Emmet Stagg (Kildare North, Labour)
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Question 502: To ask the Minister for the Environment, Heritage and Local Government if he will clarify under existing law if the Environmental Protection Agency is responsible for taking over landfills which are causing major odour problems where the licensee goes into liquidation and that in addition to the use of bonds placed with the EPA when licences are granted the other financial reserves that are available to the EPA to ensure proper remediation of the landfill including waste removal where required and the provision of landfill gas collection structures. [30958/10]

John Gormley (Dublin South East, Green Party)
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The waste licensing of landfills is governed by the provisions of the Waste Management Acts 1996-2010 and associated regulations. The legislation provides that the EPA may impose conditions on a licence relating to the operation of facility, including requirements in relation to the closure, restoration, remediation and aftercare of the facility. The EPA is entitled to seek the necessary financial provisions, including the use of a bond or other form of security that will ensure the waste licence holder can meet the obligations of the licence. There are no specific provisions in the waste legislation providing for the taking over of a landfill where the licensee has gone into liquidation.

Waste legislation provides for a number of methods of dealing with environmental protection issues arising on sites where waste is held, recovered or disposed of. The EPA can issue a notice requiring the waste licence holder to carry out specified measures to limit environmental pollution at the site or can carry out operations itself to prevent or limit the pollution from waste sites, with costs recouped through the courts. The EPA can also apply to the High Court seeking specified measures to be carried out in cases where the holding, recovering or disposal of waste is causing environmental pollution.

The European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008) transpose the EU Environmental Liability Directive into Irish law. The EPA, as competent authority for the Directive and Regulations, may as a means of last resort exercise its discretion to take remedial measures itself where environmental damage has occurred in circumstances where an operator fails to comply with his or her obligations to take the remedial measures. The Regulations apply to occupational activities including the operation of landfill sites.

The Environmental Liability Regulations came into effect on 1 April 2009 and do not apply to damage caused by an emission, event or incident which took place before 1 April 2009 or derive from a specific activity that took place and finished before 1 April 2009.