Gerry Adams (Louth, Sinn Fein)
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Question 383: To ask the Minister for the Environment, Community and Local Government the research undertaken to determine if incinerator bottom ash is classified as hazardous or non-hazardous. [34305/11]

Gerry Adams (Louth, Sinn Fein)
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Question 384: To ask the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that there is an increasing body of evidence which suggests that bottom ash from incineration is eco-toxic; and if he agrees that the authorities should proceed on the basis that bottom ash is hazardous until it has been shown to be otherwise. [34306/11]

Gerry Adams (Louth, Sinn Fein)
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Question 385: To ask the Minister for the Environment, Community and Local Government the steps he has taken to ensure that the incinerator bottom ash which is due to be dumped at Whiteriver landfill, operated by Louth County Council, is non-hazardous and will not pose a danger to the health and safety of local residents. [34307/11]

Gerry Adams (Louth, Sinn Fein)
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Question 386: To ask the Minister for the Environment, Community and Local Government the steps he will take to ensure that no incinerator bottom ash is dumped at the Whiteriver landfill facility operated by Louth County Council until further study has been completed to assess definitively its potential dangers. [34308/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 383 to 386, inclusive, together.

I have no role in relation to the licensing of landfill facilities or the enforcement of conditions attached to licences, which are matters for the Environmental Protection Agency. Under section 60(3) of the Waste Management Act 1996, the Minister is precluded from exercising any power or control in relation to the performance in particular circumstances by the Agency of a statutory function given to it under the Act.

Major waste facilities are subject to stringent environmental standards set out in national and EU environmental and waste-specific legislation. The Agency has significant oversight and enforcement powers in order to safeguard the environment and to ensure compliance with waste licence conditions. I am satisfied that a rigorous and risk based enforcement regime, including emissions monitoring, inspections and audits, is actively pursued by the Agency.

The properties which render waste hazardous are laid down in Annex III of the Waste Framework Directive and are further specified by a European Commission Decision which established a List of Wastes. The List of Wastes is currently under review; however, no decisions concerning the reclassification of incineration byproducts or any other wastes have been made to date. The determination of waste as hazardous, or otherwise, is a matter for the Environmental Protection Agency, and my Department maintains regular contact with the Agency in relation to relevant developments at EU level.

As regards the disposal of bottom ash at the landfill facility concerned, I note that Louth County Council has stated that such material will be accepted only with the approval of the Agency, which is conducting rigorous testing and monitoring to ensure the material is suitable.