The owners of a plastic sheeting factory in Athlone, against whom allegations of pollution have been made by local residents, are in "a Catch 22 situation" and "deeply frustrated" about not being granted an air emissions licence, the High Court was told yesterday.
Athlone Extrusions Ltd says it is unable to construct a thermal oxidiser plant - which, it says, would reduce the emissions - without such a licence.
Objections to the granting of an air emissions licence to Athlone Extrusions for its plant at Castle Street, Athlone, have been made by a number of local residents.
In proceedings before Mr Justice John Quirke, 29 residents allege they have developed respiratory and other health problems due to emissions from the factory. The residents are seeking damages and other orders, including orders directing noise levels to be reduced to acceptable levels.
Yesterday, John Gordon SC, for the company, said that his clients approached Westmeath County Council in autumn 2002 with the intention of constructing a thermal oxidiser. This would act as a kind of oven in which the emissions from the various production processes would be burned up at very high temperatures. An Austrian company had been engaged to build it for them. Planning permission had been sought in March 2003 and the company received notice it would get permission, subject to an air emissions licence being secured.
Subsequently, there were objections to the planning application which included objections from the plaintiffs. In June 2004, An Bord Pleanála confirmed the planning permission for the facility. However, the company was unable to construct the oxidiser until it got the air emissions licence.
Counsel said his clients had been in frequent contact with the council as to when they could expect the licence and at various times were told the matter was in hand. However, they still had no licence. Mr Gordon said lawyers for the residents had conceded the proposed oxidiser would improve the situation.
Mr Gordon said the company was in a Catch 22 situation. It had tried to bring in remedial measures and a great deal of money had already been spent but the ultimate solution had not been possible to put in place because of a series of objections - some of which had been made by the plaintiffs. Ironically, Mr Gordon added, some of the plaintiffs lived in houses which were built by the original owners of the factory for their employees.
John Powell (37), whose house backs on to the factory, said Talbot Avenue was a beautiful place to live in 1995 but in 1997 there was a really poisonous smell coming from the factory. The silos also made an awful noise which would continue for 24 hours a day.
He believed his health started to deteriorate because of the smell. In 1998 he began to develop a lump in his throat and started coughing as though he was a smoker, which he was not. He also started to get a wetness in his eyes. When the family left the house to allow renovations take place, he found his health returned to normal. However, within a few weeks of returning, his problems started again and the noise was still there.
The hearing continues.