This article is from page 14 of the 2006-04-18 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 14 JPG
CLARE County Council has claimed that the Environmental Protection Agency acted outside its powers in censuring the local authority over its management of its €8 million landfill at Inagh.
Last month, the agency served the fifteenth non-compliance notice on the council over the management of the landfill.
The non-compliance notice centred on the alleged 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 is now formally requesting that the agency withdraw the two non-compliance notices.
“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 have 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 categorically indicated that they had no reservation in relation to tree felling on this site.
“The felling of conifer trees during the first week of March would have minimal effects on the well-being of nesting birds as the birds would only be in the earliest stage of nestbuilding and indeed, little or no nestbuilding activity would have been anticipated during the exceptional cold conditions of that week.”
The council also argues 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.
“The matter of a non-compliance notice being issued on foot of information from the licensee is a source of concern to the council.”
On the EPA’s move to issue a noncompliance notice as a result of the site’s odour problems, the council queried whether in duplicated a previous notice.
The council states that the EPA has changed the reporting system as followed, since the facility was opened and that off-site odours are now a notifiable offence.
“The council is not aware that similar reporting arrangements apply at other waste management facilities. Is there a change in reporting systems for all waste management facilities?”