Judge Refuses Jurisdiction in Cases against Waterford County and City Councils

Date released: Jun 10 2005

At Waterford District Court today, Judge William Hartnett refused jurisdiction on proceedings brought by the Environmental Protection Agency (EPA) against Waterford County Council and Waterford City Council in relation to the Tramore and Kilbarry landfills.  The alleged charges related to breaches of conditions of the Waste Management Licences granted to the local authorities by the EPA and specifically to offences under Section 39 of the Waste Management Act 1996 – 2003.

Waterford County Council – Tramore Landfill:

These charges involved alleged failure to install infrastructure for the active collection and flaring of landfill gas and the alleged failure to cap cells to specification required by the licence. 

Waterford City Council – Kilbarry Landfill:

These charges involved alleged offences in relation to leachate management, surface water run-off, groundwater management, capping of cells, monitoring infrastructure and landfill gas.

On hearing details of the offences, Judge Hartnett outlined to the court that, based on the seriousness of the charges presented by the EPA, he was refusing jurisdiction.  Judge Hartnett adjourned the matter until 2nd September 2005 to allow a file to be prepared for the Director of Public Prosecutions.

The Tramore landfill facility was granted a waste licence on 25th September 2001.  The Kilbarry landfill facility was granted a waste licence on 19th October 2001.