Presentation on theme: "Section 53A Workshop 1 st March 2012. Landfill Directive – 99/31 Member States shall take measures to ensure that all of the costs involved in the setting."— Presentation transcript:
Landfill Directive – 99/31 Member States shall take measures to ensure that all of the costs involved in the setting up and operation of a landfill site, including as far as possible the cost of the financial security or its equivalent referred to in Article 8(a)(iv), and the estimated costs of the closure and after-care of the site for a period of at least 30 years shall be covered by the price to be charged by the operator for the disposal of any type of waste in that site. Subject to the requirements of Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment, Member States shall ensure transparency in the collection and use of any necessary cost information [Article 10]
S53A of the WMA nInserted on 12 July 2004 - refer S.I No. 393 of 2004 nLandfill operators shall impose charges for the disposal of waste such that aggregate amount during the relevant period will not be less than: nthe costs of acquisition or development, nthe costs of operating (including the costs of financial provision), and nthe estimated costs, during a period of not less than 30 years or such greater period as may be prescribed, of the closure, restoration, remediation or aftercare of the facility. nIrrespective of whether the costs have been or will be met from other financial measures available to the operator
Licence condition In accordance with the provisions of Section 53A of the Waste Management Acts 1996 to 2010, the licensee shall ensure the costs in the setting up, operation of, and provision of financial security and closure and after-care for a period of at least 30 years (post closure) shall be covered by the price to be charged for the disposal of waste at the facility. The statement required under Section 53A(5) of said Acts is to be included as part of the AER.
Risks of non-implementation nImpediment to the development of waste infrastructure higher up the waste hierarchy nWould be in breach of polluter pays principle nFiresales nLandfills closing with inadequate provision for Closure & Aftercare costs
Background nComplaints to EPA regarding low gate fees since late 2009 nlandfill operators,industry representative bodies, political, Public nHad not been actively enforced to that point; OEE developed a survey to bring some order to the area nEngaged with CCMA on the matter nSurveys completed for 2008, 2009 and 2010 nFalling Waste Volumes nTotal revenue down from approx. €142 million to €86 million nFalling Landfill gate fees nNumber of open MSW landfills down from 30 in 2009 to 19 in Q4 2011 nNon compliances issued in April 2010 to 16 landfills nPriority item in Focus on Landfilling Report 2010 and in 2011 Landfill sectoral enforcement plan communicated to licensees
Section 53A Model nNot a gate fee issue per se; more one of an overall charging strategy nEPA has no statutory basis for setting a minimum gate fee nNeed to bring a consistency to the information supplied nDeveloped the S53A model in 2011 and trialled in field nAll landfills to use the model in 2012 for compliance purposes nOEE will assess returns and look for anomalies and perform audits
S53A Model – landfill capacity nTotal disposal capacity over the entire lifecycle of the landfill including full cells, active cells and cells to be constructed in future nWith planning permission and waste licence nDefined by top of basal/side liner and bottom of cap nDisposal only, deduct for cover nUsed to allocate acquisition costs, some development costs and restoration and aftercare costs nTotal constructed disposal capacity over the entire lifecycle of cells that are fully constructed nUsed to allocate development, capping and some leachate management costs associated with those cells
S53A Model – revenue nRevenue and costs unrelated to the landfilling activity are excluded, e.g. composting facilities or CA nExclude VAT and levy nRevenues associated with the following are included: nWaste accepted for disposal nWaste accepted for daily or intermediate cover nGas utilisation nOther, e.g. waste accepted for capping nThe relevant period for charging is from the date of commencement of disposal to the date of cessation of disposal.
S53A Model – operating costs nOperating costs include, for example: nStaff nMonitoring and control nAdministrative costs nResources (electricity & fuel) nData management and reporting nThese are allocated year by year post S53A
S53A Model – acquisition and development costs nShared infrastructure essentially refers to all infrastructure outside of the cells, for example: nLand, roads, weighbridge, wheelwash, fencing, buildings, carpark nDrainage, interceptors, settlement ponds/lagoons, oil separators nPlant, machinery, vehicles nMonitoring infrastructure – wells, LFG monitors, flow meters, dust gauges, met station etc. nFlare nLeachate lagoons, tanks nServices (surface water, foul water, watermain, power) nBunded oil storage nWaste quarantine area
S53A Model – acquisition and development costs nShared infrastructure (continued) nSCADA & telemetry nTraffic management barriers nCCTV nAlarms, e.g. gas alarm systems in buildings, high level alarms on tanks and lagoons nSpill control equipment nWind sock nLighting nPlanning permission and waste licence application costs not included nAllocated year by year post S53A on the basis of the amount of waste accepted for disposal that year as a % of the total disposal capacity of the landfill
S53A Model – fully constructed cells nDevelopment costs include, for example: nExcavation and replacement of soft materials nGrading to formation levels nEmbankments nBasal liner system nLeachate collection layer nSide slope risers nCapping costs - incurred & future nLeachate costs - incurred & future to close nAllocated year by year post S53A on the basis of the amount of waste accepted for disposal that year as a % of the total constructed disposal capacity of the landfill
S53A Model – restoration and aftercare costs nRestoration and aftercare costs include, for example: nLeachate cost post closure nAftercare nMonitoring nSecurity nAllocated year by year post S53A on the basis of the amount of waste accepted for disposal that year as a % of the total disposal capacity of the landfill
Reporting firstname.lastname@example.org@epa.ie nCan be on basis of financial year or calendar year nTo end of April in 2012 nForm must be completed in full and returned nConfidential information – S39 of the EPA Acts, FoI and AIE.