COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 09, 2025

QUESTION NO. 17

QUESTION: Councillor J. Sinnott

To ask the Chief Executive what steps can be taken by South Dublin County Council to ensure areas under private ownership or under the control of owner management companies are kept litter and dumping free?

REPLY:

South Dublin County Council Litter Wardens enforce the Litter Pollution Act, 1997. The Litter Pollution Act outlines the responsibilities of owners or occupiers of property which can be seen from a public place to keep areas free of dumping or litter.

Section 3 of the Act states that

(1) No person shall deposit any substance or object so as to create litter in a public place or in any place that is visible to any extent from a public place.

Section 6 of the Act states that

(1) The occupier of a public place (not being a public road or a building or other structure) shall keep the place free of litter.

(2) The occupier of any land (other than land consisting of a building or other structure) that is not a public place shall keep the land free of litter that is to any extent visible from a public place.

(3) The owner of any land appurtenant to a residence that is let in two or more dwelling units (not being separate hereditaments) shall, notwithstanding the obligation of an occupier under subsection (2) in relation to land, keep the land free of litter that is to any extent visible from a public place.

SDCC can take the following steps under the Litter Pollution Act 1997 when the conditions outlined in Section 3 and Section 6 are not being adequately met:

1. The Litter Warden may engage with the owner or occupier of the property for the purpose of providing information regarding responsibilities under the Litter Pollution Act 1996
2. The Litter Warden may issue a Notice to the owner or occupier requiring the prompt removal of the litter. The Notice highlights precautionary measures to be put in place to prevent reoccurrence. In cases of non-compliance, SDCC has the power to remove the litter with the owner or occupier liable for associated costs
3. The Litter Warden may issue fines to the owners or occupiers of property if the outdoor areas that are visible from a public place are not kept litter-free.
4. Unpaid litter fines may result in court proceedings

Under Irish waste management legislation, OMCs (Owner Management Companies) and PMAs (Property Management Agencies) are regarded as a “waste holder” or a “person in charge”, and this has significant implications for how they should manage waste.  There are legislative obligations on holders of waste and failure to meet their legal obligations could result in enforcement action being taken by South Dublin County Council, up to and including prosecution.

Waste holders are obliged to take appropriate measures to prevent litter or nuisance arising from waste handling/storage areas. This should include the provision of an adequate number and size of waste receptacles to allow for proper waste segregation. The bin storage area should be adequately sized to hold and provide access to the relevant bins, and the bin storage area should have secure access arrangements in place. Proper signage and information should be provided to users on how to use the bins provided, to maximise the implementation of good waste segregation practices.

South Dublin County Council regularly carries out inspections of waste producers, waste holders and waste collectors to assess compliance with waste management legislation and litter pollution legislation. These inspections cover a mix of household properties, apartment block OMC’s/PMAs and commercial premises.

In 2018 South Dublin County Council adopted household and commercial waste bye-laws, with a specific reference to multi-user buildings and this section of the bye-laws states

A management company, or another person if there is no such company, who exercises control and supervision of residential and/or commercial activities in multi-unit developments, mixed-use developments, flats or apartment blocks, combined living/working spaces or other similar complexes shall ensure that:

• separate receptacles of adequate size and number are provided for the proper segregation, storage and collection of recyclable household kerbside waste and residual household kerbside waste,

• additional receptacles are provided for the segregation, storage and collection of food waste where this practice is a requirement of the national legislation on food waste,

• the receptacles referred to in paragraphs (a) and (b) are located both within any individual apartment and at the place where waste is stored prior to its collection, 

• any place where waste is to be stored prior to collection is secure, accessible at all times by tenants and other occupiers and is not accessible by any other person other than an authorised waste collector, 

• written information is provided to each tenant or other occupier about the arrangements for waste separation, segregation, storage and presentation prior to collection, 

• an authorised waste collector is engaged to service the receptacles referred to in this section of these bye-laws, with documentary evidence, such as receipts, statements or other proof of payment, demonstrating the existence of this engagement being retained for a period of no less than two years. Such evidence shall be presented to an authorised person within a time specified in a written request from either that person or from another authorised person employed by South Dublin County Council, 

• receptacles for kerbside waste are presented for collection on the designated waste collection day, 

• adequate access and egress onto and from the premises by waste collection vehicles is maintained.