herald

Monday 11 December 2017

Landfill waste from Spencer Dock 'hazardous', court told

The waste came from Spencer Dock developments
The waste came from Spencer Dock developments

The Spencer Dock Development Company, PJ Hegarty and Sons, and Barnmore Demolition and Civil Engineering transferred hazardous waste to a North Dublin landfill after describing it as safe, it has been alleged in High Court proceedings.

Ms Justice Caroline Costello was told that the only reason Hollywood Landfill, at The Naul, Co Dublin, accepted the waste was because the defendants allegedly produced documents and information mis-describing it as non- hazardous.

An action for damages against the three companies has been launched by Murphy Environmental Hollywood and Integrated Materials Solutions.

Yesterday the plaintiffs asked the judge to direct the three defendants to disclose to them analyses of waste samples taken in April this year at the Hollywood Landfill.

Judge Costello refused to make orders directing the disclosure by the defendants of the test results, but strongly urged them to make the analyses available to the plaintiffs in advance of mediation meetings scheduled for next month.

She said there was a significant lack of trust between the parties and suggested that a new inspection - previously scheduled for today - in which fresh waste samples will be taken for analysis, should go ahead.

Barrister Joe Jeffers, for the plaintiffs, told the court that each of the defendants had undertaken to produce results of analysis of the April test samples, but this had not happened.

The plaintiffs wanted them made available before the new tests.

Contaminated

Mr Jeffers said it was their case that unsuitable waste had been transferred from a number of Spencer Dock sites to the landfill when, had it been known to contain contaminated and hazardous waste, it would have had to be exported.

Cian O'Hora, a director of Integrated Material Solutions, stated in a sworn statement that information provided by the defendants included laboratory analysis data on samples of waste from Spencer Dock, which purported to show it was acceptable for disposal at the landfill.

"On testing... it was confirmed that the waste was not in accordance with the laboratory testing provided by the defendants and, in fact, contained contaminated material that was not suitable for disposal at Hollywood Landfill," said Mr O'Hora.

In accordance with the instructions of the Environmental Protection Agency, the Spencer Dock waste had been quarantined and was currently isolated in the location where it had been deposited within the landfill known as "Cell 4", he added.

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