Fergus O'Dowd (Louth, Fine Gael)
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1413. To ask the Minister for Environment, Community and Local Government his views on issues raised in correspondence (details supplied) regarding sewage; and if he will make a statement on the matter. [31022/15]

Alan Kelly (Tipperary North, Labour)
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Under section 60(3) of the Waste Management Act 1996, I am precluded from exercising any power or control in relation to the performance by the Environmental Protection Agency or a local authority, in particular circumstances, of a statutory function vested in it, including enforcement functions. Issues concerning the enforcement of waste management legislation are a matter for the appropriate regulatory authority and should therefore be pursued with the Environmental Protection Agency (EPA) or the relevant local authority, as appropriate.

The sewage sludge composting facility in question is regulated and required to operate in accordance with planning permission granted by An Bord Pleanála and a Waste Facility Permit granted by the local authority in whose functional area is located.

The monitoring and enforcement of conditions attaching to planning permissions and waste permits are a matter for the relevant planning and local authority, respectively, and any suspected breach of the conditions attached to either should be brought to the attention of the relevant authority.

The Office of Environmental Enforcement (OEE) within the EPA has a mandate to deliver enhanced environmental compliance, both through enforcement of Agency licences issued to waste, industrial and other activities, and also through the supervisory role which it exercises in respect of the environmental protection activities of local authorities. A complaint may be referred further to the OEE in cases where a local authority has investigated a complaint and the problem persists.

It is understood that the facility in question has applied to extend its operations to include anaerobic digestion and that the proposed changes require planning permission and a Waste Licence ( issued by the EPA ). It is further understood that the facility has made an application to the EPA for such a licence. Should such a licence be issued, the OEE will be responsible for enforcing any conditions attached to that licence.

Additionally, if a breach of the Waste Management (Use of Sewage Sludge in Agriculture) Regulations 1998, as amended, is suspected, this should also be brought to the attention of the local authority in whose functional area the alleged breach takes place. Those seeking to spread sewage sludge are required under legislation to:

- Seek written acceptance for the suitability of spreadlands by submitting a Nutrient Management Plant to the Local Authority in whose area the sludge is to be recovered;

- Satisfy themselves as to whether a Waste Licence, Permit or Certificate of Registration is also required for their proposed spreading activity and apply to the relevant authority where necessary;

- Apply to the Local Authority in whose area the sludge is to be stored, as required under the Waste Management (Registration of Sewage Sludge Facility) Regulations 2010;

- Supply the information required for the Sludge Register to the Local Authority, in a format and frequency required by the Local Authority;

- Ensure that vehicles transporting the waste hold a Waste Collection Permit as required under the Waste Management (Collection Permit) Regulations 2007; and

- Investigate whether the activity of spreading, or the storage of sewage sludge requires Planning Permission.

In addition, local authorities require that the spreading of sewage sludge is subject to compliance with relevant codes of practice, e.g. Code of Good Practice for the Use of Biosolids in Agriculture.

Allegations regarding the contravention of Department of Agriculture, Fisheries and the Marine legislation or guidelines developed by bodies under its aegis are matters for that Department and those bodies, respectively.