To ask the Minister of the Environment what measures are in place to (i) ensure that local councils abide by legal obligations under waste legislation to prevent environmental damage; and (ii) to encourage waste contracts where waste can be traced from source to final destination.

Under the Waste Operational Plan I published in October, the Department is focussing on working in strong partnership with Councils on all waste management issues. In terms of the Council’s legal obligations, it is a requirement of Northern Ireland waste legislation that a waste authorisation must be obtained, from the Northern Ireland Environment Agency (NIEA), to be able to operate a waste facility. Like any other operator, councils have to comply with waste legislation, and with any waste authorisations that they hold.

NIEA inspect all waste management facilities, including Councils, which hold a waste authorisation issued by NIEA. The areas inspected are set out in the conditions of the waste authorisation and agreed working plan for the site. The inspection frequency depends on the type of site, and the potential risks that it poses to the environment and human health.

The majority of planned site inspections are unannounced, however NIEA also carry out pre-announced site audits. NIEA also inspects all waste management facilities in response to complaints received, or as part of wider investigations.

When an operator is in breach of their licence conditions, NIEA will take regulatory and/or enforcement action, in accordance with The NIEA Enforcement and Prosecution Policy. The regulatory and enforcement tools available to NIEA range from warning letters for minor breaches, to harsher penalties for more serious breaches- including corrective notices, suspension or revocation notices, the issue of fixed penalty notices, passing enforcement investigation files to the Public Prosecution Service, and High Court injunctions.

In addition, The Waste and Contaminated Land (Northern Ireland) Order 1997 (the Order) imposes a duty of care on anyone who handles controlled waste, including the transfer of waste only to someone who is authorised to take it.

It is an offence for anyone to fail to comply with the requirements of the duty of care legislation, and the enforcement tools that NIEA may apply are considered in accordance with the NIEA Enforcement and Prosecution Policy and include, for example, issuing warning letters, fixed penalty notices or passing enforcement investigation files to the Public Prosecution Service.

A Joint Working Group between Local and Central Government was established in November 2013 to develop a holistic approach to the control and monitoring of municipal waste including procurement, contract management and Duty of Care.