Deirdre Clune
Question:69 Ms Clune asked the Minister for the Environment and Local Government if his attention has been drawn to the extent of illegal dumping; and if he will make a statement on the matter. [26899/01]
Priority Questions. - Waste Disposal.
I am aware of reports concerning illegal waste dumping. However, it is a matter for local authorities to address the incidence of unauthorised waste disposal activities. My Department does not have a direct function in this regard or in relation to the performance by individual local authorities of their enforcement role in particular cases.
Under the Waste Management Act, 1996, it is an offence to hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. The carrying on of a waste disposal activity requires either a waste licence from the Environmental Protection Agency, EPA, or in certain cases a waste permit from the relevant local authority. The 1996 Act provides that each local authority is generally responsible for the supervision of and the enforcement of the relevant provisions of the Act in relation to the holding, recovery and disposal of waste within its functional area.
To this end, local authorities have very considerable enforcement powers. They may enter any premises or board any vehicle for the purposes of the Act, require any holder of waste to maintain specified records and provide specified information and take a range of remedial and legal measures in cases where waste has been recovered or disposed of in a manner that causes, or is likely to cause, environmental pollution. There are severe penalties for illegal waste activity. On conviction on indictment, the 1996 Act provides for fines of up to £10 million and-or imprisonment for a term of up to ten years.
A new landfill levy will be introduced from early in 2002, the revenues from which will be hypothecated to the environment fund. A consultation paper has been issued outlining the main elements of these proposals. Against the possibility that higher landfill costs could lead to increased fly-tipping of waste, additional funding will be provided to local authorities from the environment fund to help combat any such development. Accordingly, the consultation paper specifically invited proposals from the City and County Managers' Association to facilitate the allocation of revenues in this regard, to support dedicated and measurable enforcement initiatives and to control fly-tipping and unauthorised waste activities generally.
The Minister of State said he is aware that some illegal dumping is taking place. Has he any idea of its extent? I have received numerous reports of illegal dumps in various parts of the country but no action appears to be taken against them by the local authorities or the EPA. Many of our landfills are nearing completion and in many parts of the country commercial waste is banned from them. Small operators will therefore have no option, if there is no alternative available, but to dump illegally. Does the Minister of State agree the crisis I outlined, where there is no alternative to landfill, will inevitably lead to illegal dumping?
There appears to be a substantial amount of illegal dumping taking place but information on that would not be available in the Department. It is a matter for each local authority to seek to establish the level of illegal dumping in their areas. A senior official in one county was quoted in the press recently as stating that there were about 200 illegal dump sites in Wicklow.
It is a matter for the local authority to be vigilant and to have procedures in place to ensure the people who are creating this nuisance in our countryside are dealt with under the law. The full rigours of the law are available to the local authorities from the point of view of taking prosecutions.
The Minister of State said there are at least 200 in Wicklow—
I was quoting a press report.
I know. I have seen other press reports as well. It is not good enough to say this is a matter for the local authorities. It is a matter for the Minister with responsibility for the envir onment to ensure this does not occur. Is it not a matter for the Department and the EPA to use their influence with the local authorities to ensure illegal dumping does not occur? Why should people pay service charges and heavy commercial rates when others who do not seem to care and who do not wish to pay rates or landfill charges can simply dump waste and get away with it? There are at least 200 illegal dumps in Wicklow and many others throughout the country. It is becoming an epidemic.
If the Department were charged with seeking out illegal dumps, there would be less chance of these people being caught and prosecuted than having the local authorities do it. The House agreed, when the Waste Management Bill was passed in 1996, that it was the proper function of the local authorities and they have sufficient—
Is the Minister of State happy with the progress of the local authorities?
That is another question. If there are 200 illegal dumps in County Wicklow, the Wicklow local authority would want to start taking positive action to deal with that issue. I suspect there is a level of illegal dumping, perhaps not as high, taking place in other areas as well. People will have to realise that we are moving into a new era and that this type of action is no longer acceptable. They can be prosecuted and heavily fined for such actions.
Those involved in creating the 200 dumps in Wicklow have been allowed to go unprosecuted and that is just one figure being quoted. People will see they can get away with such practices.
If county council officials know about 200, they will not go unprosecuted.