This article is from page 10 of the 2006-06-06 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 10 JPG
THE Environmental Protection Agency (EPA) has tersely dismissed a bid by Clare County Council to have two warning notices issued over the management of its Inagh landfill withdrawn.
In March, the agency served the fifteenth non-compliance notice on the council over the management of the €8m landfill.
The council replied with a lengthy defence. But, after a five-week interlude, the EPA has issued a one-line response.
It states that, “notwithstanding the information submitted by the council, the agency considers that the non-compliances should remain”.
Council officials are currently drafting a response to the EPA letter. Chair of the Special Environment Policy Committee, Cllr Patricia McCarthy (Ind) said it was, “very difficult to comprehend the activities of the EPA at times”.
Accusing the EPA of nitpicking, Cllr McCarthy added that the agency was, “not giving clear directions or clear guidelines to the council. The Inagh site is a very well run site.”
The non-compliance notice centred on the council allegedly felling trees during the nesting seasons and on continuing odour problems caused by the landfill.
However, in a strongly worded five page response, the council formally requested that the agency withdraw the two non-compliance notices and claimed that the agency had acted outside its powers.
The council stated that, “the agency would appear to have arbitrarily issued a non-compliance in relation to tree-felling, which it can be argued is outside the scope of the licence as the issue of tree-felling is defined and protected within other statute.
“In the council’s view, the agency has in effect acted ultra vires in the issue of non-compliance notice as the basis for its issue is held by other authorities.
The council pointed out that the Forestry Service and the National Parks and Wildlife Service had both indicated that they had no reservations in relation to tree felling on this site.
The council also argued that ‘in no way can the tree-felling be considered as environment pollution and as such should not result in the issue of a non-compliance which is specifically linked to the Waste Management Act.”