The High Court has held that a landowner and his company should pay an estimated €210,000 cost of an investigation to be carried out by consultants into the effects of illegal dumping on a special conservation site.
The site is near Fota, east Cork, and the study is to include a report on measures required to restore the area.
While saying he proposed to make such an order against Louis O'Regan, owner of lands at Weir Island, and against his company, AST, Mr Justice Frank Clarke yesterday adjourned to June 29th the making of final orders to allow counsel consider his judgment.
AST was fined €100,000 this year for dumping 100,000 tonnes of waste on the Weir Island site.
In his judgment yesterday on proceedings by Cork County Council, Mr Justice Clarke said he was satisfied there was a risk of pollution due to the holding of the waste on the site. It was difficult to determine what remedial works were required as there was considerable doubt over what materials were dumped.
The extent of the pollution risk and what works were required to address that were not matters for determination at this stage. The need for the consultants' investigation was due to the lack of records kept by the respondents as to the materials dumped.
He said that, in light of the "polluter pays" principle, it was open to the court to grant the proposed order against Mr O'Regan personally as well as his company.
He said Mr O'Regan owned the lands in question, and also owned AST. He was satisfied Mr O'Regan was the manager or supervisor of the holding of the waste, and was the supervisor of the disposal of the waste during the High Court proceedings.
Cork County Council had in June 2003 initiated High Court proceedings against Mr O'Regan and AST, with an address at Grianan House, Tramore Road, Cork, over dumping of waste on lands owned by Mr O'Regan at Weir Island, Barryscourt, Carrig-
twohill, Co Cork.
The council said the lands were located within a candidate special area of conservation (SAC). It complained that waste continued to be dumped despite its protests. It claimed the waste was causing environmental pollution, but this was denied by Mr O'Regan, who said it was mainly construction and demolition materials which he was using for the reclamation of spent gravel and sand pits.
At Cork Circuit Court in February, AST was fined €100,000 for illegally dumping 100,000 tonnes of waste on the site after Mr O'Regan, as secretary of AST, pleaded guilty to disposing of or undertaking the recovery of waste without an appropriate licence on the site on December 17th, 2003.
AST also admitted to a second charge of holding, recovering or disposing of waste in a manner that caused or was likely to cause pollution at the same site on the same date.
Mr Justice Clarke said the respondents claimed that substantial works had been carried out at the site since 2003, but he had heard no evidence to suggest matters had changed. The council was now seeking an order that the respondents pay for a site investigation.
In his view, the conditions for granting the order existed. AST had been found in December 2003 to be transporting waste in a manner likely to cause environmental damage, and the court must conclude the same situation existed. He had no doubt waste was being disposed of during the High Court proceedings.
He was satisfied the maritime area of the lands was a place of special interest. While most of the waste might be construction and demolition waste, it had been deposited without appropriate checks and recording procedures. He was satisfied the manner in which the waste was disposed of had caused significant adverse effects.
