The Environmental Protection Agency (EPA) was granted an order by the High Court yesterday requiring a waste disposal company to cease accepting waste at its premises at Upper Sheriff Street, Dublin, which premises is licensed by the agency.
Proceedings under the Waste Management Act 1996 were taken against Swalcliffe Ltd, trading as Dublin Waste. The company employs 75 people, either directly or indirectly, the court heard.
Applying for a stay on the order, counsel for the company said that arrangements would have to be made to terminate the employment of these 75 workers as a result of the order.
There were also 700 skips on sites in the Dublin area containing waste which would have to be disposed of.
Refusing a stay, the judge said it was imperative that the order of the court take effect immediately. Any servant or agent of the company who knowingly breached the order of the court would be in contempt of court.
In a reserved judgment, Mr Justice Ó Caoimh said he was satisfied that evidence presented by the EPA portrayed a very clear situation of non-compliance by Swalcliffe with its licence.
Essential matters addressed to the court were a failure to maintain records in accordance with the licence and legislative requirements and a failure to comply with the licence in relation to the quantities of waste received by the company at the facility and the disposal of waste to unauthorised sites.
The company had been the subject on two occasions of prosecutions in the District Court, the judge noted.
He said it was clear under the terms of the waste management legislation that activities could be carried out only within the terms of the licence held by the company and not otherwise. It was patently clear that activities had not been confined to the terms of the licence and had transgressed it in material ways, he added.
Mr Justice Ó Caoimh said he had no doubt that the consequences of granting the order sought would be serious for the company. Against that, he had to consider the transgressions which had been demonstrated to the court. Evidence demonstrated that the company had been receiving into the facility a quantity twice that permitted under the terms of the licence.
An alarming aspect of the case was that the company had operated the facility outside the hours permitted, in a number of cases many hours outside, he added.
Mr Justice Ó Caoimh allowed costs to the EPA and granted a stay on the order relating to costs in the event of an appeal.