BREE CALLS FOR ACTION ON ASHPHALT PLANT

Calling on the County Manager and Council officials to take legal action to shut down an unauthorised Ashphalt Plant at Aughamore, Cllr Declan Bree, told this weeks meeting of Sligo County Council, “Earlier this year this County Council was left with no option but to bring legal proceedings against Lagan Ashphalt Ltd which was operating an unauthorised Asphalt Plant at Aughamore. When the Council sent warning letters to the company indicating that the plant did not have planning permission and that it was unauthorised, the company arrogantly said it was authorised. It was only when the Council brought the matter before a Judge in the District Court that the company admitted that it did not have planning permission. The Judge said that the plant was set up in a “cavalier attitude” and the company was found guilty and fined by the Court.

“The Court was then told by the company that the Ashphalt Plant would not be used until such time as it got planning permission.

“The Court was also told that a proposal had been made to bring a mobile asphalt plant on to the site.

“We are now aware that within a short period a mobile plant was brought on to the site by Irish Asphalt Ltd.

“We are also aware that the mobile asphalt plant has been operating illegally without an Air Pollution Licence since it began operating. On the 9^th of March this Council wrote to Irish Asphalt Ltd advising them that it is an offence under Section 30 (1) of the Air Pollution Act 1987, to operate a plant without a licence. However apart from that letter the Council took no action what-so-ever to shut down the illegal plant.

“Local residents from the Aughamore area are outraged and totally frustrated at the ongoing failure of Council officials to take action against the illegal plant and to implement the law of the land.

“Again the local community has witnessed a powerful company act in a cavalier fashion without any regard for the health of local people or for the law of the land.

“They have pointed out that as the plant is unlicensed there is no monitoring of emissions and no sampling of emissions by the Council or any independent authority.

“Licensing systems for such plants were specifically introduced because of the significant risks associated with their operation and to ensure that air quality standards and regulations and EU Directives are adhered to.

“Licences deal with such matters as emissions to the atmosphere, monitoring of emissions, recording and reporting of sampling, analysis and measurements carried out, the matter of site inspections by the Licensing Authority and the issue of notifying the Licensing Authority of any malfunction or breakdown of control equipment which would identify emissions liable to cause pollution and contamination in an area.

“Asphalt plants mix gravel and sand with crude oil derivatives to make the asphalt used to construct roads. These plants can release significant level of chemicals to the air during production, including toxic air pollutants such as arsenic, benzene, formaldehyde, and cadmium. Other toxic chemicals are released into the air as the asphalt is loaded into trucks and transported from the plant site, including volatile organic compounds, polycyclic aromatic hydrocarbons (PAHs), and very fine condensed particulates. This is the reason why strict licensing, monitoring and controls are necessary.

“In this context and given the significant risks associated with such plants, it is unacceptable that the County Council has not acted over the past eight months to shut down the unlicensed plant.

“There is every likelihood that the atmosphere in and around Aughamore is being poisoned on a daily basis by emissions from this illegal plant.

“The U. S. Federal Environmental Protection Agency states "Asphalt processing and asphalt roofing manufacturing facilities are major sources of hazardous air pollutants such as formaldehyde, hexane, phenol, polycyclic organic matter, and toluene. Exposure to these air toxics may cause cancer, central nervous system problems, liver damage, respiratory problems and skin irritation."

“The residents of Aughamore want to know, and I want to know, why have officials of this Council refused month after month, since March, to take action to have the illegal mobile asphalt plant shut down?

“Residents are also anxious to know if this Council has been purchasing and using material which has been manufactured in the illegal plant? Residents are anxious to know if officials from this Council have some type of cosy arrangement with this company?

“In any other jurisdiction the Licensing Authority would have applied to the Courts for an injunction to shut down the illegal plant. This plant has been operating illegally for over eight months, poisoning the atmosphere in Aughamore adjacent to Lough Gill, and this Council has still not sought an injunction to shut it down.

“Is there one law for powerful and influential companies like Irish Asphalt and another for everyone else? Is it some type of Banana Republic we are living in where major companies can ride roughshod over the rights of ordinary people and local communities? “ Cllr Bree asked.