Council claims land used for illegal dump
Meath County Council claims the risk to the environment and human health from two landfill areas on lands near Enfield is significant.
Up to 100,000 tonnes of waste, including quantities of asbestos, was dumped over a number of years up to 2014, along with plastic, tyres, skip waste, soil, stone and mechanically treated waste on two unauthorised areas comprising three acres of a 265-acre farm.
The cost of dealing with the waste is estimated about €2m if the sites are “capped” and left in place or €6m if the waste is removed and treated at a licensed facility.
Yesterday Mr Justice Seamus Noonan granted Jarlath Fitzsimons orders against Eileen Hendy, as owner of the 265-acre farm at Ballynakill, Rathcore, Enfield, and her son Fred, as alleged operator of the two landfill sites. The orders are aimed at securing remediation of the landfill sites in line with EPA recommendations and also require the Hendys to pay costs, yet to be quantified, towards that remediation.
Mrs Hendy lives with her daughter in one house on the lands while Fred and his family live in another house nearby.
In an affidavit, Mr Hendy said he farms the lands and neither his mother nor his sister had any role in the waste activities. He said significant waste was brought onto the lands when he was not there, the lands are not now being used for any waste-related activity and he had engaged consultants to assist in finding an appropriate solution.
In an affidavit, Mrs Hendy said she left the running of the farm to Fred who had told her waste was being brought in to fill a low-lying field. She did not know at the time a permit was required, got no money from such activities and had no dealings with the contractors.
Arising from remarks by the judge, the council did not pursue its application for orders against a recycling firm and four waste hauliers.
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