S.I. No. 178/1985:

CONTROL OF ATMOSPHERIC POLLUTION (LICENSING) REGULATIONS, 1985.

CONTROL OF ATMOSPHERIC POLLUTION (LICENSING) REGULATIONS, 1985.

The Minister for the Environment, in exercise of the powers conferred on him by section 10 of the Local Government (Sanitary Services) Act, 1962 (No. 26 of 1962) and after consultation with the Minister for Industry, Trade, Commerce and Tourism hereby makes the following regulations:--

1. These Regulations may be cited as the Control of Atmospheric Pollution (Licensing) Regulations, 1985.

2. (1) In these Regulations--

( a ) Any reference to a Schedule or article which is not otherwise identified is a reference to a Schedule or article of these Regulations;

( b ) Any reference to a sub-article which is not otherwise identified is a reference to a sub-article of the provision in which the reference occurs.

(2) In these Regulations--

"applicant" means an applicant for a licence under these Regulations;

"licence" means a licence granted by a sanitary authority under these Regulations;

"licence application" means an application to a sanitary authority for a licence under these Regulations;

"licence review" means a review by a sanitary authority of a licence granted by that authority under these Regulations;

"person" does not include a sanitary authority;

"premises" includes land, whether or not there are structures on the land;

"sanitary authority" has the same meaning as in the Local Government (Sanitary Services) Acts, 1878 to 1964;

3. (1) A person shall not, after the first day of October, 1985, in any premises, establish, operate or engage in any trade, works or process specified in the Schedule except under and in accordance with a licence granted by the sanitary authority in whose functional area the premises is situated.

(2) Notwithstanding the provisions of sub-article (1), the establishment, operation of or engagement in any trade, works or process specified in the Schedule in a premises by a person shall, in the period before a licence is granted or refused, be deemed not to have contravened the provisions of sub-article(1) if an application has been made by the person for a licence relating to that premises before the first day of October, 1985 and the requirements of article 4 have been complied with by the applicant.

4. (1) A licence application shall be accompanied by such plans and such other particulars as are necessary to describe the trade, works or process to which it relates, the premises at which it is being, or is proposed to be, established, operated or engaged in and the nature of the trade, works or process.

(2) An applicant shall furnish to the sanitary authority such other particulars as the authority may reasonably require for consideration of the licence application, including particulars of the emissions of pollutants from the premises into the atmosphere.

5. Where an applicant fails or refuses to comply with any requirement of a sanitary authority under article 4 (2) within such period (not being less than one month) as the sanitary authority may specify when making such requirement, the authority may carry out, or arrange to have carried out, such investigations as they consider necessary and may require the applicant to defray, or contribute towards, the cost of any such investigations and in default of payment may recover the same as a simple contract debt in a Court of competent jurisdiction.

6. A sanitary authority may grant or refuse a licence notwithstanding that particulars required under article 4 have not been furnished.

7. As soon as may be after the grant or refusal of a licence the sanitary authority shall--

( a ) in the case of the grant of a licence, transmit the licence to the applicant,

( b ) in the case of the refusal of a licence, serve notice of such refusal and of the reasons therefor on the applicant.

8. (1) A sanitary authority may carry out a licence review at intervals of not less than three years from the date of the licence or the last licence review, or at any time with the consent of the person concerned.

(2) Where a sanitary authority intends to carry out a licence review, it shall serve notice of such intention on the person to whom the licence was granted.

(3) A notice under sub-article(2) may require the person to whom the licence was granted to submit such plans or other particulars in relation to the premises to which the licence relates or to the emission of pollutants into the atmosphere from those premises as the authority considers necessary for the purpose of the licence review.

(4) As soon as may be after it has completed a licence review, a sanitary authority may suspend a licence where the authority has reasonable grounds to believe that the premises to which the licence relates is contributing to atmospheric pollution to an extent which was not evident, or which could not reasonably have been foreseen by the authority, when the licence was granted or that the provisions of article 12 have not been complied with.

(5) On completion of a licence review a sanitary authority shall serve notice of its decision and of the reasons therefor on the person to whom the licence was granted.

9. (1) A notice by a sanitary authority under article 7(b) or under article 8(5) shall include a statement that an appeal against the decision of the authority may be made to a Justice of the District Court having jurisdiction in the place in which the premises is situated, within the appropriate period.

(2) The appropriate period for the purpose of an appeal under sub-article (1) shall be--

( a ) in the case of an appeal relating to the refusal of a licence under article 7(b), the period of one month beginning on the date of service on the applicant of the notice under that article,

( b ) in the case of an appeal relating to the decision of a sanitary authority under article 8(5) to suspend a licence, the period of one month beginning on the date of service on the person of the notice under that article.

(3) A Justice of the District Court, after consideration of an appeal under this article shall either (as he thinks proper), having regard to the matters referred to at article 12(1)(a), (b) and (c),--

( a ) direct the sanitary authority to grant a licence, or

( b ) in the case of a suspension by the sanitary authority of a licence, annul or confirm such suspension.

10. The sale, transfer, lease, letting, conveyance or other disposal of a premises, the subject of a licence, shall not affect the operation of the licence.

11. A person shall not be entitled, solely by reason of the grant of a licence, to establish, operate or engage in any particular trade, works or process or to commit or permit any act in contravention of the Control of Atmospheric Pollution Regulations, 1970 ( S.I. No. 156 of 1970 ).

12. (1) A sanitary authority shall refuse to grant a licence under article 3 unless the authority is satisfied that--

( a ) the best practicable means will be used to limit and, where possible, to prevent the emission from the relevant premises to the atmosphere of any smoke, dust, grit, gas, fumes, or other pollutants, and

( b ) any such emission from the premises will not result in a concentration of any pollutant in the air which would contravene the provisions of Council Directive No. 80/779/EEC of 15 July, 1980 or Council Directive No. 82/884/EEC of 9 December, 1984, and

( c ) that any such emission will not endanger public health or the environment or create a nuisance to persons in any premises in the neighbourhood.

(2) In this article "best practicable means" shall include the provision of plant and equipment, appliances, apparatus, machinery, buildings and other structures and their proper maintenance, use, operation and supervision and "practicable" shall be taken to mean reasonably practicable having regard, amongst other things, to local conditions and circumstances, to the financial considerations and to the current state of technical knowledge.

SCHEDULE.

TRADES, WORKS OR PROCESSES TO WHICH ARTICLE 3 REFERS.

Any trade, works or process which is carried out in the course of trade or business and which involves the extraction or recovery, by burning or by the application of heat, of aluminium, zinc, copper or lead from any scrap metal or alloy, waste material or other residue including scrap or waste cable, except where such extraction or recovery occurs as an ancillary process to the production of iron or steel.

GIVEN under the Official Seal of the Minister for the Environment this

18th day of June, 1985.

LIAM KAVANAGH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations deal with air pollution caused by the extraction or recovery of certain metals from scrap metal, waste material and waste cable. The Regulations establish a licensing system to be operated by sanitary authorities for any trade, works or process in which burning or the application of heat is used to extract or recover such metals.