McInerney cleared of breaching Waste Act

ONE of the country’s largest building firms was cleared yesterday of breaching the Waste Management Act.

The case brought by Cork Co Council against McInerney Contractors Ltd was dismissed by Judge Brian Sheridan at Cork district court.

The judge said there was a question mark over whether control of waste material, comprised of soil and stones on a McInerney building site in Cork on September 3, 2007, had actually been transferred to an unauthorised person.

He also said there was a question mark over legislation governing the onus of responsibility on firms overseeing those involved in waste removal operations.

The council brought the prosecution under Section 32 Subsection 2 of the Waste Management Act 1996. It was claimed that McInerneys did not have an appropriate person — a person with a waste collection permit — to collect waste from a building site under its control on the Skehard Road in Blackrock on September 3, 2007.

The company was building a 40-house unit on the site for Cork City Council.

It was accused of transferring the control of the waste to Gordon Jones, a plant and agricultural hire contractor, who did not have a waste permit on that date for removal to a licensed facility.

Francis O’Dwyer from the council’s waste enforcement section said he inspected the site on September 3 and spoke to Shane Roche, the driver of a tractor, registered to Mr Jones, whose trailer was full of soil and stones.

Mr O’Dwyer said the material becomes waste when it leaves the site.

McInerney’s barrister, Pearse Sreenan, said his clients subcontracted certain works to an individual they were aware did not have a waste collection permit.

That individual, in turn, subcontracted work to Bishops Island Plant Hire Ltd, which did hold a permit.

Mr Sreenan said, unknown to McInerneys, that firm in turn further subcontracted work on the day in question to Mr Jones. He said the council gave Mr Jones time to “get his house in order” and he has to date, escaped prosecution.

He accused the council of a “marked bias” against his client and of treating them unfairly by prosecuting them, and not Mr Jones.

He said there is nothing in the legislation governing this area that puts the onus on McInerneys to ensure waste collectors are authorised. He said the council had not provided any evidence the tractor carrying the waste had actually left the site, therefore proving the transfer of control.

Judge Sheridan said he was satisfied the council had acted fairly, but he agreed on the last two points and dismissed the case.

McInerneys has since put a system in place to ensure this situation doesn’t arise again. Mr Jones was granted a waste collection permit last December. He was audited in June and Mr O’Dwyer said matters are outstanding in relation to his operation of the permit.