Dáil Éireann Debate, Tuesday - 27 March 2018
506. Deputy Jan O'Sullivan asked the Minister for Communications, Climate Action and Environment the body that has responsibility to protect the public from air pollution from domestic chimneys; if a complaint can be made to the local authority, the Environmental Protection Agency, EPA, or another body; the measures that can be taken to ensure compliance; and if he will make a statement on the matter. [13909/18]
View answerSection 24(2) of the Air Pollution Act, 1987, stipulates that an occupier of any premises must not cause or permit a chimney emission in such a quantity, or in such a manner, as to be a nuisance. Section 26 of the same Act gives the Local Authority powers to serve a notice on the occupier of any premises from which there is an emission, where it appears necessary in order to prevent or to limit air pollution. It is a matter for the Local Authority to exercise its judgement in any individual case as to whether a nuisance is being caused, and if so, what abatement action is required. In circumstances where a complaint has been made to the relevant Local Authority and the complainant is not satisfied with the action taken by that Authority, a further complaint can be made to the Environmental Protection Agency (EPA). The EPA will review the Local Authority's performance and assist where possible. The EPA will not become involved until the relevant Local Authority has first been given an opportunity to investigate the complaint. Information on how to make an environmental complaint has been prepared by the EPA and can be viewed on the EPA website, www.epa.ie/enforcement/report/.
