The managing director of a company which stores products for use in the food-processing industry told the High Court yesterday he and his co-directors were unaware until told by a Department of Agriculture official that material in their tank farm was specified risk material.
Mr Henry Craig's company, Irish Edible Oils Ltd (IEOL) of Drogheda, Co Louth, claimed in a letter to the Environmental Protection Agency that 5,400 tons of hazardous product were surreptitiously placed in its tanks by the Department of Agriculture and Monery By Products Ltd, of Crossdoney, Co Cavan. The court heard the EPA had advised it did not consider the material as hazardous.
Yesterday was the second day of the hearing of the claim by IEOL for alleged outstanding storage fees against Monery.
The court has heard IEOL stored over 5,000 tons of "green tallow" - the lowest grade - on behalf of the Department of Agriculture and Monery.
IEOL alleges it discovered in February 1999 it was storing green tallow from the renderings of "specified risk material", which was derived from those parts of cattle believed most likely to carry the risk of BSE.
When IEOL decided to increase the fee for storage, Monery said it wished to remove the tallow before the new fees became effective. The dispute led to court proceedings.
The court has heard there appeared to be differing views as to whether the material was hazardous. At European level it was regarded as hazardous but at Department of Agriculture level it was not.
In evidence yesterday, Mr Craig told Ms Justice Carroll that IEOL bought the former Uniliver tank farm at Drogheda port in 1991. It had 24 tanks with a total capacity of 6,000 tons. At that time they refined oils for such companies as Golden Vale and Perry Crisps.
In 1997 they began to store tallow material which they understood was compatible with what went into animal food stuffs.
He met Department representatives in May 1999 and heard the material in the IEOL tanks was specified risk material and "worse than BSE" contaminant.
The company had since brought a claim for damages against the Department and Monery which has yet to be heard.
Mr John Gordon SC, for IEOL, had earlier told the court that, after the High Court directed in July 2001 that the company deliver the tallow to Monery as required, there had been a major industrial dispute at his client's tank farm.
Mr Gordon read a letter from Monery in May last year which claimed IEOL had attempted to frustrate Monery removing its tallow from the tanks.
The hearing continues today.