Crime & Law

Kerry waste recycling company fined over €500k for breaching limits of licence

Dry recyclables meant to be stored indoors at Killarney Waste Disposal facility were stored outdoors and there was run-off to a field, EPA found

There was 'no actual environmental damage' caused by the actions of Killarney Waste Disposal after it was convicted for breaching the limits of its waste licence at its recyclables storage facility near Killarney, Judge Sinead Behan noted, in her decision at Tralee Circuit Criminal Court at Tralee Courthouse, Tralee, Co Kerry. Photograph: Google Street View
There was 'no actual environmental damage' caused by the actions of Killarney Waste Disposal after it was convicted for breaching the limits of its waste licence at its recyclables storage facility near Killarney, Judge Sinead Behan noted, in her decision at Tralee Circuit Criminal Court at Tralee Courthouse, Tralee, Co Kerry. Photograph: Google Street View
Anne Lucey
Fri Nov 15 2024 - 12:29

One of the biggest waste recycling companies in Kerry has been fined €500,000 after being convicted for breaching the limits of its waste licence at its recyclables storage facility near Killarney.

In 2013 and in 2014 as well as in 2015 and 2016, waste was accepted in excess of the annual limit of 40,000 tonnes – sometimes twice the amount, the court was told in evidence by the Environmental Protection Agency.

Dry recyclables which were meant to be stored indoors at the Killarney Waste Disposal facility at Aughacurreen, Killarney, were being stored outdoors and there was run-off to a neighbouring field, the EPA found during inspection.

There was “no actual environmental damage”, Judge Sinead Behan noted in her decision at Tralee Circuit Criminal Court on Thursday.

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Sean Murphy, director of Killarney Waste Disposal (KWD) Unlimited Company, pleaded guilty in March to two offences of breaching his licence under the Waste Management Act.

The court heard in March from an EPA officer how, in 2013, some 83,193 tonnes was collected; in 2014 the figure was 93,011 tonnes; in 2015 it reached 102,744 tonnes and in 2016, 76,261 tonnes.

The court was told how the net figure of profit on the excess was €768,000 over the two years pleaded to.

The court heard from KWD defence counsel Oisín Collins SC of an industry-wide delay by the EPA in issuing waste licences.

In 2006, KWD had applied for a licence to handle 59,000 tonnes of recyclables, but there was “a considerable delay” in the granting of that licence. It was 2015, almost nine years later, before the license came through.

Mr Collins said demand had increased considerably in regard to waste recyclables.

The material collected while the licence was awaited would otherwise have been left at the kerbside.

No environmental pollution occurred and in fact environmental pollution was averted, Mr Collins said.

Difficulty arose because of the almost nine-year delay in granting the licence to increase the tonnage, as well as planning delay and difficulties in a new site near Farranfore, said Mr Collins SC, instructed by Andrew O’Connell, solicitor.

Had there been a speedier response by the EPA, “much of the difficulties” would not have arisen, the defence senior counsel said. The delays in issuing licences were not just with his client, but “were industry-wide”, Mr Collins said.

In her decision, Judge Behan said “there was no question but the limit was exceeded, sometimes amounting to over twice the limit of the licence”.

The breaches were “deliberate, persistent and over a prolonged period of time, of four years”, she said.

The licence applied for was for 59,000 tonnes, she said “and in each of the four years the amounts collected were well in excess of that”.

There was “no concrete evidence” of damage to the environment, but limits must have an environmental rationale, even if there was no apparent damage, she said.

The offence was on the low- to mid-range scale because there was " no actual damage to the environment”.

Mitigating factors included the plea of guilty, the lack of previous conviction, the fact a licence was applied for, that there was no attempt to conceal what happened and no evidence of environmental impact – and the company’s employment of 400.

She imposed a fine of €250,000 on each of the two counts. The fines will go to central funds, not the EPA, said Tom Rice, prosecuting, for the DPP, instructed by State Solicitor Diane Reidy. He sought costs of €3,258 for the EPA. Judge Behan granted this.

The company, which operates in Kerry, west Cork and West Limerick, issued a statement on foot of the decision.

A spokesperson for Killarney Waste Disposal said: “These are historical issues that had no environmental impact, which occurred over a decade ago. We are now fully compliant on these issues and look forward to providing a comprehensive service to our clients in the decades ahead.”