Dublin Local Authorities Waste Management Forum

Transcription

1 Dublin Local Authorities Waste Management Forum Waste Management regulation and future planning Michael Layde

2 Policy context Waste management traditionally a low priority reflective of attitude to the environment generally 1970s emerging EU environment acquis - policy premised on efficient resource use and reducing negative environmental impacts the Waste Framework Directive (1975) 1990s finally reflected nationally - policy in Ireland as in EU based on integrated waste management the first Waste Management Act (1996)

3 Waste hierarchy

4 Policy evolution Policy Changing Our Ways (1998) Delivering Change (2002) Taking Stock (2004) National Strategy on Biodegradable Waste (2006) Programme for Government (2007) Legislation Waste Management Acts 1996 to 2005 and associated regulations Implementation DEHLG oversight LA regional waste management plans a statutory responsibility

5 Current status of the waste management sector c.40% of MSW collected by LAs c.60% of MSW collected by private operators Holders own the waste under Irish law LAs obliged to ensure facilities available for collection/ recovery/disposal of household waste LAs may provide facilities for collection/recovery/disposal of commercial waste

6 Positive trends Overall recycling rates: 1998 = 9%; 2003 = 34% Ireland well placed to reach overall national target of 35% set for 2013 Household waste diversion from landfill 13% in 2003, 19% in 2004 a challenging target of 50% for 2013 Packaging waste recycling: 1998 = 15% 2003 = 56% 2005 target of 50% bettered in 2004

7 Positive trends - recycling National Market Development Programme Economic opportunities at present most recyclables go abroad Close NI/RoI co-operation e.g. all-island paper mill study Market Development Group launched in 2004 Producer Responsibility Initiatives (PRI s) - packaging waste very successful WEEE and ELV commenced - others may follow > e.g. tyres, newsprint

8 Waste prevention National Waste Prevention Programme launched in 2004 Close NI/RoI co-operation; DoENI represented on National Waste Prevention Committee Led by Core Prevention Team within the EPA

9 Environmental awareness Improving awareness and behaviour Race Against Waste campaign Reduce Reuse Recycle firmly established message Factsheets on thermal treatment, landfill, integrated waste management New initiatives in preparation, including in respect of climate change

10 Infrastructure provision Local authorities have reviewed their Regional Plans taking account of the growth of the waste industry Recycling projects > DEHLG co-funding - some 90m from the Environment Fund since 2002, including significant scale mechanical and biological treatment facilities Major projects > reliant on private or PPP delivery DEHLG role to facilitate

11 Programme for Government 2007 Commits to matching best EU performance for recycling with an ultimate objective of reducing to 10% the volume of waste going to landfill Seeks to avoid LA exposure to financial risk as a result of contractual arrangements with the private sector and that incineration not have a competitive advantage as a consequence of the landfill levy Minister has indicated that he is considering a S.60 policy direction in this regard now the subject of a RIA and legal assessment

12 Programme for Government 2007 Stresses Government commitment to the waste management hierarchy with primary emphasis on reduction reuse and recycling A key priority is meeting EU Landfill Directive diversion targets with a particular emphasis on MBT as one of range of technologies to facilitate this (EPA study now nearing finality) Provides for an international review of waste management plans, practices and procedures

13 The review This review will be one of the most comprehensive pieces of research ever on waste in Ireland. Minister Gormley Terms of reference now advised to Government (to subsume the review of the regulation of the sector) Steering committee being established, consultative group to follow Procurement of consultants to commence shortly

14 The review - ToR To evaluate: Ireland s performance with respect to national/eu obligations The prospects of achieving Ireland s landfill diversion targets The legal, institutional, organisational and infrastructural arrangements likely to be required to meet Ireland s EU obligations

15 The review - ToR To examine and report on: The suitability/effectiveness of current statutory/regulatory arrangements The suitability/effectiveness of current organisational structures/operational arrangements The suitability, availability and quality of infrastructure, including the practical potential for the use of emerging technologies The likely future constraints on the development of the sector, including anticipated EU legislation The roles of key stakeholders

16 Regulation Need for review identified in Taking Stock Context is the emergence of a new industry and market Has been an issue in the context of Social Partnership:- IBEC critical of LA charges, including for waste Community and Voluntary Pillar concerned about low income households/waiver schemes local authorities concerned at cherry picking and its implications for the funding of free to end user services

17 Regulatory context Waste a rapidly changing sector Structured environmental regulation in place No similar system of socio-economic regulation so far considered necessary Yet, costs to households and business have increased significantly Emergence of a strong private sector has placed new focus on the dual role of local authorities regulators and service providers

18 Regulation emerging issues Potential for anti-competitive practices by LAs or private service providers Views of Competition Authority competitive tendering Viability of key infrastructure Charges/levels of service/transparency can public service obligations be identified?

19 Regulation - consultation Government approved a formal public consultation Consultation paper to inform this and pose key questions Focus on socio-economic and not environmental regulation Consultation phase now concluded Stakeholder views and options for change will now form part of the overall review

20 Regulating Better policy It is Government policy to achieve better regulation Any proposals will be subject to RIA Maximum stakeholder involvement already evidenced by the public consultation Transparency and simplification are key concerns

21 Regulation key questions Which model of regulation would be most appropriate? Governmental regulation a waste regulator to oversee service standards and charges Self-regulation or co-regulation perhaps by way of a national standards body which could include public representation Performance based regulation possibly by means of competitive tendering

22 Regulation key questions Is there a more appropriate alternative to regulation of the waste sector? No intervention/do nothing assumes no issues arise which are amenable to regulation, e.g. in regard to charges/standards, or can otherwise be resolved Incentivisation through use of market/economic instruments e.g. for purposes of reducing waste output, increasing recycling levels, direction of waste (plastic bag and landfill levies etc.)

23 Regulation key questions Who would regulate the sector? Appointment of a new regulator for the waste industry public policy is to avoid the creation of additional regulators Assignment of additional regulatory powers to an existing regulator would harness existing structure and skill base

24 Regulation key questions What combination of services would fall within a regulator s remit? Domestic waste collection service issues raised include concerns over level of waste charges, operation of waiver schemes, extent of service availability, potential public service obligations Commercial waste collection service is a different approach warranted in respect of services to business? All waste recovery and disposal facilities issues of competition, and should facilities be similarly regulated to collection services?

25 Regulation key questions What functions would a waste regulator have? Economic issues regulation of charges (collection and gate fee) by price setting, capping or an appellate role/determination of an appropriate charging structure imposition of a public service obligation e.g. in regard to universal service or in respect of certain households supervise a switch to competitive tendering

26 Regulation key questions What functions would a waste regulator have? Operational issues issue, renewal, enforcement or revocation of waste permits co-ordination of the regional waste management plans to facilitate the achievement of national policy objectives the direction of waste in line with the waste hierarchy and in support of viable infrastructure provision setting and monitoring minimum standards of service delivery

27 Summary Good progress on recycling Infrastructure provision now progressing but a broader range of non-landfill technologies are needed The planned review of the national approach to waste management planning can better equip us to meet the major challenges, crucially the Landfill Directive obligations Higher standards dictate higher charges, but a new approach to regulation could address issues of efficiency and equity Enforcement a continuing major priority

28 Michael Layde Waste Infrastructure and Regulation