By Sorcha Crowley

Aurivo dairy co-op has been fined €350,000 today (Thursday, March 27) for charges, which caused a “foul odour” in summer 2022 through Ballaghaderreen, Co. Roscommon.

Aurivo Dairy Ingredients, (ADI), a subsidiary of its global agri-business, must pay €200,000 within six months and €150,000 in staggered payments of €15,000 over the next ten years, Judge Kenneth Connolly ruled at Sligo Circuit Criminal Court.

There were 64 counts in the indictment and the company pleaded guilty to 10 on a full facts basis.

The charges related to foul odours emanating from the plant that summer, discharge into the nearby River Lung and the failure to notify the Environmental Protection Agency (EPA) and Inland Fisheries Ireland (IFI). 

The first incident happened on June 2, 2022 when an effluent discharge from the plant was in breach of its industrial emissions licence. Further charges included the ADI’s coolant water being discharged also in breach of its licence. 

On dates in August and September 2022, ADI failed to comply with its licence which caused odours from the plant activity to impair or interfere with amenities or the environment beyond the boundary of its premises in Ballaghaderreen. 

ADI was also guilty of failing to notify the EPA of the June incident, and failing to notify IFI of an incident on August 1, 2022 as soon as was practicable in breach of conditions of its licence. 

The final charge related to emissions from activities carried out at ADI which impaired or interfered with the water quality of the River Lung on August 26, 2022. 

The court heard that testing revealed “serious impairment” of the river with water discolouration and a green fungus as a result of high levels of Ammonia in the water. 

Judge Connolly said that two months previously, in June, ADI had “ignored their own testing results” and allowed the situation to continue.

“It seems to me the company was happy to ignore the EPA guidelines. I’m entirely satisfied from the evidence of the EPA officer that matters deteriorated in June and were allowed to compound until they got to the stage they did,” the judge said. 

Judge Connolly said the River Lung was also affected in terms of the quality of the water and general amenity, but “fortunately there was no fish kill,” he added. 

The court also heard of public meetings held by Aurivo Dairy Ingredients and public members. Aurvivo awarded €10,000 to the community for local development on the back of these meetings.

Judge Connolly said he was fully assured that ADI was now “fully cognisant of all of the requirements of its licence and reporting protocols were now in place.”

He said ADI was a “very impressive business” and the hot, dry weather conditions of summer 2022 had significant wind patterns that affected the operation of the plant, which he said was “struggling to cope with summer milk volumes.”

The judge said ADI was a contributor to the community, that it was a huge milk processor, and a significant employer in the area. He noted ADI had invested €4 million in the treatment of effluent, which was “a relatively significant sum” despite their large turnover. 

“My hope is that from this wake-up call we will not have a repeat of the summer of 2022,” he said, adding that the community of Ballaghaderreen would be "relieved". 

In deciding on penalties, Judge Connolly said the culpability of the offending was in the “upper end” of the seriousness of the offences.

For the foul odour counts the judge fined ADI €100,000, €75,000 for the effluent discharge, €50,000 for the discharge of the coolant water, €100,000 for failing to notify the EPA.

He also fined ADI €100,000 for failing to notify Inland Fisheries Ireland and €75,000 for the impairment of the River Lung - €500,000 in total. 

The judge also noted however, the €500,000 spent by the firm in removing sludge and their investment of €4 million, which he said showed they had “got their house in order since.”

He ordered ADI to pay a €200,000 levy within six months. Of the remaining €300,000, he reduced it by half to €150,000 with conditions.

ADI has committed to investing €10,000 p.a. into the Ballaghaderreen local community and €5,000 p.a. into the general amenity of the River Lung, both to be paid each year for the next ten years. 

This arrangement he said would “greatly protect the cash flow of the company and its profit margins” going forward. 

Counsel for the DPP Mr Leo Mulrooney BL, instructed by Roscommon State Solicitor Mr Kieran Madigan, asked that costs of €2,172 be awarded to the EPA, which the judge granted.

Meanwhile in a statement to Agriland this evening, Aurivo acknowledged the fine imposed and stated that it "remains committed to maintaining the highest standards of environmental responsibility".

Aurivo Dairy Ingredients stated: “Aurivo takes the matter of compliance with its wastewater treatment plant licence conditions very seriously and has worked hard to ensure the site is fully compliant and operates to the highest standards.”

Aurivo has invested over €4 million in its waste-water treatment facility in Ballaghaderreen since 2020, with the phased works being completed in 2023 and the company stated that it “sincerely regrets” the incidents that occurred in 2022.