The Environmental Protection Agency (EPA) has initiated a District Court action against Oxigen Environmental.
The case, which is due to come before the courts , comes after the EPA confirmed they received a number of odour complaints regarding the facility during 2013.
Pairic Duffy, who started the “Stop The Stink” campaign, has been raising the issue with local authorities in recent months.
Mr Duffy, whose home at Belfry Gardens, Dundalk, is less than 220 metres from the Oxigen facility, has called on the Environmental Protection Agency (EPA) to relocate the facility.
Mr Duffy contacted the Dundalk Town Council and the Louth County Council regarding the issue. Both authorities referred the issue to the EPA.
“I decided to write a letter to the authorities following a very hot day during the summer when the smell was horrendous,” Mr Duffy said.
“Currently, as a family, we are unable to enjoy the social amenity of our own garden. My wife and I cannot even spend the time required for tending to our vegetable patch or other essential garden maintenance.
“When our children come home from work they cannot spend time relaxing in the garden after being closed up in their various office environments. All because of these terrible odours.
“I am not against recycling. I recycle myself. I am against the location. There are a number of schools, offices and business located to the facility.”
The EPA undertook a number of inspections of the facility during the months of February, May, June, July and August.
Odours which were considered to be resulting in significant impairment of and interference with the environment beyond the boundary of the facility were detected on 13 and 14 May and 20 June.
The agency has directed Oxigen Environmental to assess current site infrastructure and practises and to submit a proposal to the agency detailing the measures required to ensure compliance with the conditions of its waste licence.
The agency has required documentation and implementation of robust operational procedures to ensure odorous emissions are appropriately controlled and managed at the facility.
The agency also confirmed they will continue to respond to and investigate any further reported complaints and will take the necessary enforcement actions to ensure compliance with the conditions of the waste licence.
In 2012, Cavan Council and Oxigen Environmental were fined after being prosecuted by the EPA over landfill odours.