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Tyre - collection and disposal

The Waste Management (Tyres and Waste Tyres) Regulations 2007

Tyres & Waste Tyres

The Waste Management (Tyres and Waste Tyres) Regulations 2007 set out two options for economic operators to exercise their compliance. Those with obligations must either:

• Join Repak ELT, the sole compliance scheme approved under the 2007 Regulations or,

• Self-comply through registration with their local authority.

Repak ELT has replaced TRACS as the sole compliance scheme for tyres under the Waste Management (Tyres and Waste Tyres) Regulations 2007 on 1st November, 2015. 

The link to Repak ELT website is http://www.repakelt.ie/.

Background to Waste Tyres Legislation

There are approximately 3 million tyres placed on the Irish Market each year. An estimated 35,000 tonnes of waste tyres are generated in Ireland each year though data on this waste stream is deficient; hence the need to put in place a system for tracking waste tyre flows. Waste tyres are not in themselves a hazardous waste, but have the potential to cause environmental pollution if disposed of incorrectly.

The Waste Management (Tyres and Waste Tyres) Regulations 2007 are designed to promote the environmentally sound management of waste tyres. They provide a regulatory framework for comparing quantities of waste tyres arising with the quantities placed on the market and in tracking the movement of waste tyres from the time they are discarded until they are either reused or processed for recycling and/or recovery. The Regulations came into effect on 1st January 2008.

Obligations of the Regulations

The Regulations impose obligations on persons who supply tyres to the Irish market, whether as manufacturers, wholesalers, suppliers, traders, or retailers and on the collectors of waste tyres. An exemption from these obligations is available to persons who participate in a voluntary compliance scheme operated by an approved body.

Manufacturers, retreaders, remoulders and importers are required to provide details of the quantities of tyres they place on the market. Wholesalers and retailers are prohibited from transferring waste tyres to anybody except an authorized waste collector. Wholesalers and retailers are required to provide details of tyres sold and waste tyres taken back and transferred to authorized waste collectors. Those that place tyres on the Irish Market must register with their Local Authority if they have not registered with an Industry Compliance Scheme.

2. Obligations under the current Regulations.

The Waste Management (Tyres and Waste Tyres) Regulations 2007 set out two options for economic operators to exercise their compliance. Those with obligations must either:

• Join Repak ELT, the sole compliance scheme approved under the 2007 Regulations or,

Self-comply through registration with their local authority.

To self-comply an operator must, inter alia:

Submit to the local authority, a waste management plan which must include:-

The quantities by weight and by number of units of tyres that were supplied by the economic operator in the calendar year prior to the date of application and substantiated estimates of the projected average life of the tyres concerned;

The projected weight of waste tyres that will arise from tyres supplied by the economic operator in the relevant period in each of the categories specified in the First Schedule of the Regulations;

The projected quantities by weight and by number of units of waste tyres arising from tyres supplied by the economic operator that will be reused, recovered or, as appropriate, recycled in the relevant period, in each of the categories specified in the First Schedule;

The projected quantities by weight and by number of units of waste tyres arising from tyres supplied by the economic operator that will be disposed of or consigned for disposal in each of the categories specified in the First Schedule during the relevant period, and the proposed nature of the disposal operations involved.

The name, address, telephone, electronic mail address and fax number of the registered office of the economic operator where that economic operator is a company registered under the Companies Acts, or, the principal place of business of the economic operator where the economic operator is any other body corporate or unincorporated body;

The location of premises at or from which tyres are or will be supplied by the economic operator;

Submit an application to register with each local authority in whose functional area the economic operator supplies or intend to supply tyres, (this may include a number of different local authorities);

Pay the appropriate registration fees;

Submit to the local authority with the application for registration a certificate from an independent person who is qualified to be an auditor, confirming the quantities of tyres supplied by the economic operator in the preceding twelve month period, or as the case may be, if the economic operator is a new entrant to the market then the projected quantities of tyres to be supplied for the first twelve months of the economic operators activities in the functional area of the local authority concerned;

Submit to the local authority and the Environmental Protection Agency additional information as requested and as required by the Regulations.

NOTE:

This is not a legal interpretation of the Waste Management (Tyres and Waste Tyres) Regulations 2007 which is the prerogative of the Courts. A copy of the Regulations is available at http://www.irishstatutebook.ie/eli/2007/si/664/made/en/pdf.

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