Seanad debates

Wednesday, 24 October 2018

Commencement Matters

Illegal Dumping

10:30 am

Photo of Michael D'ArcyMichael D'Arcy (Wexford, Fine Gael) | Oireachtas source

I thank Senator Boyhan for raising this matter as it is important, at both local and national levels, how such matters are being dealt with.

The role of the Department of Communications, Climate Action and Environment is to provide a comprehensive legislative and waste policy framework through which the enforcement authorities operate. Under section 60(3) of the Waste Management Act 1996, the Minister for Communications, Climate Action and Environment, Deputy Bruton, is precluded from exercising any power or control regarding the performance by the Environmental Protection Agency or a local authority in particular circumstances of a statutory function vested in it. Notwithstanding this fact, the Department is aware of waste management issues regarding the site at Bunnamayne, Bridgend, and the response to these issues by Donegal County Council.The local authority has had extensive involvement with various statutory stakeholders, landowners and other parties in respect of these matters. Following investigations which involved the excavation of trial pits at the site, Donegal County Council issued a section 55 notice in 2011 which covered a portion of the site in which waste material was found to have been deposited illegally. On foot of the section 55 notice, this waste was removed from the site.

The council carried out further extensive investigations on other areas of the site and on adjoining lands in 2015 with the co-operation of the EPA, with a view to obtaining evidence as to the extent of any further areas of waste deposition. The council continues to work with the EPA and the Department in order to determine any further risk to the environment and to identify remedial measures that may need to be put in place at this location. To support this, the Department has granted €104,000 of landfill remediation funding in 2017 in respect of two sites, including Bunnamayne, Bridgend. A total of €8,000 was used to complete the first stage risk assessment, or tier 1 assessment, in 2017. In 2018 the Department granted €80,000 of funding to Donegal County Council under the landfill remediation programme for the completion of the second stage risk assessment, or tier 2 assessment. The site in question is the subject of ongoing enforcement action for illegal waste activity and, as such, it would be inappropriate to comment on matters which may ultimately be brought before the courts.

With respect to support being provided by the Department to Donegal County Council in respect of this site, as the former Minister, Deputy Naughten, stated, funding has been allocated to complete the environmental risk assessment process. The risk assessment process is completed in accordance with the EPA code of practice which was developed in 2007 to manage landfill remediation sites. The environmental risk assessment works are comprised of a three-tier risk assessment process to inform the remediation that may be required. The first-tier risk assessment involves a review of all available data, helps to create a conceptual site model and informs the prioritisation of environmental risks posed. The second-tier risk assessment involves site investigation works and testing of the site itself. On completion of this stage, a third-tier risk assessment allows for a refined conceptual site model to be created and a final quantitative risk assessment to be completed. This determines the level of environmental risk posed by the site and identifies what necessary remedial works or management systems need to be specified and put in place to militate against any environmental risk posed.

At the Bunnamayne, Bridgend, site, significant work has already been undertaken to conclude a tier 1 risk assessment. This has included extensive trial pitting and trenching on the site. The testing has helped to inform the risk assessment process. The tier 1 report is currently being considered by Donegal County Council and will be forwarded to the Department of Communications, Climate Action and Environment and the EPA for consideration in due course. The works to inform the next stage of managing the site, the tier 2 risk assessment, is under way and due for completion this year.

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