Waste company Greenstar is considering appealing a decision by Loughrea District Court that found the company in breach of its EPA-granted licence. The decision, which was welcomed by residents of Kilconnel, New Inn and Cappataggle, imposed total fines of €3500 on the company for causing emissions injurious to the environment and nuisance odours.

However, a spokesperson for Greenstar said the decision had been made in the absence of any odour assessment standards, which was "resulting in anomalies in the definition of nuisance odour and hindering companies' ability to achieve full compliance."

The company has called on the EPA to rectify the situation by introducing standards or, at a minimum, following international best practice in odour assessment.

Greenstar also expressed regret that the EPA had initiated the legal proceedings against its Galway landfill facility as this facility has been consistently ranked one of the most compliant landfills in the country in EPA audits.

However, Tom Finn, spokesperson for the Kilconnel, New Inn and Cappataggle Anti-dump Group welcomed the court finding and said the decision proved that Greenstar should take immediate steps to close the landfill and "put local residents out of the misery inflicted on them and blighting their lives on a daily basis".

He also said the fines imposed were "derisory and in no way act as any measure of deterrent for a company who makes millions of profit in this dump at our expense".

Greenstar Recycling Holdings Ltd was found guilty of two breaches of the Waste Licence issued to the company by the EPA in July 2004 at Loughrea Circuit Court.

Judge Elizabeth McGrath fined the company €3,500, saying the court was satisfied beyond reasonable doubt that the emissions from the Kilconnell dump were injurious to the environment and the odours emanating from the facility were causing a nuisance to the residents in the area over a substantial period of time in breach of the terms of their Waste Licence.

Judge McGrath refused the request by the defendants to bestow the benefits of the probation act but following evidence from EPA solicitor and in light of the seriousness of the offences, imposed fines of €1,500 for breach of condition 6.1 and €2,000 for breach of Condition 7.1. The defendants were required to enter a bond of €500 to be lodged in the event of an appeal.

The decision follows the EPA's issuing of a summons against Greenstar Holdings in May 2008 for non-compliance with the conditions of the licence.

Local residents have fought a long campaign against the company and ten of these gave evidence. Some gave graphic details of "vile and overpowering" odour emissions coming from the dump several times a week. Others complained of being "prisoners in their own homes" as a result of the nuisance and being subjected to toxic smells so distressing that they had talked about moving home.

An expert witness from the EPA gave evidence of finding the dump was in his opinion in breach of its waste licence on nine occasions during week-long "sniff tests" he carried out last year.

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