111Defence to offence of polluting land at unlicensed landfill site

#### 111 Defence to offence of polluting land at unlicensed landfill site 111 Defence to offence of polluting land at unlicensed landfill site > > (1) The defence provided for in section 142E of the Act (relating to the introduction of a substance into or onto land that is an unlicensed landfill site) is only available to the occupier of an unlicensed landfill site if, when the substance was introduced— > > > > > (a) particulars of the location of the landfill site, and of the name and address of the occupier, had been notified to the EPA, and > > > > > (b) there was lawful authority to use the land as a landfill site, and > > > > > (c) the landfill site was being operated in accordance with the operating requirements, and > > > > > (d) the landfill site was located outside the regulated area, and > > > > > (e) the landfill site was owned and operated by or on behalf of a local council, and > > > > > (f) the landfill site was in existence immediately before 28 April 2008. > > > (2) The operating requirements, in relation to a landfill site, are as follows— > > > > > (a) all reasonable steps are to be taken to minimise the emission of any offensive odour or offensive noise beyond the boundaries of a landfill site, > > > > > (b) all reasonable steps are to be taken to avoid discharges from the landfill site causing water pollution, > > > > > (c) all reasonable steps are to be taken to ensure that any plant at the landfill site that is used for the purposes of disposing of, or moving or covering, waste is properly maintained so as to avoid land pollution, > > > > > (d) all reasonable steps are to be taken to ensure that any plant at the landfill site that is designed to control or prevent land pollution at the site (including any gas collection system and any leachate collection system) is maintained in an efficient condition, > > > > > (e) all reasonable steps are to be taken to secure the site against uncontrolled public access (for example, by the provision of fencing and other security measures), > > > > > (f) all reasonable steps are to be taken to minimise the emission of dust beyond the boundaries of the landfill site, > > > > > (g) all reasonable steps are to be taken to minimise the tracking of dust or mud from the site on to any public road providing access to the site, > > > > > (h) all reasonable steps are to be taken to minimise the risk of fire at the landfill site, > > > > > (i) if the substance is asbestos waste—the requirements of clause 80 relating to covering that waste are to be complied with, > > > > > (j) if the substance is clinical or related waste—the requirements of clause 113 relating to the disposal of that waste at a landfill site are to be complied with. > > **cl 111:** Am 2017 (118), Sch 3 \[14\]–\[16\].