Fergus O'Dowd (Louth, Fine Gael)

I am very familiar with this issue and for several years have been concerned about the operation of the waste facility at Whiteriver, and about the whole issue of the incinerator at Carranstown and the history of how it came about. I certainly commend the residents on their activity in ensuring, particularly in recent years, any release of toxic or noxious gases into the air has been dealt with adequately by the Environmental Protection Agency, EPA, and Louth County Council working together. If the file is examined, one will see significant correspondence from the EPA to Louth County Council on the issue.

There are two interrelated issues of relevance to the matter raised by the Deputy. The first relates to the issue of what wastes are permitted to be deposited at the landfill site in question under the terms of its waste licence. The second concerns the determination of whether bottom ash produced at the incinerator in question is classified as hazardous or non-hazardous waste. Decisions on both issues are the responsibility of the Environmental Protection Agency. For the information of the Deputy and the House, it may be useful to set out the legislative position involved. Taking the issue of waste licensing first, the Minister for the Environment, Community and Local Government has no role in the licensing of landfill or incineration facilities or the enforcement of conditions attaching to these. As I have indicated, these are matters for the EPA. Under section 60(3) of the Waste Management Act 1996, the Minister is precluded from exercising any power or control with regard to the performance in particular circumstances by the agency of a statutory function given to it under the Act.

Major waste facilities, including incinerators and landfill sites, are subject to stringent environmental standards set out in national and European Union environmental and waste-specific legislation. The landfill facility concerned is licensed by the Environmental Protection Agency under the Waste Management Act 1996. The agency, when it decided to grant a licence for the facility, only would have done so on the basis that it was satisfied that, subject to compliance with the conditions of the licence, any emissions would not give rise to environmental pollution. It has significant oversight and enforcement powers to safeguard the environment and ensure compliance with waste licence conditions. The Minister is satisfied that a rigorous and risk-based enforcement regime, including emissions monitoring, inspections and audits, is actively pursued by the agency.

I wish to make it clear that on the question of whether the waste is hazardous or non-hazardous, the Environmental Protection Agency is directly concerned with the issue. While due process is under way within the agency, it has met representatives of the residents and when I expressed their concerns to it, it assured me it would be happy to meet them and ensure no hazardous waste would be dumped there. Certain wastes are automatically considered to be hazardous by virtue of their demonstration of certain properties. Other wastes not specifically identified also may be classified as hazardous on the basis of their properties. Determination in this regard is entirely a matter for consideration and decision by the EPA.

I understand the commissioning of the thermal treatment facility concerned is ongoing and that the normal testing of output from a facility's processes required as part of the licensing process is under way. The testing is necessary both to ensure the facility in question is compliant with the terms of its waste licence and the bottom ash produced may be appropriately disposed of in the landfill facility concerned, having regard to the terms of the licence. Pending approval from the Environmental Protection Agency to proceed with the disposal of bottom ash at the landfill site concerned, I understand the ash produced by the thermal treatment plant is being stored on-site and that it is a matter for the EPA to control all such matters in its capacity as the licensing authority. The point is the EPA will not issue a licence unless it deems it to be non-hazardous.

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