The burial of the carcass of a BSE-infected cow near the source of four group-water supply schemes and 15 other wells in Co Galway may result in the Department of Agriculture and Food being prosecuted by the local authority.
The incident came to light when locals discovered the infected animal had been buried in the east Galway area. They dug it up and returned it the owner's farmyard and complained to the local authority.
The cow was examined by vets two months ago and following the established procedure, the animal was slaughtered and the head retained for analysis. The animal tested positive for BSE a fortnight later.
The remainder of the animal was buried in quicklime on an outfarm under Department of Agriculture supervision.
While the head of an animal contains most of the prions, the infectious agent thought to transmit BSE, the rest of the body carries nearly 40 per cent of these agents, and ground water supplies could be contaminated.
Local authority sources said the burial had taken place in an area which was the source of four group-water supply schemes and 15 other wells which serviced local families.
As a result of the incident Galway County Council is to seek assurances that no BSE-infected animals will be buried in the county, where more than half the population depend on groundwater supplies. A prosecution under Section 32 of the Waste Management Act is also being considered.
The case is expected to spark off a reaction in other parts of the State, where 551 animals which have died from BSE since 1989 have been buried. More than 600 other animals suspected of having the disease have also been buried on farmland throughout the State.
In contrast to the Irish policy of supervised burial of infected carcasses, the policy in the UK is to incinerate such remains.
The case has been taken up by a Western Health Board committee which examines diseases that can be passed across species barriers and to humans from animals. It is understood it will this week seek changes in the regulations which allow the Department of Agriculture to issue a burial licence for BSE-suspect carcasses or any other animal without reference to the local authority.
The committee, made up of healthcare, veterinary and environmental experts, is expected to call on the Government to implement the advice of the CJD National Advisory Committee that burials of BSE-infected cattle cease on public health grounds.
The Department of Agriculture and Food confirmed at the weekend that its officials would be meeting the management of Galway County Council tomorrow.
The Department of Agriculture and Food does not have to notify a local authority about a case of BSE but if more than two animals die on a farm of any disease, the local authority must be informed before a burial certificate can be issued.