This article is from page 18 of the 2006-06-20 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 18 JPG
CLARE County Council has again asked the Environmental Protection Agency (EPA) to reconsider two warning notices issued over the council’s management of the Inagh landfill facility.
The environmental agency issued a one-line response to the council’s previous five-page-long request to have the notices withdrawn.
Now, in response to the EPA’s letter, the council has written that, as licensee of the facility, it “requests that the Inspectorate of the Agency reconsider the details of the correspondence, dated April 12 and its subsequent reply”.
In March, the Agency served the fifteenth non-compliance notice on the council over the management of the €8 million landfill.
The notice centred on the council allegedly felling trees during the nesting season and on continuing odour problems caused by the landfill.
However, in a lengthy and strongly-worded response, the council formally requested that the agency withdraw the two non-compliance notices, claiming that it 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 categorically indicated that they had no reservation in relation to tree-felling on this site.
However, in spite of the lengthy arguments put forward by the council, the EPA, after a five-week interlude, issued the one-line reply that “notwithstanding the information submitted by the council, the agency considers that the Non-Compliances should remain”.
In its latest response, the council writes that “as licensee (it) outlined a number of matters in support of the case for the withdrawal of the notification of non-compliances.
“We respectfully request that the rationale forming the basis of the position of the Inspectorate is outlined. A detailed response to all other issues raised would also be appreciated”.