The National Waste Collection Permit Office (NWCPO) administers the waste collection permitting system centrally on behalf of all local authorities in the State; the enforcement of the conditions attached to an individual Waste Collection Permit remains a matter for the relevant local authority.
Subject to some minor exceptions, Section 34 of the Waste Management Act requires all bodies involved in the collection of waste to have this activity authorised by a waste collection permit. Besides the legal obligation to be in possession of a valid permit, the holder also has to abide by its conditions.
In circumstances where an operator does not comply with the conditions of their permit the operator is liable to having their waste collection permit reviewed by the NWCPO, a process whereby an apparent breach of a waste collection permit condition is investigated. The review process allows the NWCPO to amend the permit, including removing the authorisation for non-compliant vehicles to collect household waste, to direct measures to be taken within a specified timeframe to ensure compliance, or to ultimately revoke the permit. This review process requires engagement and consultation with local authorities, as the enforcement of the conditions attached to an individual Waste Collection Permit remains a matter for the relevant local authority.
Contracts between waste management companies and customers are matters for those companies and their customers, subject to compliance with all applicable environmental and other relevant legislation, including contract and consumer legislation. The terms and conditions of consumer contracts do not fall within my remit as Minister for Communications, Climate Action and Environment. The responsibility for enforcing domestic competition and consumer protection legislation lies with the Competition and Consumer Protection Commission (CCPC).
It is my understanding that the CCPC has worked with the waste sector to try to ensure operators’ terms and conditions are transparent and do not contain any unfair terms. The CCPC also offers useful advice for householders entering new contracts available to download at www.ccpc.ie/consumers/contracts-and-services/waste-collection/.
Similarly, the CCPC has produced a guide for household waste collectors to make operators aware that the service provided is a commercial practice and, as such, is subject to a number of laws, available to download at www.ccpc.ie/business/help-for-business/guidelines-for-business/domestic-waste-collection-sector/.
