To ask the Minister of Agriculture, Environment and Rural Affairs to outline the responsibilities and enforcement powers of (i) his Department; and (ii) local councils in relation to the dumping of tyres without a waste management licence.

Within the waste management legislation under which my Department operates, waste tyres are classified as controlled waste. Like any other type of controlled waste, waste tyres must be transported, stored, treated or disposed of in compliance with such legislation and it is an offence to dispose of controlled waste without or in accordance with a waste management permit.

Where such offences occur and the offender is identified, my Department will pursue enforcement under Article 4 and Article 5 of the Waste and Contaminated Land (NI) Order 1997 (the 1997 Order) . Any enforcement will be consistent with the NIEA Enforcement Policy, which can include the issue of fixed penalty fines to a maximum of £400 per offence or, depending of the severity of the offending, criminal prosecution through the courts.

On summary conviction, the offender is liable to a fine of up to £50,000, and on conviction on indictment, liable to an unlimited fine and six months imprisonment.

All waste facilities accepting waste tyres, including for their reuse or recycling, must hold a relevant waste authorisation. My Department carries out regular monitoring inspections of those authorised sites and provides awareness and educational advice to assist those retailers with compliance to relevant Duty of Care legislation and codes of practice regarding waste management.

The Clean Neighbourhoods & Environment Act (NI) 2011 enables District Councils (DCs) to issue ‘on the spot’ fixed penalty notices of up to £80 or court fines of up to £2,500 for littering. DAERA is currently reviewing the fixed penalty notices available to Councils to penalise offenders.

Under Article 28 of the 1997 Order, DCs can require those responsible for illegal disposal of waste in contraction of Article 4 to remove the waste. In the event of their failure to do so, or if the offender cannot be identified, DCs themselves may take remedial action, and where possible seek cost recovery through the courts. Article 28 does not currently extend to the Department.

My Department and DCs work collaboratively in dealing with illegal waste disposal, including the disposal of waste tyres, through the Flytipping Protocol in appropriate circumstances. Under the Protocol, NIEA is responsible for the investigation of large-scale waste criminality and the removal of hazardous wastes (e.g. asbestos) and other fly-tipped waste over 20m³ in volume; DCs take responsibility for other deposits under 20m3. To date 7 of the 11 DC’s have committed to the Fly tipping Protocol