Waste Enforcement

Effective enforcement of waste legislation is vital for the credibility of our systems of waste management. The key objectives for waste enforcement in Ireland are to ensure that an effective system is in place to protect our environment and the health of our citizens.

A review of waste enforcement structures was conducted in 2013, in line with a commitment in Ireland's Waste Management Policy. The review looked at the respective regulatory and enforcement roles of the Environment Protection Agency and local authorities. It identified the existing strengths and weaknesses in this area and made recommendations for the future.

Ireland has experienced improvements in waste enforcement in recent years and a corresponding change in the culture of compliance. However, new and complex challenges await and Ireland must respond with new solutions and greater flexibility in the way we deliver them.

Improved enforcement has been underpinned by financial support from the Department to retain a network of enforcement officers across the country. It is imperative that the system it is supporting is as efficient and effective as possible and that the optimum structures are in place to deliver the best outcomes in terms of waste enforcement.

Local Authorities

Local Authorities have significant powers under waste legislation which enable them to tackle illegal waste activity. If you have an environmental complaint it should be reported to the relevant local authority.

Waste Enforcement Regional Lead Authorities (WERLAs)

Three Waste Enforcement Regional Lead Authorities (WERLAs) were established in 2015 to drive improved performance and greater consistency across waste enforcement.

The WERLAs have responsibility for coordinating waste enforcement actions within regions, setting priorities and common objectives for waste enforcement, ensuring consistent enforcement of waste legislation across the three existing waste management planning regions while still leaving local authority personnel as first responders on the ground to specific breaches of waste legislation. The WERLAs will facilitate more streamlining of the tasks currently undertaken in the waste enforcement area.

The work of the WERLAs is overseen by a National Steering Committee which includes representatives from a wide range of regulatory authorities. National waste enforcement priorities are set by the committee and drive consistency at a central level. Other stakeholders in the waste sector have an opportunity to input into this enhanced waste enforcement structure through an Industry Contact Group.

​Office of Environmental Enforcement (OEE)

The Office of Environmental Enforcement (OEE) is an office within the Environmental Protection Agency (EPA) dedicated to the implementation and enforcement of environmental legislation in Ireland. They put the environment first and encourage individuals and businesses to integrate good environmental practices into normal working methods. The Office seeks to prevent environmental pollution before it has a chance to occur.

The OEE exercises a supervisory role in respect of the environmental protection activities of local authorities and in this regard it may take action against local authorities that are not discharging their environmental protection functions properly.

Make an Environmental Complaint

The primary responsibility for the management of any waste, including costs for removal or disposal, lies with the person in possession of the waste, or the producer of the waste. The Waste Management Act imposes a general duty of care on holders of waste, under which a person may not hold, transport, recover or dispose of waste in a manner that causes, or is likely to cause, environmental pollution.

Penalties for serious dumping offences provided for under the Waste Management Acts are substantial. Persons who are found to be responsible for, or involved in, the unauthorised disposal of waste are liable to a maximum fine of €5,000 on summary conviction and/or imprisonment for up to 12 months, and to a maximum fine of €15 million on conviction on indictment and/or imprisonment for up to 10 years.​​

Enforcement actions against illegal waste activity are a matter for the local authorities and the Office of Environmental Enforcement (OEE). Under the Waste Management Act, the Minister for the Environment, Climate and Communications is precluded from exercising any power or control in relation to the performance by the EPA or a local authority of a statutory function vested in it, including enforcement functions.

Anti-Dumping Initiative

We are aware of the problems caused by illegal dumping. Illegal dumping is a matter of individual responsibility and compliance with the law. While enforcement in this area is down to local authorities, we encourage a multi-facetted approach to tackling the problem, incorporating enforcement, public awareness and education.

We developed an Anti-Dumping Initiative to work in partnership with local authorities and community organisations in identifying high risk or problem areas, developing appropriate enforcement responses and carrying out clean-up operations.

Illegal Waste Collectors

Local Authorities across the country are working closely with An Garda Síochána to clamp down on illegal Waste Collectors and/or "Man in the Van" type operations.

All waste collectors must hold a valid Waste Collection Permit issued by the National Waste Collection Permit Office (NWCPO). A full list of registered Waste Collectors can be viewed on their website. As part of their permit conditions, all registered waste collectors must have their Permit Numbers displayed on their van/lorry and carry a copy of their permit in their vehicle.

If an individual or a 'man with a van' offers to take away your waste cheaply, there is every chance that your waste will end up being dumped – in a bog, in a field, on a country lane. If this happens and the waste is then traced back to you, you will be responsible for cleaning it up and will receive a fine of anything from €150 to €3,000 on conviction in court. Ultimately, it is your responsibility as a waste holder to ensure that your waste is disposed of correctly.

If you are approached by someone offering to take your waste away and you suspect that they are unpermitted, or if you see them advertising online, please report it immediately in confidence to the Environment Section of your local authority.

In order to address Data Protection concerns over the legal basis for the use of Closed-Circuit Television (CCTV) cameras by local authorities in the enforcement of both waste and litter legislation and in particular, the data processing element of such usage a commitment was given in Ireland’s Waste Action Plan for a Circular Economy to data proof all waste enforcement legislation to ensure that all available and emerging Audio-Visual Recording (AVR) equipment, including CCTV, can be utilised in a manner which is General Data Protection Regulation (GDPR) compliant.

The Circular Economy and Miscellaneous Provisions Act 2022, which was enacted in July 2022, advanced a number of priority provisions identified in the Waste Action Plan, including providing for the GDPR-compliant use of a range of technologies, such as CCTV. The Act facilitates both the use of CCTV and in more limited situations, the use of "mobile recording devices" such as body cams and drones. The Act provides for the establishment of CCTV schemes under either the Litter Pollution Act or the Waste Management Act, however the use of other mobile recording devices, such as drones and body cams, is provided for under the Waste Management Act only.

Sections 22 and 33 of the above Act required the Local Government Management Agency (LGMA) to prepare and submit draft codes of practice to the Minister for Environment, Climate & Communications for approval, for the purposes of setting standards for the operation of CCTV and other mobile recording devices in order to deter environmental pollution and to facilitate the prevention, detection, and prosecution of both littering and illegal dumping offences.

The LGMA were also required to consult with the Office of the Data Protection Commissioner, the Minister of Justice and the Minister for Housing, Local Government and Heritage as part of the process of drafting these Codes of Practice.

This process was completed in December 2023 when Ossian Smyth TD, Minister of State with special responsibility for Public Procurement, eGovernment, Communications and the Circular Economy, formally approved the Codes of Practice.

It is important to note that the use of these technologies will be restricted to appropriate authorised personnel and will require ongoing justification for installation and usage. The combination of legislation and guidance will help to ensure that the processing of personal data can be carried out by local authorities, thus providing an important deterrent to those who brazenly flout our litter and waste legislation, while at the same time respecting the privacy rights of our citizens.

Three separate Codes of Practice were approved by Minister Ossian Smyth.

• Code of Practice for the Operation of CCTV for the Purposes of Prevention, Detection and Prosecution of Waste Offences
• An Cód Cleachtais maidir le TCI a Oibriú chun Cionta Dramhaíola a Chosc, a Bhrath agus a Ionchúiseamh
• Code of Practice for the Use of Mobile Recording Devices for the Purposes of Prevention, Detection and Prosecution of Waste Offences
• An Cód Cleachtais maidir le hÚsáid Gléasanna Taifeadta Móibíleacha chun Cionta Dramhaíola a Chosc, a Bhrath agus a Ionchúiseamh
• Code of Practice for the Operation of CCTV for the Purposes of Prevention, Detection and Prosecution of Litter Offences
• An Cód Cleachtais maidir le TCI a Oibriú chun Cionta Bruscair a Chosc, a Bhrath agus a Ionchúiseamh