European Communities (Asbestos Waste) Regulations, 1990.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Communities (Asbestos Waste) Regulations, 1990.
(2) These Regulations shall come into operation on the 1st day of March, 1990.
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paragraphs: In these Regulations:—
"asbestos" means the following fibrous silicates:
—crocidolite (blue asbestos)
—actinolite,
—anthophyllite,
—chrysotile (white asbestos)
—amosite (brown asbestos)
—tremolite;
"authorised person" means a person appointed by a local authority or by the Minister for the Environment to be an authorised person for the purposes of these Regulations;
"local authority" means—
( a ) in the case of the administrative county of Dublin, excluding the borough of Dun Laoghaire, the council of the county of Dublin,
( b ) in the case of the borough of Dun 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;
"permit holder" means a person holding a permit under Article 5 of the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ( S.I. No. 33 of 1982 ) for the storage, treatment or deposit of asbestos waste.
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paragraphs: A person transporting or depositing waste, whether liquid or solid, containing asbestos fibres or asbestos dust shall ensure that no such fibre or dust is released into the air or spilled.
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paragraphs: (1) Where liquid or solid waste containing asbestos fibres or asbestos dust is deposited by a local authority or by a permit holder, such local authority or permit holder shall ensure that the waste is treated, packaged or covered in such a manner that the release of asbestos particles into the environment is prevented.
(2) Without prejudice to the generality of sub-article (1) of this Article, the requirement of that sub-article shall be deemed to be satisfied if—
( a ) prior to deposit, the waste is packaged in strong double-walled plastic sacks, or other containers of equivalent properties,
( b ) all requisite steps are taken to ensure that the sacks or other containers shall not be punctured during the course of deposit,
( c ) the waste is deposited at least two metres below the surface and from the nearest flank of the disposal site, and
( d ) where there is any risk of migration from the disposal site, the waste is encapsulated in a cement or other mix.
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paragraphs: Nothing in these Regulations shall affect the obligations imposed by the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ( S.I. No. 33 of 1982 ).
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paragraphs: (1) An authorised person shall have power to make such examination and inquiry as may be necessary to ascertain whether the provisions of these Regulations are being complied with.
(2) When exercising any power conferred by these Regulations, an authorised person shall, if so required, produce evidence of his appointment.
(3) A person shall not obstruct an authorised person in the course of exercising a power conferred on him by these Regulations.
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paragraphs: (1) A person who contravenes or fails to comply with a provision of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000, or, at the discretion of the court, to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
(2) A prosecution for an offence under these Regulations may be taken by the local authority within whose functional area the offence is committed or by the Minister for the Environment.
Dated this 8th day of February, 1990.
MARY HARNEY,
Minister of State at the Department of
the Environment.
EXPLANATORY NOTE.
These Regulations give effect to Council Directive 87/217/EEC of 19th March, 1987 on the prevention and reduction of environmental pollution by asbestos in so far as it relates to the disposal of waste asbestos. They include provisions with respect to the transport and deposit of such waste and provide for penalties for contravention or failure to comply with specified requirements.