Clare County Council Crest

County of Clare
(Presentation and Collection of Household Waste and Commercial Waste),
Bye-Laws, 2007

County of Clare Bye-Laws

Whereas Clare County Council has by virtue of Section 35 of the Waste Management Acts, 1996-2005 and by virtue of part VII of the Local Government Act, 1994, as amended by Part XVIV of the Local Government Act 2001,and in exercise of every other power in that behalf it enabling and in particular by reference to Section 35 (1)(b) of the Waste Management Acts, 1996-2005 power to make bye-laws requiring a holder of waste to present such waste for collection by a person collecting waste in accordance with Part IV of the Waste Management Acts, 1996-2005 and further in particular by reference to Section 35(1)(b) of the Waste Management Acts, 1996-2005 power to make by-laws requiring holder of household or commercial waste who presents such waste for collection as aforesaid (whether pursuant to a requirement of bye-laws under Section 35(1)(a) of the Waste Management Acts, 1996-2005 or not) to so present the waste in a manner specified in the bye-laws and Whereas Clare County Council consider that for the purpose of the proper management of waste or the prevention or control of environmental pollution it is necessary to make these bye-laws.

Now Be It Known That Clare County Council hereby make the following bye-laws:-
  1. Short Title
    These Bye-Laws may be cited as the County of Clare (Presentation and Collection of Household Waste and Commercial Waste), Bye-Laws, 2007.

  2. Commencement of Bye-Laws
    The Bye- Laws shall come into operation on the 12th July 2007

  3. Areas of Application
    The Bye-Laws apply to the area comprising the County of Clare, including Ennis Town Council and Kilrush Town Council.

  4. Interpretation
    Throughout these Bye-Laws, the following words andexpressions shall have the meanings hereinafter respectively assigned to them, unless the context otherwise require, that is to say:

    "authorised person" means an "authorised person" with the meaning of Section 2 meaning of Section 204 (1) of the Local Government Act, 2001 and comprises an authorised person for the purposes of the Local Government Act, 2001 (Bye-Laws) Regulations, 2006 or any Act or Regulation extending or amending the same.

    dry recyclables may include the following materials
    • Newspapers / Paper / magazines
    • Light card / cardboard
    • Steel cans
    • Aluminium cans
    • Polyethylene Terephthalate (PET) plastic bottles
    • High Density Polyethylene (HDPE) plastic bottles
    • Glass
    • Beverage Cartons

    "footpath ", "footway", "public road" and "roadway" have themeaning assigned to them by Section 2(1) of the Roads Act, 1993.

    "responsible person" shall mean-

    1. in the case of rented accomodation, the responsible persons are the occupying tenants including the landlord(s)/owner(s) and their Agents of private rented dwellings.
    2. In the case of premises used for residential (guesthouses, hospitals, hostels, hotels or office), retail, assembly & recreation, industrial or storage purposes, the "responsible person" is the Operator.
    3. In the case of all other private household dwellings, the "responsible person" is the owner/householder "service provider" shall mean Clare County Council or, as the case may be, a person other than the Clare County Council who, for the purpose of reward, with a view to profit or otherwise in the course of business, collects waste, as the case may be, under a Waste Collection Permit granted under the Waste Management (Collection Permit) Regulations, 2001 and which is for the time being in force.

    "service" shall mean the service of the collection of waste by a service provider.

    "the prescribed time" means on such days and such hours of the day as may be fixed from time to time by a service provider for the collection of household waste or commercial waste, as the case may be, from any premises by such service provider.

    "prescribed place" in relation to any premises means a convenient place immediately outside the entrance to a premises or as close as practicable but not in a position to cause an obstruction to users of the roadway, footpath or footway.

    "premises" includes all premises situate in the county of Clare and also a part of any premises let or occupied as separate premises whether or not the person to whom it is let or the person who occupies it share with any other person any accommodation, amenity or facility in connection therewith or any other portion of the premises.

    "wheeled-bin" means a receptacle which complies with the standards for mobile waste containers specified in I/S. EN 840-1; 1997 (part 1 - 6 inclusive) and which is used for the purposes of presenting household waste or commercial waste for collection and disposal and shall be deemed to include a reference to any microchip provided therefore, if fitted or retrofitted at any time.

    "microchip" includes any electronic device capable of being implanted in or attached in any way to a wheeled bin and which is used for the purposes of recording, storing, sorting, calculating, migrating and/or using data of a business or technical nature concerning use of the wheeled-bin in which it is implanted or to which it is attached.

    The interpretation of the definitions as set out in the Waste Management Acts, 1996-2005 is applied to these Bye-Laws, save where otherwise specified.

  5. Obligation to Present Household Waste or Commercial Waste in a Wheeled Bin
    Subject to Bye-Law 11 of these Bye-Laws the occupier of any premises shall, at the prescribed time and in the prescribed place present household waste or commercial waste, as the case may be, for collection, [by the service provider providing the service of the collection of waste to such occupier] wholly contained within a wheeled-bin.

    Such occupier shall comly with whatsoever directions are given to him or her or given generally by public notice or otherwise, by such service provider providing to such occupier the service as to identification marks or other marks, badges, labels, tags, discs or other things to be attached or affixed to or displayed upon such wheeled-bin or wheeled bins.

  6. Obligation to Present Household Waste or Commercial Waste in a Wheeled-Bin Holding a Valid Payment Label
    Subject to Bye-Law 14 of these Bye-Laws wheeled-bins presented for collection shall have a valid payment label attached indicating the date up to which payment has been made.

  7. Obligation to Keep Wheeled-Bin in Proper Condition and Repair
    A person presenting household waste or commercial waste for collection shall keep the wheeled-bin in proper condition and repair and in particular in such a condition and state of repair that any microchip implanted therein or in any way attached thereto shall be and remain clean, undamaged, intact, in repair and capable of use for its intended function and shall allow to be replaced by or on behalf of the service provider such micro chip as the need arises and so that the household waste or commercial waste placed, as the case may be, therein may not escape therefrom and so that the wheeled-bin may be conveniently emptied.

  8. Obligation to Permit Service Provider to Access Microchip Implanted in or Attached to a Wheeled-Bin
    A person presenting household waste or commercial waste for collection shall at all reasonable times, allow and permit the service provider who provides the service to such person to access any microchip implanted or in any way attached to a wheeled-bin for the purpose of examining any such microchip and for the purposes of reading or otherwise taking any data or other information therefrom.

  9. Prohibition on Tampering etc. with the Microchip or Identifying Marks or Labels
    A person, other than a service provider, shall not remove, damage, destroy, tamper with, render inoperative or otherwise interfere with a microchip or identifying marks or labels.

  10. Prohibition on Having any Waste other than Household Waste or Commercial Waste in a Wheeled-Bin
    A person presenting household waste or commercial waste for collection shall not place or, cause to be placed or put in a wheeled-bin any waste other than household waste or commercial waste, as the case may be, or liquidised matter or other waste matter likely to damage the wheeled-bin or cause injury to any person.

  11. Segregated Waste Collection
    • Where a separate segregated collection is provided by the service provider, the person presenting waste for collection shall place the appropriate waste in the wheeled bin, or alternative system as approved by Clare County Council, which is labelled to identify the method of separate collection (e.g.dry recyclable collection, organic waste collection).
    • Notwithstanding the provisions of Bye-Law 5 of these Bye- Laws a person shall not present for collection a wheeled-bin containing household waste or commercial waste comprising any product or substance or packaging therefore in contravention of regulations made under section 29 of the Waste Management Acts, 1996-2005
    • Notwithstanding the provisions of Bye-Law 5 of these Bye-Laws a person shall not place or cause to be placed or deposit or cause to be deposited in a wheeled-bin household waste or commercial waste comprising any product or substance or packaging therefor in contravention of regulations under Section 29 of the Waste Management Acts, 1996-2005.


  12. Obligation to Present Household Waste or Commercial Waste in a Wheeled-Bin which is not Damaged
    A person presenting household waste or commercial waste for collection shall not present or cause to be presented any such waste in a wheeled-bin in circumstances where the wheels or lid of such wheeled-bin have been removed or damaged or in circumstances where such wheeled-bin has been damaged to such an extent that it is not fit for the purpose for which it was designed or is not capable of being conveniently emptied.

  13. Charge for a Wheeled-Bin or Microchip Replacement thereof
    Where a service provider provides or replaces a wheeled-bin or wheeled-bins in which household waste or commercial waste (either generally or of a specified nature or type) presented for collection shall be placed for such collection the service provider so providing such wheeled-bin or wheeled-bins may require such reasonable payment, as the service provider may determine, in respect of such provision from the person to whom it or they are provided and in default of payment therefor such payment may be recovered by the service provider who provided the same as a simple contract debt in any court of competent jurisdiction, from the person to whom it or they were provided.

  14. Prohibition on Presenting Waste for Collection Other than in a Wheeled-Bin
    A person presenting household waste or commercial waste for collection shall not present for collection any household waste or commercial waste in
    • refuse sacks or bags of any sort unless such refuse sacks or bags are contained fully within a wheeled-bin provided by the service provider, unless otherwise approved by Clare County Council.
    • Where prepaid refuse bags are used, the bags shall be placed in a wheeled bin provided by the service provider from whom the prepaid bags have been purchased. The wheeled bin shall have a label indicating that the bin is for prepaid bag use only. This label shall contain the name or unique serial number and address of the responsible person.
    • Any type of refuse bin, receptacle or container other than in a wheeled bin provided by the service provider, unless otherwise approved by Clare County Council
    • Boxes or other packaging, unless otherwise approved by Clare County Council


  15. Manner in which Wheeled-Bin Requires to be Presented
    A person presenting household waste or commercial waste for collecion shall present the wheeled-bin with the lid thereof fully closed and, where possible with the handles of the wheeled-bin pointed in the direction of the public road.

  16. Prohibition on Person Presenting Waste for Collection by a Person who is not a Service Provider
    A person presenting household waste or commercial waste for collection shall not present such waste for collection by any person other than a service provider.

  17. Times for Presentation of Waste for Collection and Removal of Wheeled-Bin after Collection
    A person presenting household waste or commercial waste for collection should not present the same for collection earlier than 6:00 p.m. on the day prior to collection and such person shall not cause or permit such wheeled-bin to remain outside any premises longer than 24 hours after collection.

  18. Prohibition on wilfully Obstructing etc. a Service Provider etc.
    A person shall not wilfully obstruct, disturb, interrupt, or annoy any employee of a service provider in the removal of household waste or commercial waste, as the case may be, or any person or servant of any person employed by a service provider in the removal of household waste or commercial waste, as the case maybe (or vice-versa).

  19. Obligation to Permit Service Provider to Fit, Retrofit or Replace a Microchip
    A person presenting household waste or commercial waste shall allow the service provider, by contractors, servants or agents, to fit, retrofit or replace a microchip thereto.

  20. Wheeled-Bin Deemed to have been Placed for the Collection of Waste therein
    Where any wheeled-bin is or remains in the prescribed place during the prescribed time it shall be deemed to have been placed in the prescribed place by a person with the intention that it be presented for collection of the household waste or commercial waste therein, as the case may be, and that the service provider, its servants or agents, has or have full and irrevocable authority to undertake the collection of the waste therein and to take such readings, migrations or downloadings of information or other data from any micro chip implanted therein or in any way attached thereto.

  21. Prohibition on Depositing Waste on any Footway, Pavement or Roadway unless it is in a Wheeled-Bin
    The occupier of any premises who shall remove or cause to be removed, any household waste or commercial waste, as the case may be, produced upon his or her premises, shall not in the process of removal deposit such household waste or commercial waste upon any footway, footpath, pavement or roadway, nor shall he or she allow the same to be deposited upon any such footway, footpath, pavement or roadway, by any person acting directly for him or her provided that the foregoing requirements shall not be deemed to prohibit the deposition in the prescribed place of any wheeled-bin (or other receptacle approved by Clare County Council) containing household refuse or commercial refuse, as the case may be, for collection in pursuance of and in accordance with Bye-Law No. 5 of these Bye-Laws

  22. Offences and Penalty
    A person who contravenes a provision of these bye-laws shall be guilty of an offence under and by virtue of Section 205 of the Local Government Act, 2001 and shall be liable on summary conviction to a fine not exceeding €1904.60.

  23. Fixed Payment Notice
    1. If an authorised person has reasonable grounds for believing that a person is committing a contravention or has committed a contravention of a provision of these Bye-Laws the authorised person may serve on the person a fixed payment notice as prescribed by the Local Government Act, 2001 (Bye-Laws) Regulations, 2006 or any Regulation amending or extending the same stating-
      1. that the person is alleged to have committed the contravention,
      2. that the person may during the period of 21 days beginning on the date of the notice, make to Clare County Council a fixed payment in the sum of €75.00 accompanied by the Notice, and
      3. that a prosecution in respect of the alleged contravention will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.
    2. Where a notice is issued under subsection (1):-
      1. a person to whom the notice applies may, during the period specified in the notice, make to Clare County Council the payment specified in the notice, accompanied by the notice,
      2. the Clare County Council shall receive the payment and issue a receipt for it.
      3. a prosecution in respect of the alleged contravention shall not be instituted in the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged contravention shall be instituted.
    3. In a prosecution for a contravention referred to in subsection (1), the onus of showing that a payment pursuant to a notice under this section has been made shall lie with the person on whom the notice is served.
    4. Any notice required to be served by or under this Bye-Law shall be served in one of the following ways
      1. By delivering it to the person by hand
      2. By leaving it at the address at which the person ordinarily resides,
      3. By sending it by post in a prepaid registered letter addressed to the person at the address at which the person ordinarily resides,
      4. If an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to the person, to that address.

Made and Adopted under the Corporate Seal of Clare County Council

On this 11th day of June 2007.


Present when the Corporate Seal of the Council was Affixed hereto:-



________________________________
Cathaoirleach/Nominated Member


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Director of Service