Call for clampdown on illegal refuse collectors
Kildare Co Council has been requested to put a stop to unauthorised waste collectors from advertising on social media.
Cllr Mark Leigh, said the local authority must take steps to prevent the advertising of waste removal from people operating without a waste collection permit.
In response, the Council said that regrettably, it is a matter of fact that illegal operators are using social media sites as well as other platforms [including newspapers] to advertise unauthorised activity.
A statement issued on behalf of Director of Services, Joe Boland said the single biggest contributor to fly tipping and illegal dumping in this county is unauthorised waste collectors.
The members will be aware that all waste collectors are required to have a current and valid waste collection permit.
"These issues are not unique to Kildare and, indeed, are a major problem nationally.
"In this context, I have been liaising at regional level with our Waste Enforcement Region Lead Authority (Dublin City Council). WERLA has made contact with the main social media providers though with no great success and regrettably, they cannot be
compelled to stop taking these adverts.
"There was, however, agreement forthcoming from one of the platforms - donedeal.ie. Our own legal advice expresses the view that the Council cannot compel advertising platforms to cease publishing ads from unlicensed contractors.
"In this context, it may not necessarily be the advertising that is the offence but rather the actual illegal activity.
"In addition, such social media platforms typically have conditions stating that the advertisers themselves are responsible for
understanding and complying with all applicable laws and regulations.
"Accordingly, these essentially perform the role of ‘hosting’ platforms.
"That said, the Council has no difficulty in notifying advertising platforms of illegal operators, and it will always be open to them to not accept such advertising.
"However, there is no element of compulsion and the Council also needs to be careful in infringing civil rights.
"In addition, the council is more than happy to progress its own social media campaign cautioning members of the public regarding the use of illegal services.
"In particular, such unwitting consumers may well be the subject of prosecutions and/or significant fines. If an individual offers to take away waste cheaply, there is every prospect that this waste will end up being dumped – in the bog, in the field, in the canal or a country lane etc.
"If this happens the waste can then be traced back to an individual or business and a significant fine will ensue as well as the bill for clean-up costs.
"If members of the public are approached by someone offering to take away their waste or if they see advertisements for such services, this should be reported to the Council for follow up action.
"In this context, the Council working with the Gardai in the Athy area took joint action which resulted in the arrest of an individual.
"The council remains in discussion with WERLA with a view to escalating the matter to national level."