Simon Coveney (Cork South Central, Fine Gael)
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Question 368: To ask the Minister for the Environment, Heritage and Local Government, further to Parliamentary Questions Nos. 382 and 383 of 17 February 2009, if the general and hazardous waste deposited at Haulbowline in the period 1977 to 2001 at all material times and currently was covered by a waste permit pursuant to Directive 75/442/EEC on waste; and if he will make a statement on the matter. [7654/09]

Simon Coveney (Cork South Central, Fine Gael)
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Question 369: To ask the Minister for the Environment, Heritage and Local Government, further to Parliamentary Questions Nos. 382 and 383 of 17 February 2009, if there is no waste permit, the person who is the lessor or owner of the former steelworks site at Haulbowline Island at present; if therefore they are in breach of Directive 75/442/EEC on waste; and if he will make a statement on the matter. [7655/09]

Simon Coveney (Cork South Central, Fine Gael)
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Question 370: To ask the Minister for the Environment, Heritage and Local Government his policy in relation to the dumping of toxic waste at the former Irish Steel site, in view of the fact that there was no licence issued in respect of the dumping of waste on the site; and if he will make a statement on the matter. [7656/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 368 to 370, inclusive, together.

In the context of the introduction of the licensing system provided for in the Environmental Protection Agency Act 1992, the facility in question applied to the EPA for, and was granted, an Integrated Pollution Control Licence. Such licences encompass the full range of environmental impact of an activity, including the management of waste arising as a result of the activity. However, the company went into liquidation before the conditions in the licence could be met and the liquidator could apply to the High Court to disclaim the IPC licence. The judgment, on 29 July 2004, found as a matter of fact that the IPC licence was granted after the company had ceased production of steel and that the conditions of the licence could not be applied retrospectively. A lacuna thus arose as regards the regulatory status of the facility. The resolution of this lacuna must involve a determination of the future use of the site and the appropriate regulatory arrangements that should apply to it.

My Department has continued to exercise responsibility for the care and maintenance of the site, the ownership of which is vested in the Minister for Finance. Cork County Council acts as the Department's agent in that regard. Elements of site clearance have been necessary to avoid negative environmental impacts and for health and safety reasons. It has also involved an extensive site investigation to determine the extent of environmental damage and to guide further Government consideration of the future development and use of the site. These activities have been carried out in close consultation with the EPA and Cork County Council, which are the appropriate environmental regulatory authorities. I will bring proposals to the Government on the future utilisation of the site soon. The resulting decision will indicate the further regulatory requirements which may need to be met.