Directors linked to Kerdiffstown landfill may face massive bill

Moves to have the directors of companies associated with the Kerdiffstown landfill in Co Kildare made liable for a €20 million fine, as well as a clean-up bill in excess of €30 million are being explored by the Environmental Protection Agency (EPA).

The agency is also understood to be considering legal ways to make the directors of the Jenzsoph Ltd responsible for costs of almost €10 million which have been incurred since a 30-day fire at Kerdiffstown in 2011. The fire was blamed on third parties recovering copper from electrical wires after the landfill closed.

Jenzsoph Ltd with a registered address at Terenure Place, Terenure, Dublin 6, was convicted at Dublin Circuit Criminal Court this week on two counts in relation to management of the Kerdiffstown landfill near Naas, Co Kildare between 2003 and 2008.

The company, which was said in court to control the 30-hectare acre site, last filed annual accounts in 2009.

However it has not been struck off the register of companies. According to the last filing, the directors were company secretary Samuel Stears of Ashbourne Co Meath and and Anthony Dean, Broomhill Road, Tallaght Co Dublin.

Mr Dean and Mr Stears were also directors of Neiphin Trading Ltd which held an EPA licence to operate the landfill. Neiphin Trading ceased to exist in 2010, according to the Companies Office.

About three million tonnes of waste is estimated to be still on site.

David Flynn of the EPA refused to confirm the agency was planning legal moves against any named individuals. But he said all legal proceedings open to the agency under the Waste Management Acts were being explored.

Legal advice

He confirmed that under the Acts, directors could be made liable for the actions of limited companies in which they were actively involved, in certain circumstances. He said the agency was still taking legal advice and would explore “every avenue” open to it.

Efforts to conatct Mr Spears and Mr Dean were not successful on Wednesday.

The EPA spent three years investigating the Kerdiffstown landfill near Naas, before sending its file to the DPP

“This case involved the largest file ever compiled by the EPA and included a 22- volume book of evidence. The [€20 million] fine reflects the seriousness of the situation,” Mr Flynn said.

“It is very unusual something of this scale. It was pretty unique.”

Mr Flynn said the previous largest fine was €1 million, which was reduced on appeal to €100,000.

A spokeswoman for Kildare County Council said the authority took over the site on June 5th last.

Local residents have described the smells that came from the site as “stomach churning”.

Joe Friel, who lives near the dump and is involved in a campaign called Clean Air Naas, said local people were worried about the health of their children and themselves.

“The smell was as bad as you could ever imagine. A very heavy sulphuric smell. At times it smelled like raw sewage,” he said.