Eric Byrne (Dublin South Central, Labour)
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Question 352: To ask the Minister for the Environment, Community and Local Government if the Environmental Health Authority will investigate and follow up numerous complaints made to it by a person (details supplied) in Dublin 8 about a garage which is emanating pollutants; and if he will make a statement on the matter. [13621/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Section 24(1) of the Air Pollution Act 1987 requires commercial premises to use the best practicable means to limit and, if possible, to prevent emissions from such premises. Section 24(2) of the Act stipulates that an occupier of any premises must not cause or permit an emission in such a quantity, or in such a manner, as to be a nuisance. As statutory responsibility for the enforcement of the Air Pollution Act is vested in the relevant local authority, the matter concerned should be pursued with the Air Quality Monitoring and Noise Control Unit of Dublin City Council.

Local authorities are independent statutory bodies that carry out their duties under a legislative framework covering all areas of local authority's activities. However, local authorities are not unaccountable, and there are administrative and statutory measures in place to hold them to account, should a person be dissatisfied with the way they are performing their duties. When a member of the public is dissatisfied with an action (or lack thereof) of a local authority in relation to environmental maters, a formal complaint can be made to the Environment Director of Service or the Head of Corporate Affairs in that authority.

In addition, the Office of Environmental Enforcement (OEE) of the Environmental Protection Agency supervises the environmental protection activities of local authorities through auditing their performance, providing advice and guidance, and, in appropriate cases, giving binding directions. This function includes supervising the enforcement of air pollution legislation by local authorities. In this regard, the OEE is an avenue of complaint for members of the public who are dissatisfied with a local authority response to an environmental complaint they have made. The OEE can be contacted at 1890 335599 or through the EPA's website, www.epa.ie. Finally, a member of the public dissatisfied with any service they have received from a local authority may make a formal complaint to the Office of the Ombudsman by contacting 1890223030 or through alternative contact arrangements at www.ombudsman.gov.ie.