Written Answers. - Waste Disposal.
John Bruton
Question:
233
Mr. J. Bruton
asked the
Minister for the Environment and Local Government
if he will publish the report prepared by an official in his Department into illegal dumping activities in County Louth; the action taken as a result of the findings of the report; the contacts he has had with Louth County Council as a result of the report; the future course of action into this issue; and if he will make a statement on the matter.
[23997/02]
John Bruton
Question:
234
Mr. J. Bruton
asked the
Minister for the Environment and Local Government
the way in which a company (details supplied) in County Louth was approved grant assistance of up to £105,000 for composting facilities even though the applicant was clearly not eligible for grant assistance as the applicant did not have planning permission, tax clearance certification or a waste permit at the time of approval or for a substantial time after approval; if a thorough investigation will now be carried out; and if he will make a statement on the matter.
[23998/02]
I propose to take Questions Nos. 233 and 234 together.
In May 1997 my Department gave approval in principle to the provision of a grant of up to £105,555.56 under the Operational Programme for Environmental Services 1994-99 to Killencoole Garden Compost Limited in respect of specified waste recycling facilities. This grant offer, and the subsequent payment of grant assistance, was clearly contingent on compliance by the company with the terms and conditions of the grants scheme. These included, among other things, a requirement that a grantee ensure that all legal requirements, such as planning permission and waste management regulations, were complied with and the provision of a tax clearance certificate upon request.
Upon confirmation that the company had obtained planning permission and a permit under the Waste Management (Permit) Regulations, 1997, and receipt of a tax clearance certificate issued by the Revenue Commissioners, a first tranche of the approved grant was paid to KGC in December 1999. From the documentation already provided by my Department the Deputy is aware that the circumstances of the approval and payment of a grant to KGC have already been thoroughly investigated.
In October 2001 and January 2002 my Department received allegations linking KGC and others to the alleged unauthorised disposal of waste in the Newtowndarver area. I have no direct statutory function with regard to the oversight and regulation of waste activities. However, because KGC had received grant assistance under the OPES, it was considered appropriate, in the particular circumstances and as an exceptional measure, that my Department should investigate the substance of these allegations. An inspection of the area in question took place in early February.
Arising from this inspection my Department subsequently recommended to Louth County Council that it should undertake further sampling of local watercourses to establish clearly the quality of those waters and the safety of the public water supply; establish whether there is or is likely to be a significant risk of environmental pollution arising from lands adjacent to the KGC facility; require the taking of any remedial measures considered necessary in respect of those lands; and undertake or arrange for trial excavations with a view to establishing whether hazardous waste had been disposed of in the area.
It is understood that water samples were taken in February and May at a total of 11 sampling points in the Newtowndarver area, that the results show no evidence of pollution in the watercourses concerned, and that Louth County Council intends to carry out further periodic sampling of these watercourses.
A geophysical survey was carried out by a private concern on behalf of the council to locate and outline the extent of possible material deposition in a site at Newtowndarver. Subsequently, the council undertook a number of trial excavations on the site. It is a matter for the council to determine whether, on foot of these investigations, further action is required having regard to its powers and functions under the Waste Management Act, 1996. A report on the investigation carried out by my Department in February will be provided to the Deputy.
The KGC facility is no longer in operation and the company has not, to my knowledge, been restored to the companies register. The question of recovery of grant assistance paid to KGC under the OPES will continue to be addressed in consultation with the Chief State Solicitor's office.
Otherwise, having regard to the respective functions of local authorities and the Minister for the Environment and Local Government under the Waste Management Act, 1996, my Department will have no further direct involvement in relation to the investigation of alleged unauthorised waste activities in the Newtowndarver area.
