European Communities (Waste Water Treatment) (Prevention of Odours and Noise) Regulations, 2005

• Jurisdiction: Ireland
• Citation: IR SI 787/2005
• Year: 2005

S.I. No. 787 of 2005 .

EUROPEAN COMMUNITIES (WASTE WATER TREATMENT) (PREVENTION OF ODOURS AND NOISE) REGULATIONS 2005

The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving further effect to the Council Directive of 15 July 1975 (No. 75/442/EEC)1 as amended by Council Directive of 18 March 1991 (No. 91/156/EEC)2 , and in particular of ensuring that there is other legislation covering waste waters for the purpose of Article 2(1)(b)(iv) of the said Directive, hereby makes the following Regulations: 1. These Regulations may be cited as the European Communities (Waste Water Treatment) (Prevention of Odours and Noise) Regulations 2005. 2. In these Regulations -

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

“appeal” has the meaning assigned to it in the Act of 2000;

“Board” means An Bord Pleanála;

“Directive” means Council Directive 75/442/EEC as amended by Council Directive of 18 March 1991 (No 91/156/EEC);

“sanitary authority” means a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts 1878 to 2001;

“waste water treatment plant” means a waste water treatment plant provided and operated by or on behalf of a sanitary authority in accordance with the Urban Waste Water Treatment Regulations, 2001 ( S.I. No. 254 of 2001 ) or otherwise and includes related pipes and accessories. 3. A sanitary authority shall ensure that-

(a) in formulating and approving plans for a waste water treatment plant to be provided by the authority or on its behalf the plant is so designed and constructed as to ensure that it avoids causing nuisance through odours or noise,

(b) any waste water treatment plant under the sanitary authority's control is so operated and maintained as to ensure that it avoids causing nuisance through odours or noise. 4. For the purpose of Article 3(b) of these Regulations, the Agency shall be required to ensure compliance of waste water treatment plants with the requirements of the said Article 3(b), and the provisions of section 63 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) shall apply accordingly. 5. A planning authority shall, where granting permission for a development in accordance with section 34 of the Act of 2000 consisting of the provision of a waste water treatment plant, attach such...