The site referred to in the question was cited in the European Court of Justice judgment in Case C 494/01 as an example of Ireland's failure to comply with the 1975 Waste Framework Directive. My Department, on behalf of the State, has been liaising with the European Commission to ensure that the requirements of the judgment are fully met. The Commission is concerned, as I am, to secure the urgent remediation of the site, a concern underlined by an additional letter of formal notice issued on 30 September 2010, which indicated that the Commission might refer the case back to the Court of Justice for financial penalties to be imposed against the Irish State for failure to comply with the judgment.
It is in these circumstances that my Department, in June 2011, requested Wicklow County Council to remediate the site, pursuant to its powers under section 56 of the Waste Management Act 1996. On foot of this, the Council, working with the EPA, has established a technical working group to oversee a programme of detailed investigation of the areas of illegal waste at the site. The purpose of this programme, which I understand is now complete, is to gain a greater understanding of the nature, character and distribution of the waste, and to assist in determining the requirements for the site's remediation. I understand that a procurement process for the remediation will be initiated by the Council later this year, with a view to work commencing in the Autumn.
The cost of remediation will be dependent on the technical approach taken to remediation and on the outcome of the tendering process. The costs involved will be funded by the State, with Wicklow County Council seeking cost recovery through the Courts. As the matter is the subject of ongoing legal proceedings, I do not propose to comment further.