James Reilly (Dublin North, Fine Gael)
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Question 802: To ask the Minister for the Environment, Heritage and Local Government in view of the uncertainty over the proposed incinerator plant at Ringsend, Dublin 4 and the fact the Ireland has an obligation under EU Regulation to divert biodegradable waste from landfill 23% to be diverted by 2010 and 64% by 2016, the provision made in his budget for the fines that will be imposed if we fail to meet the required targets on time; the level of fines that Ireland may have to pay if his Department are unsuccessful in arranging for Ireland to meet its obligations to divert waste from landfills; and if he will clarify the bodies that will be liable such as central government or local councils who currently wish to proceed with the original incinerator plan which will fulfil waste diversion targets if its built; and if he will make a statement on the matter. [15822/10]

John Gormley (Dublin South East, Green Party)
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Potential fines that may be imposed by the European Court of Justice (ECJ) in respect of non-compliance with EU legislation are determined by a number of variable coefficients, the value of which is determined at the discretion of the ECJ. Accordingly, it is not possible to predict specific penalties with certainty for any given breach of legislation, notably legislation in respect of which the compliance timeframe has not expired.

My focus is on making sure that Ireland meets its obligations and avoids the imposition fines. A range of policies and measures are already in place, and being developed, to deliver sustainable, resource based waste management policy and practice and to ensure that waste materials which can be reused and recycled are not drawn to largescale residential waste treatment facilities. I am determined to take whatever further steps may be necessary to ensure compliance with the Landfill Directive's targets.

Bernard Durkan (Kildare North, Fine Gael)
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Question 803: To ask the Minister for the Environment, Heritage and Local Government the number of complaints submitted to the Environmental Protection Agency and local authorities arising from the operation of landfill sites on an annual basis over the past five years to date; the degree to which a satisfactory follow up was achieved; the extent, if any, to which no action took place; the reasons therefor; the legislative changes, if any, required in such circumstances; and if he will make a statement on the matter. [15825/10]

John Gormley (Dublin South East, Green Party)
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The EPA's report"Focus on Environmental Enforcement in Ireland - A report for the years 2006 - 2008"summarises enforcement activities including waste related enforcement activities by both the Agency itself and the local authorities. The full range of waste related enforcement activities is explained in Chapter 2 of the Report. Relevant extracts may be downloaded from the Agency's website, epa.ie or hard copies may be purchased by contacting the EPA Publications Office by telephone on 01-2680100 or email at publications@epa.ie

While I have no immediate plans for legislation change in regard to enforcement, performance in this area remains under regular review. In July 2008 I issued a policy direction under section 60 of the Waste Management Acts, which sets out the required elements of an enforcement policy and requires that policies be directed towards the achievement of outcomes defined in specific terms such as the cessation of illegal activity by the use of legal powers.