EPA Prosecutes a Pig Farmer

 On the 21 October 2004 at Ballyconnell District Court, a Pig Farmer (Licensee) pleaded guilty to a charge under Sections 8 and 84(2) of the Environmental Protection Agency Act, 1992, after he breached a condition of his Integrated Pollution Control (IPC) Licence.

The charge related to landspreading that was not in accordance with his Nutrient Management Plan (NMP). Failure to have on-site controls such as an adequate NMP indicates that slurry is being disposed of in an uncontrolled manner likely to cause significant environmental pollution.

An NMP identifies the amount of fertiliser (pig slurry in this case), which is needed on particular fields to give the optimum crop growth without causing pollution. The amount of fertiliser to be applied is based on Department of Agriculture or Teagasc recommendations, which vary according to the amount of nutrients (chiefly phosphorus) currently in the soil of the particular field.

When pig slurry or any other fertiliser is applied to land for which there is no NMP, there may be no information on the levels of nutrients in the soil of these fields. This can lead to overapplication of fertiliser, and subsequent water pollution if the excess phosphorus or nitrogen is washed to surface water or groundwater.

Solicitors for the Licensee stated that he had been let down by his previous consultants and that as a satisfactory NMP had now been submitted to the Agency, they requested that the court record no conviction against the Licensee.

The EPA pointed out that it had taken over 18 months to submit an adequate plan since the the plan for 2003 only had an area approved by the Agency for spreading of 40% of approximately 30,906m³ slurry produced at this pig unit annually, resulting in the remaining 60% being spread on lands whose fertiliser requirements were not known, some of which may not have required any additional fertiliser and also in excess of the fertiliser requirements on the approved lands, with a risk of pollution if the excess nutrients were washed to water.

The court acceded to the Licensee's request and dismissed the summons, on the provision that he undertake to pay the Agency’s costs of €3,787 and make a donation of €700 to St Vincent de Paul.

The Licensee was issued with the IPC licence on 13 September 2002 (Reg. No. 600) for the pig-rearing activities at his 1,950 integrated sow unit at  Ballyconnell, Co Cavan, which fall under the scope of Class 6.2 of the First Schedule to the EPA Act 1992.

The OEE took the prosecution following its assessment of the NMP submitted and having carried out a site inspection at the facility.