Environmental campaigners in the Ringsend area are to take legal action against Dublin City Council over its failure to control foul odours from the Ringsend sewage treatment plant.
The €300 million plant, which processes sewage from 1.7 million homes, has caused intermittent odour problems since it opened in July 2003.
The council announced early this year that it intended to expand the plant to increase its capacity and process the waste of 2.2 million people.
The Ringsend, Irishtown and Sandymount Environmental Group said it had submitted an engineer's report to the council before the plant was commissioned, warning that it would not have the capacity to deal with the waste of what, at the time, was 1.2 million homes.
The group has also written to the council on numerous occasions since the plant opened concerning the smell.
However, group chairman Damien Cassidy said the council had ignored residents' concerns and failed to take adequate steps to control the air pollution caused by the plant.
The group informed the council last week it intended to proceed with a High Court injunction to restrain the "nuisance" caused by the plant and to sue the council for damages and costs.
In a written reply, the council said the issue was a "top priority" and it had commissioned independent "odour experts" to assess the plant.
The council was in talks with the contractors to rectify the situation, it said. "The council is anxious to have a comprehensive implementation programme in place by this autumn which will address the odour problem."
However, Mr Cassidy said the letter, signed by the council's law agent, Terence O'Keeffe, was not sufficient.
"The law agent is asking us in effect to hold on without giving any commitment and without giving an undertaking that this noxious smell will cease."
The council's letter, along with all documentation relating to the complaint, would now be sent to the group's barrister, Mr Cassidy said.
The smell was "particularly obnoxious" on the Sunday before last. "Should that be repeated I would consider it of sufficient urgency to approach a judge on emergency holiday sittings and seek an immediate injunction against the council," Mr Cassidy added.
A spokesman for the council said yesterday that it considered its response to the group's letter adequate and hoped there would be no further action.
A US engineering firm, CDM, had completed its assessment of the odour problem, but its findings will not be released until a full programme of works had been agreed.
The European Commission is also taking legal action against the Government for its failure to address a number of environmental issues relating to the Ringsend plant, including the odour problem.
