Constant pressure forced action on Kerry estate’s lead pipes, claims EPA

Action was only undertaken to replace lead mains pipes in a large Tralee, Co Kerry, estate where lead in drinking water had been four times the accepted norm in response to "constant pressure" from the Environmental Protection Agency, a court has been told.

The EPA is prosecuting Irish Water and Kerry County Council for their failure to complete the replacement of the lead distribution mains at St Brendan’s Park in Tralee. A date has now been set for a full hearing of the matter.

In 2008, a sample of water from a house had 43mg lead per litre of water when the permitted level was 25 mg a litre; in 2014, a sample from a different house in St Brendan’s Park also yielded 43mg lead when permitted levels had dropped to 10 mg per litre, solicitor for the EPA Maeve Larkin outlined at Tralee district court yesterday.

Directions were first issued to Kerry County Council to replace the pipes in 2011, and in 2013 summonses were issued to have the work done by Christmas Day 2013.

The council had not done so and proceedings had been issued last June the council and the new sanitary authority, Irish Water.

Both bodies had failed to complete the mains replacement with specified times and the EPA wanted an early hearing, Ms Larkin said.

However, solicitor for both Kerry County Council and Irish Water, Nóirín O’Connor, said the council had begun work in November and an alternative water supply had been put in place for residents.

“The contractors are operating to schedule and the proposed completion date is May 2015 — a hearing will serve no purpose while works are ongoing,” Ms O’Connor maintained.

She also said some of the facts would be contested.

Judge James O’Connor said there had been a delay and while there was “a pile of action on paper” (by the council and Irish Water) “nothing has happened on the ground in St Brendan’s Park until November”.

However, the judge agreed with Ms O’Connor that there was little point in an early hearing and he adjourned the matter to June 19. The matter will take half to a full day, the judge expected.

Amid objections by Ms Larkin, Judge O’Connor granted the EPA liberty to apply with seven days’ notice if nothing happens.

St Brendan’s Park is in the centre of Tralee and was built by the town council in the 1950s. There are around 250 residences, making it the largest housing estate in Kerry.