Council secures temporary court order preventing recycling facility from accepting any more waste

Fingal County Council has secured a temporary High Court order restraining the operators of a plastic recycling facility from accepting any more waste at the site.

The council sought the order over its fears that the excess waste material that is currently being held at the recycling facility at Rosemount Business Park Ballycoolin Road, Dublin, may cause environmental pollution and may be a fire hazard.

The council says it has raised its concerns with the facility’s operators but it has not been satisfied with the responses it has received.

The interim injunction was obtained under the 1996 Waste Management Act against Cloughwater Plastics Ireland Limited, trading as Van Werven Ireland, which operates the facility, Shane Woods and Ton Van Der Giessen who it is claimed are directors of the firm.

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The order requires the respondents to immediately cease accepting any further waste at the waste storage facility at the business park.

The injunction was granted, on an ex parte basis (only the plaintiff was represented), by Mr Justice Charles Meenan on Wednesday.

The judge adjourned the matter to a date later this month.

However, he granted the respondents permission to seek to return before the court to have his order lifted or varied on notice to the council’s lawyers.

Seeking the order, the council, represented by Jarlath Fitzsimons SC, with Lydia Bunni, instructed by Michael Quinlan of Dixon Quinlan Solicitors, says Cloughwater Plastics has not been complying with the conditions attached to a permit allowing it to store and process waste at the site.

As well as issues over the excess volume of waste being stored outdoors at the facility the council says that there is a risk of strong odours coming from the site if the waste material is not properly stored and monitored.

It has raised concerns with the company and the respondents over their alleged failure to provide the local authority with details including a Closure Restoration and Aftercare Management Plan, or copies of insurance policies it has in respect of the facility.

Those alleged failures amount to breaches of the permit granted under the 1996 Act it is submitted.

The council also became concerned about the facility when it learned last year that the company was the subject of High Court application to appoint a provisional liquidator to Cloughwater Plastics.

Those proceedings, to which the council had become a notice party, were resolved following out-of-court discussions between the parties.