Written answers

Thursday, 24 September 2020

Department of Communications, Climate Action and Environment

Waste Management

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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68. To ask the Minister for Communications, Climate Action and Environment if his attention has been drawn to allegations that local authorities are allowing construction waste to be buried under road projects; and if he will make a statement on the matter. [26219/20]

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
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Article 27 of the European Communities (Waste Directive) Regulations, 2011, provides that in certain circumstances a material may be treated as a by-product and not a waste. Article 28 of the these Regulations also sets out the grounds by which a material which is recovered or recycled from waste, such as rubble or crushed concrete, can be deemed to be no longer a waste. The EPA has statutory functions for both Article 27 & 28 and, as Minister for Climate Action and Communications, I am precluded from exercising any power or control of the Agency of a statutory function vested in it, under the Waste Management Act (amended) 1996 and the Environment Protection Agency Act, 1992.

My Department has engaged in extensive discussions with the construction industry in relation to the issue of construction and demolition waste at a number of fora including the Construction Waste Resource Group and the Waste Advisory Group. Arising from these discussions, the planning for, and management of, Construction and Demolition Waste has been identified as a priority area in our new national waste policy “A Waste Action Plan for a Circular Economy – Irelands National Waste Policy 2020 – 2025” which I launched earlier this month.

Anyone with specific concerns around possible illegal waste activity or incorrect application of articles 27 and 28 of the European Communities (Waste Directive) Regulations 2011 should contact the relevant enforcement body directly.

Comments

Conor Walsh
Posted on 28 Sep 2020 9:37 am (Report this comment)

The relevant enforcement body is the local authority that is being accused of facilitating the unauthorised dumping of construction and demolition waste beneath the local authority road. A complaint was made to the relevant authority in 2018 and when that was not acted upon, a complaint was made to the EPA as the By-Product declaration was not consistent with EPA guidance on such declarations and the EPA had not approved it. The waste industry appears to be the only sector concerned about the lack of enforcement in this case. Quis custodiet ipsos custodes?

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