Róisín Shortall (Dublin North West, Social Democrats)
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780. To ask the Minister for Communications, Climate Action and Environment the precise role of each State organisation in the enforcement of conditions attached to waste licences, waste permits, illegal dumping and other related waste laws; and the way in which he plans to strengthen enforcement in this area. [30893/18]

Denis Naughten (Roscommon-Galway, Independent)
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Issues concerning the enforcement of waste legislation are statutory matters for local authorities or the Environmental Protection Agency (EPA) as appropriate, who both have significant powers under waste regulations to secure compliance by waste operators. The role of my Department is to provide a comprehensive legislative and waste policy framework through which the enforcement authorities operate.

Under section 60(3) of the Waste Management Act 1996, as Minister, I am precluded from exercising any power or control in relation to the performance by the Agency or a local authority, in particular circumstances, of a statutory function vested in it.

The primary objective of local authorities in terms of waste enforcement is to achieve regulatory compliance in relation to waste activities in the local authority’s functional area. This covers a wide range of roles, including regulatory enforcement, undertaking inspections and taking appropriate measures to bring relevant parties into compliance, addressing unauthorised waste activities and responding to environmental complaints.

It is a matter for each individual local authority in the first instance to deal with any instances of illegal disposal of waste in their area and to take the appropriate enforcement action. Local authorities have significant powers available to them under the Waste Management Act, to enable them to tackle illegal waste activity. This includes the power to investigate complaints, prosecute offences, apply to the Courts for the imposition of fines, enter onto and inspect premises where there are reasonable grounds for believing that there is a risk of environmental pollution, direct a holder of waste to dispose of it in a certain way within a specific timeframe and monitor and inspect waste holding, recovery and disposal facilities.

Local authorities are assisted by three Waste Enforcement Regional Lead Authorities (WERLAs), covering the Southern, Eastern and Midlands, and Connacht/Ulster Regions, which were established in 2015. The WERLA offices have responsibility for coordinating waste enforcement actions within regions, setting priorities and common objectives for waste enforcement, ensuring consistent enforcement of waste legislation while still leaving local authority personnel as first responders on the ground. The work of the WERLAs is overseen by a National Steering Committee which includes representatives from a wide range of regulatory and law enforcement authorities.

The Environmental Protection Agency carries out its waste enforcement functions through the Office of Environmental Enforcement (OEE), and the Office of Climate, Licensing, Resource and Research (OCLRR). The OEE has a mandate to deliver enhanced environmental compliance through enforcement of EPA licences issued to waste, industrial and other activities.  It also exercises a supervisory role in respect of the environmental protection activities of local authorities.  In this regard, the OEE acts as a resource to members of the public who have exhausted all other avenues of complaint. Further enforcement responsibility is assigned to the OCLRR, including producer responsibility enforcement related to WEEE, batteries and tyres.

The National Transfrontier Waste Shipment (TFS) Office was established in 2007 as part of Ireland’s transposition of Regulation (EC) No. 1013/2006 of the European Parliament and of the Council (the waste shipment regulation). All transfrontier shipments of waste originating in any local authority area in the State that are subject to prior written notification procedures must be notified to and through the National TFS Office who have a dedicated enforcement team in place to tackle the illegal shipment of waste abroad.

The National Waste Collection Permit Office processes waste collection permit applications and review applications for all local authorities. It maintains the Waste Collection Permit register, revokes Waste Collection Permits as appropriate, and provides data reports to relevant stakeholders- including enforcement authorities  where required.

My commitment to supporting waste enforcement activities is demonstrated through continued investment in the network of local authority waste enforcement officers, increased resources for the EPA and the development of the WERLA Offices. My Department is at an advanced stage of reviewing the €7.4 million annual waste enforcement grant provided to local authorities in order to ensure that resources are placed where they are needed most. A further €1 million is being invested in the WERLA offices on an annual basis while my Department has also provided €3.3 million to support the national anti-dumping initiative in the past two years. Notwithstanding this support it is a matter for local authorities to ensure that the statutory functions that they are charged with delivering are adequately resourced, that they engage proactively with the other supports which are available to them through the EPA’s NIECE Enforcement network and that staff avail of the training and development opportunities available to them as professional waste enforcement practitioners.