David Stanton (Cork East, Fine Gael)
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Question 598: To ask the Minister for the Environment, Heritage and Local Government the situation regarding toxic waste at Haulbowline County Cork with details of the volume and type of waste present there; the action he will take to provide a solution to this problem; and if he will make a statement on the matter. [26046/08]

Deirdre Clune (Cork South Central, Fine Gael)
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Question 599: To ask the Minister for the Environment, Heritage and Local Government if he will make a statement on the steps he is taking to clean up the former Irish Steel Plant at Haulbowline, County Cork; and his views on reports that contaminated waste containing chromium 6 and other toxic materials is being covered up rather than removed from the site. [26047/08]

John Gormley (Dublin South East, Green Party)
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I propose to answer question Nos. 598 and 599 together.

Irish Ispat went into liquidation in June 2001, having been in difficulty for some time. Initially, the liquidator took over the company's lease on lands and foreshore at Haulbowline Island, Cobh, Co Cork. The State, acting through the Department of the Environment, Heritage and Local Government in a co-ordinating role, took over custody of the site from the liquidator in June 2003, as mandated by Government.

The mandate required the Department to co-ordinate all legal actions in relation to the site and to cover issues such as ongoing site security, maintenance and other such issues arising once the site was vacated by the liquidator, and also to enable a site investigation to be carried out to assist in determining the best option, environmentally and economically, for site remediation.

Steelworks have operated on Haulbowline since 1939 and at a time when such industrial activities were poorly regulated. Inevitably, the nature of the activity generated very large quantities of hazardous wastes which were dumped on the island in an area which became known as the East Tip.

Since 2004 the Department in complying with its mandate from Government has: coordinated all legal actions in relation to the site; carried out a comprehensive site investigation; set-up ongoing environmental monitoring; decontaminated and demolished the steelworks buildings; and arranged for a site surface clearance contract with Hammond Lane Metal Company Ltd.

These steps have now brought the site to a position where the Government can make an informed decision as to its future use and where a detailed risk assessment of the entire site with recommendations for the appropriate remediation required can be undertaken.

The particular issue which has arisen relates to the uncovering by a sub-contractor of sub-surface waste. Sub-surface excavation of waste was not part of the Department's contract with Hammond Lane Ltd. Owing to the potential extent and nature of the waste, a lack of clarity around the minimum works required to remove it, the potentially wide range of practical measures which might be necessary to remove the risk of pollution and the fact that removal or remedial works conducted in a piecemeal fashion might itself cause environmental pollution, it was the considered view of the Department, following consultations with the Environmental Protection Agency and Cork County Council, that the required course of action in the short term would be to cap the exposed waste with inert slag material. As stated a detailed risk assessment of the entire site will be necessary once it is vacated on completion of the site surface clearance contract and when the Government has decided on the proposed future use of the site.

This was not acceptable to one of Hammond Lane's sub-contractors which expressed concern that liability might accrue to it as a consequence of any impact which the disturbed material might cause. By way of reassurance, and in the context of the then proximity of the end of the planned surface clearance works, the Department wrote to the contractor on 18 April 2008 advising that the back-filling approach was what was required. It was stated that the management of the area which had been disturbed would fall to be determined by the Government in the context of the pending decision on the overall future of the site and the resultant more comprehensive remediation which might be required. The contractor was also assured that it would not be expected to accept future liability.

Despite these assurances and repeated instructions to stop unauthorised works relating to the sub-surface waste, including by letter from the Chief State Solicitor on 23 May 2008, the sub-contractor refused to leave the site and continued to operate without authorisation and in a piecemeal fashion causing a potential threat to the environment.

Following legal advices the contract with Hammond Lane Metal Company Ltd. was terminated with immediate effect on 30 May 2008, with instructions to vacate the site by 17.00 hours Tuesday, 3 June 2008. The sub-contractors still refused to vacate the site and continued to operate without authorisation. They only finally left the site following discussions with the main contractor, Hammond Lane Metal Company Ltd, the only company with which the Department had a contractual relationship. The Department has engaged consultants to carry out an independent and rigorous assessment of site conditions following the extensive unauthorised works by the sub-contractors. This assessment, which will begin in the coming week, will involve analysis of soil, slag, dust, surface and ground water samples for all likely contaminants, including heavy metals such as chromium.

The consultants previously carried out an extensive intrusive site investigation in 2005 which indicated no evidence of any immediate threat to human health or the environment and they are best suited to determine the best way forward in securing the site from an environmental and health and safety point of view in the short term, and pending a Government decision on its future use.

Test results will be assessed against baseline data from the previous investigation which was carried out between August and October 2005 and in the course of which 35 boreholes were drilled on the site and a further 4 offshore. A total of 34 trial pits were also excavated across the site. Geotechnical and environmental samples were taken for a pre-determined suite of analyses. Environmental and geotechnical samples were collected from both the trial pits and the boreholes. Marine sediments and two rounds of groundwater and gas samples were also taken for analysis.

The Department is currently finalising a report to update the Government on the outcome of the extensive site investigation and the interim works carried out since 2004. Decisions by Government on the future use of the site will determine the level and extent of further remediation required.

My Department and other relevant agencies are properly engaged in the management of this legacy site in a manner which is consistent with good practice and minimisation of risk to human health and the environment. A coherent overall approach rather than piecemeal action, which could inadvertently cause problems to the local community and the environment, must be taken and that is the objective being pursued by my Department.