*Irving Oil, the Canadian owner and operator of Ireland’s only oil refinery, at Whitegate in Cork Harbour, has avoided conviction in the District Court in relation to an oil spill that occurred in January of last year. The company was prosecuted by the Environmental Protection Agency (EPA) for an alleged breach of license conditions and requirements under the Environmental Protection Agency Act, 1992.
Solicitor Ben Grogan, acting for the EPA, called Joshua Copage – an inspector with the agency – to give evidence. Mr Copage told the court that on January 22nd, 2024, at 5pm, the EPA was notified by Irving Oil that there had been an “uncontrolled release of hydrocarbons” from the Whitegate refinery. He said it was confirmed that the material was gas oil, some of which had leaked into Cork Harbour.
Mr Copage said that the following day he drove from the EPA office at Inniscarra to the refinery and as he was passing through Whitegate village en route he noticed “a strong smell of hydrocarbons.” Mr Copage said that he knew it was a serious issue as the smell was strong despite it being a windy day. He told the court he stopped by the sea wall in the village and observed “a significant amount” of hydrocarbons along the sea wall in the water.
Mr Copage said Irving Oil officials told him that oil was noticed pooling within the refinery site at 9.30am the previous day and a containment procedure was immediately put in place. He told the court the release had been stopped within a couple of hours, at which point a major cleanup operation was launched.
Mr Copage said that due to the complexity of the situation the amount of oil that was released was not ascertained until the following April and was estimated to be 14.2 cubic metres (14,200 litres). The leak had come from a small gauge pipe at the refinery which may have filled with water and been damaged by ice. Mr Copage said the oil leaked into a nearby marshy area and some then further leaked into Cork Harbour itself.
Mr Copage said that a primary concern was that Polycyclic Aromatic Hydrocarbons (PAHs), an “acutely toxic and long lasting” compound that occurs in gas oil, could have caused damage to the aquatic environment in Cork Harbour.
Mr Copage said that Irving Oil mobilised “a small army” of workers and also engaged expert consultants in the cleanup operation, which lasted several weeks. He told the court that of the 14,200 litres of oil that leaked, the “worst-case scenario” for the amount that was not recovered was 1,150 litres, while the “lower end” of the estimated amount was 850 litres.
Mr Copage said that extensive environmental monitoring was put in place following the incident, including surface-water monitoring at 14 locations and air quality monitoring.
Emer O’Callaghan, solicitor for Irving Oil, said 850 litres was about the capacity of an average domestic oil tank. Under cross examination Mr Copage said he got the impression that Iriving Oil reacted to the incident “without delay” and “within hours external specialists were engaged”.
He agreed there were no reports of bird mortality as a result of the incident and ecologists engaged by Iriving Oil and Cork County Council found no adverse effects in the local environment in the following weeks.
Ms O’Callaghan said Irving Oil had no previous convictions and was a significant employer in the local area. She said the company was a responsible operator and had invested more than €100 million in the Whitegate facility. She said costs had been agreed between the parties and she was asking the court to consider applying the Probation Act as her client had no previous convictions.
Judge Colm Roberts ordered Irving Oil to make a €2,500 donation to the RNLI in Ballycotton and adjourned the matter to March 27th for finalisation. He said if the donation was made he would be inclined to give Iriving Oil the benefit of the Probation Act.
*This article was edited on Friday, February 21st, 2025 to clarify the amount of oil involved in the spill.
