Written answers

Tuesday, 24 May 2011

Department of Environment, Community and Local Government

Waste Management

6:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 234: To ask the Minister for the Environment, Community and Local Government if he will clarify the legislation in relation to waste management responsibilities for rented properties including whole houses, subdivided houses and multi-unit dwellings; his plans for further legislation regarding same; and if he will make a statement on the matter. [12331/11]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Under section 32(1A)(a) of the Waste Management Act 1996 it is the responsibility of the original waste producer or other waste holder to have waste collected, or to make appropriate arrangements for treatment, in accordance with the waste hierarchy.

Section 35 of the 1996 Act provides that a local authority may make bye-laws requiring a holder of household waste to present such waste, specifying sorting measures, quantities, location, times and other relevant matters. As such, it is a role of the relevant local authority to regulate the presentation of waste for collection, in alignment with the national, regional and local policy framework, for all categories of dwelling.

Under article 12 of the Housing (Standards for Rented Houses) Regulations 2008, a dwelling let for rent must generally have access to suitable and adequate pest and vermin proof refuse storage facilities. Where there is more than one dwelling in a building, these facilities may be provided individually for each dwelling or a communal facility can be provided for the building provided it is suitable and adequate to collect and store the refuse in an appropriate manner between collections. The presentation of refuse for collection, the manner in which it is presented and any charges for collection are the responsibility of the tenant.

As regards multi-unit developments, section 18 of the Multi-Units Development Act 2011 states that owners' management companies are required to operate a scheme of annual service charges from which the management company may discharge ongoing expenditure on expenses including waste management services.

I have no plans at this time to introduce further legislation in relation to this matter.

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