Certificate of Authorisation Application Form May, 2012 Former Finisklin Landfill Sligo County Council ______________________________________________________________________

1 Attachment B.1.

Attachment B.1. Land Ownership Details

The boundary of the former Finisklin Landfill for the purpose of the Code of Practice is

identified in Drawing No. B1, attached. The site area is estimated to be 13 Hectares

(Ha). In order to ensure that the boundary as presented is correct, Sligo County Council

retained the services of their legal advisor to undertake a review of all available

information, including leases. A copy of this legal opinion is also attached.

L 1 ll

C Ordnance SuiVay lr&land. All rlghla raeiVed. Licence No. 2008/11 CCMN Sligo Local Aulhorlllaa.

LEGEND:

Boundary within Ownership of Sligo County Council

A~){ MALONE O'REGAN ENVIRONMENTAL SERVICES LTD

Dr.owing

Tel: +353 1 260 2855 Fax: .,.353 1 280 2680 Email: envlro@moroe.ie

.. _.!:,__--~I 1-:':~------------1 Land Ownership Boundary Former Finisklin Landfill EPA Certificate of Authorisation Application

Drawing Number Slalus

81 Final Shl. Size

A3

Drawn

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Our Ref 79/1 0/A/BA

HEGAR T Y & A R MST RO NG

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SOLICITORS

TOP FLOOR, MILLENN IUM H OUSE,

; STEPH EN STREET , SLIGO , IREL AN D.

~ELEPHONE: 07 1-9 142648. FAX: 071-9 145839 . e-mai l: h&aso l ici tors@ mill ehouse .co m

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Your Ref 23 June 2010

Re: Finisklin Landfill

Dear Paul

I refer to your letter dated gth June 2010 and to our meeting on the 161h June 2010.

What is at issue here is the extent of the obligations on Sligo County Council under the Waste Management (Certification of Historic Unlicensed Waste Disposal and Recovery Activity) Regulations 2008 (SI No 524/2008).

The definition of a "closed Landfill", to which the obligation applies, in Article (3) of the Regulations is as follows:-

"closed landfill" means a landfill site operated by a local authority for the recovery or disposal of waste without a waste licence on any date between 151h July 1977 and 2ih March 1997 .... .

The Finisklin site was originally formed following the extension seawards of the Deepwater Port at Sligo. Basically what happened was that the port was built in a line north westwards from Sligo Town leaving a shallow foreshore area between it and the original coast line at Finisklin. As this extended part of the port is not shown on the 1875 Ordnance Survey Map it is clear that the worl< was done after that date . Following the construction of the extension, the foreshore area behind it began to get used by the community of the time for the disposal of waste in a rather unregulated way.

I enclose a copy of a map prepared at the time of the takeover of Sligo Harbour by Sligo County Council from the former Sligo Harbour Commissioners which was intended to show how the various sections of land were acquired by the Commissioners and a schedule of the transactions to which the references from HA 4 to HA 10 refer.

BRY AN ARMSTRONG B .C .L ., D ECLAN HEGARTY B .A .. EOIN ARMSTRONG B .C.L..

AINE MULDERRIG B.C .L . E lf EAIN CUNNINGHAM B.A . !. LL .B .

..__.

As can be seen from the map the area marked HA 5 was leased by the Minister for Finance to Sligo Harbour Commissioners in 1958 and the area marked HA 6 was leased by the Minister for Transport to the Commissioners in 1967. (The irregularly shaped areas were islands within the now filled in areas of foreshore.)

I believe that the areas then leased (ie HA 5 and HA 6) had been filled in before the 15th July 1977. I say that because part of HA 5 was subleased by the Commissioners in 1968 to an operation that was to import fuel through the Port and part of HA 6 was leased to a car recycling operation with effect from the 1st December 1978 and it must have been completed well before that. Also neither Sligo Corporation nor Sligo County Council had an interest in these parts of the site and there must be a question as to whether or not either could be said to have "operated" it. The Sligo Harbour Commissioners were not a Local Authority and were abolished in 2006.

The area described as HA 9 on this map was leased by the Minister for Transport to Sligo Harbour Commissioners in 1983 and was subleased by the Commissioners to Sligo Corporation the same year. The intent behind these leases was to provide for an extension to the Finisklin Landfill which would be operated by the Corporation. Although I was not involved in the matter as I did not act for the Corporation at the time, it was common knowledge that by then the use of the HA 9 area as a landfill had been under way for some time and that it was an effort to regularise an already existing situation.

I have been shown the map prepared by Malone O'Regan Environmental Services Limited showing the general area outlined in red and blue. The red area shows the part of the Finisklin land which is intended to be the subject of the Certification procedure under the Regulations and the blue shows the older part of the area which has been the subject of the earlier filling activity.

The red area includes all of the area which was the subject of the 1983 sublease to Sligo Corporation (and was therefore undoubtedly operated by the Local Authority) and also includes a section to the east about which there may be some doubt. In my view Certification of this area meets and probably exceeds the obligations of the Local Authorities under the regulations . It is proper to exclude the area outlined in blue because it was filled prior to the 15th July 1977 and in any event does not appear to have been operated by a Local Authority.

2

Mr Paul Hampson Senior Executive Engineer Sligo County Council Environment Section Cleveragh Sl igo

Enc

Yours sincerely

~~~~ BRYAN ARMSTRONG HEGARTY & ARMSTRONG

3

. ~- - -- \\ . - . --Harbour id Document no Title Title 2 Property a

HA1 Convey 31/07/1900 T. Barrett & Others to SHC

HA2 Convey 31/07/1900 T Barrett & Others to SHC

HA3 Convey 16/09/1880 T Barrett to SHC Plot 8 & 9 convey 11/09/1880 WT Vernon to SHC

HA4 Convey 11/09/1880 WT Vernon to SHC

HAS Lese17/11/1958 Minstr Finance to SHC Convey 14/01/1999 Minstr Finance to S H C

HA6 Lese 20/9/1967 Minstr Transport & Marine, Convey 24/12/1993 Minstr Marine & Finance to SHC

HA7 Lese 13/07/1966 Minstr Transport & Power to SHC

HAS Convey 19/05/1892 The Queens excellent Majesty & Board of Trade to :

HA9 Lese 26/09/1983 Minstr Transport & SHC

HA10 Lese 21/11/1986 Minstr Communications to SHC

HA11 Convey 21/06/1898 Commissionrs Public Works in I rei to SHC

HA12 Convey 21/06/1898 Commissionrs· Public Works in I rei to SHC

HA13 Convey 2/12/1823 W Vernon to Commissionrs Improving town of Sligo J Gillmor to Comm Of Improving town of Sligo

HA15 Convey 7/11/1857 J Lynn to Town & Harbour Commissionrs of Sligo

HA14 Convey 2/12/1832 J Gilmor to Commlssionrs lm_proving to~_ of~ligo

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isklin lf

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