The primary responsibility for the management of any waste, including costs for removal or disposal, lies with the holder of the waste, i.e. the natural or legal person in possession of the waste, or the producer of the waste. The Waste Management Act 1996 (as amended) imposes a general duty of care on holders of waste, under which a person may not hold, transport, recover or dispose of waste in a manner that causes, or is likely to cause, environmental pollution. Penalties for serious dumping offences provided for under the Waste Management Acts are 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.
Enforcement actions against illegal waste activity are statutorily a matter for the local authorities and the Office of Environmental Enforcement within the Environmental Protection Agency (EPA). I understand that the local authority concerned continue to engage with the EPA with respect to this complaint. As the statutory agency with responsibility for enforcement of waste legislation, the EPA is the appropriate agency for adjudicating on and pursuing such cases.
Under section 60(3) of the Waste Management Act 1996, as Minister, I am precluded from exercising any power or control in relation to the performance by the EPA or a local authority, in particular circumstances, of a statutory function vested in it, including enforcement functions.
