Dáil Éireann Debate, Tuesday - 10 May 2005
472 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government if his recently announced directive on illegal waste of 3 May includes a requirement to remove non-hazardous waste; and if he will make a statement on the matter. [15378/05]
Amharc ar fhreagra473 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government if his recently announced directive on illegal waste of 3 May 2005 includes waste, hazardous and non-hazardous, at landfills which, although owned by public authorities, would not have been licensed between 1975 and 1996 as there was no EU directive requiring licensing since 1975; and if he will make a statement on the matter. [15379/05]
Amharc ar fhreagra474 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government the number landfills that did not have a licence since 1975; the number of such landfills, closed or still operating; and if he will make a statement on the matter. [15380/05]
Amharc ar fhreagra476 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government the number and location of landfills in the ownership and control of local authorities that were unlicensed at 1 June 2002; when same were licensed; and if he will make a statement on the matter. [15464/05]
Amharc ar fhreagraI propose to take Questions Nos. 472, 473, 474 and 476 together.
Under section 60 of the Waste Management Act 1996, the Minister may, whenever he or she thinks proper, give general directions in writing to the EPA, or each local authority as to policy in relation to aspects specified in section 60(1). Section 60(2) requires the agency or each local authority concerned, as the case may be, in performing its functions under the Act to have regard to any directions given to it by the Minister under that section. The powers conferred by section 60, however, do not extend to individual cases, and section 60(3) precludes the Minister from exercising any power or control in relation to the performance in particular circumstances by the EPA or a local authority of a function conferred on it by or under the Act.
The policy direction issued on 3 May 2005 applies to both hazardous and non-hazardous waste and it states that the principal aim in dealing with illegal waste sites should be to secure the protection of the environment and human health. The aim in all cases should be the making safe of the site, including the removal of waste where required as a consequence of a risk based assessment. In particular, all hazardous waste which is detected shall be removed and recyclable material shall be removed unless it can be shown that there are alternative environmentally sustainable options.
In the case of lands proximate to existing or planned residential development or educational facilities, the directive states that illegal waste shall be removed, in the shortest practicable time, except only where it is shown that an alternative solution provides greater protection to the environment and the health of the local population.
With regard to sites owned by public authorities and which were not licensed between 1975 and 1996, the policy direction directs the local authorities to ensure that the requirements of section 22 of the Waste Management Act 1996 are fully met in the current review of their waste management plans. Section 22 states that a waste management plan shall include information on the identification of sites at which waste disposal or recovery activities have been carried on; the assessment of any risk of environmental pollution arising as a result of such activities; measures proposed to be taken or, where such an assessment has already been made, measures taken to prevent or limit any such environmental pollution; and the identification of necessary remedial measures in respect of such sites, and measures proposed to be taken or, where such measures have already been identified, measures taken to achieve such remediation, having regard to the cost-effectiveness of available remediation techniques. As of 1 June 2002, all operating landfills in the ownership and control of local authorities were licensed.
