Receptacles for commercial or industrial wasteN.I.
22.—(1) A district council may, at the request of any person, supply him with receptacles for commercial or industrial waste which he has requested the council to arrange to collect and shall make a reasonable charge for any receptacle supplied unless in the case of a receptacle for commercial waste the council considers it appropriate not to make a charge.
(2) If it appears to a district council that there is likely to be situated, on any premises in its district, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality, the council may, by notice served on him, require the occupier of the premises to provide at the premises receptacles for the storage of such waste of a kind and number specified.
(3) The kind and number of the receptacles required under paragraph (2) to be used shall be such only as are reasonable.
(4) In making requirements as respects receptacles under paragraph (2), the council may, by the notice under that paragraph, make provision with respect to—
(a)the size, construction and maintenance of the receptacles;
(b)the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;
(c)the placing of the receptacles for that purpose on roads;
(d)the substances or articles which may or may not be put into the receptacles and the precautions to be taken where particular substances or articles are put into them; and
(e)the steps to be taken by occupiers of premises to facilitate the collection of waste from the receptacles.
(5) No requirement shall be made under paragraph (2) for receptacles to be placed on a road unless—
(a)the Department has given its consent to their being so placed; and
(b)arrangements have been made as to the liability for any damage arising out of their being so placed.
(6) A person who fails, without reasonable excuse, to comply with any requirements imposed under paragraph (2) or (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) Where an occupier is required under paragraph (2) to provide any receptacles he may, within the period allowed by paragraph (8), appeal to a court of summary jurisdiction against any requirement imposed under paragraph (2) or (4) on the ground that—
(a)the requirement is unreasonable; or
(b)the waste is not likely to cause a nuisance or be detrimental to the amenities of the locality.
(8) The period allowed to the occupier of premises for appealing against such a requirement is the period of 21 days from the day on which the notice making the requirement was served on him.
(9) Where an appeal against a requirement is brought under paragraph (7)—
(a)the requirement shall be of no effect pending the determination of the appeal;
(b)the court shall either quash or modify the requirement or dismiss the appeal; and
(c)no question as to whether the requirement is, in any respect, unreasonable shall be entertained in any proceedings for an offence under paragraph (6).
(10) In this Article—
“receptacle” includes a holder for receptacles; and
“specified” means specified in a notice under paragraph (2).