An ESB subsidiary is facing a joint prosecution from Galway County Council and the Shannon Regional Fisheries Board arising from the Derrybrien landslide almost one year ago in south Co Galway. Gordon Deegan reports.
Along with two other companies involved in the construction of a €60 million wind-farm at Derrybrien, ESBI Engineering Ltd is accused by the council and the fisheries board of causing pollution between October 16th and 31st, 2003, in an upland stream at Derrybrien North and the Owendadullagh river in South Galway.
The two other companies being prosecuted are Gort Windfarms Ltd of Kerry Technology Park, Tralee, and Ascon Ltd of Kill, Co Kildare, and all three are accused of allowing polluting matter, including soil and peat, enter the waters contrary to Section 3 (1) and 3 (2) of the Local Government (Water Pollution) Act, 1977.
The case is expected to be contested, and Judge Joseph Mangan has set aside one week at Gort District Court for the case later this month.
A consultant's report earlier this year concluded that construction work on the wind-farm was the main cause of the landslide, which occurred on October 16th last year.
In the aftermath of the landslide, the Regional Fisheries Board claimed that an estimated 50,000 fish died, including trout, perch, gudgeon, stone loach and brook lamprey, which are a protected species under EU law.
In a statement at the time, the fisheries board said: "The board views this incident as the most serious which has affected the region in recent years and will work with the local authority, State agencies and the local community to ensure that the fish and their environment are restored."
In the landslide, an estimated 450,000 cubic metres of material slid down the mountain near Derrybrien, destroying trees, bursting through a bridge and access road and entering water-courses. The 300-yards-wide landslide stretched for 1½ miles.
Hibernian Wind Power, an ESB subsidiary not named in the pending court action, had been developing the 71-turbine windfarm at a 350-hectare site since July 2003.
Work on construction of the project remains suspended.