The Environmental Protection Agency (EPA) has decided to refuse a licence to Waterford County Council for the development of a major new landfill site because of fears that it would threaten the habitat of freshwater pearl mussels.
This leaves the council in a quandary. The agency's move supercedes an earlier decision by An Bord Pleanála to grant planning permission for the proposed landfill, as it cannot be developed without a waste management licence from the EPA.
For the past five years, the council has been planning to establish the landfill at Garrynagree, 10km west of Dungarvan. Local residents and environmentalists objected because the site adjoins the river Lickey, a candidate Special Area of Conservation (SAC).
The EPA said the construction and operation of a landfill at this location would be "inappropriate having regard to the objectives of the EU Habitats Directive with particular regard to the protection of the freshwater pearl mussel, Margaritifera Margaritifera".
It said the 240-acre landfill would constitute (a) an unacceptable risk of environmental pollution to the river and (b) a real and ever present danger to the freshwater pearl mussel, which is a protected species under the Habitats Directive.
"Taking into account the sensitivity of the freshwater pearl mussel, Margaritifera Margaritifera, any impact on water quality could have a significant and irreversible impact on the population" of the mussel in the river Lickey, the agency said.
There would be an "unacceptable risk of the disturbance of the species" from the construction and operation of the landfill, and the EPA was not satisfied that appropriate measures would be taken to avoid the deterioration of its natural habitat.
In reaching its decision, the agency said it had considered the application and supporting documentation received from the council, all submissions received from other parties and the report of the inspector who dealt with the case.
The council faces an estimated €10 million bill to rehabilitate its old landfill sites at Tramore and Dungarvan, failing which it risks prosecution by the EPA. Unless it receives financial assistance from the Department of the Environment, householders could face a levy on their waste changes to finance repayments of up to €1 million a year on a 20-year loan.
