Michael D Higgins (Galway West, Labour)
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Question 115: To ask the Minister for the Environment, Heritage and Local Government the steps he will take at national level to tackle the illegal dumping of construction waste, which was cited by the Office of Environmental Enforcement's report, The Nature and Extent of Unauthorised Waste Activity in Ireland; and if he will make a statement on the matter. [30369/05]

Michael D Higgins (Galway West, Labour)
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Question 125: To ask the Minister for the Environment, Heritage and Local Government if a national waiver system for refuse collection will be established in view of claims by the office of environmental enforcement that a significant proportion of the population are illegally dumping or burning waste; and if he will make a statement on the matter. [30368/05]

Ruairi Quinn (Dublin South East, Labour)
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Question 140: To ask the Minister for the Environment, Heritage and Local Government if he will provide funding to local authorities to deal with the investigation and clean-up of the 25 illegal dumping sites identified in the EPA report, The Nature and Extent of Unauthorised Waste Activity in Ireland; the steps he will take in relation to the clean-up and investigation of the historical illegal dumping sites not included on the EPA list; and if he will make a statement on the matter. [30385/05]

Pádraic McCormack (Galway West, Fine Gael)
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Question 149: To ask the Minister for the Environment, Heritage and Local Government the action he will take following the publication by the office of environmental enforcement of its report, The Nature and Extent of Unauthorised Waste Activity in Ireland; and if he will make a statement on the matter. [30355/05]

Róisín Shortall (Dublin North West, Labour)
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Question 187: To ask the Minister for the Environment, Heritage and Local Government the actions he will take to provide stricter enforcement against backyard burning of household waste; the further action he will take in relation to the use of illegal waste collectors; and if he will make a statement on the matter. [30390/05]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 115, 125, 140, 149 and 187 together.

I welcome the publication of this report which also sets out an action plan to deal further with unauthorised waste activity in Ireland. The Office of Environmental Enforcement, through its national enforcement network, will co-ordinate the implementation of this plan. The network has, for example, on 18 and 19 October 2005 organised a national conference on waste enforcement for local authority personnel and other stakeholders, including officials from my Department and representatives of the regulatory authorities in Northern Ireland, to consider further the prioritisation of the required actions. Additional enforcement initiatives are being planned, including targeted efforts to deal with the construction and demolition waste aspects highlighted in the report. Certain of the initiatives fall to be considered by my Department and these will be dealt with as soon as possible and in conjunction with OEE priorities.

The office is continuing to seek information about unauthorised waste activity, both past and present, and a confidential waste information line is being established to facilitate any individuals or organisations that wish to provide information to the OEE about illegal dumping of waste.

The issue of investigation and remediation associated with illegal waste deposition has been dealt with in the recent policy direction which I issued under section 60 of the Waste Management Act 1996. The direction requires that regulatory authorities pursue illegal holders of waste looking to the maximum potential sanctions available in law. In addition, the direction requires that local authorities, where practicable, pursue civil remedies against illegal operators, as provided for the Waste Management Act, including for purposes of recovering the costs of remediation measures taken.

In regard to landfills which are now closed but which when in operation complied with the then existing legal requirements, a statutory direction issued by me has reminded local authorities of their statutory obligation to identify and risk assess all such facilities having regard to modern environmental standards. The EPA is preparing a methodology to assist in the risk assessment phase of this process. The environmental and financial implications of this landfill legacy will be further considered when this investigation has been advanced.

I am satisfied that there is an effective regulatory and enforcement regime in place to deal with both backyard burning and illegal waste collectors. The Air Pollution Act 1987 prohibits the occupier of any premises from causing or permitting an emission of a pollutant into the atmosphere in such a quantity or manner as to be a nuisance. The Act empowers local authorities to prevent or limit air pollution and provides for penalties including fines and-or imprisonment upon conviction. In addition, section 20 (5) of the Fire Services Act 1981 provides that a fire authority may serve a fire safety notice on the owner or occupier of land on which a flammable, explosive or potentially explosive substance is used, stored or deposited adjacent to buildings in such a manner as to represent a serious danger to life. The fire safety notice may require that specified measures be taken to reduce the level of danger.

The Waste Management Act 1996 also places a general duty on the holder of waste not to hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. Persons who are found to be responsible for or involved in the unauthorised disposal of waste are liable to the following penalties: on summary conviction to a fine not exceeding €3,000 and-or imprisonment for up to 12 months; and on conviction on indictment to a fine not exceeding €15 million and-or imprisonment for up to ten years.

Local authorities are also empowered under Part VII of the Local Government Act 1994 to make by-laws in the interests of the common good of the local community that any activity should be regulated or controlled. It is a matter for the local authority concerned to determine the nature and extent of any waiver scheme in respect of waste management charges.