Company fined after EPA finds environmental breaches at Ballybofey site

A Ballybofey-based company has been fined after admitting breaches of environmental regulations following complaints about foul odours from a waste processing facility.

Glenmore Generation Limited, which operates at the Glenmore Estate on the banks of the River Finn, was prosecuted by the Environmental Protection Agency (EPA) at Letterkenny District Court.

The company faced six charges under the Environmental Protection Agency Act 1992 (as amended). Guilty pleas were entered to two offences on a full facts basis, with the remaining four charges dismissed.

The court heard that the EPA was alerted by local residents who said that a foul odour emanating from the site was so bad they were unable to invite friends and family to their home.

The company was convicted and fined €3,000 in respect of one charge by Judge Emile Daly while a €3,000 charitable donation is to be made to Dooish National School in lieu of a conviction on the other charge.

Costs of €30,993.50, including VAT, for the EPA’s legal and inspector costs were also approved by the court, having been agreed by counsel in advance.Glenmore Generation Limited was charged that, on dates in or around February 1, 2024 and August 8, 2024, it failed to comply with the provisions of condition 5.1 of the Industrial Emissions Licence (as amended) granted by the Environmental Protection Agency on December 15, 2015 in that emissions to air at the licensed site exceeded the emission limit value (ELV) of 1,000 odour units per cubic metre, as set out in schedule B.1 of the said licence.

These offences are contrary to Section 86 (6) of the Environmental Protection Agency Act 1992 (as amended).

Four further charges accused the company of failing to properly ensure that the activities at the licensed site were carried out in such a manner that emissions of odours from the activities carried out at the licensed site did not result in an impairment of, or an interference with the amenities of the environment beyond the installation boundary or any other legitimate uses of the environment beyond the installation boundary of the said licensed site. 

These offences are also contrary to Section 86 (6) of the Environmental Protection Agency Act 1992 (as amended).

Previously, an ex parte application was granted to serve a summons outside the jurisdiction. While Glenmore Generation Limited - which operates an anaerobic digestion facility which processes organic waste to produce biogas - has its place of business at Glenmore Estate, Ballybofey, its registered office is at Mill Avenue, Sion Mills, Co Tyrone.

The EPA was represented by barrister Mr Brian Gageby, instructed by Fieldfisher Ireland LLP, while Glenmore Generation Limited was represented by Mr David Browne SC

EPA Inspector Sean Burke told the court that there were concerns over the site, based at the Glenmore Estate near Ballybofey.

Mr Burke said the site was the subject of an industrial emissions licence, which was granted in 2015 and which includes a large volume of conditions.

He explained to Judge Daly that the limit concerning this licence was 1,000 European Odour Units per cubic metre and photos of the site were handed into the court.

Mr Burke said the site came to the attention of the EPA after a number of local residents made complaints in late 2023.

One witness, who lived at their location for 28 years, complained of a smell “like rotten vegetables”. The person said they were familiar with farming and with the smell of slurry, but this was a different type of smell.

A person said that the smell was so bad that they had to close the windows and doors in their house and had difficulty hanging out clothes.

Another person reported experiencing the “nauseousness” of the smell, which they described as being “sulphurous” or smelling like rotten eggs. 

They told the EPA that they were used to the country smell, but this odour was so bad they had difficulty inviting friends or family to their home.

Other witnesses who spoke to the EPA also bemoaned the strong smell, Mr Burke said.

On foot of these complaints, several site visits were conducted and Mr Burke said that on a couple of occasions inspectors found a “persistent moderate odour downwind from the installation boundary”.

Analysis by external companies, Socotech and Olfasense, found readings, including 1,591, 1,256 and 1,194 odour units, that were over the limit and Mr Burke told Judge Daly that “there has been non-compliance in the past”.

The court heard that, on foot of the site visits and assessments, corrective actions were to be taken, including the replacement of the dome at the top of the digester, the scheduling of periodic assessment of reports and further short-term and long-term corrective actions.

The EPA notified Glenmore regarding the temporary corrective measures and said that there should be a further proposal “irrespective of the replacement of the dual membrane gas accumulators”.

Mr Browne asked Judge Daly to apply the Probation Act, noting that this was his client’s first offence. 

He said the company is in a developing industry, is locally-based in Ballybofey and employs 30 people directly and many more indirectly.

Mr Browne added that Glenmore has produced a number of remedial corrective measures and has pleaded guilty to the offending.

The barrister said that his client was willing to make a charitable donation to a local primary school in the sum of €5,000.

After considering the matter, Judge Daly returned from chambers and said Glenmore Generation Limited would be convicted on one offence while a charitable donation could be accepted for the other.

“This is one of the most picturesque parts of the country and people are very lucky to be able to live along the River Finn,” Judge Daly said. “I have no doubt that the impact caused by the odour emission to people who live in the area must have been considerable.”

In lieu of a conviction for one offence, Judge Daly requested that a €3,000 charitable donation be made to Dooish National School by April 13.

Regarding the other matter for an offence on August 8, 2024, Judge Daly convicted Glenmore Generation Limited and fined the company €3,000, allowing two months to pay.