1. Ability of Local Authority to satisfy EPA regulations Brian Coffey & Ann Marie Egan EV4002 Case Study

2. Introduction Environmental regulations from the EU deal with the following: Air quality Water quality Noise levels Waste management In Ireland, these regulations are implemented by the Environmental Protection Agency and Local Authorities

3. Monitoring in Ireland 2 Tier System EPA Higher expertise Newer technology Concerned with large scale industry Local Authorities: Lack of expertise Lower grade of equipment Concerned with smaller scale industry

4. Responsibilities of the EPA Integration Pollution Prevention Control(IPPC) licences Waste licences Emissions trading The contained use and deliberate release of Genetically Modified Organisms (GMOs) Monitoring of Local Authorities

5. Environmental Responsibilities of the Local Authority (LA) Air quality monitoring and management Develop and action regional waste management plans. Issue waste permits for small scale waste disposal and recovery facilities e.g. bring banks, compost facilities. Provide drinking water to EU quality standards through public water supplies. Operate waste water treatment facilities. Maintain clean beaches and bathing water. Action against noise / odour/ dust polluters (from non EPA licensed facilities).

6. The Office of Environmental Enforcement (OEE) Special wing of EPA dedicated to the implementation and enforcement of environmental legislation in Ireland. Responsibilities: enforcement of EPA licences issued to waste, industrial & other activities Supervision of the environmental protection activities of local authorities

7. OEE in Supervisory Role The OEE may: request general or case specific information from LAs in relation to their environmental protection functions carry out broader assessments of LA environmental performance, e.g. environmental audits provide advice, recommendations, assistance or support

8. OEE in Supervisory Role (cond) issue a proposed direction to the authority to take specific action within a specified timescale may issue a binding direction to the LA in cases of high or imminent risk of serious pollution or failure of LA to carry out it’s protection functions If a LA fails to comply with a request for information or a direction from the OEE, the authority will be liable to prosecution by the OEE.

9. Implementing EU Directives EU Directives Irish Government Environmental Protection Agency Local Authority

10. Difficulties for Local Authorities Have limited resources to monitor projects as State is reluctant to expand LA budgets EPA direct LA to implement new EU directives LA under pressure to comply with increased number of directives been handed down without increases in resources LA must either scale back existing monitoring programmes or contract out surplus projects which result in higher costs in the long term.

11. Reasons for Non-Compliance Lack of resources can include limited man-power, e.g. air monitoring and limited resources, e.g. waste management. Waste management is a very expensive process and LAs have been used to low waste-associated costs in the past and so there is a reluctance to divert the resources needed towards this sector. LAs have a conflict of interests between: encouraging investment and industry which have the potential to increase pollution and also having to comply with increasingly stringent pollution controls from the EU

12. Possible LA breaches of EPA regulations Failing to ensure that monitoring equipment was operating at all times. Failure to carry out adequate monitoring of ground water and surface water. Failing to put measures in place to prevent further contamination of surface waters once contamination had been identified. Failing to install monitoring equipment resulting in the LA not taking samples as is required by EPA regulations.

13. Possible LA breaches of EPA regulations In the area of waste management: Failure to install adequate gas collection (build up of methane gas) Absence of flaring system leads to higher local methane levels Failure to control landfill odours which impair the local environment Inadequate management of litter and birds on site Inadequate management of leachate from landfill resulting in negative impact on surface and ground water in surrounding area. All of the above have been grounds for prosecution of LAs in the past

14. Consequences of breaching EPA regulations Financial consequences Examples of LAs prosecuted by OEE for breach of regulations: 2005, Offaly CC, fined €2,500 2005, Limerick CC, fined €3,000 2005, Cavan CC, fined €1,900 2005, Monaghan CC, fined €1,600 2004, Dundalk City Co., fined €1,200

15. Consequences of breaching EPA regulations Examples of potential impacts on health: Inferior standard of air quality due to high gas emissions resulting in aggravation of respiratory illnesses Possible health risks from leachates entering private wells from landfill Sanitation problems associated with uncontrolled levels of rodent populations at landfills

16. Overall Consequences Residential communities are exposed to environmental health risks as a consequence of breaches in regulation. Less or incomplete monitoring data results in less accurate scientific pollution models. Financial implications for LAs through fines and clean-up operations. Political implications for LA figures responsible for environmental damage.

17. Suggested Solutions Environmental monitoring workload will increase as number of new directives increase. As a result, central government must allocate more full time positions in this sector. Local Authorities must accept that the area of waste management is under funded, and increased resources are needed here. At present the LAs are unsatisfied with the EPA’s approach when issuing EU directives. Improved communication between both bodies would reduce problems encountered by monitoring personnel when implementing EU directives.

18. Sources of Information www.epa.ie www.epa.ie/officeofEnvironmentEnforce ment www.epa.ie/officeofEnvironmentEnforce ment www.corkcoco.ie Dr. Eddie Barry, Cork County Council Charles R. Shipan, (2003) Independence and the Irish Environmental Protection Agency: a comparative assessment