December 12th 2015

Never have I read such bullshit. The man, predictably, is totally incompetent and has no knowledge of the subject at issue. A total and very poor quality bluffer. I don’t mind the inefficiency so much but I have a serious dislike of anyone who regards me as a moron.

Mistake, Mr Senior Engineer!
Time to respond to Mr Tom Murtagh, Senior Engineer.

Mr Murtagh,

1.      I refer to your response to my queries regarding the Ballymulvey Tip head which response was incorporated into a letter to me from Frank Gearty dated 18 December 2015.

Background

2.    In a gesture of beneficence I recently met with Mr Gearty, principal of Longford County Council’s firm of solicitors.  Importantly, Mr Gearty and I had stepped outside the sphere of normal legal protocol to act in the best interests of the County and its future. Mr Gearty had taken prior instructions from the Acting County Manager regarding our meeting.

3.    One factor that influenced my decision to adopt this approach was the fact that the County Manager had outstanding issues with the Standards in Public Office personnel. Contempt of court and non-compliance with Circuit Court Orders would scarcely have improved his position.

4.    I understand that as a result of this submission the Acting Manager entrusted you with the task of dealing with the matter at hand. I am at a complete loss as to why she did not delegate this serious issue to someone who might have a basic knowledge of the relevant background or someone who might be prepared to apprise himself of the salient facts.  In this regard, your response is riddled with inaccuracies and entirely devoid of logic or truth.

Your Response

5.     You assert that “the entire area of the Ballymulvey Landfill was capped”.

Not true!
Only the active cell area was capped while all the adjacent areas, including the ‘lagoon’ and the surrounding bog area were never capped.
6.    You continue: “with imported capping material more than 20 years ago”.
Not true!

Capping material was never imported onto this site. Perhaps you might inform me of the nature and composition of the actual material used and further confirm that you believe this material to be non-toxic.  See report from Environmental Management Services dated 2 December 2003 commissioned by Tormey & Co. Solicitors:

“Our report of the fourth inspection listed some 18 breaches of the 1992 Consent Order, and we recommended that a full assessment of the County Council’s non-compliance with the requirements of the Consent Order would need additional investigations, including analysis of the fuel ash on the landfill surface, information on how the ash was applied, and how the surface was subsequently treated”.

You might further supply me with a copy of the permission from the Department of the Environment that empowered the Local Authority to dispose of the aforementioned material at this location and for this purpose.

7.     You continue “in the summer of 2003, topsoil was placed on top of this capping layer and this was then planted”.

Not true!

In actual fact the area capped was never planted, and this remains the case to this day.

8.    You add that “the landfill area is surrounded by a chain link fence”.
Not true!

Only a section of the landfill is surrounded by a chain link fence as you would see for yourself if you bothered to visit the location.

9.    You assert that “Longford County Council staff monitor the site on a regular basis”.
Not true!

This is patently inaccurate. If what you say is true please describe the monitoring model used and the frequency of such monitoring. Please confirm what you say in this regard by supplying me with the monitoring results for the last 22 years as per item 14 (schedule A) and item 5 (schedule B) of the Consent Order of the Circuit Court dated 6 October 1992 (the “Court Order”).

10.  You further state that “this is considered to be an appropriate way to manage this site as any asbestos waste material in such a location would not come to the surface and thereby cause a risk to the public”.

Not true!

In this instance the asbestos was buried illegally and without the consent of the EPA or any other agency.  The Council has no idea of the location or depth of the asbestos and this criminal approach could hardly be characterised as “an appropriate way to manage this site”.

11.  You further state that “landfill sites such this location are placed on a national register by the Environmental Protection Agency”.

Not true!

Sites that are operated on a legally compliant basis may be designated in such manner but this particular site was never legally or properly managed.  Please adduce documentary evidence that the EPA approved of the disposal of 3000 bags of blue asbestos in advance of that activity at this location.  Moreover, please provide an extract from the register to which you refer showing that Ballymulvey Tip head has been included.

12.You conclude: “I trust this information will be of assistance to Mr Walsh”.

Not true!

How could such a compendium of untruths, inaccuracies and specious nonsense be of assistance to anyone?

13.Mr Murtagh it is time to withdraw your head from the sand and indicate that you are prepared to face up to your responsibilities in this matter.  To my mind this would require you to do the following:

·        Indicate what plans you have in place to address the eighteen outstanding (continuing) items of non-compliance with the Court Order.

·        Please confirm that the lands in question will be rendered sterile and free from all possible activity indefinitely.

·        Please confirm that the promoters of the development project, presently in planning, will be in receipt of full legal disclosure of the situation as this must have an impact on their Environmental Impact Assessment and the Environmental Impact Statement as these describe the positive and negative environmental effects of any such proposed action.

·        Have you considered the question of ‘Mandatory Disclosure’ that would be a factor in the Promoters’ procurement of project insurance cover during the construction phase and subsequent running of the holiday village?

·        Please confirm that your adopted stance on the asbestos issue has the approval of the Chief planning officer Mr Donall Mac An Bheatha. I know Mr Mac An Bheatha to be a consummate professional and cannot conceive of him adopting a laissez faire approach in respect of an issue for which he has ultimate responsibility at County level.

Conclusion

14.Are you prepared to have your ‘response’ critically assessed if you consider it to be adequate and accurate?  Should you wish to debate the merits and de-merits of your treatment of this issue on any platform of your choosing I will certainly accommodate you and bring with me the requisite legal and scientific supports to confirm the accuracy and veracity of any claims I might make.

15. In conclusion, Mr Murtagh, what you have achieved by your cavalier and risible response to a sincere effort to assist the Local Authority is to suspend the Sword of Damocles directly above your own head and those of all Directors of Service of Longford County Council, past and present.

I eagerly await your response,
Patrick J Walsh.