a landfill site in Co. Kildare, Ireland, suspected of harbouring illegal waste that was likely to cause environmental pollution
The Waste & Resources team were approached by the Irish Environmental Protection Agency (EPA) to investigate the suspected disposal of waste likely to cause environmental pollution and the disposal of waste without a legally required licence.
More on our Waste Servicesa landfill site in Co. Kildare, Ireland, suspected of harbouring illegal waste that was likely to cause environmental pollution
landfill site samples, which were then tested, frozen and securely stored for 15 years as evidence in 2022 court case
as Expert Witnesses, assisting the prosecution by the jury’s clear understanding of the evidence presented
Ireland’s Environment Protection Agency is responsible for protecting and improving the environment in Ireland. It plays a key role in environmental regulation, provision of knowledge and advocacy for the environment.
In 2008, WRc’s Waste & Resources team were asked by the Irish Environmental Protection Agency (EPA) to conduct a landfill investigation in Kerdiffstown, Co. Kildare, Ireland. The landfill investigation was to support the EPA’s prosecution of a director of a waste management company for the disposal of waste in a manner that was likely to cause environmental pollution contrary to s. 32(1) of the Waste Management Act 1996 and the disposal of waste without a licence contrary to s.39 of the Waste Management Act.
The waste at Kerdiffstown had reached a height of 116 metres above sea level by 2008, which had produced several environmental risks, including build-up of gas, leachates and unacceptable odour, according to the prosecuting counsel Dean Kelly SC. Leachate production was estimated to be 50 cubic metres per day from the site over the period under investigation, which was draining into the underlying geology and posing a risk of groundwater pollution.
The W&R team conducted a detailed intrusive landfill site investigation, ground penetrating radar and topographical survey under the watchful eye of the EPA and Gardai, followed by subsequent characterisation, interpretation and reporting, with the expectation of delivering and completing the work for the client during 2009. However, the court case was adjourned until 2015. WRc was asked to securely store frozen samples in 2009 - eventually extending that request until 2023. In 2021, the W&R team was asked to present their finding in court, as expert witnesses; however, that court date was adjourned until 2022.
The jury returned guilty verdicts on all three charges against the accused director.
The director of the waste management company was convicted over the illegal operation of a landfill site in Co Kildare. He was found guilty by a jury in November 2022 of offences contrary to the Waste Management Act 1996 and was charged on three counts: two that he had disposed of or undertook the recovery of waste at a facility in Kerdiffstown, Naas, Co Kildare, which was not in accordance with the waste licence then in force (Oct 2003-Sept 2006 and Sept 2006-Nov 2008); and one that he held or recovered waste in a way that was likely to cause environmental pollution (Oct-Nov 2008). Due to the accused’s health problems, sentencing was adjourned until January 2023.
In June 2023, sentencing took place. According to reporting by the The Irish Times, the judge presiding over the case set a sentence of four years for each of the charges, which she reduced to three years per charge, with the final 12 months suspended having considered the accused's poor health, age and other mitigating circumstances.
According to the EPA, "The outcome of the prosecution arising from this investigation sends a clear message that those engaged in environmental crime will be held to account."
