A Dublin farmer who pleaded guilty to water pollution had the matter withdrawn and struck out when he paid the council's costs yesterday at Tallaght Court.
Mr Laurence Harney, Upperlands, Newcastle, Co Dublin, pleaded guilty to failing to comply with a notice on April 4th last under the Water Pollution Act dated November 27th, 2002.
Mr Colm O'Shea, an engineer with South Dublin County Council said that in November 2002 they had received a report that there was an effluent discharge on the roadway at Upperlands. A notice was then issued under section 12 of the Water Pollution Act.
He said: "My inspector spoke to the accused and instructed Mr Harney to clean up the effluent."
Under cross-examination from Mr Ciarán Pyne, solicitor for the council, Mr O'Shea said that all the effluent was now directed to tanks on Mr Harney's farm.
He added that he had received a letter on September 12th last from Teagasc saying that the work had been carried out.
In response to Mr Harney's solicitor, Mr O'Shea said that a sample taken in November 2002 indicated a "high chemical oxygen demand".
Judge James McDonnell asked: "Was the discharge slurry or a run-off?" Mr O'Shea replied: "I am not entirely sure."
Judge McDonnell said: "The problem is that this matter was brought to Mr Harney's attention last November and the work was not carried out until August this year." Mr John Pouch, an inspector with council said the discharge was a mixture of manure and water.
Mr Pyne said the notice had been complied with and added that Mr Harney's solicitor had monies for the council's costs in court. Noting that the costs had been discharged before the court, Judge McDonnell withdrew and struck out the charge.