EPA prosecutes Western Brand Group Limited (P0831-01
Hearing Date: January 31, 2023
On 30th January 2023, the Environmental Protection Agency prosecuted Western Brand Group Limited (P0831-01) at Castlebar District Court,
The company pleaded guilty to 8 Charges:
- Failure to comply with condition 5.1, on the 22nd of January 2019, in that specified emission exceed the Emission Limit Value (ELV) for Ammonia set out in Schedule B of the said licence.
- Failure to comply with condition 5.1, on the 22nd of January 2019, in that specified emission exceed the Emission Limit Value (ELV) for Suspended Solids set out in Schedule B of the said licence.
- Failure to comply with condition 5.1, on the 23rd of January 2019, in that specified emission exceed the Emission Limit Value (ELV) for biochemical oxygen demand (BOD) set out in Schedule B of the said licence.
- Failure to comply with condition 5.1, on the 23rd of January 2019, in that specified emission exceed the Emission Limit Value (ELV) for flow (m3/day) set out in Schedule B of the said licence.
- Failure to comply with condition 5.1, on the 19th of February 2019, in that specified emission exceed the Emission Limit Value (ELV) for E-Coli set out in Schedule B of the said licence.
- Failure to comply with condition 8.2 on the 23rd of January 2019, in failure to ensure that waste sent off-site for recovery/disposal was transported off-site by an authorised waste contractor in a manner that was in accordance with the appropriate National and European legislation and protocols, namely that the waste was transported in a lorry tanker by personnel who did not hold a waste collection permit.
- Failure to comply with condition 8.2 on the 23rd of January 2019, in failure to ensure that waste sent off-site for recovery/disposal from the site of the activity to the site of recovery/disposal in a manner that was in accordance with the appropriate National and European legislation and protocols to a facility that was not the holder of a waste facility permit as required by Section 39 of the Waste Management Act 1996 (as amended).
- Failure to comply with Condition 11.8, on the 23rd of January 2019, for failing to keep a full record in respect of the transport of waste from the licensed site.
Judge Keane, having heard the evidence, convicted the company on the above charges and imposed fines of €8,000 (€1,000 per charge). Costs were also awarded.
Western Brand Group Limited appealed to the Circuit court against the costs awarded. That case was heard in Castlebar Circuit court on Thursday 29th February 2024 before Judge O’Callaghan.
Having heard arguments from both sides, Judge O'Callaghan reduced the total amount awarded for legal costs by €12,300, resulting in a net costs award of €57,800 from €70,100. In addition, he also reduced the fines originally imposed in this case by €500 each (€4,000 in total) and awarded Western Brand Group Limited its costs of the appeal application, measuring them at €2,500.
