WASTE MANAGEMENT ACT, 1996

FIRST SCHEDULE Categories of Waste

Categories of Waste

Section 4 (1).

1. Production or consumption residues not otherwise specified in this Schedule.

2. Products which have not been manufactured in accordance with the specifications relating to them.

3. Products whose date for appropriate use has expired.

4. Materials spilled, lost or which have undergone any other mishap (including any materials contaminated as a result of any such mishap).

5. Materials contaminated or soiled as a result of planned actions.

6. Unusable parts.

7. Substances which no longer perform satisfactorily.

8. Residues of industrial processes.

9. Residues from pollution abatement processes.

10. Machining or finishing residues.

11. Residues from the extraction and processing of raw materials.

12. Adulterated materials.

13. Any materials, substances or products whose use is prohibited by or under any enactment.

14. Products for which the holder has no further use.

15. Contaminated materials, substances or products resulting from any remedial action taken with respect to land.

16. Any materials, substances or products which are not otherwise specified in this Schedule.

SECOND SCHEDULE Hazardous Waste

Hazardous Waste

Section 4 (2).

Part I Categories or Generic Types of Hazardous Waste

Part I

Categories or Generic Types of Hazardous Waste

Category I Waste

1. Anatomical substances, hospital or other clinical waste.

2. Pharmaceutical, medicinal or veterinary compounds.

3. Wood preservatives.

4. Biocides or phyto-pharmaceutical substances.

5. Residue from substances employed as solvents.

6. Halogenated organic substances not employed as solvents, excluding inert polymerized materials.

7. Tempering salts containing cyanides.

8. Mineral oils or oily substances (including cutting sludges).

9. Mixtures or emulsions of oil and water or hydrocarbon and water.

10. Substances containing polychlorinated biphenyls or polychlorinated terphenyls (including dielectrics).

11. Tarry materials arising from refining, distillation or any pyrolytic treatment (including still bottoms).

12. Inks, dyes, pigments, paints, lacquers or varnishes.

13. Resins, latex, plasticizers, glues or adhesives.

14. Chemical substances arising from research and development or teaching activities (including laboratory residues) which are not identified or are new and whose effects on humans or the environment are not known.

15. Pyrotechnics or other explosive materials.

16. Photographic chemicals or processing materials.

17. Any material contaminated with any congener of polychlorinated dibenzo-furan.

18. Any material contaminated with any congener of polychlorinated dibenzo-p-dioxin.

Category II Waste

19. Animal or vegetable soaps, fats or waxes.

20. Non-halogenated organic substances not employed as solvents.

21. Inorganic substances without metals or metal compounds.

22. Ashes or cinders.

23. Soil, sand or clay (including dredging spoils).

24. Non-cyanidic tempering salts.

25. Metallic dust or powder.

26. Spent catalyst materials.

27. Liquids or sludges containing metals or metal compounds.

28. Residue (other than the substances mentioned in paragraphs 29, 30 and 33) from pollution control operations (including baghouse dusts).

29. Scrubber sludges.

30. Sludges from water purification plants.

31. Decarbonization residue.

32. Ion-exchange column residue.

33. Sewage sludges, untreated or unsuitable for use in agriculture.

34. Residue from cleaning of tanks or equipment.

35. Contaminated equipment.

36. Contaminated containers (including packaging and gas cylinders).

37. Batteries or other electrical cells.

38. Vegetable oils.

39. Materials resulting from the selective collection of waste from households.

40. Any other waste.

Part II Constituents of Category II Waste which render it hazardous when it has the properties specified in Part III

Part II

Constituents of Category II Waste which render it hazardous when it has the properties specified in Part III

41. Beryllium or beryllium compounds.

42. Vanadium compounds.

43. Chromium (VI) compounds.

44. Cobalt compounds.

45. Nickel compounds.

46. Copper compounds.

47. Zinc compounds.

48. Arsenic or arsenic compounds.

49. Selenium or selenium compounds.

50. Silver compounds.

51. Cadmium or cadmium compounds.

52. Tin compounds.

53. Antimony or antimony compounds.

54. Tellurium or tellurium compounds.

55. Barium compounds, excluding barium sulphate.

56. Mercury or mercury compounds.

57. Thallium or thallium compounds.

58. Lead or lead compounds.

59. Inorganic sulphides.

60. Inorganic fluorine compounds, excluding calcium fluoride.

61. Inorganic cyanides.

62. Any of the following alkaline or alkaline earth metals, namely, lithium, sodium, potassium, calcium, magnesium in uncombined form.

63. Acidic solutions or acids in solid form.

64. Basic solutions or bases in solid form.

65. Asbestos (dust or fibres).

66. Phosphorus: phosphorus compounds, excluding mineral phosphates.

67. Metal carbonyls.

68. Peroxides.

69. Chlorates.

70. Perchlorates.

71. Azides.

72. Polychlorinated biphenyls or polychlorinated terphenyls.

73. Pharmaceutical or veterinary compounds.

74. Biocides or phyto-pharmaceutical substances (including pesticides).

75. Infectious substances.

76. Creosotes.

77. Isocyanates or thiocyanates.

78. Organic cyanides (including nitriles).

79. Phenols or phenol compounds.

80. Halogenated solvents.

81. Organic solvents, excluding halogenated solvents.

82. Organohalogen compounds, excluding inert polymerized materials and other substances referred to in this Part.

83. Aromatic compounds; polycyclic and heterocyclic organic compounds.

84. Aliphatic amines.

85. Aromatic amines.

86. Ethers.

87. Substances of an explosive character, excluding those referred to elsewhere in this Part.

88. Sulphur organic compounds.

89. Any congener of polychlorinated dibenzo-furan.

90. Any congener of polychlorinated dibenzo-p-dioxin.

91. Hydrocarbons and their oxygen, nitrogen or sulphur compounds not otherwise referred to in this Part.

Part III Properties of Waste which render it hazardous

Part III

Properties of Waste which render it hazardous

There is set out in each paragraph of this Part a general term denoting a particular property of waste which renders it hazardous, followed by an explanation of such general term by reference to a description of substances or preparations which possess the particular property.

92. “Explosive”: substances or preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene.

93. “Oxidizing”: substances or preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances.

94. “Highly flammable”

(a) liquid substances or preparations having a flash point below 21C (including extremely flammable liquids), or

(b) substances or preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy, or

(c) solid substances or preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition, or

(d) gaseous substances or preparations which are flammable in air at normal pressure, or

(e) substances or preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities.

95. “Flammable”: liquid substances or preparations having a flash point of not less than 21C and not more than 55C.

96. “Irritant”: non-corrosive substances or preparations which, through immediate, prolonged or repeated contact with the skin or mucous membrane, can cause inflammation.

97. “Harmful”: substances or preparations which, if they are inhaled or ingested or if they penetrate the skin, may involve limited health risks.

98. “Toxic”: substances or preparations (including very toxic substances or preparations) which, if they are inhaled or ingested or if they penetrate the skin, may cause serious, acute or chronic health risks or death.

99. “Carcinogenic”: substances or preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce cancer or increase its incidence.

100. “Corrosive”: substances or preparations which may destroy living tissue on contact.

101. “Infectious”: substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in humans or other living organisms.

102. “Teratogenic”: substances or preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence.

103. “Mutagenic”: substances or preparations which, if they are inhaled or ingested or if they penetrate the skin, may induce hereditary genetic defects or increase their incidence.

104. “Ecotoxic”: substances or preparations which present or may present immediate or delayed risks for one or more sectors of the environment.

105. “Residuary hazardous property”

(a) substances or preparations which release toxic or very toxic gases in contact with water, air or an acid, or

(b) substances or preparations capable by any means, after being disposed of, of yielding another substance which possesses any property referred to in this or any other paragraph of this Part.

THIRD SCHEDULE Waste Disposal Activities

Waste Disposal Activities

Section 4 (3).

1. Deposit on, in or under land.

2. Land treatment, including biodegradation of liquid or sludge discards in soils.

3. Deep injection of the soil, including injection of pumpable discards into wells, salt domes or naturally occurring repositories.

4. Surface impoundment, including placement of liquid or sludge discards into pits, ponds or lagoons.

5. Specially engineered landfill, including placement into lined discrete cells which are capped and isolated from one another and the environment.

6. Biological treatment not referred to elsewhere in this Schedule which results in final compounds or mixtures which are disposed of by means of any activity referred to in this Schedule.

7. Physico-chemical treatment not referred to elsewhere in this Schedule which results in final compounds or mixtures which are disposed of by means of any activity referred to in this Schedule.

8. Incineration on land or at sea.

9. Permanent storage, including emplacement of containers in a mine.

10. Release of waste into a water body (including a seabed insertion).

11. Blending or mixture prior to submission to any activity referred to in this Schedule.

12. Repackaging prior to submission to any activity referred to in this Schedule.

13. Storage prior to submission to any activity referred to in this Schedule, other than temporary storage, pending collection, on the premises where the waste concerned is produced.

FOURTH SCHEDULE Waste Recovery Activities

Waste Recovery Activities

Section 4 (4).

1. Solvent reclamation or regeneration.

2. Recycling or reclamation of organic substances which are not used as solvents.

3. Recycling or reclamation of metals and metal compounds.

4. Recycling or reclamation of other inorganic materials.

5. Regeneration of acids or bases.

6. Recovery of components used for pollution abatement.

7. Recovery of components from catalysts.

8. Oil re-refining or other re-uses of oil.

9. Use of any waste principally as a fuel or other means to generate energy.

10. Spreading of any waste on land with a consequential benefit for an agricultural activity or ecological system, including composting and other biological transformation processes.

11. Use of waste obtained from any activity referred to in a preceding paragraph of this Schedule.

12. Exchange of waste for submission to any activity referred to in a preceding paragraph of this Schedule.

13. Storage of waste intended for submission to any activity referred to in a preceding paragraph of this Schedule, other than temporary storage, pending collection, on the premises where such waste is produced.

FIFTH SCHEDULE Repeals And Revocations

Repeals And Revocations

Section 6.

PART I Enactments Repealed

PART I

Enactments Repealed

Session and Chapter or Number and Year

Session and Chapter or Number and Year

Short Title

Short Title

Extent of Repeal

Extent of Repeal

(1)

(1)

(2)

(2)

(3)

(3)

41 and 42 Vict., c.52

41 and 42 Vict., c.52

Public Health (Ireland) Act, 1878

Public Health (Ireland) Act, 1878

Sections 28, 35, 36, 37, 37A, 52, 53, 54, 55, 60 and 63A.

Sections 28, 35, 36, 37, 37A, 52, 53, 54, 55, 60 and 63A.

53 and 54 Vict., c.59

53 and 54 Vict., c.59

Public Health Acts Amendment Act, 1890

Public Health Acts Amendment Act, 1890

Section 26.

Section 26.

53 and 54 Vict., c.ccxlvi

53 and 54 Vict., c.ccxlvi

Dublin Corporation Act, 1890

Dublin Corporation Act, 1890

Section 63.

Section 63.

7 Edw.7, c.53

7 Edw.7, c.53

Public Health Acts Amendment Act, 1907

Public Health Acts Amendment Act, 1907

Sections 19, 28, 29 and 48.

Sections 19, 28, 29 and 48.

No. 1 of 1942

No. 1 of 1942

Water Supplies Act, 1942

Water Supplies Act, 1942

Section 10A.

Section 10A.

No. 11 of 1982

No. 11 of 1982

Litter Act, 1982

Litter Act, 1982

Sections 9, 10, 11, 12 and 13.

Sections 9, 10, 11, 12 and 13.

No. 7 of 1992

No. 7 of 1992

Environmental Protection Agency Act, 1992

Environmental Protection Agency Act, 1992

Section 96 (4).

Section 96 (4).

PART II Statutory Instruments Revoked

PART II

Statutory Instruments Revoked

S.I. Number and Year

S.I. Number and Year

Citation

Citation

Extent of Revocation

Extent of Revocation

(1)

(1)

(2)

(2)

(3)

(3)

S.I. No. 390 of 1979

S.I. No. 390 of 1979

The European Communities (Waste) Regulations, 1979

The European Communities (Waste) Regulations, 1979

The whole Regulations.

The whole Regulations.

S.I. No. 33 of 1982

S.I. No. 33 of 1982

The European Communities (Toxic and Dangerous Waste) Regulations, 1982

The European Communities (Toxic and Dangerous Waste) Regulations, 1982

The whole Regulations.

The whole Regulations.

S.I. No. 108 of 1984

S.I. No. 108 of 1984

The European Communities (Waste) Regulations, 1984

The European Communities (Waste) Regulations, 1984

The whole Regulations.

The whole Regulations.

S.I. No. 30 of 1990

S.I. No. 30 of 1990

The European Communities (Asbestos Waste) Regulations, 1990

The European Communities (Asbestos Waste) Regulations, 1990

The whole Regulations.

The whole Regulations.

S.I. No. 183 of 1991

S.I. No. 183 of 1991

European Communities (Use of Sewage Sludge in Agriculture) Regulations, 1991

European Communities (Use of Sewage Sludge in Agriculture) Regulations, 1991

The whole Regulations.

The whole Regulations.

S.I. No. 399 of 1992

S.I. No. 399 of 1992

The European Communities (Waste Oils) Regulations, 1992

The European Communities (Waste Oils) Regulations, 1992

The whole Regulations.

The whole Regulations.

S.I. No. 90 of 1994

S.I. No. 90 of 1994

The European Communities (Asbestos Waste) Regulations, 1994

The European Communities (Asbestos Waste) Regulations, 1994

The whole Regulations.

The whole Regulations.

S.I. No. 121 of 1994

S.I. No. 121 of 1994

The European Communities (Transfrontier Shipment of Waste) Regulations, 1994

The European Communities (Transfrontier Shipment of Waste) Regulations, 1994

The whole Regulations.

The whole Regulations.

S.I. No. 262 of 1994

S.I. No. 262 of 1994

The European Communities (Batteries and Accumulators) Regulations, 1994

The European Communities (Batteries and Accumulators) Regulations, 1994

The whole Regulations.

The whole Regulations.