RESIDENTS living close to an illegal waste-transfer station near Listowel say they are exasperated that the facility is still operating despite a court order in 2007 directing that it should close down. Speaking on the steps of Killarney Courthouse after Kerry County Council failed in its bid to jail the owner of South West Bins Ltd, Eoghan McEnery, residents at Carhooeragh, Kilmorna, said they have had to put up with constant noise, foul smells, swarms of flies and trucks operating from as early as 5am.

On Wednesday, Judge Terence O'Sullivan moved to adjourn the case, citing unusual circumstances despite a July 2007 Circuit Court direction from Judge Carroll Moran ordering Mr McEnery to shut down his waste transfer and dry recycling plant.

On that occasion the defendant was granted 15 months to leave the site. This date was subsequently extended by Judge McDonagh to April 2009.

With the facility still in operation, barrister for Kerry County Council, Elizabeth Murphy, said the council had no option but to lodge an application for imprisonment.

Defence barrister Henry Downing said his client intended to fully comply with the court order but the problem was time and an inability to find an alternative location.

"I'm here to say hands up, we have to move and I'm looking for time," the barrister stated.

Mr Downing said his client had looked at 26 sites before being granted permission for a €1.1m site in Dingle but was subsequently refused full operations by An Bord Pleanála, with only sorting of plastics and 'bulking-up' being allowed.

Mr Downing said the company had 10,000 customers in Kerry and West Limerick and forms an integral part of the waste management system in Kerry with 34 employees, 26 of whom are full-time.

Taking the stand, Mr McEnery said that permission at the Dingle site only allowed up to 25 per cent of full recycling operations, falling well short of his full requirements. The plaintiff added that two or three auctioneers had been working in the background looking for alternative sites and he had also sought four separate mergers. " I've exhausted every avenue," he said.

Mr McEnery said he had managed to locate a suitable alternative site, sheltered by trees, which is zoned for light industry but counsel for the plaintiff would not name the location.

The defence argued that if there was no objection it is anticipated planning would be achieved by the end of February. The nine acre site would take four months to develop into a suitable facility but if appealed it would take approximately a further six months, the court heard.

Ms Murphy, meanwhile, questioned why Mr McEnery had continued to advertise whilst operating from an illegal site.

"It's common practice to advertise when contracts are up for renewal," the defendant replied.

In adjourning the case until December when he could have the situation updated, Judge O'Sullivan said Mr McEnery was a significant contributor to the economy and was satisfied he was attempting to relocate the business.

"I appreciate that it is very irregular to adjourn a measure for attachment to committal but it is a very unusual set of circumstances," he stated.

Stating that the delay was partly down to a cumbersome system, he added: "Ultimately this has to end at some point; if he can't relocate will have to cease business."

Following the hearing, several residents living close to the site – on the R523 and on a bohareen leading up to the current site – said they were at their wits end.

"These people have put up with a massive nuisance with 20 or 30 tonne trucks moving continuously," local resident Tom Fitzgerald commented.

In a statement released within the hour, Mr McEnery said he fully intends to comply with the original order of Judge Moran to move his business.

He added that he would continue with his utmost efforts to finalise his move from Kilmorna and that "as much as anybody", he wants to leave Kilmorna.

- COURT REPORTER