A Cork city alderman has taken a High Court challenge to Cork City Council's refusal to exempt the elderly and sick from paying charges for the collection by private contractors of household waste.
Alderman Con O'Connell has asked the High Court for an order directing the council to fulfil its obligations under the Waste Management Act of 1996. The case concluded yesterday and Mr Justice O'Higgins reserved judgment.
Mr O'Connell, of Hillview Estate,Tramore Road, Cork, who is also a solicitor, claims the council's failure to fulfil its statutory obligation in areas where they have appointed private contractors for waste collection has resulted in considerable financial hardship to the elderly and the sick who, under other circumstances, would be entitled to a waiver of the refuse charge. He also argues that the council has caused a health hazard in that its policy has encouraged illegal dumping.
Mr O'Connell said the council implemented a charge some years ago for the collection and disposal of domestic refuse. It had operated a sticker system on bins but since a Supreme Court majority judgment in November 2001, it was obliged to collect and dispose of domestic refuse within its operational area even if the customer was in arrears or did not have a waiver.