Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013

• Jurisdiction: Ireland
• Citation: IR SI 283/2013
• Year: 2013

ARRANGEMENT OF REGULATIONS

PART I

PRELIMINARY AND GENERAL

1. Citation.

2. Interpretation.

3. Scope.

PART II

APPLICATIONS

4. Notice of intention to apply for a licence or the review of a licence to the Agency.

5. Notices in newspapers.

6. Site notices.

7. Further notice.

8. Notice to the planning authority.

9. Application for a licence.

10. Procedure on receipt of an application for a licence.

11. Content of environmental impact statement.

PART III

REVIEW OF LICENCES

12. Form of notice of intention to review a licence or revised licence.

PART IV

CONSIDERATION OF APPLICATIONS OR REVIEWS

13. Further information.

14. Extension of time for proposed determinations.

15. Notice to Minister of certain applications for licences.

16. Notice to certain bodies.

17. Agency investigations.

18. Inspection and availability of documents including environmental impact statements.

19. Withdrawal or abandonment of application for a licence.

PART V

NOTIFICATIONS AND PUBLICATIONS

20. Advertisement of proposed determinations by the Agency.

21. Additional notice in certain cases.

22. Notification of proposed determination of application for a licence or review of a licence or revised licence.

23. Reasons for proposed determinations or decisions.

24. Results of monitoring and evaluations.

PART VI

OBJECTIONS

25. Form and content of objection.

26. Circulation of objections.

27. Power of the Agency to request submissions by objectors.

28. Power of the Agency to request submission of documents, particulars or information by an objector.

29. Withdrawal or abandonment of objections in certain cases.

30. Notification of oral hearings.

31. Procedure at oral hearings.

32. Power to require attendance at oral hearings.

33. Adjournment or reopening of an oral hearing.

34. Replacement of person or persons appointed to conduct an oral hearing.

35. Other matters may be taken into account by the Agency.

36. Period for consideration of objection.

37. Notification and publication of decisions.

PART VII

REGISTER

38. Form of register.

PART VIII

MISCELLANEOUS

39. Principal Polluting Substances.

40. Criteria for the determination by the Agency of a relevant person.

41. Prescribed offences for the purposes of section 84(4)(a) of the Act of 1992.

42. Revocations.

FIRST SCHEDULE

Indicative list of the principal polluting substances to be taken into account (if relevant) by the Agency for the fixing of emission limit values.

SECOND SCHEDULE

Regulations revoked.

S.I. No. 283 of 2013

ENVIRONMENTAL PROTECTION AGENCY (INTEGRATED POLLUTION CONTROL) (LICENSING) REGULATIONS 2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th July, 2013.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 6 , and section 85 (4), 88 (5) and 89 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) hereby make the following Regulations:

PART I

PRELIMINARY AND GENERAL

Citation

1. These Regulations may be cited as the Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013.

Interpretation

2. (1) In these Regulations—

“the Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“the Act of 1996” means the Waste Management Act 1996 (No. 10 of 1996);

“the Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);

“the Agency” means the Environmental Protection Agency established under section 19 of the Act of 1992;

“applicant” means an applicant for a licence or for the review of a licence;

“application for a licence” means an application for a licence under section 83 of the Act of 1992 or by a licensee under section 90(1)(b) for a review of a licence or revised licence;

“application for permission” means—

(a) an application for permission for development under Part III of the Act of 2000,

(b) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226 of the Act of 2000, or

(c) an application for substitute consent under section 177E of the Act of 2000;

“grant of permission” means—

(a) a grant of permission for development under Part III of the Act of 2000,

(b) an approval for development under section 175, 177AE, 181B, 182B, 182D or 226 of the Act of 2000, or

(c) a grant of substitute consent under section 177K of the Act of 2000;

“licence” means a licence granted under section 83 of the Act of 1992 to operate all or part of an installation within which one or more integrated pollution control activities listed in the First Schedule to that Act are carried out;

“objection” means an objection under section 87 of the Act of 1992;

“objector” means the person who makes an objection;

“offices of the Agency” means the headquarters and the Regional Inspectorates of the Agency;

“oral hearing” means an oral hearing under section 87(8) of the Act of 1992;

“party to an objection” means—

(a) an objector, or

(b) the applicant for a licence or the licensee in the case of a review, in relation to which an objection is made by another person (other than a person acting on behalf of the applicant or licensee),

and “party” shall be construed accordingly;

“Planning and Development Regulations” means the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 );

“review” means a review of a licence or revised licence under section 90 of the Act of 1992;

“revised licence” means a revised licence under section 90 of the Act of 1992 to operate all or part of an installation within which one or more integrated pollution control activities listed in the First Schedule to that Act are carried out.

(2) Where a requirement of or under the Act of 1992 or these Regulations requires submissions or observations to be made, or documents, particulars or other information to be submitted, to the Agency within a specified period and the last day of that period is a Saturday, a Sunday, a public holiday (within the meaning of the Organisation of Working Time Act (No. 20 of 1997)) or any other day on which the offices of the Agency are closed, the submissions or observations, or documents, particulars or other information, as the case may be, shall be regarded as having been received before the expiration of that period if received by the Agency on the next following day on which the offices of the Agency are open.

Scope

3. These Regulations apply to the integrated pollution control activities within the meaning of section 3 of the Act of 1992.

PART II

APPLICATIONS

Notice of intention to apply for a licence or the review of a licence to the Agency

4. (1) An applicant shall—

(a) within the period of 2 weeks before the making of an application for a licence, publish notice of the intention to make the application in a newspaper circulating in the district in which the activity is or will be situate, in accordance with Regulation 5, and

(b) not later than the making of the application for the licence, give notice of the application by the erection or by the fixing of a site notice on the land or structure concerned, in accordance with Regulation 6.

Notices in newspapers

5. A notice published in a newspaper pursuant to Regulation 4(1) shall, as appropriate, contain as a heading the words “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A LICENCE”, or “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR THE REVIEW OF A LICENCE”, as the case may be, and shall—

(a) give the name and address of the applicant,

(b) state the location or postal address (including, where appropriate, the name of the townland or townlands) to which the application relates,

(c) specify the class or classes and nature of the integrated pollution control activity in accordance with the First Schedule to the Act of 1992,

(d) where the application is required to be accompanied by an environmental impact statement in accordance with this Part—

(i) state that such a statement will be submitted to the Agency with the application,

(ii) state that the environmental impact statement, and any further information relating to the effects on the environment of the emissions from the activity which may be furnished to the Agency in the course of the Agency’s consideration of the application, will be available at the headquarters of the Agency, and

(iii) indicate the name of the planning authority to which a copy of the environmental impact statement has been submitted,

and

(e) state that a copy of the application for the licence may be inspected on the Agency’s website or inspected at or obtained from the headquarters of the Agency as soon as is practicable after the receipt by the Agency of the application for the licence.

Site notices

6. (1) A site notice erected or fixed pursuant to Regulation 4(1) on any land or structure shall—

(a) be painted or inscribed, or printed and affixed, on a durable material,

(b) be securely erected or fixed in a conspicuous position—

(i) on or near the main entrance to the land or structure from a public road, or

(ii) on any other part of the land or structure adjoining a public road,

and shall be so erected or fixed and the text shall be so painted, inscribed or printed that the notice shall be capable of being read by persons using the said public road.

(2) Where the land or structure to which an application for a licence relates does not adjoin a public road, a site notice shall be erected or fixed in a conspicuous position on the land or structure so as to be easily visible and legible by persons outside the land or structure.

(3) A site notice erected or fixed on any land or structure pursuant to Regulation 4(1) shall, as appropriate, be headed “APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR A LICENCE”, or...