Emmet Stagg (Kildare North, Labour)
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Question 195: To ask the Minister for the Environment, Heritage and Local Government if he has received correspondence regarding the stench emanating from a landfill at Kerdiffstown, Naas, County Kildare; if his attention has been drawn to injunctions and other court hearings involving same; his views on whether the Environmental Protection Agency Acts and Waste Management Acts need to be amended to allow the Environmental Protection Agency to move immediately to close down landfills causing such odour pollution in view of the cumbersome legal route required to take action and will he give a commitment to amend the law in this area. [17327/10]

John Gormley (Dublin South East, Green Party)
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I have received correspondence in relation to this particular landfill facility , which is licensed to operate by the EPA, as is required under section 39(1) of the Waste Management Act 1996 (as amended). The monitoring of compliance with the conditions of the licence is solely a matter for the EPA and is not one in which the Minister has a role. Indeed, section 60(3) of the Waste Management Act 1996 precludes the Minister from exercising any power or control in relation to the performance, in particular circumstances, by a local authority or the EPA of a function conferred on it. In this particular case, it is therefore a matter for the EPA to ensure compliance with the waste licence issued, and to decide on the appropriate enforcement action in relation to any non-compliance matters. I am satisfied that the powers available to the Agency are sufficient for it to perform its enforcement role effectively.