General Description Of Functions

The following range of environmental protection services are provided by Kilrush Town Council.

• Control of environmental pollution.
• Safety of structures and places.

Control Of Environmental PollutionLitter Control

The Litter Pollution Act 1997, as amended and Litter Pollution Regulations 1997 as amended give local authorities wider powers for the control of litter pollution including: -

• Adoption of a Litter Management Plan which is a reserved function of the Council.
• Issue of notices requiring clean up and taking of measures to prevent a reoccurrence of litter.
• Prosecution of offences.
• Issue of on-the-sport fines of €150.

Kilrush Town Council employs one Litter Warden who carries out many functions under this heading. The Warden covers the town of Kilrush and investigates reports of illegal dumping. The Litter Warden issues on the spot fines for offences detected. The Council will institute legal proceedings in situations that warrant action under the Litter Pollution Act 1997. The Council will also institute legal proceedings for the non-payment of on-the-spot fines.

Noise pollution

Any person may make an application to the District Court under the terms of the Environmental Protection Agency Act 1992 (Noise) Regulations 1994 to seek an Order to deal with the nuisance.

Abandoned vehicles

Complaints about abandoned vehicles are investigated and efforts are made to establish ownership of the vehicle so that the owner can be requested by Clare County Council, as the county waste management authority, to have it removed. Contact is also made with the Garda Station as part of the investigation. Arrangements are made for the removal of abandoned vehicles where necessary.

Waste Management/Water Pollution

Kilrush Town Council is not a waste management authority for the purposes of the Waste Management Act. Environmental pollution issues are handled for the Kilrush urban area by the Environment Department of Clare County Council. Similarly, water and air pollution issues are handled through the Environment Department of Clare County Council.

The principal Acts dealing with water pollution are:

• Local Government (Water Pollution) Act 1977.
• Local Government (Water Pollution) (Amendment) Act 1990.

The object of the 1977 Act is to make effective arrangements for the control of water pollution so that the quality of water resources is maintained to a satisfactory standard. This is to be achieved by:

• The Making of a Water Quality Management Plan.
• Licensing of trade and sewage effluent.
• Prohibition of entry of polluting matter to waters.

The Local Government (Water Pollution) (Amendment) Act 1990 provides for:

• An increase in the level of fines and penalties,
• An amendment to the "good defence" provision in the 1977 Act to put a greater onus on the person charged to prove that he could not reasonably have foreseen that his act or omission would cause pollution of waters,
• Provides for access to the High Court where a serious threat of pollution exists.

Air Pollution

The Air Pollution Act 1987 defines air pollution as "a condition of the atmosphere in which a pollutant is present in such quantity as to be liable to:

• be injurious to public health, or
• have a deleterious effect on flora or fauna or damage property, or
• impair or interfere with amenities or with the environment".

The main provisions of the Act are as follows:

• Requires the occupiers of all premises, except private dwellings, to use the best practicable means to limit and, if possible, to prevent emissions from the premises,
• Gives local authorities power to serve notices requiring the occupier of any premises to take such measures as the Local Authority consider necessary to prevent or limit air pollution,
• Local authorities may take such urgent measures as they consider necessary to prevent or limit air pollution,
• Local authorities or any person may apply to the High Court for an order to prohibit or restrict any emissions.

Casual Trading

Local Authorities have powers to grant Casual Trading Licences subject to certain conditions to manage and regulate a market or fair and to acquire any market right or fair by agreement or compulsorily. It also has powers to make bye-laws relating to casual trading.

Derelict Sites

The Derelict Sites Act 1990 gave the following definition of a derelict site:

Any land which detracts or is likely to detract to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question, because of:

1. The existence on the land in question of structures which are in a ruinous, derelict, or dangerous condition, or
2. The neglected unsightly or objectionable condition of the land or any structures on the land in question, or
3. The presence, deposit, or collection on the land in question of any litter, rubbish, debris or waste, except where the presence, deposit or collection of such litter, rubbish, debris or waste results from the exercise of a right conferred by statute or by common law.

Kilrush Town Council maintains a Derelict Sites Register which is available for inspection at the reception of the Town Council. Before making an entry in the Register, the Council must give notice of its intention to the owner or occupier of the land and must consider any written representations made by the owner or occupier within a specified period. Section 11 of the Act empowers the Council to serve notices on owners or occupiers of land specifying measures to be taken to prevent land from becoming or continuing to be a derelict site. The Council can also acquire by agreement or compulsorily any derelict site in their area. The Act also provides for the payment of a derelict sites levy on urban land.

Safety Of Structures And Places

A dangerous structure means any building, wall, etc. that in the opinion of the Sanitary Authority is likely to be dangerous to any person or property. Under the Sanitary Services Act 1964 the Council may serve a notice requiring the owner of property which in the opinion of the Council is dangerous to make it safe. In cases of emergency the Council may itself make such property safe.

Under Section 70 of the Roads Act 1993 the Council is empowered to deal with dangerous structures on or near public roads. An obligation is placed on landowners to ensure that roadside structures do not present a danger to road users. If a structure is or could become a danger to those using or working on a public road the Council can serve a written notice requiring the removal or modification of the structure or the carrying out of other specified work on it within a specified time, in order to ensure the safety of those using or working on the road. A person on whom a notice has been served may appeal to the District Court against the notice within fourteen days. It s an offence not to comply with the notice. The road authority may carry out the work itself if the notice is not complied with and may recover the costs from the owner/occupier.

Classes Of Records Held

• Technical reports, including plans, costings, tenders.
• Maintenance records,
• Financial records,
• Statistical information.
• Legal records.
• Reports to Council meetings.
• Derelict Sites Register.
• Correspondence with the Department of the Environment, Heritage and Local Government.
• Files in relation to on-the-spot fines.
• Internal reports.
• Miscellaneous Records.
• Applications for casual trading licences.