Jan O'Sullivan (Limerick East, Labour)
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Question 122: To ask the Minister for the Environment, Heritage and Local Government when he expects to receive the results of the Office of Environmental Enforcement audit of dump sites used between 1977 and 1996; when the planned regulations in relation to landowners whose land has been used for dumping will be prepared; when the total cost of the clean-up in relation to illegal dumping will be determined; if funding will be made available to local authorities in respect of this cost; and if he will make a statement on the matter. [16350/05]

Dick Roche (Wicklow, Fianna Fail)
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The policy direction which I have recently issued under section 60 of the Waste Management Act 1996 directs the local authorities to ensure that the requirements of section 22 of that Act are fully met in the current review of their waste management plans. Section 22 states that a waste management plan shall include information on: the identification of sites at which waste disposal or recovery activities have been carried on; the assessment of any risk of environmental pollution arising as a result of such activities; measures proposed to be taken, or, where such an assessment has already been made, measures taken, in order to prevent or limit any such environmental pollution; and the identification of necessary remedial measures in respect of such sites, and measures proposed to be taken, or, where such measures have already been identified, measures taken, to achieve such remediation, having regard to the cost-effectiveness of available remediation techniques. This exercise will be completed as part of the process of replacing the current waste management plans over the coming months.

There are no proposals for further regulations in regard to the sites of illegal waste activity. The section 60 ministerial policy direction sets out the steps to be taken in relation to such sites.

As regards clean-up costs in relation to illegal dumping, the regulatory authorities have been directed to pursue illegal holders of waste looking to the maximum potential sanctions available in law. In that regard, prosecutions should be taken in all cases using the powers available under the Waste Management Act, as amended, or other relevant legislation to maximise the deterrent factor. The Garda Síochána should be asked to become involved in regard to more serious offences and the prosecution of offences should be at the highest available judicial level.

In addition, a landfill levy, as is prescribed in the Landfill Levy Regulations shall be applied in all circumstances of disposal of waste by means of an unauthorised landfill activity after 1 June 2002; and local authorities should, where practicable, pursue civil remedies against illegal operators under the provisions of sections 55 to 58 of the Act to, for example, seek to recover the costs of measures taken to prevent or limit environmental pollution caused by the waste.

Clearly there may be cost implications in regard to the remediation of older sites which may not be amenable to recovery in the courts from those concerned. There may also be cost implications for closed sites which are in the ownership of local authorities. Pending the outcome of the section 22 process it is not possible to quantify the extent of future costs in this regard.