EPA accused of breaching EU directive

Ireland's Environmental Protection Agency has been accused by the European Commission of allowing widespread breaches of the EU Ground Water Directive.

The accusation, which relates among others to the licensing of a municipal dump in Co Wicklow, was made as part of the commission's case against Ireland for breaches of the Ground Water Directive, currently before the European Court of Justice.

The action, which was brought before the court on June 14th last, alleges certain "dangerous substances" at Ballymurtagh landfill were allowed to pollute ground water. Ballymurtagh was a municipal landfill operated from the 1980s by Wicklow County Council.

In relation to Ballymurtagh, the commission argued that Ireland had permitted the landfill to operate without a formal authorisation being granted as required. "In addition, the waste licence covering the landfill site granted by Ireland's Environmental Protection Agency only in 2001 infringes articles 4,5,7, and 10 of the directive."

The case against Ireland also claims the State did not take all measures necessary to comply with the Ground Water Directive on pollution caused by septic tanks.

According to the prosecutors of the case: "The commission has uncovered evidence stating that Ireland failed to comply with the directive in relation to indirect discharges into ground water from septic tanks. In this regard, the commission has investigated circumstances relating to a hotel premises at Creacon Lodge, Co Wexford." The prosecution also referred to "Ireland's long-standing interpretation" of EU regulations which it said resulted in "wider breaches of the same directive throughout the Irish countryside".

Also used in the case against Ireland are reports on eutrophication of the lakes of Killarney, Co Kerry, Irish official water pollution reports and breaches of a directive on the quality of water for human consumption. All of which the prosecution said "demonstrated Ireland's failure to comply".

The commission prosecutors told the court that: "On the basis of the complaints submitted to it, the commission has become aware of widespread breaches of the Ground Water Directive in Ireland."

The case against Ireland is separate to that being taken against the State for breaches of the EU Nitrate Directive which involves pollution of lakes through the use of fertilisers.

A management plan under the nitrates directive was submitted to Brussels by Minister for the Environment Dick Roche in July. It is expected to be formally accepted by the commission in the coming weeks.

The package includes proposals for a grant-aid package for farmers, expected to cost the Exchequer tens of millions of euro over the coming years to enable farmers to upgrade facilities to meet new regulations.

The Nitrate Directive aims to protect the quality of ground and surface water by limiting pollution from animal slurry.