District Council pollution control powers for waste disposal

District Councils have various pollution control powers including those relating to waste disposal, nuisance, noise and air quality. Under the Pollution Control and Local Government (NI) Order 1978 it is an offence to dispose of controlled waste without a licence. Councils can vary a condition or revoke a licence and under Article 11 of the 1978 Order may require an occupier to remove waste deposited in breach of a condition. Powers available under section 110 of the Public Health (Ireland) Act 1878 enable Councils to issue an abatement notice where material deposited gives rise to a statutory nuisance within the meaning of section 107 of the Act. In preparing conditions attaching to a licence District Councils may have regard to best practice advice contained in the relevant Waste Management Papers series originally prepared by DOE (England & Wales) and published by HMSO. As indicated above, the powers relating to waste licensing will transfer to EHS in 2003.