Yesterday I again raised the issue of the illegal dump at Clonshaugh Belcamp at the area committee. My motion that the Council request a full Garda investigation be carried out into the dumping of hazardous waste at the illegal dump at Clonshaugh Belcamp was agreed unanimously.

 
Fingal County Council has received an application from the IDA to
retain the waste on site.  (The IDA didn’t carry out the dumping, but
bought the land without knowing it’s contents.)  This application was
submitted before, but on the morning of the day when Fingal County
Council was to discuss a motion from me directing that the Manager
refuse permission, the IDA withdrew their application.

Tommy Broughan, Labour Party TD has also been active on this illegal dump.  I learnt from his site
that the Gardaí "would carry out a full investigation if requested to
do so by either Fingal County Council or Dublin City Council." 
Therefore, I submitted the motion below that the Council formally ask
them to carry out a full investigation.  The Area Committee agreed
unanimously.

I also asked for a report on the current status of investigations of the site.  I attach that report below as well.

COMHAIRLE CONTAE FHINE GALL
FINGAL COUNTY COUNCIL

MALAHIDE/HOWTH AREA COMMITTEE
[Services A – Transportation, Environment and Water Services]

Thursday, 8th June, 2006

ITEM NO. 22

DUMPING OF HAZARDOUS WASTE AT ILLEGAL DUMP AT CLONSHAUGH BELCAMP

Motion:  Councillor D. Healy

"That this Committee recommends that the Council request that a full Garda investigation be carried out into the dumping of hazardous waste at the illegal dump at Clonshaugh Belcamp."

Report:

In June 2001 during the laying of a public sewer an illegal landfill site was encountered on land owned by IDA Ireland, a state sponsored body.  Subsequent detailed site investigations revealed that the waste dated from 1982 to 1983.  IDA Ireland had acquired the site in 1997 and were unaware of the presence of the waste prior to June 2001.

At the time of the dumping, some 14 years before the passing of the Waste Management Act, legislation in Ireland was very weak in this area.  The European Communities (Waste) Regulations, 1979 made it an offence to treat, tip or store waste on behalf of another person without a permit issued by the local authority under the regulations, and in this case there was no permit applied for or issued.  No authorisation system existed for waste collection activities.

An Garda Siochana were approached following the discovery with a view to carrying out an investigation, but because of the length of time since the dumping took place, and in view of their experiences in investigating more recent illegal dumping activities in Wicklow, they felt that it would not be possible to identify the persons who dumped on this site in such a fashion as to allow for prosecutions to take place.

 

COMHAIRLE CONTAE FHINE GALL
FINGAL COUNTY COUNCIL

MALAHIDE/HOWTH AREA COMMITTEE
[Services A – Transportation, Environment and Water Services]

Thursday, 8th June, 2006

ITEM NO. 23

ILLEGAL DUMP AT CLONSHAUGH BELCAMP – IDA PROPOSAL

Motion: Councillor D. Healy

"That the Manager report on the status of this Council’s investigations into the illegal dump at Clonshaugh Belcamp and on the environmental impact of retaining the waste on site as proposed by the IDA."

Report:

Following the discovery in June 2001 of illegal dumping at Clonshaugh, IDA Ireland, the owners of the land in question, commissioned a firm of environmental consultants to undertake an investigation of the site.  This investigation involved extensive trial holing and determined that the waste lies in an area 250 metres in length and 40 metres wide at a depth of 3 metres.  The waste is generally of commercial origin but also includes some clinical and hydrocarbon waste.  The presentation of the clinical waste makes it highly improbable that it originated from a hospital, and it is more likely to have come from an industrial origin, specifically the medical devices sector.  The volume of waste is approximately 50,000 cubic metres or 40,000 tonnes and the dumping took place in 1982 and 1983.  Part of the site lies within the administrative area of Dublin City Council.

While the likely origin of some of the waste has been determined, the length of time since the dumping took place and the legislative situation pertaining at the time of the activity make it extremely unlikely that sufficient proofs can be established for any prosecution to proceed.

IDA Ireland has applied both to this Council and to Dublin City Council for permission to retain the waste on site, which involves the construction of a containment system that will isolate the waste body within an area of 1.4 hectares for the purposes of environmental remediation of lands. The proposed development will include below ground level vertical containment walls; an impermeable capping system; surface water drainage; and monitoring systems, including boreholes, for environmental indicators. A landscape plan has also been incorporated and an EIS accompanies the application which deals with the environmental impact of retaining the waste on site including an environmental risk assessment.  Fingal County Council and Dublin City Council have jointly engaged an environmental consultant to evaluate the scope and adequacy of the EIS, and further information has been sought from the applicant.

The Environmental Protection Agency was consulted in relation to the proposal to retain the waste on site and the Agency has determined that a waste licence would not be required in this case.

Following a time extension, this Council is due to decide on the application by 17th July 2006.