Written answers

Tuesday, 28 June 2005

Department of Environment, Heritage and Local Government

Local Authority Functions

10:00 pm

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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Question 89: To ask the Minister for the Environment, Heritage and Local Government if he has considered giving local authorities a specific role in the effort to reduce emissions output. [22336/05]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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Local authorities have a role in controlling emissions to air and water. With regard to emissions to air, under the Air Pollution Act 1987, primary responsibility for monitoring air quality, as well as the nature, extent and effects of emissions, rests with local authorities. Statutory responsibility for the enforcement of the Act is vested in local authorities which are empowered to require measures to be taken to prevent or limit air pollution. They may direct a person on whom notice is served to take such measures as may be specified to prevent or limit air pollution.

With regard to emissions to water, local authorities, as statutory pollution control authorities, have a key role to play in protecting water resources. The necessary powers to fulfil these responsibilities are provided for in the Local Government (Water Pollution) Acts 1977 and 1990 — the principal legal framework for the prevention of water pollution. Local authorities which license point sources, other than those licensed by the Environmental Protection Agency, can attach specific pollution conditions in licensing effluent discharges to waters or sewers from industry.

All appropriate conditions for environmental protection, monitoring and so forth are attached to licences, including emission limit values, ELVs, and minimum standards. ELVs are set at a level which provides a high level of environmental protection and which complies with European Community legislation, where relevant.

The Water Quality (Dangerous Substances) Regulations 2001 provide that licences granted by the Environmental Protection Agency or local authorities under the Local Government (Water Pollution) Act 1977, the Environmental Protection Agency Act 1992 or the Waste Management Act 1996 must reflect the prescribed standards. The standards had immediate effect, as and from 1 July 2001, for new licence applications. Existing licences had to be reviewed and, where necessary, revised to meet the prescribed standards within five years of that date. The regulations place an onus on the Environmental Protection Agency and on local authorities to ensure that the standards are complied with by 31 December 2010 and that, where the existing condition of waters does not meet a particular standard, there is no disimprovement in water quality in the meantime.

The role of local authorities on climate change is set out in chapter 10 of the national climate change strategy, a copy of which is available in the Oireachtas Library.

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