Judge Refuses Jurisdiction in EPA Court Case

Date released: Mar 10 2005

At Shannon District Court today, (held in Ennis, Co Clare) Judge Mangan refused jurisdiction on proceedings brought by the Environmental Protection Agency (EPA) against Schwarz Pharma Limited, Shannon Free Zone, Shannon, Co. Clare.  The alleged charges related to breaches of conditions of the Integrated Pollution Control (IPC) Licence granted to the company by the EPA and specifically to offences under Sections 8, 13(5), and 84 of the Environmental Protection Agency Acts, 1992 and 2003.

These charges involved alleged unauthorised solvent emissions in breach of the permitted limits set out in the IPC licence. There was also alleged failure to notify the EPA of significant air emissions and to providing the EPA with false and misleading information.

In addition there were a number of alleged charges relating to poor site management practices including failing to bund tank and drum storage areas and failing to have adequate documented instructions for the operation of the Waste Water Treatment Pant. 

On hearing details of the offences, Judge Mangan outlined to the court that, based on the seriousness of the charges presented by the EPA, he was refusing jurisdiction.  Judge Mangan adjourned the matter for two months to allow a file to be prepared for the Director of Public Prosecutions.

Schwarz Pharma Limited is involved in the manufacture of a wide range of fine chemicals for pharmaceutical use.  The company was granted an IPC licence on 26th April 1996 (Reg. No. 20) for the manufacture of pharmaceutical products and their intermediates.