Under section 32(1A)(a) of the Waste Management Act 1996 it is the responsibility of the original waste producer or other waste holder to have waste collected, or to make appropriate arrangements for treatment, in accordance with the waste hierarchy. Section 35 of the 1996 Act provides that a local authority may make bye-laws requiring a holder of household waste to present such waste, specifying sorting measures, quantities, location, times and other relevant matters. As such, it is a role of the relevant local authority to regulate the presentation of waste for collection, in alignment with the national, regional and local policy framework, for all categories of dwelling.
Penalties available under the Litter Pollution Acts for litter offences range from an on-the-spot fine of €150, to a maximum fine of €3,000 on summary conviction, and a maximum fine of €130,000 on conviction on indictment. The fines for continuing offences are €600 per day for summary offences and €10,000 per day for indictable offences. A person convicted of a litter offence may also be required by the court to pay the local authority’s costs and expenses in investigating the offence and bringing the prosecution.
Penalties for more serious dumping offences provided for under the Waste Management Acts are also substantial. Persons who are found to be responsible for, or involved in, the unauthorised disposal of waste are liable to a maximum fine of €3,000 on summary conviction and/or imprisonment for up to 12 months, and to a maximum fine of €15 million on conviction on indictment and/or imprisonment for up to 10 years.
Notwithstanding the significant penalties currently in place, my Department is preparing legislative proposals that would provide for the introduction of on-the-spot fines for incidences of fly-tipping or small-scale illegal dumping. I expect to be in a position to submit proposed Heads of a Bill in this regard to Government for approval shortly. As part of a revision of regulation of household waste collection, all householders will be required to demonstrate that they are availing of an authorised waste collection service or are otherwise managing their waste in an environmentally acceptable manner.
Under article 12 of the Housing (Standards for Rented Houses) Regulations 2008, a dwelling let for rent must generally have access to suitable and adequate pest and vermin proof refuse storage facilities. Where there is more than one dwelling in a building, these facilities may be provided individually for each dwelling or a communal facility can be provided for the building provided it is suitable and adequate to collect and store the refuse in an appropriate manner between collections. The presentation of refuse for collection, the manner in which it is presented and any charges for collection are the responsibility of the tenant. As regards multi-unit developments, section 18 of the Multi-Units Development Act 2011 states that owners’ management companies are required to operate a scheme of annual service charges from which the management company may discharge ongoing expenditure on expenses including waste management services.
