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Annual Report of the Ombudsman 2008 (text version)

5.2.4 Selected Cases - Policy change on access to recycling facilities for landlord of rented properties

Dún Laoghaire-Rathdown County Council refused to allow a man access to a recycling facility on the grounds that the waste was 'commercial waste'.  The man was taking bulky domestic waste items to a recycling facility in his private car and trailer, to facilitate tenants of his rented properties.  The council directed him to another facility, some distance away, where the minimum charge was five times that of the one he was denied access to and where, he claimed, the standard of separation was less environmentally friendly.

The reason given by the council for refusing him entry was that the licence granted for the recycling centre was for the use of residential customers only.  It classed the flats as a commercial business and regarded the waste from them as 'commercial waste' rather than 'domestic waste'.   However, the council told him that the tenants could use the facility themselves, if they wished.

Commercial waste is defined in Section 5 of the Waste Management Act 1996, as "waste from premises used wholly or mainly for the purpose of a trade or business or for the purposes of sport, recreation, education or entertainment but does not include household, agricultural or industrial waste".

The council accepted that it was in contravention of Section 5(1) of the Waste Management Act, 1996, in not accepting waste which had been created from a domestic source and stated that this policy had been adopted because of resource limitations.

When my Office put it to the council it accepted that it had not properly informed the public about its policy - it intended to formulate a policy document to address the deficiencies highlighted by this complaint.

Pending the implementation of this policy, it stated that it was prepared to allow the complainant the use of the facility for the purpose of disposing of household waste arising from his rental properties, subject to the payment of the appropriate gate fees applicable at the time of his visit(s).

My Office considered this was a favourable outcome to the complaint and it also brought about a change of policy by the council, as a result of deficiencies highlighted by this case.

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