Bernard Durkan (Kildare North, Fine Gael)
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Question 201: To ask the Minister for the Environment, Heritage and Local Government if current legislation is adequate to deal with breaches of regulations under waste management legislation with particular reference to compliance, restoration, clean up, pollution or other concerns; if his attention has been drawn to any such issues by the local authorities, the Environmental Protection Agency or other relevant bodies; if he has had any consultation with any such bodies or stakeholders in the public or private sectors; if he has issued any instructions, plans to issue instructions or orders arising from any such contacts; if his further attention has been drawn to any or many breaches of planning or waste permit regulations; the location of any such activity; the degree to which any costs arising are likely to be met by him or other bodies; and if he will make a statement on the matter. [44622/10]

John Gormley (Dublin South East, Green Party)
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The Environmental Protection Agency (EPA) and the local authorities are responsible for waste licensing and waste permitting, respectively, and enforce rigorously the conditions attached to licences and permits. It is a matter for the EPA and/or the local authorities to decide on the appropriate enforcement actions in relation to any non-compliance matters. Two Ministerial policy directions in relation to waste-related enforcement matters have issued under section 60 of the Waste Management Act 1996. Circular letter WIR 04/05, which issued on 3 May 2005, and Circular letter WPRR 04/08, which issued on 25 July 2008, addressed a range of issues including the intensification of action against illegal waste activity and the appropriate use of sanctions and deterrents to secure the required environmental outcome. Further information on these policy directions is available on my Department's website, www.environ.ie .

Under section 60(3) of the Waste Management Act 1996, however, I am precluded from exercising any power in relation to the performance, in particular circumstances, by a local authority or the EPA of a function conferred on it. I am satisfied that the powers available to the EPA and the local authorities for monitoring compliance with waste licences /permits and conditions are adequate, but will keep the matter under review and will take account of suggestions which bodies with enforcement responsibilities and other parties make from time to time in relation to aspects of the enforcement provisions of the Waste Management Acts.

Under planning legislation, the decision as to whether to grant a planning application, with or without conditions, is a matter for the relevant planning authority in the first instance and for An Bord Pleanála on appeal. Issues in relation to planning enforcement are raised with my Department from time to time but enforcement of planning control is a matter for the relevant planning authority, which can take action if a development does not have the required permission, or where the terms of a permission have not been met. Under section 30 of the Planning and Development Act 2000 I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement matter, with which a planning authority or An Bord Pleanála is or may be concerned.

Bernard Durkan (Kildare North, Fine Gael)
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Question 202: To ask the Minister for the Environment, Heritage and Local Government the position regarding the proposed incinerator at Ringsend; the degree to which his policy is embodied in the proposal; the extent to which landfill sites or other waste sites in the greater Dublin area comply with such policy; and if he will make a statement on the matter. [44623/10]

John Gormley (Dublin South East, Green Party)
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In accordance with the provisions of the Waste Management Acts, the preparation and adoption of a waste management plan, including in respect of infrastructure provision, is the statutory responsibility of the local authority or authorities concerned, and under section 60(3) of the Act I am precluded from exercising any power or control in relation to the performance by a local authority, in particular circumstances, of a statutory function vested in it.

However, it is the role of the Minister and Government to set the policy framework and I intend that Irish waste policy will focus on maximising what should be seen as a resource. It is against that background that I have expressed concerns regarding the potential implications of the large scale Poolbeg waste facility for the more progressive approach to waste management I am determined to pursue.

On 15 July 2010 I published a Draft Statement of Waste Policy for public consultation. This set out the various elements being considered as part of the development of a new national waste management policy for the coming decade and beyond, with a focus on a resource management approach. There will be clear implications for the provision of waste infrastructure, as waste is driven away from residual treatment and towards recycling and reuse.

The consultation closed on 1 October 2010 and I am currently considering the submissions received with a view to bringing a final policy statement to Government for decision at the earliest opportunity. This will provide certainty for those in the waste management sector and a framework within which the necessary legislative changes can be brought forward.

Bernard Durkan (Kildare North, Fine Gael)
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Question 203: To ask the Minister for the Environment, Heritage and Local Government the extent to which thermal or landfill waste management facilities already in existence are operating in compliance with planning conditions or his policy in such matters. [44624/10]

John Gormley (Dublin South East, Green Party)
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Thermal treatment and or landfill facilities are required to be licensed by the Environmental Protection Agency (EPA) under section 39(1) of the Waste Management Act 1996. The monitoring of compliance with the conditions of a licence is solely a matter for the EPA. Section 60(3) of the Waste Management Act 1996 precludes me from the exercise of 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. It is, therefore, a matter for the EPA to ensure compliance with any waste licence issued, and to decide on the appropriate enforcement action in relation to any non-compliance matters. The EPA has published statistics in relation to enforcement actions in its Focus on Environmental Enforcement in Ireland report which is available on the Agency's website www.epa.ie .

Under planning legislation, the decision as to whether to grant a planning application, with or without conditions, is a matter for the relevant planning authority in the first instance and for An Bord Pleanála on appeal. Enforcement of planning control is a matter for the relevant planning authority, which can take action if a development does not have the required permission, or where the terms of a permission have not been met. Under section 30 of the Planning and Development Act 2000 I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement matter, with which a planning authority or An Bord Pleanála is or may be concerned.