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Illegal Fuel Sales

Dáil Éireann Debate, Thursday - 27 September 2018

Thursday, 27 September 2018

Questions (181)

Brendan Smith

Question:

181. Deputy Brendan Smith asked the Minister for Communications, Climate Action and Environment if his attention has been drawn to the widespread illegal importation of smoky coal from Northern Ireland; the measures being implemented to deal with this illicit trade; and if he will make a statement on the matter. [39301/18]

View answer

Written answers

Local Authorities are primarily responsible for the enforcement of legislation on solid fuel including the ‘smoky coal’ regulations within their functional areas.  The powers that Local Authorities have in this area are extensive. For example: - Local Authority staff may undertake inspections of premises and vehicles being used for the sale and distribution of solid fuel as well as collect samples

- A Local Authority may bring a prosecution under the Air Pollution Act for breaches of the Regulations

- The maximum fine amounts for breaches of the Regulations is €5,000 on summary conviction

- Fixed payment notices (or ‘on the spot fines’) applied by the Local Authority are in operation for alleged offences relating to the marketing, sale and distribution of prohibited fuels in Low Smoke Zones (LSZs).

In addition, coal and low-smoke coal based products being offered for sale within the State must meet environmental specifications.  The National Standards Authority of Ireland (NSAI) has prepared an annual traceability audit system, known as SWiFT 7, for showing compliance these specifications. Bagging operators placing these products on the market must have the SWiFT7 certificate and must also register with the EPA.

My officials are also currently examining other enforcement options to ensure the continued success of the existing smoky coal ban in urban areas, including the establishment of multiagency teams. This is in line with other areas of environmental enforcement such as waste, where such an approach has proved successful.

Complaints regarding the sale of prohibited fuels, smoky emissions or other breaches of the regulations should, in the first instance, be reported to the Environment Section of the Local Authority concerned.

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