Helen Keogh
Question:15 Ms Keogh asked the Minister for the Environment the present position regarding proposals requiring the licensing of all sewage discharges, waste disposal and handling facilities.
Ceisteanna—Questions. Oral Answers. - Waste Disposal.
(Wexford): The Environmental Protection Agency Act, 1992, provides for licensing by the agency, on the basis of integrated pollution control, of activities with significant polluting potential. Environmental Protection Agency licensing, which will commence on a phased basis shortly, will extend to certain waste disposal and treatment operations, including incineration of hazardous and hospital wastes. Waste management operations, other than those carried out by a local authority within its functional area, are licensed at present under the European Communities (Waste) Regulations, 1979.
The Environmental Protection Agency has both a general supervisory role in relation to the performance of environmental protection functions by local authorities, and more specific powers as regards certain related matters, including landfill and sewage discharges. The supervisory regime for landfill provided by the 1992 Act envisages both the publication of criteria by the agency and a monitoring programme in relation to local authority landfill sites. I intend that these provisions should be made operational as soon as possible. I have also made it clear that the waste Bill, which is now being drafted, will provide for full scale licensing by Environmental Protection Agency of local authority operations.
Trade effluents discharging to sewers can be licensed under the Local Government (Water Pollution) Acts, 1977 and 1990. There is provision in the 1992 Act for regulations which would more directly control sewage discharges themselves, inter alia, by the setting of standards and by a related authorisation system to be operated by the Environmental Protection Agency. Provisions of this kind are being addressed in the context of implementing the EU Directive on Urban Waste Water Treatment.
In the event of unsanitary conditions being created or some kind of pollution being caused by the improper management of waste disposal will the Minister say which authority is responsible for taking action? What action can be taken and what penalties imposed? Will he agree that there appears to be a grey area in relation to the enforcement authority, as to who exactly is responsible, since health boards appear to pass it on to local authorities — in many cases the local authorities being the offenders — and the Environmental Protection Agency do not appear to have exercised much muscle?
(Wexford): The Environmental Protection Agency is getting off the ground at present. It has a staff of 90 and some regulations will be passed on to them over the next couple of months. At present the local authority is the licensing authority in relation to trade effluent and the responsible body to take action if it occurs within its area. If the Deputy has a specific problem, and informs us, we can have it investigated for him.
If the local authority owns the property, is the offender and its public refuse facility is not properly maintained, what action is available to the public to have the matter dealt with?
(Wexford): If a local authority is involved — and we have received complaints in that regard in the past — the Department of the Environment would take action to make it put its house in order.
Will the Minister of State agree that local authorities are some of the worst polluters in terms of sewage discharge nationwide? The Minister quoted a European Union directive which sets out minimal standards for discharge into public water sources of treated sewage effluent? Can he say how many local authorities meet those requirements at present?
(Wexford): The Environmental Protection Agency, 1992, empowers the Minister to make regulations for the collection, treatment, discharge or disposal of sewage or other effluents into waters from any plant, sewer or drainage pipe used or controlled by a sanitary authority for the treatment and disposal of effluent. Regulations under the provisions of this Act are at present being prepared to give effect to these stringent standards. I might add that £750 million is at present being expended under the environmental action programme to improve the quality of sewerage systems and water schemes nationwide.
The Minister did not answer the question. I asked him how many local authorities are in contravention of the regulations laid down under the provisions of the Environmental Protection Agency Act, 1992, or under the regulations laid down in the latest European Union directive in these matters.
That is a very distinct question, Deputy, perhaps worthy of a separate question.
Obviously it is not worthy of the Minister's reply.
(Wexford): If the Deputy tables a separate question, I will answer it.
I have one brief, very direct question to the Minister of State. Is it true that he is examining buildings that have come on the market in Enniscorthy in which to locate the headquarters of the Environmental Protection Agency? Can he give the House an absolute commitment that the Environmental Protection Agency headquarters will be located, as promised, in Johnstown Castle?
That is a separate question.
(Wexford): I assure the Deputy that Enniscorthy is not being examined as a location for the headquarters of the Environmental Protection Agency. I can also assure her — as I did Wexford County Council on Monday last — that, while Johnstown Castle is not suitable at present, in the short term the Environmental Protection Agency will acquire buildings in Wexford town. They we will take a decision on the possibility of constructing a proper building in the grounds of Johnstown Castle, if we can acquire the grounds for that purpose.
In regard to compliance with European law on seweage discharges at sea will the Minister consider acting as an agent or "wholesaler" to help local authorities because many of the sewage treatment facilities do not involve all the convoluted procedures of having individual plants designed which takes considerable time and money? Will he include in his recommendations the use of reed beds which save considerable expense and are highly efficient, as I witnessed in other countries.
(Wexford): I would like to think that the Department of the Environment would always act as helpers or “wholesalers” to local authorities. The problems outlined by the Deputy should not be confined solely to local authorities; it is a wider community problem. I would like to see industry having a role to play in cleaning up its act and not depending solely on the local authority.
When will the EU directive, making it an offence for local authorities to discharge their sewage from seaside towns into waterways, come into effect? Has the Galway main drain sewerage scheme been sanctioned? To our shame we are still pumping raw sewage into our bay and waterways.
(Wexford): A separate question has been tabled on the Galway problem which I am sure will be answered. The EU urban waste treatment directive sets standards which the Government is totally committed to. These standards and requirements will apply to all significant discharges by the year 2005. That decision was not taken by us but within the EU.
The Minister stated earlier that in the event of a local authority not maintaining their refuse in a proper condition the public could have recourse to the Department who would take appropriate action. Can the Minister give examples of where the Department has taken such action and what statutory provision enables him to do so?
(Wexford): There was a problem in Tipperary South-Riding in relation to landfill sites and the Minister refused to grant permission in that area. Also, the courts have been used by local authorities to deal with landfill proposals in their areas. For example, some years ago, the Supreme Court ordered Sligo County Council to discontinue a landfill proposal.
What about the Department's action? Where the public are concerned at the condition of a public refuse dump and no action has been taken by the health board or the local authority the Minister said the Department could take action. Under what statute can the Department take action? Will the Minister give an example of where such action has been taken to have an area cleaned up rather than where a licence has been refused?
The Deputy is seeking quite an amount of elaboration.
It is about the same question.
(Wexford): If the Deputy has a problem with a landfill site, perhaps he would give us the details and we will investigate.