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Local authorities must ensure new solid fuel regulations are rigorously enforced – O’Dowd

27th December 2021 - Fergus O'Dowd TD

Local authorities must ensure new solid fuel regulations are rigorously enforced when they come into effect across the country in 2022, a Fine Gael TD has said.

Louth TD Deputy Fergus O’Dowd said the Department of Environment must ensure local authorities have the resources required to enforce the new enhanced solid fuel regulations in order to protect public health in our communities.

Deputy O’Dowd said, “The Government has committed to a nationwide ban on smoky coal by the end of its term and announced earlier this year that new standards for all domestic solid fuels will be introduced across the State in 2022.

“The smoky coal ban which was first introduced in Dublin in 1990 has been gradually extended to cover a total of 41 urban areas nationwide, with these areas comprising major cities and towns.

“Our already strict sulphur and smoke standards are set to become even more stringent with new emission standards, and the drafting of these regulations is due to be finalised in the coming months and will be in place for the 2022 heating season.

“Local authorities will be responsible for enforcing the provisions of the new solid fuel regulations within their functional areas.

“They currently have enforcement powers under the existing smoky coal ban which involves undertaking inspections of premises and vehicles, bringing prosecutions under the Air Pollution Act, and issuing fines for alleged offences relating to the marketing, sale and distribution of prohibited fuels in Low Smoke Zones, with a penalty range of €250 to €1,000.

“However, figures provided to me show that only six prosecutions were initiated under the Solid Fuel Regulations between 2015 and 2019 for breaches of the smoky coal ban.

“Given the low number of prosecutions, I think it is incumbent on local authorities to step up this enforcement and ensure that widespread inspections are taking place. Local authorities must also report their environmental breaches and enforcement activities to the Environmental Protection Agency.

“I previously highlighted the need for a major clampdown on the cross-border sale of solid fuels on online platforms, with suppliers advertising solid fuels that may not comply with the new regulations.

“Minister Ryan recently confirmed to me that discussions with the local authority sector have begun with the intention of establishing dedicated resources within regional lead authorities to provide co-ordination, expertise and advice to support consistent enforcement of the new regulations across the country.

“There is also a commitment to support local authorities, including through the provision of additional supports for the most effective model of enforcement.

“This is something I welcome as a strong multi-agency response is needed ahead of next winter in order to ensure compliance and ultimately protect public health,” concluded Deputy O’Dowd.

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