European Union (Waste Incineration Plants and Co-incineration Plants)Regulations 2013
Source: Iris Oifigiúl 2013-05-07

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paragraphs: These Regulations may be cited as the European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013.
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paragraphs: (1) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
(2) In these Regulations—
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paragraphs: (1) These Regulations apply to waste incineration plants and waste co-incineration plants which incinerate or co-incinerate solid or liquid waste.
(2) For the purposes of these Regulations, waste incineration plants and waste co-incineration plants shall include all incineration lines or co-incineration lines, waste reception, storage, on site pretreatment facilities, waste-, fuel- and air-supply systems, boilers, facilities for the treatment of waste gases, on-site facilities for treatment or storage of residues and waste water, stacks, devices and systems for controlling incineration or co-incineration operations, recording and monitoring incineration or co-incineration conditions.
(3) If processes other than oxidation, such as pyrolysis, gasification or plasma process, are applied for the thermal treatment of waste, the waste incineration plant or waste co-incineration plant shall include both the thermal treatment process and the subsequent incineration process.
(4) If waste co-incineration takes place in such a way that the main purpose of the plant is not the generation of energy or production of material products but rather the thermal treatment of waste, the plant shall be regarded as a waste incineration plant for the purposes of these Regulations.
(5) These Regulations shall not apply to the following plants:
(a) plants treating only the following wastes:
(i) waste listed as follows:
(I) vegetable waste from agriculture and forestry;
(II) vegetable waste from the food processing industry, if the heat generated is recovered;
(III) fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered;
(IV) cork waste;
(V) wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating and which includes, in particular, such wood waste originating from construction and demolition waste;
(ii) radioactive waste;
(iii) animal carcasses as regulated by Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption3 ;
(iv) waste resulting from the exploration for, and the exploitation of, oil and gas resources from off-shore installations and incinerated on board the installations;
(b) experimental plants used for research, development and testing in order to improve the incineration process and which treat less than 50 tonnes of waste per year.
(c) gasification or pyrolysis plants, if the gases resulting from this thermal treatment of waste are purified to such an extent that they are no longer a waste prior to their incineration and they can cause emissions no higher than those resulting from the burning of natural gas.
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paragraphs: The Agency shall be the competent authority for the purposes of Chapter IV of the Directive and for the purposes of these Regulations.
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paragraphs: (1) These Regulations shall apply to new waste incineration plants and waste co-incineration plants on or after the signing of these Regulations.
(2) These Regulations shall apply to existing waste incineration plants and waste co-incineration plants on or after 7 January, 2014.
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paragraphs: Without prejudice to Sections 83(1) and 84 of the Act of 1992 and Sections 40(1) and 41 of the Act of 1996, if the activity concerned is a waste incineration plant or a waste co-incineration plant the Agency shall attach to any licence or waste licence (as the case may be) that may be granted by it such conditions as are necessary to give effect to these Regulations.
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paragraphs: (1) Without prejudice to Section 83(3) of the Act of 1992 or Section 40(4) of the Act of 1996, if the activity concerned is a waste incineration plant or a waste co-incineration plant, the Agency shall not grant a licence or a waste licence unless it is satisfied that the waste incineration plant or waste co-incineration plant complies with the requirements of these Regulations.
(2) The Agency shall, not later than 7 January 2014, have examined the terms of every licence and waste licence of existing waste incineration plants and waste co-incineration plants and having regard to the provisions of these Regulations, determined whether, the licence or waste licence is to be amended to bring it into conformity with these Regulations, and if—
(a) it has determined that the licence or revised licence requires to be so amended, completed the amendment in accordance with Regulation 7(3); or
(b) it has determined that the licence or revised licence does not require to be so amended and accordingly, that no further action is required, declared in writing that it is of that opinion.