COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 14, 2020

QUESTION NO. 21

QUESTION: Councillor Shane Moynihan

To ask the Chief Executive to provide the number of times an authorised person employed by South Dublin County Council has requested proof of compliance with the 2018 Waste Management Bye-laws, in the form of documentary evidence, the number of fixed penalty notices issued, the number of prosecutions initiated and the number of successful convictions. Please provide the information in tabular form, by year and by electoral area.

REPLY:

In relation to issues relating to Household Waste, Waste Enforcement Section utilises various aspects of the Waste Management Act 1996, to tackle the issue raised. To date in 2020, 160 household waste complaints have been received and investigated. The complaints received primarily relate to dumping hoarding and or burning of waste in back gardens, and to a lesser extent include issues relating to Household & Commercial Waste Bye Laws. Each reported incident is assessed to identify the appropriate action, with the initial interactions allowing householders the opportunity to become compliant with their legal obligations associated with household waste.

Household and Commercial Waste Presentation Bye Laws, 2018, came into force in December 2018. The scope of the Bye Law is prescribed in the Waste Management Act 1996, as amended. The Act stipulates the scope of the bye laws to issues relating to the presentation of waste, such as maintaining evidence of the correct disposal of waste, type of receptacle which can be used, time and location the receptacle can be left out for collection and ensuring the bin does not cause litter. In the case were complaints raised relate to a person’s obligation to “Participate in a Waste collection Service”, documentary evidence is sought and obtained relating to the householder’s waste disposal method. Documentary evidence can include proof showing the household have engaged an Authorised Bin Collection Service or proof of permission to bin share with another compliant household or receipts demonstrating waste was brought to an authorised waste facility/civic amenity site. The evidence is sought as follows.

In the case of dumping, hoarding, and burning of waste, this illegal activity falls outside the scope of Household & Commercial Waste Presentation Bye Laws and actions are pursued under the Waste Management Act 1996.  The legislation does not provide for Fixed Payment Notices for these offences. For such cases, actions carried out include warning letters, Section 14 Direction and Section 55 Enforcement Notice.  If the issue continues, prosecution cases are prepared.

The table below relates to complaints received associated to the disposal of household waste, which includes potential breaches of the bye laws, dumping, hoarding and burning of waste. To date, complaints received specifcially relating to presentation of Household Waste, have been resolved through provision of information to the relevant householder to ensure complaince and also highlighting Fixed Payment Notice of €75 will be issued if they fail to comply with the Bye Laws. 

In the event, a person is aware of potential breaches by householders in relation to their obligations under the Waste Management Act 1996 and the Bye Laws, Waste Enforcement section requests the person make contact with this office and provide details to the issue to allow for further investigation.

Non-Disposal of Household Waste Complaints

2019

2020

Total

Complaints Received (Bye Laws, dumping, hoarding and bruning issues).

175

160

335

Inspections Required

285

382

667

Complaints Closed

169

141

310

Number of Information Letters Issued

175

160

335

Household Waste Warning Letters Issued

162

268

430

Number of Fixed Payment Notices issued under Household Waste Presentation Bye Laws.

0

0

0