Dáil Éireann Debate, Tuesday - 3 October 2017
491. Deputy Michael Harty asked the Minister for Communications, Climate Action and Environment his views on whether legislation is sufficiently robust to enable local authorities to combat illegal dumping such as at the site recently discovered at the scenic area of Bellharbour, County Clare; and if he will make a statement on the matter. [41465/17]
Amharc ar fhreagraThe 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 or imprisonment for up to 12 months, and up to a maximum fine of €15 million on conviction on indictment or imprisonment for up to ten 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. 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.
I have signed new Waste Management (Tyres and Waste Tyres) Regulations 2017, which introduced new regulatory structures for the tyre sector with effect from 1 October 2017. These regulations build on the allocation of €1 million to clean up stockpiles of waste tyres, which are illegally dumped around the countryside, potentially causing toxic fire threats and damage to human health.
