Monday 20 November 2017

Dublin firm fined €20m over pollution and 'nuisance odours'

Courts (Stock photo)
Courts (Stock photo)

Declan Conlon

A DUBLIN company has been fined €20 million for causing pollution and "nuisance odours" at a landfill near Naas in Country Kildare.

Jenzsoph Ltd, with a registered address at Terenure Place, Terenure, was convicted at Dublin Circuit Criminal Court on one count of holding or disposing of waste in a manner that caused environmental pollution in the form of nuisance odours at Kerdiffstown, Kildare between February 1 2007 and November 25 2008.

It was also convicted of holding or disposing of a large mound of waste in a manner likely to cause environmental pollution at the same location between October 22 2003 and November 25 2008.

Both are offences under the Environmental Protection Act. The trial was unusual as Jenzsoph Ltd was not represented in any way and no defence was offered. The prosecution applied at the beginning to proceed in its absence and the court entered a not guilty plea on its behalf.

Alex Owens SC, prosecuting, told the jury in his opening address that Jenzsoph Ltd controlled the 30 hectare site and granted a licence to Neiphin Trading in 2003 to use the site for commercial purposes.

A separate licence was granted to Neiphin by the Environmental Protection Agency in October 2003 (EPA). The EPA granted a further licence in 2006 which ran until November 2008.

Mr Owens said Neiphin Trading was a wholly owned subsidiary of Dean Waste Company Ltd, owned by businessman Anthony Dean. Neiphin Trading ceased to exist in June 1 2010 and Dean Waste entered receivership in June 10 2010, said Mr Owens.

Mr Dean is also a shareholder of Jenzsoph Ltd, said Mr Owens. He said that Jenzsoph Ltd continues to exist and still controls the site.

During the two-week trial the jury heard evidence of “nuisance odours” interfering with the amenity of nearby houses and other premises.

Evidence was heard that a large amount of non-hazardous domestic waste was accumulated in the north-west corner of the facility, which lies outside Naas.

The jury returned guilty verdicts today after one hour of deliberations.

Judge Patrick McCartan imposed fines of €10 million for each count and directed the company to pay within one month.

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