EPA Prosecutes Waterford City Council

On the 01 June 2006 at Waterford Circuit Court, Waterford City Council pleaded guilty to eight 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.

The 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 and the EPA’s costs of €10,801 were also awarded.

Waterford City Council was granted a waste licence for landfill operations at Kilbarry, Waterford on 19 October 2001. The licence was granted subject to certain conditions amongst which was the requirement that infrastructure for the collection and management of landfill gas was to be the installed of by 19 October 2002. Permanent capping of filled cells was also to be carried out within twelve months of the cells been filled to their required levels.

This prosecution was taken following numerous inspections and audits undertaken by EPA inspectors between February and August 2004. The prosecution was originally taken by the EPA in Waterford District Court on 10 June 2005 but due to the seriousness of the offences was refused jurisdiction and was then referred to the DPP for prosecution on indictment.