The European Commission has issued a legal warning to the Government over the operation of a landfill dump near the Avoca river in Co Wicklow.
The Government is accused by the Commission of failing to comply with an EU ground-water directive in relation to the now disused dump at Ballymurtagh river, near Avoca.
Two site inspections by the Environmental Protection Agency, in June 2002 and December 2002, found that Wicklow County Council did not comply with several waste licence conditions for the landfill, which is in an open-pit mine.
It has emerged that the Government has failed to meet a deadline to respond to the legal warning from the European Commission. A spokesman for the Department of the Environment told The Irish Times that it would defend its position and would argue that it had complied with the EU directive. However, he said, the Department would not reveal details of Ireland's defence until its report had been completed. It would be sent to the Commission "shortly".
The Ballymurtagh landfill has been in operation since 1989. It was opened despite local resistance and a hydrological report, which advised against the site's suitability. When it opened, it was subject to the ground-water directive 80/68/EEC of December 17th, 1979, but at that time there were no landfill directives. An EU landfill directive was incorporated into Irish law in 1999.
The hydrological report in 1986, by hydrologist Dr Paul Johnston, predicted that the use of the open-pit mine as a landfill would result in liquid (leachate) permeating through the waste and escaping into the nearby Avoca river.
Wicklow County Council was issued with a waste licence by the Environmental Protection Agency in April 2001, but only on condition that it protected waters from surface and ground-water discharges. However, the EPA site inspection in December 2002 found that management at the facility was not monitoring leachate levels, landfill gas or surface water. The plant ceased operation shortly afterwards.
Green Party MEP Ms Patricia McKenna criticised both Wicklow County Council and the EPA for their roles in relation to Ballymurtagh landfill. "The local authority had a responsibility to choose a management option that would ensure no further pollution to the Avoca river. It is bad enough allowing the dumping on this site in the first place but not to properly control it is worse," she said.
Wicklow County Council has refused to comment.