I wish to share my time with Deputy Broughan.
Adjournment Debate. - Waste Disposal.
Acting Chairman
That is agreed.
The information that an illegal dump with hospital waste and industrial waste has been found at Belcamp is extremely worrying. There are serious questions to be asked of a number of people and agencies concerning land ownership. The following questions must also be answered: when the dumping commenced; when it ceased; who did the dumping; did they have a licence or permit as required under EU Waste Regulations, 1979; was planning permission granted to the landowners to allow for dumping; and what went into the dump?
The area in which this dump was found, although now part of a major road, was originally a narrow country laneway, which was very quiet and generally not often used. It was lightly populated and dumping could have taken place without being observed. The IDA, which seems to be an innocent party, commenced the purchase of five plots of land in this area six years ago and finalised the last deal six months ago.
Last June, MC O'Sullivan commissioned a study by Ecosafe Systems Limited following the discovery by Pierse Contractors of waste material on two areas of land when they were laying the north fringe sewer for Dublin Corporation. This report was provided to Dublin Corporation yesterday, 5 December, and to the Fingal county manager this morning, 6 December.
It appears that in 1982 a private waste disposal company approached two landowners to use the land depression of a river to tip material. The problem arises because the private waste disposal company was clearly disposing of hazardous materials such as blood vials, plastic blood infusion pipes, syringes, bedpans and clinical waste. Also found were packing and labelling material from a number of factories in the general area, waste from Dublin Airport, oil drums from mechanical workshops and aeronautical mechanical parts. It appears this dumping ceased in 1985.
I have been informed by the IDA that the two areas affected by this dumping have been closed off and made safe in order that children and other people cannot gain access. Further investigations are continuing to ascertain the identity of the private waste disposer and what the two local people knew about what was being dumped on their lands. Legal advice is also being sought as to what actions, if any, can be taken against the disposal company and-or the landowners. Under the Waste Management Act, 1996, licences are required by people disposing of waste, those who offer their land for such disposal and those operating a dump. Section 59 gives local authorities responsibility for enforcing the Waste Management Act, and section 55 gives powers to local authorities to require those responsible for the land to remove and render safe such land where waste is causing environmental pollution.
It is not clear yet the full extent of acreage on which dumping took place, but it is interesting to note that before purchasing the land, the IDA carried out trial bore holes and found nothing. Dublin Corporation also carried out bore hole trials before work on the sewer commenced, and it also found nothing.
I thank my colleague, Deputy Owen, for giving me an opportunity to express the alarm and concern of my neighbours and myself about this matter. I am a resident of the area in Clonshaugh-Belcamp and I was shocked to hear that this amazing discovery had been made six months ago, in June. The main concern is that about 100 settled Traveller families live immediately south of this dump site in the Carrapark-Belcamp area, but nearly 4,000 households live alongside in Darndale, Belcamp, Priorswood, Clonshaugh and the Bonnybrook parishes of the Dublin Corporation administrative area. As one of those residents, I am amazed and bitterly disappointed that the city manager, John Fitzgerald, whose staff is directing the north fringe project, did not think it fit to bring this serious discovery to the attention of county councillors at the June meeting of our north central area committee or, at the latest, in the city council in July.
It is also extraordinary that the north fringe drainage project was restarted in early August with a different type of pipe and concrete supports through the affected territory without city or Fingal councillors being informed. Apparently the pipe was laid through this territory, with the waste material being moved to one side and the pipe being dropped in underneath it. It was then covered up again.
Both in physical and other terms, this appears to be a serious cover-up. The Minister, Deputy Dempsey, has a serious responsibility to find out what happened. Deputy Owen, in Fingal County Council, and I in Dublin County Council will ask serious questions of our county and city manager as to the reason we were not informed of this danger at the earliest possible opportunity in June and the reason at least 4,000 households were exposed to this danger for a further six months.
I thank Deputy Owen and Deputy Broughan for raising this matter this evening. I am aware of media reports today concerning the discovery of hospital and other waste on at least part of the 120 acre site at north County Dublin which is owned by the Industrial Development Authority. It has been suggested that this illegally dumped waste dates back to 1992.
My Department has not received a formal communication from Fingal County Council or the IDA on this matter. I understand that investigations are ongoing to determine the extent of waste disposal on this site and the implications arising, but it would appear that there is no recent dumping associated with the location. Because the site has been in IDA ownership since 1997, it would seem likely that all of the illegal activity concerned predated the Waste Management Act, 1996. Prior to the 1996 Act, each local authority was responsible for the planning, organisation, authorisation and supervision of the waste operations in their functional areas. Similarly, under the 1996 Act, functions in relation to waste regulation and its enforcement have been assigned to local authorities, or in relation to licensing of significant waste activities, to the Environmental Protection Agency. The Minister for the Environment and Local Government has no direct function in these matters.
With regard to unauthorised dumping generally, I share the widespread concern at the more recent cases that have come to light. Such activity is both illegal and grossly irresponsible. Local authorities must employ the necessary resources to ensure that they effectively oversee movement of waste and associated activities within their functional areas and take determined action, utilising the very significant powers and remedies available to them, to counter unauthorised activity.
To facilitate effective enforcement, environmental authorities have significant powers to enter and inspect lands and premises, and to board vehicles. There are very severe penalties in respect of illegal dumping. A person guilty of such an offence would be liable, upon conviction on indictment, to a fine of up to £10 million and-or up to ten years imprisonment. Even on summary prosecution, significant penalties can arise. This week, a contractor was fined and jailed for a total of 18 months in respect of three offences under the 1996 Act.
A land owner who is complicit in unauthorised dumping could be liable to prosecution in addition to the person disposing of the waste on the land, and could be required to properly dispose of the waste concerned and undertake any necessary environmental remediation. In the event of default, a local authority can act directly and recover the costs involved from the person concerned.
As Minister, I am taking a number of steps to support local authorities in taking effective action on unauthorised waste activities.
The introduction of the proposed landfill levy will generate significant revenues, and the Minister intends to direct much of this funding to support local authority enforcement initiatives in the waste area.
I am anxious that where a local authority uncovers evidence of systematic and large scale dumping, it should be referred to the Director of Public Prosecutions for an informed decision towards prosecution as a serious offence rather than dealt with as a summary offence. To that end, my Department has consulted the Office of the Director of Public Prosecutions to prepare guidelines for local authorities regarding relevant procedures and preparation of evidence.
In addition, my Department has formally requested the Criminal Assets Bureau to consider whether, in the public interest, they should investigate the possibility of systematic and illegal profiteering being involved in unauthorised waste dumping.
Recent regulations on permitting commercial waste collectors will also facilitate better control of waste movements and should prove valuable in combating illegal dumping. Permitting authorities will be entitled to refuse to grant a permit to an applicant found guilty of specified waste offences, including unauthorised dumping, and may revoke a permit that is granted.
Overall, I am satisfied that the relevant public bodies fully appreciate the seriousness of this problem, that recent cases will be rigorously pursued and that effective action will be taken against those responsible.