Illegal dump landowners are facing a multi-million euro clean up bill
Under the Polluter Pays Principle, the High Court ruled those involved in the illegal dumping of hazardous waste were negligent and must pay the costs of remediating the site between them.
It could cost between 4million and 20m depending on what method was used to dispose of the hazardous hospital waste which included liquid blood which had been found in tubes and needles.
The higher costs would involve incineration of the material.
The land on which the hazardous waste was dumped on is owned by Clifford Fenton against whom the action was taken, together with Swalcliffe Limited trading as Dublin Waste and its directors Louis and Eileen Moriarty.
Mr Fenton is a farmer and his land where the illegal dumping took place is at Coolnamadra, Donard, Co Wicklow. He and Dublin Waste were sued by Wicklow County Council.
More than 8,000 tonnes of waste were dumped on the land in October 2001 with between and about 400 tonnes of this was hazardous waste material from the Mater Public and Blackrock Clinic.
No action was taken against the hospitals for legal reasons.
The dump measured about 30 metres by about 26 metres and is adjacent to a tributory of the River Slaney.
Mr Justice Philip O’Sullivan held that on the facts presented both Mr Fenton and Dublin Waste were negligent.
Mr Fenton he said “either saw or should have seen that the waste was not exclusively builders rubble”.
He said Dublin Waste were negligent in failing to have an appropriate system whereby they could identify hazardous waste and set it aside as they were required to do under their licence.
The company was also negligent in failing to have a system which ensured that all materials leaving the premises of Dublin Waste would be brought only to authorised dumps and not to unauthorised dumps.
The judge ruled that the dump be restored to the standard it previously held with neighbouring fields.
Earlier in the court hearing evidence was given that a sub contractor hired by Dublin Waste was responsible for the illegal dumping and had been dismissed by the company when this was discovered.
After the judgment, Michael Nicholson, director of Environmental Services with Wicklow County Council, said it was the first time a case had been brought before the court under the Waste Management Act 1996 which upheld the polluter pays principle.
He said it would send the clear message to those people using unauthorised sites to save money that those days have ended.
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