Miscellaneous

Q.1 Is there a provision for financial remuneration in respect of site inspections and administration costs?.

Answer: There is no specific provision within the Food Waste Regulations for financial reimbursement in respect of site inspections and administrative costs.

However, when conditions, in accordance with the provisions of Regulation 15 and Regulation 16, are imposed on waste collection permits and waste facility authorisations regarding the implementation of the requirements of the Food Waste Regulations, then the relevant provisions of the Permit Regulations will apply. Accordingly, necessary and reasonable costs incurred by the local authority for the purpose of ensuring compliance by the holder of a waste authorization may be recouped in accordance with the provisions of

• Article 14 of the Waste Management (Collection Permit) Regulations, and
• Article 44 of the Waste Management (Facility Permit and Registration) Regulations

In addition, local authorities should note the terms of Circular WP 12.10 of 19 April 2010, under which costs associated with staff deployment for enforcement related activities (in effect travel/subsistence costs) will receive additional funding this year from the Department, through an additional grant contribution based on certified returns.

Q.2 Is it possible to provide a “Ready Reckoner” as used in relation to packaging regulations to define threshold for specific sectors would be useful e.g. No. of rooms is equivalent to x kg of Biowaste per week?

Answer: The Environmental Protection Agency has carried out some research studies into the characterisation of commercial waste. These include the 2002 Commercial Waste Characterisation Study, the 2005 Municipal Waste Characterisation Survey, the 2008 Municipal Waste Characterisation Survey and studies carried out in the course of the Environmental Protection Agency Local Authority Prevention Demonstration Programme. These studies are available at www.epa.ie

In the 2008 Municipal Waste Characterisation Survey, sector specific factors were developed that could be used to estimate the amount of waste generated by an individual “unit” within each of the major commercial sectors. Employee numbers were used as the “unit” in some sectors, while other different unitary factors were considered more appropriate in some other sectors to provide an estimate of overall waste generation levels (e.g. student numbers in educational institutions, patient nights in hospitals etc.)

There will be a very wide range of practical factors that will strongly influence the amount of food waste that will be generated and amounts can fluctuate significantly. For example -

• A hotel with large conferencing facilities will not generate food waste simply in proportion to the bednights;
• A ‘holiday’ hotel, a conferencing hotel and a city or town hotel (with many lunches) all have very different characteristics; and
• Acute and non-acute hospitals are different.

Corresponding differences exist in food waste generation trends across each commercial sector.

Caution therefore needs to be exercised when attempting to apply such simplified factors to individual situations within a commercial sector to provide an indication of the quantities of food waste likely to be generated per week.

Based on national statistics on the number of units within each commercial sector, a typical “unitary factor” was developed in the Environmental Protection Agency Surveys for the amount of waste generated in these sectors. This unitary factor can be further segmented, based on the composition of the waste within each individual commercial sector (as set out in the 2008 Programme of Municipal Waste Characterisation Study) to provide an estimate of the typical organic waste arisings per “unit” for the main commercial sectors:

• Hotels: 20.4 kg/ bednight sold per week
• Food Retailers (Small): 12.9 kg/ employee per week
• Food Retailers (Large): 9.8 kg/ employee per week
• Filling Stations (with deli): 9.9 kg/ employee per week
• Restaurants (incl fast food): 15.6 kg/ employee per week
• Hospitals (acute): 6.4 kg/ bed patient per week
• Hospitals (non-acute): 3.2 kg/ bed patient per week
• Canteens: 1.1 kg/ employee per week
• Offices (without canteens): 0.1 kg/ employee per week
• General Retailers: 1.0 kg/ employee per week

It is important to re-iterate that while these are typical values, the details for individual premises will vary dependent upon the particular circumstances that apply in each situation.

Q.3 Number of bins required for sample business types i.e. large supermarket, corner store, butcher shop. Guidance required on how many bins does each sector require.

Answer: The capacity of receptacles to be provided would be dependent upon the quantity of food waste to be presented for collection. At the Workshop on the Food Waste Regulations held on 14 April 2010 in the Heritage Hotel, an experienced biowaste collector advised that a 140 litre capacity wheeled bin would accommodate some 85 kg of food waste. This corresponds to a density of some 600 kg per cubic metre and this factor could be used to calculate the likely capacity of receptacles to be provided for an anticipated weight of food waste generation between collections.

Q.4 Regarding the status of food waste returned to the supplier
a) Does food waste returned to the supplier fall under the Food Waste Regulations and is it an acceptable practice or require authorisation under animal by-products and waste legislation?
b) Does a company offering this take back service require a waste collection permit?

Answer:
(a) Food waste falls under the scope of the Food Waste Regulations. Proposals to return food waste containing animal by-products to the supplier would need to obtain prior approval from DAFF, who would need to be fully satisfied that arrangements fulfilled animal by-products requirements in all respects and eliminated the potential for cross-contamination of fresh food. Dependent upon the particulars of the case in question, it may also be required to obtain authorisation for the supplier premises to which returns are made as

• an Intermediate Plant under EU Animal By-Products Regulation (European Commission) No. 1774/2002, and/or
• a Waste Facility under the Waste Management (Waste Facility Permit and Registration) Regulations.

(b) In cases where food waste is being returned to the supplier in full compliance with animal by-products legislation and with the prior approval of DAFF to an authorised facility, a waste collection permit is required unless otherwise exempted from this requirement in accordance with an exception under:

• Article 30 of the Waste Management (Collection Permit) Regulations, or
• Regulation 7(2) of the Food Waste Regulations.

Q.5 Could clarification be provided in relation to:
(a) any planned national campaign and the proposed timelines for such a programme?.
(b) The responsibility of local authorities in relation to awareness?
(c) The responsibility for raising awareness of these Regulations with stakeholders?

Answer: Circular letter WP 18.10 of 23 June 2010 details the response in this regard.

Q.6 What is the basis upon which waste bye-laws should specify requirements for the levels of waste presentation and collection that must be provided?

Answer: As outlined in Section 11.2 of the National Strategy on Biodegradable Waste, bye-laws governing waste presentation are adopted locally and primarily support the implementation of separate collection systems as proposed under the Waste Management Plan of the particular region. Bye-laws should place an obligation on the waste producer (householder or business) to comply with the local collection system as implemented through Waste Collection Permits and / or implemented by local authority waste collection services. Bye-Laws should be used, inter alia, to make provision for:
• What recyclable materials have to be separated;
• Details of what container type / colour is acceptable; and
• Timetable / frequency for presentation of the material.

Q. 7 Do you need a waste discharge licence if you are washing bins that contained food waste?

Answer: There is no specific restriction within the Food Waste Regulations regarding the washing of bins that are used for the presentation of food waste.

However, waste water from any washing of bins must be treated in accordance with the relevant national and EU legislation. For example under the Water Pollution Act 1977, as amended, there is a general prohibition on entry of polluting matter to waters

Q. 8 How do the Food Waste Regulations affect the bye-laws?

Answer: Bye-laws governing waste presentation are adopted locally and are designed to support the implementation of separate collection systems as proposed under the Waste Management Plan of the particular region.
The Food Waste Regulations introduce legal obligations on obligated premises to source segregate food waste and specify that the producers makes appropriate arrangements to have it treated in an authorized treatment facility. The Regulations allow that Waste Presentation Bye-laws may apply more onerous conditions for waste presentation and collection practices.

Q.9 Is there a de-minimus level below which a Certificate of Registration (COR) is not required, particularly in respect of small-scale on-site composting operations?

Answer: There is no de-minimus provision in national or EU legislation for establishments or undertakings carrying out waste-related activities.

Regulation 7(1)(b)(ii) provides that source segregated food waste may be subjected to an authorized treatment process on the premises where the food waste is generated.

Such facilities will require an appropriate waste authorization:

• Where the annual treatment capacity does not exceed 50 tonnes per annum and the amount of material on site at any time does not exceed 20 tonnes, they will need a Certificate of Registration from the local authority.
• Larger facilities will require a Waste Facility Permit or Waste Licence as appropriate.

In addition, the facility must satisfy the requirements of animal by-products legislation as applied by the Department of Agriculture, Fisheries and Food. In general, where catering waste is subjected to small-scale composting on the premises where it originates, the premises does not need ABP approval in circumstances where the resulting material is applied only to land at those premises in situations where pigs, ruminants and poultry do not have access in accordance with the provisions of the Diseases of Animals Act, 1966 (Prohibition on the Use of Swill) Order, 2001 (S.I. No. 597 of 2001).

It should also be noted that the Diseases of Animals Act 1966 (Prohibition on the Use of Swill) (Amendment) Order 2009 (S.I. No. 12 of 2009) provides that these particular restrictions do not automatically apply to a composting plant that operates in accordance with a formal animal by-products’ approval granted by DAFF for the purposes of Article 15 of Regulation (EC) No. 1774/2002 (subject to the specific conditions that may attach to a DAFF approval).
The legal requirements for animal by-product should always be confirmed with the Department of Agriculture, Fisheries and Food. The issue of small-scale Plants operated on the grounds of premises is currently under review by DAFF and the DAFF “Frequently Asked Questions” on Animal By-products should also be consulted at

http://www.agriculture.gov.ie/agri-foodindustry/animalbyproducts/frequentlyaskedquestionsfaqs/

Q.10 Will the solids extracted following the subjection of food waste to masceration, dewatering or enzyme systems still be considered food waste and not be allowed to be disposed of to landfill?

Answer: Yes – the solid food waste remaining after the application of these systems is subject to the requirements of the Food Waste Regulations regarding treatment in an authorized treatment facility.

Q.11 Are pre-cooked out-of-date meat products from a distribution warehouse covered by the Food Waste Regulations?

Answer: The Food Waste Regulations are directed primarily at premises from which food is supplied to consumers. A stand alone “distribution warehouse” that is outside of the curtilage of the premises where food is supplied to consumers would not be included within the scope of the Regulations. However, it would not be anticipated that large quantities of food would become “out of date” in a “distribution warehouse” without ever being dispatched to a retail or employment premises – once dispatched to an obligated producer’s premises from the “distribution warehouse”, the food waste generated on those premises falls within the scope of the Regulations.

Q.12 Can these former foodstuffs still go to landfill? (Assuming they are pre-cooked and fully packaged, i.e. collected in a residual bin)

Answer: The Animal By-products Regulation (EC) No. 1774/2002 would preclude the consignment of “former foodstuff” containing raw meats to landfill. Former foodstuffs consisting of cooked meats can be disposed of to landfill provided it is not contaminated with raw meats. This must be done in accordance with environmental legislation.

The particular status of specific products should always be confirmed with the Department of Agriculture, Fisheries and Food (DAFF) and the DAFF “Frequently Asked Questions” on Animal By-products should also be consulted at

http://www.agriculture.gov.ie/agri-foodindustry/animalbyproducts/frequentlyaskedquestionsfaqs/

Q. 13. Is it necessary for a national public service body (e.g. hospitals), with a number of premises that wishes to transport the food waste for treatment from all premises, to hold a waste collection permit?

Answer: In order to collect and transport such food waste, the producer must hold an appropriate waste collection permit unless otherwise exempted from this requirement in accordance with an exception under:

• Article 30 of the Waste Management (Collection Permit) Regulations, or
• Regulation 7(2) of the Food Waste Regulations.

Q.14. Can waste producers give the food waste to transfer stations, which subsequently send the food waste to an authorised treatment plant?

Answer: Yes- it is acceptable for an authorized waste collector to deliver the food waste to an appropriately authorised transfer station, provided that the producer holds an appropriate waste collection permit unless otherwise exempted from this requirement in accordance with an exception under:

• Article 30 of the Waste Management (Collection Permit) Regulations, or
• Regulation 7(2) of the Food Waste Regulations.

Q.15 Can an authorised treatment plant mix source segregated food waste collected under these regulations with mixed organic residual waste into one batch?

Answer: There is a prohibition on the mixing of source segregated food waste with other wastes/substances under Regulation 8 and any person that is not in compliance with these provisions is committing an offence under Regulation 13.

Q.16. Should local authorities provide a separate area for food waste at their civic amenity centres?

Answer: In circumstances where the local authorities decide to provide this service and hold the appropriate authorisation to accept food waste at these facilities, it is recommended that convenient arrangements are provided to facilitate producers who choose to bring food waste to the Civic Amenity Centre.