S.I. No. 388/1979 - The European Communities (Waste) (No. 2) Regulations, 1979.

S.I. No. 388 of 1979.

THE EUROPEAN COMMUNITIES (WASTE) (NO. 2) REGULATIONS, 1979.

The Minister for the Environment in exercise of the powers conferred on him by Section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive of 6 April, 1976, No. 76/403/EEC^*, hereby makes the following Regulations:

^*O.J. No. L 108/41, 26 April, 1976.

1. (1) These Regulations may be cited as the European Communities (Waste) (No. 2) Regulations, 1979.

(2) These Regulations shall come into operation on the 1st day of April, 1980.

2. (1) In these Regulations—

"authorised person" means a person appointed by a local authority or by the Minister to be an authorised person for the purpose of these Regulations;

"the Council Directive" means Council Directive of 6 April, 1976, No. 76/403/EEC;

"designated authority" means the Electricity Supply Board;

"disposal" means the collection or destruction or collection and destruction of PCB and the transformation operations necessary for regenerating PCB;

"local authority" means—

( a ) in the case of the administrative County of Dublin, excluding the borough of Dún Laoghaire, the council of the county of Dublin,

( b ) in the case of the borough of Dún Laoghaire, the corporation of the borough,

( c ) in the case of a county borough, the corporation of the county borough, and

( d ) in the case of any other administrative county, the council of the county;

"Minister" means the Minister for the Environment;

"PCB" means polychlorinated biphenyls, polychlorinated terphenyls and mixtures containing one or both such substances.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary appears, the meaning in these Regulations that it has in that Directive.

3. The designated authority is hereby authorised for the purpose of disposing of PCB on their own account or on behalf of any other person.

4. A holder of waste PCB or of any object or equipment which contains PCB and which is no longer capable of being used shall—

( a ) notify the designated authority forthwith of such holding,

( b ) hold such waste, object or equipment available for disposal by the designated authority, and

( c ) make such waste, object or equipment available to the designated authority when that authority so requires.

5. A person shall not cause or permit the discharge, dumping or tipping of PCB or of objects or equipment containing PCB, or dispose of PCB or of objects or equipment containing PCB, in a manner which would endanger human health or harm the environment.

6. (1) A person who fails to comply with the requirements of article 4 or who contravenes article 5 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £600 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(2) A prosecution for an offence under this article may be taken by the Minister.

7. (1) The designated authority shall maintain a register and shall make all such entries therein as may be necessary to provide a record of notification under article 4 and of the origin, quantity and type of waste PCB, or of PCB contained in objects and equipment no longer capable of being used, which is received, collected or held by the designated authority, and the date and method of disposal.

(2) The designated authority shall make the register available for inspection by any authorised person and shall furnish to the Minister any abstract from the register or such other relevant information as he may from time to time direct.

8. (1) An authorised person shall have power to—

( a ) enter, inspect, examine and search at any reasonable time—

(i) any structure on premises or other land in or on which he has reasonable cause to believe that waste PCB or any object, or equipment which contains PCB and which is no longer capable of being used is being held or has been discharged, dumped or tipped, or

(ii) any vehicle or container which he has reasonable cause to believe is being used for the holding, discharge, dumping or tipping of waste PCB or of any object or equipment which contains PCB and which is no longer capable of being used,

( b ) require the person who appears to him to be in charge of the structure, premises or other land or the vehicle or container to produce any waste PCB, or any object or equipment which contains PCB and which is no longer capable of being used, which is in his possession or under his control,

( c ) require such person, or any person employed in or on such structure, premises or other land or vehicle, to produce any books, records or other documents which relate to transactions concerning PCB or any object or equipment which contains PCB and which are in his possession or under his control.

( d ) inspect any substance, object or equipment and any book, record or other document produced in pursuance of a requirement under these Regulations, and, if he thinks fit, copy an entry in such book, record or document,

( e ) make such examination and inquiry as may be necessary to ascertain whether the provisions of these Regulations are being complied with, and

( f ) in case in the course of exercising a power conferred on him by this article, an authorised person finds or has produced to him any substance which appears to him to be PCB, or an unused object or equipment which may contain PCB, in or on any structure, premises or other land, or vehicle or container, require the person who appears to him to be in possession or control of such substance, object or equipment to give to him such information as it is in his power to give as to who is the owner of the substance, object or equipment and its origin.

(2) When exercising any powers conferred by these Regulations, an authorised person shall, if so required, produce evidence of his authority.

(3) If any person wilfully delays an authorised person in the exercise of any power under these Regulations, or fails to comply with a requisition of an authorised person made in pursuance of these Regulations, or wilfully withholds any information requested by an authorised person in pursuance of these Regulations, that person shall be deemed to obstruct an authorised person in the execution of his duties under these Regulations.

(4) Any person who obstructs or interferes with an authorised person in the course of exercising a power conferred on him by these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £250.

9. A prosecution for an offence under article 8 may be taken—

( a ) in the case of obstruction or interference with an authorised person appointed by the Minister, by the Minister, and

( b ) in the case of obstruction or interference with an authorised person appointed by a local authority, by the local authority.

10. The European Communities (Waste) Regulations. 1979 ( S.I. No. 390 of 1979 ) shall not apply to waste PCB or to PCB contained in objects or equipment no longer capable of being used.

GIVEN under the Official Seal of the Minister for the Environment this

7th day of December 1979.

SYLVESTER BARRETT.

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations give effect to Council Directive of the European Communities of 6 April, 1976 (76/403/EEC)* on the disposal of polychlorinated biphenyls and polychlorinated terphenyls. These substances or mixtures containing them are described as PCB and have been or are being used for various purposes including use in electrical equipment such as transformers, resistors, inductors and condensers and used as heat-transmitting fluids in closed-circuit heat-transfer installations. The purpose of these Regulations is to secure safe disposal of waste PCB, including PCB contained in objects or equipment no longer capable of being used. Discharge, dumping or tipping in a manner which would endanger human health or harm the environment is prohibited and summary conviction of an offence renders a person liable to a fine not exceeding £600 or 6 months imprisonment or both. The Electricity Supply Board is designated as an authority which is authorised to dispose of PCB. Holders of waste PCB must notify the designated authority and make it available for disposal by them. The authority must maintain a register of notifications and of waste held or disposed of and must furnish information required by the Minister. The Regulations also enable duly authorised persons to investigate whether the Regulations are being complied with and conviction of obstruction or interference with such investigation renders a person liable to a fine not exceeding £250.