On Monday June 12th, at Waterford District Court, the Environmental Protection Agency prosecuted Waterford City & County Council for breaching conditions of its Waste Licence.
The Council pleaded guilty to six charges contrary to Section 39(9) of the Waste Management Act 1996 (as amended) brought by the EPA relating to the management of the former landfill which is located at the site of the Kilbarry Nature Park:
• Failure to comply with Condition 4.15.2 on or about the 28th of March 2022, in failing to maintain a leachate management system at the said facility which abstracted and collected leachate from within the waste at the facility as required by the said Licence.
• Failure to comply with Condition 4.15.8 on or about the 18th of October 2021, in failing to have all leachate collection, pumping and containment structures at the said facility inspected and certified fit for purpose by an independent and appropriately qualified chartered engineer for the annual period 19th October 2020 to 18th of October 2021, as required by said Licence.
• Failure to comply with Condition 9.15 on or about the 18th of April 2021, in failing to carry out an updated topographical survey including the void space for the annual period 19th April 2020 to 18th of April 2021, as required by the said Licence.
• Failure to comply with Condition 9.17 on or about the 18th of April 2021, in failing to carry out a stability assessment of the side slopes of the facility and provide a report on that assessment to the Agency for the annual period 19th April 2020 to 18th April 2021.
• Failure to comply with Condition 9.11 on or about the 30th of June 2021, in failing to provide safe and permanent access to all on-site sampling and monitoring points and off-site points as required by the Agency in that the access to a number of surface water monitoring points was unsafe and inaccessible.
• Failure to comply with Condition 9.11 on or about the 31st of May 2022, in failing to provide safe and permanent access to all on-site sampling and monitoring points and off-site points as required by the Agency in that the access to a number of surface water monitoring points was unsafe and inaccessible.
Judge Staunton, having heard the evidence, convicted Waterford City & County Council on all of the above charges and imposed fines totalling €16,500. Costs were agreed.
In a statement to WLR News, the local authority said: "Waterford City and County Council has since engaged electrical contractors to repair and upgrade the leachate collection system at the closed landfill. The remedial works will enhance the leachate management system through the installation of alarms on all monitoring pumps to ensure any future breakdowns are readily identified."
The statement added: "Contractors have already installed improved access points for surface water sampling at the site and the topographical and slope stability surveys have also been carried out."
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