Jail hanging over Ballinrobe man who failed to fix septic tank

A CONSTRUCTION worker who failed to upgrade his septic tank following an inspection faces a month in jail if the work is not completed by next April.
Dermot Sweeney of 77 Cill Ó Seighin, Ballinrobe, was summoned before last week’s sitting of Castlebar District Court after he failed to carry out remedial work on his septic tank, which failed an inspection.
The tank in question was located in Cong, and the original inspection of the septic tank took place on September 23, 2014.
Margaret Sweeney of Mayo County Council explained that a septic tank partially treats the waste water before it enters a distribution box and the waste water is percolated to remove toxins and bacteria before it reaches the ground water.
Ms Sweeney explained that when the defendant’s septic tank was inspected, they found that there was no percolation area in place, and the ground water was being polluted as a result. The court heard that the tank was installed in 2007.
Judge Mary Devins was informed that limestone areas like Cong are considered more vulnerable to effluent than other areas, and so tanks in these areas were the first to be inspected.
Dermot Sweeney was served a notice to carry out work on the septic tank and asked to submit designs of the percolation area for approval, but this was never done. The site was inspected in April 2015 and in June 2015, but no work had been carried out.
Mr Sweeney was not present in court, and his solicitor, Evan O’Dwyer, explained that he was employed as a Project Manager and his instructions were that the project he was working on would be jeopardised if he attended court.

Pleaded guilty
Mr O’Dwyer said his client had pleaded guilty to the offence on July 5, 2016, and put it to Ms Sweeney that he was making efforts to resolve the problem. Ms Sweeney said that he had submitted designs to the Council a week before the court, but they were considered to be ‘not fit for purpose’.
She agreed with Mr O’Dwyer that even if he was convicted for the offence, he was still obliged to carry out work on the septic tank.
Mr Ward McEllin, solicitor for Mayo County Council said the Council had given Mr Sweeney every opportunity to comply with the regulations and described the designs he submitted as ‘pathetic’. He said the Council was also seeking €750 in costs.
In sentencing Mr Sweeney, Judge Devins imposed a one-month prison sentence but stated that the warrant would not be executed if all the work was completed in accordance with the notices service on or before February 1, 2017. This date was extended to April 3, 2017, after Mr O’Dwyer argued it may be difficult to complete the work during the winter.
Judge Devins also fined Mr Sweeney €2,000 and ordered him to pay €750.