Finian McGrath (Dublin North Central, Independent)
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Question 147: To ask the Minister for the Environment, Community and Local Government if illegal burying of scrapped cars is in breach of environmental legislation. [31126/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Waste Management (End of Life Vehicles) Regulations 2006 provide the regulatory framework for the implementation of Directive No. 2000/53/EC on End of Life Vehicles in Ireland. This Directive sets out specific measures to be put in place in EU Member States in relation to the collection, storage, treatment, dismantling, re-use and recycling of end-of-life vehicles.

Under the Regulations, an end-of-life vehicle is to be treated in accordance with the minimum technical requirements set out in paragraphs 3 and 4 in the Second Schedule of the Regulations. The end-of-life vehicle must be treated at the earliest possible opportunity but in any case no later than 10 days after the date of deposit of the end-of-life vehicle at the authorised treatment facility, so as to reduce any adverse impact on the environment.

It should be noted that under the Second Schedule of the Regulations the appropriate treatment and recovery of an end-of-life vehicle is/shall only to be carried out at a site which has, amongst other infrastructure, impermeable surfaces in all areas which are provided with spillage collection facilities, decanters and cleanser-degreasers. In addition, these impermeable surfaces must be complemented by appropriate storage for dismantled spare parts; storage tanks for the segregated storage of end-of-life vehicle fluids; and equipment for the treatment of water, including rainwater, in compliance with health and environmental regulations.

The burying of end-of-life vehicles would not be in accordance with the technical requirements outlined above for the appropriate treatment of such vehicles at authorised treatment facilities and, as such, could be an offence under Article 18 of the Regulations.

Enforcement of the Regulations is a matter for the relevant local authority to consider in the first instance. However, if the issue concerns an authorised treatment facility licensed in accordance with Section 39 of the Waste Management Acts 1996-2011, then, under Article 33(2), enforcement of the Regulations becomes an issue for the Environmental Protection Agency.