Don Mac Auley, The View, Wilkinstown Navan, Co. Meath. 0469054340

-. Re: Organic Gold, Wilkinstown, Navan, Co. Meath, waste licence application WMP 2005/47. Dear SirMadam,

I am writing to request that Meath County Council refbses the above application for a waste licence. I am providing details and enclosing documents showing clear evidence that Organic Gold have consistently been involved in unauthorised development and in materiel contravention of the current Waste Permit (WMP 2002/26) granted on 19/11/2002.

Organic Gold was granted planning permission in 1990 for the construction of a compost shed and packaging plant (P90/000045) but this permission only referred to the acceptance of cattle slurry on site (Document 1). Organic Gold in a recently circulated newsletter (May 2005) c o b e d that they are now receiving municipal sludges (document 2), “At our yard in Wilkinstown, Organic Gold Marketing Ltd compost a number of non- hazardous waste products supplied to us principally by local authorities and waste contractors. The type of products includes, green waste, timber, spent grain from the brewing industry, industrial and municipal sludges &om waste water treatment plants and horse or animal bedding”. This admission clearly indicates that although they may have a licence to carry out such activity they do not have planning permission for this new development. Therefore the Organic Gold is in breach of 1 . 1 of Waste Permit 2002126 (Document 3) which states, “No waste activities shall commence on site until the landowner has applied for and obtained a valid planning permission for use of the site for the proposed activities”.

(MCC), Organic Gold has been operating an illegal waste management facility. There have been several instances of investigation followed by enforcement notices. Following several written and verbal complaints relating to noxious odours in Januarymebruary 2004, over a year after issuing the Waste Permit, the planning authority finally decided to investigate Organic Gold to see if they were in compliance with their permit’s requirements. MCC found they were not. On 27/2/2004 George Mulvey, Senior Executive Engineer, Planning Enforcement, on his second site visit after issuing a wkning letter (6/2/2004), concluded that unauthorised development included, “( 1) construction of large concrete area with surrounding wall to north/west side of site and intensification of use and (2) receiving post anaerobic digested sludge”(Document 4). Despite the warning letter development and the composting of sewerage sludge continued at the Organic Gold facility now flying in the face of demands fiom the regulatory body.

After an Enforcement Notice (Document 5) was issued on 3/3/2004 demanding that they “cease all developments on site” Organic Gold again ignored these warnings and continued to build and receive waste sludge. On 24/3/2004, Liam Bourke, Senior Engineer,

In fact, since having been issued the current licence by Meath County Council

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confumed again that unauthorised development had continued despite the warning letter and earlier Enforcement Notice. In fact “there was about 3000m3 of material cornposting on the site, laid out on 9 rows” but the Waste Permit only permits that “the amount of compost and waste held at the facility shall not exceed 1000 cubic metres”.(Document 6) Again, Organic Gold was in breach of their permit. Moreover, on 5/5/2004, Liam Bourke confirmed after another Enforcement Notice (Document 7) that there was still no application for retention of development he also stated that, “it should be noted that an EPA Licence is also required for the scale of activity that Organic Gold is currently engaged in”.@ocument 8) This was a fill twelve months before any such application was made and makes a mockery of the licence application process as Organic Gold were operating illegally for nearly two years.

Although MCC did threaten legal action against the company as soon as the retention application was submitted the planning authority soon lost interest. However, over the summer the odours returned and the complaints continued (Document 9). But still no action fiom MCC as their response claimed that it was down to the planning authority now.

sludge at Organic Gold under the FOI Act. This decision is currently being appealed and is concomitant with a complaint to the Ombudsman relating to the actions of Meath County Council planning authority.

current Waste Permit WMP2002/026 Sectionl.3 when requested to provide details of the sealed drainage plan required to be submitted by Organic Gold “within one month of issue of permit” i.e. in December 2002, MCC admitted the only plan they received was in the current planning application - submitted April 2005 (Document 12). This is also in contravention of the old permit.

In addition, in their waste licence application, Organic Gold refers to planning grants P90/045 and NA 50074. However, NA 50074 has not been granted planning permission as it is with An Bord Pleanala. Therefore, the licence application is itself is invalid and Organic Gold are again seeking a licence for waste activity for which they have no relevant planning.

Currently, Organic Gold continues to receive waste fiom Panda Waste which according to Michael Griffin is under investigation by the Environmental Protection Agency but the horrendous odours continue (Document 13). I have photographic and videotape evidence of this unauthorised and illegal activity and will provide same if requested.

licence WMP 2002126, that you put an end to this illegal and unauthorised waste disposal

’

Unfortunately, MCC have refised to release firther details of the sources of the

And, in a recent FOI response MCC confirmed they had failed to monitor the

In conclusion, I am requesting, in light of the past and current breaches of waste

and refbe the above application.

Thank you for taking the time to read this submission.

Yours faithfidly,

Dr. Don Mac Auley. cc. Ofice of the Ombudsman.

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i'4EATI-I COUNTY COUNCIL

. . .

L o c e l C-overrimeat (P lznn ing e( .Development.) A c t s , 1953 to IS33.

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50 N o r t h Road, Drogheda ,

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PLAlUNING REF. NO. P9G/G045

SCHEOULE OF CONDITIONS

T h t d e v e l o p a e n t s h a l l be i n a c c o r d a n c e w i t h p l a n s a n d o a c t i c u l a r s s u b m i t t e d o n t h e 1 5 / 1 / 1 9 9 0 , 3 0 / 4 / 1 9 9 0 a n d 2 3 / 6 / 1 9 9 0 excep t w h e r e c o n d i t i o n s h e r e u n d e r s p e c i f y o t h e r w i s e .

R e a s o n : I n [ h e i n t e r e s t of p r o p e r p l a n n i n g a n d d e v e l o p m e n t .

S u r f a c e v a t e r f r o m s i t e s h a l l be p r e v e n t e d f rom r u n n i n g o n t o s u r f a c e 05 T l e m i n g s l a n e a n d N a v a n - N o b b e r road b y p r o v i s i o n of s a f e t y kerbs w i t h s u m p s d r a i n e d t o l o c a l d r a i n o r s o a k a w a y .

R e a s o n : T o p r e v e n t f l o o d i n g of p u b l i c r aad a n d i n t h e i n t e r e s t of t r a f € i c s a f e t y . . .

~ l l s u r f a c i water f r o m r o o f s a n d : c l e a n y a r d a r eas s h a l l be d i s c h a r g e d t o l o c a l d r a i n s t h r o u g ' h s e a l e d p i p e d s y s t e m .

R e a s o n ; I n t h e i n t s r e s t of p o l l u t i o n c o n t r o l .

\ . l ing w a l l s of e x i t t o p u b l i c road s h a l l be i n s t o n e w o r k f a c lng a n d s c o n e w o r k c a p i n g . D e t a i l e d ? l a a s a n d e l e v a t i o n s J? s n t r a n c e t o a s c a l e of 1 / 5 0 s h a l l b e s u b m i t t e d t o t h e P l a f i n i n g ~ ~ t h o r i t y € o r a g r e e m e n t p r i o r t o c o m m t n c e m e n t , o f D3vtiopxznr - Reason: I n t h e i n t e r e s t of v i s u a l a m e n i ' l y .

D r 3 j . r ; a t s r o p o s e d e n t r a n c e s h a l l be p i p e d w i t h p i p e s cf adsquat .~3 c a p a c i t y t o t a k e maximum f l o w s .

R e a s o n : I n t h e i n t e r e s t of t r a f f i c s a f e t y .

A l l v 2 h i c n l a c t r a E k i c t o s i t e i n c l u d i n g t h a t t o t h e f a r m y a r d , a n d i n c l u d i n g a l l c o n s t r u c t i o n t r a f f i c s h a l l be c o n f i n e d t o t h e new access road f rom t h e N a v a n - N o b b e r rDad 3 1 5 2 . Na v e h i c u l a r t r a f f i c s h a l l be a l l o w e d o n " F l e m i n g s l a n e " .

R e a s o n ; I n t h e i n t e r e s t of t r a f f i c s a f e t y .

Th? new a c c e s s road from R162 shall be i n c o n c r e t e from t h e p u b l i c r o a d f o r a d i s t a n c e o f a t l e a s t 2 0 m e t r e s a n d a l l s e r v i c e s t o s i t e shall b e l D c a t e d u n d e r g r a s s e d a r e a o n e d g z of t h a t road I

~ e a s o n : In &:he i n t e r e s t of p r o p e r p l a n n i n g a n d v i s u a l a m e n i t y .

Thz new fsnce a l o n g F l e m i n g s l a n e s h a l l i n c l u d e f o r p l a n t i n g a n d m a i n t s n a m c e of t h o r n q u i c k s 3 n i n s i d e b o u n d a r y .

i ieason; In the i n t e r e s t of v i s u a l a m e n i t y .

The c o l o u r of new b u i l d i n g s s h a l l be d a r k g r e y , g r a s s o r d; irk g r e e n , da rk b r o w n , d a r k red o r i n f i n i s h e d c o n c r e t e n a t u r a l , r1302 c o l o ~ l r s s h a l l b e d a r k e r t h a n w a l l c o l o u r s .

xeZson : ln the i n t e r e s t of v i s u a l a i n e i l i t y .

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PLANL'.JING R E F N O . P90/0045

SCHEDULE OF CONDITIONS CONTINUED

311 s l u r r y i m p o r t s d o n t o t h e s i t e s h a l l 5 s p r e s s e d , h a v i n g a minimum s o l i d s c o n t e n t of 1 0 % a n d shall bz t r a n 9 o r t e d i n s e a l e d c o n t a i n e r s . D e t a i l s of t ype of c o n t a i n e r s s h a l l b2 s u b m i t t e d t o t h J 3 P l a n n i n g A u t h o r i t y for a g r e e m e n t p r i o r t=, c a - m e n c e m e n t o f d e v e l o p m e n t .

R ~ a s a n : I n t h e i n t e r e s t of p o l l u t i o n c o n t r o l .

A l l d i r t y w a t e r s from s o i l e d y a r d s i n c l u d i n g lorry w a s h i n g s s h a l l be d i s c h a r g e d t o u n d e r g r o u n d s o i l e d w a t e r t a n k s of t e n d a y s r u n - o f f min imum c a p a c i t y .

Reas ,3n ; I n t h e i n t e r e s t o f p o l l u t i o n c o n t r o l .

Th? l o b b y b e t w e e n c a n t e e n , o f f i c e s a n d t o i l e t s s h a l l be v e n t i l a t e d t o , - + u t e r a i r b y e x t e n d i n g i t t o t h e e x t e r n a l w a l l of c a n t e e n a n d " p r o v i d i n g a window t o t h a t w a l l .

Reas .2n ; I n t h e i n t e r e s j t of p u b l i c h e a l t h .

T h e d e v e l o p m e n t s h a l l b? c o n s t r u c t e i a n d o p e r a t e d t h a t n o p o i l i l t i o n of . a n y wa te rcour se will t a k e p l a c e a n d t h a t t h e r e wiii be no r 3 a s o n a b l e c . a u a a f 3 L - a n n o y a n c e by r s a s a n ~ i ' s m e l l e i t h t r t.c, > ? r s o n s a t a n y przrnisL3s i n t h e n e i g h b a u r h o o d o r tts ; s r s o n s l a w E u l l y u s i n g a n y p u b l i c g l a c e i n t he n e i g h b o u r h o o d .

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Xeas3n; I n t h e i n t e r e s t of p u b l i c h e a l t h , public n u i s a n c e a n d p o l l u k i ~ n c o n t r o l .

E f f i u e n t s h a l l n o t be s p r 2 a d g n l a n d b e f a r e or after h e a v y r a i n , o r on f r o z e n g r o u n d a n d s h a l l n o 5 be s 2 r e l d within 15 .

metres of any w a t e r c o u r s e or i g i t h i n 30 m e t r e s of any well o r source of p o t a b l e w a t e r s u p p l y . S l u r r y s h a l l be s p r e a d at a r a t ? o f 2 , 0 0 0 g a l l a n s m a x i m i t i n per a c r e p e r c u t o-E s i l a g e ( a n a a l rnaxinum o f 4 , 0 0 0 g a l l o n s ) 3r i,509 g . 3 l i a n s maximum p? r annum on l a n d , for g r a z i n g .

n x-ceasan: I n t he i n t e r e s t o f p u b l i c t i 3a l th a n d p o l l u t i o n c 9 n c r o l .

T h s s l u r r y s h a l l be s p r e a d o n l y i n a c c ~ r d a r i c s x i t h t h e u s a g e o f t h e l a n d a n d t h e c a p a c i t y of t h e l a n d t o r s t a i n , n e u t r a l i s e a n d decomnp.Ise i t . The r a t e of s g r e a d i n g s h a l l b e s u c h a s t o p r a v e n t s u r f a c e r u n - = , f ? , p o n d i n g or s c z p a g e i n t o c o v z r e c i f i ~ l c l d r a i n s .

Rzason: In t h e i n t e r e s t of p u b l i c h e a l t h a n d p o l l u t i o n c o n t r o l .-

6 I f a t a n y c i m e Ehe P l a n n i n g A u t h o r i t y i s s a t i s E i e d t h a t t h e s 2 r e a d i n g o f s l u r r y o n l a n d i s c a u s i n g water o r s o i l g o l l u t i o n , t h s s 2 r e a d i n g u p e r a t i o n shall cease i m m e d i a t e l y 3 n the d i r - e c ' i i o n oLc t h z s a i d A u t h o r i t y a n d shall n o t be r e s u m e d u n t i l p e r m i s s i o n t h e r e f o r e i s g r a n t e d by t h e s a i d h i t h o r i t y .

'? ;\;ason: , -. I n t h e i n t 2 r e s t of p u b l i c h e a l t h 2nd p o l i u t i o n control e

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P L A N N I N G R E F . NO. p 9 0 / 0 0 4 5

E OF CONDITIONS C O N T I N U E D -

N o s p r e a d i n g of s l u r r y s h a l l t a k e p l a c e w i t h i n 15 metres of a n o p e n w a t e r c o u r s e / d r a i n n 3 r w i t h i n 30 metres of a n y sou rce o f p o t a b l e w a t s r , w e l l o r s p r i n g n o r w i t h i n 100 m z t r e s o € a n y d w e l l i n g h o u s e .

R e s s o n : I n t h e i n t e r e s t 0 2 p u b l i c h e a l t h a n d p o l l u t i o n c o n t r o l .

T h s s l u r r y h y d r o p r e s s s h a l l be c o n t a i n e d i n a n a i r s e a l e d s t r u c t u r e . A l l a i r f r o m i t s h a l l be d i s c h a r g e d t h r o u g h a b i o f i l t e r s y s t e m o r s c r u b b e r , d e t a i l s of w h i c h s h a l l b e s u b m i t t e d t a P l a n n i n g A u t h o r i t y for a g r e e m e n t p r i o r t o commencement of d e v e l o p m e n t .

Iieason: I n t h e i n t e r e s t of p o l l u t i o n c o n t r o l .

D e w a t e r e d s l u d g e s h a l l S e d i s c h a r g e d f rom h y d r 3 - p r e s s v i a a c lo sed c h u t e s y s t e m t o a s i a l e d c o n t a i n e r f o r t r a n s p o r t t o compost i n g s h e d ..

R e a s o n : I n t h e i n t e r e s t of p o l l u t i o n c o n t r o l .

S l u d g e overflow from h y d r o press sysbe rn s h a l l be d i s c h a r g e d t3 u n d e r g r o u n d s l a t t e d t a n k s d i r ? c t 2 n d s h a l l n o t d i s c h a r g e t o e x t e r i o r o f b u i l d i n g .

?,?ason: In t h e i n t e r e s t of p o l l u t i ~ n c o n t r o l .

Any p r o p o s a l s f o r f l o c c u l a k i o n of w a t e r s f rom h y d r o p r e s s s h a l l be t h e s u b j e c t of a f u l l p l a n n i n g p e r n i s s i o n .

R e a s o n : I n t h e i n t e r e s t o f p l a n n i n g c o n t r o l .

C a m p o s t i n g b u i l d i n g shall h a v e two doors n o t g r e a t e r t h a n 5m x 5 m e a c h . B a g g i n g b u i l d i n g s h a l l h a v e one l a r g e e x t e r n a l d a o r n o t g r z a t z r t h a n 4 m x 4m a n d rc)n e a s t s i d e of b u i l d i n g . Door b e t w e e n b a g g i n g a r e a and. l obby s h a l l b e s e l f c l o s i n g . P l a t e r i a l for b a g g i n g s h a l l Se conveyed from compost area t o Sagg ing a r e a by means of a c o n v e y o r l o c a t e d e n t i r e l y w i t h i n t h e b u i l d i n g . Any e x t r a d o o r s s h a l l c o m p l y w i t h f i r e o f f i c e r r e q u i r e m e n t s a s s e t o u t i n c o n d i t i o n 2 4 .

R e a s o n ; To r e t a i n all smells w i t h i n b u i l d i n g s .

T h e d e v e l o p e r s h a l l p a y t o th? P l a n n i n g A u t h o r i t y the s u m O f f5,OOO ( f i v e t h o u s a n d p o u n d s ) as a c o n t r i b u t i o n t o t h e e x p e n d i t u r e t o b e i n c u r r e d i n i m p r o v e m e n t s a n d a l t e r a t i o n s t a p u b l i c roads by t h e C o u n c i l t o s e r v e t h e d e v e l o p m e n t . P a y m e n t of t h i s s u m s h a l l be m a d e p r i o r t o commencemznt of d e v e l o p m e n t . T h e above sum s h a l l apply u n t i l 31st December, 1990 a n d s h a l l b e s u b j e c t t o r e v i e w o n t h a t d a t e a n d t a a n n Q a l r I2view t h e r e a f t e r u n l e s s p r e v i o u s l y p a i d .

R e a s o n : To c o n t r i b u t e t o w a r d s k h e c o s t of r o a d i m p r a v e m e n t r e q u i r e d t o f a c i l i t a t e t h e d e v e l o p i n e n t .

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I . PLANNING REF. N O . P 9 0 / G 0 4 5

SCHEDULE OF CONDITICNS CONTINUED

I 2 4 T h a t t h e r a q u i r e m e n t s of M e a t h C o u n t y C o u n c i l a s s e t o u t o n j tk;l;. a t t a c h e d s c h e d u l e i n r e l a t i o n t o f i r e s a r ' e t y s h a l l b e I compl i e d w i t h . I R e a s o n : I n t h e i n t e r e s t of € i r e s a f e t y .

2 5 E x i t s s p e c i f i e d i n r e q u i r e m e n t , n u m b e r s 2 a n d 3 o f F i r e O f f i c e r s r e p o r t ( s e e c o n d i t i o n 2 4 ) s h a l l be p r o v i d e d w i t h i n t e r n a l l o b b i e s f i t t e d w i t h self c l o s i n g d o o r s .

X e a s o n : To r e t a i n a n y smel l s f rom t h e c o r n p o s t i n g a n d b a g g i n g o p e r a t i o n w i t h i n t h e c o m p o s t i n g a n d b a g g i n g b u i l d i n g .

, 2 5 A minimum a r e a o f 210 h e c t a r e s ( 5 1 5 a c r e s ) s h a l l be a v a i l a b l e a t a l l t i m e s f o r disposal of s l u r r y from s i t e .

Eisason: I n the i n t e r e s t of p o l l u t i o n c o n t r o l .

27 P r i o r t o t h e 3 1 s t J a n u a r y e a c h y e a r , t h e o p e r a t o r s h a l l s u b m i t t h e ' f o l l o w i n g i n f o r m a t i o n t o t h e P l a n n i n g A u t h o r i t y : -

( a ) D e t a i l s of l a n d s u n d e r t h e o p e r a t o r s c o n t r o l , a n d of c : h z r l a n d s i n r e l a t i o n t o w h i c h h e h a s l e g a l b i n d i n g e g r z e r ~ e n t s w i t h t h e o w n a r s f o r t h e s p r e a d i n g of slurryr t h e

t ~ ? t h e m i l e s h o w i n g t h e l a n d s i n q u e s t i o n , t o g e t h e r w i t h

z g r z e m e n t s w i t h t h e o t n z r l a n d o w n e r s c o n c e r n e d .

- L I 1 s t o i n c l u d e O r d n a n c e S u r v e y maps t o a s c a l e 6 i n c h e s

.s - 2 i s , , & , t o r y F 2 c e v i d e n c ? of t h e e x i s t e c c e o € l e g e l b i n d i n g

(SI Co2y of t h e r e g i s t e r of t h s p r e v i o u s y 3 a r s s 2 r e a d i n g m a i n t a i n e d i n a c c o r d a n c e w i t h t h e terms of c o n d i t i a n 2 8 5;. l o w :

( c ) D e c a i l s ~f s o i l n u t r i e n t s , d r a i n a g e c h a r a c t 2 r i s t i c s a n d c r o p p i n g r o u n t i n ? oi' t h e l a n d s r e f e r r e d t o a t ( a ) a b o v e l a n d s w h i c h h a v ? r e c e i v e d e x c e s s i v n d r s s s i n g s of s l u r r y

t shall be i n d i c a t e d .

( d ) P r o p o s e d s 2 r e a d i n g r a t e s a n d t i m e s of s p r e a d .

R e a s o n : T o e n a b l e the P l a n n i n r ; A u t h o r i t y t o e x s r c i s e c o n t r o l of s p r e a d i n g a s e n v i s a g e d i n c o n d i t i o n 6 a b o v e - a n d t o p r z v e n t s o i l p o l l u t i o n .

2 8 The a p e r a t o r s h a l l m a i n t a i n o n t h e s i t e , a t h i s c?xpnnse , a r e * S i s c ? r f o r e a c h year w h i c h s h a l l i n c l u d e : -

( a ) Th- r e s u l t s of s o i l n u t r i e n t a n d d r a i n a g e t e s t s a n l a n d s u s s d o r p r o p o s e d t o b e u s e d far s p r e a d i n g .

( b ) O r d n a n c e S u r v e y maps t o a s c a l e of 6 i n c h e s t o t h e m i l e , s h o w i n g t h e l o c a t i o n of t h e s a i d ' l a n d s a n d a l l drains, s k r e a m s , r i v e r s , w a t e r c o u r s e s a n d o t h e r s o u r c e s of water s u p p l y o n t h e l a n d s o r i n t h e i r v i c i n i t y ;

( c ) D e t a i l s ~f l e g a l l y b i n d i n g a g r e e m e n t s w i t h r e g a r d t o s p r e a d i n g w i t h t h e o t h e r l a n d o w n e r s c a n c e r n e c i 2nd

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i ! i !

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I

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PLANNING REF. NO. P90/0045

,a- I , ’

- $- SCR EDU LE OF CONDITIONS CONTINUED

2 8 (d) A record of a l l spreading carried out, including details of the time a n d duration of spreading and the location and ownership of t h e Lands on which the slurry was spread.

i T h e register s h a l l be available for inspection by the planning authority at all reasDnable times.

Xeasan: To e n a b l e the development to be monitored int he interets 05 public health and t h e prevention of pollution.

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WASTE MANAGEMENT ACT 1996

WASTE MANAGEMENT (PERMlT) REGULATIONS 1998

Meath County Council Re$ No. in Register WMP 2002/26

To: Organic Gold Marketing Ltd. W ilkinstown Navan Co. Meath

.Meath County Council in exercise of the powers conferred on it by the Waste Management (Permit) Regulations 1998 hereby grants a Waste Management Pennit for permitted waste activity in accordance with tlie First Schedule of the Waste Management (Permit) Management Regulations, 19%.

Activity 5: The recovery of waste (other than hazardous waste) at a facility (other than a facility for the composting of waste where the amount of compost and waste held at the facility exceeds 1000 cubic metres at any time).

And in accordance with the Fourth Schedule of the Waste Management Act, 1996:

Class 2: Recycling or reclamation of organic substances which are not used as solvents (including composting and other biological transformtioil processes).

Class 4: Recycling or reclamation of other inorganic materials

Class 13: Storage of waste intended for submission to any activity referred to in a preceding paragraph of this schedule, other than the temporary storage, pending collection, on tlie premises where such waste is produced.

To: Organic Gold Marketing Ltd.

Location of proposed development: Wilkinstown, Navan, Co. Meath.

Sub-ject to 7 conditions as set out on the schedule attached hereto

Dated this 2002 I

SIGNED: 3x MEATH COCJNTY M A N A & ~

..-..

Environment Order No. fi.3 /2002.

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.. ............. - . .. . . ..... ....... . . ._..

Organic Gold Marketing Ltd

I Volume 1, Issue 1

MAY 2005

WASTE RECYCLING

NEWS

Contents

Waste - What’s waste problem?

Cornposting History . Organic Gold

Pointr of Intemt

Organic Gold - New Deuelopments

Cornposting Waste - Organic Gold

Wcrte - or a uey ureful Product

Waste - Wbat’s waste problem ? Ireland is now faced with both national and EU directives to re- duce the amount o f waste being sent to landfill sites. The targets set are that by 2009, up to 65% o f recoverable or recyclable wastes currently being tipped at landfill sites will have to be diverted from this type o f disposal route.

Failure to achieve the recovery targets set d result in heavy pen- alties from Brussels, that will have to be paid by government and ultimately by you, the taxpayer.

There have been numerous stud- ies o f the type and quantity of waste produced by individuals and households over the past 20 years. These studies have shown that we are now producing twice the amount of waste per person that were producing a decade ago.

About 85% o f all household waste can be recycled or re- covered, processed and re- used if the proper equipment and infrastructures are in place. Huge amounts o f card- board, paper, food waste, metal, cans, plastics, green waste and wood are stdl going to landfill every week. Much of the waste that is being seg- regated and assembled is be- ing sent to Northern Ireland, Scotland, Germany, Holland

and even as far away as China appked back on to mqport windmm at to be recycled, sunply because we do not have the facilities for dealing with our own

waste in thts country. How long do we think this wdl last? Are our neighbours in Europe and elsewhere going to con- tinue to facilitate us in this

manner? The answer to that question is probably, yes! But

’ .

Organic Gok’syard.

do remember, we are going to have to pay for it.

Cornposting Histo y - Organic Gold Organic Gold Marketing Ltd has been manu- facturing composts at their yards at Wil- kinstown, Navan, CO Meath since 1986.

An intensive on-farm beef fattening unit was producing cattle slurries that proved difficult to land spread, particularly over the winter months and during periods o f heavy rainfall. Since that time, the company has developed and is today a recognised leader in the manu-

facture of a range o f compost products that are sold in supermarkets and garden centres.

O r p c Gold also produce a specialist range o f compost based products for golf course and amenity / sports grounds applications and the company can be very proud that their products are used by most of the premier facilities that host both national and international sporting events.

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' .. I : -,

WASTE PERMIT

Waste Permit Register N iini ber:

Applicant: Organic Gold Marketing Ltd

Locatioii of Facility: W ilkinstown,

WMP 2002/26

Navan,

Co. Meath

I n pursuance ofthe powers conferred on it by the Waste Management Act, 1996 and the Waste Management (Permit) Regulations, 1998, Meath County Council grants this waste permit under Article 5( 1) of the Reglations to OrSanic Gold Marketing Ltd, to carry on at Wilkinstown, Navan, Co. Meath the waste activity listed below, subject to seven conditions.

,-

Perniitted Waste Recoverv Activitv. in accordance with the First Schedule

of the Waste klanayement (Permit) Rea.htions, 1998:

/--

Permitted Waste Activity. in accordance with the Fourth Schedule

of the Waste Manaaement Act. 1996:

C'lctss 4: Xecyclitig os r*eclanmtiorr of other itiorganic ntate~*ids.

Class 13: Slor~ige of ,vasle intended .for sirbntission to city aclivily I*< ferred t o in a preceding paragrcph of this schedtle, o f her than rhe ternpot m y storage, pending collection. ott lhe premises where such waste is prodiiced

NOTE:

THE GRANTING OF THIS PERNUT, AND ANY CONDITION INIPOSED BY IT. DOES NOT EXEMPT THE HOLDER OF THE PERMIT FROM COMPLYING WITH THE STATUTORY OBLIGATIONS OF ANY RELEVANT LEGISLATION, INCLUDING WATER POLLUTION, AIR POLLUTION, WASTE, LITTER AND PLANNING LEGISLATION.

7

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1.

! . I

I .2

I .3

I .4

I .5

1.6

I .7

1 .s

2.

2. I

Scope of Permit:

No waste activities shall commence on site unless and until the landowner has applied for and obtained a valid planning permission for use of the site for the proposed activities, if required.

This waste permit is issued under the Waste Management (Permit) Regulations, 199s to Organic Gold Marketing Ltd. in respect of’a facility at Wilkinstown. Navan. Co. Meath only.

This waste permit is %ranted for a period not exceeding 36 months from the date o f commencement of waste activities on the site.

Within one month of issue ofthis permit, the permit holder shall submit details for the written agreement of the Council for a sealed drainage system for the concrete storage area. The drainage system shall be constructed within two months ofthe date of agreement by the Council.

The permit holder shall clean out the existing drains and upgrade where necessary to incorporate into the approved drainage system.

The permit holder shall maintain a buffer zone of minimum 2ni width between the windrows and the earth bunds.

The waste activities shall be confined to the area outlined in the site plan submitted with the permit application received I ” ‘ August 2002, and shall take place only as specified in the application, as modified and/or controlled by the terms of this permit.

Where Meath County Council considers that a non-compliance with the conditions of this permit has occurred, it may serve a notice on the permit holder specifying: (a) that only those wastes as specified, if any, in the notice are to be

accepted at the facility after the date specified in the notice; and, (b) that the permit holder shall undertake the works stipulated in the

notice, and/or otherwise comply with the requirements of the notice as set down therein, within any time-scale contained i n the notice.

When the notice has been complied with, the permit holder shall provide written confirmation to the local authority that the requirements o f the notice have been carried out. No waste, other than that, which is stipulated in the notice, shall be accepted at the facility until written confirmation is received from the Council that the notice is withdrawn.

Itlariagement of the activity:

A copy o f the permit shall be kept on site at all times

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2.2

2.3

3.

3. I

’ 7 3 .

3.

Waste shall only be accepted at the site between the hours of 8am and 6pn1 Monday to Saturday (excluding Bank and National Holidays). No waste shall be accepted on Sundays.

The site shall be adequately manned and supervised at all times. It shall be maintained to the satisfaction of Meath County Council, and adequate precautions shall be taken to prevent unauthorised access to the site.

Notificatioa arid I-ecord keeping:

The permit holder shall maintain a register of the following records on the site: The quantities and types of waste received at the site. Tlie quantities and type of waste not accepted at the site, and details of where these wastes were sent. Tlie dates and tinies ofall waste deliveries to tlie site. The names of the carriers and tlie vehicle registration nunibers. The origin of each delivery of waste.

-

-

- -

The permit holder shall immediately notify Meath County Council by teleptione/faax of any incident which occurs as a result of the activity on the site, and which: - has tlie potential for environmental contamination of surface water or

poses an environmental threat to air or land, or requires an emergency response by the Council.

ground water, or - -

Full details shall be forwarded in writing on the next working day.

The permit holder shall include as part of tlie notification: - the date and time of the incident,

details of tlie incident and circumstances giving rise to it, an evaluation of environmental pollution caused, if any, actions taken to niininiise the etf’ect on the environment. steps taken to avoid reoccurrence, any other- remedial action taken.

- - - - -

The permit holder shall make a record of any such incident in a register to be maintained on the site.

All communications with Meath County Council shall be addressed to the Colt nty Secre tarv.

Address: County Hall, Railway Street, Navan, Co. Meath.

Telephone Number (normal working hours): 046 - 2 158 1

e- mai 1 infddmeatlicoco. ic Fax Number: 046 - 21463

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3.4

3.5

3.6

3.7

4.

4.1

The permit holder shall make all records niaintained on the site available to Meath County Council staff at all reasonable times, and shall provide any relevant information when so requested by an authorised person of Meath County Council.

The permit holder shall notify Meath County Council, in writing, within 7 days o f

The imposition o f any requirement on the permit holder by order under Section 57 or 58 of the Waste Management Act 1996, or

klanagement Act, 1996. - Any conviction of the permit holder for an offence under tlie Waste

The permit holder shall submit to Meath County Council, an Annual Environmental Report (AER) for the preceding calendar year by no later than February 28'" o f each year. The tirst AER shall be submitted by 28'" February 2004 in respect o f the period from date of issue o f the permit to 3 1 '' December 3003, and annually thereafter. The AER shall include details of: (a) (b) (c)

(d) (e) reportable incidents.

the management and staffing structure ofthe facility; details of any impositions or convictions imposed as outlined above; quantity and type of all wastes accepted and disposed o f at the facility during the year; details ofany loads rejected at the facility duriny the year;

I n addition, the perniit holder shall include i n the report, a written summary of compliance with all o f the conditions attached to this permit,

Within one month of waste activities ceasing on the site, the permit holder shall submit a report to Meath County Council which shall include the information contained i n the registers described above, and details o f any impositions or convictions imposed under the Waste Management Act, 1996. In addition. the permit holder shall include in the report a written sumniary of conipliance with all o f the conditions attached to the permit

Waste acceptance and handling:

The following wastes, inay be accepted at tlie facility

activated sludge, - spent grain,

- woodchips and sawdust, - green waste, - mushrooni compost, - cocoa shell, - cardboard and paper.

- biodegradable kitchen and canteen waste,

No other waste types are to be deposited at the facility, unless otherwise agreed in writing with Meath County Council. The permit holder shall ensure that adequate steps are taken to prevent acceptance of any other waste types.

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4.2

I

Before waste activities commence on site, the following details shall be submitted to, and agreed in writing with, Meath County Council: (a) Specifv the waste types to be accepted by reference to the European Waste

Catalogue and Hazardous Waste List published by the Environniental Protection Agency (edition valid from I January 2002).

(b) The name and address of the producer of tlie materials to be deposited at the site.

(c) The origin of the materials to be deposited at the site. (d) The name and address of the Contractor(s) engaged to transport the

materials to the site, including confirmation that the contractor is operating in compliance with the Waste Management (Collection Permit) Regulations, 200 I (SI no. 402 of 200 I )

4.3 A niinimuin notice o f five (5) working days shall be siven in writing to Meath Countv Council of the coniiiiencenient of’ waste activities at tlie site.

4.4 All waste arriving at tlie facility shall be subject to a visual inspection by the permit holder, or his sta tT, employees, lessees or agents. Materials other than those permitted shall be removed immediately from the site. Such waste shall be disposed of (or recovered) at an alternative facility with an appropriate waste permit or waste licence. Following delivery of such unauthorised waste to the site, Meath County Council shall be itnniediately notified by telephone/fas, and fill1 details shall be forwarded in writing on the next workiny day

4.5 The permit holder shall remove immediately any waste placed on or in the vicinity of tlie site other than in accordance with the requirements of the permit. If such waste is discovered it shall be taken to a facility with a waste licence or waste permit authorising acceptance of such waste.

4.6 Access to tlie site shall be limited to one ( I ) truck per hour, which equates to two (2) truck movements per hour.

4.7 The perinit holder shall not allow any over-spill of waste outside the site perimeter, as outlined on the site plan submittect with the permit application.

5. Niiisances, einissioiis and environmental impacts:

5.1 The permit holder shall take adequate precautions to prevent undue noise, fumes, dust, grit, untidiness and other nuisances during the course of the works which would result in a significant impairment ot; or a significant interference with, amenities or the environment beyond the site boundary. If unacceptable levels occur, the permit holder shall abide by the Council’s abatement reqii iremen ts, which may i nciude i niniedi ate cessation of operations.

5.2 The permit holder shall ensure that the waste activities on the site shall be carried out in such a manner so as not to have an adverse effect on the drainage of adjacent lands, on watercourses, on tield drains or on any other drainage system.

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5.;

5.4

5.5

5.6

5.7

5.S

5.10

I

I

6.

6.1

6.2

If in the opinion of the Area Engineer, or his representative, or officials from the Environment Section of Meath County Council, the permit holder is not complying wi th the conditions of the permit, they shall be empowered to verbally instruct the permit holder to cease accepting waste at the site from the end of the day on which instruction issues. The permit holder shall close the site and lock the sates. Activities shall not re-commence until Meath County Counci I gives authorisation to re-commence.

If in the opinion of the Area Engineer undue damage is being caused to the haul roads to the site as a result of the use of heavy goods vehicles (HGVs), he shall be empowered to verbally instruct the hauliers to cease using these haul roads and use an alternative route.

The permit holder shall take adequate steps to ensure that that no material of any sort can fall or be blown from vehicles delivering waste to the site.

The permit holder shall take adequate steps to ensure that vehicles exiting from the site do not deposit material of any sort onto the roadway or adjoining lands.

The permit holder shall spray current working areas and site access roads with clean water during periods of dry weather if dust is being senerated to such an extent as to reasonably present a risk of nuisance to neighbouring properties.

The permit holder shall remove all litter from the site and its environs i in mediately.

The permit holder shall remain responsible i n perpetuity for the maintenance and upkeep of all drains and watercourses within and surrounding the permitted area.

Eiivironn~ental monitoring:

Authorised staff of Meath County Council shall have unrestricted access to the site at all reasonable tinies for the purpose of their functions under the Waste Management Act, 1996, including such inspections, monitoring and investigations as are deemed necessary by the Council.

If so requested by Meath County Council, the permit holder shall, at his own expense, carry out such further investigations and monitoring of the facility as required by the Council. The scope, detail and programme, including report structure and repoiting schedule, for any such investigations and monitoring shall be in accordance with any written instructions issued bv the Council

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1

7. Charges arid finaricial provisions:

I

l -

i - i -

7 I The permit holder shall pay an annual contribution of€1,260 to Meath County Council, or such sum as the Council from time to time determines, towards the costs incurred by the Council of nionitoring the activity, to the extent that it considers necessary for the performance o f its duties under the Waste Management Act, I996 The Permit holder shall in 2003 and subsequent years, not later than 3 I " January ofeach year, pay to the Council this amount updated annually i n accordance with Table 5 of the All Items index (base at November 1975 = 100) published by the Central Statistics Office. The Council shall notify the updated amount to the Permit holder For 2002, the permit holder shall pay a pro ra/cr amount from the date of the permit to 3 I " December, 2002. This amount shall be paid to the Council within one month of the date o f grant of this permit.

7.2 I n the event that the frequency or extent of monitoring or other Functions carried out by the Council tieed to be increased for whatever reason, the permit holder shall contribute such sunis as are determined by the Council to defray its costs.

7.3 Prior to the commencement of waste activities on site, the permit holder shall lodge with Meath County Council a cash deposit ofE3,OOO or an equivalent bond or other approved financial provision, as a security for the satisfactory conipliance by the permit holder with the terms and conditions attached to this permit, and in addition to provide security for damage to roads. This amount may be paid in instalments, subject to the agreement of the Council. I n the event of non-compliance by the permit holder with any ternis or conditions attached to this permit, Meath County Council shall be empowered to apply the said funds or part thereof for the satisfactory compliance with the terms and conditions attached to this permit, including road repairs as necessary. Any amount not so used bv the Council will be released to the permit holder. when all activities on site have ceased and the permit holder has fully complied with the terms arid conditions attached to the permit, to the satisfaction of bleatti County Council.

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Meath County Council County Hall, Railway Street, Navan, Co. Meath

f

i

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Phone (046) 21581

Fax (046) 21463

27'h. February 2004

Planning Enforcement Section - InternaI ReDort

Re: Unauthorised Development UD0416 - Organic Gold Marketiw Ltd.

Mr. Liam Bourke, Senior Executive Engineer, PIanning Enforcement,

Liam, New complaints have been received by this office that construction work is still occurring at this site. A WL was issued on 06/02/04 and correspondence of 18/02/04 was received from organic gold marketing Itd. In this letter signed by Mr. John Finnegan it is stated we do not believe that we are carrying on any unauthorised activity and we have passed on your correspondence to our consulting engineer Mr. Conor Taffe". Mr. Taffe contacted me on 25/02/04 and he told me that he is in the process of collecting all relevant data to identify any outstanding planning matters.

LOCATION OF UD: from the R162 Wilkinstown to Kingscourt Road 0.5km north of wilkinstown and west side of road.

Wilkinstown, Navan, County Meath. Entrance is

DESCRIPTION OF UD: (1) Construction of large concrete area with surrounding wall to north/west side of site and Intensification of Use. (2) Receiving post anaerobic digested sludge.

I RECOMMEND THAT an EN IN ACCORDANCE WITH SECTION 154 THE PLANNING AND DEVELOPMENT ACT, 2000 BE ISSUED.

\

\ \ m e a t h f i l e s \ S y s \ G e o r g e l \ P l a n n i n g E n f o r c e

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The enforcement notice should state (a) to cease all unauthorised construction work immediately. (b) That no new works is carried out without prior agreement of the planning authority. (c) To cease acceptance of post anaerobic digested sludge immediately. (d) To regularise the current outstanding planning issues and if this entails the submission of a planning application - give a time limit of 4 weeks.

The enforcement notice should issue to John Finnegan of organic gold marketing Itd and copied to his engineer Mr. Conor Taffe, Hill of Rath, Drogheda, County Louth.

Senior Executive Technician

Liam Bourke Senior Executive Engineer

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MEATH COUNTY COUNCIL ENFORCEMENT NOTICE

Section 154 of Planning Sr Development Act 2000

Nlr. John Finnegan, Organic Gold Marketing Ltd., Wilkinstown, Navan, Co. Meath.

Our Ref:UD04/016

It appears to Meath County Council being the Planning Authority for the County of Meath that lands at Wilkinstown, Navan, Co. Meath are being developed in contravention of Section 32 of the Planning & Development Act, 2000 i.e. otherwise than under and in accordance with a permission required under that Act. The unauthorised development consists of 1. Construction of large concrete area with surrounding wall to northhest side of site and

Intensification of use.

Receiving post anaerobic digested sludge. 2.

Meath County Council (hereinafter called the Council) considering only the proper planning and development of this area (including the preservation and improvement of the amenities thereof) and having regard to the provisions of the Development Plan, has decided, it is expedient to serve a notice under Section 154 of the Planning & Development Act, 2000.

The Council hereby gives notice that you are hereby required to take the steps specified hereunder to secure the carrying out of the development within the time from the service of the Notice specified in each case.

If within the periods specified in the attached schedule, the steps specified in the notice to be taken are not taken, the Planning Authority may enter on the land and take such steps and may recover any expenses reasonably incurred by them in that behalf.

I You are hereby warned that a prosecution under Section 157 of the Planning & Development Act, 2000 may be brought by this Authority against you should you fail to comply with the requirements of this notice.

If within the period specified by the notice, the steps specified in the notice to be raken are no1 taken, you may be guilty of an offence.

STEPS TO BE TAKEN (SEE ATTACHED SCHEDULE) The notice shall take effect on the

TIME FOR PERFORMANCE

'5A day of March, 2004

Dated this Jk day of March, 2004.

Signed . . . . . . . . ............. ....... ..... . . . . . . . . . . . . , . . . . . . . . . b W Senior Staff Officer

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Steps to be taken

1.

2.

3.

4.

ENFORCElMENT NOTICE SECTION 153 OF

PLANNING & DEVELOPMENT ACT 2000

Schedule

Cease all unauthorised construction of work

No new works are carried out.

If proposals include an application for retention of planning permission then the application shall be submitted to Meath County Council, Planning Section, County Hall, Navan, Co. Meath.

Refund costs and expenses reasonably incurred by the Council in relation to investigation, detection and issue of Enforcement Notice, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers.

Time for Performance

Immediately.

Without prior agreement of the Planning Authority.

Six weeks

Within one month of being quantiiied by the Council

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MEATH COUNTY COUNCIL - COUNTY ILlANA4GERS ORDER

SUBJECT: The unauthorised development on lands at Wilkinsto\Ln. Navan. Co. Meath by Organic Gold IVarketing Ltd.

SUBMITTED: Report from Mr. George Mulvey, Senior Executive Technician dated 27'h February, 2004 endorsed by Mr. Liam Bourke, Senior Executive Engineer stating that Mr. John Finnegan of Organic Gold Marketing Ltd. has constructed a large concrete area with surrounding wall to the northhest side of the sire and that there has been an intensification of use on this site. He also stated that Organic Gold are receiving post anaerobic digested sludge onto the site.

ORDER NO. P 6818G

ORDER:

i

Signed:

By virtue of the powers conferred on me. I hereb? order that an Enforcement Notice under Section 154 of the Planning & Development Act, 2000 be served on Mr. John Finnegan, Organic Gold Marketing Ltd., Navan, Co. Meath requiring that the steps specified in the schedule attached to the Enforcement Notice shall be taken within the time periods specified.

County Manager L/

Date: ,? March2004.

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Memo I

Liam Bourke Jimmy Young To: Senior Executive Engineer - Planning Planning/Building Control

Senior Staff Officer From: -

Date: 24 March, 2004 Rachel Kenny CC: -

Re: UD04016 Organic Gold

Reports by Greg Duggan dated 13* February 2004 and George Mulvey dated 12* February 2004, 3d March 2004 and 8" March 2004, confirm that green waste and sewerage sludge are being composted at Wilkinstown, Navan by Mr. John Finnigan and Organic Gold Marketing Ltd., Wilkinstown, Navan, Co. Meath. A waste permit (ref. no. WMP2002/26) was issued for this activity. It appears that composting may have taken place on the site for some years. However there has recently been an intensification of activities on the site as construction has taken place to expand the yard and increase the volume of waste handled. This is an unauthorised development and an offence under section 15 1 of the Planning and Development Act, 2000.

Following the initial inspection by George Mulvey on the 6" February 2004, a warning letter issued to John Finnegan and Organic Gold Marketing Ltd. in respect to the development. On the 6' February George Mulvey also instructed Mr. Finnegan that the development required planning permission. Following further complaints and inspections it was confirmed that construction work had continued. These works included demolition of farm buildings, enlargement of concrete yard, construction of concrete boundary wall and the construction of earth embankments fkom waste soil. It was also found that the development created significant odour problems for neighbouring properties.

An enforcement notice issued on the 3d March requiring that all construction work and the acceptance of anaerobic sludge to cease both with immediate effect. On the same day, Conor Taffe, consultant engineer for Organic Gold Marketing Ltd., informed George Mulvey that construction work had ceased on the site and that a planning application for the development was being prepared. However, when George later visited the site, work was still in progress constructing a new wall. He met Vincent Phelan, accountant/manager for Organic Gold, who agreed that planning permission was required for the work being carried out.

I visited the site with George Mulvey on the loth March and met with Vincent Phelan. Some of concrete walls had been poured and shuttering removed since George was on the site on the 3d March. According to Mr. Phelan this was done on the 3d March. NO other works appear to have been carried out.

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During the inspection it was noted that: - the concrete yard was completed the concrete wall was completed proposed fencing on top the wall has yet to be carried out proposed wheel wash system has yet to be provided considerable amount of dust was rising on the yard during traffic movements a soil mound placed on the northern boundary contained tiers and other debris foul odour fiom the site on land to the north were very significant

0 proposed odour suppressant system has yet to be provided 0 there was about 3000 m3 of material composting on the site, laid out in 9 rows.

~

I

The proposed works above were proposed works described by Mr. Phelan during the site visit. It should be noted that a local authority may only issue a waste permit for composting to a limit of 1000 m3 at any time. Thus the volume of compost on site demonstrates that intensification has occurred since the waste permit was issued.

2. All development works on site shall cease immediately.

On the 16* March 2004 Conor Taffe contacted me and requested permission to erect the fencing on the wall and provide an odour suppressing spray system on the site. I reminded him that no structure could be erected without the benefit of planning permission but agreed a spray system could be brought onto the site to deal with odour. He assured me that a valid planning application would shortly be lodged with Meath CO Co.

I

I I

A further complaint was received yesterday from Emer Davis, which confirmed that steel fencing posts have been erected on the concrete wall. This is contrary to the enforcement notice and an offence under section 154 of the Planning and Development Act 2000. Please issue a krther Enforcement Notice under Section 154 of the Act requiring the following measures:-

\\meathfrles\Sys\PlanningEnforcementWavan Area\OrganicGold\UD040 1 6 Organic Gold240304.d~

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1. All waste acceptance on site shall cease immediately the volume of material composting is reduced to less than 1000 m3 and shall be kept below this level until such time that planning permission is granted and a waste licence obtained for a larger development.

Liam Bourke Senior Executive Engineer Planning

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MEATH COUNTY COUNCIL ENFORCEMENT NOTICE

Section 154 o f Planning & Development Act 2000

M r . John Finnegan, Organic Gold Marketing Ltd. , Wilkinstown, Navan, Co. Meath.

O u r RefUD04/016

It appears to Meath County Council being the Planning Authority for the County of Meath that lands at Wilkinrtowii, Navan, Co. Meath are being developed in contravention of Section 32 of the Planning & Development Act, 2000 i.e. otherwise than under and in accordance with a perinission required under that Act. The unauthorised development consists of: I . Constriiction of large concrete area with surrounding &all to northluest side of site

and intensification of use. 2. Receiving post anaerobic digested sludge. 3. 3000m3 of material composting on the site. 4. Erection of steel concrete posts on the concrete wall.

Meath County Council (hereinafter called the Council) considering only the proper planning and development of this area (including the preservation and improvement of the amenities thereof) and having regard to the provisions of the Development Plan, has decided, it is expedient to serve a notice under Section I54 of the Planning & Development Act, 2000.

The Council hereby gives notice that you are hereby required to take the steps specifjed hereunder to secure the carrying out of the development within the time from the service of the Notice specified i n each case.

If within the periods specified in the attached schedule. the steps specitied in the notice to be taken are not taken, the Planning Authority may enter on the land and take such steps and inay recover any expenses reasonably incurred by them i n that behalf.

\ You are hereby warned that a prosecution under Section IS7 cf the Planning & Development > i Act, 2000 inay be brought by this Authority against you should YOLI fail to comply with the

requirements of this notice.

If within the period specified by the notice. the steps specified in the notice to be taken are not taken, you may be guilty of an offence.

STEPS TO BE TAKEN (SEE ATTACHED SCHEDULE) The notice shall take effect on the

TiME FOR PERFORMANCE

$9" day of March,, 2004

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ENFORCEMENT NOTICE SECTION 154 OF

PLANNIiYC; & DEVELOPMENT ACT 2000

Schedule

1. Cease all development works on site.

2. All waste acceptance on site shall cease.

3. The volume of material cornposting shall be reduced to less than 1000 m3 and shall be kept below this level.

Time for Performance

lm m ed ia t ely .

Immediately.

Until such time as planning permission is granted and a waste licence obtained for a larger development.

4. Refund costs and expenses reasonably incurred by the Council in relation to investigation, detection and issue of Enforcement Notice, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers.

Within one month of being quantified by the Council.

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S I-i B J E C T : The una LL t ho r 1 sed de \i e I o p me n t on 1 and s at LV i 1 k i ns t o LL n . N av an. Co. Meath by Organic Gold Marketing Ltd.

SUBMITTED: 1. Reports from Greg Duggan dated 13''' February. 2004 and George Mulvey dated 12"' February, 2004. 3rii March, 2004 and 8''' March, 2004 confitming that green waste and sewerage sludge are being composted at Wilkinstown, Navan by John Finnegan and Organic Gold Marketing Ltd., Wilkinstown, Navan. Co. Meath.

2. Warning Letter dated 6t'1 February, 2004 issued to John Finnegan and Organic Gold Marketing Ltd. in respect of the development.

I

ORDER:

Signed:

3. Enforcement Notice served on 3rd March requiring that all construction work and the acceptance of anaerobic sludge cease both with immediate effect.

4. Further inspections dated 10"' March, 2004 confirmed that construction work had continued which included demolition of farm buildings, enlargement of concrete yard, construction of concrete boundary wall and the construction of earth embankments from waste soil.

5. A further complaint received on 24'h March. 2004 confirming that steel concrete posts have been erected on the concrete wall.

6. Report from Liam Bourke, Senior Executive Engineer, dated 24'h March, 2004 recommending that a further Enforcement Notice be served on Mr. John Finnegan, Organic Gold Marketing Ltd., Wilkinstown, Navan, Co. Meath.

ORDER NO. P 6846G

By virtue of the powers conferred on me. I hereby order that an Enforcement Notice under Section 154 of the Planning & Development Act, 2000 be served on M r . John Finnegan. Organic Gold Marketing Ltd., Navan, Co. Meath requiring that the steps specified in the schedule attached to the Enforcement Notice shall be taken within the time periods specified.

County Manager v Date: -2 March 2004.

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'=;.p- - --4

i

I MEATH COUNTY COUNCIL

Liam Bourke Jimmy Young To: &?!E Senior Executive Engineer -

Planning PlanningBuilding Control Senior Staff Officer

I Date: 5 May, 2004 Rachel Kenny cc: -

Re: UD04016 Organic Gold

Please refer to my report dated 24Ih March 2004. Enforcement Notices issued on the 3rd March 2004 and the 29'h March 2004. Both notices required that all unauthorised development works on site shall cease. I camed out a follow up inspection on the 27* April 2004. Steel fencing posts were erected on the wall around the entire perimeter of the site following the issue of the first notice. This is an offence under section 154 of the Planning and Development Act.

My inspection I confirmed that there was about 1800 m3 of mixed shredded timber and sludge composting in rows and a further few hundred m3 of sludge and shredded timber in storage in the newly constructed and unauthorised portion of the yard and which had recently amved. As material for composting is clearly still amving on site and cornposting material has not yet been reduced to less than 1000 m3, there has been a failure also to comply with the second notice. This is a further offence under Section 154 of the Act.

I met John Finnegan on site, who assured me that a planning application would be submitted by the 30* April for retention and completion of the development. No application has been made. It should be noted that an EPA Licence is also required for the scale of activity that Organic Gold is currently engaged in.

I recommend that legal proceedings be issued for the offence under section 15 1 for the unauthorised development and for two offences under section 154 for the failure to comply with the enforcement notices. As an applic2tion for retention may still be lodged that may result in an improvement on the current situation, I recommend at this stage that only summary proceedings be initiated for these offences. The initial complaint was received in January 2004 so proceeding should be initiated before July 2004 to ensure all offences are included in the proceedings.

Senior Executive Enginkr Planning

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----- Original Message----- From: Emer Davis Sent: 16 April 2005 11:08 To: donmacauley@eircom.net Subject: FW: RE: Organic Gold

>From: Gregory Duggan <gduggan@meathcoco.ie> >To: 'Emer Davis' >Subject: RE: Organic Gold >Date: Fri, 02 Jul 2004 17:24:53 +0100 > >No problem. Are you seeking under FoI or just asking? You'll get them >either >way but with FoI you must write in and this sets a whole admin "train'' in >motion . . . .( this e-mail is fine and I can forward to the FoI Officer so no >need to do any more on your part if you just let me know). If you want to >avoid FoI that's fine, just let me know and I'll get the reports for YOU. > >By the way, was out there today - awful - and Organic Gold are under >starter's orders to get it right or face the consequences. I think the food >waste is the problem so that's to stop and they're to cover the newest >windrow with plastic to keep the stink in. Two rows are done and can move >off-site but the newest row seems the worst. The mist/fogging system isn't >doing the business at all and a specialist is to inspect the place on >Saturday 3rd July. John Finnegan will phone me on Monday to let me know >what >the specialist says. I'm not convinced, but we'll wait and see. Hopefully >things will improve over the next few days, but that'll probably jinx it >just thinking it .... > >Greg. > > > -----Original Message----- > > From: Emer Davis [SMTP:emerjdavis@msn.com] > > Sent: Friday, July 02, 2004 4:27 PM > > To: gduggan@meathcoco.ie > > Subject: Organic Gold > > > > Dear Greg > > > > I would like to receive copies of ALL of the Environmental reports that > > your > > engineers made, in relation to the smells and problems surrounding >Organic > > > > Gold, since January of this year. I was told by the Ombudsman that this > > is > > an acceptable request by me, under the Freedom of Information Act. > > > > These reports can be sent to my address: Berryleck Lane > > Wilkinstown > > CO Meath > > I look forward to hearing from you.

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> > > > Yours sincerely > > > > Emer Davis > > > > > > The new MSN 8: advanced junk mail protection and 2 months FREE* > > http://join.msn.com/?page=features/junkmail

Millions of quality singles are online now - click to meet them! http://match.msn.ie

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, 1

Cornhairle Chontae na MI

F6n: 046-902 1581

Halla an Chontae, An Uaimh, Contae na Mi

Cuirtrur Fuilte Roimh Chonzhfhreugras i riGueilge

,

Meath County Council County Hall, Navan, Co. Meath

Fax: 046-902 1463 eMnil info@menthcoco ie www meath ie

%

Freedom of Information Section

f b. Don MacAuley The View Wilkinstown Navan Co. Meath

10 June 2005 Our Ref: FOI/OO 1 7/05

Dear Mr. MacAuley,

I refer to the request which you made to this body under the Freedom of Information Act, 1997.

My name is Assumpta Kelly and I am the officer duly authorised by the County Manager, under the provisions of the Freedom of Information Act, to adjudicate on your request. I made my decision on your request on loth June 2005. You can contact me by telephone at 046-902 158 1. I will answer any questions you may have, and assist you generally in this matter.

‘ k L !

I have decided to grant your request in respect of some records or, and to refuse it in respect of others. The purpose of the remainder of this letter is to explain that decision. This explanation has the following parts:

1. 2.

3.

4.

A schedule of all of the records covered by your request. Concerning records to which access is granted, a statement of the arrangements for this access, its form. Concerning records to which access is denied, the giving of the relevant findings, particulars and reasons for these decisions; and A statement of how you can appeal this decision should you wish to do so.

Replies by email to foi@meatlicoco.ie welcome Please visit www.meath.ie for Sec 15 & 16 Manuals

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1. Schedule of records

The schedule shows the documents that this body considers relevant to your request which are released.

2. Arrangements for access/fee to be paid/form of access

You have sought access to the records by means of photocopies, and I have found that this is an appropriate form of access in this case.

3. Findings, particulars and reasons for decisions to deny access

Outline summary -

Your request is submitted using 13 No. items and I will issue this decision using the same headings and numbering system in the interest of clarity.

1. You ask for a copy of all coGespondence, emails, memos and letters between Meath County Council and Organic Gold in relation to the Waste Permit. You also state that you already have a copy of the Enforcement File. Therefore, it is not very clear what you already have copies of and how I can assist you further. There is no separate Enforcement File that I am aware of. File WMP2002/26 is the relevant file and perhaps you think you have copies of some documents from this file. In order to avoid duplication, and also in the interest of clarity, I will not release the entire file or at this point attempt to schedule each document, which would be at least 400 pages. This would be considered voluminous under the Freedom of Information Act. Section 10 (1)( c )

> applies. 6

However, Section 21(l)(a) o f the FOI Act also applies as Meath County Council is still investigating the non compliance with the Waste Permit. Legal action may be taken under the Planning legislation in this regard.

2. You ask for a written explanation regarding revoking the Licence. The Freedom of Information Act is primarily to be used for access to records. It was never intended that explanation for decisions would be part of that. However, Section 18 of the Act specifically refers to requests for Statement of Reasons. This is entirely separate from a request under Section 7. Section 18 requests may only be made by a person who is affected by an act of a body and has a material interest in a matter affected by the act or to which it relates. Material interest indicates that the person is directly affected but that people in general or a large class of people are not similarly affected.

Replies by email to foiGdmeathcoco.ie welcome Please visit www.meath.ie for Sec 15 & 16 Manuals

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However, breaches of the Permit are being dealt with by notifications of non compliance to date, which form part of any future legal action which may take place.

3. This is available for viewing under file NA50074 at the Planning Department. Your request is therefore refused under Section 46(2) of the Freedom of Information Act. Your attention is also brought to the Copyright Act which may apply in this case.

You ask for copies of the sealed drainage plan,

4. You ask for all compliance requests and subsequent responses. Section 21(l)(a) of the FOI Act also applies as Meath County Council is still investigating the non compliance with the Waste Permit. Legal action may be taken under the Planning legislation in this regard.

5. exist in Meath County Council.

Copies of all waste record logs. Section lO(l)(a) applies as these records do not The operator of the Licence would hold such records.

6 . Copies of all incidents reported to Meath County Council. This condition refers to self reporting. Section 21(l)(a) of the FOI Act also applies as Meath County Council ,is still investigating the non compliance with the Waste Permit. Legal action may be taken under the Planning legislation in this regard.

7. Copies of all Annual Environmental Reports. Section 21(l)(a) of the FOI Act also applies as Meath County Council is still investigating the non compliance with the Waste Permit. Legal action may be taken under the Planning legislation in this regard.

8. Section 21(l)(a) of the FOI Act also applies as Meath County Council is still investigating the non compliance with the Waste Permit. Legal action may be taken under the Planning legislation in this regard.

Copies of all submissions relating to 4.2 of the Permit.

9. Copies of all details of rejected wastes as required by 4.4. of the Permit. This information forms part of the Annual Environmental Report and will not be released at this time. Section 21(l)(a) of the FOI Act also applies as Meath County Council is still investigating the non compliance with the Waste Permit. Legal action may be taken under the Planning legislation in this regard.

10. Copies of all correspondence from Meath County Council to the company re. No. 5.1 of the Permit. Section 21(l)(a) of the FOI Act also applies as Meath County Council is still investigating the non compliance with the Waste Permit. Legal action may be taken under the Planning legislation in this regard.

Replies by email to foi(i$nieatlicoco.ie welcome Please visit www.meath.ie for Sec 15 & 16 Manuals

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11. Details of all visits, reports, emails and memos by the County Engineer. (The Director of Service for the Environment now has the role which used to be that of the County Engineer in relation to the Enviroment Dept. of Meath County Council). Section 21(l)(a) of the FOI Act also applies as Meath County Council is still investigating the non compliance with the Waste Permit. Legal action may be taken under the Planning legislation in this regard.

12. Full details of all payments from Organic Gold as in Section 7 of the Permit. Invoices have issued with regard to No. 7.1 the Annual Contribution and payment is awaited. With regard to No. 7.3, it is confirmed that the Cash Deposit has been paid.

13. years from date of commencement of waste activities. No review is proposed.

Planned review of Waste Management Permit. The current Permit is valid for 3

Exemptions explained -

Section 21(l)(a) may be invoked where disclosure could reasonably be expected to prejudice the effectiveness of tests, examination, investigations, inquiries or audits etc.

Section 46 (2) may be invoked if the record is available elsewhere to the public.

Section 1 O( 1) ( c ) refers to a request which is considered to be voluminous.

Section lO(1) ( a ) refers to records which do not exist.

Copies of the relevant Sections of the Act are enclosed for your convenience. k

Public interest -

Section 21(1) (a) invokes the public interest test and I have weighed up as follows:

In favour of release:

The right of the public to have access to information. Disclosure will reveal reasons for decisions. The accountability of administrators and scrutiny of decision making processes. The information would make a valuable contribution to the public debate on the issue.

Replies by email to foi(il!nieathcoco.ie welcome Please visit www.meath.ie for Sec 15 & 16 Manuals

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You may appeal this decision to the head of this body at the address given above. To appeal, you need only write to Mr. Michael Arthurs, Senior Executive Officer, referring to this decision. You must make your appeal within 4 weeks of receiving this letter and enclose a fee of €75.00. Payment should be made by way of bank draft, money order, postal order or personal cheque and made payable to Meath County Council. The appeal will involve a complete reconsideration of the matter by a more senior member of the staff of this body.

In favour of non release:

Need to preserve confidentiality having regard to the subject matter and the circumstances of the communications. Release of records would impair a future decision. Premature release could contaminate the future legal process if invoked to such a degree that it would go against overall public interest in the longer term. Premature release could contaminate the decision making process.

I consider that at this time the balance lies with non release until all investigations and possible legal actions are completed in full by Meath County Council.

Conclusion -

In an attempt to make clearer the logging of your request, I have dealt with it as above. In the Schedule attached, I list the documents which are granted to you from file WMP2002/26 and enclose copies.

The delay in replying to your request is due to staff shortages and I wish to state my appreciation for the extra time allowed to issue this decision.

4. Rights of appeal

Yours sincerely,

A/FOI Officer

Replies by email to foi@nieatlicoco.ie welcome Please visit www.meath.ie for Sec 15 & 16 Manuals

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- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

_ _ _ _ _ Original Message----- From: h e r Davis Sent: 16 April 2005 11:49 To: donmacauley@eircom.net Subject: EW: RE: [Possible Spam] RE: Organic Gold

>From: Michael Griffin <mgriffin@meathcoco.ie> >To: 'Emer Davis' >Subject: RE: [Possible Spam] RE: Organic Gold >Date: Wed, 13 Apr 2005 10:42:23 +0100 > >Emer >My response to you have been deliberately vague, as I have no wish to >compromise this councils ability to seek compliance with the notification >of >non compliance . >I thank you for your report of additional material being imported and I >will >arrange confirmation of this claim by means of a site inspection this week. >Mi chae 1 > > _--__ Original Message----- > From: h e r Davis > Sent: 12 April 2005 14:SO > To: mgriffin@meathcoco.ie > Subject: [Possible Spam] RE: Organic Gold > > Michael, > > Any further news on the situation? It is well over a month since we >had the > meeting, and it just seems as if Organic Gold can do what they want >and how > they want. > > It would appear that the volume of waste has more than DOUBLED in >the last > week and a half. I have just seen a massive panda waste truck >deliver a > massive amount of waste to the yard. > > What exactly is happening? Can you give me exact details instead of >a vague > description?

> I await your response.

> Yours sincerely > > Emer Davis > >From: Michael Griffin <mgriffin@meathcoco.ie> > >To: 'Emer Davis' > >Subject: RE: Organic Gold > >Date: Mon, 04 Apr 2005 09:54:26 +0100

>

>

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> > > >her > >This process is now at a very delicate stage. MCC has issued >directives and > >has received responses from the company.1 have no wish to >compromise and > >legal route the Council may no wish to take, by making further >comment > >. The Councils position remains unaltered , in that we will explore >every > >opportunity to ensure that operations on the lower yard cease , >pending > >regularisation of the companies statutory obligations, . Those >options > >include legal action . > >Michael G K i f f in > > > > - _ _ _ _ Original Message----- > > From: Emer Davis > > Sent: 03 April 2005 18:22 > > To: mgriffin@meathcoco.ie > > Subject: RE: Organic Gold > > > > Dear Michael > > > > It is almost a week since our previous correspondance. I >would like > >to know > > if there has been any further developments on the situation. > > > > It would appear that Organic Gold are operating as if >everything was > >normal. > > Can you confirm that Meath CO CO are still in the >agreement that > >the yard > > should be shut down? Can you let me know if anything >concrete has > >been > > done, and if so what has happened? > > > > Is it possible that you send me a copy of the "direction" >issued to > >the > > company, by yourselves, earlier last month? > > > > I look forward to your response. > > > > Yours sincerely > > > > Emer Davis > > > > >From: Michael Griffin <mgriffin@meathcoco.ie> > > >To: 'Emer Davis' > > >Subject: RE: Organic Gold > > >Date: Tue, 29 Mar 2005 10:39:51 +0100 > > >

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> > >Emer > > > > > >MCC officials met with Organic Gold on Tuesday last. We >are now > > >considering all options , including legal action to obtain > >compliance with > > >our direction to the Company, issued earlier this month. > > > > > >Michael Griffin > > >SE0 > > >Environment Dept' > > > > > > ----_ Original Message----- > > > From: Emer Davis > > > Sent: 29 March 2005 1O:ll > > > To: mgriffin@meathcoco.ie > > > Subject: RE: Organic Gold > > > > > > Michael > > > I would like to inform you that there were terrible >smells > >coming > > >from the > > > yard at the weekend. How much longer will this be >allowed > >to > > >continue?

> > > What did the senior Council environment officials do >since > >your last > > >e-ma i 1 ?

> > >

> > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >progress has > >not been

I await your reply.

Yours sincerely

h e r Davis

>From: Michael Griffin <mgriffin@meathcoco.ie> >To: 'Emer Davis' <emerjdavis@rnsn.com >CC: Gregory Duggan <gduggan@meathcoco.ie> >Subject: RE: Organic Gold >Date: Tue, 22 Mar 2005 13:07:40 tO000 > >Emer >Our inspector visited the site today, >His findings have indicated that sufficient

> > >made, > > > >and > > > >senior Council environment officials will be >contacting Mr > >Finegan > > >today/ > > > >tomorrow

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> > > >Michael > > > > > > > > _ _ _ _ - Original Message----- > > > > From: Emer Davis

> > > > Sent: 22 March 2005 09:45 > > > > To: mgriffin@meathcoco.ie > > > > Subject: RE: Organic Gold > > > > > > > > Michael, > > > > > > > > Can you please let me know what happened >yesterday, > >when > > >your > > > >technicians > > > > were due to carry out an inspection? > > > > > > > > I would like to point out that there were >terrible > >smells > > > comi ng > > > >from the > > > > yard yesterday evening. How long more will >it take > >for the > > >yard to > > > >be > > > > cleared? > > > > > > > > > > > > I look forward to your response. > > > > > > > > Yours sincerely > > > > > > > > h e r Davis > > > > > > > > > > > > >From: Michael Griffin ><mgriffin@meathcoco.ie> > > > > >To: 'Emer Davis' > > > > >Subject: RE: Organic Gold > > > > >Date: Tue, 15 Mar 2005 14:21:48 +OOOO > > > > > > > > > >her > > > > >The notifications become effective from the >21st, I > >have > > >asked our > > > > >technicians to inspect on that date. > > > > >The council position is unaltered , in that >he must > >cease > > >accepting > > > >waste > > > > >at > > > > >this facility until compliance with all

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>MCC > > > > > > > > > > > > > > >

>requirements > >is > > >achieved. > > > > > > > > > > > >Michael > > > > - - _ _ _ Original Message----- > > > > From: Emer Davis > > > > Sent: 1 5 March 2 0 0 5 10:ll > > > > To: mgriffin@meathcoco.ie > > > > Subject : RE: Organic Gold > > > > > > > > Dear Michael, > > > > > > > > I would like to know if anything

>further has > > >happened since > > > >your > > > > >e-mail to > > > > > me. Organic Gold are still >accepting trucks > >with > > >waste, and > > > >it > > > > >would appear > > > > > that they are in no way beginning to >clear > >their > > >yard, as > > > >instructed

> > > > > Meath County Council. > > > > > > > > > > I l o o k forward to your comments. > > > > > > > > > > Yours sincerely > > > > > > > > > > Emer Davis > > > > > > > > > > > > > > > > > > > > >From: Michael Griffin > ><mgriffin@meathcoco.ie> > > > > > >To: 'Emer Davis' ><emerjdavis@msn.com > > > > > >Subject: RE: Organic Gold 08-03-05 > > > > > >Date: Wed, 09 Mar 2 0 0 5 1 0 : 0 3 : 1 8 >+oooo > > > > > > > > > > > >Emer > > > > > >Mr Finegan has been advised in >writing > >that he is > > >non > > > >compliance > > > > >with a

> > > > >by

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> > >number of conditions of his waste > > > >permit. > >He has > > >been > > > >instructed to > > > > > remove > > > > > >all waste material from his "lower > ya r d " > >within 14 > > >days of > > > > > > > > > >compliance > >with that > > > > > > > > > > > > >separate > >to and > > > > > > > > > > > > > > > > > > > > > > > > > > > >

>receipt > >of the > > >notice. MCC will be assessing

>requirement on > >21st > > >March. > > >The non compliance notification is

>independent of ,

>mgriffin@meathcoco.ie > > > > > >OB-03-05 > > > > > > > > > > > > > > > > >the > >cur Lent > > >situation > > > >in > > > > > > > > > > > > >informed > >of

>the > >activities in the large shed. > >Mi c ha el > > > > _ _ _ _ _ Original Message----- > > From: h e r Davis

> > Sent: 08 March 2005 17:13 > > To :

> > Subject : Organic Gold

> > > > Dear Michael > > > > Could you please let me know

>relation to > >Organic > > Gold? Has Mr Finegan been

> > > > > >to > > > >

> >closure? If > > >so, when > > > >and how > > > > >was he > > > > > informed, and by when has he

>clear the > >yard? > > > > > > > > > > Due to his not-compliance of

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1

>the > >conditions > > >on his > > > >permit , > > > > >Meath CO > > > > > >CO are > > > > > > now in a position to close >the yard > > ( as per > > >our > > > >meeting > > > > >last week). > > > > > >Does > > > > > > this same permit also cover >the work > >done in > > >the > > > >hangar > > > > >shed? > > > > 5 > > > > > > > I look forward to hearing >from you. > > > > > > > > > > > > Yours sincerely > > > > > > > > > > > > Emer Davis > > > > > > > > > > > > > > > > > > > > > > > > > > > Get a multi-day weather >forecast for > >all of > > >Ireland > > > >at MSN > > > > >Weather ! > > > > > > http://www.msn.ie/weather > > > > > > > > > > > . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > > > > > > > > > > > > > > > > > > > > > > > > > > > > >contain > >information > > >which > > > >is > > > > > > > > >the > >addressee > > >only. If

> >Meath County Council. > >E-mail:info@meathcoco.ie > >Web:www.meath.ie > >Te1:046-9021581 > >Fax : 04 6-902 14 63 > > > >This E-mail and any attachments

>private and > >confidential and is intended for

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EPA Export 25-07-2013:18:14:59