On the 27 and 28 November 2008 at Ballinasloe District Court, the Environmental Protection Agency took a prosecution against Greenstar Recycling Holdings Limited for offences under Sections 39(1) and 39(9) of the Waste Management Acts 1996 to 2007 for breaches of its Waste Licence (Reg. No. W0178-01).
The EPA took the prosecution in relation to two offences under Sections 39 of the Waste Management Acts 1996 - 2007 for breaches of its Waste Licence Reg. No. W0178-01 at East Galway Residual Landfill (Kilconnell). Greenstar Recycling Holdings Limited was charged with failing to ensure that activities on the site were carried out in a manner such that emissions did not result in significant impairment of or significant interference with the environment beyond the facility boundary and failing to ensure that odours did not give rise to nuisance at the facility or in the immediate area of the facility.
On hearing evidence from EPA Inspectors, local residents and expert witnesses, Judge McGrath adjourned the case for judgement.
On 5 January 2009 Judge McGrath gave her judgement in this case. The Judge found Greenstar Recycling Holdings Limited guilty of both charges and imposed fines of €3,500 and stated that the matter of costs would be dealt with at a later date.
Greenstar Recycling Holdings Limited was granted a Waste Licence for the operation of East Galway Residual Landfill (Kilconnell) on 26 July 2004 (Reg. No. W0178-01).
This prosecution was taken following complaints from local residents and site inspections and odour assessments conducted by the Office of Environmental Enforcement within the period 9 August to 13 November 2007.
The Defendant Company lodged an appeal against the findings of the District Court, which was later withdrawn, and on 7 July 2009 EPA costs of €47,145 were awarded.
