The Food Waste Regulations (Northern Ireland) 2015

Statutory Rules of Northern Ireland

2015 No. 14

Environmental Protection

The Food Waste Regulations (Northern Ireland) 2015

Made

22nd January 2015

Coming into operation

14th February 2015

The Department of the Environment has been designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in respect of measures relating to the prevention, reduction and elimination of pollution caused by waste and in relation to the environment.

The Department of the Environment in exercise of powers conferred on it by that section and by Article 6(6) of the Waste and Contaminated Land (Northern Ireland) Order 1997(3), and by Articles 4(1) and 4(3) of the Environment (Northern Ireland) Order 2002(4) hereby makes the following Regulations.

In accordance with Article 4(4) of the Environment (Northern Ireland) Order 2002, the Department has consulted district councils and such bodies or persons appearing to it to be representative of the interests of district councils as it considers appropriate; such bodies or persons appearing to it to be representative of the interests of industry, agriculture and business as it considers appropriate and such other bodies or persons as it considers appropriate.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Food Waste Regulations (Northern Ireland) 2015 and shall come into operation on 14th February 2015.

(2) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997

2.—(1) The Waste and Contaminated Land (Northern Ireland) Order 1997 is amended in accordance with paragraphs (2) to (5).

(2) In Article 2(2) (General interpretation), in the appropriate alphabetical order insert—

““bio-waste” means biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises and comparable waste from food processing plants;

“food waste” means controlled waste that was at any time food intended for human consumption (even if of no nutritional value) and includes biodegradable waste produced as a consequence of the processing or preparation of food, but does not include drink;

“separate collection of food waste” means that food waste is presented for collection, and collected in a manner that ensures that food waste is kept separate from other waste;”.

(3) In Article 5 (Duty of care, etc., as respects waste)—

(a) in paragraph (1), after sub-paragraph (aa) insert—

“(ab) to prevent any contravention by any other person of paragraph (2B), (2E) or (2F);”;

(b) after paragraph (2A) insert—

“(2B) It shall, from 1st April 2016, be the duty of any person who controls or manages a food business that produces controlled waste to take all such measures available as are reasonable in the circumstances to secure the separate collection of food waste produced by that food business.

(2C) The duty in paragraph (2B) does not apply to—

(a) food waste produced by a food business that produces less than 5 kilograms of food waste per week; or

(b) food waste that includes catering waste that originates from means of transport operating internationally; or

(c) food waste produced in the period beginning on 1st April 2016 and ending on 31st March 2017—

(i) by Health and Social Care trusts (as established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(6)); or

(ii) by a food business that produces 5 kilograms or more, and less than 50 kilograms of food waste per week.

(2D) The duty in paragraph (2B) is deemed to be satisfied where—

(a) the food waste produced by the food business is recovered at the premises of the food business, and “recovery” in this paragraph has the same meaning as in the Waste Management Licensing Regulations (Northern Ireland) 2003(7); or

(b) the food waste is mixed with other bio-waste to the extent that the resultant mixed waste is presented for collection in a manner that ensures that the amount of food waste collected is not substantially less than would be the case were the wastes not mixed.

(2E) It shall, from 1st April 2015, be the duty of any person who transports controlled waste to collect and transport separately from other waste any waste presented for collection—

(a) in accordance with paragraph (2B);

(b) in a receptacle provided in accordance with Article 20A(3).

(2F) It shall, from 1st April 2017, be the duty of any person who produces food waste (other than an occupier of a domestic property as respects the household waste produced on that property) to ensure that food waste is not deposited in a lateral drain or public sewer, or in a drain or sewer that connects to a lateral drain or public sewer.”;

(c) in paragraph (7), for “the duty imposed by paragraph (1)” substitute “a duty imposed by paragraphs (1), (2B), (2E) or (2F)”;

(d) in paragraph (8)—

(i) after “fails” insert “without reasonable excuse”; and

(ii) for “paragraph (1) or paragraph (2A)” substitute “paragraphs (1), (2A), (2B), (2E) or (2F)”;

(e) in paragraph (9), for “the duty imposed on them by paragraph (1)” substitute “a duty imposed on them by paragraphs (1), (2B), (2E) or (2F)”;

(f) after paragraph (13), insert—

“(14) In this Article—

“business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a district council;

“catering waste” means all waste food, including used cooking oil, originating in restaurants, catering facilities and kitchens, including central kitchens and household kitchens;

“drain”, “lateral drain”, “public sewer” and “sewer” have the same meanings as in Article 2 of the Water and Sewerage Services (Northern Ireland) Order 2006(8);

“food business” means an undertaking, whether carried on for profit or not, and whether public or private, carrying out any activity related to the processing, distribution, preparation or sale of food.”.

(4) In Article 20 (Collection of controlled waste)—

(a) in paragraph (1)—

(i) at the end of sub-paragraph (a), omit “and”; and

(ii) at the end of sub-paragraph (b), omit “.” and insert—

“; and

(c) if requested by the occupier of premises in its district to collect any food waste from the premises presented for collection in accordance with Article 5(2B), to arrange for the collection of the food waste.”;

(b) after paragraph (1), insert—

“(1A) In sub-paragraph (1)(c), the reference to “food waste” does not include waste from an occupier of a domestic property as respects the household waste produced on the property.”.

(5) After Article 20 (Collection of controlled waste) insert—

“Separate collection of food waste

20A.— (1) This Article applies when a district council is making an arrangement in accordance with Article 20(1)(a).

(2) A district council shall, from 1st April 2015, take such steps as the council considers reasonable to promote separate collection of food waste (including the making of arrangements for the provision of a receptacle which enables the separate collection of food waste from every domestic property in its area).

(3) A district council shall, from 1st April 2017, arrange for there to be provided to the occupier of every domestic property in its area—

(a) a receptacle which enables the separate collection of food waste from the property; or

(b) where a district council is satisfied that the amount of food waste that will be collected is not substantially less than would be collected in a receptacle provided under paragraph (a), a receptacle which enables the occupier to present food waste and other bio-waste for separate collection.

(4) In this Article—

“domestic property” means a building or self-contained part of a building which is used wholly for the purposes of living accommodation;

“receptacle” has the same meaning as in Article 21(10).”.

Amendment of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013

3.—(1) The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013(9) are amended as follows.

(2) In regulation 2(1) (Interpretation: general), in the appropriate alphabetical order insert—

““controlled waste” has the same meaning as in the Waste and Contaminated Land (Northern Ireland) Order 1997;

“food waste” means controlled waste that was at any time food intended for human consumption (even if of no nutritional value), and includes biodegradable waste produced as a consequence of the processing or preparation of food, but does not include drink;

“separately collected food waste” means food waste which is presented for collection, and collected in a manner that ensures that food waste is kept separate from other waste;”.

(3) In regulation 13 (Conditions of permits: specific conditions for Part A installations and Part A mobile plant), after paragraph (10) insert—

“(11) A permit granted or varied on or after 1st April 2015 for an activity described in Chapter 5 of Part 1 of Schedule 1, or in Section 6.8 of Chapter 6 of that Part, shall contain any conditions as appear to the chief inspector to be appropriate to ensure that no separately collected food waste is mixed with any other waste or any material, to the extent that mixing would hamper future recycling.

(12) A permit granted or varied before 1st April 2015 for an activity described in Chapter 5 of Part 1 of Schedule 1, or in Section 6.8 of Chapter 6 of that Part, and which continues in existence after that date, shall be deemed to contain the condition that no separately collected food waste is mixed with any other waste or any material, to the extent that mixing would hamper future recycling.”.

Amendment of the Landfill Regulations (Northern Ireland) 2003

4.—(1) The Landfill Regulations (Northern Ireland) 2003(10) are amended as follows.

(2) In regulation 9 (Prohibition of acceptance of certain wastes at landfills)—

(a) in sub-paragraph (1)(g) for “criteria; and” substitute “criteria;”;

(b) in sub-paragraph (1)(h) for “recycling).” substitute “recycling); and”;

(c) after sub-paragraph (1)(h) insert—

“(i) as from 1st April 2015, waste which has been collected and transported in accordance with Article 5(2E) of the 1997 Order.”.

Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003

5.—(1) The Waste Management Licensing Regulations (Northern Ireland) 2003 are amended as follows.

(2) After regulation 11C (Conditions of waste management licences: calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators), insert—

“Conditions of waste management licences: separately collected food waste

11D.— (1) The Department shall ensure that any waste management licence granted or varied on or after 1st April 2015 authorising the storage or treatment (or both) of food waste contains such conditions as it considers necessary to ensure that no waste collected and transported in accordance with Article 5(2E) of the 1997 Order is mixed with any other waste or any material, to the extent that mixing would hamper future recycling.

(2) Any waste management licence granted before 1st April 2015 authorising the storage or treatment (or both) of food waste and which continues in existence after that date shall be deemed to contain a condition requiring the operator to ensure that food waste collected and transported in accordance with Article 5(2E) of the 1997 Order is not mixed with any other waste or any material, to the extent that mixing would hamper future recycling.”.

(3) After regulation 20 (Refusal, revocation and cessation of registration), insert—

“Food waste exemptions from waste management licensing

20A.— (1) An establishment or undertaking carrying out an exempt activity in respect of food waste, under paragraphs 13 or 40 of Part 1 of Schedule 2 (Activities exempt from waste management licensing), may continue to carry out that activity at that place in accordance with these Regulations, as they were in operation immediately before 1 April 2015 until the determination date.

(2) “Determination date” in this regulation means where in accordance with regulation 18, notice is given by an establishment or undertaking in relation to an exempt activity in respect of food waste under paragraphs 13 or 40 of Part 1 of Schedule 2 (Activities exempt from waste management licensing), the date on which the Department enters the relevant particulars in the register or, if it refuses to do so, the date it notifies the establishment or undertaking of its decision.”.

(4) In Schedule 2 Part 1 (Activities exempt from waste management licensing)—

(a) in paragraph 13—

(i) in sub-paragraph (1)(a), after “composting” insert “of food waste at the premises of a food business and”

(ii) after sub-paragraph (4) insert—

“(5) For the purposes of this paragraph—

“business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a district council;

“food business” means an undertaking, whether for profit or not, and whether public or private, carrying out any activity related to the processing, distribution, preparation or sale of food.”.

(b) in paragraph 40—

(i) at the end of sub-paragraph (1)(b), omit “and”; and

(ii) at the end of sub-paragraph (1)(c), omit “.” and insert—

“; and

(d) the person storing the waste ensures that no waste collected and transported in accordance with Article 5(2E) of the 1997 Order is mixed with any other waste or any material, to the extent that mixing would hamper future recycling.”.

Sealed with the Official Seal of the Department of the Environment on 22nd January 2015.

Wesley Shannon

A senior officer of the Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the collection, transport and treatment of food waste, and for related matters.

They are in pursuance of Articles 11(1) (re-use and recycling) and 22 (bio-waste), and in accordance with Articles 4 (waste heirarchy) and 13 (protection of human health and the environment) of Directive 2008/98/EC on waste (OJ L 312, 22.11.2008, p.3).

These Regulations amend the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)) to provide for the separate collection of food waste. They place a duty on food businesses producing in excess of 5kg of food waste per week to present food waste for separate collection and place a duty on businesses to ensure food waste is not deposited in a lateral drain or sewer.

These regulations require district councils to provide receptacles for the separate collection of food waste from households.

These regulations place a duty on those who transport food waste to collect and transport such waste separately from other waste.

These Regulations amend the Pollution, Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 (S.R.2013 No.160) and the Waste Management Licensing Regulations (Northern Ireland) 2003 (S.R.2003 No.493) to ensure that separately collected food waste is not mixed with other waste to the extent that would hamper future recycling.

These Regulations amend the Landfill Regulations (Northern Ireland) 2003 (S.R.2003 No.496) with the effect that the operator of a landfill shall not accept separately collected food waste.

(1)

S.I.1992/2870 and S.I.2008/301

(2)

1972 c.68

(3)

S.I. 1997/2778 (N.I. 19) as relevantly amended by S.R. 2003 No. 46, S.R. 2004 No. 277, S.R. 2006 No. 280, S.I. 2006/3336 (N.I.21), S.I. 2007/611 (N.I. 3) and S.R. 2011 No. 127

(4)

S.I.2002/3153 (N.I. 7) to which there are amendments not relevant to these Regulations

(5)

1954 c.33 (N.I.)

(6)

S.I. 1991/194 (N.I. 1) as relevantly amended by 2009 c.1 (N.I.)

(7)

S.R. 2003 No.493 as relevantly amended by S.R.2006/519, S.R.2009/159, S.R.2011 No.127 and S.R. 2014 No. 253

(8)

2006/3336 (N.I.12)

(9)

S.R. 2013 No.160 to which there are amendments not relevant to these Regulations

(10)

S.R. 2003 No.496 as relevantly amended by S.R.2004 No.297 and S.R.2009 No.159