Prosecution of Irish Water for contaminating Cork river home of endangered mussel adjourned

Utility has admitted eight counts of breaching the terms of its licence in connection with levels of ammonia and orthophosphate from a wastewater treatment plant in Boherbue, Co Cork

The existing wastewater treatment plant discharges into the Brogeen river, a protected conservation area and home to the freshwater pearl mussel. Picture: William O’Connor

A judge adjourned a prosecution against Irish Water for contaminating the Co Cork habitat of an endangered mussel for work to start on a new water treatment plant.

The utility was before Dublin District Court again following a four-month adjournment of a prosecution brought by the Environmental Protection Agency (EPA).

It has admitted eight counts of breaching the terms of its licence in connection with levels of ammonia and orthophosphate from a wastewater treatment plant in Boherbue, Co Cork.

The existing plant discharges into the Brogeen river, a protected conservation area and home to the freshwater pearl mussel.

At the resumed hearing of the case, Dr John Feehan, an EPA senior wastewater inspector, said Irish Water had received planning permission for a new treatment plant. Work would commence near the end of this year and is expected to be completed in early 2024.

Dr Feehan said building the new facility was the best solution, and it will be able to with increased volume.

Asked if there was an apprehension the mussel would go extinct, he said, "hopefully not". He told the court the EPA was doing its best, working alongside Irish Water.

Judge Halpin adjourned the case until December to ensure the work had commenced. He added he was conscious that this mussel species could be extinct. 

However, keeping the case before the court would concentrate minds, and he said he could see that Irish Water was doing its best now.

Mussel on verge of extinction

Earlier, EPA inspector Patrick Chan said the freshwater pearl mussel was an important species and now mainly found in Ireland and Scotland but was on the verge of extinction.

Mr Chan agreed with prosecution solicitor JP McDowell that the upgrade work was supposed to be done by 2014.

But the deadline was pushed back to 2019 and then to 2021.

Irish Water was already fined €4,000 for not having the Boherbue plant rebuilt on time.

The court heard the level of ammonia discharged into the river was not supposed to exceed 0.5mg per litre, as stated in the plant’s licence, but it has been seven times that over the last four years.

The court heard five times the set limit of orthophosphate discharged into the river. The pollutants had consequences for the freshwater pearl mussel, the inspector said.

Upgrading the treatment plant was necessary to protect the species, Mr Chan added.

The court heard Irish Water had prioritised capital upgrades in the Cork City area.

Defence counsel Eoghan Cole said the water company recognises the seriousness of the issue.