Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I cannot accept this amendment. Waste collection companies are already obliged under the conditions of their permit to ensure that waste is disposed of only at appropriate licensed facilities. The amendment would force applicants for waste collection permits to enter into binding commercial contracts with waste disposal operations before they even have a collection permit and when there is no guarantee that their application would be successful. Such an obligation would be anti-competitive and also unfair. What would happen, for example, where such a collector had entered into a commitment with a waste facility operator to deliver a certain amount of waste for a certain price for a set period, whose application for a collection permit must be signed by a facility manager or equivalent appointed persons?

Waste collection companies must also provide details relating to the method of disposal of all waste collected by way of an annual return submitted to the National Waste Collection Permit Office. Failure to do that is a one strike offence automatically prompting a review of their waste permit by the National Waste Collection Permit Office.

It should also be noted that a waste collection vehicle may be stopped and inspected at any time by a local authority enforcement officer and be required to show proof of the destination for the treatment of the waste it carries. Any waste collector found to be disposing of waste in any unauthorised manner would be subject to a prosecution under the Waste Management Act, which could result in fines of up to €15 million and-or imprisonment of up to ten years. Such a conviction would also lead to the revocation of the waste permit and would result in the collector failing the proper person test being introduced by this Bill. That means that the collector would no longer be permitted to collect waste.

Rigorous enforcement of waste legislation is now sound economic policy, and the Government is committed to boosting growth while continuing to protect and improve the environment. The waste provisions in this Bill will make an important contribution to ensuring that the regulatory framework is sufficiently robust to ensure there is a level playing field for responsible businesses. The very strong focus on enforcement and driving high standards of compliance and service by collectors of waste will contribute to protecting and enhancing one of our vital assets, namely, our green image, which is essential for our tourism and food industries and for attracting inward investment.