Two Local Authorities prosecuted on indictment

Date released: Jun 01 2006

Today at Waterford Circuit Court, Waterford City Council pleaded guilty to 8 offences under Sections 39(1) and 39(9) of the Waste Management Acts 1996-2003 for breaches of its Waste Licence (Reg. No. 18-1) for Kilbarry Landfill, Waterford City. On the same day and at the same court, Waterford County Council pleaded guilty to two offences under Sections 39(1) and 39(9) of the Waste Management Acts 1996-2003 for breaches of its Waste Licence (Reg. No. 75-1) for Tramore Landfill, Tramore Co. Waterford.

These prosecutions were taken following numerous inspections and audits undertaken by inspectors from the Office of Environmental Enforcement within the Environmental Protection Agency (EPA) between February - August 2004 and December 2003 - July 2004 respectively. Both prosecutions were originally taken by the EPA in Waterford District Court on 10 June 2005 but due to the seriousness of the offences were subsequently referred to the DPP for prosecution on indictment.

Waterford City Council prosecution: Kilbarry Landfill

Waterford City Council admitted breaching conditions of its waste licence by failing to put in place the infrastructure necessary for the collection and management of landfill gas. The Council also admitted to breaching conditions in relation to leachate management, surface water run-off, and capping at its landfill facility at Kilbarry, within the timeframe specified in the licence. The absence of this infrastructure increases the potential for pollution to atmosphere, surface and groundwater.

On hearing details of the offences, Judge O’Shea imposed fines totalling €6,000 in relation to 3 charges and took the other 5 charges into consideration. EPA costs were awarded.

Waterford City Council was granted a waste licence for landfill operations at Kilbarry, Waterford on 19 October 2001 by the Environmental Protection Agency. The licence was granted subject to certain conditions amongst which was the requirement to install, by October 2002, infrastructure for the collection and management of landfill gas. In addition, the conditions of the licence required the permanent capping of filled cells.

Waterford County Council prosecution: Tramore Landfill

Waterford County Council admitted breaching conditions of its waste licence by failing to put in place the infrastructure necessary for the collection and management of landfill gas and failing to install a final cap across filled cells at its landfill facility at Tramore within the timeframe specified in the licence. The absence of this infrastructure increases the potential for pollution to atmosphere, surface and groundwater.

On hearing details of the offences, Judge O’Shea imposed fines totalling €4,000 and the EPA costs were also awarded.

Waterford County Council was granted a waste licence on 25 September 2001 for the continued operation of an existing landfill and civic waste facility at Tramore Landfill, Tramore, Co. Waterford. The licence was granted subject to certain conditions amongst which was the requirement to install, by September 2002, infrastructure for the collection and management of landfill gas. In addition, the conditions of the licence required permanent capping of filled cells.