COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, March 10, 2014

QUESTION NO.5

QUESTION: Councillor D. Looney

To ask the Manager for a breakdown of litter fines, prosecutions, notices and associated statistics for 2013 and so far in 2014; to ask the Manager to commit to strict enforcement of laws and bye-laws against illegal dumping and littering, and to make a statement on the matter?

REPLY:

In 2013, the Council's Litter Warden Service investigated 2,672 complaints. 753 litter fines and 150 notices were issued under the Litter Pollution Act 1997, as amended. No enforcement action could be taken for the balance of complaints due to lack of evidence, unwillingness of complainant to provide witness statement or difficulty in identifying the legal entity responsible. Increasingly, it is found that no personal information relating to the polluter is contained within the dumped material with personal information having been removed or shredded.

The total number of litter fines issued is as follows:

296 fines were paid in full with payment agreements made in an additional 57 cases. 205 cases were referred to the Law Department for prosecution for non-payment in 2013, of which 116 were listed for hearing. It was not possible to proceed with legal proceedings in a number of cases for reasons such as fines sent by registered post were returned as undelivered, evidence found was not strong enough to support prosecution for non-payment or failure to serve summons. On occasion, fines are paid by alleged polluter on receipt of summons or immediately prior to hearing, resulting in legal proceedings being struck out. In late 2013, the Litter Warden Service began hand delivering fines where registered post has been returned as undelivered. Appeals were upheld in a further 97 cases with these fines being cancelled.

To date, 25 successful prosecutions have been secured in relation to legal proceedings initiated in 2013 with a number of other cases to be heard in 2014.

In January 2014, the Council's Litter Warden Service investigated 285 complaints with 60 litter fines and 11 notices issued under the Litter Pollution Act 1997, as amended. The break down of this total number of litter fines issued is as follows:

To date in 2014, 16 cases have been referred to the Law Department for prosecution.

All reports of illegal dumping are investigated by the Council's Litter Warden Service and dumped material is interrogated for evidence.  Where evidence is found, fines are issued to the alleged offenders in accordance with the Litter Pollution Act 1997, as amended.  Where there is an on going problem of illegal dumping and littering in any area, local residents are encouraged to support the Council in taking the appropriate enforcement action by making reports to the Litter Warden for investigation and by providing evidence where possible and testifying in court. 

The Council's Enforcement and Licensing Section continues to monitor acute illegal dumping black spots throughout the County and where it appears there is a recurring practice of illegal dumping of household waste, letters are issued to residents of nearby estates/roads alerting them to their obligations for disposal of household waste in a responsible manner and requesting that residents submit details of their chosen form of disposal of household waste.