COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE

Monday, February 22, 2016

HEADED ITEM NO. 2

Illegal Dumping / Burning Waste

REPORT:

This items comes to the February 2016 Tallaght ACM following a request during debate on a motion which was set down on the Janaury 2016 meeting as follows:

"MOTION: Councillor D. Richardson

That this Committee asks the Chief Executive to please report on the amount of rubbish that is been removed from Tallaght estates and the amount of green areas damaged that had rubbish burnt on the green space and the cost of this to repair with regard to these issues in the more prominent areas.

REPORT:

A total of 608 tonnes of waste was removed from open spaces in housing estates in the Tallaght area during 2015, this work was carried out by both Gateway staff and the regular Public Realm crews.

The mapping of Halloween bonfires shows that a total of 119 bonfires were held in the Tallaght area in 2015. These sites are cleared but are not repaired as bonfires in general are held on the same sites year after year. 

Burning of household waste on open spaces is taking place in certain estates in the Tallaght area on a continuous basis all year round, and not only at Halloween. As with the bonfire sites, the burnt waste is being removed from these sites on a regular basis however the green spaces are not being repaired therefore there is no costing available for repairs to such areas." End of Report to January 2016 ACM

It was intimated at the January 2016 meeting that the lack of information in the report setting out what the Council is doing about this dumping is an indication that it is accepted. However this is not the case.

As advised in the January 2016 report the Council has undertaken extensive maintenance operations, including litter picking and community clean ups, in the Tallaght area, with over 608 tonnes of waste removed during 2015. 

In certain areas for which a number of persistent complaints were received, the Council discontinued to undertake ad hoc clean-ups but rather included such areas in our schedule for weekly checking and clean-up.

The Council's Enforcement & Licencing unit is particularly proactive in the investigation of reports of all types of illegal waste activity.

The Council uses technologies to tackle the problem of illegal dumping and fly tipping. These technologies assist in preventing the creation of litter and with enforcement of the provisions of the Litter Pollution Act 1997, as amended, the Waste Management Act 1996, as amended, and associated waste regulations to tackle individuals and/or businesses that are responsible for littering and illegal dumping.

In managing this service, the Council is mindful of resources available, and requests for the installation of technologies (fixed and mobile, overt and covert) are assessed on a case by case basis, and having regard to certain criteria including site suitability and the repetitive nature of illegal dumping and fly tipping.

A team of four (4) Litter Wardens patrol the County on a daily basis investigating incidences of littering and illegal dumping. As reiterated to this committee (and others) on several occasions, the Council’s has a very clear position in relation to its management of complaints of illegal dumping which are received - all complaints received are logged and investigated to establish if there is any incriminating evidence before the material is removed. This is in order to protect the "chain of evidence for when / if the case goes to court. Unfortunately, it is proving more difficult to retrieve evidence in relation to the identity of polluters as personal information is generally removed or shredded.

Our authorised officers investigate and initiate prosecutions in relation to activity by unauthorised waste collectors, which regularly give rise to instances of illegal dumping. All waste collectors are required to have a valid Waste Collection Permit and regular surveillance is undertaken where there is reason to believe that such unauthorised activity is being undertaken. Similarly all households who engage waste collectors / contractors must satisfy themselves of the Bona Fide of their contractors, and action may, and has been taken, where waste attributed to an address has been found to be dumped illegally by unauthorised contractors.

Notwithstanding the above, while it is not possible to give a breakdown of figures by Electoral Area, it is worthy of note that during 2015 a total of c700 enforcement actions in the form of c 500 Fixed Penalty Notice (On the spot fines) and c 200 warning letters were issued for a variety of beaches of the Litter Pollution Act 1997 as amended, including illegal dumping / fly tipping, and 131 cases were referred for legal / court proceedings.  During January 2016 a total of 44 enforcement actions were taken.

610 enforcement actions were initiated in 2015 in relation to waste, including Public Health Nuisance waste accumulation and four (4) prosecutions were taken in relation to Prohibition of Waste Disposal by burning.

In many cases it is believed that the identity of those responsible for illegal dumping and burning of waste is known. However in the absence of clear and substantive evidence, or witness statement and the presence of such witnesses in court, it is not possible to bring successful prosecutions. Therefore we continue to encourage residents and the public at large to support the Council in efforts to identify culprits where/if known, and to provide the necessary information to assist in getting more cases of illegal dumping and burning of waste into court.