Buncrana construction firm ordered to pay €2,500 for 'very serious' river pollution

A Buncrana-based construction company has been ordered to pay €2,500 to a local environmental charity after a significant discharge of sediment into the Crana River, an incident described in court as “very serious” and one that may have prevented hundreds of thousands of juvenile salmon from hatching.

Mast Construction Limited, with an address at Old Mountain, Desertegney, Buncrana, admitted the offence during a sitting of Buncrana District Court. The case, brought by Inland Fisheries Ireland (IFI), centred on an accidental release of sediment linked to construction works at an industrial site in the area.

Although no fish were found to have been killed as a direct result of the pollution, the court heard that the timing and scale of the incident likely had a devastating impact on salmon spawning in the river system.

Giving evidence for the prosecution, IFI Environmental Officer Sean Gallanagh outlined how the incident came to light on the evening of January 22, 2025.

At approximately 8.30pm, he received a report from a concerned member of the public who had noticed that a stretch of the Crana River had turned a murky brown colour, indicating the presence of sediment.

Mr Gallanagh contacted Assistant Inspector James Doherty, and the pair arranged to meet at a car park across from Cockhill Chapel. From there, they began tracing the source of the pollution. Mr Doherty was directed to walk upstream while Mr Gallanagh investigated further along the river.

At around 9.15pm, Asst Insp Doherty located a tributary in the townland of Straboe, which appeared to be the origin of the sediment entering the Crana River. The officers took water samples both above and below the confluence to assess the extent of the contamination.

Mr Gallanagh then proceeded to examine the tributary itself, collecting further samples before returning to his vehicle, which was parked near the entrance to the Frames Direct premises. It was there that he was approached by two men in a jeep.

The men identified themselves as Quentin Doherty, an employee of Frames Direct, and Michael Doherty, director of Mast Construction Limited and the contractor overseeing works at the site.

When questioned, both men acknowledged that they were aware of the incident and were cautioned by the IFI officer.

Mr Gallanagh told the court that Quentin Doherty explained that an accident had occurred earlier that day, at around 4.30pm, during construction works behind the Frames Direct building.

A rock-breaking machine had shattered a large boulder situated at the edge of a sediment retention pond, causing water laden with sediment to escape.

According to the evidence, the water flowed from the pond into a storm drain and subsequently into the nearby tributary, which feeds into the Crana River.

Attempts were made to contain the discharge, with additional mitigation measures put in place from around 5pm onwards, but these efforts proved insufficient to prevent the pollution.

Mr Gallanagh said he gathered photographic evidence at the scene and informed the men that, given the scale of the discharge, a prosecution was likely.

Laboratory analysis of the water samples revealed the extent of the contamination. The court heard that acceptable sediment levels in such waters are typically around 25 milligrammes per litre.

However, a sample taken just downstream from the source of the pollution recorded a level of 1,336 milligrammes per litre. By comparison, a sample taken upstream of the discharge point showed sediment levels of less than five milligrammes per litre.

Describing the results as “quite significant,” Mr Gallanagh said the sudden spike in sediment levels posed a serious threat to aquatic life, particularly at that time of year.

He explained that January is a critical period for salmon spawning. Salmon eggs are laid in riverbeds and require clean, well-oxygenated gravel to develop properly. High levels of sediment can coat the eggs, effectively suffocating them and preventing them from hatching.

While no dead fish were discovered either on the night of the incident or during subsequent follow-up inspections, Mr Gallanagh told the court that the impact on the river’s salmon population could still be severe. He estimated that hundreds of thousands of juvenile salmon may have been lost as a result.

Despite the seriousness of the environmental damage, the court also heard that the individuals involved had been very cooperative throughout the investigation. Mr Gallanagh said both men were open and honest about what had occurred and provided a clear account of the incident. They also committed to implementing additional safeguards to prevent a recurrence and protect the river system going forward.

Defence solicitor Ciaran MacLochlainn emphasised that the incident was entirely accidental, a point with which Mr Gallanagh agreed.

Mr MacLochlainn told the court that Mast Construction had been engaged in building a large extension at the Frames Direct facility and had installed two substantial sediment ponds as part of environmental protection measures.

These ponds had functioned effectively for approximately five months prior to the incident. However, a period of heavy rainfall in the days leading up to Storm Eowyn last year had caused water levels in the ponds to rise significantly, leaving them close to capacity.

When the rock-breaking machinery struck the boulder at the edge of one of the ponds, it triggered an overflow, allowing sediment-laden water to escape into the drainage system.

Mr MacLochlainn said his client had acted quickly to address the situation once it became apparent. Additional containment measures were rapidly installed, and the situation was brought under control before the arrival of Storm Eowyn, which struck the area just days later.

He stressed that there had been no deliberate wrongdoing and argued that the incident could not even be characterised as negligent, but rather as an unfortunate accident arising from unforeseen circumstances.

The defence also noted that Mast Construction Limited employs nine people and has no previous convictions. Mr MacLochlainn indicated that his client was willing to cover IFI’s legal costs, amounting to €1,016.

The defence solicitor further stated that his client could make a charitable donation to the Buncrana Anglers’ Association in lieu of a criminal conviction for a first offence.

Mr MacLochlainn explained how the Buncrana Anglers’ Association looks after the fish in the river and would be an appropriate beneficiary of any sum the court would set.

However, following a short conference with their solicitor Donna Ferry, IFI officials in court said the donation should be directed towards the Inishowen Rivers Trust instead.

In delivering her decision, Judge Grainne Malone acknowledged the cooperation shown by the company and the steps taken to remedy the situation and prevent a repeat occurrence. However, she highlighted the seriousness of the offence and the potential long-term consequences for the river’s ecosystem.

Describing the incident as “very serious,” the judge said it was particularly concerning to hear evidence about the likely impact on salmon spawning.

Judge Malone ordered Mast Construction Limited to pay €2,500 to the Inishowen Rivers Trust within six months. If the payment is made within that timeframe, the charge against the company will be struck out.