Limerick company faces prosecution over illegal burning of vegetation at commercial yard

A COUNTY Limerick company will avoid a criminal conviction relating to the illegal burning of waste on lands it owns if it pays the costs of the local authority, a judge has said.

Smithform Holdings SB Limited is being prosecuted by Limerick City and County Council arising from two incidents at a commercial yard in Drombanna in March of this year.

In court, executive engineer Dermot Lambe testified that he was alerted by Limerick Fire and Rescue service on March 24, after crews attended the scene of a fire involving the burning vegetation at the premises. 

Mr Lambe said he visited the site - at Robin Hill, Drombanna -  the following day with the intention of informing the business owners that they are not legally permitted to burn waste, including vegetation.

However, upon arrival, he discovered that burning was once again taking place. 

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The witness recounted how operatives on the site were instructed to extinguish the fire, which they did by covering it with soil. When the business owner arrived, Mr Lambe advised him that burning waste of any kind was not permissible. 

Mr Lambe told Judge John King that there had been no further incidents involving the company. 

When asked by solicitor Michael O'Donnell Mr Lambe confirmed the presence of a skip on the site but clarified that the material being burned included plastic waste in addition to vegetation. 

Giving evidence, Mr Lambe stated that under current legislation, the burning of any waste, including vegetation is not permitted. He said the previous system of issuing permits allowing the burning of vegetation ended  in November 2023. 

"There is no provision under any act for burning. It's just not permitted," he stated, adding that under the Waste Management Act, the only legal means of disposal is through approved channels, such as licensed waste facilities.

Regarding the defendant company, he accepted the waste (being burned) was entirely from internal operations and that it had not been imported onto the site from external sources.  

Mr O'Donnell said the waste in question was linked to ongoing clearance work at the premises, which had changed ownership earlier in 2024. 

The solicitor told the presiding judge that his client was anxious "to deal with it (the case) at the first opportunity" to which Judge King acknowledged that the business operator “seems to have learned his lesson.” 

The case was adjourned until February 6, 2026, for the discharge of prosecution costs amounting to €1,232.

If the monies are paid by the next court date, he indicated he will apply the Prohibition Act, leaving the company without a conviction.