Oxigen Environmental Limited and Cavan County Council Prosecuted on Indictment

On 30 November, at Cavan Circuit Court, the Director of Public Prosecutions prosecuted Oxigen Environmental Limited and Cavan County Council for breaching a condition of a waste licence between 14 February 2007 and 14 February 2009 contrary to section 39 of the Waste Management Act.  The prosecution was based on a file prepared by the Environmental Protection Agency.  Oxigen Environmental Limited and Cavan County Council pleaded guilty to failing to ensure that odours did not give rise to a nuisance at Corranure Landfill, Cootehill Road, Cavan or in the immediate area of the landfill.  There were 30 counts on the Indictment and the Company and the Council pleaded guilty to sample counts. 

On hearing details of the offences Judge John O’Hagan convicted the Company and the Council and imposed fines of €10,000 per week as follows:
• Oxigen Environmental Limited was fined €10,000 per week for the 78 weeks from 1 October 2007 to 14 February 2009 totalling €780,000
• Cavan County Council  was fined €10,000 per week for the 26 weeks from 14 February 2007 to 30 September 2007 totalling €260,000

On the 24 June 2015 the Court of Appeal delivered its judgement on the appeal against sentence and reduced the fines payable by both Cavan County Council and Oxigen Environmental Limited to €50,000 each.

 The Environmental Protection Agency’s costs of €40,000 were also awarded.

 This prosecution was taken on foot of an investigation carried out by EPA inspectors.