Pollution

Air quality

Air quality is important for our health and wellbeing. Maintaining good air quality can help to reduce the risk of stroke, heart disease, lung cancer, and chronic and acute respiratory diseases including asthma.

Your local authority is responsible for monitoring, reporting, and improving air quality in their area under the Air Pollution Act 1987.

This includes:

• Monitoring emissions and air quality
• Dealing with complaints about air pollution
• Issuing air emission licenses for industrial plants that release emissions into the atmosphere
• Enforcing air emissions regulations to ensure that industrial plants are complying with the rules
• Declaring special control areas to prevent or limit air pollution
• Enforcing the ban on certain fuels such as the sale, marketing, distribution and burning of smoky coal in special control areas
• Organising, conducting, and supporting research into air pollution
• Running educational programmes on air pollution

Enforcing air pollution regulations

Local authorities are responsible for enforcing the Air Pollution Act 1987, which means they can prosecute anyone who has broken the rules set out in the Act. This can result in a fine or imprisonment. 

Companies are required to limit or prevent pollution from their premises. If they are found to be breaking the rules, the local authority can serve a notice on the company, outlining the steps they must take to prevent air pollution, and a timeframe for the company to address the issue. If this is ignored, the local authority can take the company to the High Court. If there is a serious risk to public health or the environment, the High Court can issue an injunction, which would allow the local authority to address the issue.

Issuing air emissions licences

Industrial plants that generate emissions as part of their industrial processes may require an air emissions licence from the local authority. As part of this process, the plant will need to outline where the emissions take place and place a notice in the local newspaper to inform residents. Data on air pollution held by local authorities is available to the public.

Water quality 

Ireland’s waterways are home to rich ecosystems, with insects, wildlife, plants, trees, and fish all relying on, and contributing to, the biodiversity of our waterways. Your local authority is responsible for water pollution control in your area, which means protecting rivers, streams, ponds, groundwater, estuarine, tidal, and bathing waters from pollution. 

Water pollution can be caused by chemicals, debris, litter, sewage, or pesticides. Protecting waterways from pollution not only protects the biodiversity of the area and preserves the environment, but it also helps to prevent bathing and drinking water from becoming contaminated.

Local authorities monitor the quality of water in bathing areas. A national bathing water website www.beaches.ie shares the latest information on more than 200 bathing waters sampled during the bathing season.

Prosecution for water pollution

Under the Local Government (Water Pollution) Acts, 1977 and 1990, local authorities are responsible for monitoring, managing, and protecting the water quality in their area. This includes:

• Monitoring and reporting on surface water, ground water, and bathing water quality
• Cleaning waterways in public spaces of rubbish and debris
• Investigating and responding to water pollution incidents
• Issuing Discharge Licences 
• Maintaining good water quality and preventing pollution

Anyone who allows waterways to become polluted is committing an offence under the Local Government (Water Pollution) Acts, 1977 and 1990, and they can be prosecuted by the local authority. 

If the local authority becomes aware of pollution in their waterways, they can serve a Section 12 notice to the polluter, outlining the steps that must be taken to address the pollution. A person who does not comply with the Section 12 notice is guilty of an offence and can be prosecuted by the local authority.

Complaints about water pollution

If you would like to report a water pollution incident or make a complaint about water pollution, you can contact the water services or environment department of your local authority and they will investigate your complaint. 

Discharge licenses

If your business involves discharge of effluent (liquid waste or sewage) into surface waters, groundwater, or sewage, you must apply for a discharge licence. This is required under Section 4 and Section 16 of the Local Government (Water Pollution) Acts, 1977 and 1990.

Discharge licence to surface water or groundwater (Section 4)

You can apply for a licence for effluent discharge to surface water (including surface water sewer) or groundwater through the local authority. Discharging to these waters without a licence is considered an offence, and there can be penalties for doing so. 

Discharge licence to sewer (Section 16)

Licence applications for effluent discharge to sewers are made to Uisce Éireann. This is for discharge to foul/combined sewer. Discharge licences to surface water sewer can be made to the local authority. There are also charges to discharge to the sewer network. Discharging to the sewer without a licence is considered an offence, and there can be penalties for doing so. Learn more on the Uisce Éireann website.

Noise pollution

Noise pollution can have a real impact on people’s sense of wellbeing, ability to sleep or concentrate, and on wildlife and pets. When noise reaches a level or duration or is repeated so often that it is disruptive and annoying, it is considered a nuisance. Noise pollution can eventually lead to impairment or damage to health and wellbeing if it’s not addressed.

Sources of noise pollution can include:

• Transport (including cars, busses, trains, ships, and airplanes)
• Construction and industrial sites
• Businesses including restaurants, pubs, and nightclubs
• Social and leisure events like music and fireworks
• Appliances and ventilation systems

Local authorities develop noise action plans as required by the EU Environmental Noise Directive (transposed into Irish law as S.I. No. 549/2018 and S.I. No. 663/2021). Noise action plans aim to protect local communities from excessive outdoor noise created by human activity, such as transport noise.

Local authorities have powers under the Environmental Agency Act 1992 to control and limit noise from any premises, processes, or work, and to complain to the District Court about noise nuisance. 

Local authorities can also take noise into account when considering planning applications, both during the build stage and the continued use of the premises.

Noise pollution complaints

Local authorities will have a noise complaints policy published on their website outlining the types of noise complaints they do and do not deal with. It should also outline how to make a noise complaint.

If you wish to make a complaint about noise, you can contact the local authority provided it is included in the list of complaints they deal with. Under the Environmental Protection Agency Act 1992, local authorities can address noise pollution from commercial premises, processes or works. The dog warden can respond to complaints about noise from barking dogs. 

If the type of noise complaint is not dealt with by the local authority, they can direct you to the right agency to deal with the issue. This may be the Environmental Protection Agency (EPA) or An Garda Síochána.