Waste Management and IPPC Licensing: Aspects of Licensing Procedures: Objections and Oral Hearings

This publication expands on the general guidelines to provide information on a specific aspect of the licensing process: namely, the procedures to be observed for objections and oral hearings. All or part of this publication may be reproduced without further permission, provided the source is acknowledged. Care should be taken to direct those to whom such reproductions are made available to the relevant items of legislation for completeness and accuracy. Although every effort has been made to ensure the accuracy of the material contained in this publication, complete accuracy cannot be guaranteed. Neither the Environmental Protection Agency nor the authors accept any responsibility whatsoever for loss or damage occasioned or claimed to have been occasioned, in part or in full, as a consequence of any person acting, or refraining from acting, as a result of a matter contained in this publication. 1. Introduction 1.1 The Environmental Protection Agency (EPA) has responsibility for the licensing of significant waste disposal and recovery activities as provided for in the Waste Management Acts 1996 to 2003 and large-scale industrial and other processes as provided for in Part IV of the EPA Acts 1992 and 2003. 1.2 The EPA is required to examine and determine licence applications, having regard to the provisions of the Waste Management and EPA Acts and any supporting regulations. 1.3 A waste or Integrated Pollution Prevention and Control (IPPC) licence is a single integrated licence, which deals with emissions to all environmental media, and the environmental management of the facility. All related operations carried on by the applicant in, on, or adjacent to the facility are taken into consideration. 1.4 The procedures for dealing with licence applications are set out in regulations made by the Minister for the Environment, Heritage and Local Government. These regulations outline the procedures that the EPA, the applicant and any other person must follow in relation to the licensing process. The key legislation governing waste and IPPC licensing is set out in Appendix 1 of this publication. 1.5 Applications are made to the EPA on a somewhat similar basis as those submitted to the planning authority for planning permission. There are two stages in the licence application process. The first stage is from receipt of the application by the EPA to issue of a proposed decision/determination (PD) on the application. The second stage of the process, the objection stage, begins on the date of issue of the PD and ends with a final decision on the application. Any person making an objection may request an oral hearing of the objection. 1.6 Waste and IPPC licence applications are available for public inspection at EPA headquarters, at Johnstown Castle Estate, County Wexford. In the case of a waste licence application submitted by a local authority, a copy of the application is also available for inspection at their principal office. It is planned that applications and related documentation will be made available for viewing on the EPA's website in the future.

Table of Contents:
1 Introduction 1; 2 Objection Stage 3; Set periods for objections 3; Making an objection 3; What is a valid objection? 3; Documents accompanying an objection 4; Elaboration on an objection 4; Circulation of objections 4; 3 Consideration of Objection 6; Consideration of an objection 6; Decision 6; 4 Oral Hearings 7; Making a request for an oral hearing 7; Set periods for requesting an oral hearing 7; Decision to hold an oral hearing 7; Procedures prior to oral hearing 8; Format of an oral hearing 8; Venue for an oral hearing 8; Attendance at an oral hearing 8; Participation at an oral hearing 9; The Chairperson 10; 5 Decision Stage 11; Completion of oral hearing 11; Consideration of report of oral hearing 11; Period within which a decision is to be given 11; Notification of decision 11; Can a decision be appealed? 11; Appendix 1 12; Appendix 2 13.