Clare County Council prosecuted on indictment

On 24 September 2013, at Ennis Circuit Court, the Director of Public Prosecutions prosecuted Clare County Council for breaching a condition of a waste licence at the Central Waste Management Facility, Ballyduff Beg, Inagh, Co. Clare on 22 August 2007 contrary to Section 39 of the Waste Management Act 1996 (as amended).

This prosecution was initiated as a summary prosecution by the Environmental Protection Agency in the District Court where the Judge refused jurisdiction.  The prosecution was based on a file that was prepared by the Environmental Protection Agency.

The Council pleaded guilty to failing to ensure that odours did not give rise to nuisance at the facility or in the immediate area of the facility.

On hearing details of the offence Judge Keys imposed a fine of €5,000.  The Council agreed to make an ex gratia payment of €3,700 to the Agency for costs.