Anti-incineration plans will not invoke council liability clause

 

Government plans to regulate against large-scale incineration will have no impact on the potential multi-million euro liability faced by Dublin’s four councils if they fail to provide enough waste to the Poolbeg incinerator.

Sources familiar with the contract between the councils and US energy giant Covanta told The Sunday Business Post that the move would not invoke a 'change of law' clause, although one is contained in the agreement.

Under the deal, Dublin’s councils have a ‘put or pay’ agreement with Covanta to supply 320,000 tonnes of waste to the 600,000 tonne facility. Councils will have to pay for every tonne they fail to supply below that amount.

However, the contract does include a provision that Covanta should make every reasonable effort to source the waste elsewhere.

The councils also stand to share in any profits which are generated from the facility under the deal.

It is expected that the council would challenge any government move aimed at discriminating against incinerators based on their scale.

Dublin City Council, on behalf of the four local authorities, recently sought a compulsory purchase order (CPO) to acquire a piece of land which Covanta says it needs to build an air ventilation system for the plant. The lands are located on the foreshore at Poolbeg Peninsula.

Covanta’s European president, Scott Whitney, last month accused environment minister John Gormley of delaying the project by failing to grant a licence to construct the vent on the foreshore.

Mr Gormley has said he is against the size of the incinerator, which is earmarked for his Dublin constituency. Whitney returned to Ireland last week and held several high-level meetings aimed at advancing the project.

Mr Gormley is awaiting delivery of a report by barrister John Hennessy, on the potential exposure to the taxpayer based on certain scenarios, such as a collapse in waste levels and any other event which could trigger compensation payments to Covanta.

Source - The Sunday Business Post