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Home : Environment : Solvent Regulations/ Deco-Paints Regulations



 

Legislation

European Directives transposed into Irish Law regulate operational procedures in businesses which use solvent or solvent-containing materials.

Such businesses are obliged to register with their Local Authority, at regular intervals, in order to obtain a certificate of compliance. Prior to obtaining a certificate of compliance, the operator is obliged to engage the services of an Approved Assessor to inspect the facility and determine compliance with the Regulations.

Please see the following links below in order to learn more about these Regulations

 

Businesses/ Activities to which these Regulations apply

  • Dry Cleaning

  • Vehicle coating and VehicleRefinishing

  • Coil coating

  • Winding wire coating

  • Other coating including metal, plastic, textile, fabric, film, leather, wood and paper surfaces

  • Wood impregnation

  • Footwear manufacture

  • Wood and plastic lamination

  • Adhesive coating

  • Rubber conversion

  • Vegetable oil and animal fat extraction and vegetable oil refining activities

  • Manufacturing or pharmaceutical products

  • Manufacturing of coating preparations, varnishes, inks and adhesives

  • Surface cleaning using compounds with risk phrases R45, R46, R49, R60, R61, or R40 and halogenated compounds.

  • Other surface cleaning

  • Printing

Operators of such businesses need to determine if these regulations apply to their activities. A review of the types and quantities of solvents used within a 12 month period is required to take place. If the appropriate threshold has been exceeded then the operator is obliged to comply with the regulations and register with Kildare County Council.

 

Dry Cleaning Installations

The Emission Limit Value in Schedule 4 of the Solvent Regulations does not apply for this activity. Therefore, all commercial dry cleaning installations are legally obliged to register with their local authority and operate in accordance with the Solvent Regulations.

Dry cleaners operating without a valid certificate of compliance are in breach of the regulations and may incur fines of up to €5000 on summary conviction.

Fixed Payment Notices have also been introduced and any dry cleaning operator found to be operating without a current certificate of compliance can be spot fined €500.

 

Vehicle Refinishing Installations

In accordance with the Deco-Paints Regulations all vehicle refinishers carrying out commercial spray painting activities are required to register with their Local Authority and operate in compliance with the regulations.

There are no thresholds to which these regulations apply, therefore once vehicle refinishing is taking place on a commercial basis, operators must register with their Local Authority.

Vehicle Refinishers operating without a valid certificate of compliance are in breach of the regulations and may incur fines of up to €5000 on summary conviction.

Fixed Payment Notices have been introduced and any vehicle refinisher found to be operating without a current certificate of compliance can be spot fined €500.

 

Approved Assessors and their Role 

The EPA has set up a national panel of Approved Assessors for the purpose of these regulations.

Currently there is only one Approved Assessor  (Enviroguide Consulting) available to carry out inspections under the Solvent and Deco-Paints Regulations.

Enviroguide Consulting can be contacted on 01- 5654730.

Please keep an eye on this website for future updates.

The role of the Approved Assessor is to inspect and review an operator’s installation and produce a report based on their findings/ level of compliance with the regulations.

The Approved Assessor report will determine whether the installation was found to be in compliance or otherwise with the regulations.

The report shall contain details of any major/minor non-compliances and observations noted during their assessment.

The Approved Assessor may also recommend the duration to be attached to a certificate of compliance, for example 1, 2 or 3 year certificates.

However, the relevant Local Authority is responsible for issuing the certificate of compliance and will therefore have the final say on the length of duration of the certificate of compliance.

 

Local Authorities and their Role

Once an operator has obtained a report from an Approved Assessor, a copy of same must be submitted to the relevant local authority along with a completed Registration Form (this will be supplied by the Approved Assessor to the operator along with the report) and a Registration Fee of €50 in respect of renewals and €70 in respect of new certificates. A Registration Fee of €70 shall also be submitted in cases where operators have allowed their certificates to lapse).

Following a review of the documentation submitted and a possible site inspection by the relevant local authority, a certificate of compliance will then be issued in cases where the operator is compliant.

Certificate of compliance may be valid for up to 3 years; however this is normally in cases where continued compliance has been shown by the operator. If Kildare County Council has concerns regarding a specific installation, then the period of duration for the certificate may be reduced to 1-2 years.

Operators are obliged to display their current certificates in a prominent position at their premises.

Failure to obtain a certificate of compliance or register with Kildare County Council on time may result in escalating enforcement action being taken against the operator for breach of regulations.

 

Enforcement Action and Penalties

Recent legislation has enabled Local Authorities to now issue Fixed Payment Notices (spot fines) in respect of alleged breaches of the regulations.

A fixed payment notice of €500 can be issued for operating an installation without a current certificate of compliance where such a certificate is required (Both Solvent and Deco-Paints Regulations).

An operator who receives a fixed payment notice is not legally obliged to pay the fine, however if payment is made within 21 days of the date of the notice, Kildare County Council will not instigate legal proceedings against him/her.

However, failure to pay the fine on time will result in Kildare County Council prosecuting the operator in the District Court.

In such cases where court proceedings have been instigated, the maximum fines for breaches of the regulations are €5000 or a term of 6 month imprisonment, or both.

 

Best Practice Guidelines

Please see the links below to view both the Best Practice Guidelines for Dry Cleaners and the Best Practice Guidelines for Vehicle Refinishers.

 www.epa.ie/pubs/reports/air/solvents/bestpracticeguidelinesfordrycleaners2012.html

www.epa.ie/pubs/reports/air/solvents/bestpracticeguidelinesforvehiclerefinishing2012.html

Register of Certified Dry Cleaners (Solvent Regulations) and Vehicle Refinishers (Deco-Paints Regulations)

Please refer to the document links below to view the register of current holders of certificates of compliance.

Please note, the absence of a particular establishment from these lists does not necessarily imply a failure to comply with the Regulations.

Note to holders of certificates – please ensure all your details are accurate and up to date. In the event of circumstances or details changing, please contact Kildare County Council, Environment Section at 045 980588 to advise of the change.

 

If you have any queries, wish to speak to someone about your premises, or report a case of non-compliance with the regulations, please contact Kildare County Council Environment Section on 045 980588.

Dry cleaner register

File Size: 29KB - Document Type: MS Excel

Vehicle refinisher register

File Size: 37KB - Document Type: MS Excel