EPA Prosecutes a Waste Contractor

The EPA took a prosecution against a Waste Contractor at Gorey District Court on 27th May 2005, under Sections 39(1) & 39(9) of the Waste Management Act, 1996.

The Waste Contractor was accused in the summons of six charges of carrying on unauthorised waste activities at a waste transfer station and recycling facility at Gorey, Co Wexford.

Under the Waste Management Acts 1996 - 2003, where a facility is accepting greater than 5,000 tonnes of waste per annum, a waste licence is required. Based on information obtained during investigations, the Office of Environmental Enforcement (OEE) alleged that the Waste Contractor's facility exceeded this threshold and thereby required a waste licence.

However, due to a technical error regarding the date of application to the District Court as stated on the summons, Judge O’Buachalla dismissed the case on hearing oral argument from solicitors for the Waste Contractor and the EPA. The court made no finding on the facts of the case.