Ballymore Eustace proposed new Sewage Treatment Plant

Following the Part 8 approval of the Ballymore Eustace proposed new sewage treatment plant by Kildare County Council on Monday 30th June 2008 a meeting was arranged between the following parties, Kildare County Council, Consultants Nicholas O’Dwyer and the Ballymore Eustace Trout and Salmon Anglers’ Association.

The meeting took place at the site of the existing sewage treatment plant at The Strand, Ballymore Eustace on Tuesday 8th July 2008 at 11. 00a.m.
Present for Kildare County Council Water Services were Alan Dunney and Clodagh Lyons. Nicholas O’Dwyer Consultants were represented by Terry O’Flannagan.
The Association was represented by Gary Bolger, Myles Byrne and Tommy Deegan.

The new sewage treatment plant will be located on the Coughlanstown Road at the far end of the KTK Landfill Site at its border with Campbell’s and Mulryan’s. A new pumping station will be constructed at the existing sewage plant site at The Strand. There will be no changes to the present sewerage system in the village of Ballymore Eustace.

A new large manhole will be constructed at the Liffey Bridge entrance to pick up the present sewage and surface water systems and from this point onwards a new system will be constructed. The old inlet pipe and manholes will be dug up and replaced by a new pipe. This will do away with the present situation where raw sewage overflows into the Liffey from the present inlet pipe manhole.

The existing roadway/entrance to the sewage plant will be moved nearer to the river side of the site i.e. the new roadway/entrance to pumping station will be built over the position of the old inlet pipline. This is to facilitate the new bungalow being built on the Strand. The new gateway entrance at the Bridge will be as per Larry Glancy’s bungalow plans. Kildare County Council will erect a new stud type railing along entrance roadway at Riverside Walk and may have to build a retaining wall alongside roadway entrance.

The new Pumping Station will be constructed on the present sewage plant site. However, the area of the present site will be reduced considerably. The area not being used will be handed over to the community for incorporation into Riverside Walk/Linear Park. Old fencing around the present plant will be removed and overgrown hedge on right hand side (viewed with back to Bridge) will be trimmed and the site landscaped as per consultant landscaper’s advice. New fencing will be erected. The Association requested that all services be laid underground.

The new Pumping Station will consist of a large combined underground foul sewage /stormwater tank with one overflow to the Liffey. Normally there will be no overflow whatsoever from Pumping Station to the Liffey. However, in the event of a severe storm (five year storm) the plant will overflow to the Liffey. We were assured the quality of the overflow, should it happen, will be better than the existing discharge as there will be a screening process in place. The Pumping Station will be fitted with a duty pump and an assist pump and these will be in operation at all times to pump sewage to the new Sewage Treatment Plant at the Kimmeens. The will also be a stand-by pump fitted, i.e. three pumps in total. A stand-by generator will be fitted and in the event of an electricity failure this will cut in automatically.

The only overground structures at the Pumping Station will be a staff building with kitchen and wash and toilet facilities. There will also be a permanent gantry to lift the pumps for maintenance.

Following discussions it was agreed to ask the landscape consultant to recommend a surface dressing for the Riverside Walk pathway, which would be in keeping with its location. A request that Kildare County Council grade the land alongside the pathway so that the grass could be cut using a lawnmower rather than a strimmer was considered to be too expensive.

The rising main from the Pumping Station will be laid using an underground boring machine which will eliminate the need for a continuous trench to be opened. The pipes will be welded together, probably in 100 metre sections and then pulled underground. Trenches or manholes will have to be opened to connect the pipes.

The old surface water block drain at the end of Reilly’s Lane will be piped into the River. The Kildare County Council officials agreed to look at the possibility of constructing a disabled anglers facility at the end of Reilly’s Lane but no commitment was given.

The rising main will then go into Doran’s Park and cross to the Coughlanstown Road through the Dublin City Council pipeline wayleave and from there up the road to the Sewage Treatment Plant site at the Kimmeens.

The outfall from the Sewage Treatment Plant will be laid alongside the rising main and will come back down the road and discharge into the Liffey at Kane’s Ford. The new plant is designed for a Population Equivalent (P.E.) of 2000 with a proposed effluent quality of Biological Oxygen Demand (BOD) 25 mg/l; Total Suspended Solids (TSS) 35mg/l: and Total Phosphorous (total P) 2mg/l. This compares with the present plant which has a BOD, 189 mg/l; TSS, 174 mg/l: and total P, 8 mg/l. Phosphorous removal will be carried out by dosing Ferric Chloride and not Aluminium Sulphate. When the Sewage Treatment Plant reaches its full capacity, solids removal will be necessary about once per month but not a often as this in the meantime. The solids/sludge will be transported to Osberstown Sewage Treatment Plant for further treatment, such as drying, and will then be converted into pellets for fertilizer use.

The Association was devestated to learn by letter dated 26th February 2009 from the Director of Services, Water Services, Kildare County Council that due to the present economic crises the need for the proposed new Sewage Treatment Plant for Ballymore Eustace was being reviewed by the Department of the Environment and the following letter has been forwarded to the Minister for the Environment

“Ballymore Eustace Trout and Salmon Anglers’ Association

Broadleas, Ballymore Eustace, Co. Kildare.

9th March 2009

Mr. John Gormley,
Minister for the Environment, Heritage and Local Government,
Dail Eireann,
Dublin 2,

Re: Proposed New Sewage Treatment Plant at Ballymore Eustace

Dear Minister,

Since it was founded in 1974 the above Association has been asking Kildare County Council to upgrade the overloaded, antiquated and disgraceful Sewage Treatment Plant at The Strand, Ballymore Eustace to prevent it polluting the River Liffey.
In the mid 1980’s Kildare County Council informed us that Ballymore Eustace would be connected to the Upper Liffey Regional Sewage Treatment Plant at Osberstown, Co. Kildare. This never materialized and then the Council informed us that they would construct a separate Sewage Treatment Plant in Ballymore Eustace but this never materialized either.

In 1998 Kildare County Council gave Planning Permission to a Private Developer to construct a new Sewage Treatment Plant on the site of the County Council Plant but when An Bord Pleanala refused planning permission for the proposed huge development that the Private Developer wished to construct in Ballymore Eustace, the Developer, naturally, did not construct a new Sewage Treatment Plant in Ballymore Eustace. By this time raw sewage was overflowing into the Liffey from the Council’s glorified septic tank.

Raw sewage continues to overflow into the Liffey at Ballymore Eustace on a regular basis but still no upgrading of the Sewage Treatment Plant materialised even though downstream of Ballymore Eustace at Leixlip, a large drinking water supply is taken for parts of Dublin City.

The Association continued to make representations to Kildare County Council and to the EPA but still nothing has been done to prevent the pollution of the Liffey at Ballymore Eustace.

In 2006 Kildare County Council passed a Part 8 motion to construct a new Sewage Treatment Plant at Susheen, downstream of Ballymore Eustace village and the Association was delighted that at last something was being done that would prevent raw sewage entering and polluting the Liffey. However, our delight was short lived as the proposed site was deemed unsuitable by the Health Service Executive.
A new Part 8 was passed by Kildare County Council on 30th June 2008 and again the Association was delighted that a new site for the Sewage Treatment Plant had been found at Kimmeens, Ballymore Eustace and we were sure that everything was going full stream ahead when we saw all the test boreholes and surveys being carried out. We were devastated to learn in a reply dated 26th February 2009 from the Director of Services, Water Services, Kildare County Council that the Department of the Environment is now assessing the need for a new Sewage Treatment Plant in Ballymore Eustace. For over thirty years there has been need for a new Sewage Treatment Plant in Ballymore Eustace unless we are to be left to wallow in our own excrement and continue sending sewage polluted water down to Leixlip.

In March 2004, planning permission was granted for 11 houses in Ballymore Eustace but a condition attached stated the houses could not be occupied until the Sewage Treatment Plan was upgraded. Needless to say, we don’t have these houses.
In March 2005, planning permission was granted for a Nursing Home in Ballymore Eustace but again the Nursing Home could not be occupied until the Sewage Treatment Plant was upgraded. We do not have a Nursing Home.

In 2006 An Bord Pleanala refused planning permission for 12 houses and some commercial development in Ballymore Eustace. The only reason for refusal was that there was no proper Sewage Treatment Plant in Ballymore Eustace and the Liffey was already polluted by the existing overloaded plant.

An Bord Pleanala have refused planning permission for three other proposed developments in Ballymore Eustace citing the lack of a proper Sewage Treatment Plant as one of the reasons for each refusal.

The lack of a proper Sewage Treatment Plant has curtailed all development in Ballymore Eustace in recent years and this was borne out by the 2006 Census that showed a reduction in the population of the village.

The latest planning permission granted in the village was for four houses on the 20th March 2008 but again they cannot be occupied until a new Sewage Treatment Plant is constructed.

The above Association respectfully begs you to give Kildare County Council the go ahead for the construction of the New Sewage Treatment Plant at the Kimmeens, Ballymore Eustace and finally bring an end to pollution of the Liffey by raw sewage and allow the village to develop rather than stagnate and die.
Yours sincerely,

______________________________
Thomas Deegan
Honorary Treasurer”

It was hoped the have the Sewage Treatment Plant in operation in the first quarter of 2010.

The Association learned from Kildare County Council on 12th May 2009 that the Department of the Environment now want the local Developers to fund 60% of the cost of the proposed new sewage treatment plant. On hearing this the Association wrote to Jack Wall T.D. on the 12th May requesting him to ask a Parliamentary Question regarding the status of the proposed new sewage plant in Ballymore Eustace.

The following is the question submitted by Jack Wall dated 14th May 2009.

“To ask the Minister for Environment Heritage and Local Government the up to date position in relation to the provision of a new sewerage treatment plant (Details supplied). The views of the Minister in relation to the attached submission that expresses major concern in relation to the delays in regard to the need for the provision of a new plant and if the Minister will make a statement on the matter.

Ballymore Eustace Trout and Salmon Anglers Association, Ballymore Eustace, Co. Kildare.

For written reply.

Jack Wall.”

The Minister replied as follows dated 20th May 2009

“Reply

Minister for the Environment, Heritage and Local Government (Mr. Gormley):

The Ballymore Eustace Wastewater Treatment Plant was included for funding in my Department’s Water Services Investment Programme 2007-2009 under the Services Land Initiative.

Last month, my Department, following a review of the Serviced Land Initiative in light of developments in the economy at large, and in the housing market in particular during 2008, and having regard to the oversupply of housing in some areas, informed all local authorities that the Initiative was being discontinued. All existing scheme approvals under the Initiative, for which contracts had not being signed or letters of intent had not issued, were withdrawn.

However, local authorities were also informed that where they are of the opinion that the continuation of a scheme is necessary for the proper development of an area, it is open to the relevant authority to make a case to the Department by 29 May 2009 for the scheme to progress. My Department will consider any case that Kildare County Council may make within the specified time limit in respect of this project.”

Jack Wall agreed to contact the Water Services Senior Engineer, Kildare County Council about this reply.

The Ballymore Eustace Trout and Salmon Anglers’ Association sent a letter to the Minister dated 26th May 2009 with enclosed photographic evidence of the raw sewage (see example below) in the Liffey and the disgraceful discharge from the Sewage Plant and a copy was sent to Michael O’Leary and Jack Wall T.D.

Jack Wall responded by letter dated 27th May 2009 with an accompanying letter he had sent to Minister Gormley and another to Michael O’Leary, Water Services Senior Engineer, Kildare County Council.

The following letter dated 2nd July 2009 was sent by the Association to Jack Wall T.D.

“Re: Proposed New Sewage Treatment Plant at Ballymore Eustace

Dear Jack,

With reference to your letters dated 27th May 2009 to Mr. John Gormley, Minister for the Environment, Heritage and Local Government and Mr. Michael O’Leary, Director of Services, Kildare County Council, for previous correspondence and Parliamentary Question making representations on our behalf, seeking approval for the construction of the proposed new sewage treatment plant at Ballymore Eustace, I wish to let you know that apart from the acknowledgements received by you which you kindly forwarded to me, the Association has received no further information to date.

I assume that the Minister, Mr. John Gormley T.D. and Mr. Michael O’Leary, Kildare County Council are just sitting on the matter, probably one blaming the other, and nothing is happening.  Meanwhile, the Liffey at Ballymore Eustace will continue to be polluted by the discharge from the present overloaded and obnoxious plant, development in the village will continue to be non-existent, jobs will be lost and the present dilapidated sewage plant site will once again be a black spot in this years Tidy Towns Competition.  Makes you wonder why we spend a lifetime volunteering for community work?

On behalf of the Association, I wish to thank you for your efforts on our behalf.”

As a result, Jack sent the following letter dated 7th July 2009 to Mr. John Gormley, Minister for the Environment.

“Dear Minister,

Further to previous correspondence (copy attached) and on receipt of further representations from Mr. Thomas Deegan of River Grove, Broadleas Commons, Ballymore Eustace, Co. Kildare Secretary of the Ballymore Eustace Trout and Salmon Anglers Association (Copy attached) I ask through your good offices the up to date position of his query regarding the provision of a new treatment plant and the rectification of the major problems the members of his Association see on the river every day due to lack of proper infrastructure.

The Association has over the years been very pro-active in promoting their sport through the various means and as a result they are playing a major part in providing facilities that not alone can the people of Ballymore and its hinterland enjoy, but many tourists be they Irish or international as well.

The river Liffey is such an important part of Kildare as well of course Dublin our capital city, thus if we do not deal with this problem as a matter of urgency we are destroying one of our great amenities.

Any assistance in bringing this very serious matter to a successful conclusion would be greatly appreciated by everyone concerned and that is not only those that fish but many more organisations and indeed the general public who use the walkways etc. of the river for recreation or pastime purposes.

Please help to resolve this issue.

I look forward to hearing from you. Best regards.”

The Association sent the following letter dated 17th August 2009 to Jack Wall T.D.

“Re: Proposed New Sewage Treatment Plant at Ballymore Eustace

Dear Jack,

With reference to your previous correspondence and representations on our behalf we are extremely disappointed that the Minister for the Environment, Heritage and Local Government, Mr. John Gormley has not yet seen fit to sanction the construction of the proposed new sewage treatment plant for Ballymore Eustace.  How much longer must the people of Ballymore Eustace put up with third world conditions regarding raw sewage pollution of the Liffey?  How much longer is the Minister prepared to gamble with the health of the people of Kildare and Dublin whose drinking water supply taken from the Liffey at Leixlip is polluted by raw sewage?

As you are aware the Supreme Court has decided that Kildare County Council must grant default planning permission to Abbeydrive Developments Ltd for the construction of 140 houses at Ballymore Eustace.  It is inconceivable that these houses can be connected to the present overloaded, obnoxious sewage treatment plant.  Also, there are a number of developments in Ballymore Eustace with planning permission, but with a condition imposed by Kildare County Council and An Bord Pleanala that they cannot start construction until a new sewage treatment is built and operating.  It would be a travesty of justice if 140 houses can now be connected to the old plant without this condition being attached.

Surely the need for a new sewage treatment plant for Ballymore Eustace is self evident to any Minister for the Environment let alone a “Green” Minister.  The Minister should hang his head in shame that such conditions still exist in this day and age.  Are the Water Framework Directive, Habitats Directive, River Basin Management Plans etc just a load of hypocrisy?  The current economic recession is no excuse for the lack of such a basic necessity.

On behalf of the Association, I wish to thank you for your efforts on our behalf.”

Jack Wall forwarded this letter to Minister Gormley accompanied by a letter dated 18th August 2009 in which he asked the Minister for “the up to date position in regard to the provision of the new sewerage and what is the Dept’s position in regard to the Supreme Court decision.”

Jack also asked the Minister to “please help to resolve this issue.”

Lack of a response from the Minister prompted Jack Wall to table the following Parliamentary Question to the Minister for the Environment dated 17th September 2009.

“To ask the Minister for the Environment Heritage & Local Government if any further progress has been made in regard to the provision of a new sewerage scheme for a town (details supplied) given the recent Court decision and the deep concerns expressed to the Minister by a local angling club and if he will make a statement on the matter.

For written reply

Jack Wall”

The Minister for the Environment, Heritage and Local Government Mr Gormley replied on the 23rd September2009 exactly the same as the previous reply except for the last sentence which now reads “My Department is assessing the responses received, including that from Kildare County Council, and the decisions on the schemes to progress will be conveyed to the relevant local authorities as soon as possible.”

Jack Wall dated 1st October 2009 tabled the following Parliamentary Question.

“To ask the Minister for Environment Heritage & Local Government further to P/Q no.164 Ref. No. 32738/09 the number of applicants submitted by Kildare County Council and the areas covered by the applications? and if he will make a statement on the matter. For written reply.”

Jack Wall also received a letter dated 9th October 2009 from Minister Gormley saying the same as the reply to the parliamentary question.

In a letter to the Association dated 13th October 2009 Jack states inter alia “At last it has been established that the Dept. is now examining applications including Ballymore under the Water Services Investment Programme. This now gives us a base to work from and I will speak to our Environment spokesperson Mr. Ciaran Lynch TD asking that he use every opportunity to raise this very important issue.”

The Association received further correspondence from Jack Wall dated 21st October 2009enclosing a copy of another Parliamentary Question and Reply as follows:

Question No. 489

“To ask the Minister for the Environment, Heritage and Local Government the number of applications received by his Department under the Water Services Investment Programme 2007 to 2009; the estimated cost of each project; if any of the projects have been granted approval at this stage; and if he will make a statement on the matter.

For WRITTEN answer on Tuesday, 20th October, 2009.

Ref No: 3681/09”

REPLY

“Minister for the Environment ,Heritage and Local Government (Mr. Gormley):

Details of all major water and wastewater schemes that are included for funding by my Department, together with the estimated cost of each project, are set out in the Water Services Investment Programme 2007 – 2009 which is available in the Oireachtas Library.

The Water Services Investment Programme 2007 – 2009 includes schemes where construction was ongoing at the start of the programme period, as well as further schemes to start construction or advance through planning in the years 2007 to 2009. My Department’s approval is required at many of the key stages of advancement of these schemes.  The level of involvement can vary from two to four occasions during the life of the scheme, depending on the nature and value of the scheme. Approximately 120 to 150 schemes/contracts have been under construction at any one time over the period of the current Water Services Investment Programme.

Additional information in relation to progress on individual contracts under this Programme may be obtained from the relevant local authority.”

In his letter dated 21st October 2009 Jack states “I will continue to make representations in regard to this very important matter and I have asked Mark to raise it as stated in the reply at Local Authority level by way of a question at the area Committee and a motion at Council level.” —

The Association learned of a new twist to the saga when contacted on the 22nd December 2009 by Leinster Leader Reporter Laura Coates who was preparing an article for inclusion in the Leinster Leader dated Thursday 24th December 2009. In her article Laura informs her readers that “Cova , a property management company representing developers with interests in the Kildare village, have offered to come up with €1.8 million of the total cost of the plant, estimated at €3 million. In a letter to Kildare County Council dated November 16, Cova offered to pay Kildare County Council’s portion of the cost of the plant. The rest of the money is due to be met by the Department of the Environment.”

In email correspondence with Jack Wall T.D. Jack  told the Association “we are aware of the offer and Mark (Cllr. Mark Wall) has sought to arrange a meeting with the Group and the Council but there is a refusal at this stage on the Council’s part because they state there is still work to be done re the Supreme Court case. We will keep you updated as to any progress.”

The Supreme Court case refers to Abbeydrive Vs Kildare County Council

We wish to thank Jack Wall T.D.  and Mark Wall for their representations and persistance on our behalf.

As part of their response dated 28th January 2010 to a request from the Environmental Protection agency (EPA) with regard to thei application for Waste Water Discharge Licence (WWDL) Kildare County Council gave the following information:-                    “(ii) Kildare County Council has submitted an updated Assessment of Needs for “water Services Investment Programme 2010 – 2012″ to the DoEHLG (on 23/10/09). Included in this assessment is the new WWTP for Ballymore Eustace, which has been identified as a needs priority for some time. The estimated project cost is €2.5m. The scheme is currently being processed under the Serviced Land Initiative Programme and there is recognition of the possibility that this project may need to transfer to the main capital investment projects list having regard to current funding shortfalls.

Tender documents are nearing finalisation stage and the project could feasibly advance to tender in the summer of 2010, subject to the required funding being made available. Allowing for completion of the tendering process, the award of a contract, and an estimated construction period of 12 months from start of works on site, and subject to funding, the new plant could be completed by mid 2012.”

Having read this the Association were very concerned and wrote the following letter to Jack Wall T.D.

Ballymore Eustace Trout and Salmon Anglers’ Association

 Broadleas,
Ballymore Eustace,
Co. Kildare
8th March 2010

Mr. Jack Wall T.D.
Leinster House,
Dublin 2

Dear Jack,

On looking up the Environmental Protection Agency (EPA) website over the weekend I came across a reply dated 28th January 2010 from Kildare County Council to the EPA’s request for further information concerning the Council’s application for a Waste Water Discharge Licence (WWDL) for the proposed new sewage treatment plant for Ballymore Eustace.

Firstly, I’m amazed that Kildare County Council can apply for a WWDL for a proposed sewage plant.  This proposed sewage plant has had it’s Serviced Land Initiative funding withdrawn by the Minister for the Environment, Heritage and Local Government, Mr. John Gormley T. D., even though the old dilapidated, primitive plant discharges raw sewage at times into the Liffey at Ballymore Eustace, the source of much of northside Dublin’s drinking water supply taken from the Liffey at Leixlip.  I suppose if, God forbid, the people of northside Dublin get sick from drinking contaminated water, the powers-that-be will claim they were unaware that raw sewage enters the Liffey at Ballymore Eustace.

Kildare County Council in their reply to the EPA state,
“(ii) Kildare County Council has submitted an updated Assessment of Needs for “Water Services Investment Programme 2010 – 2012″ to the DoEHLG (on 23/10/09). Included in this assessment is the new WWTP for Ballymore Eustace, which has been identified as a needs priority for some time. The estimated project cost is €2.5m. The scheme is currently being processed under the Serviced Land Initiative Programme and there is recognition of the possibility that this project may need to transfer to the main capital investment projects list having regard to current funding shortfalls.

Tender documents are nearing finalisation stage and the project could feasibly advance to tender in the summer of 2010, subject to the required funding being made available. Allowing for completion of the tendering process, the award of a contract, and an estimated construction period of 12 months from start of works on site, and subject to funding, the new plant could be completed by mid 2012.”

It appears that the pollution of the Liffey will continue, given even the most optimistic scenario, until at least mid 2012.  I must express my concern for the health of young anglers in particular, who will retrieve fishing lines by hand through contaminated Liffey water throughout the 2010, 2011 and 2012 angling seasons and also hope that no health issues arise for the people of northside Dublin who have to drink Leixlip water.  What should be our most valuable asset is instead a disgrace.

The whole sewage plant issue at Ballymore Eustace is grossly unfair e.g. planning permission was granted (P.A Ref. 012264) on 9/08/04 for a 59 bed Nursing Home at Tinnycross with a condition by An Bord Pleanala that construction could not begin until a new sewage treatment plant was constructed. A recent planning application (P.A Ref. 091262) is also seeking permission to construct a Nursing Home along with 52 houses at Doran’s Park.

Development in Ballymore Eustace is non existent due to the lack of sewage treatment facilities.  I have enclosed a list of planning applications and permissions in Ballymore Eustace (compiled for Tidy Towns).  Of those that were refused, the lack of sewage treatment facilities was quoted as a reason for refusal.  I have placed an asterisk on those that were granted permission but have a condition attached that construction cannot begin until the new sewage plant is built.  The planning application that is doing the rounds of High Court/Supreme Court/High Court and possibly back again to the Supreme Court is highlighted in italics.  The Village could do with the employment/economic activity that these developments with planning permission would provide but obviously the Minister does not see any urgency in cleaning up the pollution of one of Ireland’s best known rivers or getting employment/development into the village of Ballymore Eustace.

Is there any way we can impress on Minister Gormley the urgency of the situation in relation to providing sewage treatment facilities in Ballymore Eustace?

Yours sincerely,

_________________________________
Thomas Deegan
Honorary Treasurer

Enclosure
Planning Applications and Permissions in village/approach roads of Ballymore Eustace.

P.A. Ref. No.
10180 Move entrance, demolish 2 outhouses at Grove House, Bishopshill Road.
Noel Thompson Builders

091262 52 residential units, nursing home, med. centre, 4 enterprise units.       F.I.  14/01/10  Doran’s Park, Coughlanstown Rd.  Armston Developments
061454 72 res. units, Doran’s Park, Armston Developments. Refused KCC & BP

*09842 Extend Thatch pub, 2 storey 8 B&B guest rooms & staff area.       Granted27/1/2010 Michael & Renee McGinn

*09383 Refurbish old cottage into dormer bungalow, Barrack Street. Granted 28/05/09 Michael O’Driscoll

*081301 3 Dwellings, Broadleas (Golden Falls), Brendan & Kay Burke,Granted 26/03/09

08691 Demolish dwelling, 20 no. 2 bed aparts, 3 no. 3 bed aparts, 8 no. 3 bed townhouses, offices, in 3 blocks from 2 to 3 storeys. Ballymore Residential Ltd.  Naas Road (opp. School) F.I. 11/06/08. No reply, deemed withdrawn.
03329 Demolish dwelling, construct 2 storey office building and 2 storey apartment development comprising 28 apartments at Naas Rd., (opp. School)  Ballymore Contracting Ltd  F.I. 01/05/03 Rec’d 16/06/03. Withdrawn

071790 73 houses at Bishopshill. Blackbourne Partnership.Refused 17/09/07 & B.P.
061300 72 houses at Bishopshill. Blackbourne Partnership.Refused 17/08/06 & B.P.

071692 17 detached i.e. 8 4 bed & 9 5 bed bungalows at Bishopslane (opp DCCWTP Road) Refused 31/1/2008 & B.P. Patrick Dowling

*071619 2 pair 3 bed semi detached 2 storey houses (4 houses in total). Barrack Street Granted 20/03/08 Ger Gleeson

*062671 Alter previous p.p. 9 dwellings at Donaghy’s Garage, J&G Dunne.Granted 3/4/07
*041210 11 4 bed houses at Donaghy’s Garage, Noel Thompson Builders. Granted 10/02/05

041615 Demol. 2 storey dwelling, 4 no. 2 storey blocks, childcare unit, 1 shop, 2 offices overhead, block 2, 2 shops, 4 apartments. Refused 18/01/06
Oliver Plunkett Road. Mick McGinn & Frank Cleary

022308 Phased dev. 20 houses p.a. 120 total at ‘40 Acres’ Broadleas, Abbeydrive Developments Ltd. F.I. 06/02/2003 (One day late)
Supreme Court granted Default Planning Permission 22/07/2009. Following affidavit from An Taisce, re EIA Directive, default on hold pending High Court.
00419 187 houses at ‘40 acres’ Abbeydrive Developments. Granted 06/11/00 B.P. Refused
981191 507 reduced to 416 houses at ‘40 acres’ Abbeydrive Developments Ltd, Granted 08/01/99  B.P. Refused
981338 New Sewage Plant on existing site Granted 03/03/99 & B.P. Never Built. Abbeydrive Developments

*012264  59 bed Nursing Home Tinnycross, Granted 09/08/04 B. P. Granted (when WWTP)  Masonbrook Holdings Ltd

991208 8 semi detached with access from Oliver Plunkett Rd. F.I. 07/02/2000 No Reply  Michael Grace.

94147 16 houses on phased basis (opp. Band Hall) Hire-A-Tool Ltd, Refused 04/05/94

Jack Wall replied by return post and enclosed the following parliamentary question dated 9th March 2010 to Minister Gormley.

“To ask the Minister for Environment Heritage & Local Government can he investigate the contents of the attached submission and if he agrees with its conclusions? and if so the actions he intends to take to overcome the problems as stated and if he will make a statement on the matter.”                                              For written reply.         Jack Wall

The Reply was dated 23rd March 2010.  Question No. 642                                Reply   “Minister for the Environment, Heritage and Local Government (Mr. Gormley):

I refer to the reply to Questions Nos. 436 and 425 of the 23 February 2010.”

The Association was livid with the Ministers reply and wrote the following letter to Jack Wall.

Ballymore Eustace Trout and Salmon Anglers’ Association

Broadleas,
Ballymore Eustace,
Co. Kildare.

31st March 2010

Mr. Jack Wall T.D.,
Dail Eireann,
Leinster House,
Dublin 2,

Re: Proposed New Sewage Treatment Plant at Ballymore Eustace

Dear Jack,

Thank you for you ongoing representations and parliamentary questions to the Minister for the Environment, Heritage and Local Government, Mr. John Gormley re the proposed new sewage treatment plant at Ballymore Eustace.
The Association cannot believe Minister Gormley’s cavalier reply to your latest parliamentary question no. 642.
Untreated sewage from 1000 people entering the drinking water supply poses a threat to the health of those that use the supply for recreational purposes and those that drink the water emanating from that supply.
An article in the Irish Mail on Sunday dated 21st March 2010 headed Dublin’s water ‘contaminated by parasite for two days’ states inter alia “such was the concern about the outbreak that the HSE sent letters to GPs on Friday March 12, warning them to be alert to possible increased levels of cases of diarrhoea.”
The parasite in question was cryptosporidium and this and the outbreak in Galway in 2007 shows that water treatment plants are not always capable of removing the parasite or other forms of contamination.
Minister Gormley’s cavalier attitude and willingness to gamble with the health of river users and those in north Kildare and Dublin that drink the water from Leixlip is both incredible and irresponsible.
I have enclosed a copy of the Mail on Sunday article.
On behalf of the Association, I wish to thank you for your representations on our behalf.

Yours sincerely,
______________________________
Thomas Deegan
Honorary Treasurer

Following this letter Jack addressed  a Parliamentary Question No 763 ” To ask the minister for Environment Heritage & Local Government if he has any concerns in regard to a water supply (details supplied); if he has satisfied himself that the problems have been addressed; if not will he instigate urgent action to alleviate these problems; and if he will make a statement on the matter.                                                                                                             Ballymore Eustace water Scheme Ballymore Eustace, Co.Kildare.                              For written reply. ”

Question 769

To ask the Minister for the Environment, Heritage and Local Government his views on a query (details supplied); and if he will make a statement on the matter.

Reply
“Minister for the Environment, Heritage and Local Government (Mr. Gormley):
I propose to take Questions Nos. 763 and 769 together.
The contract for Ballymore Eustace Sewerage Scheme (SLI) Wastewater Treatment Plant is included in my Department’s Water Services Investment Programme 2010-2012, which I published yesterday, as a contract to start construction during the programme period.
Kildare County Council’s Preliminary Report for the scheme, together with the additional information requested by my Department, is currently being examined and a decision will be conveyed to the Council shortly.”

On the 19th April 2010 the Minister for the Environment Mr. John Gormley published the Water Services Investment Programme 2010-2012.  A total of €3,545,000 was allocated to the Ballymore Eustace Wastewater Treatment Plant.  While there have been many false dawns concerning the Ballymore Sewage Treatment Plant the Trout and Salmon Anglers’ Association are hopeful that this time the Plant will be constructed and we are grateful to Jack Wall T.D. for his Parliamentary Questions, persistence and patience.
Thanks Jack.

On the 6th November 2009 Duncan Stewart visited Ballymore Eustace as part of making an Eco Eye programme about the River Liffey from source to sea. He was shown around Golden Falls Lake and the River Liffey at Ballymore Eustace.  He was not impressed with the Kildare County Council Sewage Treatment Plant at the Strand.  The Eco Eye programme was shown on Tuesday 20th April 2010 and in the programme he described the Ballymore Eustace sewage treatment plant as “primitive”.  When he questioned the Senior Engineer Water Services Kildare County Council and the Environmental Officer Eastern Regional Fisheries Board about this “primative” sewage treatment plant at Ballymore Eustace  he received the standard replies.

Following a query to the Director of Services Kildare County Council on 4th February 2011, the Angling Club received the following information on the 7th February 2011 from Clogagh Lyons, Executive Engineer, Kildare County Council.

“Ballymore Eustace Serviced Land Initiative
The proposed programme for delivery of Ballymore WWTP and Network is as follows;

Tender Stage : Q2 2011

Construction Period: Q2 2012

Commissioning of WWTP: Q2 2013

The scheme proceeding is subject to the availability of Local and Department of Environment Funding in 2011 and 2012.”

The EPA granted a WWDL for the Ballymore Eustace Sewage Treatment on  February 2011.  The Licence specifies that the sewage treatment plant must be operational by 31st December 2012.

Comparison of Discharge Parameters, Proposed New Plant and Old Plant (mg/l)

The Ballymore Eustace Trout and Salmon Anglers sent the following letter to various relevant authorities

“Ballymore Eustace Trout and Salmon Anglers’ Association

Broadleas,
Ballymore Eustace,
Co. Kildare

28th February 2011

Mr. William Walsh,
Inland Fisheries Ireland,
15a Main Street,
Blackrock,
Co. Dublin.

Dear Mr. Walsh,

The EPA has issued a Waste Water Discharge Licence dated 17th February 2011 to Kildare County Council for the sewage treatment plant in Ballymore Eustace.  The Ballymore Eustace Trout and Salmon Anglers’ Association has for almost forty years requested Kildare County Council to upgrade the sewage treatment plant in Ballymore Eustace but without success.  The Association therefore, is pleased that a new sewage treatment plant is to be constructed and also with the conditions set down in the WWDL.

The Association is also pleased that the EPA Inspector dealing with the WWDL application has vindicated our concerns about water quality in the River Liffey at Ballymore Eustace which were made know for many years and on many occasions to all the relevant authorities dealing with the River Liffey.  Despite all the assurances to the contrary, the truth has finally emerged and the EPA Inspector tells us in her Report under the heading “Assimilative Capacity” that “At the design emission limit value (25 mg/l), there is no assimilative capacity in the receiving water for BOD based on the quality standards under the European Communities Environmental Objectives (Surface Water) Regulations, 2009, (S.I. No. 272 of 2009).
Table 3.0 highlights that the 95%ile upstream concentration of BOD (6 mg/l) is already in breach of S.I. No. 272 of 2009 before consideration of the WWTP discharge contribution.
Also that “There is no assimilative capacity in the receiving water for orthophosphate based on the quality standards under the European Communities Environmental Objectives (Surface Water) Regulations, 2009, (S.I. No. 272 of 2009).
Tables 3.0 highlights that the 95%ile upstream concentration of orthophosphate (0.203 mg/l) is already in breach of S.I. No. 272 of 2009 before consideration of the WWTP discharge contribution.”
Again, “There is no assimilative capacity in the receiving water for ammonia based on the 95%ile quality standard under the European Communities Environmental Objectives (Surface Water) Regulations, 2009, (S.I. No. 272 of 2009).
Table 3.0 shows that 95%ile concentration upstream of ammonia (0.99 mg/l) is already in breach of S.I. No. 272 of 2009 before consideration of the primary discharge contribution.”

This is a terrible indictment of all the authorities operating on the upper Liffey.  Despite publishing the Water Quality Management Plan for the Liffey Catchment back in 1993 and the Three Rivers Project Report in 2002, the Liffey at Ballymore Eustace is still in breach of European Communities Environmental Objectives (Surface Water) Regulations, 2009, (S.I. No. 272 of 2009).  Based on our past experience and in the knowledge that past performance by the authorities is the best indicator of future performance, how can the Association have confidence that the Eastern River Basin District Management Plan and Programme of Measures will be implemented?  For example, are there any concrete proposals to collect and treat sewage from the villages around Poulaphouca Reservoir such as Kilbride, Lacken, Ballynockan and Valleymount?

The Association considers the “notionally clean river” concept contained in the EPA Inspectors report as an ‘Irish solution to an Irish problem.’  It is akin to telling a dumper that if the illegal dump wasn’t there in the first place, then his bag of rubbish would be acceptable or telling the litter lout that if the street or roadway wasn’t littered in the first place then his plastic container or wrapper would be acceptable.

While it may not be “the role of the Wastewater Discharge Licence to address these other pollutant sources” the Association is disappointed that the Wastewater Discharge Licence Office did not feel obliged to pass on the polluted state of the Liffey and the breach of the European Communities Environmental Objectives (Surface Water) Regulations, 2009, (S.I. No. 272 of 2009) for investigation to the relevant section of the EPA.

However, overall the Association is very pleased with the WWDL and wish to thank the Inspector for telling it as it is.  Let all the authorities now get together and rid the Liffey at Ballymore Eustace of pollution once and for all.

Yours sincerely,

________________________________
Thomas Deegan
Honorary Treasurer.

A similar letter was also sent to the following:

EPA Regional Inspectorate
Office of Climate, Licensing & Resource Use, EPA
Mr. Michael Malone, County Manager, Kildare County Council
Mr. Joe Boland, Director of Services, Kildare County Council
Mr. Eddie Sheehy, County Manager, Wicklow County Council
Mr. Bryan Doyle, Director of Services, Wicklow County Council
Mr. John Tierney, City Manager, Dublin City Council
Mr. Tom Leahy, Deputy City Engineer, Dublin City Council
Mr. Ray Earle, Project Coordinator, ERBDMP
Mr. Padraig McManus, C.E.O. Electricity Supply Board
Mr. William Walsh, Inland Fisheries Ireland”

Replies were received from the ESB and Ray Earle, Project Coordinator ERBDMP.

A reply dated 25th September 2012 (almost 19months later) (following acomplaint concerning the Blessington WWDL to the EPA Director General) was eventually received from the Inspector Environmental Licensing Programme as follows

“Our Ref; Waste water Discharge Licences Reg No. D0238-01

Dear Mr Deegan,

I refer to your letter dated 28th February 2011, received on 01 March 2011 in relation to the Waste Water Discharge licence reference number D0238-01, agglomeration named Ballymore Eustace. I do apologise for our delay in responding to your letter.

The Agency has addressed the number of concerns raised in you correspondence below:

1. Implementation of the Eastern River Basin Management Plan

The EU Water Framework Directive 2000/60/EC is being implemented across Europe. The Directive commits member states to preventing deterioration and achieving at least good status in our rivers, lakes, estuaries, coastal and ground waters by the year 2015 or by the relevant extention date. It offers a degree of flexibility to each member state in the way it is implemented. The Directive takes a unified approach around the concept of water as a precious natural commodity that must be preserved and regulated to a higher standard.

The Water Framework Directive lays out a schedule for both the transposition of the Directive into laws of each Member State, and the implementation of the various requirements. This timetable sets out the dates at which, each of the key deliverables of the Water Framework Directive must be met.

The task of implementing this River Basin Management Plan falls mainly on Local Authorities, although other agencies and stakeholders are also involved as defined in Section 10 and the Programme of Measures document of the Eastern Management Plan (2009-2015). Dublin City Council is the lead local authority for the Eastern River Basin District Project which comprises of four hydrometric areas and twelve local authorities. The resources to implement the Plan will come from national and local sources and from both private and public sectors.

2. Notionally clean river approach

The notionally clean river approach is used exclusively for municipal waste water discharges. If conditions in the river upstream of the discharge are already failing to meet the good status target then, regardless of how well treated the effluent is, the target environmental quality standard cannot be met. Therefore in such instances it is necessary to separate the effect of a discharge from impacts in the upstream catchment and to assess the impact of the discharge on the assumption that upstream is meeting the good quality status. Other measures are required to address other pollutant sources to ensure that the receiving water upstream of the WWTP achieves good status under the Water Framework Directive. It is noted that the contribution from the Ballymore Eustace primary discharge is very small for BOD, orthophosphate and ammonia based on the emission limit values set in the WWDL for Ballymore Eustace (which apply from 31 December 2012). It is considered that as a result of the installation of the proposed WWTP (due to be completed by 31 December 2012) and compliance with the emission limit values (which apply from 31 December 2012) set in the final licence the increase in concentration of water quality parameters is likely to be very small due to the significant dilution provided in the receiving water at 95 percentile flow rates (approximately 191 dilutions) and there contribute towards compliance with the Surface Water Regulations.

3. Other pollutant sources

It is not the role of the Waste Water Discharge Licences to address other pollutant sources. However, the EPA is involved in the implementation of the Water Framework Directive. The EPA co-ordinates the activities of the River Basin Districts, Local Authorities and State Agencies in implemention the Water Framework Directive. An overview of the status of all waterbodies as reported to the EU in the formal River Basin Management Plans published in compliance with the requirements of the Water Framework Directive (see wfdireland.ie website)

More details on the WFD monitoring results for Irish rivers, lakes, groundwater, transitional (estuarine) and coastal waters is available in the water quality monitoring section of the EPA website. An update on Ecological Status and Chemical Status of waterbodies monitored under the WFD monitoring programmes during the 2007-2009 period was published by the EPA on the 21 June 2011 – WFD Monitoring Water Status 2007-2009.

One of the Eastern River Basin District (2009-2015) objectives for the Liffey is to restore the Liffey river to good status by 3021. The Eastern River Basin Management Plan (2009-2015) identifies measures to protect and restore water status by addressing the main pressures (that is sources of pollution or status impact) in the district.

The Agency considers that the proposed WWTP at Ballymore Eustace and compliance with the emission limit values in the WWDL shall improve the water quality of the river Liffey in the vicinity of the primary discharge and contribute towards compliance with the Surface Water Regulations. If you have further concerns in relation to the discharge from Ballymore Eustace WWTP, please contact the EPA’s Office of Environmental Enforcement, who are responsible for the enforcement of the WWDL’s on 053 9160600.

Yours sincerely

Jennifer Cope, Inspector, Environmental Licensing Programme.”

On the 21st April 2011 the Director of Services Kildare County Council met with developers interested in building in Ballymore Eustace and found that there was little prospect of private sector funding for the construction of the new sewage treatment plant at Ballymore Eustace bearing in mind that substantial dezoning took place in the village in the new County Development Plan 2011 – 2017.

Accordingly, as part of the annual review of the Water Services Investment Programme, Kildare County Council applied to have the project reapproved as a conventional project i.e. 78% funding from the Department of the Environment, Heritage and Local Government and 22% Kildare County Council. (Under the Serviced Land Initiative Programme the funding would be as follows DOEHLG 40% Developers 60%)

A letter from The Director of Services to the TSAA dated 19th July 2011 states that —” the final consents from the Department are now expected and it is, therefore, envisaged the the new sewerage treatment plant will shortly be going to tender. I will keep you appraised regarding progress.—”

The Department did consent to the new funding arrangement.

A reply was received to the following question submitted by Councillor Mark Wall from Water Services Kildare County Council at the Athy Area meeting on Monday 19th Septembet 2011.

Councillor Wall
That the council confirm the up to date position in relation to the new sewerage plant for Ballymore Eustace following previous meetings on this issue.

Water and Environmental Services.
Report:  Matters are progressing well; all design aspects are complete, issues relating to accommodation works, wayleaves  and contract documentation are currently being finalised. It is proposed that the project will go to tender before the end of the current year. There will be two contracts involved ie, the waste water treatment plant and the network. A construction period of approximately one year is envisaged.
The members will be kept informed on progress.
(Issued by G. Halton, Senior Executive Officer, Water Services)

Could progress possible be any slower?

Raw sewage overflow at Bridge 26th September 2011. Note back-current in Liffey

Thomas Deegan 31/01/2012 10:31 emailed to Mr. Joe Boland, Director of Services, Water & Environment, Kildare County Council
Hi Joe,
The angling club will be holding their AGM tomorrow week the 8th February 2012.
The delay in tendering for the new WWTP is sure to be aired.  Is there any reason why the tendering process appears to keep getting put back?
Regards

On 31/01/2012, Joe Boland  replied:
The delay is certainly regretted tom but it does seem that issues are now resolved.. We met the dept of env inspector on 19 January and discussed the matter…the only outstanding issue currently , as far as I am aware, is to forward and agree budget projections. All design aspects and contract documents are finalised, wayleaves should be in-hand,  and I see no reason why we cant go to tender before the end of February.

On the 29th March 2012 the Ballymore Eustace Trout and Salmon Anglers’ were delighted to be able to send the following short email to Jack Wall T.D and Cllr. Mark Wall.