Written answers

Tuesday, 3 July 2018

Department of Communications, Climate Action and Environment

Illegal Dumping

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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418. To ask the Minister for Communications, Climate Action and Environment his plans to introduce minimum fines for illegal dumping, particularly in cases in which waste companies are involved; and if he will make a statement on the matter. [28652/18]

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent)
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Waste legislation does not provide for minimum fines as the approach of the Oireachtas has generally been to specify in law a maximum penalty for an offence, so that a court, having considered all the circumstances of a case, may impose an appropriate penalty up to that maximum.

Penalties under the Waste Management Act are already substantial. Persons who are found to be responsible for, or involved in, the unauthorised disposal of waste are liable to a maximum fine of €5,000 on summary conviction and-or imprisonment for up to 12 months, and to a maximum fine of €15 million on conviction on indictment and/or imprisonment for up to 10 years.​​

There have been instances of individuals jailed for offences committed under the Waste Management Act and in 2015 the Environmental Protection Agency secured a record €20 million fine against a company for causing pollution at a former landfill in County Kildare.

My Department has previously issued a policy direction to local authorities which remains in force, instructing them to pursue illegal holders of waste in accordance with the maximum potential sanctions available under the law in order to maximise the deterrent factor and aim to eliminate the economic benefit deriving from such illegal activity.

At the recent launch of the anti-dumping awareness campaign for Connacht-Ulster, I stated that current financial penalties for littering were being increased from €150 to €250 and that legislation needed to be strengthened to deal with repeat offenders.  I also highlighted a pilot project currently running in Sligo County Council, where the local authority is requesting customer Eircodes from waste collectors to ensure that people are disposing of their waste responsibly. It is my intention that this project would be rolled out nationally in due course and would be supported by necessary bye-laws requiring householders to retain their receipts as proof of how they are disposing of their waste.  

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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419. To ask the Minister for Communications, Climate Action and Environment if funds have been allocated to clear illegal dumping sites, particularly those near the coast as publicised in the media (details supplied). [28653/18]

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent)
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Since coming into office, illegal dumping is an issue that I have actively dealt with through significant funding increases and supports for local authorities. My Department works closely to support and assist local authorities in tackling difficult enforcement challenges, alleviating environmental risk and prosecuting cases in the appropriate courts.

  Issues concerning the enforcement of waste legislation are statutory matters for local authorities or the Environmental Protection Agency as appropriate, which both have significant powers under waste regulations to secure compliance from waste operators. The role of my Department is to provide a comprehensive legislative and policy framework through which the enforcement authorities operate.

Notwithstanding this, State intervention and support has been required and continues to be required for the remediation of sites where for a variety of reasons the parties responsible for the illegal dumping cannot be readily pursued and where the polluter pays principle cannot be applied. It remains a matter of policy that where the competent authorities concerned under waste legislation are obliged to step in and secure the protection of human health and the environment, my Department will support the authorities concerned in this task and an allocation of €11 million has been made available to support the remediation of historic or unauthorised landfill sites across the State this year.

I describe illegal dumping as economic and environmental treason. That is why I asked my officials to develop the anti-dumping initiative to target those who are responsible for the unauthorised movement and disposal of waste and to reduce incidents of illegal dumping nationally. This is being achieved by providing funding for projects tackling the problem including the provision of support for monitoring and surveillance, both covert and overt, of dumping black-spots and the development of an integrated and effective approach to dealing with this issue using a collaborative approach with local authorities, communities and other State Agencies. By the end of this year over 400 anti-dumping projects will have been completed nationwide supported by funding of €3.3 million from my Department.

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