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TRANSCRIPT
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Comhairle Cathrach agus Chontae Luimnigh
LIMERICK CITY & COUNTY COUNCIL County Hall, Dooradoyle, Co. Limerick.
Waste Management Act, 1996 (as amended)
Waste Management (Facility Permit & Registration) Regulations 2007
(as amended)
WASTE FACILITY PERMIT Ref. No. in Register: WFP/L/2016/21B/R3
Date of Issue: 19th
July 2016
Expiry Date: 18th
July 2021
NAME OF APPLICANT: DAVID O’RIORDAN
ADDRESS: CAHERNARRY,
BALLYNEETY,
COUNTY LIMERICK
TELEPHONE NO.: 061-351930/ 087-6865000
FAX NO.: 061-351930
EMAIL: [email protected]
LOCATION OF FACILITY: SCART,
CAHERNARRY,
BALLYNEETY,
COUNTY LIMERICK
In pursuance of the powers conferred on it by the Waste Management Act 1996 (as
amended) and the Waste Management (Facility Permit & Registration) Regulations,
2007 (as amended), Limerick City & County Council grants this waste permit under
Article 35(1) of the Regulations to David O’Riordan to carry on at Scart, Cahernarry,
Ballyneety, County Limerick, the waste activity listed below, subject to 11 conditions.
Limerick City & County Council may at any time review, and subsequently amend
the conditions of, or revoke this permit.
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The permitted classes of activities, in accordance with Part I of the Third
Schedule of the Waste Management (Facility Permit & Registration)
Regulations, 2007 (as amended):
Class 2: The Reception, storage (including temporary storage) and recovery
of waste vehicles (other than end-of-life vehicles) having regard to
the provision of article 14 and 15 of the European Union (End of
Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014).
Class 4: The reception, storage and recovery of scrap metal, including
scrap metal arising from end-of-life vehicles, waste vehicles (other
than end-of-life vehicles) and WEEE where scrap metal from —
(1) end-of-life vehicles shall be subject to appropriate treatment
and recovery in accordance with the provisions of articles 14 and
15 of the European Union (End of Life Vehicles) Regulations 2014
(S.I. No. 281 of 2014) prior to acceptance at the scrap metal
facility, and as appropriate,
(2) waste vehicles (other than end-of-life vehicles) shall be subject
to appropriate treatment and recovery having regard to the
provisions of articles 14 and 15 of the European Union (End of
Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014)prior to
acceptance at the scrap metal facility, and as appropriate,
(3) WEEE shall be subject to appropriate treatment and recovery in
accordance with the provisions of articles 20, 21 and 22 of the
European Union (Waste Electrical and Electronic Equipment)
Regulations 2014 (S.I. No. 149 of 2014)
Class 12: the collection and storage (including temporary storage) and
appropriate treatment and recovery of end of life vehicles in
accordance with the provisions of European Union (End of Life
Vehicles) Regulations 2014 (S.I. No. 281 of 2014)
Permitted Waste Activities, in accordance with the Fourth Schedule of the Waste
Management Act, 1996 (as amended):
Class R4: Recycling or Reclamation of metals and metal compounds. (Principal
Activity)
Class R5: Recycling/reclamation of other inorganic materials, which includes
soil cleaning resulting in recovery of the soil and recycling of
inorganic construction materials.
Class R13: Storage of waste pending any of the operations numbered R 1 to
R12 (excluding temporary storage (being preliminary storage
according to the definition of ‘collection’ in section 5(1)),
pending collection, on the site where the waste is produced).
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CONTENTS
REASON FOR THE DECISION
INTERPRETATION
SCHEDULE OF CONDITIONS – WFP/L/2016/21B/R3
1. General
2. Site Infrastructure/site works
3. Stormwater and Soiled Water
4. Hazardous Waste Storage
5. Waste Acceptance & Handling
6. Environmental Nuisances
7. Environmental Monitoring
8. Notification & Record Keeping
9. Contingency Arrangements
10. Cessation
11. Financial Contribution
Tables
Table 1 WFP/LK/2016/21B/R3– Authorised Activities
Table 2 WFP/LK/2016/21B/R3 – Permitted Material
Appendices
Appendix I: Purpose of Regulations
Appendix II: Operational Guidelines for ATF regarding Certificates
of Destruction
Appendix III: Reporting Format for incoming waste
Appendix IV: ELV ATF Quarterly Report
Appendix V: Purchase of Waste
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REASON FOR THE DECISION
Limerick City & County Council has considered the application and supporting
documentation received from the applicant and is satisfied, that subject to compliance
with the conditions of this permit that:
(a) The activity concerned shall not cause, or be likely to cause, environmental
pollution.
(b) Any emissions from the activity concerned will not result in the contravention of
any relevant standard, including any standard for an environmental medium, or
any relevant emission limit value, prescribed under any enactment.
(c) The best available technology will be used to prevent or eliminate or, where that is
not practicable, to limit, abate or reduce an emission from the activity concerned.
(d) The facility is compliant with planning or is exempt from planning permission
under Section 5 of the Planning & Development Act 2000, and
(e) The applicant is a fit and proper person to hold a permit.
NOTE:
THE GRANTING OF THIS PERMIT, AND ANY CONDITION IMPOSED BY IT, DOES NOT
EXEMPT THE HOLDER OF THE PERMIT FROM COMPLYING WITH THE STATUTORY
OBLIGATIONS OF ANY RELEVANT LEGISLATION, INCLUDING WATER POLLUTION,
AIR POLLUTION, WASTE, LITTER AND PLANNING LEGISLATION.
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INTERPRETATION
In this permit, terms used are as defined in the Waste Management Act 1996 (as
amended) and repeated here for convenience. In addition some new definitions have
been added. In case of conflict between this permit and the Acts, the Waste
Management Act 1996 (as amended) will take precedence.
Abandoned in relation to a vehicle, includes left in such
circumstances or for such period that it is reasonable to
assume that the vehicle has been abandoned, and
cognate words shall be construed accordingly;
Act The Waste Management Act 1996, (as amended).
Annual Report As defined in Condition 8.11 of this permit
(AR)
Authorised Person A person who is appointed in writing by the Minister, a
local authority, the Agency or such other person as may
be prescribed to be an authorised person for the
purposes of the Waste Management Acts.
Authorised treatment means a facility at which the collection and the storage
Facility and the appropriate treatment and recovery of vehicles
may take place.
Certificate of destruction means the certificate referred to in Part III of European
Union (End of Life Vehicles) Regulations 2014.
Collection The gathering, sorting or mixing of waste for the
purpose of it being transported, and includes the
transport of waste and the acceptance of control of
waste.
Commercial Waste Waste from premises used wholly or mainly for the
purposes of a trade or business or for the purposes of
sport, recreation, education or entertainment but does
not include household, agricultural or industrial waste.
Depolluted ELVs End of Life Vehicles which have been depolluted, i.e.
all end of life vehicles fluids (fuel, motor oil,
transmission oil, gearbox oil, hydraulic oil, cooling
liquids, antifreeze, brake fluids, air conditioning system
fluids etc); batteries; liquefied gas tank; and the
potentially explosive components (including air bags);
and all components containing mercury have been
removed
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Dismantling information means all information required for the appropriate
treatment and recovery of end-of-life vehicles. It shall
be made available to authorised treatment facilities by
vehicle producers and vehicle component manufacturers
in the form of manuals or by means of electronic media,
which may include CD-ROM, or as appropriate, on-line
services;
Disposal Includes any of the activities specified in the Third
Schedule of the Waste Management Acts.
Disposal Facility Any site or premises used for the purpose of waste
disposal.
End-of-life vehicle means a specified vehicle which is discarded or is to be
discarded by its registered owner as waste and shall be
read in accordance with the meaning of section 4(1)(a)
of the Act and article 1(a) of Council Directive
75/442/EEC of 15 July 1975 on waste;
Environmental Pollution The holding, transport, recovery or disposal of waste in
a manner which would, to a significant extent, endanger
human health or harm the environment, and in particular
–
(a) create a risk to waters, the atmosphere, land, soil,
plants or animals,
(b) create a nuisance through noise, odours or litter, or
(c) adversely affect the countryside or places of special
interest;
Essential components
of a vehicle means the engine and coachwork of a specified vehicle
and shall also include the transmission, wheels and
catalytic converter, if a catalytic converter formed part
of the vehicle when it was placed on the market;
Fit & Proper Person As defined in Article 5(2) of the Regulations
Hazardous substance means any substance which is considered to be
dangerous under Council Directive 67/548/EEC of 27
June 1967 on the approximation of laws, regulations
and administrative provisions relating to the
classification, packaging and labelling of dangerous
substances;
Hazardous Waste As defined in Section 4(2)(a) of the Act.
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List of Waste A list of wastes (including the Hazardous Waste
List) established since 1st June 2015. Based on
commission decision of 18th
December 2014 amending
Decision 2000/532/EC on the list of waste pursuant to
Directive 2008/98/EC of the European Parliament and
of the Council (2014/955/EEC). Statutory Instrument
No. 233 of 2015, EuropeanUnion (Properties of Waste
Which Render It Hazardous) Regulations 2015
transposing the Commission Regulation (EU) No
1357/2014 of 18th
December 2014 replacing Annex III
to Directive 2008/98/EC of the European Parliament and
of the Council on waste and repealing certain directives.
Any waste marked with an asterisk (*) is considered as a
hazardous waste.
Local Authority In the case of a county borough, the city council of the
county borough, in the case of any other administrative
county, the council of the county, and references to the
functional area of a local authority shall be construed
accordingly.
Maintain Keep in a fit state, including such regular inspection,
servicing and repair as may be necessary to adequately
perform its function.
Mechanically propelled
Vehicle has the meaning given to it by Chapter IV of Part II of
the Finance Act 1992 (No. 9 of 1992);
Non De-polluted ELV’s End of Life Vehicles which have not been depolluted,
i.e. still contain end of life vehicles fluids (fuel, motor
oil, transmission oil, gearbox oil, hydraulic oil, cooling
liquids, antifreeze, brake fluids, air conditioning system
fluids etc); batteries; liquefied gas tank; and the
potentially explosive components (including air bags);
and all components containing mercury.
Recovery Any activity carried on for the purposes of reclaiming,
recycling or re-using, in whole or in part, the waste and
any activities related to such reclamation, recycling or
re-use, including any of the activities specified in the
Fourth Schedule of the Act.
Recovery Facility Any site or premises used for the purpose of waste
recovery.
Registered owner has the meaning assigned to it by the Road Vehicles
(Registration and Licensing) (Amendment) Regulations
2004 as amended for the time being, but if those
regulations should be revoked, it shall have the meaning
assigned to it by such regulations corresponding to
those regulations as may be for the time being in force;
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Relevant Local Authority The Authority in whose functional area the activity is
taking place
Shredder means any device used for tearing into pieces or
fragmenting treated end-of-life vehicles, or other
metallic or metalliferous waste, for the purpose of
obtaining directly reusable metal scrap and, as
appropriate, other recyclable material fragments;
Skip A container used for the storage or removal of builder’s
materials, rubble, waste, rubbish or other materials and
which is designed to be transported by means of a
mechanically propelled vehicle.
Source Separation Taking steps in a systematic manner for the purpose of
separating specified waste types from other waste
materials and the holding of such waste so separated
prior to its collection, recovery or disposal.
Treatment of Waste Includes any thermal, physical, chemical or biological
processes that change the characteristics of waste in
order to reduce its volume or hazardous nature or
facilitate its handling, disposal or recovery.
Treatment in relation to end-of-life vehicles means any activity
after the end-of-life vehicle has been handed over to an
authorised treatment facility for depollution,
dismantling, shearing, shredding, recovery or
preparation for disposal of shredder wastes,
Waste Any substance or object belonging to a category of
waste specified in the First Schedule of the Waste
Management Acts or for the time being included in the
European Waste Catalogue (EWC) which is discarded
or otherwise dealt with as if it were waste.
Waste Oils Any mineral-based lubrication or industrial oils which
have
(to include liquid / become waste, including used combustion engine oils,
gearbox
contaminated sorbent) oils, mineral lubricating oils, oils for turbines and
hydraulic oils.
Waste Facility Permit A permit issued by a local authority for a waste facility
in accordance with the Act and the Waste Management
(Facility Permit and Registration) Regulations, 2007 (as
amended).
Working Days means a day which the principle office of the local
authority is open for business.
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SCHEDULE OF CONDITIONS – WFP/L/2016/21B/R3
1.0 General
1.1 This permit refers to the waste recovery activities of David O’Riordan,
Cahernarry, Ballyneety, Co. Limerick. The location of the facility being at
Scart, Cahernarry, Ballyneety, Co. Limerick.
1.2 Should the permit holder wish to transfer the facility permit to another person
they shall make an application to Limerick City & County Council in
accordance with article 27 of the Regulations.
1.3 The only waste activities authorised by this permit in accordance with Part I of
the Third Schedule of the Regulations and the Fourth Schedule of the Act are
as depicted in Table 1: WFP/L/2016/21B/R3 – Authorised Activities :
Third Schedule of the Regulations – Part I
Class 2: The Reception, storage (including temporary storage) and recovery
of waste vehicles (other than end-of-life vehicles) having regard to the
provision of article 14 and 15 of the European Union (End of Life Vehicles)
Regulations 2014 (S.I. No. 281 of 2014).
Class 4: The reception, storage and recovery of scrap metal, including scrap
metal arising from end-of-life vehicles, waste vehicles (other than end-of-life
vehicles) and WEEE where scrap metal from—(1) end-of-life vehicles shall
be subject to appropriate treatment and recovery in accordance with the
provisions of articles 14 and 15 of the European Union (End of Life
Vehicles) Regulations 2014 (S.I. No. 281 of 2014) prior to acceptance at the
scrap metal facility, and as appropriate, (2) waste vehicles (other than end-
of-life vehicles) shall be subject to appropriate treatment and recovery
having regard to the provisions of articles 14 and 15 of the European Union
(End of Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014)prior to
acceptance at the scrap metal facility, and as appropriate,(3) WEEE shall be
subject to appropriate treatment and recovery in accordance with the
provisions of articles 20, 21 and 22 of the European Union (Waste Electrical
and Electronic Equipment) Regulations 2014 (S.I. No. 149 of 2014)
Class 12: The collection and storage (including temporary storage) and
appropriate treatment and recovery of end of life vehicles in accordance with
the provisions of European Union (End of Life Vehicles) Regulations 2014
(S.I. No. 281 of 2014)
Recovery Activities - Fourth Schedule of the Act
Class R4: Recycling or Reclamation of metals and metal Compounds.
(Principal Activity)
Class R5: Recycling/reclamation of other inorganic materials, which
includes soil cleaning resulting in recovery of the soil and recycling of
inorganic construction materials
Class R13: Storage of waste pending any of the operations numbered R 1 to
R12 (excluding temporary storage (being preliminary storage according to
the definition of ‘collection’ in section 5(1)), pending collection, on the site
where the waste is produced).
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1.4 The permit is granted for a period less than 5 years from the date of grant of
the waste facility permit to correspond with planning permission 15/185 and
shall expire on 18th
July 2021
1.5 Should the permit holder wish to continue to operate after the date of expiry,
an application to review the facility permit shall be made to Limerick City &
County Council in accordance with article 31 (1) of the Regulations no later
than 60 working days before the date of expiry of the waste facility permit.
Note as the existing planning permission is limited until July 2021 further
planning permission will need to be obtained.
1.6 Should the permit holder not wish to continue waste activities after the date of
expiry of the waste facility the permit holder shall by notice in writing to
Limerick City & County Council surrender the facility permit under article 29
of the Regulations.
1.7 The permit holder may at any time surrender by notice in writing to Limerick
City & County Council for surrender of the facility permit under article 29 of
the Regulations.
1.8 A waste facility permit shall not be deemed as surrendered until the permit
holder has satisfied Limerick City & County Council that the facility is not
causing or likely to cause environmental pollution. The permit holder will be
required to comply with any conditions imposed by Limerick City & County
Council as part of the surrendering of the waste facility permit.
1.9 Only waste as described in the following table, Table 2: WFP/L/2016/21B/R3
- Permitted Material, (codes taken from the List of Waste) shall be accepted on
the site.
LoW
Code
Waste Description
16 01 End of life vehicles from different means of transport
(including off road machinery) and wastes from
dismantling of end of life vehicles and vehicle maintenance
(except 13, 14, 16 06 and 16 08)
16 01 04* End of Life Vehicles
16 01 06 End of Life Vehicles, containing neither liquids nor other
hazardous components
1.10 The Permit holder shall ensure that adequate steps are taken to prevent
acceptance of any other waste types. Any changes to waste types accepted
must be agreed in advance with Limerick City & County Council.
1.11 Activity at the site is restricted to the storage of 10 No. End of Life Vehicles
awaiting de-pollution at any one time on the concrete slab. End of Life
vehicles shall not be stacked on the concrete slab.
1.12 In the event that the End of Life Vehicle storage capacity is exceeded, the
permit holder will be required to arrange for the removal of such End of Life
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Vehicles to an authorised treatment facility with sufficient capacity. Such a
breach will be considered an offence liable to legal proceedings. All costs
associated with the removal works shall be borne by the permit holder.
1.13 Collection and storage (including temporary storage) and treatment of end of
life vehicles shall only be carried out at the facility subject to adherence to the
minimum technical requirements specified in the Second Schedule of the
European Union (End of Life Vehicles) Regulations 2014 (S.I. No. 281 of
2014).
1.14 All waste activities shall be confined to the area outlined in red in the site
layout plan (drawing number MB15-007) submitted during the application
process, and shall take place only as specified in the application and as
modified and/or controlled by the terms of this permit.
1.15 The permit holder shall give notice in writing to Limerick City & County
Council of any significant changes to the information furnished to the Council
in the application and subsequent information provided during the application
process within one week of such changes occurring. Where, Limerick City &
County Council believes any changes are a material change in the nature,
focus, or extent of the waste related activity or the nature or extent of any
emission concerned has taken place to an extent which renders the conditions
attached to the existing waste facility permit, inappropriate, or an amendment
to the Regions Waste Management Plan requires a review, Limerick City &
County Council has the right to initiate a Review under Article 30 of the
Regulations.
1.16 De-pollution of End of Life Vehicles shall at all times be carried out within a
fully enclosed facility, on an impermeable surface that is provided with
spillage collection facilities, decanters and cleanser-degreasers.
1.17 The permit holder shall adhere to the operational guidelines as prepared by the
Department of the Environment, Heritage and Local Government regarding
the issuance of Certificates of Destruction refer to Appendix II.
1.18 Certificates of Destruction as issued by Limerick City & County Council shall
be completed by the permit holder on receipt of an End of Life Vehicle from
the registered owner, a Local Authority or a member of the Garda Siochana.
A copy of the completed Certificate (green copy) shall be issued to the
registered owner, the white copy of the completed form forwarded to the
Vehicle Registration Unit, Department of the Environment, Heritage and
Local Government and the yellow copy kept on file at the facility site.
1.19 The permit holder shall comply at all times with the provisions of the
Community Acts detailed in Appendix I – Purpose of Regulation, insofar as
such provisions are relevant to the waste activity to be carried out.
1.20 Where Limerick City & County Council considers that a non-compliance with
the conditions of this permit has occurred, it may serve a notice on the permit
holder specifying:
• That only those wastes as specified, if any, in the notice are to be accepted
at the facility after the date specified in the notice: and,
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• That the permit holder shall undertake the works stipulated in the notice,
and/or otherwise comply with the requirements of the notice as set down
therein, within any time scale contained in the notice.
When the notice has been complied with, the permit holder shall provide
written confirmation to the local authority that the requirements of the notice
have been carried out. No waste, other than that, which is stipulated in the
notice, shall be accepted at the facility until written confirmation is received
from the Council that the notice is withdrawn.
Reason: To clarify the Scope of this licence.
2.0 Site Works and Infrastructure
2.1 The permit holder shall establish and maintain the entire infrastructure
required to ensure compliance with the minimum technical requirements of
Second Schedule of the European Union (End of Life Vehicles) Regulations
2014 (S.I. No. 281 of 2014)
2.2 Within one month of the date of grant of this permit, an identification board
shall be provided and maintained on the entrance to the site so that it is legible
to persons outside the main entrance to the site. The minimum dimensions of
the identification boards shall be 1200mm by 750mm. The board shall clearly
state the following: -
a) The name and telephone number of the company;
b) That the site has a waste permit from Limerick City & County
Council;
c) The waste permit number
d) Date of grant of permit;
e) The normal hours of operation of the facility;
f) The name, address & telephone number of the permit holder.
2.3 The permit holder shall provide and maintain an inspection bay/quarantine
area within the facility.
2.4 The security fence/wall for the site shall be maintained and the gates to the
facility shall be kept locked shut when the facility is unsupervised.
2.5 All wellheads shall be adequately protected to prevent contamination or
physical damage within six months of their installation and maintained on an
on-going basis.
2.6 The permit holder shall provide and use adequate lighting during the operation
of the facility in hours of darkness.
2.7 The oil interceptor, sampling chambers and high level oil alarms are to be
regularly maintained.
2.8 The oil interceptor shall be marked with a pole mounted sign and unhindered
access shall be maintained to it at all times.
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2.9 The silt trap and gullies shall be maintained on a regular basis. They must be
cleaned out at least every quarter, unless otherwise agreed.
Reason: To provide adequate site infrastructure
3.0 Stormwater and Soiled Water
3.1 The permit holder shall ensure that all surface water run-off from the concrete
storage area for non de-polluted ELVs is diverted to the class 1 full retention
interceptor prior to discharge off site.
3.2 Surface water discharged from the yard shall be free from contamination by
petrol, diesel, and ELV fluids.
3.3 All direct discharges of List I and List II substances as specified in the
Directive 76/464/EEC to surface and groundwater are prohibited.
3.4 An approved waste oil contractor shall empty the interceptor tank at a
minimum on an annual basis. The permit holder shall provide proof of this
contract by including details of it in the annual environmental report.
3.5 Spill kits for the treatment of oil, petrol and diesel spillages shall be
maintained within the storage and de-pollution areas of the facility and
externally around the site at all times.
3.6 Clean roof water from the facility shall be diverted away from the interceptor
to a separate drainage system
3.7 Should activities on site intensify with a result that additional staff are
required; the permit holder will be required to provide appropriate welfare
facilities on site, proposal for which shall be submitted to Limerick City &
County Council for their approval, prior to changes being made to the site.
Reason: To provide for the protection of the environment
4.0 Hazardous Waste Storage
4.1 The permit holder shall ensure that all batteries, oil filters and PCB/PCT
containing condensers are stored in appropriate containers on impervious
bunded storage areas. The minimum net bunded volume required shall not be
less than 110% of the volume of liquids in the batteries/ oil filters. In addition,
these storage areas shall be securely covered so that rainwater is excluded
from entering the area.
4.2 Batteries, oil filters and PCB’s shall be removed for recovery by an approved
Recycling Contractor. The permit holder shall provide proof of this contract
by submitting removal receipts as part of the quarterly reports.
4.3 All hazardous fluids including fuel, motor oil, transmission oil, gearbox oil,
hydraulic oil, cooling liquids, anti- freeze, brake fluids, air conditioning
system fluids shall be segregated and stored in bunded containers on an
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impervious concrete base. The minimum net bunded volume shall not be less
than 110% of the capacity of the largest tank within the bunded area.
4.4 All inlets, outlets, valves and gauges shall be within the bunded areas.
4.5 All drainage from bunded areas shall be treated as hazardous waste unless it
can be demonstrated to be otherwise. All drainage from bunded areas shall be
diverted for collection and appropriate disposal.
4.6 Under no circumstances shall different categories of hazardous wastes (e.g.
waste oils, fluids, batteries etc) be mixed unless otherwise agreed in writing by
the Environment Department
4.7 All waste liquid tanks and containers shall be labelled clearly to indicate their
contents
4.8 An approved Recycling Contractor shall remove all hazardous fluids for
recovery or disposal. The permit holder shall provide proof of this contract by
submitting receipts for collection and removal as part of the quarterly reports.
REASON: To provide for the protection of the environment.
5.0 Waste Acceptance and Handling
5.1 The permit holder is legally responsible for all aspects of the operation and
maintenance of the site. Nothing in the granting of this permit in any way
reduces the legal liabilities of the permit holder, nor relieves the permit holder
of his/her statutory obligations under any enactment.
5.2 The facility shall be under the control of a suitably qualified manager. The
manager or a suitably trained deputy shall be on site at all times during the
operation of the facility. The manager or his deputy shall be responsible for:-
a) Ensuring that only waste of the type detailed in condition 1.9 is
deposited on the site;
b) Recording information required under the conditions of this permit.
5.3 The name, address and telephone number of the manager and his deputy or
deputies shall be supplied to the Environment Section of Limerick City &
County Council within two weeks of the date of grant of this permit.
5.4 Limerick City & County Council shall be informed of changes in key staff
including the name and address of suitably qualified personnel in writing
within seven days of such changes.
5.5 The permit holder shall provide a copy of the permit to all relevant personnel
working on the site.
5.6 The permit holder shall make a copy of this permit available at the facility for
examination by any interested party.
5.7 All end-of life vehicles, prior to de-pollution, shall be stored on an impervious
concrete base as detailed in drawing number MB15-007 ‘site layout ’. Under
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no circumstances shall non-depolluted End of Life Vehicles be stored on any
other location in the facility.
5.8 De-polluted End of Life Vehicles shall be stored on the hardcore storage areas
as outlined in drawing number MB15-007, ‘site layout’.
5.9 All discarded vehicles arriving on-site shall be taken immediately to the
concrete storage slab and to the de-pollution facility as soon as possible.
Abandoned/crashed cars that are recovered on behalf of the Gardai and/or
Insurance companies which are leaking oil on arrival shall also be drained
immediately and stored on-site pending removal by order of the court.
5.10 All end of life vehicles arriving at the facility shall be subjected to a visual
inspection by the permit holder, or his staff, employees, lessees or agents.
Materials other than those permitted shall be removed immediately from the
site. Such waste shall be disposed of (or recovered) at an alternative facility
with an appropriate waste permit or waste licence. Following delivery of such
unauthorised waste to the site, Limerick City & County Council shall be
immediately notified by telephone/fax, and full details shall be forwarded in
writing on the next working day.
5.11 When dismantling an end of life vehicle or removing fluids from a component
of an end of life vehicle, the permit holder shall have regard to the dismantling
information by the producer of the vehicle under Article 31 of European
Union (End of Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014)
5.12 The permit holder shall ensure that all end of life vehicles be de-polluted at the
earliest possible opportunity but in any case not later than 10 days after the
date of deposition of the end of life vehicle at the site, in order to reduce any
adverse impact on the environment. De-pollution shall include:
(i) The removal and separation of all end of life vehicles fluids (fuel, motor
oil, transmission oil, gearbox oil, hydraulic oil, cooling liquids, antifreeze,
brake fluids, air conditioning system fluids etc);
(ii) The removal of the battery, or as appropriate batteries;
(iii)The removal of the liquefied gas tank;
(iv) The removal or neutralisation of all potentially explosive components
(including air bags);
(v) The removal of all components containing mercury, insofar as is feasible.
5.13 The permit holder shall ensure that:
(i) all fluids (fuel, motor oil, transmission oil, gearbox oil, hydraulic oil,
cooling liquids, anti freeze, break fluids, air conditioning system fluids
and any other fluids contained in the end of life vehicle) are drained
before dismantling commences, and that these fluids are temporarily
stored on site in appropriate containers in an environmentally sound
manner in the bunded storage area or immediately removed off site by
an authorised waste collection permit holder in;
(ii) lead acid batteries are removed from incoming end of life vehicles and
that these batteries are stored temporarily on site in appropriate
containers in an environmentally sound manner pending removal off
site;
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(iii) unless otherwise agreed with Limerick City & County Council, filters
are removed from incoming end of life vehicles and that these filters
are stored in appropriate containers in an environmentally sound
manner pending removal off site;
(iv) all air conditioning systems, catalysts and other hazardous components
and material are removed from incoming end of life vehicles and
stored in appropriate containers in an environmentally sound manner
pending removal off site;
(v) all liquefied gas tanks are removed from all End of Life Vehicles, prior
to removal off-site;
(vi) all airbags should be removed from incoming ELV’s and stored on site
in appropriate containers in an environmentally sound manner pending
re-use or else deployed in the vehicle;
(vii) all dismantled spare parts and in particular oil contaminated spare parts
are stored in the enclosed de-pollution building;
(viii) appropriate storage areas for windscreen and glass breakages are
provided at the facility;
(ix) used tyres are stored in a manner that does not constitute a fire hazard
and that excessive stockpiling is avoided, pending removal off site;
(x) insofar as is feasible, that all components identified as containing
mercury are removed from incoming end of life vehicles and stored in
appropriate containers in an environmentally sound manner pending
removal off site.
5.14 The permit holder shall ensure that storage operations are carried out in such a
manner so as to avoid damage to components containing fluid, recoverable
components and spare parts.
5.15 The permit holder shall promote the recycling of End of Life Vehicles, in
particular where an article or material listed hereunder is present in an End of
Life Vehicle, no treatment of the vehicle shall prevent the removal of:
i. The catalyst(s)
ii. All metal components containing copper, aluminium and
magnesium if metals are not segregated in the shredding process.
iii. Tyres and large plastic components including bumpers, dashboard
and any fluid containers) if these materials are not segregated in the
shredding process in such a way that they can be effectively
recycled.
iv. Glass.
5.16 The permit holder shall be responsible for the achievement of the targets for
re-use, recovery and recycling in respect of the End of Life Vehicle as
specified in the European Union (End of Life Vehicles) Regulations 2014 (S.I.
No. 281 of 2014)
5.17 The shells of end of life vehicles and their constituent metal parts shall be
transferred to a permitted/licenced metal recovery facility by an authorised
collector. The permit holder shall ensure that end of life vehicles shells are
delivered to a licence/permitted shredding facility, which has the capacity to
segregate plastic components (including bumpers, dashboard and any fluid
containers) for recycling from the metal shell.
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5.18 The permit holder shall ensure that all waste contractors collecting waste from
the site are operating in compliance with Section 34 of the Act, and hold a
relevant waste collection permit.
5.19 The permit holder shall not impose a charge on the registered owner of an End
of Life Vehicle for that vehicle which has been accepted by the permit holder
for dismantling and treatment at the facility:
(i) on and from the first day of November 2006, in respect of a
specified vehicle first registered in the state on or after the 1st day of
July 2002, or as appropriate
(ii) on and from the first day of January 2007 in respect of other
specified vehicles
5.20 In the event that the permit holder is contracted by a producer to form part of
that producers national collection scheme, the permit holder shall be required
to accept free of charge End of Life Vehicles of that producers brand or for
which that producer has responsibility which have no value or a negative
value. The permit holder shall not be required, however, to accept an End of
Life Vehicle free of charge where the essential components of the vehicle are
missing or, as appropriate, where waste has been added to the End of Life
Vehicle.
5.21 Activities shall only be permitted on the site between the hours of 09:00 and
19:00, Monday to Friday and 09:00 to 16:00 on Saturdays. (Excluding Bank
and National Holidays). If required for response to an emergency, vehicles
may be accepted onto the facility outside of these hours; however, no waste
recovery activity shall be permitted outside the prescribed hours of operation.
5.22 The floor of the vehicle de-pollution building shall be cleaned on a weekly
basis. The floor of the storage bays for recovered wastes shall be cleaned on
each occasion such bays are emptied, or as a minimum on a monthly basis.
5.23 The permit holder shall ensure that vehicles in the car storage yard shall not be
stacked more than Two vehicles high.
5.24 Scavenging shall not be permitted at the facility.
5.25 Under no circumstances shall waste be burned on-site.
5.26 The permit holder shall establish and maintain an environmental management
documentation system, which shall be to the satisfaction of the Environment
Department and in accordance with the European Union (End of Life
Vehicles) Regulations 2014 (S.I. No. 281 of 2014)
5.27 The permit holder shall establish and maintain procedures for identifying
training needs, and for providing appropriate training, for all personnel whose
work can have a significant effect upon the environment. Appropriate records
of training shall be maintained.
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5.28 Personnel performing specifically assigned tasks shall be qualified on the basis
of appropriate education, training and or experience, as required. The permit
holder must ensure that agents involved in transport of waste are appropriately
trained and or experienced and receive adequate supervision on-site.
5.29 The permit holder shall establish and maintain procedures to ensure that
corrective action is taken should the specified requirements of this permit not
be fulfilled. The responsibility and authority for initiating further investigation
and corrective action in the event of a reported non-conformity shall be
defined.
5.30 The permit holder shall not transfer end of life vehicles, or abandoned
vehicles, which have been deposited at the facility for treatment and recovery
to any other persons save for the purpose of being the subject of treatment and
recovery at another authorised treatment facility.
5.31 The permit holder shall not transfer end of life tyres to farmers for anchoring
silage covering, unless it is through a holder of a waste collection permit, and
they are in compliance with the Waste Management (Tyres and Waste Tyres)
Regulations, 2007.
5.32 The Permit holder shall ensure that persons transferring End of Life Vehicles
to and from the site are in compliance with the Requirements of Section 34 of
the Act, and hold a waste collection permit.
Reason: To ensure that the activity is properly managed and that acceptable
standards are maintained.
6.0 Environmental Nuisances
6.1 No substance shall be discharged from the site in such quantities as would
exceed the concentration limits imposed for the specific substance in National
or International legislation.
6.2 The permit holder shall ensure that dismantling and recovery activities on the
site shall be carried out in such a manner as not to have an adverse impact on
the general environment and specifically the drainage of adjacent lands, roads
and watercourses, field drains or any other drainage system.
6.3 The permit holder shall take adequate precautions to prevent undue noise,
dust, grit, untidiness and other nuisances during the course of the works, which
would result in a significant impairment of or significant interference with
amenities or the environment beyond the site boundary. If unacceptable levels
occur, the permit holder shall abide by the Council’s abatement requirements,
which may include immediate cessation of operations.
6.4 Dust deposition levels at the boundary of the facility shall not exceed
0.35g/m2/day.
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6.5 Activities on the site shall not cause noise levels, measured as LAeq (30mins)
over an 8-hour period, at the nearest noise sensitive location, to exceed the
greater of 55dBA (daytime) or 3dBA above the daytime LAeq(30min) levels
that exist when the site is not operating. Air guns and compressors shall not
be used after 18.00 hours Monday to Saturday or at any times on Sundays or
Bank Holidays.
6.6 There shall be no clearly audible tonal component or impulsive component in
the noise emissions from the activities on-site at any noise sensitive location.
6.7 The permit holder shall not stack any more than 2 de-polluted ELV’s on top of
one another in the de-polluted ELV storage area’s.
6.8 The permit holder shall not allow any over-spill of waste outside the site
perimeter, as outlined on the site layout plan submitted with the permit
application
6.9 All litter on the site and its environs should be removed and appropriately
disposed of on a daily basis.
6.10 The public road should be kept free from any debris caused by vehicles
entering or leaving the facility. Any such debris shall be removed without
delay.
Reason: To avoid environmental damage and nuisance.
7.0 Environmental Monitoring
7.1 The permit holder shall initiate a programme for the maintenance of the oil
interceptor, silt traps and underground pipelines on the site. A register shall be
kept of all maintenance work carried out on such units and this information shall
be made available to Limerick City & County Council on request.
7.2 The permit holder shall ensure that all tanks and pipelines shall be maintained
impervious to the materials carried in or stored herein. The integrity and water
tightness of all the bunded structures, tanks and containers and their resistance
to penetration by water or other materials stored therein shall be tested and
demonstrated by the permit holder within 18 months of the date of grant of
this permit. This testing shall be carried out in accordance with any guidance
published by the Agency. A report of such tests shall be included in the
Annual Environmental Report.
7.3 A grab sample shall be taken of the final discharge from the oil separator on a
twice yearly basis unless agreed otherwise with Limerick City & County
Council. The grab sample shall be analysed for the following chemical
parameters: pH, TOC, Suspended Solids, & Mineral Oils. Sampling &
analysis shall be carried out by an accredited Laboratory.
7.4 The trigger levels for surface water discharge from the facility measured at the
monitoring point are:
(i) Suspended Solids 35mg/l
(ii) Mineral Oils 3mg/l.
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7.5 Groundwater monitoring shall be carried out within 18 months of the date of
this permit and thereafter on an annual basis unless agreed otherwise with
Limerick County Samples shall be taken from the three boreholes (GW1, GW2
and GW3) and shall be analysed for the following parameters: Mineral Oils,
Diesel Range Organics (DRO) with carbon banding, Petrol Range Organics
(PRO)/Total Volatiles, BTEX Compounds (Benzene, Toulene, Ethylbenzene
and Xylene), Volatile Organic Compounds (VOCs), Polycyclic Aromatic
Hydrocarbons (PAHs), Phenols, heavy metals, pH and suspended solids.
Sampling & analysis shall be carried out by an accredited Laboratory.
7.6 In the event that any monitoring, or observations indicate that an incident of
pollution of waters or other media within or in the vicinity of the permit site,
has or may take place, acceptance of waste on the site shall cease, and
remedial measures shall be carried out immediately as directed by the
Environment Department.
7.7 If so requested by Limerick City & County Council, the permit holder shall, at
his own expense, carry out such further investigations and monitoring (to
include, but shall not be limited to surface water, groundwater, dust, and noise)
of the facility as required by the Council. The scope, detail and programme,
including report structure and reporting schedule, for any such investigations
and monitoring shall be in accordance with any written instructions issued by
the Council.
7.8 Limerick City & County Council may at its discretion arrange for monitoring
at the facility. The cost incurred by the Council shall be borne by the permit
holder
7.9 All monitoring results shall be submitted to Limerick City & County Council
within the next quarterly report following completion of sampling. These
records shall be available for inspection at the site office during normal
working hours, by Authorised Officers of Limerick City & County
Council, and any other person authorised under Section 28 of the Local
Government (Water Pollution) Act, 1977.
7.10 Authorised staff of Limerick City & County Council shall have unrestricted
access to the site including sewers and pipes at all reasonable times, on
production of identification, for the purpose of their functions under the Act,
including such inspections, monitoring investigations as are deemed
necessary by the Council.
7.11 The permit holder shall maintain records of all sampling, analyses,
measurements, examinations, calibrations and maintenance carried out in
accordance with the requirements of the permit and all other such monitoring
which relates to the environmental performance of the facility. All records
shall be maintained for a minimum of seven years at the permit holders office
on-site.
Reason: To provide for Environmental Monitoring of the Facility.
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8.0 Notification & Record Keeping
8.1 All written communications with Limerick City & County Council
shall be addressed to
Senior Executive Engineer,
Planning & Environmental Services,
Limerick City & County Council,
Dooradoyle,
Co. Limerick
Telephone: (061) 496245
Normal Working Hours: 09.00-17:00
Fax No.: (061) 496008
Email: [email protected]
8.2 A written record shall be maintained of all waste arriving on site,
which shall include:-
a) Date of receipt
b) The name & waste collection permit number of the company which
transported the waste;
c) The end of life vehicle registration number and vehicle type;
d) The location where the waste originated;
e) A description of the waste including EWC Code;
f) Where an End of Life Vehicle is removed or rejected, details of the
date of occurrence, the types of waste and the facility to which they
were removed.
g) The destination of all end of life vehicles and associated waste streams
moving off-site.
h) Certificates of destruction for each end of life vehicle de-polluted on-
site.
8.3 The permit holder is required to compile and maintain the following
records:
a) the number, and aggregate unladen weight, of end of life vehicles that
have been deposited at the site
b) the aggregate weight of materials for re-use, arising from end of life
vehicles that have been deposited at the site for appropriate treatment and
recovery,
c) the aggregate weight of materials for recycling, arising from end of life
vehicles that have been deposited at the site for appropriate treatment and
recovery,
d) the aggregate weight of materials for recovery, arising from end of life
vehicles that have been deposited at the site for appropriate treatment and
recovery, and
e) the aggregate weight of materials for disposal, arising from end of life
vehicles that have been deposited at the site for appropriate treatment and
recovery.
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Where the permit holder has not entered into an agreement with a producer to
be part of a producers national collection system, the permit holder is required
to submit the above information for the preceding twelve months period to
Limerick City & County Council not later than the 28th
February in each year.
Limerick City & County Council has the right to specify the format, which
may include electronic or internet based forms that records pursuant to this
condition are to be compiled and maintained. Such records are to be
maintained by the permit holder at the permitted site for a period of at least
seven years.
8.4 The permit holder shall immediately notify the Environment Department, by
telephone of any incident, which occurs as a result of the activity on the site,
and which:
a) Has the potential for environmental contamination of surface or
groundwater,
b) Poses an environmental threat to air or land, or
c) Requires an emergency response by the Local Authority.
8.5 A full incident report shall be forwarded in writing to the Environment
Department on the next working day. The permit holder shall include as
part of the notification:
a) The date & time of the incident,
b) Details of the incident and circumstances giving rise to it,
c) An evaluation of environmental pollution caused, if any,
d) Actions taken to minimise the effect on the environment,
e) Steps taken to avoid reoccurrence,
f) Any other remedial action taken.
g) The permit holder shall make a record of any such incident in a
register to be maintained on-site.
8.6 In the event of an incident which involves a discharge to waters and/or sewers the
permit holder shall notify Limerick City & County Council and all relevant
authorities (Fisheries Board if discharge is to waters) as soon as is practicable.
8.7 The permit holder shall initiate a programme for the maintenance of the oil
interceptor on the site. A register shall be kept of all maintenance work carried
out on the unit and this information shall be made available to the Limerick
City & County Council on request.
8.8 The permit holder shall maintain a site register of all complaints relating to the
operation of the facility. Each such complaint entry in the register shall give
the following details:-
a) Time and date of the complaint;
b) The name and phone number of the complainant;
c) Details of the nature of the complaint;
d) Actions taken as a result of the complaint and the results of such
actions;
e) The response made to each complainant.
The Environment Department shall be notified of complaints in writing as
soon as possible and in any event not later than five working days of receipt of
complaint.
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8.09 The permit holder shall notify Limerick City & County Council’s
Environment Section within five working days of:-
- The imposition of any requirement on the permit holder by order
under the Act, or
- Any conviction of the permit holder for an offence prescribed
under the Act.
8.10 The permit holder shall submit to the Environment Section of Limerick City &
County Council, on a quarterly basis, the following information in relation to
the site for the previous quarter: -
a) Receipts/dockets for the removal of waste oil from the oil interceptor.
b) Receipts/dockets for the removal & recovery of batteries & waste tyres.
c) Receipts for the removal & recovery of metal shells.
d) Details of any loads rejected and the reasons for rejection;
e) Requirements specified in the operational guidelines issued by the
Department of the Environment regarding Certificates of Destruction.
f) Monitoring results for surface water and groundwater or any other
monitoring undertaken.
8.11 The permit holder shall, not later than 28 February in each year furnish to the
NWCPO in such form as may be specified by the NWCPO, an Annual Report
(AR) in respect of waste activities carried out by the permit holder in the
preceding calendar year or part thereof, as the case may be. The AR shall be a
summary of the records maintained under condition 8.2 the permit. The AR
shall contain the following information, in summary form, in respect of waste
collected by the permit holder in the preceding calendar year:
a) The management and staffing structure of the facility;
b) Any court order or conviction under the Act;
c) Quantity and type of all end of life vehicles and wastes accepted at the
site;
d) The tonnages of waste materials sent off-site for disposal/recovery;
e) Reportable incidents;
f) All complaints received;
g) Details of contract for the disposal of waste oils.
h) Details of contract for the removal and recovery of batteries & tyres;
i) Details of contracts for the removal and recovery of metal shells;
j) The destination of all waste accepted and disposed of at the facility
during the year.
k) In addition, the permit holder shall include in the report a written
summary of compliance with all the conditions attached to this permit.
l) In addition, the permit holder shall submit a report on integrity and water
tightness tests of bunded structures as per condition 7.2
m) Evidence of their current insurance cover as required under condition
11.4
8.12 The permit holder shall make all records maintained on the site available to
Limerick City & County Council staff at all reasonable times, and shall
provide any relevant information when so requested by an authorised person
of Limerick City & County Council.
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8.13 The permit holder shall maintain all records, and records relating to sampling,
analyses, measurements, examinations, calibrations and maintenance carried out
in accordance with the requirements of this permit and all other such monitoring
which relates to the environmental performance of the facility on site for a period
of not less than seven years and shall make these records available to Limerick
City & County Council staff at all reasonable times, and shall provide any relevant
information when so requested by an authorised officer.
8.14 The permit holder will indicate within one month from the date of issue of
this permit how the facility will ensure full traceability of any waste purchased
including end of life vehicles. Details should include types of identification
requested and accepted in accordance with the Waste Management (Facility
Permit and Registration) Amendment Regulations 2014. Details of recording
such information is to be included also. See Appendix V.”
Reason: To provide for the notification of incidents, to update information on
the activity and to provide for the keeping of proper records.
9.0 Contingency Arrangement
9.1 A supply of absorbent material shall be kept on-site to provide an emergency
response in the event of an oil leak or similar emergency.
9.2 Adequate fire extinguishers and emergency response equipment shall be
maintained on-site.
9.3 The Permit holder shall ensure that an Emergency Response Procedure (ERP)
is in place, which shall address any emergency situation, which may originate
on-site. This procedure shall include provision for minimising the effects of
any emergency on the environment. The ERP shall be submitted to the
Environment Department within 3 months of the date of grant of permit.
Reason: To provide adequate protection in case of an emergency
10. Cessation of Waste Activities
10.1 On cessation of waste activities on site, the permit holder shall apply in
writing to Limerick City & County Council to surrender the facility permit as
prescribed in condition 1.5.
10.2 Following termination, or planned cessation for a period greater than six
months, of use or involvement of all or part of the site in the permitted
activity, the permit holder shall, to the satisfaction of the Environment
Department decommission, render safe or remove for disposal/recovery any
soil, subsoil, buildings, plant or equipment, or any waste, materials or
substances or other matter contained therein, that may result in environmental
pollution.
10.3 The permit holder shall carry out such tests, investigation or certification, as
requested by the Environment Department, to confirm that there is no risk to
the environment.
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Reason: To provide for the protection of the Environment following
cessation of the permitted activity.
11. Financial Contribution
11.1 The permit holder shall pay a contribution of €350.00 to Limerick City &
County Council towards the cost of inspecting, monitoring or otherwise
performing any function in relation to the permitted activity. The permit
holder shall pay this amount annually, not later than the 28th
February of any
given year. This fee is in lieu of monitoring undertaken during the previous
year.
11.2 In the event that the frequency or extent of monitoring or other function
carried out by the Council need to be increased for whatever reason, the permit
holder shall contribute such sums as are determined by the Council to defray
costs.
11.3 Limerick City & County Council shall carry forward the cash deposit of
€3,000 from the previous permit, lodged with the Council as a security for the
satisfactory compliance by the permit holder with the terms and conditions
attached to this permit. In the event of non-compliance by the permit holder
with any terms or conditions attached to this permit, Limerick City & County
Council shall be empowered to apply the said funds or part thereof for the
satisfactory compliance with the terms and conditions attached to this permit.
Any amount not so used by the Council will be released to the permit holder,
when all activities on site have ceased and the permit holder has fully
complied with the terms and conditions attached to the permit, to the
satisfaction of Limerick City & County Council.
11.4 The permit holder shall obtain and maintain public liability & environmental
liability insurance in their name for the operation of the recycling facility and
extend it to indemnify Limerick City & County Council. A copy of the
insurance shall be furnished to Limerick City & County Council within 1
month of the date of grant of the permit, and thereafter evidence of cover shall
be submitted every year as part of the Annual Environmental Return.
Reason: To allow for the recovery by Limerick City & County Council of
monitoring and administration costs in relation to the permit.
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Appendix I – WFP/L/2016/21B/R3
Purpose of Regulations
PROVISIONS OF COMMUNITY ACTS WHICH ARE TO BE GIVEN EFFECT TO IN
RELEVANT WASTE PERMITS GRANTED BY A LOCAL AUTHORITY.
a. Council Directive 75/439/EEC of 16 June 1975 (O.J. No. L 194/23 of 25 July 1975) on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December 1986
b. Council Directive 75/442/EEC of 15 July 1975 on waste (O.J. No. L 194/39 of 25 July 1975), as amended by Council Directive 91/156/EEC of 18 March 1991 (O.J. No. L 78/32 of 26 March 1991) and consolidated under Directive 2006/12/EC of the European Parliament and the Council of 5 April 2006 on waste (O.J. No. L114/9 of 27 April 2006).
c. Directive 2006/11/EC of 15 February 2006 of the European Parliament and of the Council on pollution caused by certain dangerous substances discharged into the aquatic environment of the community (O.J. No. L64/52 of 4 March 2006)
d. Directive 2006/118/EC of 12 December 2006 of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration (O.J. No. L372/19 of 27 December 2006)
e. Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances.
f. Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos (O.J. No. L85/40 of 28 March 1987)
g. Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (O.J. No. L 375/1 of 31 December 1991)
h. European Parliament and Council Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy (O.J. No. L 327/1 of 22 December 2000)
i. Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (O.J. No. L 377/20 of 31 December 1991).
j. Directive 2002/96/EC of the European Parliament and of the Council of 27January 2003 on waste electrical and electronic equipment, (O.J.No.L37/24,13 February 2003), as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003 (O.J. No. L 345/106, 31 December 2003).
k. Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (O.J. No. L365/10 of 31 December 1994), as amended by Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 on packaging and packaging waste (O.J. No. L47/26 of 18 February 2004)
l. Directive 2000/53/EC of the European Parliament and Council of 18 September 2000 on end of life vehicles (O.J. No.L269/34, 21 October 2000) as amended by Council Decision 2005/673/EC of 20 September 2005
m. Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (O.J. No. L182/1 16 July 1999).
n. Regulation (EC) No. 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (O.J. No. L244/1 of 29 September 2000), as amended by Council Regulations (EC) Nos. 2038/2000 (O.J. No. L244/25 of 29 September 2000), 2039/2000 (O.J. No. L244/26 of 29 September 2000), 1804/2003 (O.J. No. L265/1 of 16 October 2003), Commission Regulation (EC) No. 2077/2004 (O.J. No. L359/28 of 4 December 2004), Commission Regulation (EC) No. 29/2006 (O.J. No. L6/27 of 11 January 2006) and Commission Regulation (EC) No. 1784/2006 of 4 December 2006 (O.J. No. L337/3 of 5 December 2006)
o. Regulation (EC) No. 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases (O.J. No. L161/1 of 14 June 2006)
p. Directive 2006/66/EC of 6 September 2006 of the European Parliament and the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (O.J. No. L 266/49 of 26 September 2006)
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q. Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances (O.J. No. L078/38 of 26 March 1991) as amended by Commission Directive 93/86/EEC of 4 October 1993 (O.J. No. L264/51 of 23 October 1993) and by Commission Directive 98/101/EC of 22 December 1998 (O.J. No. L1/1 of 5 January 1999)
r. Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25November 2002 on waste statistics (O.J. No. L332/1 of 9 December 2002)
s. Regulation (EC) No 850/2004 of the European Parliament and the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (O.J. No. L229/5 of 29 June 2004) as amended by Council Regulation (EC) No. 1195/2006 (O.J No. L55/1 of 23 January 2007) and Council Regulation (EC) No. 172/2007 O.J. No. L272/19, 27 December 2006 (O.J. No. L217/1, 8 August 2006)
t. 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 consumption, as amended by Commission Regulation (EC) No. 808/2003 of 12 May 2003 (O.J. No. L117/1 of 13 May 2003)
u. Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (O.J. No. L103/1 of 25 April 1979)
v. Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206/7 of 22 July 1992)
w. Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances
x. Directive 2006/118/EC of 12 December 2006 of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration
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Appendix II - WFP/L/2016/21B/R3
CERTIFICATES OF DESTRUCTION
OPERATIONAL GUIDELINES FOR AUTHORISED
TREATMENT FACILITIES
1. BACKGROUND
1.1 The European Union (End of Life Vehicles) Regulations – S.I. No. 281 of 2014,
which came into effect on 21st June 2014, provide the framework for the
implementation in Ireland of Directive 2000/53/EC on end-of-life vehicles.
Under the Regulations, obligations are imposed on authorised treatment
facilities, local authorities, vehicle owners and vehicle producers (i.e.
manufacturers and professional importers) in relation to the environmentally
sound collection, storage, treatment, dismantling, reuse, recovery, recycling and
disposal of end-of-life vehicles.
1.2 To assist in minimising the risk of environmental pollution associated with the
treatment of end-of-life vehicles, an obligation is imposed on the registered
owner of a vehicle that is an end-of-life vehicle to dispose of that vehicle at an
authorised treatment facility for appropriate treatment and recovery. An
authorised treatment facility is defined as a facility at which the collection and
storage and appropriate treatment and recovery of end-of-life vehicles may take
place. The Regulations further stipulate that such facilities operate under a
waste permit (or a waste licence) and in accordance with the minimum technical
requirements set out in the Second Schedule of the Regulations on and from 1st
January 2007.
1.3 From 1st January 2007 onwards, there is a further requirement that the owner or
operator of an authorised treatment facility shall issue a Certificate of
Destruction to the registered owner, an authorised person of a local authority or
a member of an Garda Síochána on the deposit of an end-of-life vehicle at that
facility for appropriate treatment and recovery and all relevant information
relating to that Certificate of Destruction shall be noted on the National Vehicle
File. Under S.I. No. 281 of 2014, only an authorised treatment facility may
issue Certificates of Destruction.
1.4 A Certificate of Destruction may only issue in respect of end-of-life vehicles of
the following vehicle type –
- motor vehicles having at least four wheels (or having three wheels when the
maximum weight exceeds 1 metric ton), used for the carriage of passengers
and comprising no more than eight seats in addition to the driver’s seat (i.e.
Category M1 type approval);
- motor vehicles having at least four wheels (or having three wheels when the
maximum weight exceeds 1 metric ton), used for the carriage of goods and
having a maximum weight not exceeding 3.75 metric tons (i.e. Category N1
type approval).
Typically, this means that passenger cars and light commercial vehicles will
require a Certificate of Destruction when deposited at authorised treatment
facilities for appropriate treatment and recovery. While an authorised treatment
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facility may accept vehicle types other than the above (subject to the scope of
the facility’s waste permit), a Certificate of Destruction shall not issue in respect
of any vehicle which does not fall into either category M1 or category N1 vehicle
types (e.g. motorcycles, buses, special purpose vehicles, HGVs etc).
1.5 This document lays down the broad parameters under which an authorised
treatment facility may issue a Certificate of Destruction, the documentation
required from the person presenting the end-of-life vehicle and how such
associated records are to be compiled, maintained and reported by the authorised
treatment facility concerned.
2. REQUISITION OF CERTIFICATES OF DESTRUCTION
2.1 David O’Riordan shall only obtain manual Certificates of Destruction from
Limerick City and County Council if the facility holds a waste permit (or the
EPA if the facility holds a waste license) on foot of a written request to
Limerick City and County Council from the authorised treatment facility
operator. David O’Riordan shall specify the amount of Certificates of
Destruction required in increments of 50 blank certificates.
2.2 Manual Certificates of Destruction shall issue from Limerick City and County
Council to David O’Riordan, in booklets of 50 blank certificates (each in
triplicate as outlined below in paragraph 2.4).
2.3 Limerick City and County Council shall issue manual Certificates of
Destruction to David O’Riordan no later than 10 working days from the receipt
of such a written request.
2.4 Each manual Certificate of Destruction shall contain its own unique serial
(COD) number and will also comprise of three identical pages - a green copy
for the registered owner, a yellow copy for the authorised treatment facility and
the final white copy for the National Vehicle File.
2.5 No charge shall be imposed by Limerick City and County Council on David
O’Riordan for manual Certificates of Destruction.
2.6 Limerick City and County Council shall keep a record of the serial numbers on
the Certificates of Destruction that issue to David O’Riordan. Similar records
will be kept on serial numbers for Certificates of Destruction issuing to other
authorised treatment facilities operating within the functional area of Limerick
City and County Council.
3. ISSUE OF THE CERTIFICATE OF DESTRUCTION
3.1 When an end-of-life vehicle is accepted at David O’Riordan’s premises, a
manual Certificate of Destruction shall only be issued in the name of
- the registered owner of the vehicle, or
- Limerick City and County Council in respect of the disposal by Limerick
City and County Council of an abandoned vehicle under section 71 of the
Waste Management Act 1996 (as amended), or
- An Garda Síochána where a vehicle is being disposed by the Garda Síochána
under section 41 of the Road Traffic Act 1994 and any regulations made
thereunder.
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Subject to the provision of documentary evidence (e.g. letter of authorisation
from the registered owner, Limerick City and County Council or an Garda
Síochána), David O’Riordan may issue the Certificate of Destruction to a third
party acting on behalf of the registered owner, Limerick City and County
Council, or an Garda Síochána. The name of the third party will not be recorded
on the Certificate of Destruction - [David O’Riordan] shall keep a copy of the
letter of authorisation for inclusion in the records of the specific end-of-life
vehicle concerned.
3.2 David O’Riordan shall complete the top OWNER copy (green) of the
Certificate of Destruction in block capitals using black ink so that the
information is clearly reproduced on the middle FACILITY copy (yellow) and
the final NATIONAL VEHICLE FILE copy (white) beneath, taking care to
ensure that all three copies are clearly legible.
3.3 In completing Part 1 of the manual Certificate of Destruction, David O’Riordan
shall require the registered owner of the vehicle (or a third party acting on behalf
of the registered owner) to surrender either the vehicle registration certificate /
vehicle licensing certificate / vehicle log-book as appropriate. If the vehicle
licensing certificate / vehicle registration certificate / vehicle log-book has been
lost, stolen or destroyed, David O’Riordan shall notify the registered owner (or a
third party acting on behalf of the registered owner) that this situation must be
regularised (i.e. a new certificate / log-book must be obtained) with the Vehicle
Registration Unit in the Department of the Environment, Heritage and Local
Government, Shannon, County Clare.
The requirement to surrender the vehicle’s vehicle registration certificate /
vehicle licensing certificate / vehicle log-book does not apply where Limerick
City and County Council is disposing of an abandoned vehicle under section 71
of the Waste Management Act, 1996 (as amended) nor where the Garda
Síochána are disposing of a vehicle under section 41 of the Road Traffic Act
1994. The textbox in the bottom right corner of Part 1 of the Certificate of
Destruction (i.e. If no, please elaborate) should be used to record either Section
71 of the Waste Management Act 1996 (as amended) or Section 41 of the Road
Traffic Act 1994 as appropriate for such cases.
Where such information is available the Waste Facility (David O’Riordan) shall
note the date of expiry of the motor taxation disk for inclusion in the records of
the specific end-of-life vehicle concerned.
3.4 Part 2 of the manual Certificate of Destruction shall be completed by the Waste
Facility (David O’Riordan) - The name and address of -
- the registered owner of the end-of-life vehicle, or as appropriate,
- LOCAL AUTHORITY e.g. Limerick City and County Council, or as
appropriate
- the Garda Síochána Station,
shall be recorded by the Waste Facility (David O’Riordan) in Part 3 of the
Certificate of Destruction. The Waste Facility (David O’Riordan) shall require
the registered owner of the end-of-life vehicle, authorised person of Limerick
City and County Council or member of an Garda Síochána to sign the textbox at
the bottom left corner of Part 3 to verify that the information recorded is true
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and accurate – a third party acting on behalf of the registered owner, Limerick
County Council or the Garda Síochána may also sign on their behalf.
A registered owner or a third party acting on his/her behalf shall be required to
provide suitable documentation (e.g. driver’s licence) to the Waste Facility
(David O’Riordan) to verify their identification when depositing an end-of-life
vehicle at the Waste Facility (David O’Riordan.). The declaration in Part 4 shall
be completed and signed by the Waste Facility (David O’Riordan) to certify that
the end-of-life vehicle will be destroyed in accordance with the requirements of
the European Union (End of Life Vehicles) Regulations 2014 and that the
bottom (white) copy shall be notified to the Vehicle Registration Unit in the
Department of the Environment, Heritage and Local Government, Shannon,
County Clare so that the destruction of the vehicle will be noted on the records
of the National Vehicle File.
3.5 On the completion of Parts 1 to 4 of the Certificate of Destruction, the Waste
Facility (David O’Riordan) shall record the date of issue in the space provided
in the top left corner of the certificate and issue the top (green) copy to the
registered owner, authorised person of Limerick City and County Council,
member of an Garda Síochána, or to a third party acting on their behalf if such is
the case.
3.6 On the 10th
day of each month, the Waste Facility (David O’Riordan) shall
issue, by way of surface mail, the bottom (white) copy for each end-of-life
vehicle treated at that facility to the Vehicle Registration Unit in the Department
of the Environment, Heritage and Local Government, Shannon, County Clare so
that the destruction of those vehicles will be noted on the records of the National
Vehicle File. On a month-to-month basis David O’Riordan shall keep a record
of the date on which the Certificates of Destruction issued to the Vehicle
Registration Unit in Shannon, County Clare (e.g. Certificates of Postage).
4. RECORD KEEPING AND SECURITY
4.1 Manual Certificates of Destruction (both blank and complete) shall be properly
stored by the authorised treatment facility in a secure environment (i.e. water
and fire resistant cabinets) so that only properly authorised personnel may
access the certificates and accompanying documentation.
4.2 The loss, theft or destruction of Certificates of Destruction (both blank and
complete) must be notified immediately by the Waste Facility (David
O’Riordan) to An Garda Síochána and in writing to Limerick City and County
Council, Environment Section providing a clear explanation of events relating to
the loss, theft or destruction of the Certificates of Destruction.
4.3 Prior to storage, completed manual Certificates of Destruction must be
accompanied by the vehicle registration certificate / vehicle licensing certificate
/ vehicle log-book as appropriate. A copy of the letter of authorisation relating
to any third party acting on behalf a registered owner, Limerick City and County
Council, the Garda Síochána should also accompany to the middle (yellow)
copy of the appropriate Certificate of Destruction as well as the date of expiry of
the motor taxation disk on the end-of-life vehicle where such information is
available.
4.4 The Waste Facility (David O’Riordan)shall cancel all vehicle registration
certificates / vehicle licensing certificates / vehicle log-books provided by
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clearly writing in block capitals using red ink “CANCELLED” across the front
(and each page as appropriate) of the registration document. A rubber stamp
marked with the word “CANCELLED” in block capitals may also be used by
the waste facility (David O’Riordan) as an alternative.
4.5 All completed records as set out above in 4.1 to 4.3 must be maintained and
preserved for a period of not less than seven years from the dates of issue of the
appropriate Certificates of Destruction. Notwithstanding anything contained in
any regulation, the Waste Facility (David O’Riordan) shall shred all vehicle
registration certificates / vehicle licensing certificates / vehicle log-books and
associated Certificates of Destruction after the stipulated period of seven years.
4.6 Manual Certificates of Destruction (both blank and complete) are the sole
property of Limerick City and County Council and must not be duplicated. In
the event, that a registered owner has mislaid his/her Certificate of Destruction,
the Waste Facility (David O’Riordan) shall issue a letter to the registered owner
confirming the destruction of the end-of-life vehicle concerned and all other
details, as appropriate, as set out on the original certificate.
4.7 Data provided by registered owners, Limerick City and County Council, the
Garda Síochána or third parties acting on their behalf should not be used for any
other purpose other than that for which it was collected and held. Limerick City
and County Council shall withdraw the authority to issue Certificates of
Destruction by the Waste Facility (David O’Riordan) in the event of any misuse
or abuse of the data by the Waste Facility (David O’Riordan) or personnel
acting on their behalf.
4.8 The Waste Facility (David O’Riordan) shall comply with all relevant provisions
of the Data Protection Acts 1988 and 2003.
4.9 LIMERICK CITY AND COUNTY COUNCIL shall be permitted access to the
premises of The Waste Facility (David O’Riordan) to check methods of
processing Certificates of Destruction. The Waste Facility (David O’Riordan)
shall agree to make available to an authorised person of LIMERICK CITY AND
COUNTY COUNCIL such files and records as may be required for Limerick
City and County Council to be satisfied that the data is being used in the manner
set out in this guidance document solely for the purposes of complying with the
European Union (End of Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014)
and with Condition 1.18 of Waste Permit No. WFP/L/2016/21B/R3.
4.10 Limerick City and County Council may carry out audits of the methods of
processing, record keeping and all associated security arrangements operated by
the Waste Facility (David O’Riordan) to ensure that they comply with best
practice.
4.11 Where the Waste Facility (David O’Riordan) intends to cease operations, the
Waste Facility (David O’Riordan) shall notify Limerick City and County
Council in written form within 31 days of the proposed date of cessation by
completion of an application to surrender form. The written notification
(surrender application form) shall set out the arrangements that have been put in
place to return all manual Certificates of Destruction (both blank and complete)
together with all associated vehicle registration certificates / vehicle licensing
certificates / vehicle log-books and any other ancillary information relating to
the Certificates of Destruction to Limerick City and County Council.
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5. REPORTING ARRANGMENTS
5.1 The Waste Facility (David O’Riordan) shall compile and submit, within ten
days of the end of each quarterly period, a report to Limerick City and County
Council containing the following information -
- the unique Certificate of Destruction (COD) number,
- date of issue of the Certificate of Destruction,
- registration number of the end-of-life vehicle,
- vehicle make and
- vehicle class (i.e. category M1 or N1),
in respect of each Certificate of Destruction issued in the period to which the
report relates. In addition, grand totals should be provided for the numbers of –
- Certificates of Destruction issued,
- end-of-life vehicles for which Certificates of Destruction have issued by
vehicle make / brand, and
- end-of-life vehicles for which Certificates of Destruction have issued by
vehicle class (i.e. category M1 or N1).
5.2 The Annual Report to be submitted by the Waste Facility (David O’Riordan) to
the National Waste Collection Permit Office each year (in respect of the
preceding calendar year), and which is prepared in accordance with the Waste
Facility Permit, shall provide grand totals for the numbers of –
- Certificates of Destruction issued,
- end-of-life vehicles for which Certificates of Destruction have issued by
vehicle make / brand, and
- end-of-life vehicles for which Certificates of Destruction have issued by
vehicle class (i.e. category M1 or N1).
6. DURATION OF OPERATIONAL GUIDELINES
6.1 Without prejudice to paragraph 6.2 hereunder, the arrangements set out in this
document come into effect on 1st January 2007 and shall remain valid for the
duration of the period set out in the Waste Facility Permit number
WFP/L/2016/21B/R3 In the name of David O’Riordan.
6.2 Limerick City and County Council reserves the right to amend, revoke or
replace any or all of the aforesaid arrangements set out in paragraphs 2.1 to 6.1
inclusive as may be deemed necessary for the purposes of ensuring compliance
with all relevant provisions of the European Union (End of Life Vehicles)
Regulations 2014 and those of Directive 2000/53/EC of the European
Parliament and of the Council on end-of-life vehicles. Arrangements made after
such a decision shall supersede these existing arrangements.
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Appendix III – WFP/L/2016/21B/R3
REPORTING FORMAT FOR WASTE PERMIT (Incoming Waste)
Delivery
Date
Origin of Waste Name of collector Collection Vehicle
Registration
Was Waste
Accepted, if not
provide details of
the location where
it was directed to.
Collection
Company
Permit No.
Quantity of Waste Material (Tonnes)
16 01 04* 16 01 06
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Permit Holder Name
Permit Number
Quarter ending Year:
RETURNS REQUIRED Please tick relevant box √
Removal of Waste Oil including from Oil Interceptor Return Made- dockets enclosed Removal and Recovery of Metal Shells
(Copies of Collection dockets to be submitted OR enter a Nil Return) Nil Return=no oil removed during quarter kg
kg
Removal and recovery of batteries and waste tyres Return Made- dockets enclosed kg
(copies of collection dockets to be submitted OR enter a Nil Return Nil Return= no batteries or tyres removed kg
Removal and Recovery of Metal Shells Return Made- dockets enclosed
(copies of collection dockets to be submitted OR enter a Nil Return Tonnes
Details of any loads rejected and reasons for rejection Return Made- dockets enclosed
(Details to include Date, Collectors Details (name, Waste Collection permit number Nil Return=no loads rejected
if applicable, registration of the collection vehicle, Registration of the ELV, reason for
rejection
Monitoring results for surface water and groundwater or any other monitoring Return Made- dockets enclosed
(Bi- annual oil interceptor test results, Nil Return=no monitoring done
Annual Ground water (Hydrogeological Survey) during quarter
Any other monitoring results required under permit
Certificates of Destruction
Requirements specified in the operational guidelines issued by the Please see separate tab
Department of the Environment regarding Certificates of Destruction
Signature of person making return
ELV ATF QUARTERLY REPORT RETURN TO LOCAL AUTHORITY
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Name and address of supplier
Proof of Identity of supplier
valid passport or
current Irish driving licence or learner driver permit or
Public Services Card issued by the Department of Social Protection
Proof of address
Current utility bill addressed to supplier or
Current car or home insurance policy or
Delivery Vehicle
Name Identity Registration Number WCP Number
Materials
Date & Time Description Weight Amt Paid
Statement of Ownership
Purchase of Waste
Document issued by Governmant Department addressed to supplier at their stated address within previous three
months or
Current TaxCredit Certificate or Tax Clearance Certificate issued by the Office of the Revenue Commissioners
Signed statement by the supplier that they are the lawful owner of the material or have the consent of the lawful
owner to sell the material
Appendix V
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