Conor Lenihan (Dublin South West, Fianna Fail)

The Deputies' concerns have also been raised with me as a representative of the Brittas area. Councillor John Hannon has taken the matter up directly with South Dublin County Council.

Less than 1% of waste generated in Ireland in 2006 was hazardous but I accept this waste presents a significant threat to the environment and human health if it is not properly managed. The necessary legislation concerning the management of waste, including hazardous waste, already exists. Under the Waste Management Acts 1996 to 2008, a seamless chain of control exists covering general duties on producers or holders of waste, persons who collect or transport waste and concerning the disposal or recovery of waste.

Under section 32, a person shall not hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. Where the holder carries out any transport, recovery or disposal, the relevant provisions of the Act for such activities apply with supervision or overall management of the activity being a matter for the relevant local authority, or the Environmental Protection Agency, as appropriate. Local authorities have substantial powers to enable them to tackle problems associated with the disposal of hazardous waste. Under section 55 of the Waste Management Act, a local authority has the power to order measures to be taken in the disposal of waste as they see fit. Section 56 also empowers local authorities to directly take appropriate actions to prevent or limit environmental pollution caused by waste.

The Environmental Protection Agency has statutory responsibility for the preparation and review of the national hazardous waste management plan. As part of the current review, a proposed plan, covering 2008 to 2012, has been through a public consultation process and is due to be published shortly.

Under section 26 of the Waste Management Act, Ministers, local authorities and relevant public authorities are required to have regard to the plan and, when they consider it appropriate to do so, to take measures to implement or otherwise give effect to recommendations contained in it.

Some 48% of the 284,000 tonnes of Irish hazardous waste generated is exported for treatment and disposal abroad, mostly for thermal treatment. The balance is treated on-site at industrial facilities or in a network of 15 authorised hazardous waste treatment facilities in Ireland. The primary objectives of the proposed national hazardous waste management plan are to prevent and minimise hazardous waste and to manage in an environmentally sound manner the hazardous waste which cannot be prevented.

I presume the Deputies' interest in this matter is prompted by recent media reports concerning the management of hazardous material being held by a private company, Rentokil. The company, as holder of the material, has the statutory responsibility to resolve this matter not only under the Waste Management Act 1996, but also under the Safety Health and Welfare at Work Acts 1989 and 2005, the Dangerous Substances Act 1972, the Protection of the Environment Act 2003 and accompanying regulations and licensing regimes. The Minister for the Environment, Heritage and Local Government has no function in this regard.

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