by Linda McGrory
DONEGAL County Council has been fined €1 after
pleading guilty to causing pollution in one of
Europe’s top salmon rivers.
The local authority appeared at Buncrana District
Court charged with causing pollution at the River
Finn in Stranorlar in April last year. In a separate
case, the council was also fined €1 for causing
pollution at the Muff River.
The cases were brought by the Foyle and Carlingford
Irish Lights Commission which visited the River Finn
on April 1, 2009. Fisheries officer Ian Olphert told
the court on Tuesday he discovered a grey-coloured
substance in the river, in the vicinity of the
Ballybofey-Stranorlar sewage treatment works.
Mr Olphert said he saw a cloudy coating on the water
and a sewage-related fungus growing on the river
bed. He took six samples of the river water. A
sample taken from the point of the sewage discharge
showed a reading consistent with a “noxious and
poisonous” substance that was damaging to fish life,
the court heard.
Mr Olphert spoke to a council official at the site,
Shane Sweeney, who immediately agreed to halt the
discharge.
Defence solicitor Paddy McMullin told Judge Seamus
Hughes the contamination was not caused by Donegal
County Council. He alleged it was caused by a large
industrial user in the area who was licensed to put
effluent of a certain type into the treatment works.
He said effluent from this industrial plant had, in
the past, caused the Ballybofey-Stranorlar sewage
treatment plant to “crash completely”.
Mr McMullin said the council was currently in the
process of prosecuting this third party, which was
unidentified this week in court. Mr McMullin said
the council had no option but to tender a plea as it
was a strict liability offence. He said the local
authority relied on other users to comply with the
terms of their licences.
Judge Hughes said he accepted that Donegal County
Council was not at fault in the case. He added:
“Some third party turned the tap when they shouldn’t
have.”
The judge said Donegal County Council was doing its
best while working within a restricted budget in
tougher economic times. He also acknowledged the
guilty plea and fined the local authority €1. At the
request of prosecuting solicitor, Jacqueline
Maloney, he awarded costs against the council of
€1,777. Meanwhile, Donegal Council was also fined €1
and ordered to pay costs of €1,734 after pleading
guilty to causing pollution at the Muff River on
July 17, 2009. Mr McMullin admitted the problem was
caused when both a pump and a back-up pump carrying
untreated waste to a plant across the border in
Derry, suffered mechanical failure.
Judge Hughes said he was satisfied the local
authority did everything in its power to rectify the
problem and would presently install a mobile text
alarm service to immediately notify maintenance
workers to any future breakdowns. |
