Laois people may have to supply proof of waste disposal if new bye laws go ahead
Laois County Council has drafted new bye laws that could see people having to prove that they have an authorised method of waste disposal.
The new bye laws could mean that the public will have to give documentary evidence, such as receipts, statements or other proof of payment to prove they use a method of waste disposal for their household and commercial rubbish.
A draft document entitled “Waste Management (Storage, Presentation and Segregation of Household and Commercial Waste) Bye-Laws 2018” published by Laois County Council outlines the possible new bye laws that could be enforced.
It outlines that documentary evidence, such as receipts, statements or other proof of payment, demonstrating compliance with a bye-law of ‘Obligation to Participate in a Waste Collection Service’ will need to be presented to an authorised person employed by Laois County Council.
People not participating in a waste collection service will need to ensure that recyclable household waste is segregated and taken to an authorised waste facility and documentation, including receipts, is obtained and retained for a period of no less than one year.
This is to provide proof that any waste removed from the premises has been managed in a manner that conforms to these new bye-laws, to the Waste Management Act and, where such legislation is applicable to that person, to the European Union (Household Food Waste and Bio-Waste) Regulations 2015.
A separate Draft Litter Management Plan 2018 - 2020 published by Laois County Council outlines methods of enforcing litter management including "conduct spot checks regarding litter/waste disposal".
Other changes in the new draft bye laws include stricter management of ‘kerbside’ waste meaning that waste should not be left out for collection in a bin where the wheels or lid has been removed or damaged to an extent where it is not able to contain the waste without spillage.
Focus will also turn to where containers are left for collection on road sides. Other than on the day before and the designated waste collection day, containers used for the presentation of kerbside waste will have to be held within the area of the premises where the waste is produced.
The new bye-laws also state that bins should not be left out for collection earlier than 6.00 pm on the day before waste collection day and removed from any roadway, footway, footpath or any other public place no later than 8:00am on the day following waste collection.
It also enforces that household hazardous waste or waste electrical and electronic equipment should not be placed in an appropriate waste container for kerbside collection.
Further guidelines for waste management in multi-unit developments, mixed-use developments, flats or apartment blocks, combined living/working spaces or other similar complexes have also been outlined in detail. In these situations, adequate bins will need to be provided to allow correct waste disposal and documentary evidence, such as receipts, statements or other proof of payment, will also need to be kept to demonstrate the existence of correct waste management for a period of no less than two years.
Evidence may need to be presented to an authorised person within a time specified in a written request from either that person or from another authorised person employed by Laois County Council.
The new bye laws outline that waste collectors authorised by Laois County Council should not be disturbed or interrupted while doing their job.
A person found guilty of going against these bye-laws will be liable to the penalty of no more than €2,500.
A person found guilty of an offence relating to this continued contravention shall be liable to a penalty of no more than €500 per day for each day the contravention continues after that conviction.
A fixed payment notice may be issued requiring a person found to have contravened or be contravening these bye-laws to make a payment of €75. Payment of this notice shall be made within 21 days of the date of the notice in order to avoid the person subject to this notice being prosecuted for the contravention of these bye-laws.
Laois County Council has proposed these new Bye-Laws but there will be a procedure and public consultations process to follow before they are finalised and drafted in.