Faughan claims probed

But the Minister pointed out settlement lagoons at the Londonderry employer’s site were not in breach of Habitat Directives and were in place before the river was designated an Area of Special Scientific Interest.

He also said the company wanted to move them.

Sinn Féin MLA Raymond McCartney asked the Minister of the Environment “whether the illegal land filling associated with the concrete production yard at 91 Glenshane Road, Derry, which slipped into the River Faughan, a Special Area of Conservation, in November 2011, is a breach of the Habitats Directive, given that the Northern Ireland Environment Agency has acknowledged that a pollution incident has occurred and that there is a high probability of pollution in the future.”

Mr Attwood replied: “The settlement lagoons at the WJ Chambers site were in place prior to designation of the River Faughan and Tributaries Special Area of Conservation and its prior designation as an Area of Special Scientific Interest.

“As the lagoons were in operation before designation of the River and as no permission was granted by any ‘competent authority’ under the Conservation (Natural Habitats etc) Regulations 1995, a breach of the Habitats Directive has not occurred in relation to the referred works.

“The Department has, however, investigated a number of alleged pollution incidents at this site and is working to resolve the matter in order to fully protect this important river.”

Mr McCartney also asked the Minister if his Department was liable for “the environmental damage caused to the River Faughan, a Special Area of Conservation, as a result of illegal land filling, and for any future damage, given that it has not taken enforcement action against the unauthorised development at 91 Glenshane Road, Derry.”

Mr Attwood replied: “My Department has a range of enforcement options open to it in dealing with situations like this. In this particular case I am aware that the problem is the risk posed by settlement lagoons associated with a concrete plant which have the potential to overflow or leak into the River Faughan with attendant negative consequences for the environment.”

He said his officials were considering the appropriate route to resolving this situation and if enforcement action was appropriate it would be carried out.

He added: “In accordance with the ‘polluter pays’ principle the Department would regard liability in relation to environmental offending of any kind to rest with the operator of the site whose activities cause damage.”

But Mr Attwood explained that although the Northern Ireland Environment Agency (NIEA) had received a report of a pollution incident on the river no enforcement was taken because no pollution was visible to officers.

“Following a report of a pollution incident on the River Faughan, enforcement officers from NIEA investigated the River adjacent to 91 Glenshane Road,” he stated.

“There was no visible pollution problem in the River at the time and therefore no enforcement action could be taken, however an advisory letter to WJ Chambers was issued directing them to take action to ensure there are no further slippages from their site to the River Faughan and Tributaries SAC.”

He explained that the company intends moving the settlement lagoons further away from the river in the immediate future.

“WJ Chambers have recently submitted a planning application for relocation of the lagoons to a site further from the River.

“This application is currently under consideration by the Department and will be subject to a Habitats Regulations Assessment.

“I have instructed officials to provide an enforcement/monitoring update to me on this case at the beginning of every month,” he added.

The Sentinel asked WJ Chambers for its views on the Minister’s statements but no response was forthcoming at the time of the Sentinel going to press.