The Ballybofey-based Glenmore Generation Limited has been accused of multiple breaches of environmental regulations.
The company, which operates at the Glenmore Estate, has been issued with a court summons in respect of alleged breaches that include excessive emissions to air and odour emissions.
A case has been taken against the company by the Environmental Protection Agency (EPA) and was before a recent sitting of Letterkenny District Court.
The company was not represented when the case was called before Judge Éiteáin Cunningham.
Solicitor Mr Jonathan Moore of Fieldfisher Ireland LLP appeared by video link on behalf of the EPA.
Mr Moore told the court that an ex parte application had been previously granted to serve the summons outside of this jurisdiction.
While Glenmore Generation Limited – which operates an anaerobic digestion facility which processes organic waste to produce biogas – has its place of business at Glenmore Estate, Ballybofey, its registered office is at Mill Avenue, Sion Mills, Co Tyrone.
A declaration of service is on file, Mr Moore said.
Mr Moore told the court that there has been no response from the accused company and the EPA had written to both Ballybofey and Sion Mills addresses on March 7 and March 25.
Mr Moore said he spoke with a director or a manager of the company on March 20 and he was “not aware of the summons”.
Glenmore Generation Limited is facing six charges under the Environmental Protection Agency Act 1992 (as amended).
It is accused that, on dates in or around February 1, 2024 and August 8, 2024, it failed to comply with the provisions of condition 5.1 of the Industrial Emissions Licence (as amended) granted by the Environmental Protection Agency on December 15, 2015 in that emissions to air at the licensed site exceeded the emission limit value (ELV) of 1,000 odour units per cubic metre, as set out in schedule B.1 of the said licence.
These offences are contrary to Section 86 (6) of the Environmental Protection Agency Act 1992 (as amended).
Four further charges accuse the company of failing to properly ensure that the activities at the licensed site were carried out in such a manner that emissions of odours from the activities carried out at the licensed site did not result in an impairment of, or an interference with the amenities of the environment beyond the installation boundary or any other legitimate uses of the environment beyond the installation boundary of the said licensed site.
These offences are also contrary to Section 86 (6) of the Environmental Protection Agency Act 1992 (as amended).
Judge Cunningham adjourned the case until June.