Regulation 9 – Disposal of Food Waste

Q.1. What is the position in relation to food waste (non-raw meat/fish) being donated to animal shelters or kennels, or staff in commercial premises taking plate scrapings home to feed household pets?

What Guidance can be provided regarding the collection of food by dog owners from restaurants etc. in relation to the requirements for a waste collection permit or special permit?

Can a waste producer give the food waste to dogs, i.e. a greyhound breeder?.

Answer: Use of waste food for feeding purposes would be an acceptable “authorised treatment process” only in circumstances where the activity is undertaken in strict accordance with animal by-products legislation and is carried out to the entire satisfaction of DAFF.

The legal requirements for animal by-products should always be confirmed with the Department of Agriculture, Fisheries and Food. The DAFF “Frequently Asked Questions” on Animal By-products should also be consulted at

http://www.agriculture.gov.ie/agrifoodindustry/animalbyproducts/frequentlyaskedquestionsfaqs/

DAFF is preparing further detailed advice on the implementation of these aspects of the Animal By-product legislation.

Q. 2. The Food Waste Regulations require waste collectors to inform Local Authorities of persons or organisation that refuse to avail of a source segregation waste collection service. What clarification can be provided in relation to the limit of responsibility in sharing customer information and data with any such Local Authority request in the context of Data Protection legislation and the manner by which an authorised collector is expected to know whether a customer is availing of a source segregated brown bin collection service, as such service may be provided by another company under separate contract.

Answer: The Department will give further consideration to the above point , which refers to the provisions of Regulation 9(4) of the Food Waste Regulations in the context of Data Protection and Competition legislation and also in the context of other service providers and the administrative burden on waste collectors. Further Guidance on this provision will be issued before the end of 2010.

Q. 3. If there are a number of food producing units on one site (e.g. a university or a small retail park) can they compost communally?

Answer: Formal animal by-product approval is currently not required for a small-scale composting plant situated on the grounds of a premises under conditions where

• The input material is generated on the premises where the plant is situated; and
• the output material from the composting process 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 the management of animal by-products 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.4. Can a facility that currently operates a maceration system, has a Trade Effluent Discharge Licence, and is in compliance with the licence, continue to use this system in circumstances where
(a) there is a separate food waste collection available?, or
(b) there is a not separate food waste collection available?

Answer: The Food Waste Regulations contain two separate obligations that are relevant to this situation:

• Regulation 7 requires that obligated producers source segregate food waste arising on their premises and make appropriate arrangements for it to be submitted to an authorized treatment process, and
• Regulation 9 further requires that an obligated producer of food waste shall not use purpose built mechanical devices to shred or hydrate or otherwise alter the structure of food waste for the purposes of facilitating its discharge to the sewerage system.

Accordingly, Regulation 7 imposes a clear duty on obligated producers to introduce a system of source segregation of food waste irrespective of whether a separate collection service currently exists or not.

Furthermore, Regulation 9 prohibits the use by obligated food waste producers of purpose built mechanical devices to hydrate or alter the structure of food waste for the purposes of flushing solid food waste into the sewerage system irrespective of whether the premises has a Trade Effluent Discharge Licence.

Q.5. In circumstances where a separate collection service is not available for food waste, can an obligated premises that currently does not have maceration install a maceration system, and apply for a Trade Effluent Discharge Licence?.

Answer: No – Regulation 7 requires that obligated producers introduce source segregation arrangements for food waste arising on their premises, while Regulation 9 prohibits the use by obligated food waste producers of purpose built mechanical devices to hydrate or alter the structure of food waste for the purposes of flushing solid food waste into the sewerage system irrespective of whether the premises has a Trade Effluent Discharge Licence.

Q.6. In situation where catering facilities already have food waste maceration systems and on-site waste water treatment systems in place who are meeting the requirements of their Trade Effluent Discharge Licence. Will-
(a) such obligated premises be required to discontinue use of these treatment systems?, and
(b) obligated premises now be precluded from installing such systems in the future?

Answer: Regulation 7 requires that obligated producers introduce source segregation arrangements for food waste arising on their premises, while Regulation 9 prohibits the use by obligated food waste producers of purpose built mechanical devices to hydrate or alter the structure of food waste for the purposes of flushing solid food waste into the sewerage system.

In circumstances where an on-site Waste Water Treatment Plant is provided in tandem with a macerator on an obligated premises and the effluent is then discharged to the sewerage system under the terms of a Trade Effluent Discharge Licence, the use of a macerator would be acceptable where the following controls apply:

• The effluent is discharged to the sewerage system in accordance with any control arrangements that may be stipulated in a Discharge Licence (e.g. filtration system, grease trap etc.),
• The volume of effluent being discharged to the sewerage system in kept below maximum flow rates that may be prescribed in a discharge licence,
• The concentrations within the effluent being discharged to the sewerage system are below the emission limit values specified for the various parameters (e.g. BOD, COD, Suspended Solids, FOGs etc.) within a Discharge Licence, and
• The sludge generated in the on-site Waste Water Treatment Plant is managed in accordance with the provisions of a Discharge Licence.

Q.7. In situations where catering facilities already have food waste dewatering systems in place which are meeting the requirements of their Trade Effluent Discharge Licence will-
(a) such premises be required to discontinue these treatment systems, and
(b) obligated premises now be precluded from installing such devices in the future?.

Answer: Regulation 7 requires that obligated producers introduce source segregation arrangements for food waste arising on their premises, while Regulation 9 prohibits the use by obligated food waste producers of purpose built mechanical devices to hydrate or alter the structure of food waste for the purposes of flushing solid food waste into the sewerage system.

In accordance with the guidance provided in Department Circular L8/03 , it is appropriate that effluent from restaurants and other food preparation outlets liable to give rise to an additional loading or increased risk of blockage would be the subject of trade effluent discharge licensing. In this context, it is clear that a premises involved in the preparation of food to such an extent that it deploys a food waste dewatering unit would be subject to trade effluent discharge licensing.

Accordingly, the use of a dewatering device would be acceptable in a situation where:

• The device is designed and used solely for the purposes of reducing the moisture content of the food waste,
• The excess moisture extracted from the food waste is discharged as effluent to the sewerage system in accordance with any control arrangements that may be stipulated in a discharge licence (e.g. filtration system, grease trap etc.),
• The volume of effluent being discharged to the sewerage system in kept below maximum flow rates that may be prescribed in a discharge licence,
• The concentrations within the effluent being discharged to the sewerage system are below the emission limit values specified for the various parameters (e.g. BOD, COD, Suspended Solids, FOGs etc.) within a discharge licence, and
• The solid food waste remaining following reduction of the moisture content is managed in accordance with the provisions of the Food Waste Regulations.

Q.8. Can businesses use food waste dryers that thermally dry the food waste?
Answer: The use of a Thermal drying device would be acceptable in a situation where:

• The device is designed and used solely for the purposes of reducing the moisture content of the food waste,
• The excess moisture extracted from the food waste is discharged to the sewerage system in accordance with any control arrangements that may be stipulated in a discharge licence (e.g. filtration system, grease trap etc.),
• The volume of effluent being discharged to the sewerage system in kept below the maximum flow rates that may be prescribed in a discharge licence,
• The concentrations within the effluent being discharged to the sewerage system are below the emission limit values specified for the various parameters (e.g. BOD, COD, Suspended Solids, FOGs etc.) within a discharge licence,
• The solid food waste remaining following reduction of the moisture content is managed in accordance with the provisions of the Food Waste Regulations.

Q.9. What responsibilities exist for an obligated producer if there is no collection service available?

Answer: If there is no segregated collection service currently available to an obligated food waste producer, the Regulations impose a duty on the producer to engage a segregated collection service, unless other appropriate and satisfactory arrangements can be made in accordance with the alternative options allowed under Regulation 7(1)(b)(ii) and 7(1)(b)(iii).

Q.10. Will hotels, which have an authorised treatment process, be required to engage a segregated food waste collection service?

Answer:The use of a segregated waste collection service is not the only alternative for an obligated producer that has introduced source segregation arrangements for food waste on the premises where it was generated. 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.11. Do collections have to be weekly?

Answer: Not necessarily. However, Regulation 7(5) imposes a duty on producers of food waste to take all reasonable steps to minimize the creation of nuisance and odours in discharging their obligations arising from the Food Waste Regulations.

Accordingly, the source segregated collections must be of sufficient frequency to minimize the creation of nuisance/ odours and at least as frequent as the minimum level of service prescribed by the service provider and/or local authority.