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Regulation 3 – 1 year exemption for small producers

Q.1 Is there a lower limit on the amount of food waste that has to be produced before a facility has to make provision for source segregation and treatment? e.g. if the amount of waste produced is less than 10kgs per week, will it come under the scope of this legislation in 2011.

Answer:In accordance with the provisions of Regulation 3 (2), an exception to the Regulations is available upon prior notification to the local authority, until 1 July 2011 for those premises (within the meaning of Schedule 1) which produce less than 50kg of food waste per week.
From 1 July 2011 all scheduled premises will be required to segregate food waste for appropriate management in accordance with the provisions of the Food Waste Regulations.

Enforcement efforts should, in any event, be focussed on the major producers and the Clean Technology Centre in Cork Institute of Technology has produced some useful information which will be of assistance to local authorities in focussing enforcement initially-see answer on pages 35 and 36 of this document in the section titled “Miscellaneous”.

Concerning the date of 1 July 2010, it has been represented to the Department that not all producers will be aware of their responsibilities due to a lack of awareness generally of the Regulations and that they will not be in a position to submit their declaration prior to 1 July 2010. The Department accepts this point and advises local authorities that they may exercise discretion on the date ( in effect disregard it) but should, nonetheless, request such a written declaration from any person wishing to avail of the derogation for the purposes of enforcement of the Regulations.

Q.2 Is a local authority entitled to refuse a derogation in circumstances there is a three bin system in the area.

Answer: Regulation 3(2) provides that the derogation for premises generating less than 50 kg of food waste per week is available upon prior notification to the local authority, unless the premises is otherwise obligated through
? the objectives of a Waste Management Plan, or
? the conditions of a Waste Collection Permit or a Waste Presentation Bye-law.