Focus on Environmental Enforcement

Transcription

1 Focus on Environmental Enforcement

2 Environmental Protection Agency AGENCY STATUS The Environmental Protection Agency (EPA) is an independent public body established in July 1993 under the Environmental Protection Agency Act, Its sponsor in Government is the Department of the Environment, Heritage and Local Government. The EPA is managed by a full time Executive Board consisting of a Director General and four Directors. Independence is assured through the selection procedures for the Director General and Directors and the freedom, as provided in the legislation, to act on its own initiative. The assignment, under the legislation, of direct responsibility for a wide range of functions underpins this independence. Under legislation, it is a specific offence to attempt to influence the Agency, or anyone acting on its behalf, in an improper manner. The Agency is assisted by an Advisory Committee of twelve members, appointed by the Minister for the Environment, Heritage and Local Government. RESPONSIBILITIES The EPA has a wide range of statutory duties and powers under the Environmental Protection Act. In addition, the capacity of the EPA in relation to enforcement has been enhanced by powers contained in the Protection of the Environment Act The main responsibilities of the EPA include the following: licensing large/complex industrial and other processes with significant polluting potential; monitoring environmental quality, including the establishment of databases to which the public have access; publishing periodic reports on the state of the environment; promoting environmentally sound practices; promoting and co-ordinating environmental research; licensing all significant waste disposal and recovery activities, including landfills, and the preparation of a national hazardous waste management plan; implementing a system of permitting for the control of VOC emissions resulting from the storage of significant quantities of petrol at terminals; implementing and enforcing the GMO Regulations for the contained and deliberate release of GMOs into the environment; preparing and implementing a national hydrometric programme; implementing key reports of the Air and Water Framework Directives; drafting a National Allocation Plan for greenhouse gas emissions allowance trading; the establishment of a National Competent Authority for the issuing of trading permits and allowances to those covered by the scheme; the monitoring, overseeing and verification of emissions from participating companies; and the establishment of a National Emissions Trading Registry; preparing and implementing the National Waste Prevention Programme with specific focus on enterprise and local authority activities; enforcing producer responsibility obligations in relation to the management of waste electrical and electronic equipment (WEEE) and the restriction on hazardous substances (RoHS) in electrical and electronic equipment; co-ordinating the implementation of the EU ozone depleting regulation in Ireland; and, under the Office of Environmental Enforcement, established in 2003 and dedicated to the implementation and enforcement of environmental legislation in Ireland: improving overall compliance with environmental protection legislation in Ireland; raising awareness about the importance of enforcement of environmental protection legislation in Ireland; enforcing IPPC licences and Waste licences issued by the EPA; auditing and reporting on the performance of local authorities in the discharge of their environmental protection functions, including: enforcement in respect of breaches of waste permits, taking action in relation to illegal dumping, implementation of waste collection permits, and enforcement of producer responsibility initiatives (for example, in the area of packaging waste); taking action against local authorities that are not discharging their environmental protection functions in an adequate manner; prosecuting, or assisting local authorities to prosecute, significant breaches of environmental protection legislation, in a timely manner; and assisting local authorities to improve their environmental protection performance on a case by case basis, through the establishment of an enforcement network to promote information exchange and best practice, and by the provision of appropriate guidance.

3 Focus on Environmental Enforcement ENVIRONMENTAL PROTECTION AGENCY An Ghníomhaireacht um Chaomhnú Comhsaoil PO Box 3000, Johnstown Castle Estate, Co. Wexford, Ireland Telephone: Fax: Website: LoCall

4 Environmental Protection Agency 2006 All or part of this publication may be reproduced without further permission, provided the source is acknowledged. Although every effort has been made to ensure the accuracy of the material contained in this publication, complete accuracy cannot be guaranteed. Neither the Environmental Protection Agency nor the author(s) accept any responsibility whatsoever for loss or damage occasioned or claimed to have been occasioned, in part or in full, as a consequence of any person acting, or refraining from acting, as a result of a matter contained in this publication. Focus on Environmental Enforcement Published by the Environmental Protection Agency, Ireland Acknowledgements: Thanks to all Agency staff who provided assistance with the preparation of this document ISBN: /06/1000 2

5 Focus on Environmental Enforcement Contents Executive Summary...4 Chapter 1: Unauthorised waste activities...8 Chapter 2: Compliance with licences granted by the EPA to industrial and waste activities Chapter 3: Local authority environmental protection performance Chapter 4: Enforcement of environmental protection legislation Chapter 5: Complaints about environmental pollution Chapter 6: Prosecution of environmental offences Appendix 1: Analysis of compliance performance by IPPC and waste sectors Appendix 2: Prosecutions taken by the OEE in 2004 and

6 Executive Summary The Office of Environmental Enforcement (OEE) was established in October 2003, as a dedicated and distinct office within the Environmental Protection Agency (EPA). The establishment of the Office, which followed 10 years of licensing activity by the EPA, coincided with the completion of a strategic review of the work of the Agency. The strategic review identified a need to ensure better enforcement of environmental legislation against a background of concern about illegal dumping of waste in the greater Dublin area and the discovery of waste from the Republic of Ireland in illegal sites in Northern Ireland. A number of enforcement priorities were identified by the OEE and this report, which covers the period from 1 January 2004 to 31 December 2005, provides information on progress towards achieving these priorities. The priorities are as follows. 1 Unauthorised waste activities. 1 Compliance with licences granted by the EPA to industrial and waste activities. 1 Local authority environmental protection performance. 1 Enforcement of environmental protection legislation. 1 Complaints about environmental pollution. Prosecution of environmental offences. Unauthorised waste activities In 2005 the OEE published the first factually based account of the nature and extent of unauthorised waste activity in Ireland. It set out an action plan that is now being implemented by the relevant agencies through the Environmental Enforcement Network (EEN) which is co-ordinated by the EPA. The report highlighted the following findings. 1 Large-scale illegal dumping of the type that occurred in Co. Wicklow in was no longer taking place, and illegal cross-border movement of waste had reduced significantly as a result of increased vigilance and cross-border co-operation. 1 Unauthorised collection of waste is a significant problem, with over 50% of local authorities reporting problems in this area. Unregulated, small-scale man in the van operators account for some of the reported increase in illegal fly-tipping. 80% of local authorities identified backyard burning as a significant issue. This activity contributes over 50% of all dioxin emissions in Ireland and is more prevalent in rural areas. 4

7 Focus on Environmental Enforcement Compliance with licences granted by the EPA to industrial and waste activities Industrial activities An integrated pollution prevention control licence (IPPC) is the vehicle through which many of the European Directives are implemented in Ireland. European law requires enforcement of these Directives. The licences granted by the EPA provide for the enforcement of multiple pieces of legislation across all environmental media in one document. The enforcement work of the OEE is targeted at facilities that have continually shown significant non-compliance with relevant legislation or that present a potential risk to the environment. The number of activities licensed by the EPA currently stands at 715. The number of closed sites currently stands at 145, approximately two-thirds of which are activities ceased and the remainder of which are at various stages of closure. The licences granted by the EPA have required industry to review the way they conduct their business, to innovate where necessary and to decouple production from environmental pollution. Studies have shown that licensing of industry has been an effective method to control emissions and to reduce pollution load from pre-licensing levels. However, the licences granted to industry are very stringent and a number of compliance issues are evident across the range of industry licensed. These issues include: Poor management of waste, particularly hazardous waste, on and off site (identified as an issue in 8 out of 12 classes of industrial activity). Poor containment of polluting materials (identified as an issue in 7 out of 12 classes of industrial activity). Inadequate air emission control and monitoring (identified as an issue in 6 out of 12 classes of industrial activity). Waste activities While 81 landfill facilities are licensed by the EPA, only 36 are active. EPA licensed facilities in Ireland are being operated to a much higher standard than previously, with improved management, design, monitoring and resources. The introduction of the licensing regime has led to the installation of gas collection infrastructure at most landfill facilities. As a result there has been a 33% reduction in the volume of landfill gas emitted to the atmosphere. However, compliance by the waste industry needs to improve in the following areas Landfill gas and leachate treatment at older landfills. Accuracy of waste records. Odour abatement at transfer stations and composting facilities. Local authority environmental protection performance The EPA exercises a supervisory role in respect of the environmental protection activities of local authorities. The OEE audits and reports on local authority performance in the areas of drinking water, waste water treatment and water quality. Drinking water The most recent drinking water report concluded that the quality of drinking water provided to 84% of the population by the sanitary authorities in public water supplies and public group schemes (which get their water from public supplies) was satisfactory while the quality of water provided to less than 7% of the population by private group schemes was unsatisfactory. The remainder of the population gets its drinking water from small private supplies such as private wells. The quality of water supplied by private group schemes is, however, improving, with the compliance rate for E. Coli, the most important indicator of drinking water quality, improving from 74.9% in 2003 to 78.1% in A key concern highlighted in the most recent report is the potential risk to water supplies and public health arising from the parasite Cryptosporidium. Cryptosporidiosis is a notifiable disease that can cause fever, stomach upsets, weight loss and diarrhoea and can be fatal in the young and old and those with weak immune systems. 5

8 Executive summary The OEE has recommended that all local authorities assess the vulnerability of public water supplies to Cryptosporidium, commencing with the larger treatment plants. So far 363 risk assessments for Cryptosporidium have been carried out. The supplies assessed provide water to about 59% of consumers served by public water supplies. What is required now is that risk assessments be carried out on the remaining public water supplies and that steps be taken to protect water supplies where risks are identified. The OEE welcomes the pro-active approach being taken by local authorities in relation to this issue. Waste water treatment Almost all of Ireland s urban waste water, irrespective of the level of treatment, is discharged to estuaries and freshwaters. The most recent report by the OEE concluded that 18% of waste water arisings received no treatment, 13% received preliminary treatment, 2% received primary treatment, 58% received secondary treatment, and 9% received nutrient reduction in addition to secondary treatment. It was evident that the frequency and method of emissions sampling was, in many cases, not to the standard required by law and was not sufficient to establish compliance with the relevant regulations. Auditing of local authorities and urban waste water treatment plants highlighted examples of good practice as well as deficiencies that require correction. However, poor performance of any waste water treatment plant is a cause for concern as even smaller plants can have a significant impact on water quality in the waters to which their effluents discharge. All local authorities should review the operation, maintenance and management of urban waste water treatment plants in their functional areas and prepare corrective action programmes for plants that are in breach of the standards. Priority should be given to implementing corrective action programmes at plants that are having a demonstrably negative impact on the waters to which they discharge. In 2003, discharges from municipal waste water treatment plants were suspected to be the source of pollution in the case of 354 of 1,222 polluted sites, including 22 cases of serious pollution. The OEE has prioritised the seriously polluted sites where a waste water discharge was the main suspected cause of serious pollution. All relevant local authorities have now been contacted and instructed by the OEE to prepare action plans to improve plant management. Water quality Surface water quality (lakes and rivers) has improved slightly in recent years when assessed against the requirements of the Phosphorus Regulations. However, a worrying trend is the continuing decline in the number of river stations recording the highest biological water quality. Efforts need to be stepped up if Ireland is to meet water quality targets set out in the Phosphorus Regulations and indeed the more stringent targets of the EU Water Framework Directive. Tackling pollution from sewage treatment and agricultural sources remains the greatest challenges. New powers under the European Communities (Good Agricultural Practices for the Protection of Waters) Regulations enhance the enforcement tools available to local authorities to deal with agricultural pollution and the OEE recommends that local authorities fully enforce these Regulations. The success of the implementation of water pollution measures will be ultimately judged over the coming years by keeping track of changes in water quality. The EPA is continuing its water monitoring programmes to assess whether the necessary improvements in water quality actually happen. There is a wide array of information already available to local authorities about pollution blackspots and action needs to be taken against suspected causes of pollution to ensure compliance with the water quality standards. In many cases the causes of poor water quality are known and need to be targeted by co-ordinated actions including investment, advice, education and enforcement. Enforcement of environmental protection legislation To effectively enforce the wide range of environmental legislation the Office of Environmental Enforcement established the Environmental Enforcement Network (EEN) in The network aims to harness the collective resources, expertise and investigative capacity of all public sector agencies and government departments that can contribute to enforcing environmental law and stamping out illegal waste activity and other environmental crime in Ireland. Over 900 staff from about 50 agencies are now involved in the network. The modus operandi is that working groups of experienced practitioners from relevant agencies are established to deal with a specific issue, such as illegal dumping of waste. The working group analyses the problem and agrees the best way to tackle it. Depending on the problem, this may result in direct enforcement action, such as co-ordinated roadside and facility inspections involving several agencies, or the building of capacity in enforcement agencies through the preparation of guidance or the delivery of training. The success of this approach is exemplified by the dramatic turnaround in compliance with waste export regulations at recent port inspections in Dublin, with a shift from 100% non-compliance in 2004 to 100% compliance in

9 Focus on Environmental Enforcement Complaints about environmental pollution Complaints from the public can be an important indicator of the environmental performance of licensed facilities. The EPA received 1,077 complaints regarding licensed facilities in 2004 and 1,123 complaints in The number of complaints received by the EPA with regard to IPPC facilities decreased from 711 in 2004 to 466 in However, complaints about waste facilities increased from 366 in 2004 to 657 in The most common cause of complaint was odour. The enforcement response has been to focus inspections on the facilities that gave rise to most complaints in 2004 and As a result of increased enforcement and new technology there has been a significant improvement at these facilities. Nine of the ten facilities with the most complaints in 2004 do not feature in the 2005 list, or showed a substantial reduction in complaints. The licensed facilities that received the most complaints are listed in Chapter 5 of this report. Since the establishment of the OEE, 575 complaints about matters that are the responsibility of local authorities have been investigated, using the powers granted under the Protection of the Environment Act, Prosecution of environmental offences In 2005, 20 cases were brought against licensees before the District Courts. Convictions were handed down in 16 of these cases, three were referred to higher courts and one was dismissed on a court technicality. Most of the charges related to persistent breaches of emission limit values, failure to install infrastructure and failure to submit information to the EPA as required under licence conditions. The Director of Public Prosecutions directed that Books of Evidence be served in the three cases that were referred to higher courts. As of the end of December 2005, the EPA had 11 District Court cases on hand; a further case is with the Director of Public Prosecutions for consideration. Legal action by the EPA led to investment by licensees of approximately e19 million in improvements to site infrastructure and management. The facilities prosecuted by the EPA are listed in Appendix 2 of this report. Future enforcement by the OEE Each chapter of this report refers to a specific enforcement area and contains information on current enforcement work, outcomes and future actions planned by the OEE in each priority area. A summary of these future actions is given below: Unauthorised waste activities Implement unauthorised waste action plan set out in the OEE report on the nature and extent of unauthorised waste activity in Ireland. Enforcement of IPPC and waste activities Tackle the persistent land and groundwater issues associated with the timber preservation industry. Enforce compliance with odour abatement licence conditions. Enforce compliance with landfill gas and leachate treatment at older landfills. Enforcement of public authority environmental functions Develop and implement reporting systems for tracking and reporting public authority environmental enforcement activity in Ireland. Complete investigation into the landspreading of industrial organic sludges. The Environmental Enforcement Network Launch and implement the national environmental complaints system including awareness raising so that members of the public know how to avail of the system. Continue to develop linkages between the OEE, local authorities, An Garda Siochana and the various other bodies enforcing environmental protection legislation. Environmental complaints Focus inspections on facilities that give rise to the most complaints. Use the powers of the Protection of the Environment Act 2003 to investigate complaints and encourage compliance. Prosecution of environmental offences Document changed behaviour and investment by licensed activities following legal sanctions. Publish details of cases taken on the EPA website. 7

10 Chapter 1: Unauthorised waste activities OEE Priority Tackle, in co-operation with local authorities, the problems of illegal waste movement and unauthorised disposal Why the need? The Office of Environmental Enforcement (OEE) was established in October 2003, as a dedicated and distinct office within the Environmental Protection Agency (EPA). The establishment of the OEE, which followed 10 years of licensing activity by the EPA, coincided with the completion of a strategic review of the work of the organisation. The strategic review identified a need to ensure better enforcement of environmental legislation against a background of concern about illegal dumping of waste in the greater Dublin area and the discovery of waste from the Republic of Ireland in illegal sites in Northern Ireland. The EU Commission had decided to prosecute Ireland at the European Court of Justice for failure to implement the Waste Directive, and radical steps were needed to deal with the situation. The judgment against Ireland indicated that the Commission sought: the full recognition and implementation in Ireland of the seamless chain of responsibility for waste which the Directive establishes, by requiring: holders of waste to discard it through specified operators; the operators collecting or dealing with the waste to be subject to a permit or registration system and to inspection; and the abandonment, dumping or uncontrolled disposal of waste to be prohibited. Current enforcement work 1 An Environmental Enforcement Network (EEN) was set up within months of the OEE being established. The clear priority for the Network was to tackle the problems of illegal dumping of waste in Ireland and illegal trafficking of waste to Northern Ireland and other countries. This could only be done by getting all the relevant agencies and authorities involved in tackling the issue, both North and South. These agencies are now working together to tackle the problems and deal with the issues in a co-ordinated manner. They include: the EPA, who co-ordinates the EEN; local authorities; An Garda Siochana; the Department of the Environment, Heritage and Local Government; the Environmental & Heritage Service, Northern Ireland; the Police Service of Northern Ireland; the Criminal Assets Bureau; and the Revenue Commissioners. 1 Unauthorised waste activity in Ireland has been quantified, and a report was published in September The report, for the first time, set out a factually based account of the nature and extent of unauthorised waste activity in Ireland, both past and present. It also sets out an action plan for the years ahead, which is being implemented by the relevant agencies through the EEN. 1 The State is investing greater resources in tackling unauthorised waste activity. Over 100 new waste enforcement officers have been appointed by local authorities. A specialist waste enforcement team was established in the Dublin area as a joint venture involving Dublin City Council and Fingal County Council. 1 Specialist training is being provided to new waste enforcement staff through the EEN. There has been a dramatic increase in the level of enforcement activity by local authorities, with over 12,000 site inspections, 377 checkpoints, 1588 statutory notices and 303 prosecutions under the Waste Management Act in This is driving home the message that unauthorised waste activity is not acceptable and that offenders will suffer serious consequences. 1 The Minister for the Environment, Heritage and Local Government has given clear policy direction to both the EPA and local authorities in relation to illegal waste activity. The EPA is developing a Code of Practice, which will elaborate on the issues identified in the Ministerial Policy Direction. 1 Those responsible for illegal dumping are being forced to pay the full costs of clean-up at sites, either through the Courts or through the licensing and permitting process. The DPP is becoming increasingly involved in prosecuting environmental crime cases on indictment, with a number of cases now making their way through the Courts. In a case initiated by Cork County Council, the Circuit Criminal Court imposed a fine of 100,000 in relation to unauthorised landfilling at Weir s Island, Co. Cork. The public is being better informed about illegal waste issues through media advertising campaigns. 8

11 Focus on Environmental Enforcement The enforcement outcome An end to large-scale illegal dumping of the type that occurred in County Wicklow during the period A major reduction in the illegal trafficking of waste from the Republic of Ireland to Northern Ireland. A crackdown on individuals suspected of involvement in illegal trafficking of waste to Northern Ireland. A reduction in illegal trafficking of waste to mainland Europe and beyond. Future actions The focus of enforcement work by the EEN into the future will be on the action plan outlined in the OEE report on the nature and extent of unauthorised waste activity in Ireland. This plan sets out the enforcement work to be undertaken in the areas of: Illegal disposal of waste. Illegal movement of waste to Northern Ireland. Illegal shipment of dry recyclables to Europe and beyond. Management of construction and demolition waste. Unauthorised collection and fly-tipping of waste. Inconsistent enforcement of legislation. Backyard burning of waste. Historical disposal of waste. Operation of unauthorised transfer stations and waste processing facilities. As Ireland s population and economy continue to grow, waste management will continue to be a major challenge. There must be sufficient capacity for dealing with the waste we produce in a responsible manner. Increasing volumes of household and commercial waste are now being collected for recycling and other forms of recovery, mainly abroad. For the first time since reliable records began, the quantity of household waste being disposed of to landfill is decreasing, but the delivery of sufficient capacity for safe disposal of residual household waste is still a challenge. Construction and demolition (C&D) waste accounted for the highest level of illegal activity (over 80% of the waste found in illegal landfill); the control of this particular waste stream is an enforcement priority. Increases in small-scale fly-tipping and uncontrolled burning of waste will present new challenges for local authorities particularly in bringing those responsible to Court. Responsible waste management is a problem for all sectors of society, starting with the waste producer. Strong enforcement has a key role to play in maintaining a seamless chain between the production of waste and its safe disposal or recovery, but all of us, as waste producers, must manage our waste in a responsible and environmentally sensitive manner. 9

12 Chapter 2: Compliance with licences granted by the EPA to industrial and waste activities OEE Priority Achieve enhanced implementation and enforcement of Integrated Pollution Prevention and Control (IPPC) and waste licences, building on the significant progress to date Why the need? IPPC licences are the vehicle through which many of the European directives are implemented in Ireland. Enforcement of these directives is required under European legislation. The objective of the OEE is to deliver better licence enforcement and thereby better protection of the environment. The licences granted by the EPA provide for the enforcement of multiple pieces of legislation across all environmental media in one document. Specific conditions under which sites are required to operate are set out in the licences. Limits are imposed for discharges to air and water and for noise levels. The focus of a licence is on good environmental management and prevention of pollution, emphasising continual improvement in environmental performance. The enforcement work of the OEE is planned in advance every year and is targeted on facilities that have continually shown significant non-compliance with relevant legislation or that present a potential risk to the environment. Current enforcement work The OEE enforces EPA licences in a structured and comprehensive manner. The work includes: 1 Completion of site inspections and audits. 1 Monitoring of air, water, noise and landfill gas. 1 Assessment of monitoring data and compliance reports submitted by licensees. 1 Response to complaints and incidents related to licensed facilities. 1 Engagement with the public and industry on compliance and enforcement issues. Collation and reporting of emissions data from licensed facilities on a national level. An annual programme of inspections is developed on the basis of the potential risk that the licensed site poses to the environment and/or its compliance history. This ensures that resources are always deployed to enforce sites with the highest risk or the greatest problems, using a combination of voluntary compliance and legal action. Licensees are warned that notifications of non-compliance may be followed up with legal action if they are not addressed within a reasonable timeframe. Copies of all inspections, audits and emission monitoring reports are placed on the public file of the licensee. These reports detail the findings of the OEE inspector and any corrective actions needed to improve the standard of compliance in addition to any breaches of licence conditions identified. Where there are concerns regarding the magnitude of the breaches, a notification of non-compliance is issued and further enforcement action may be initiated. Licensees are required by their licence conditions to notify the EPA of an environmental incident as soon as is practicable after the occurrence. In the event that an incident occurs outside business hours, licensees must contact the EPA on EPA staff service this line 24 hours a day, 7 days a week. Since 15th August 2005 the News Centre section of the EPA website ( contains details of any new incidents reported to the EPA and requiring investigation by the EPA. Incident notifications are posted as soon as they are received to alert the public to the occurrence as quickly as possible. Details of all reported incidents are kept on public file at EPA Regional Offices and on site at the relevant company. In 2005, eight incidents that occurred at licensed facilities were posted to the web. The following sections relate to IPPC licences issued under the EPA Acts 1992 & 2003 and waste licences issued under the Waste Management Acts 1996 to

13 Focus on Environmental Enforcement IPPC overview The licensing of industry by the EPA has been ongoing for over 10 years, during which time the licences issued have evolved to take account of new or revised environmental legislation. The number of current activities licensed by the EPA stands at 715. The number of closed sites currently stands at 145, approximately two-thirds of which are activities ceased and the remainder of which are at various stages of closure. Licensed activities are classified (according to the IPPC Directive categories) into industrial classes as set out in Appendix 1. Over the 10-year period, growth in economic activity has seen productivity indices soar, electricity demand and supply increase, and, in parallel, a significant increase in our use of primary fuels and emission of acidifying gases. However, this has taken place against a backdrop of comprehensive environmental regulation on industry. The licences granted by the EPA have required industry to review the way they conduct their business, to innovate where necessary and to decouple production from environmental pollution. Studies 1 have shown that licensing of industry has been an effective method to control pollution and to reduce pollution load when compared to pre-licensing levels. However, the stringent licences granted to industry are difficult to comply with and a number of compliance issues are evident across the range of industry licensed. These issues include: Poor management of waste, particularly hazardous waste, on and off site (identified as an issue in 8 out of 12 classes of industrial activity). Poor containment of polluting materials (identified as an issue in 7 out of 12 classes of industrial activity). Inadequate air emission control and monitoring (identified as an issue in 6 out of 12 classes of industrial activity). Tables 1 and 2 summarise the compliance issue and enforcement activity at EPA licensed industrial activities. A detailed analysis of the compliance issues and enforcement activity at each class of industrial activity licensed by the EPA is provided in Appendix 1 of this report. 1 The environmental performance of industry Clinch and Convery (2001). 11

14 Chapter 2: Compliance with licences granted by the EPA to industrial and waste activities Table 1: Compliance issues by class of industry Industry Class Noise, odour and dust nuisance Suspended solids in water On-site waste water treatment plants Sludge handling Slurry management Groundwater contamination Minerals and other material 4 4 Energy 4 Metals 4 Chemicals 4 4 Intensive agriculture 4 Food and Drink Wood, paper, textiles and leather 4 4 Cement 4 Surface coatings 4 Future actions 1 To tackle the persistent land and groundwater issues associated with the timber industry. 1 To enforce compliance by the intensive pig industry with the nutrient management planning requirements for landspreading. 1 To focus on areas where the risks or potential risks are highest, and on using the available enforcement tools to bring about changes in environmental performance. To finalise guidance to industry on the financial provision for environmental liabilities this guidance aims to minimise taxpayers exposure associated with the liquidation of contaminated sites. Waste overview The past decade has seen dramatic change in the management of waste, from a situation where no landfills were licensed and almost all were operated by local authorities to a scenario where all landfills are licensed, and privately operated landfills will soon be in the majority. There has also been a significant reduction in the number of landfills operating: while the EPA has licensed 81 landfill facilities, only 36 are active. With the introduction of the licensing regime and the installation of gas collection infrastructure, there has been a 33% reduction in the volume of landfill gas emitted to the atmosphere. Landfills in Ireland are being operated to a much higher standard than previously, with improved management, design, monitoring and resources management. The compliance issues that some landfill operators have failed to grapple with over the reporting period are: 12

15 Focus on Environmental Enforcement The timely installation of landfill capping and leachate and landfill gas infrastructure. The control of odour at landfill sites. The diversion of biodegradable waste away from landfill. Table 2: Enforcement activity 2004/2005 Enforcement Activity Waste IPPC Inspections Audits Air and Water Monitoring , Total ,774 1,467 The number of site inspections, audits and monitoring visits will fluctuate from year to year depending on the compliance of individual sectors. This fluctuation arises from utilising a risk based approach to enforcement. Efforts can then be concentrated on the more complex and non-compliant sites. This can result in more compliance meetings with facility management and meetings with residential groups on environmental nuisance and conflict. A detailed analysis of the compliance issues and enforcement activity at each class of waste activity licensed by the EPA is provided in the appendices to this report. The compliance challenges facing transfer station operators are somewhat different, and centre on: Inadequate recording of waste flows into and out of transfer stations. Non-compliance with the overall tonnage handling limits and use of unapproved or illegal destinations for waste disposal or recovery. Odour nuisance. In 2004 the amount of biodegradable municipal waste landfilled was 101% of the 1995 baseline. In line with national policy this has to reduce to 75% by 2006 and 50% by In addition, 74% of household and commercial waste generated in Ireland in 2004 was biodegradable, compared to 65% in previous years. As the proportion of biodegradable waste increased, the odour associated with waste has also increased. Operators of waste transfer stations have to tackle this issue by investment in the appropriate odour abatement technologies to ensure that odour nuisance is not created in the vicinity of their facilities. Future actions The OEE in future audit and inspection plans will continue to focus on areas where the risks or potential risks are highest, and use the available enforcement tools to bring about changes in environmental performance. The focus of the OEE will be to clamp down on: The use of illegal waste facilities for composting and waste handling. Illegal transfrontier shipment of waste, including shipment of waste to Northern Ireland. and to enforce compliance in the areas of: Installation of odour abatement at transfer stations and composting facilities. Installation of landfill gas and leachate treatment at older landfills. Better management practices to reduce nuisance odours at landfills. Accuracy of waste records. Enforcement of collection permit scheme, with swift action to revoke permits. Provision of noise abatement infrastructure. Remediation of contaminated land sites. 13

16 Chapter 3: Local authority environmental protection performance OEE Priority Establish and implement a system for auditing and reporting on local authority environmental protection performance Why the need? The agreed Programme for Government, published in June 2002, included a commitment to establish a new Office of Environmental Enforcement to audit the performance of local authorities in discharging their environmental enforcement functions, taking action against those lagging behind. This was seen to be necessary at the time due to a perceived lack of consistency in the enforcement of environmental protection legislation by local authorities, particularly in the area of waste management. A systematic and objective approach to auditing performance would highlight local authorities that were discharging their environmental enforcement functions in an acceptable manner as well as identifying those that were lagging behind so that actions could be taken to bring their performance up to an acceptable level. Current enforcement work Local Authority audits The OEE audits and publishes national reports on local authority performance in the areas of drinking water quality, urban waste water treatment and surface water quality (Phosporous Regulations). Since 2004 a total of 84 audits of local authorities have been conducted. A summary is presented in Table 3. Table 3: Local authority audit activity 2004/2005 Year Drinking Water Urban Waste Water Water Quality A detailed overview of the results of audits is to be found in the relevant EPA reports, published annually in the case of drinking water and biannually in the case of urban waste water and water quality. These reports also outline the overall performance of local authorities in relation to the carrying out of their relevant environmental protection statutory functions. 14

17 Focus on Environmental Enforcement Drinking water The most recent drinking water report concluded that the quality of drinking water provided to 84% of the population by the sanitary authorities in public water supplies and public group schemes (which get their water from public supplies) was satisfactory while the quality of water provided to less than 7% of the population by private group schemes was unsatisfactory. The remainder of the population gets its drinking water from small private supplies such as private wells. The quality of water supplied by private group schemes is, however, improving, with the compliance rate for E. Coli, the most important indicator of drinking water quality, improving from 74.9% in 2003 to 78.1% in Through auditing of local authorities, the EPA also noted improvements in the overall management of drinking water supplies by local authorities. More work needs to done however on protecting drinking water sources such as rivers and lakes, and a key concern highlighted in the most recent report is the potential risk to water supplies and public health arising from the parasite Cryptosporidium. Cryptosporidiosis is a notifiable disease that can cause fever, stomach upsets, weight loss and diarrhoea and can be fatal in the young and old and those with weak immune systems. The EPA has recommended that all local authorities assess the vulnerability of public water supplies to Cryptosporidium, commencing with the larger treatment plants. So far 363 risk assessments for Cryptosporidium have been carried out. The supplies assessed provide water to about 59% of consumers served by public water supplies. What is required now is that risk assessments be carried out on the remaining public water supplies and that steps be taken to protect water supplies where risks are identified. The EPA welcomes the pro-active approach being taken by local authorities in relation to this issue. Waste water treatment Almost all of Ireland s urban waste water, irrespective of the level of treatment, is discharged to estuaries and freshwaters. The most recent report by the OEE concluded that 18% of waste water arisings received no treatment, 13% received preliminary treatment, 2% received primary treatment, 58% received secondary treatment, and 9% received nutrient reduction in addition to secondary treatment. It was evident that the frequency and method of emissions sampling was, in many cases, not to the standard required by law and was not sufficient to establish compliance with the relevant regulations. There has been major investment in water services over the past 10 years and we should be seeing a direct correlation between investment in municipal waste water treatment and improvements in the quality of receiving waters. While some dramatic improvements have been noted, such as the improvement in water quality in Dublin Bay resulting from the installation of secondary treatment at Ringsend, persistent problems remain, particularly at smaller plants around the country. Auditing of local authorities and urban waste water treatment plants (UWWTPs) highlighted examples of good practice as well as deficiencies that require correction. However, poor performance of any waste water treatment plant is a cause for concern as even smaller plants can have a significant Figure 1 Summary of UWWTP compliance <2000 pe ,000 pe >10,000 pe with nutrient reduction >15,000 pe Note: pe = population equivalent 15

18 Chapter 3: Local authority environmental protection performance impact on water quality in the waters to which their effluents discharge. All local authorities should review the operation, maintenance and management of urban waste water treatment plants in their functional areas and prepare corrective action programmes for plants that are in breach of the standards. Priority should be given to implementing corrective action programmes at plants that are having a demonstrably negative impact on the waters to which they discharge. The OEE has conducted a detailed analysis of water pollution in Ireland to pin-point areas of rivers that are being polluted by discharges from municipal waste water treatment plants. Of the 1,222 river sites known to be polluted in Ireland in 2003, almost one quarter of these were suspected to have been effected by discharges from a waste water treatment plant. Of these 354 sites, 22 were seriously polluted. The OEE has prioritised the seriously polluted sites where a waste water discharge was the main suspected cause of serious pollution. All relevant local authorities have now been contacted and instructed by the OEE to prepare action plans to improve plant management. Water quality Surface water quality (lakes and rivers) improved slightly in recent years when assessed against the requirements of the Phosphorus Regulations. However, a worrying trend is the continuing decline in the number of river stations recording the highest biological water quality. Efforts need to be stepped up if Ireland is to meet water quality targets set out in the Phosphorus Regulations and indeed the more stringent targets of the EU Water Framework Directive. Figure 2 Water services expenditure m Tackling pollution from sewage treatment and agricultural sources remains the greatest challenges. New powers under the European Communities (Good Agricultural Practices for the Protection of Waters) Regulations, 2005 enhance the enforcement tools available to local authorities to deal with agricultural pollution and the OEE recommends that local authorities fully enforce these Regulations. The success of the implementation of water pollution measures will be ultimately judged over the coming years by keeping track of changes in water quality. The EPA is continuing its water monitoring programmes to assess whether the necessary improvements in water quality actually happen. There is a wide array of information already available to local authorities about pollution blackspots and action needs to be taken against suspected causes of pollution to ensure compliance with the water quality standards. In many cases the causes of poor water quality are known and need to be targeted by co-ordinated actions including investment, advice, education and enforcement. Waste management facilities Local authorities are responsible for controlling the collection and movement of waste in their functional areas and for regulating small-scale waste activities that do not require a licence from the EPA. Regulations governing the control of small-scale waste activities by local authorities were introduced in 1997 in parallel with the introduction of the waste licensing system. The control of the collection and movement of non-hazardous waste by local authorities through the introduction of a waste collection permitting system was provided for in The OEE report on the Nature and Extent of Unauthorised Waste Activities indicated that this area is one of the weakest links in the waste enforcement chain and the area where the greatest risk of unauthorised waste activity exists. The study found that there were still some waste facilities operating without the proper authorisations under the Water Management Acts 1996 and 2003; in addition some of these facilities were operated by local authorities. Following the study all local authorities were instructed by the OEE to arrange for the cessation of activities at facilities that did not hold the required authorisations. The OEE continues to investigate complaints received about alleged operation of unauthorised waste activities. 16

19 Focus on Environmental Enforcement Future actions Drinking water quality Encourage assessment by local authorities of the vulnerability of public water supplies to Cryptosporidium, commencing with the larger treatment plants. Waste water treatment and water quality Focus by local authorities on waste water treatment plants that are having a negative impact on water quality downstream. Ensure that local authorities are giving priority to improving the management of waste water treatment plants. Seek to close identified gaps in the management of urban waste water sludges. Publish a revised manual on the treatment of waste water from single houses. Update guidance on discharges from small communities, businesses, leisure centres and hotels through the Environmental Enforcement Network. Reporting on performance Develop and implement reporting systems for tracking and reporting public authority environmental enforcement activity in Ireland. Waste management Prepare a set of guidance notes and training on the implementation and enforcement of the revised waste management regulations, when enacted, for the use of local authority officers. Encourage adoption by the local authorities of a zero tolerance attitude to waste management facilities operating without proper authorisation. Organise and carry out national and regional concerted enforcement actions by local authorities and OEE consisting of coordinated road blocks and joint local authority/oee inspections of waste transfer stations. Recommend that local authorities be provided with the power to revoke waste collection permits. Complete an investigation into the landspreading of industrial organic sludges, whose objectives are - u To determine the quantity and types of industrial organic wastes spread on lands in Ireland annually. u To identify the potential positive and negative impacts of applying these wastes to soils (affecting soil properties and soil functions), crops, livestock and other potential receptors. u To prepare and publish guidance and best practice on the landspreading of industrial organic wastes to land, including, if required, the identification of industrial wastes that should not be landspread due to identified long-term potential risk to soil properties and function. 17

20 Chapter 4: Enforcement of environmental protection legislation OEE Priority Develop, in co-operation with the local authorities and other public authorities, a consistent approach to the enforcement of environmental protection legislation, through the establishment of an enforcement network Why the need? A large number of state authorities are engaged either directly or indirectly in the enforcement of environmental protection legislation. These include the EPA, all local authorities, several government departments, An Garda Siochana, the Criminal Assets Bureau, the Revenue Commissioners and the Director of Public Prosecutions. The establishment of the OEE presented an opportunity to harness the collective resources and expertise of these agencies to bring about real change in the way that environmental crime is tackled in Ireland. To tackle the problems of illegal dumping of waste in Ireland and illegal movement of waste to Northern Ireland, a new approach was necessary that required the collective effort of a number of public sector agencies, both in the north and south of Ireland. In order to achieve this the OEE set about developing an integrated national approach to the enforcement of environmental legislation, through the establishment of an Environmental Enforcement Network (EEN). The core objective of the OEE in setting up the network was to bring about improved co-operation and co-ordination between the various agencies involved in enforcement of environmental legislation, leading to a higher and more consistent standard of environmental protection throughout the country. Network functions The functions of the network are to: 1 Ensure more effective co-ordination in the implementation of environmental enforcement activities. 1 Provide a framework for a co-ordinated approach to special investigations/actions. 1 Develop a consistent approach to the enforcement of environmental legislation. 1 Promote the exchange of information and experience in the implementation, application and enforcement of environmental legislation. 1 Provide assistance to local authorities and other relevant agencies in the development of best practice. Provide a mechanism for feedback to policy-makers and legislators on the practical implementation of policies and regulations. This approach has since been strongly endorsed by the National and Economic Social Council in its latest report to government. The European Commission has also endorsed the network, with particular reference to special investigations and the process for investigation and follow-up of environmental complaints. 18

21 Focus on Environmental Enforcement Network activities The concept of an EEN was set out at a seminar in February All the agencies that attended agreed that the initial focus of the network should be on waste management and enforcement issues. A National Steering Committee was established in June 2004 whose function is to direct the activities of the network and to decide on priorities. The members of the steering committee have been active in promoting the network and ensuring that organisations commit resources to it. The OEE chairs the committee, with representation from the County and City Managers Association; the Department of the Environment, Heritage and Local Government (DoEHLG); the Health Services Executive; and the Central Fisheries Board. The network is now up and running, with over 900 public sector staff from about 50 agencies involved (the EPA, all local authorities, An Garda Siochana, the National Bureau of Criminal Investigations (NBCI), the Criminal Assets Bureau, the Revenue Commissioners, the Northern Ireland Environment & Heritage Service, the Police Service of Northern Ireland, the Fisheries Boards, the Health Services Executive, and several government departments). The modus operandi is that working groups of experienced practitioners from relevant agencies are established to deal with specific issues, such as illegal dumping of waste. The working group analyses the problem and agrees the best way to tackle it. Depending on the problem, this may result in direct enforcement action, such as co-ordinated roadside and facility inspections involving several agencies, or the building of capacity in enforcement agencies through the preparation of guidance or the delivery of training for the wider network of practitioners. To date, nine working groups have been established; their activities are summarised in Table 4. The working groups consist of key local and public authority personnel, and OEE and government department staff. They are small focus groups with specific tasks as defined in their terms of reference. The outputs of the working groups (e.g. guidance documents, protocols, training) are disseminated to relevant public authority enforcement staff through national enforcement networks and via national conferences. Any documents generated are also available to network members on the EEN extranet site ( Table 4: Summary of EEN working group activities 2005 Co-ordinator appointed Inspection plan developed Guidance developed Training programme delivered Action plan published Feedback provided to the DoEHLG Unauthorised waste activities Packaging waste Farm plastics Transfrontier shipment of wastes Cross-compliance Minimum criteria for environmental inspections Suir Water Quality Working Group Erne/Blackwater Working Group 4 4 Complaints handling Where there is a national issue involving all agencies, national networks have been set up (e.g. for tackling unauthorised waste activities). Representatives from relevant bodies and agencies are invited to take part. The networks meet on a regular basis to plan and co-ordinate the implementation of priority enforcement activities. The network meetings provide an informal forum for the exchange of information and experience. The networks also act as a platform for dissemination of guidance notes developed by working groups, by special projects or by other means. Data is collected nationally that informs the agreement of priority 19

22 Chapter 4: Enforcement of environmental protection legislation enforcement activities (e.g. targeting inspections of companies suspected of engaging in illegal waste activity), and their implementation by a range of organisations is co-ordinated by the networks. The networks also look at new legislation being developed and explore issues concerning the implementation of current legislation. Feedback from these networks has been very positive, particularly on the exchange of ideas between local authorities and agencies that provide assistance in their day-to-day enforcement work. Linkages are also being established with international bodies where relevant. For instance, the working group on Transfrontier Shipment of Waste, which deals with the import and export of waste, is part of an international working group engaged in dealing with this issue. This allows rapid communication between enforcement officers in different countries when dealing with waste export issues. Current enforcement work Specific improvements attributable to the EEN include the following: 1 Increased co-ordination of enforcement activity on both sides of the border, leading to a major reduction in the illegal trafficking of waste from the Republic of Ireland to Northern Ireland. 1 Crackdown on individuals suspected of involvement in illegal trafficking of waste to Northern Ireland. For example, a swoop on a number of waste facilities and warehouses was conducted in December 2004, which involved over 20 inspectors from the EPA and over 40 Gardai. Ten facilities were raided at the same time that day, with additional raids in Northern Ireland and Scotland. 1 Reduction in illegal trafficking of waste to mainland Europe and beyond through tightening-up of procedures for controlling the transfrontier shipment of waste, stepping up of inspections at ports, and increased involvement by local authorities in international co-ordinated inspections of waste loads. 1 Quantification of the scale of illegal waste activity in Ireland and the publication of a national report setting out the nature and extent of unauthorised waste activity in Ireland, actions already taken by the enforcement agencies to tackle the problems identified, and future steps to be taken. 1 Greater awareness by manufacturers and distributors of packaged products of their obligations to reduce, reuse and recycle packaging through increased enforcement effort by local authorities and improved co-operation between local authorities, the EPA and Repak. This involved identifying and investigating over 1,000 companies suspected of placing significant quantities of packaging on the market. This work is contributing to the large increases in recycling of packaging waste thereby helping Ireland meet its obligations under the EU Packaging Directive. 1 Increased co-ordination of enforcement activities in specific water catchments; improved exchange of information and data on water quality between different agencies. Increased enforcement activities by local authorities in 2004 on waste. In particular: u Responding to nearly 14,000 complaints. u Conducting 12,000 site visits. u Taking over 5,000 enforcement actions. u Successfully prosecuting 300 cases. 20

23 Focus on Environmental Enforcement The creation of the EEN has resulted in changing work practices within the EPA and local authorities that are engendering more consistent enforcement of environmental protection legislation. This is being driven by the development and implementation of guidance and procedures in a range of areas, backed up by training where required. The OEE recently published an enforcement manual that: Draws together all the enforcement protocols developed by the various working groups within the network. Outlines the structure and functions of the network and its member organisations. Provides guidance on general enforcement topics including inspection management, complaints handling and resolution, evidence gathering, and preparation for court. Provides specialised guidance and detailed inspection protocols concerning the investigation of waste-related activities. An important success factor for the network is to improve the quality of inspections and associated enforcement actions, which lead to good environmental outcomes. This manual is now available to all members of the network. The OEE also set up a shared electronic workspace or extranet for members of the network. A shared calendar of events, which includes agendas, registration forms, and copies of presentations, is available. The contacts database contains a list of all members, contact details and a list of topics that they work on. This is particularly beneficial for enforcement officers, who may be the only expert in their organisation on a topic. By searching the database they can identify the other persons working on this topic in Ireland and make contact with them. Documents on specific topics and key links to other websites are maintained. Capacity building and knowledge management have been enhanced through training, the formal dissemination of guidance, and exchange of information sessions organised on specific topics. These sessions take place in the format of meetings, seminars and conferences. From October 2004 to October 2005 over 70 events took place. An advanced training course has been developed and to date has been delivered to 60 enforcement officers throughout the country. A basic environmental inspection skills training course is being developed. A system for dealing with environmental complaints has been developed and disseminated to public authority bodies and the European Commission. The OEE is currently working with local authorities on the implementation of this system with a view to a public launch in late Improved communication has been achieved through formal events, the use of the extranet, issuing a newsletter to over 4,000 stakeholders, and issuing reports, and informally through the use of the extensive contacts database. Future actions Key priorities for the future are: Consolidating and building on the regional approach to tackling unauthorised waste activity. Continuing to develop linkages between the OEE, local authorities, An Garda Siochana and the various other bodies enforcing environmental protection legislation, particularly in relation to the detection, investigation and prosecution of environmental crime. Building capacity within the network for water enforcement activities. Establishing a producer responsibility network that will build on the work done to date on the implementation of the packaging regulations and will include new work such as the implementation of the WEEE regulations. Launching and implementing the national environmental complaints system, including awareness-raising so that members of the public will know how to avail of the system. Implementing a consistent approach to conducting environmental inspections in all relevant authorities and agencies, to include training for enforcement officers in how to conduct environmental inspections. Developing the water enforcement working groups by focusing on farm inspections and water quality issues related to sewage. Setting up a new working group to address the issue of potential risk posed by Cryptosporidium to drinking water. 21

24 Chapter 4: Enforcement of environmental protection legislation OEE Priority Promote implementation by local authorities of the EU Recommendations on Minimum Criteria for Environmental Inspections Why the need? The bulk of environmental law in Ireland and other EU States derives from EU legislation. For many years, national enforcement agencies throughout Europe have identified a need for consistency in the approach to environmental inspections. The EU Recommendation on Minimum Criteria for Environmental Inspections (MCEI) came about as a response to this need. The MCEI sets out a framework for a consistent and transparent approach to the conduct of environmental inspections. Local authorities, which have a broad range of environmental protection responsibilities, conduct the vast majority of environmental inspections nationally. By promoting implementation of the MCEI by local authorities, the OEE seeks to attain a much greater level of consistency in the completion of environmental inspections nationally. Current enforcement work Through the EEN, a working group on environmental inspections was established. This group developed a guidance manual on the implementation of MCEI for local and other regulatory authorities in Ireland that was rolled out to all local authorities at a national seminar in September Local authorities have now started the process of planning environmental inspections in accordance with the guidelines. In conjunction with FÁS (the national training agency), the EPA and local authorities are developing a training course in basic environmental inspection skills. This training course is being piloted during 2006 and will become the foundation training course for all new environmental inspectors; it will be FETAC certified and trainees will have to undergo examination in order to receive certification. This course will also be available to inspectors from other public authorities engaged in environmental inspections. It will be the first training course of its kind in Europe to be based on the EU Recommendation. Future actions The OEE will: 1 Work with local authorities in the preparation of environmental inspection plans. 1 Pilot in 2006 the training course in basic environmental inspection skills. 1 Make the environmental inspection skills training available to local authorities, the EPA and other public bodies. Implement by 2007 the requirement for all local authorities to have in place a comprehensive environmental inspection plan that complies with the requirements of the EU Recommendation. 22

25 Focus on Environmental Enforcement Chapter 5: Complaints about environmental pollution OEE Priority Provide clear guidance and support to members of the public on what to do and who to contact if they wish to report incidents of environmental pollution and failure to enforce environmental legislation Why the need? Environmental enforcement agencies can only operate effectively if they have clear mechanisms for gathering information from members of the public and concerned groups. The need for clear guidance and support on what to do and who to contact when reporting incidents of environmental pollution and failure to enforce environmental legislation was therefore seen as a key priority when the OEE was established. Current enforcement work Most pollution incidents are investigated in the first instance by the relevant local authority. Clear guidance on when members of the public should contact the OEE or the relevant local authority was made available to the public at the time of the OEE s establishment. Standard complaints forms are available on the EPA website for members of the public who wish to make a formal complaint to the OEE about either an EPA-licensed facility or a local authority. An overview of complaints received about EPAlicensed facilities and matters that are the responsibility of local authorities is provided below. The OEE has also developed, through a working group of the EEN, a National Environmental Complaints Procedure. The procedure was disseminated to all local authorities and other relevant public bodies at a national seminar in September The implementation of the procedure has the full support of the DoEHLG and the County and City Managers Association and has been welcomed by the EU Commission as a major step forward in dealing with environmental complaints in Ireland. The OEE will work closely with local authorities and assist them with the implementation of the National Environmental Complaints Procedure during A national network of practitioners is being established to facilitate sharing of knowledge and experience in the field of environmental complaints handling and resolution. 23

26 Chapter 5: Complaints about environmental pollution Complaints relating to IPPC facilities Figure 3 Complaints received by the EPA relating to IPPC facilities by category Odour Noise Air Water Procedural Miscellaneous Dust Other The EPA received 1,077 complaints regarding licensed facilities in 2004 and 1,123 complaints in Complaints from the public can be an important indicator of the environmental performance of licensed facilities. Public participation serves to assist enforcement by reporting on issues that may arise at times outside of site inspections/audits, and can be a valuable additional source of information on activities of licensees. Generally complaints are forwarded directly to the licensee for their attention and response; follow-up by EPA personnel often includes site inspections when appropriate. While the Agency is not in a position to validate each of the complaints received, both the complaint and any response by the licensed activity are placed on public file. The number of complaints received by the EPA with regard to IPPC facilities has decreased from 711 in 2004 to 466 in However, complaints about waste facilities increased from 366 in 2004 to 657 in Most complaints in this sector were odourrelated; the next most frequent complaints related to noise and air pollution at a relatively small number of facilities. Tables 5 and 6 list the IPPC licensed facilities that received over 20 complaints in 2004 and 2005 respectively. Table 5: IPPC-licensed facilities with most complaints in 2004 (received by the EPA) Reg. No. Licensee Main issue(s) of complaint No. of complaints 586 Munster Proteins Limited t/a Waterford Proteins Odour Veha Radiators Limited Odour, Air pollution Masonite Ireland Air pollution Kildare Chilling Company Odour Kepak Clonee Odour (691) Grainger Sawmills Limited Noise, Air pollution, Odour College Proteins Limited Odour

27 Focus on Environmental Enforcement Table 6: IPPC-licensed facilities with most complaints in 2005 (received by the EPA) Reg. No. Licensee Main issue(s) of complaint No. of Complaints 665 Lagan Cement Limited Noise, Air pollution, Dust Castlemahon Food Products Odour Premier Proteins (2000) Limited Odour The enforcement response has been to focus inspections on the facilities that gave rise to most complaints in 2004 and 2005, as well as contact with the licensees concerned and local communities with a view to managing the sources of nuisance through technical and operational improvements. In a number of facilities new technology has been installed that, when operated correctly, has resulted in a significant improvement. Most of the facilities in the 2004 complaints list do not feature in the 2005 list or show substantial reductions in complaints. A good example of a co-operative approach between the company, the local community and the EPA is Munster Proteins Ltd/ Waterford Proteins. As a result of responsive management, the facility improved from being the most complained about IPPC facility in 2004, with 163 complaints, to just 17 in In the first quarter of 2006 no complaints have been received regarding operations at this facility. In summary The number of complaints against IPPC sites has decreased in the past two years. In 2005, 40% of complaints made against IPPC licensees related to five companies. The most common cause of complaint in both IPPC and waste facilities is odour. Due to continued enforcement, the facilities that were the source of odour nuisance in the past are no longer the source of complaint. New technology has been installed in a number of facilities that, when operated correctly, has resulted in a significant improvement. Most of the facilities in the 2004 complaints list do not feature in the 2005 list, or show substantial reductions in complaints. The food and drink, wood, paper, textiles and leather, and surface coatings sectors had significant reductions in the number of complaints. The cement sector had a significant increase in complaints in the same period. 25

28 Chapter 5: Complaints of environmental pollution Complaints received relating to waste facilities The number of complaints that the EPA received with regard to waste facilities increased significantly over the reporting period (see Figure 4). Most complaints in this sector were odour-related, with the principal facilities being either landfill or nonhazardous waste transfer stations, as can be seen in Tables 7 and 8. The EPA s enforcement response has been to focus inspections on the facilities that gave rise to most complaints, with a view to resolving the source of the complaints through liaising with local communities and the licensees and requiring improved operational Figure 4 Complaints received by the EPA relating to waste facilities by category Odour Noise Air Water Procedural Miscellaneous Dust Other practices or technology as appropriate. The management and control of odours requires constant attention by the licensees. In the case of large-scale waste transfer stations dealing with organic wastes, licensees are required to ensure that waste handling is carried out indoors with appropriate odour abatement. In the instance of landfills the licensees are required to ensure that deposited wastes are covered with suitable cover material and that adequate infrastructure is put in place in a timely manner to ensure the collection of landfill gas for flaring and energy recovery as appropriate. In contrast with the IPPC sectors, most of the facilities that appear in the 2004 table also appear in the table for 2005, indicating the persistent nature of some of the odour issues. Table 7: Waste facilities with most complaints in 2004 (received by the EPA) Reg. No. Licensee Main issue(s) of complaint 95-2 Greyhound Recycling and Recovery Ltd - Waste Management Centre 44-2 Padraig Thornton Waste Disposal Limited - Thornton s Recycling Centre Clare County Council - Central Waste Management Facility Greenstar Recycling (Munster) Limited - Sarsfieldcourt Industrial Estate No. of complaints Odour, Noise 70+ Odour, Noise Odour, Noise, Miscellaneous Odour South Dublin County Council - Arthurstown Landfill Odour Greenstar Holdings Limited - Knockharley Landfill Odour, Noise, Miscellaneous Louth County Council - Whiteriver Landfill Site Odour

29 Focus on Environmental Enforcement Table 8: Waste facilities with most complaints in 2005 (received by the EPA) Reg. No. Licensee - Facility name Main issue(s) of complaint Greenstar Recycling (Munster) Limited - Sarsfieldcourt Industrial Estate No. of Complaints Odour Greenstar Holdings Limited - Knockharley Landfill Odour Padraig Thornton Waste Disposal Limited - Thornton s Recycling Centre Clare County Council - Central Waste Management Facility Odour Odour, Miscellaneous Ballinasloe Town Council - Pollboy Landfill Facility Odour Carlow County Council - Powerstown Landfill Site Odour, Other Greyhound Recycling and Recovery Ltd - Waste Management Centre Odour /3 Limerick County Council - Gortadroma Landfill Site Odour, Air pollution Dun Laoghaire-Rathdown County Council - Ballyogan Landfill Facility, Ballyogan Recycling Park Odour, Miscellaneous Louth County Council - Whiteriver Landfill Site Odour, Other In summary The number of complaints that the EPA received with regard to waste facilities increased significantly over the reporting period. Over half of all waste complaints received in 2005 relate to six facilities. The most common cause of complaint in waste facilities is odour. In contrast with the IPPC sectors, for which just two facilities appear in both the 2004 and 2005 tables, seven facilities appear in both the 2004 and 2005 waste tables, indicating the persistent nature of some of the odour issues. 27

30 Chapter 5: Complaints about environmental pollution Figure 5: Breakdown of the 1,077 complaints received in 2004 by sector Intensive Agriculture 3% Chemicals 3% Waste Disposal & Recovery 34% Food & Drink 37% Other Activities*** 5% 7% 10% Surface Coatings Cement 1% Wood, Paper, Textiles and Leather *** Other Activities include: Minerals & Other Materials, Energy, Metals, Fossil Fuels and Other Activities (Class 13) Figure 6: Breakdown of the 1,123 complaints received in 2005 by sector Chemicals 3% 3% Intensive Agriculture Waste Disposal & Recovery 58% Food & Drink 17% 10% Wood, Paper, Textiles and Leather 3% Cement 2% 4% Surface Coatings Other Activities*** *** Other Activities include: Minerals & Other Materials, Energy, Metals, Fossil Fuels and Other Activities (Class 13) The breakdown of complaints received by the EPA by sector for the years 2004 and 2005, as shown in Figures 5 and 6, includes the complaints received for the entire waste sector (identified as waste disposal & recovery). From these charts it can be seen that there has been a significant increase in the number of complaints received regarding waste facilities in the reporting period, whereas the main IPPC sector with complaints, food and drink, reduced significantly during the same period. The wood, paper, textiles and leather and surface coatings sectors also had significant reductions. The cement sector had a significant increase in complaints. However, some of these increases may be linked to opposition to the planned expansion of these activities. 28

31 Focus on Environmental Enforcement Complaints received relating to local authorities The Protection of the Environment Act, 2003, strengthened the powers available to the EPA to oversee the environmental protection performance of local authorities. The situation can be summarised as follows. The OEE may request information from local authorities in relation to the discharge of their statutory environmental protection functions, either in particular cases or on a more general basis. The OEE can carry out broader assessments, such as environmental audits, of local authority environmental performance. On the basis of information obtained from a local authority, the OEE can provide advice, recommendations, assistance or support. Where appropriate, the OEE may issue a proposed direction to the authority to take specific action within a specified timescale. If a proposed direction is issued, the local authority is given an opportunity to make observations to the OEE before any direction is finally issued. Where significant environmental pollution is resulting from a failure by a local authority to carry out its statutory environmental protection functions, or there is a real and imminent risk of such pollution, the OEE may issue a binding direction to the local authority. If a local authority fails to comply with a request for information or a direction from the OEE, the authority will be liable to prosecution by the OEE. The OEE will issue a direction to a local authority where it has failed to: Follow advice or recommendations made by the OEE. Carry out its statutory environmental protection functions, resulting in significant environmental pollution or a real and imminent risk of such pollution. Since the establishment of the OEE, 575 complaints about matters that are the responsibility of local authorities have been investigated by the OEE. In the vast majority of cases, the issues have been dealt with in a satisfactory manner by the relevant local authorities without the need for further action by the OEE. In 112 cases, the OEE issued advice and recommendations to the relevant local authorities. In four cases, it has been necessary for the OEE to proceed to the issuing of a proposed direction to a local authority. In all four cases, the matters were resolved to the satisfaction of the Agency. Table 9 provides an overview of the use of these powers since the establishment of the OEE; Table 10 categorises the issues involved. 29

32 Chapter 5: Complaints about environmental pollution Table 9: Enforcement notices served by the OEE on local authorities Action Complaints investigated Advice given Proposed direction Direction Table 10: Local authority enforcement issues handled by category (as % of total) Issue Waste Waste water Water quality Drinking water Planning Noise Air/Odour Future actions 1 Implement the national complaints system. 1 Continue to use the powers of the Protection of the Environment Act to investigate complaints and obtain compliance. 1 Assist the DoEHLG and local authorities in taking the necessary measures to comply with the judgment of the European Court of Justice in relation to implementation of the Waste Directive. Continue to focus inspections on the facilities that gave rise to most complaints, with a view to resolving the source of the complaints through liaising with local communities and the licensees and requiring improved operational practices or technology as appropriate. 2 From October 2003 (when OEE was established). 30

33 Focus on Environmental Enforcement Chapter 6: Prosecution of environmental offences OEE Priority Those who flout the law must as a matter of course be brought to account Why the need? As a regulator, the OEE has a range of enforcement tools available from the provision of advice and guidance, through the development of codes of practice and statutory guidance and the issuing of warning letters and statutory notices, to formal enforcement and prosecution. The use of these tools is set out in the OEE enforcement policy published in early The approach of the OEE is to encourage individuals, local authorities and businesses to integrate good environmental practice into business management. The OEE seeks to prevent environmental pollution through the promotion of best practice. Where there is a failure to meet the requirements of environmental law, the OEE will take appropriate enforcement action. Prosecution is a sanction against licensees where other enforcement actions have not resulted in improved compliance. It is a means of bringing to justice those who commit offences, bringing about remediation where necessary, and protecting the environment and the community. The OEE has a strong track record of prosecutions in the two years since its establishment. The number of prosecutions increased in parallel with increasing numbers of targeted inspections, particularly on waste facilities. A number of cases on indictment commenced in Current enforcement work In 2004 the OEE took 17 prosecutions through the courts; there were 12 cases against holders of IPPC licences and five against holders of waste licencees. The courts ruled in favour of the OEE in all but one of these cases. Three prosecutions were in the intensive agriculture sector, five were in the food and drink sector, one was in the wood, paper, textiles sector, one was in the glass sector and two were in the surface coatings sector. In relation to the five waste licence prosecutions, four concerned waste transfer stations, and the other a lack of landfill gas infrastructure at a landfill. The total costs and fines imposed for prosecutions taken in 2004 was 134,938. The legal action taken by the EPA also led to significant investment by licensees in improvements to site infrastructure for the purpose of pollution control. It is estimated from statements made in court that licensees have installed remedial measures in the region of 14 million. This has mostly been for abatement and emission control and management improvement. In 2005, 20 prosecutions were taken by the EPA and heard by the Courts. Convictions were handed down for 16 of these, three were referred to a higher court and one was dismissed on a court technicality. Eight of the cases were against waste licensees; nine were against IPPC licensees. The total costs and fines awarded to the EPA in 2005 was 189,125. Again in 2005 legal actions taken by the EPA led to significant investment by licensees in improvements to site infrastructure. These are estimated to be in the region of 19 million, mainly for abatement and emission control measures, and for the hiring of environmental managers and consultants. Almost half the prosecutions taken were initiated on foot of site inspections or audits (see Table 11). The most common issues warranting prosecution related to exceedance of emission limit values and inadequate bunding of storage areas. Other issues related to non-submission of reports; groundwater or surface water pollution or potential to pollute; non-notification of incidents; inadequate or poor management of the activity; odour; unauthorised or unapproved treatment of wastes; unapproved landspreading; and poor management of landfill gas and leachate. Sixteen of the charges were considered by the OEE to involve particularly serious breaches of licence conditions. In 18% of cases, the licensees convicted in 2004 and 2005 had previously been convicted by the EPA. A significant development in 2005 was that the Director of Public Prosecutions (DPP) directed that the three cases refused jurisdiction in the District Court be prosecuted in the Circuit Court. These cases will be heard in In addition a file has been sent to the DPP (on behalf of the EPA and An Garda Siochana) in respect of one other licensee. Further details of cases taken by the EPA are given below and also on the website, 31

34 Chapter 6: Prosecution of environmental offences A developing area of enforcement work is the provision of assistance by the OEE to local authorities in the preparation of legal actions including the taking of High Court injunctions and prosecution against a number of illegal waste operations. Guidance was provided to local authorities on the procedures for preparation of legal actions. Table 11: Cause and detection of prosecuted offences in 2004 and 2005 Causes of prosecution How offences were detected Groundwater or surface water pollution or potential of same 2 6 OEE audits 2 4 Emission Limit Value exceedences 6 3 OEE site visits Non-submission of reports; inadequate record keeping 4 1 EPA monitoring visits and reports 4 0 Non-notification of incident 3 4 Complaints received 5 3 Inadequate bunding or failure to install bunds 6 4 Incidents 2 2 Inadequate landfill gas and leachate management 2 5 Poor management of the activity 3 4 Failure to monitor 1 3 Unapproved land spreading 2 1 Operating without the relevant licence 0 1 Unauthorised / unapproved waste 2 8 Odour 2 2 Knowingly providing false and misleading information 0 1 Obstruction of EPA officers 0 1 Licencee s own monitoring reports 2 0 Future actions The focus of the OEE in 2006 will be to: 1 Strengthen links with other enforcement agencies (e.g. the Gardai, the NBCI) to improve detection of illegal activities and assist the preparation of court actions. 1 Demonstrate the effectiveness of legal sanctions through documenting changed behaviour and investment by companies in environmental improvements. 1 Publicise the details of cases taken against licensees on the EPA website and through publication of reports to inform licensees of compliance requirements. 1 Assist and support local authorities in the taking of prosecutions. Communicate key learning points from prosecution outcomes to licensees. 32

35 Focus on Environmental Enforcement Appendices

36 Appendix 1: Analysis of compliance performance by IPPC and waste sectors This appendix aims to highlight the characteristics of each of the main industrial sectors and provide an assessment of performance in terms of licence compliance. The key compliance issues to be addressed for each sector are identified. 3 Minerals and other materials There are 15 facilities in this sector with IPPC licences. The sector covers the extraction of aluminium oxide from an ore (one facility), the extraction and processing of minerals (five mining facilities), and the extraction of peat (nine facilities). The aluminium and mining sub-sectors include some of the largest and most complex industrial sites in Ireland. Ireland is the largest zinc producer in Europe and the second largest producer of lead. In 2004, 42% of Western Europe s zinc and 29% of its lead were produced in Ireland. In 2004 figures for extraction were: Tara, 2.52 million tonnes (Mt); Lisheen, 1.46 Mt; Galmoy, 0.64 Mt. Gypsum production was 0.65 Mt. The peat sub-sector produced 4.2 Mt of milled peat in the summer of The level of compliance for the peat sub-sector during was good. During this period, 29 site visits were conducted and six notifications of non-compliance were issued. The main compliance issues associated with the peat sector are the control of dust emissions and the control of suspended solids to prevent their migration into surface water. The EPA received 12 complaints, nine of which related to dust emissions. The extraction and mining sub-sectors have greater potential to cause pollution, and this is reflected in the greater level of enforcement in this area in Arising from 83 site visits conducted during 2004 and 2005, 23 notifications of noncompliance were issued. Three facilities in the mining sub-sector accounted for 17 of these notifications of non-compliance. The primary compliance issues that arise on these sites are associated with emissions to water of zinc, lead, ammonia and suspended solids, particularly where significant volumes of groundwater are pumped to surface waters. These risks are minimised through compliance with the emission limits specified in each licence. Given the volumes of waste generated by this sector (>4 Mt in 2004), waste storage is a compliance issue that has to be monitored through effective tailings pond management and the provision of adequate financial liability. The EPA received 29 complaints, mostly related to noise (in particular noise/vibration caused by blasting), emissions to air and waste management. In all cases of non-compliance and valid complaint, the facilities were required to take corrective actions including measures to minimise the likelihood of any recurrence. Implementation of corrective actions was followed up during further site visits. The mining sites have made progress in implementing corrective actions, but the overall performance of this sub-sector is being closely monitored. Table 12: Minerals and other materials sector enforcement activity 2004/2005 Number of facilities licensed Number of visits (site inspections, audits) Number of complaints: Enforcement actions taken: Notifications of non-compliance issued: Number of prosecutions 0 0 Number of convictions The maps in Appendix 1 show the locations of licensed facilities (active, applied and closed sites) at the end of

37 Focus on Environmental Enforcement Energy: the production of energy in plants >50 MW There are 24 facilities licensed in the energy sector, almost half of which have either not yet commenced their activity or have ceased. There were 14 plants in operation at the end of This is against a background of a 53% increase in electricity generation over the past 10 years. Operations on energy generation sites are mainly related to the transportation of fuel (coal, oil, peat, gas) onto the site and the combustion of this fuel to produce electricity for the national grid. The main emissions from this sector are CO 2, SO 2, NO x, and particulates, to the atmosphere. More than half of the licensees in this sector are owned and operated by the ESB. Standards of management on energy generation sites are considered to be generally satisfactory. Inspections carried out over the past two years have identified compliance issues associated with the bunding of transformers; the operation, management, and calibration of the continuous emission monitoring systems (CEMS); and in some cases exceedances of emission limits (e.g. particulates to air, SO 2 emissions, suspended solids to water, ph exceedances, lack of continuous CO monitoring, high NO x emissions). During the period January 2004 to December 2005 the EPA issued 26 notifications of non-compliance as a result of 49 individual noncompliances with licence conditions. Nearly half of the sites in the energy generation sector are fully compliant with their licence. A small number of complaints were registered against energy companies, mainly related to emissions to air, fugitive dust emissions, noise, and incidents such as oil spillages arising on site. Table 13: Energy sector enforcement activity 2004/ Number of facilities licensed 24 Number of visits (site inspections, audits) Number of complaints: 19 7 Enforcement actions taken: Notifications of non-compliance issued 9 17 Number of prosecutions 0 0 Number of convictions

38 Appendix 1: Analysis of compliance performance by IPPC and waste sectors Metals This sector includes the processing of iron, the recovery of nonferrous metal, boiler-making and sheet metal fabrication. It consists of small-scale and long-established businesses, many of which are not well managed from the perspective of the environment. The small scale nature of these activities causes difficulties in the operation of appropriate environmental management systems and training of staff. However, as demonstrated by a few companies in this sector, high standards can be achieved. Sites in this sector are classified in the medium to low risk categories. 37 facilities are licensed in this sector, of which 29 are actively operating sites. Most of these have significant difficulties in complying with licence conditions. 63 notifications of noncompliance were issued and one site was prosecuted during the reporting period. Ten sites accounted for 65% of the noncompliances identified. Five companies achieved a satisfactory level of compliance. While this is not a major industrial sector in Ireland, it has the potential to generate hazardous wastes, cause noise pollution, release hazardous pollutants (e.g. heavy metals) to water or to sewer, and release emissions to air. Compliance issues identified over the past two years include: g The containment and storage of hazardous materials and waste. g g Noise pollution. Waste management on-site and off-site. Management issues identified related to inadequate training, monitoring and reporting. Licensees need to control the risk associated with handling hazardous materials, which can lead to soil and groundwater pollution. For small indigenous industry, putting in place the financial provision to deal with contamination will be challenging. Table 14: Metals sector enforcement activity 2004/ Number of facilities licensed 37 Number of visits (site inspections, audits) Number of complaints: 2 5 Enforcement actions taken: Notifications of non-compliance issued Number of prosecutions 0 1 Number of convictions

39 Focus on Environmental Enforcement Mineral fibres and glass The mineral fibres and glass sector covers manufacture of glass fibre or mineral fibre, manufacture of glass, and manufacture of industrial diamonds. It is a very small sector in Ireland, with just six sites licensed. Five sites are currently active, following the closure of one site during the reporting period. Sites in this sector are classified in the medium to high risk categories. The sector has had significant difficulties in the past, but improvements have been made recently in terms of licence compliance, sometimes with considerable financial expenditure. For example, one company recently invested 9.4 million at two of its facilities. The main issues are emissions to air (particulates, acid gases), effluent discharges of heavy metals, and heavy metals in solid waste. The compliance issues for this sector are related to the exceedance of emission limits to sewer and atmosphere; the disposal and recovery of waste; and the lack of adequate bunding facilities for on-site storage of hazardous materials. One facility accounted for nearly 50% of the non-compliances identified in the audits and inspections of the sector carried out in 2004 and Table 15: Mineral fibres and glass sector enforcement activity 2004/ Number of facilities licensed 6 Number of visits (site inspections, audits) Number of complaints: 0 0 Enforcement actions taken: Notifications of non-compliance issued 4 9 Number of prosecutions 1 1 Number of convictions

40 Appendix 1: Analysis of compliance performance by IPPC and waste sectors Chemicals The chemicals sector is the largest of all the sectors regulated by the EPA. It has the potential to cause environmental impact due to the very wide range of manufacturing activities. These activities include the manufacture of organic or organo-metallic chemical products, inorganic chemicals, pesticides, pharmaceuticals, paints, inks, resins, dyes, glues and adhesives. There are 97 licensed sites in the chemicals sector. Of these, 13 have ceased operation but licences continue to be enforced during closure and decommissioning. The sector is characterised by large multinational facilities that can achieve a very high environmental standard, but also, at the other end of the scale, facilities with a poor level of compliance a number of the latter were the source of some incidents of public concern during The OEE carried out 694 site visits in this sector during 2004/2005, leading to 141 non-compliance notifications. Eight facilities accounted for 28% of the non-compliances identified. Compliance issues identified over the reporting period include bunding and storage of hazardous/dangerous substances and waste onsite; onsite records (particularly those related to monitoring of waste and emissions); exceedances of emission limits, and the handling, transport and recovery/disposal of on-site waste water treatment plant sludge. There were deficiencies in company Emergency Response Procedures, relating to the training of relevant staff in order to cope with an emergency and to communications between the site and the public and regulatory authorities. Other weaknesses related to groundwater and surface water contamination. 246 complaints were received during 2004/2005.The majority of these related to odours and noise off-site, particularly odours from on-site waste water treatment plants (WWTP). Various initiatives are under way to reduce these odours, including the covering of WWTP tanks. Many companies are trying to reduce noise levels by reducing the amount of work carried out during noise-sensitive hours and investing in abatement equipment. Table 16: Chemicals sector enforcement activity 2004/ Number of facilities licensed 97 Number of visits (site inspections, audits, monitoring visits) Number of complaints: Enforcement actions taken: Notifications of non-compliance issued Number of prosecutions 0 0 Number of convictions

41 Focus on Environmental Enforcement Intensive agriculture/farming The intensive agriculture sector covers the intensive rearing of pigs and poultry. This is the third largest IPPC licensed sector, with 91 facilities licensed to date; 88 of these are pig-rearing units and three are poultry-rearing units. Recent audits and inspections show that a high proportion of licensees in this sector are experiencing great difficulty in reaching a satisfactory level of compliance with licence conditions. During 2004, 65 site inspections and 33 audits were carried out on intensive agriculture sites, and 97 notifications of non-compliance were issued. In 2005, 78 site inspections and 14 audits were carried out, and 83 notifications of non-compliance were issued. In this two-year period, 23% of licensees received one to three non-compliances, 26% received four to five noncompliances, 35% received six to 10 non-compliances, and 4% received more than 20 non-compliances. The most common non-compliances relate to the management of slurry (e.g. nutrient management plans not submitted or with an insufficient landbank), landspreading on unapproved farms, and tank and pipeline assessment not being carried out. In the reporting period there were four major incidents of spillage or inappropriate spreading of slurry. Compliance issues related to site management are commonplace, particularly the handling of dead carcasses, waste management (burning of waste and recordkeeping), control of yard runoff, and lack of groundwater monitoring. One of the main issues for this sector is the disposal/use of slurry from piggeries. Approximately 3 Mt (5% of the total estimated agricultural organic waste) is produced by the intensive agriculture sector. To manage this material, licensees are required to prepare and submit a nutrient/slurry management plan annually, which outlines how slurry is to be managed and disposed of. Currently this sector is refusing to co-operate with the EPA in providing information that can be made publicly available on where slurry is spread. Three prosecutions were taken against piggeries in the 2004/2005 period. The key charges were for landspreading not in accordance with a nutrient management plan, and not maintaining a slurry register. Three further prosecutions, on foot of noncompliant site inspections carried out during 2005, are awaiting court hearings. The complaints received by the EPA related to 16 facilities. The most common complaints relate to odour, water pollution and spreading of slurry. Table 17: Intensive agriculture sector enforcement activity 2004/ Number of facilities licensed 91 Number of visits (site inspections, audits) Number of complaints: Enforcement actions taken: Notifications of non-compliance issued Number of prosecutions 3 0 Number of convictions

42 Appendix 1: Analysis of compliance performance by IPPC and waste sectors Food and drink 67 facilities are licensed in this sector, which includes dairy products, brewing and distilling, the slaughter of animals, the manufacture of fish meal and oil, the manufacture of sugar, and the rendering of animal byproducts. More than two-thirds of the facilities (45) are in the slaughtering and rendering sub-sector. In 2004 and 2005 there was a marked improvement in operator performance, following a concerted enforcement effort. While compliance issues were raised at 80% of facilities in this sector, most of the compliance notices issued relate to the slaughtering sector. The most prevalent non-compliance detected, and the area of most concern, is the exceedance of emission limits to surface water and to sewer. These emission exceedances relate to organic pollution, e.g. high levels of ammonia, nitrate and biological oxygen demand in water. A number of facilities failed to notify the EPA and other authorities such as the Regional Fisheries Board or local authority of incidents and emission limit value (ELV) exceedances as required under their licences. The primary compliance issues relate to management of on-site waste water treatment plants, performance and monitoring, odour control, staff training, procedures, and management of organic wastes. This sector is the subject of the majority of complaints made against IPPC licensees. These arise mainly from the slaughtering and rendering sectors. The number of complaints decreased significantly in 2005 due to measures taken by the companies (e.g. investment in odour abatement technology and change of management practices) arising from enforcement action by the OEE. The sector accounted for the highest level of prosecutions by the EPA in recent years. The most common charges include breaches of emission limit values for emissions to sewer and water, non-notification of incidents and odour management. Table 18: Food and drink sector enforcement activity 2004/ Number of facilities licensed 67 Number of visits (site inspections, audits, monitoring visits) Number of complaints: Enforcement actions taken: Notifications of non-compliance issued Number of prosecutions 5 3 Number of convictions

43 Focus on Environmental Enforcement Wood, paper, textiles and leather This sector comprises the sub-sectors of timber treatment, board manufacture, dyeing of textiles, and manufacture of synthetic fibres. There are 75 facilities: 50 in wood treatment, four in board manufacture, 19 in dyeing of textiles, and two in synthetic fibres. The sector continues to experience difficulty in licence compliance, with most of the problems arising from wood treatment operations. Wood treatment involves the use of timber preservatives, some of which are hazardous to human health and/or toxic to aquatic animals. Significant risks of contamination of surface water and groundwater exist where there is poor management of the timber preservative, uncontrolled run-off and releases to soil. 177 site inspections of wood treatment operations were carried out in , resulting in a total of 369 non-compliances and the issuing of 103 notifications of non-compliance. Non-compliances pertained mainly to contamination of surface water and groundwater due to poor storage of treated wood, inadequate bunding or spillage. Poor waste management practices have also been identified, such as unauthorised waste disposal and inadequate waste records. There are known surface water or groundwater contamination issues at 15 facilities. Complaints received were mainly in relation to noise and dust issues. The performance of licensed operations in board and textiles is variable, with some of the board manufacturing plants experiencing difficulties in achieving compliance. The textile sector is operating at a satisfactory level in terms of compliance, although it has shown a marked decline in activity. 67 inspections were carried out of board and textile licensed sites in Arising from these, 32 notifications of noncompliance were issued. These related to inadequate bunding/containment, tank and pipeline testing, exceedance of emission limit values to air and surface water, and inadequate provision of abatement equipment and waste management. Table 19: Wood, paper, textiles and leather enforcement activity 2004/2005 Wood Treatment Enforcement Number of facilities Licensed 75 Number of visits (site inspections, audits) Number of complaints: Enforcement actions taken: Notifications of non-compliance issued Number of prosecutions 1 1 Number of convictions 1 1 Board & Textiles Enforcement Number of visits (site inspections, audits) Number of complaints: Enforcement actions taken: Notifications of non-compliance issued Number of prosecutions 1 2 Number of convictions

44 Appendix 1: Analysis of compliance performance by IPPC and waste sectors Fossil fuels This sector comprises two licensed facilities, which are involved in the handling and storage of crude petroleum and the refining of petroleum. The two sites are generally well managed. Both are in the high-risk category due to the nature of the operations. Compliance is generally satisfactory for both facilities. 10 site inspections were carried out in 2004 and also in The main issue associated with these facilities is the risk of uncontrolled releases of oil and oil products to waters. The licence requirements and the monitoring carried out reflect these risks. Improved effluent treatment and control have addressed issues in relation to effluent emissions to waters. The refinery at Whitegate, Co. Cork has invested significantly in meeting the requirements of the EU Auto Oil Directives, Auto Oil II The refinery now produces diesel fuels with <10 ppm sulphur. The refinery also took part in a successful biofuel pilot project in 2005 to produce ultra low sulphur diesel. Table 20: Fossil fuels sector enforcement activity 2004/ Number of facilities licensed 2 Number of visits (site inspections, audits) Number of complaints: 3 7 Enforcement actions taken: Notifications of non-compliance issued 4 0 Number of prosecutions 0 0 Number of convictions

45 Focus on Environmental Enforcement Cement production Four facilities are licensed in this sector and during 2004 and 2005 a total of 47 audits and inspections were carried out. The compliance issues identified were inadequate waste management (e.g. incomplete waste records and the use of waste contractors). Persistent issues have also arisen associated with dust emissions, causing nuisance to nearby residents. The number of complaints increased more than three-fold from 2004 to 2005; the majority of these (129) relate to one site. The complaints also coincided with an application by the facility for the use of meat and bone meal as a fuel. These complaints related to noise, dust and vibration, or blasting. The company is working with the OEE and the local community to address these issues. Table 21: Cement sector enforcement activity 2004/ Number of facilities licensed 4 Number of visits (site inspections, audits) Number of complaints: Enforcement actions taken: Notifications of non-compliance issued 7 7 Number of prosecutions 0 0 Number of convictions

46 Appendix 1: Analysis of compliance performance by IPPC and waste sectors Surface coatings This is the second largest sector in IPPC with 92 licensed facilities; however, there are 24 sites in this sector that have ceased operations in recent years. At the end of 2005 the sector comprised 74 sites involved in surface coatings using organic solvents and 18 sites involved in electroplating. This sector is diverse in that it includes activities varying from small printing operations to large pharmaceutical manufacturers that conduct coating activities for prescription products. 139 notifications of non-compliance were issued over the 24 months, of which four were significant notices of noncompliance. The main compliance issues in this sector relate to material storage, waste management and inadequate fugitive emissions reduction programmes or breaches of ELVs. Three companies achieved full compliance with their licence in While 163 complaints were made against sites in this sector during the reporting period, there was a significant reduction from 2004 to Most of the complaints were odour-related and 24 of these related to one facility, which ceased operations in April Table 22: Surface coating sector enforcement activity 2004/ Number of facilities licensed 92 Number of visits (site inspections, audits) Number of complaints: Enforcement actions taken: Notifications of non-compliance issued: Number of prosecutions: 2 0 Number of convictions:

47 Focus on Environmental Enforcement Other activities The sector includes a wide variety of industry categories, from small or medium-size enterprises to large multinationals. These activities range from testing of engines, manufacture of integrated circuit boards, lime production and manufacture of coarse ceramics. The record of compliance is similarly variable, from very good to poor. 14 facilities are licensed in this sector; three of these sites have ceased the activity for which a licence was granted. Many of the activities have significant emissions to atmosphere and generate significant quantities of hazardous wastes. None of the facilities achieved full compliance in this sector; 25 notifications of noncompliance were issued during the reporting period. The main compliance issues identified included emissions to atmosphere (requiring in one case an elevation of stack height), waste management (storage, disposal, record-keeping) and poor bunding and containment. Table 23: Other activities sector enforcement activity 2004/ Number of facilities licensed 14 Number of visits (site inspections, audits) Number of complaints: 17 9 Enforcement actions taken: Notifications of non-compliance issued 16 9 Number of prosecutions 0 0 Number of convictions

48 Appendix 1: Analysis of compliance performance by IPPC and waste sectors Waste licences issued under the Waste Management Acts 1996 to waste licences were in force during the reporting period. Of these, two licences have been surrendered one relating to a remediated contaminated land site and the other a licence for a landfill facility that was not activated. An assessment of compliance and issues for each of these sub-sectors is given below. Landfills During the reporting period there were 81 facilities that were subject to a waste licence and that consisted of or included a landfill. Of these, at the end of the reporting period: 1 36 were active landfills (one of these was accepting a small amount of waste prior to closure) had not commenced landfilling were closed landfills. 1 One facility had surrendered its licence (activity not commenced under licence). A number of the active and closed landfills included other waste operations such as waste transfer/recovery, civic amenity and composting. The number of landfills operating at the end of the reporting period (i.e. 36) is significantly reduced from the corresponding number during the mid-1990s, when landfills were primarily operated by local authorities. The number of local authority operated landfills has reduced considerably since then, while the private landfill operator has come to the fore. In 1995 there were 95 local authority operated landfills, 4 whereas there were only 25 such facilities at the end of the reporting period. Of the 11 privately operated facilities, eight accept inert waste and/or their own waste (such as peat, peat ash, sludge) only; the other three accept non-hazardous wastes (one of these has a separate cell for waste construction materials containing asbestos). Of the 15 licensed facilities that had not commenced landfilling activities as of the end of the reporting period, three licences had been issued to local authorities and 12 to private licensees. It is likely that there will soon be more privately owned and operated landfills than publicly run facilities. Landfills in Ireland are being operated to a much higher standard than previously, with improved management, design, monitoring and resources. Fewer but larger landfills are now in operation, with the largest licensed to accept up to 600,000 tonnes of waste per annum. The landfilling of waste in unlined areas, which was prevalent in the facilities in the mid-1990s, is coming to an end due to the development of lined cells and closure of older landfills. Due to the increase in the quantities of methane (a greenhouse gas) being flared and utilised at licensed landfills in 2004, there has been a considerable reduction in the net quantity of methane being emitted from landfills. Preliminary figures being prepared for the European Pollution Emissions Register (EPER) for the year 2004 (the most recent reporting year for EPER) indicate that 45,376 tonnes of methane was emitted from Irish landfills as opposed to 67,758 tonnes in 2001 (a 33% reduction). 4. Local Authority Landfill Sites In Ireland A Report for , EPA

49 Focus on Environmental Enforcement Table 24: EPER methane figures for landfills (kg) Total methane generated (kg) 100,406, ,652,285 Total methane flared or utilised (kg) 32,648,542 57,999,556 Methane emissions from landfill (kg) 67,757,790 45,375,783 Compliance issues vary depending on site management and the age of the facility (lined/unlined etc.). One significant difference in the enforcement of publicly and privately operated landfills is the delay encountered in the provision of key infrastructure at local authority facilities; this is primarily due to public procurement obligations. Table 25 summarises enforcement actions taken during the reporting period. Table 25: Landfill sector enforcement activity 2004/ Total Number of facilities licensed 81 Number of visits (site inspections, audits, monitoring visits) Notifications of non-compliance issued: Number of prosecutions: Number of convictions: Key issues of non-compliance that have arisen in the reporting period and that have been the subject of a number of successful prosecutions in the District Court are as follows: Failure to provide active landfill gas collection and flaring infrastructure. Inadequate leachate and surface water management. Failure to prevent leachate discharging to surface waters and to monitor levels of leachate and quality of surface water within the vicinity of the landfill facility. Exceedances of permitted leachate levels. Failure to control odours emanating from the landfill. Failure to cover the working face with suitable material at the end of the working day. Filled areas/cells of the landfill not permanently capped within the specified timeframe. The six prosecutions referred to above, as well as a further two cases that are with the Director of Public Prosecutions at present, all relate to local authority operated facilities. Complaints Most of the complaints that the EPA received in relation to landfills related to odour. These accounted for approximately 16.5% of all complaints received during the reporting period for all IPPC and waste licensed facilities. 10 landfills were responsible for 90% of these complaints: it is of concern that these include the most recently opened landfills, which have engineered lined cells in place, and some older landfills containing engineered lined cells in recent years. Other complaints received related to infrastructure, litter, noise and dust, and, to a lesser extent, flies, rodents and a number of other issues. 47

50 Appendix 1: Analysis of compliance performance by IPPC and waste sectors Priority issues Odour controls/measures are a priority issue. The installation of landfill liner generally leads to increased landfill gas and odour emissions through the top of the landfill. This is counteracted through the provision of adequate daily and intermediate cover for waste, the timely provision of appropriate landfill gas control infrastructure, the sizing and phasing of filling of cells to minimise potential air emissions, and the timely capping of landfills. While the rate of landfilling of municipal waste has decreased from 92.2% in to 67% in 2004, 6 there has been an increase in the time for which waste may be stored prior to collection and ultimate disposal, and consequently the odours from waste arriving at landfills for disposal are a bigger issue now than previously. The increasing number of complaints associated with landfill operations may continue unless serious steps are taken to divert the volume of biodegradable waste currently going to landfill to composting and other waste treatment operations. Non-hazardous waste transfer stations (including recovery/processing facilities) During the reporting period there were 53 waste licences in force regarding waste transfer stations/recovery/processing facilities dealing with non-hazardous wastes. 13 of these are licensed to local authorities and 40 to the private sector. Of these, during the reporting period: 1 45 were in operation. 1 Four had ceased activity. Four had not commenced activity. Facilities in this sector can process large quantities of waste, with some facilities accepting in excess of 250,000 tonnes per annum. Waste types accepted include domestic, commercial, industrial, and construction/demolition waste. Most of the wastes are required to be processed within buildings. Recyclable waste (e.g. paper, wood, plastic, metal, cans, and inert materials) is normally picked out and sent to recycling facilities, with the residual non-recyclable waste sent to landfill. In general the level of compliance in this sector over the reporting period was poor and needs to be improved. Table 26 summarises enforcement actions taken during the reporting period. 153 notifications of non-compliance were issued to 37 of the facilities in this sector. Non-compliances identified included: 1 Odours from the facility giving rise to odour nuisance beyond the facility boundary. 1 Use of waste contractors and facilities without prior approval from the EPA. 1 Inadequate/incomplete waste records. 1 Exceedances of licensed annual tonnages for waste acceptance. 1 Facilities operating outside licensed hours. 1 Waste processed and stored outside the waste transfer building. Drum and barrel storage in unbunded areas Of a total of Mt landfilled National Waste Database Report 1995, EPA Of a total of Mt landfilled National Waste Report 2004, EPA 2005.

51 Focus on Environmental Enforcement Six successful prosecutions were taken in relation to facilities in this sector during the reporting period. The charges related to the issues listed above and to failures/inadequacies regarding: Provision of infrastructure including a waste transfer station, impermeable hardstanding and waste water collection infrastructure. Fire controls. Maintenance of waste records for all waste loads accepted. Inappropriate or improper waste management practices. In particular, unauthorised waste activities, transferring waste to sites that were not agreed by the EPA in the Republic of Ireland and Northern Ireland. The facilities to which waste was transferred illegally were unsuitable for the waste that they received. Table 26: Non-hazardous waste transfer stations sector enforcement activity 2004/ Total Number of facilities licensed 53 Number of visits (site inspections, audits, monitoring visits) Notifications of non-compliance: Number of prosecutions: Number of convictions: Complaints Most of the complaints that the EPA received about facilities in this sector related to odour. These accounted for approximately 18.5% of all complaints that the EPA received during the reporting period for all IPPC and waste licensed facilities. Nearly 80% of these odour complaints related to three facilities that process large quantities of waste. Priority issues The control of odours at waste transfer stations dealing with large quantities of municipal waste and other commercial wastes is an area where significant improvement is needed. Waste records and ultimate destinations of waste need to be properly recorded/documented in accordance with legislative requirements. The transfer of waste off site to appropriate facilities in accordance with the terms of the waste licence and other legislative requirements. Suitable/unsuitable uses of wastes from shredding and trommelling of waste, construction and demolition wastes, biostabilised wastes and timber wastes need to be clearly identified. Hazardous waste transfer stations (including recovery/processing facilities) During the reporting period 19 waste licences were in force regarding waste transfer stations and recovery/processing facilities dealing with hazardous wastes (and also non-hazardous wastes). All of these facilities are licensed to the private sector. Of these, during the reporting period: 14 were in operation. Four had ceased activity. One had not commenced activity. Hazardous transfer stations accept and process a wide range of hazardous and non-hazardous waste from industry and the commercial sectors. The waste tonnages handled per annum are smaller than those at non-hazardous transfer stations. The activities carried out include storage of waste awaiting export, bulking/blending of waste solvent prior to export, recovery of waste solvent, recovery of materials from waste, physico-chemical treatment of waste (neutralisation, precipitation, redox, etc.) and biological treatment of waste. 49

52 Appendix 1: Analysis of compliance performance by IPPC and waste sectors In general the level of compliance in this sector is good, reflecting well operated and mainly compliant facilities. Table 27 summarises enforcement actions taken during the reporting period. No prosecutions were initiated during the reporting period. A very small number of complaints were received, relating to odours and miscellaneous issues. Table 27: Hazardous waste transfer stations sector enforcement activity 2004/2005 Number of facilities licensed Total Number of visits (site inspections, audits, monitoring visits) Notifications of non-compliance issued: Number of prosecutions/convictions: Priority issues The compliance issues identified during the reporting period include: 1 Effluent emission limit exceedances to sewer. Inadequate storage facilities for chemicals or storage in unbunded areas. Incinerators Two applications for the establishment of incinerators were approved by the EPA and waste licences were issued at the end of No licensed activity commenced under these licences during the reporting period. Composting facilities There were 11 waste licences in force for composting activities as the primary activity, of which six were active and five had not commenced operations during the reporting period. Of the six active facilities: 1 Five are specifically involved in the composting of waste (e.g. poultry litter) for the production of mushroom growing substrate. One is involved in the composting of green waste. Details in this section relate to the 11 waste licences referred to above, although some of the priority issues listed below relate to composting activities at licensed facilities where there is a different principal activity (e.g. mainly landfills and waste transfer stations). Because almost all the facilities in this sector have been licensed only during the reporting period, and so few of these facilities are currently operational, there has been limited enforcement experience through which to benchmark the compliance performance of this sector. While currently small, the sector is expected to expand greatly in the coming years. There are numerous drivers in both an Irish and an international context that will encourage further dedicated composting facilities. These include higher landfill gate fees, better waste management planning, and the high diversion targets to reduce the quantity of biodegradable waste going to landfill (as outlined in the Landfill Directive, 1999/31/EC, and Irish government policy documents). A significant number of transfer stations produce organic fines from the screening of mixed municipal waste. This material is sent for composting at both licensed and permitted facilities. The end product of this composting process has generally been of poor quality (e.g. containing a high level of contaminants) and can be considered as stabilised biowaste at best, rather than a goodquality compost. Stabilised biowaste has limited end-uses and the increased production of this type of material may jeopardise the future production of high-quality compost in Ireland and/or the roll-out of segregated biodegradable waste collection here. 50

53 Focus on Environmental Enforcement Table 28 summarises enforcement actions taken during the reporting period. Non-compliances noted by the OEE mainly related to odour nuisance, delays in the provision of required infrastructure, inadequate monitoring, poor surface water control, poor integrity of yard surfaces, outstanding reports and inadequate record-keeping. Table 28: Compost facilities sector enforcement activity 2004/2005 Number of facilities licensed Total Number of visits (site inspections, audits, monitoring visits) Notifications of non-compliance issued: Number of prosecutions/convictions: In view of the small number of active licensed facilities in this sector during the reference period, it is notable that a relatively high number of complaints (30) were received by the EPA. These mostly related to odour nuisance, but noise emissions and lack of infrastructure were also highlighted. Priority issues Appropriate odour management systems to be put in place to control odours. Provision of appropriate technology to minimise noise emissions. Proper maintenance of yard surfaces to protect surface and groundwater bodies from contaminated runoff at mushroom substrate production facilities. Where unauthorised composting facilities are in operation, or where permitted facilities are operating above the licensing threshold, the OEE will pursue enforcement actions to bring such facilities into the licensing system. 51

54 Appendix 1: Analysis of compliance performance by IPPC and waste sectors Contaminated land sites Four waste licences were in force, during the reporting period, for contaminated land sites and remediation activities. This sector primarily relates to soil contamination from previous activities, typically involving hydrocarbon compounds. One of the facilities relates to treatment of waste (mixed construction, chemical, municipal, hospital, and hazardous clinical waste) that was deposited in an unauthorised landfill. One facility ceased the licensable activity and surrendered its waste licence in 2005; another did not commence the activity during the reporting period. Table 29 summarises enforcement actions taken during the reporting period. Non-compliances noted by OEE mainly related to exceedances in emissions limits for discharges to sewer and to surface water. One complaint, which was odour-related, was received during the reporting period. Table 29: Contaminated land sites sector enforcement activity 2004/2005 Number of facilities licensed Total Number of visits (site inspections, audits, monitoring visits) Notifications of non-compliance issued: Number of prosecutions/convictions: Priority issues For facilities at which the activity has recently ceased or is about to cease, the completion of all remedial works and the restoration of deposited materials are the main issues requiring attention. Dredging facilities During the reporting period, four waste licences were in force regarding dredging operations in coastal areas. The focus of these licences has been to control the environmental impact of depositing and processing the dredged materials. Of these facilities during the reporting period: 1 One was operational. 1 Two had ceased operating in One had not commenced activities. 52