THE HIGH Court has granted a series of orders to the Environmental Protection Agency against the operators of a controversial landfill site near Naas, Co Kildare. The case is the first where the EPA moved to close any of the 249 licensed landfill sites in the Republic.
Counsel for the EPA said yesterday it could cost between €30 million and €110 million to remove all waste dumped at the site before the first licence for the landfill was granted in 2003.
The court was informed 1.1 million cubic metres of waste had also been illegally dumped there since 2003, resulting in piles of rubbish up to 110 metres in height.
Nuala Butler SC, for the EPA, said there was a lengthy history of non-compliance by Neiphin Trading, the operator of the landfill site at Kerdiffstown, between Naas and Sallins.
She said the facility had manifestly been operating in breach of the terms of its licence, particularly in relation to the unlawful depositing of waste in the northwest corner of the site.
The operators had also failed to excavate waste dumped in the location before the licence was granted or to comply with a requirement to install gas monitoring equipment.
Ms Butler said the EPA had exhausted all non-legal steps to get the landfill operators to comply with the terms of the licence.
The High Court heard there were concerns about the risk to ground water as well as the danger of landfill gas and there had been numerous complaints from local residents about significant odours from the site.
Mr Justice John Hedigan remarked that there was a complicated corporate structure regarding the site as Neiphin operated the landfill, while Dean Waste Company Ltd provided the waste and the site was owned by Jenzsoph Ltd.
The court was told Neiphin is in liquidation, Dean Waste is in receivership and Jenzsoph is insolvent but in a “limbo” situation. The predominant shareholder in all three companies is Anthony Dean of Broomhill Business Complex, Broomhill Road, Tallaght, Dublin.
Mr Justice Hedigan yesterday issued orders against the three companies to cease holding, disposing and recovering waste in the northwest section of the site.
They were also ordered to install gas monitoring equipment and to excavate and remove any contaminated soil from the area. Costs were also awarded to the EPA.
“It is a sorry tale of a site that has not been properly managed,” the judge said. It was of “grave seriousness” there had been no compliance with the requirement to install gas monitoring equipment, he added.
The case was adjourned for two weeks when the EPA will present the High Court with a schedule of works to be carried out by the landfill operators.