Irving Oil, the Canadian owner and operator of Ireland's only oil refinery at Whitegate in Cork Harbour, has avoided conviction in the District Court in relation to an oil spill that occurred on 22 January 2024.
Irving Oil was prosecuted by the Environmental Protection Agency (EPA) for an alleged breach of license conditions and requirements under the Environmental Protection Agency Act, 1992.
Solicitor Ben Grogan acting for the EPA called Joshua Copage - an inspector with the agency - to give evidence.
Mr Copage told the court that on 22 January 2024 at 5pm, the EPA was notified by Irving Oil that there had been an "uncontrolled release of hydrocarbons" from the Whitegate Refinery.
He said that it was confirmed that the material was gas oil some of which had leaked into Cork Harbour.
Mr Copage said that the following day he drove from the EPA office at Inniscarra to the refinery and as he was passing through Whitegate village en-route he noticed "a strong smell of hydrocarbons".
Mr Copage said that he knew it was a serious issue as the smell was strong despite it being a windy day. He told the court that he stopped by the sea wall in the village and observed "a significant amount" of hydrocarbons along the sea wall in the water.
Mr Copage said that Irving Oil officials told him that oil was noticed pooling within the refinery site at 9.30am the previous day and a containment procedure was immediately put in place.
He told the court that the release had been stopped within a couple of hours at which point a major cleanup operation was launched.
Mr Copage said that due to the complexity of the situation, the amount of oil that was released was not ascertained until the following April and was estimated to be 14,200 litres.
The leak had come from a small gauge pipe at the refinery which may have filled with water and been damaged by ice. Mr Copage said that the oil leaked into a nearby marshy area and some then further leaked into Cork Harbour itself.
Mr Copage said that a primary concern was that Polycyclic Aromatic Hydrocarbons (PAHs) an "acutely toxic and long lasting" compound that occur in gas oil could have caused damage to the aquatic environment in Cork Harbour.
Mr Copage said that Irving Oil mobilised "a small army" of workers and also engaged expert consultants in the cleanup operation which was ongoing for several weeks.
He told the court that of the 14,200 litres of oil that leaked, the "worst case scenario" for the amount that was not recovered was 1,150 litres while the "lower end" of the estimated amount was 850 litres.
Mr Copage said that extensive environmental monitoring was put in place following the incident, including surface water monitoring at 14 locations and air quality monitoring.
Emer O'Callaghan, solicitor for Irving Oil, said that 850 litres was about the capacity of an average domestic oil tank.
Under cross examination, Mr Copage said that he got the impression that Irving Oil reacted to the incident "without delay" and "within hours external specialists were engaged".
He agreed that there were no reports of bird mortality as a result of the incident and ecologists engaged by Irving Oil and Cork County Council found no adverse effects in the local environment in the following weeks.
Ms O'Callaghan said that Irving Oil had no previous convictions and were a significant employer in the local area. She said that the company was a responsible operator and had invested more than €100 million in the Whitegate facility.
She said that costs had been agreed between the parties and she was asking the court to consider applying the Probation Act as her client had no previous convictions.
Judge Colm Roberts ordered Irving Oil to make a €2,500 donation to the RNLI in Ballycotton and adjourned the matter to 27 March for finalisation. He said if the donation was made he would be inclined to give Irving Oil the benefit of the Probation Act.
