Dáil Éireann Debate, Tuesday - 21 February 2012
451 Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if he will clarify that any refuse bag put out for collection with a valid tag that is not collected amounts to littering and that fines will be issued to the operator which failed to collect the bag; and if he will make a statement on the matter. [9438/12]
View answer452 Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if he will clarify that any refuse bag put out for collection with a valid tag is no longer the responsibility of the customer and that the contracted operators who failed to collect the refuse is liable for any litter fines that may be levelled by the local authority; and if he will make a statement on the matter. [9439/12]
View answer453 Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if he will amend the Litter Pollution Act 1997 to recognise that a contract exists between a household which puts a refuse bag out for collection and the operator of the refuse collection service that has agreed to collect this waste and that the operator will be responsible for all fines resulting from its failure to collect the refuse bag; and if he will make a statement on the matter. [9440/12]
View answerI propose to take Questions Nos. 451 to 453, inclusive, together.
Section 5(b) of the Litter Pollution Act, 1997 provides that the deposit in any place of a receptacle containing any commercial, household, municipal or industrial waste for collection by or on behalf of a local authority or by another authorised waste collector within the meaning of the Waste Management Act 1996 is not prohibited under the Act, provided that reasonable care is taken to prevent the creation of litter. The presentation of waste for collection may also be subject to local authority bye-laws.
As enforcement of the Litter Pollution Act is a matter for local authorities in the first instance, it is for the relevant local authority to determine whether a littering offence arises in circumstances of the kind outlined in the questions, taking account of, inter alia, the nature and status of the contractual relationship which exists between a householder and the relevant waste collector. I have no proposals to amend the Litter Pollution Act, 1997 in the manner suggested.
