Cavan County Council and waste management company appeal fines for “nuisance” landfill odours

Cavan County Council and Oxigen Environmental Limited have appealed fines totalling over one million euro imposed in 2012 for landfill odour nuisance offences. Both defendants pleaded guilty at Cavan Circuit Criminal Court to breaches of the Waste Management Act occurring between February 2007 and February 2009. Judge John O'Hagan fined the council €260,000 and Oxigen €780,000. At the Court of Appeal hearing, counsel for the local authority argued the fine was disproportionate to comparable environmental sentences and contended culpability was low, with the council making reasonable efforts to manage the problem. Oxigen's counsel submitted the fine calculation bore no relation to his client's circumstances. The Director of Public Prosecutions' representative noted neither defendant had provided financial statements to the sentencing judge. The court, comprising Justices Peart, Edwards and Mahon, reserved judgement on both appeals.