Unauthorized Waste Site Forced to Clean Up and Cease Operation

Unauthorized Waste Site Forced to Clean Up and Cease Operation

Mr. Adrian Harper of Leggettsrath, Kilkenny pleaded guilty through his solicitor Michael Lanigan at Kilkenny District Court on the 28th April to three charges under the Waste Management Act 1996. The case was brought to court after a site inspection in April 2013 by the environmental enforcement unit of Kilkenny County Council revealed that the site contained a large quantity of old vehicles, waste engine oil, medical waste, domestic waste and a large volume of construction and demolition waste. Mr. Harper was first served with a notice in April 2013 to cease accepting waste, to remove all waste from his property and to supply a report to the Council on the quantity of waste removed, its final destination and to supply evidence of the Certificates of Destruction for all the vehicles to ensure they were de-polluted and recovered at a permitted facility.

The case was adjourned a number of times to allow the defendant time to clear the site. However failing to provide information on the waste removed, failure to clear the site within the time period specified and failure to hold a valid waste facility permit led to court proceedings against Mr. Harper. Judge O'Brien convicted Mr. Harper and took two charges into account. He imposed costs and fines totalling €2,018 and gave the defendant four months to pay the fines and costs, with 7 days in jail in default. Both John Harte, solicitor for the County Council and Mr. Lanigan agreed that the site had been cleared after a huge effort on the part of the defendant.

Kilkenny Local Authorities is responsible for safe guarding the environment from potential pollution incidences. "Waste facilities that operate without the appropriate permits and store waste without adequate controls must be shut down in the interest of public safety. Kilkenny Local Authorities would encourage members of the public to report suspicious sites that have unaccounted movement of waste so they can be investigated to ensure that they do not pose a risk to the local environment" commented David Smyth, Enforcement Officer with Kilkenny Local Authorities.