COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF ENVIRONMENT SPC

Tuesday, May 01, 2012

HEADED ITEM NO. 7

HEADED ITEM: G. Lee

  Illegal dumping in the Dublin Mountains/Upland areas.

(1)       An inventory of the location, capacity by material type and duration of current licensed dumps and landfill sites including authorised land reclamation.

 There are no licensed landfills in South Dublin County. All refuse for the county used to be disposed of at Arthurstown Landfill, Kill, Co. Kildare which is licensed by the Environmental Protection Agency (EPA). The planning permission in Arthurstown Landfill expired in December 2010. The facility was closed in 20ll.

Friarstown tiphead.

Waste deposition on this site started in 1974, prior to current landfill licensing regulations. The landfill was closed and capped in 1997 and South Dublin County Council has responsibility for the aftercare of the landfill. The total area of the landfill was 60 hectares but only forty hectares of this were filled, with a total of 1.8 million cubic metres of waste placed over its life.

A landfill aftercare programme which involved environmental monitoring was developed and implemented in 1997 in line with the recommendations contained in the report of the consultants, K.T.Cullen and Co. Ltd at the time of closure. The report detailed a programme that addressed the monitoring of groundwater quality up gradient and down gradient of the facility, surface water, and gas emissions. The Environmental Protection Agency approved this report. Gas and leachate monitoring is ongoing and surface and groundwater is tested once per year.

In line with the Waste Management ( Certification of unlicenced Waste Disposal and Recovery Activity) Regulation 2008, SDCC has to apply for a Certificate of Registration from EPA  for Friarstown Landfill.

Authorised land reclamation sites

 There were seven land reclamation sites located above the 110 meter contour in South Dublin County that  were previously permitted under the Waste Management (Permit) Regulations 1998.All the permits for these land reclamation activities expired and the sites have been closed. However there are some compliance issues with two of them. These are:

 WPR039 Permit for land reclamation at Deerpark, Mount Pelier, Old Court, Dublin 24.

The Permit expired in  30 April 2010.

The non compliance issue with this site is that waste was deposited outside the permitted area. The Environment and Planning Departments are following this up.

 WPR044/2 Permit for land reclamation at Kilakee Road, Rathfarnham, Dublin 24.

The Permit was to expire on 19 February 2009 but the site was closed in 2008. SDCC engaged White Young Green to carry out site investigation on this site and a report was sent to EPA. SDCC is awaiting response.  More details on Kilakee is found below under item 2.

 

(2)               A review of the number and nature of complaints and reports received by SDCC relating to illegal dumping in the Dublin Mountains in the last 3 years.

 In 2009 12 incidents of illegal dumping in the Dublin Mountains were reported to SDCC via the EPA Waste Incident Report. In 2010, 73 complaints were received and 14 of these were specifically related to Dublin Mountains. In 2011, 88 complaints came in through the EPA Waste incident report and 15 related to dumping in the Dublin Mountain. In 2012, so far 29 complaints have come in through EPA Waste incident report and 4 were specifically related to dumping in Dublin Mountain. All complaints are fully investigated by the enforcement section of South Dublin County Council and appropriate action is taken, where necessary.

 The nature of these complaints varies from fly tipping of household materials to soil importation to raise lands for agricultural purposes or making roads through the forest without planning permission or waste permit. 

 In addition to the above, there are a number of sites under investigations on foot of Section 63 notice served on SDCC by EPA .These sites are located at Kilakee; Ballycullen Equestrian Centre and Cruagh as outlined below.

Sites at Kilakee:

Fill was imported onto land at Killakee in 2002 to construct access roads/fire breaks without a waste management permit. It is estimated that approximately 82,900 tonnes of material was imported. A number of investigations have been carried out at the site since 2003, the latest of which was in April 2007 when SDCC contracted White Young Green Environmental (Ireland) –(WYG)-  to carry out a water and soil quality investigation; proceedings at the site were observed by the EPA. The results indicated that there was one localized area of soil contamination on land owned by Coillte which was excavated and disposed of appropriately in February 2008. The remainder of the imported material was deemed by WYG not to be a threat to human health and/or environmental receptors and therefore may remain in situ. The report was sent to the EPA.  SDCC contracted WYG again in 2008 to carry out additional soil sampling in the area where contaminated soil was removed in order to confirm remediation is complete and to carry out quarterly surface water and groundwater monitoring for a period of one year to confirm the assessment findings. In 2008 SDCC was advised by EPA to ask WYG to review the environmental assessment to be in line with EPA code of practice for environmental assessment. SDCC engaged the services of White Young Green to review the environmental assessment of the site and bring it in line with the requirements of the EPA Code of Practice for Environmental Risk Assessment of Unregulated Waste Disposal Sites.  This exercise was carried out and the revised report was submitted to the EPA.   No further information has been received from EPA

Site at Ballycullen

In 2007 the EPA  issued a notice on SDCC under Section 63(1) of the EPA Acts 1992 to 2003 to carry out a risk assessment of the site in accordance with the EPA’s ‘Code of Practice for Unregulated Waste Disposal Sites’ and to monitor groundwater in the area. White Young Green Consultants (WYG) was engaged by South Dublin County Council to complete the investigation at the Equestrian Centre. The investigations, which began in April 2009, comprised of the excavation of twelve trial pits; soil sampling; surface water sampling from an on-site stream and groundwater sampling from the domestic supply well at the residence and a local spring well located on farm land owned by the Augustinians (at Orlaith College). The finding of the investigation was that the amount of waste being imported to site was between 12,000 to 13,500 tonnes.  The volume of non-inert waste was calculated as being approximately between 396 and 429 tonnes. Results of some water sampling in the vicinity of the site showed some contamination. A concentration of fluoride was recorded in the water sample (1.8mg/l), which exceeds the Environmental Protection Agency (EPA) Interim Guideline Values in relation to drinking water standards.

SDCC sent the finding of the report on risk assessment of the site to EPA and the landowner.

South Dublin County Council has written to the landowner in correspondence dated the 12th of August 2010 detailing the recommendations of the report and requesting a response within 30 days of receipt. A response to this letter has not yet been received. The landowner shall be directed to excavate the area where hydrocarbon contamination was recorded at TP-102 and to re-sample the area where elevated levels of phenols recorded in TP-103 within a specified timeframe. If elevated phenols are found at TP-103 in the second sample, instructions to excavate the area surrounding this will also be issued. The landowner will be further directed to submit proposals as to how he intends to remove all non-inert material present in the fill material.

In relation to the inert fill material which was found at the site, the landowner will be directed to apply to the Environmental Services section of South Dublin County Council for a Certificate of Registration for the purpose of retrospectively permitting the site in accordance with the Waste Management (Facility Permit and Registration) Regulations 2007 and as amended. Evidence from an appropriately qualified person (e.g. agricultural scientist or engineer) detailing how the waste was used, its suitability for purpose and how it has lead to the improvement of the land or contribute to the development of the land will be requested to be included as part of the application.

SDCC has also provided a report to EPA about what they intend to do with the site. SDCC is awaiting response from EPA.

Sites at Cruagh, Dublin Mountains-PAE 2006/473

Notices were served by the EPA on South Dublin County Council under Section 63 of the Environmental Protection Agency Acts on 11 October ’07 and again on 28 August ’08. These notices were served on foot of complaints received regarding two sites in Cruagh. The first site, Site A, was where soil and stones had been imported without planning permission and waste permit.  The second site, Site B, was where waste has been imported under Waste Permit WPR 040 in a manner that breached the conditions of the permit. The Council responded to these notices on 16 November ’07 and 29 October ’08 respectively saying that they investigations of both sites would be undertaken.

SDCC engaged the services of White Young Green (Environmental Consultants) to carry out site investigation in line with EPA Code of Practice for environmental Risk Assessment of unregulated sites.

Result of Site Investigations at Site A and Site B

 During the course of the site investigation at Site A, sixteen trial pits were excavated, soil samples were taken and sent for analysis and surface water samples were taken upstream and downstream of the site from the Owendoher river. The investigation was completed in December 2008. The result of the site investigation indicated that “made ground or fill material was encountered in all trial pits…”. An analysis of landfill acceptance criteria indicates that the imported fill material is inert. The amount of fill imported is estimated at 1,800 cubic metres. The report concludes that “the deposited fill material is not posing any significant risk to the local environment”. The recommendations in the report state that there is no need for any specific or special remediation works at the site. The report recommended however that further monitoring of water quality in the Owendoher river take place.

 At site B, White Young Green Consultants (WYG) was engaged by South Dublin County Council in October 2008 to excavate 12 trial pits along the length of the constructed roadway. Soil samples from all trial pits were sent for analysis and also screened for asbestos. The site investigation report was completed in December 2008 and concluded that “the material encountered was comprised predominantly of clean clay and stones….the non soil material predominantly consisted of inert concrete brick and occasional ceramics. Traces of non inert material comprising of electrical wire, timber and plastic were encountered in 50% of the trial pits, however the quantities encountered were considered to be negligible as significantly less than 1% of the volume of these trial pits was comprised of non inert material. As non-inert material was not encountered in all trial pits excavated the non inert component of the fill material across the overall site is likely to be less than that observed in the six trial pits”. The report also stated that “minute quantities of asbestos were encountered at a discrete location of the site and buried at depth… WYG believe there is no risk to human health and recommend that the material remain undisturbed as it is currently stable and contained”

The site investigations were carried out and reports were given to EPA and the landowner. Council issued proceedings against the site owners pursuant to section 160 of Planning and Development Act 2000 in August 2011. Pursuant to the agreement made on the 23rd of June 2011 the owners agreed to remove all the infill waste material deposited at Sites A and B . This has been done to the satisfaction of SDCC.

All the above complaints with regards to sites A and B in Cruagh have now been resolved. In a letter of 14th Feb 2012 from SDCC to EPA  Inspector dealing with these complaints, SDCC stated that the remediation works on both sides A&B have been completed by the landowner  to the satisfaction of the Council. The proceedings against the landowner under section 160 of the planning and Development Act have now been struck out. In his reply of 23/03/12 to SDCC letter of 14/03/12, the EPA Inspector dealing with these complaints stated that “having considered the contents of the reports by SDCC on this matter. the EPA will not be pursing the matter further at this time and considers its file on the matter as closed.”

Additional sites at Cruagh:

In January 2007 the Waste Enforcement Section of South Dublin County Council was informed by the Environmental Protection Agency (EPA) via email of an allegation of illegal dumping at sites in the Cruagh townland of South Dublin County Council. These sites have been identified as Site C, D and E in Cruagh. South Dublin County Council engaged White Young Green Environmental (Ireland) Ltd. (WYG) to carry out an environmental risk assessment in line with the Agency’s ‘Code of Practice, Environmental Risk Assessment for Unregulated Waste Disposal Sites’ with regard to the sites C, D and, E.  The reports of these investigations were submitted to EPA in July 2009

 Result of the Site investigations at site C

The investigation in April 2009 comprised of excavating 11 trial pits, soil sampling, surface water sampling of the Owendoher river and a well survey of the area. Fill material was encountered in all pits, the majority of which consisted of inert soil and stones. Five pits contained non-inert material. The non-inert material consisted of small quantities (<1%) of construction and demolition wastes such as brick, tarmac/bitumen, plastic piping, concrete, natural wood, ceramic fragments, metal items. A minor quantity of waste tyres were found in pits C-108 and C-111. The area that contained non-inert waste was confined to pit numbers C-107 – C-111. No domestic, municipal or hazardous waste was encountered. The total amount of fill imported is estimated at 29,563 cubic metres. The portion of fill that is non-inert is estimated at 17,472 cubic metres. WYG has recommended that one pit on the site (C-111) should be excavated and sent for disposal as elevated levels of the sum of 17 PAHs and total organic carbon were found.

The Council advised the owner of site C with regard to content of section 63 Advice and Recommendations stated below and subsequently met with him to pursue the matter :

Council was advised by the Law Department that summary prosecution against the landowner is time barred by virtue of the provisions of section 11 of the 1996 Act. To date no further work has been carried out on this site.

Result of the site investigation at Site D

Two areas, Area1 and Area 2 were the subject of intrusive site investigation. Works carried out consisted of the excavation of 7 trial pits; soil sampling; upstream and downstream sampling of the Owendoher River and a well survey of the area. No waste was encountered in any of the trial pits at Area 1 – the material here appeared to be native material which had been relocated as part of re-grading cut and fill works.  Three out of the four trial pits excavated from Area 2 contained minor amounts of non-inert material (visually estimated as <0.1%). The total volume of material in this area is estimated at 15.6 tonnes (10.4 cubic metres). The landowner stated that the material was not imported and arose as a result of redevelopments at the dwelling on site. The report concluded that “the materials are of such a volume…that there is little or no potential to impact on local groundwater quality, surface water quality or cause gas emissions”. To protect grazing animals in the area with regard to windblown particles and the slightly elevated arsenic levels found in the material, it was recommended that the area should be capped with a thin layer of clay and soils (approximately 150 mm thick). An inspection of the banks of the Owendoher (outside of the area pinpointed by the EPA as site D) revealed some fill material along the eastern bank containing small volumes of non-inert waste.  Significant amounts of waste was fly tipped along the bank and some waste was noted in the river itself in this area.

Based on the findings from the WYG investigations Site D is not considered an unregulated waste disposal site.

The Council advised the owner of site D with regard to content of section 63 Advice and Recommendations stated below and has requested these recommendations be implemented:

One further set of surface water monitoring of the Owendoher river should be completed to confirm the initial set of results The landowner at Area 2 of Site D will be advised regarding the consultants recommendations to cover the material with soil and clays.

Result of site investigation at site E

The investigation in April ’09 comprised of excavating 7 trial pits, soil sampling, surface water sampling of the Owendoher river and a well survey of the area. Fill material was encountered in all pits excavated with the exception of one trial pit (numbered E-107).The majority of fill consisted of construction and demolition wastes with quantities of non- inert waste in a sandy gravely clay matrix. A waste classification exercise was completed on material excavated from trial pit TP104. The percentage by waste type was found to be 90.26% soils, stones, rock; 6.25% tarmac, brick and block and 3.49% non-inert contaminants. No municipal or hazardous wastes were encountered. The total amount of fill imported is estimated at 31,400 cubic metres with 1,095 cubic metres (3.49%) of that fill found to be non-inert contaminant material. The investigation generally found low levels of contamination arising from wastes deposited at the site within the deposited fill material. One trial pit (E-103) was highlighted as a ‘hotspot’ and found to contain elevated cadmium, total petroleum hydrocarbon, potassium, sulphate, total organic carbon, antimony and molybdenum. Native clays underneath the waste body have not been adversely affected to date. Further, sampling of the stream which runs adjacent to the site and feeds the Owendoher River show that there has been no impact to the stream, however it is considered that there is a (relatively low) potential for future impact. In order to mitigate the potential risk of future contamination WYG has recommended that the material from E-103 and the area surrounding it and beneath it should be excavated and removed off-site for disposal at an appropriately licensed facility.

 It was also noted at the site that there were small amounts of waste contaminants and particles protruding and lying on the surface of certain parts of the site, particularly along the lower western side of the site. WYG recommends that this area is covered with a layer of clean inert clay and soils to remove the potential for any direct contact or inhalation / ingestion of waste materials or waste particles.

 The Council advised the owner of site E with regard to content of section 63 Advice and Recommendations stated below and subsequently met with him to pursue the matter :

Council was advised by the Law Department that summary prosecution against the landowner is time barred by virtue of the provisions of section 11 of the 1996 Act. To date no further work has been carried out on this site.

 Additional Sites in the Cruagh Area – Sites F - M:

More complaints were received with regards to illegal dumping around Cruagh area. A meeting was held between the complaint and SDCC on 1/10/2008. SDCC gave the complainant a map so that he could map the areas where dumping has taken place.

 Officers authorized under the Waste Management Act 1996 as amended have completed inspections of all sites, which have been named as sites F – M, in order to ascertain if unauthorized waste activity has occurred. The Council is currently finalizing a report to the EPA regarding these sites.

 (3)               The number, duration and nature of outstanding enforcement and compliance orders relating to dumping and suspected illegal landfills.

 Currently there is no enforcement/compliance orders relating to dumping and suspected illegal landfills throughout the County.  

 (4)       Impact of dumping on rivers, streams and roads

Rivers, Streams

With regard to authorized / permitted sites, each application for land reclamation is assessed for site suitability. If a site is in proximity to a feeder stream to a reservoir, for example, the application will be turned down. Depending on the site, conditions are attached with the permit to sample any neighboring watercourses before, during and after reclamation activity. Furthermore sampling at selected locations (rivers & streams) is undertaken on a regular basis by the Water Pollution Control Section for Dangerous Substances, Phosphorous and under the Water Framework Directive results to date have been satisfactory

 Roads.

The impact of transporting large quantities of material can have a negative effect on roads in particular minor roads. However all activities are now governed by Planning and/or Permitting, a report is sought from the Roads Department stipulating their requirements which are included as a condition(s) in the issue of a Permit or the grant of Planning Permission

 (5)       Other relevant information

 Section 22 sites (historical unregulated waste disposal sites).     

 It is a statutory responsibility of South Dublin County Council to register, risk assess and take action according to Ministerial Policy Direction WIR 04/2005 and WPR04/08 to ask for removal and remediation action on any illegal landfill polluting the environment. According to the survey report carried out by the Environment Section, Dublin City Council in 1988, there are 43 landfills sites in the administrative area of SDCC. The location maps of these sites have been prepared. Out of 43 sites, 7 were operated by SDCC. These are: Whitehall Road West (St. Peter’s Crescent), Greenhill’s Road landfill, Robinhood Industrial site dump, Waterstown Landfill, Bohernabreena Landfill, Friarstown Landfill and Kilmanagh Landfill.

 SDCC registered all the seven historic unlicensed landfills that were operated by SDCC in line with Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulation 2008 (SI.No 524 of 2008).  Of the seven sites, 2 are within the scope of this regulation. These are Friarstown and Waterstown landfills.

 In September 2009, DOEHLG provided grant assistance for a pilot project to provide training and support in application of the Code of Practice for Environmental Risk Assessment for unregulated Waste Disposal sites. SDCC participated in this pilot project by carrying out Tier1 and Tier 2 site investigation at Whitehall Road West landfill.

 To date SDDC is continuing with identification of illegal landfill sites. The strategy is to carryout walkover surveys in all the sites and risk assess them through a Landfill WebGIS registration tool designed by EPA.  During the process of walkover surveys we gather as much data as possible through interview with local residents. We also gather information on the physical state of the landfill and check for any sign of pollution.

 Progress to date

To date 28 illegal landfill sites have been registered. This involves walkover survey, Risk assessment and ranking using the WebGIS tool and drawing the location of the site using the same tool. What is remaining to date are 15 sites.