Cork river pollution case: Judge seeks progress report in Irish Water prosecution

Tom Tuite

A judge has adjourned a prosecution against Irish Water for contaminating the Co Cork habitat of an endangered mussel for a progress report on a new water treatment to be completed in 2024.

The utility was before Dublin District Court again following an 11-month adjournment in the case taken by the Environmental Protection Agency (EPA).

It has admitted eight counts of breaching the terms of its licence in connection with levels of ammonia and orthophosphate from a wastewater treatment plant in Boherbue, in Co Cork.

The existing plant discharges into the Brogeen river, a protected conservation area and home to the freshwater pearl mussel.

Eoghan Cole BL, for Irish Water, told Judge Anthony Halpin the timeline for completion of a new plant was March 2024.

Judge Halpin adjourned the case until February 27th.

Extinct

Earlier, Judge Halpin said he was conscious that this mussel species could be extinct. However, keeping the case before the court would concentrate minds, and he had said that he could see that Irish Water was now doing its best.

In January, he adjourned the case to ensure work had started on the replacement facility.

At a previous hearing in 2021, EPA inspector Patrick Chan had said the freshwater pearl mussel was an important species, mainly found in Ireland and Scotland, but on the verge of extinction.

Mr Chan agreed upgrade work was supposed to be done by 2014, but the deadline was pushed back to 2019 and 2021.

Irish Water was already fined €4,000 for not having the Boherbue plant rebuilt on time.

The court heard that the level of ammonia discharged into the river was not supposed to exceed 0.5mg per litre, as stated in the plant’s licence, but it has been seven times that over the last four years.

Five times the set limit for orthophosphate discharged into the river. The pollutants had consequences for the freshwater pearl mussel, the inspector said.

Upgrading the treatment plant was necessary to protect the species, Mr Chan had added.

The court heard Irish Water had prioritised capital upgrades in the Cork city area and recognised the seriousness of the issue.