Legal proceedings initiated over nursing home waste found on Limerick farm

A DRONE was used by Limerick City and County Council to investigate the transporting of construction and demolition waste to a farm, Kilmallock Court heard.

Eamonn O’Mahony, of Glenfield, Kilmallock was prosecuted by the council for breaching the Waste Management Act.

David France, executive engineer with the local authority, said on July 12, 2020 he observed a tractor and trailer hauling waste.

“It was construction and demolition waste following a sizable piece of a nursing home being demolished. The tractor was not marked with the authorisation for removing waste. It was brought back to a farm in Glenfield, Kilmallock,” said Mr France.

During an inspection on the following month, he said there was a significant amount of waste on the farm and buried adjacent to a slurry tank.

"There were plastics, wires, metals, concrete blocks - pollutants in nature,” said Mr France.

Will Leahy, solicitor for the council, asked the witness to outline to the court who can (legally) remove waste of that nature.

“Authorised waste collectors,” said Mr France.

The executive engineer then told the court that he checked the planning system and found there was no planning for the construction of the farm building which is 36.5 metres long.

“The waste was used as backfill to the slurry tank. There has been a submission for planning retention,” said Mr France.

Kilmallock Court heard that the council flew a drone over the farm in March 2021 and photographs were taken of waste.

“Statutory notices were sent out to cease importing waste to Glenfield, Kilmallock and transfer it to a licensed waste facility,” said Mr France.

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Michael O’Donnell, solicitor for Mr O’Mahony, produced receipts relating to the removal of 27 tonnes of waste.

Mr France estimated there was 100 tonnes of construction and demolition waste above ground and between 500 and 600 tonnes below ground. 

“It’s a huge job to remove it?” asked Judge Patricia Harney.

“Yes,” said Mr France, who added that “only a fraction” has been removed.

Mr O’Donnell put it to him that there was no liquid form of pollution.

“The material can degrade over time and cause pollution,” replied Mr France.

Judge Harney said she would adjourn the case to November for a progress report. She also asked for trial holes to be dug for testing

“I require progress otherwise I presume Mr Leahy will ask me to finalise matters,” she said.