A Letterkenny concrete company has been brought before the court charged with water pollution offences.
Donegal County Council has taken the case against Letterkenny Concrete & Quarry Products Limited of Cullion Road, Letterkenny.
Four charges are being considered by Judge Éiteáin Cunningham, who heard the case at a recent sitting of Letterkenny District Court.
It is alleged that effluent from the premises was discharged into a waterway that flows into the Swilly, with elevated pH and suspended solids levels.
The company has argued that ‘the problem is of Donegal County Council’s own making’ following the resurfacing of the road at its premises.
Dr Joe Ferry, a senior executive scientist with Donegal County Council, told the court that ten warning letters in relation to non-compliance had been sent to the defendant. Dr Ferry said he regularly monitored compliance with the licence, which was granted on May 19, 2017.
On December 13, 2021, Dr Ferry attended the premises and carried out an inspection. Dr Ferry said he identified a discharge from the facility entering a surface water drain. Photographs were submitted to the court.
Samples at different locations were taken and at the point of discharge, Dr Ferry said the pH levels were greater than 10 and the suspended solids levels were 25 times the licensed limit.
The court heard that a grid located at the front of the facility is designed to collect sediment. The level of sediment in the grid was ‘very high’, Dr Ferry said.
The ability of a settlement lagoon nearby was ‘very much incapacitated’ due to the levels of sediment.
Dr Ferry said this was brought to the attention of the owner. “We have no response on record,” Dr Ferry said. “One of the conditions of the licence is that they are required to submit samples annually. There is no record of this.
This is designed to give an operator an idea of how well an effluent treatment system is performing.”
Dr Ferry explained that pH levels of 11-12 were known to cause fish kills in receiving waters and at a ‘number of inspection visits’ the same non-compliance levels were found.
“We had no indication that corrective action was taken,” he said.
A pH level of between 6-9 is the requirement of the licence. Without a corrective system in place, Dr Ferry said this was ‘almost impossible’ to achieve.
Of 13 inspections previously carried out, Dr Ferry told Mr Timothy Morrow BL, for the company, only two were compliant.
Mr Morrow said that an inspection in December 2019 was passed after remedial works were carried out, including the installation of tanks to deal with the issue.
Mr Morrow said that road works were carried out adjacent to Letterkenny Concrete in 2020 which altered the road to such an extent that the gradient leans into the premises.
“When it rains, the water will flow into the premises,” Mr Morrow said. “The water overflowed and went into the stream.”
He said the tanks hold 12 tons of material and additional tanks were installed six weeks ago.
Mr Morrow said that only two prosecutions were brought out of a total of 14 inspections. Dr Ferry said: “We have been trying to get the licensee to work with us and we have got no communication back. It is very difficult when they don’t engage”
Mr Francie Harvey, an engineer, gave evidence of an inspection he carried out. He said there was a grid, with slats on, for taking excess overflow.
A digital survey of the road surface, he said, found that the road goes downhill and there is a cross-camber leaning to the right, towards Letterkenny Concrete yard.
Questioned by Mr Kevin McElhinney, solicitor for Donegal County Council, Mr Harvey said the material could escape into the waterway when washed across the road.
Mr Morrow said that tanks were installed and, following resurfacing and re-gradation of the road, tests failed, which have led to the prosecution.
“The company has taken remedial measures and indeed it is Mr Harvey’s expert opinion that the problem is of Donegal County Council’s own making,” Mr Morrow said. “The burden we need to meet is one beyond reasonable double and I say that we have raised a reasonable doubt.
“It is said that we should dig out or empty out, but we are the victims of Donegal County Council and if we need to clean up their mess every day or every month, it puts us at great expense and it is not a problem that we created. This is theirs and theirs alone to fix.”
Mr McElhinney said the offences before the court were causing or permitting trade effluent or sewage effluent to any waters except under and in accordance with a licence issued by the appropriate regulatory authority.
Mr McElhinney said he has been ‘at pains’ to say that if rainwater was a contributing factor then the tanks should be emptied and the sediment removed.
“I don’t accept that the gradient of the road is enough for a defence,” he said. “This is flowing across the road and into water that supplies the Swilly. The pH levels are outside of the parameters and the suspended solids too.”
Judge Cunningham said she would consider the matter and adjourned it until July 4.