A foreshore licence to allow an out-flow pipe into the sea is required to resume work, however the Department has not processed the application, which was lodged in December 2008.
The US firm Covanta who are building the €350m facility said they are seeking a meeting with Taoiseach Brian Cowen about the issue.
President of Covanta Europe Scott Whitney said his company is the biggest incinerator operator in the world but has never encountered a set of circumstances similar to Ireland.
Environment Minister John Gormley has publicly opposed the incinerator and recently published draft policy proposals, which would make the incinerator economically unviable.
The incinerator would be located in Minister Gormley's constituency.
Covanta's Mr Whitney said he could not speculate on the Minister's motives but said 'as a judge he seems to be saying I know you are guilty but I will give you a fair trial before I hang you'.
