Dumping on land - landowner liable apparently

Muckit

I was shocked to read in the Irish Independent of a farmer that's been sued by his county council for the illegal dumping that has taken place on his land. The dumping was not done by him, but by trepassers, altough he as land owner appears to be liable.

It's a terrible state of affairs IMO and totally wrong.

rliston

Farmers face hefty fines over dumping

By Paul Melia
Tuesday April 19 2011

FARMERS have been threatened with prosecution and fines of up to €130,000 if they fail to remove illegally-dumped rubbish from their lands.

Kilkenny County Council has issued warning letters telling them to remove the rubbish within 21 days or face the prospect of a day in court.

The letters -- issued because of an increase in illegal dumping -- were criticised by the Irish Farmers' Association (IFA), which said that the council was scapegoating farmers.

Under the Litter Pollution Acts, landowners are responsible for any waste dumped on their property "no matter how the waste arises". But if the rubbish is dumped on the public road, the council is responsible for cleaning it up.

"It's (illegal dumping) escalating and every local authority has the same problem," a spokesman for Kilkenny County Council said.

"The context in which we would issue the notices is where there would be illegal dumping of material on land owned by third parties. There have been cases where a full load (of waste) has been tipped, but there has been full compliance from the landowners."

The letters warn landowners that failure to clear away rubbish could lead to a fine of up to €130,000 upon conviction.

It continues: "Additional fines for non-compliance on a daily basis may be levied as well as formal prosecution proceedings."

But one farmer, Percy Drea from Castlewarren, said last night he had told the council about illegal dumping on his land for the past three years. He had given the local authority copies of utility bills found in the rubbish, which identified the owners.

"I have about 70 acres, and nearly half a mile is bordered by road," Mr Drea said. "I knew there was rubbish on the land and had spent three days trying to get it off. It's coming in for the last three years and there was a big increase last winter.

"I told the council about it a couple of years ago. It's mostly nappies and dirt and household stuff like food and bottles. There's four or five names in it and I gave the names to the council. I found a bumper from a car with a registration plate.

Scapegoats

"I'd be cleaning every week or fortnight, otherwise the cattle would get injured on it. I have to pay to get rid of the stuff. They (the council) have done nothing about it up to now. I'm hoping they do something now. They don't seem to have done much with the names. I've loads to do and this is a torment."

The council said it investigated Mr Drea's complaint but the evidence found was "not sufficient" to go to court.

IFA deputy president Eddie Downey accused the council of adopting a heavy-handed approach. "Farmers are very annoyed that they are being scapegoated," he said. "The IFA has run a number of campaigns highlighting the problems of litter in the countryside. While we will continue to play our part, farmers cannot be held liable and it is the responsibility of local authorities to keep the countryside free of litter."

- Paul Melia

Source

ravima

Whatever about Kilkenny, I cant praise Waterford Co Co highly enough. I reported illegal dumping on Tuesday and by Friday they had removed the remains of the litter.

Fair play to them in the environmental dept and the litter warden.

I'd suggest that if anyone is reporting, they do so in writing and send copy of the letter to IFA, who are monitoring the situation.

blue5000

Unfortunatley if they throw the rubbish in over the gate/wall/hedge it is the farmer's responsibility. If they dump it outside the boundary it is the council's responsibility.

There is a hell of a lot more illegal dumping around here since the council started charging 5euro a bag at the landfill.

Tora Bora

There is an awful lot of ragwort on farmers lands, because the councils neglect the road margins. Why are there no prosecutions of the councils, for this.
And its going to get worse with their lack of money.

johngalway

Must. Be. Joking.

I'd have my day in court rather than dispose of some scumbags crap.

what happen

johngalway wrote: »

Must. Be. Joking.

I'd have my day in court rather than dispose of some scumbags crap.

i have land that beside the road and people dump rubbish and i have to clean it up and if i didnt they would think i didnt care and dump more.i didnt have any rubbish dumped in a few years.

Dusty87

johngalway wrote: »

Must. Be. Joking.

I'd have my day in court rather than dispose of some scumbags crap.

+1.
Can road users sue the coco for rubbish at the edge of the road!! Load of bollix imo, another stupid money racket.

johngalway

what happen wrote: »

i have land that beside the road and people dump rubbish and i have to clean it up and if i didnt they would think i didnt care and dump more.i didnt have any rubbish dumped in a few years.

I understand, and so have I, including commonage with a very quiet road running right through it. I'd still prefer to be damned than to pay for the privileged of cleaning up other peoples waste. No way, sorry your honour send me down but I would not pay.

Littering/fly tipping is an offense, it's the duty of the Gardai and the CoCo to, pardon the pun, clean that up.

Bizzum

what happen wrote: »

i have land that beside the road and people dump rubbish and i have to clean it up and if i didnt they would think i didnt care and dump more.i didnt have any rubbish dumped in a few years.

I think this hits the nail on the head.
As much as it galls me to clean up after some one else.
We found the litter warden helpful, and I suppose if it does end up in court it would add to your case to have had reported it to the authorities.
There are few winners in court though, except the legal system! It can be a costly way of making a point.

Cat Melodeon

We've had dumping on our land various times over the last few years. Most of it was roadside, but even when it was on our land proper, the council came and took it away. The only times we had problems with it was when the co.co. litter warden himself was away on holidays or sick leave - there was no one else who would even take the call. It's hard to leave it, it does attract others, but we simply can't afford to take care of other people's rubbish. When it happens, I take photos of it and go through it as best I can and send the details with a letter to the council if I can't get through. Hit the jackpot one year shortly after Christmas - boxes with new mobile phone details and a bank statement led to me ringing and asking the owners to come and remove their crap - when they didn't, I told them I was informing the guards. It was cleaned up shortly after, by whom I don't know, but funnily enough, we haven't had any domestic waste dumped since then, just building rubble and the occasional car which the council removes.

what happen

Cat Melodeon wrote: »

We've had dumping on our land various times over the last few years. Most of it was roadside, but even when it was on our land proper, the council came and took it away. The only times we had problems with it was when the co.co. litter warden himself was away on holidays or sick leave - there was no one else who would even take the call. It's hard to leave it, it does attract others, but we simply can't afford to take care of other people's rubbish. When it happens, I take photos of it and go through it as best I can and send the details with a letter to the council if I can't get through. Hit the jackpot one year shortly after Christmas - boxes with new mobile phone details and a bank statement led to me ringing and asking the owners to come and remove their crap - when they didn't, I told them I was informing the guards. It was cleaned up shortly after, by whom I don't know, but funnily enough, we haven't had any domestic waste dumped since then, just building rubble and the occasional car which the council removes.

thats great you got them i would have told the council and let them get a big fine and hit them were it hurts the pocket.

Cat Melodeon

what happen wrote: »

thats great you got them i would have told the council and let them get a big fine and hit them were it hurts the pocket.

I did pass the details on with photos of the rubbish, as I always do, but I don't think they did anything about it. I hope the dumpers haven't simply moved on to someone else's land, but at least they haven't come back to me

lanod2407

When I started building my house on the farm a smart-ass decided to drive in and dump rubbish in the middle of the front field on the way up to the house - white goods and household rubbish.
I called the council and they said it's my problem. Said I'd place it outside the gate for collection - "we'll prosecute you" came the friendly helpful reply. So I had to remove it myself - went through the lot and not a scrap of evidence of the owner - no letters, bills, names, etc. Get this - even the serial numbers had been removed from the applicance!!!

Gob-****es the lot of them - both the dumpers and the council!