Dáil Éireann debate -
Tuesday, 6 Mar 2001

Vol. 532 No. 1

Written Answers. - Waste Management.

Jan O'Sullivan

Question:

248 Ms O'Sullivan asked the Minister for the Environment and Local Government where the divisions of responsibility lie between the Environmental Protection Agency and a local authority when a complaint is submitted to both regarding the unlicensed dumping of a questionable substance; if he will name the body which has responsibility for testing the substance concerned; if he will name the body which is responsible for monitoring its safe removal; and if he will make a statement on the matter. [6705/01]

Minister for the Environment and Local Government (Mr. Dempsey):

I am not in a position to comment on the actions that might be taken by a local authority and or the Environmental Protection Agency, EPA, in any hypothetical case of apparent illegal waste activity.

In accordance with section 59(1) of the Waste Management Act, 1996, each local authority is responsible generally for the supervision and enforcement of the relevant provisions of the Act in relation to the holding, recovery and disposal of waste within its functional area. Local authorities have specific powers under sections 55 and 56 of the Act to require measures to be taken, to take measures directly to prevent or limit environmental pollution caused or likely to be caused by the holding, recovery or disposal of waste and to mitigate or remedy the effects on the environment of any such activity. However, the 1996 Act also provides that nothing in section 59(1) shall be construed as prejudicing the right of the EPA to perform any functions conferred on it under any provision of the Act.