Bernard Durkan (Kildare North, Fine Gael)
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Question 770: To ask the Minister for the Environment, Heritage and Local Government the number and location of landfill waste management facilities throughout the country that have been granted planning permission by the relevant local authorities and the number that were awarded licence to operate by the Environmental Protection Agency that have subsequently failed to comply with conditions; the action taken under existing legislation; if any legislative changes are deemed necessary arising from experience in such issues; and if he will make a statement on the matter. [48514/10]

John Gormley (Dublin South East, Green Party)
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The development and operation of a landfill is subject to the requirement to obtain a waste licence from the Environmental Protection Agency and planning permission from the local authority or An Bord Pleanála. The number and location of landfill sites which have a waste licence are available on the web site of the EPA at www.epa.ie. The operational requirements of landfills are detailed in waste licences issued by the EPA in respect of individual facilities. The monitoring of compliance with the conditions of waste licences is solely a matter for the EPA, and 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.

It is therefore a matter for the EPA to ensure compliance with waste licences issued, and to decide on the appropriate enforcement action in relation to any non-compliance matters. The Focus on Environmental Enforcement in Ireland report for the years 2006-2008, which is also available on the EPA web site, summarises the Agency's waste enforcement actions for that period. I am satisfied that the powers available to the Agency are sufficient for it to perform its enforcement role effectively.