Hearing Date: October 21, 2021
On 21st of October 2021 at Roscommon Circuit Court the Director of Public Prosecutions, following an investigation by the Environmental Protection Agency, prosecuted Arran Chemical Company Ltd, Monksland, Athlone, Co Roscommon for failure to comply with conditions attached to licence No. P0110-02, contrary to section 86(6) of the Environmental Protection Agency Act, 1992, as amended.
Arran Chemical Company Limited pleaded guilty to the following 6 offences:
COUNT NO. 1
Arran Chemical Company Limited did, on a date unknown between the 1st August 2018 and 31st August 2018, both dates inclusive, at Monksland in the County of Roscommon, failed to comply with Condition 11.1(iv) of a revised licence, register number P0110-02, as amended, granted by the Environmental Protection Agency under Part IV of the Environmental Protection Agency Act, 1992, by failing to notify the Environmental Protection Agency by both telephone and facsimile of an incident with the potential for environmental contamination of groundwater, namely damage to the side wall of the Unit 2 Sump, as soon as practicable after the occurrence of the incident.
COUNT NO. 2
Arran Chemical Company Limited did, on the 22nd August 2018, at Monksland in the County of Roscommon, failed to comply with Condition 5.1 of a revised licence, register number P0110-02, as amended, granted by the Environmental Protection Agency under Part IV of the Environmental Protection Agency Act, 1992, in that there were specified emissions at emissions point reference number Vent A1 which did exceed the emission limit values set out in Schedule B of the licence.
COUNT NO. 3
Arran Chemical Company Limited did, on the 28th August 2018, at Monksland in the County of Roscommon, failed to comply with Condition 5.1 of a revised licence, register number P0110-02, as amended, granted by the Environmental Protection Agency under Part IV of the Environmental Protection Agency Act, 1992, in that there were emissions of environmental significance to groundwater.
COUNT NO. 8
Arran Chemical Company Limited did, on the 5th December 2018, at Monksland in the County of Roscommon, failed to comply with Condition 5.1 of a revised licence, register number P0110-02, as amended, granted by the Environmental Protection Agency under Part IV of the Environmental Protection Agency Act, 1992, in that there were emissions of environmental significance to groundwater.
COUNT NO. 9
Arran Chemical Company Limited did, between the 21st January 2019 and 14th February 2019, both dates inclusive, at Monksland in the County of Roscommon, failed to comply with Condition 6.3 of a revised licence, register number P0110-02, as amended, granted by the Environmental Protection Agency under Part IV of the Environmental Protection Agency Act, 1992, in that alternative sampling and monitoring facilities were not put in place in the event of the malfunction of the continuous monitor.
COUNT NO. 12
Arran Chemical Company Limited did,on the 14th June 2019, at Monksland in the County of Roscommon, failed to comply with Condition 11.7(iv) of a revised licence, register number P0110-02, as amended, granted by the Environmental Protection Agency under Part IV of the Environmental Protection Agency Act, 1992, in that records of all sampling, analyses, measurements, examinations, calibrations and maintenance carried out in accordance with the requirements of the licence and all other such monitoring which relate to the environmental performance of the installation, were not kept on site and made available to the Environmental Protection Agency for inspection.
Judge Francis Comerford convicted Arran Chemicals on the above charges imposing a total fine of €34,000. The investigation costs were also awarded to the EPA.