Wicklow County Council has taken High Court proceedings because it believes there is "a real risk" of environmental pollution occurring due to the nature of materials being disposed of on lands at Castleruddery, Donard.
The court permitted the council yesterday to serve notice on Stephenson Sand and Gravel Ltd and Mr John Thomas Stephenson and Ms Ann Stephenson, with addresses at Castleruddery, of its intention to seek an order next Monday to prevent the company from importing or disposing of waste on its lands.
Mr Damien Keaney, for the council, said the reliefs being sought should not interfere with the lawful extraction of sand and the quarrying business at the premises.
In an affidavit, Ms Sonia Dean, executive engineer with the council, said it became aware in 2001 that significant amounts of material, consisting mainly of soil, were being disposed of on the lands without authorisation via either a waste licence from the Environmental Protection Agency or waste permit from the council.
In October 2001, the council began an investigation programme regarding the lands. Samples were taken and laboratory tests revealed a significant degree of contamination of the lands.
In April 2002, the council invited the respondents to attend its offices to assist in ascertaining details about the unauthorised disposal of materials on the lands. The respondents declined to co-operate with the council.
Ms Dean said the council conducted a detailed investigation of the lands between last September and November. As a result, an estimated 180,000 tonnes of material consisting of fill material and domestic and commercial waste was found on the lands, and such material might be the subject of further court proceedings.
Since then, regular monitoring and ground-water sampling had been carried out. A recent inspection of the lands by the EPA had revealed that dumping had resumed and raised the possibility that some soil disposed of on the lands was contaminated.
Ms Dean said her inspection confirmed that unauthorised dumping had taken place on the lands recently. She was not in a position to confirm if soil contamination had occurred because of weathering.
Ms Dean said her inspection revealed that a quantity of topsoil mixed with waste had been imported on to the lands in the recent past.
Construction and demolition- type waste was mixed in with the imported topsoil, including roof tiles and pieces of pipes and blocks. She observed a stream of what appeared to be leachate coming from the mounds of imported soil.