Reaction: Opponents of the proposed €133 million incinerator development at Ringaskiddy in Cork Harbour have confirmed that they are considering legal action to prevent the facility going ahead after the Environmental Protection Agency yesterday granted a licence for the operation.
Cork Harbour Alliance for a Safe Environment (Chase) expressed anger at the decision to grant waste licences to Indaver Ireland for both a €93 million hazardous waste incinerator and a €30 million non-hazardous municipal waste incinerator at Ringaskiddy.
Chase chairwoman Mary O'Leary said the organisation would now consider seeking leave in the High Court to take a judicial review of the EPA's decision to grant waste licences for both incinerators.
"That's something we are going to consider, the legal route is the only option open to us to prevent this development going ahead," Ms O'Leary said. The group had until January 18th to decide on seeking a judicial review.
Eleven named individuals and Ringaskiddy and District Residents Association obtained leave in the High Court earlier this year to seek a judicial review of a decision by An Bord Pleanála to grant planning permission for the hazardous waste incinerator part of the development.
Ms O'Leary said the EPA's decision was never in any doubt as it had previously granted Indaver a draft waste licence in 2004 and the oral hearing last February effectively involved the EPA adjudicating on its own decision.
Chase said in a statement: "Chase has no confidence in the EPA's ability to make a reasoned fully informed decision about health especially when they did not avail of the opportunity to challenge or request any further medical information at the hearing.
"It is also of grave concern to Chase that the compelling medical evidence presented at the oral hearing by national and international medical experts in support of our case was ignored - this was the only medical evidence the EPA had to rely on in making its decision."
While the EPA insisted that it had taken on board the concerns of objectors and imposed a series of stringent conditions on the licence, Cork South Central TD Dan Boyle (Greens) said the conditions could have been written by Indaver and would not reassure people.
Indaver's proposal for the Ringaskiddy site is to build both a €93 million hazardous waste incinerator - for which it has already obtained planning permission from An Bord Pleanála - and a €30 million municipal waste incinerator for which it has still to seek planning permission.
The Ringaskiddy plant will cover about 12 hectares and will include a community recycling park as well as the two incinerators, each capable of dealing with 100,000 tonnes of waste each year, and a waste transfer station catering for a further 15,000 tonnes.
Indaver Ireland general manager John Ahern welcomed the decision to grant licences. He said the EPA inspector, Dr Jonathan Derham, who chaired the oral hearing last February, had ruled in favour of the company's application.
He said Dr Derham had noted that the objectors to the facility had not made a case that merited overturning the decision to issue a draft licence, while he also noted that concerns regarding flooding and erosion could be remedied by simple engineering fixes.
"We now have full planning permission, we now have operational licences," Mr Ahern said. "The objectors have sought leave from the High Court to seek a judicial review so we have to wait that outcome but we've got two of the three important steps so it's a good day."
He added that Indaver would have no problem complying with the conditions attached to the licence, including posting data on the internet and liaising with the local community in terms of development and operations.
