Proposed Waste to Energy Plant Planning Approval and Licensing Requirements

1. Proposed Waste to Energy Plant Planning Approval and Licensing Requirements Procedural Aspects Planning Procedure: Maria Lombard, Planning Consultant Licensing Procedure: Anne Butler, Environmental Consultant

2. Licence / Permission Requirements • Planning Approval • Planning Approval to be Sought by Dublin City Council • Application to be made to An Bord Pleanala • EPA Licence • EPA Licence to be Sought by/on behalf of Dublin City Council • Application to be made to Environmental Protection Agency (EPA) • Licence from Commission for Energy Regulation (CER) for a licence to generate and supply electricity

3. Division of Functions of Planning Process and Licensing Process • Current position: - Planning system may not impose conditions on a permission relating to control of emissions from the operation of an activity or emissions following the cessation of the activity - Planning system may refuse permission if development considered unacceptable on environmental grounds, having regard to the proper planning and sustainable development of an area - An Bord Pleanala may request EPA to make observations and must have regard to such observations

4. Division of Functions of Planning Process and Licensing Process • Thus, - Both An Bord Pleanala and EPA may refuse planning permission and licence application on environmental grounds - Only the EPA may attach conditions controlling emissions of activity during operation of when activity ceased - An Bord Pleanala may request observations from EPA in the course of consideration of the application

5. Planning Approval Process and Procedures Maria Lombard RPS McHUGH PLANNING AND ENVIRONMENT .

6. Planning Permission Process and Procedures • Requirement for Planning Approval • Content of Environmental Impact Statement • Planning Approval Procedure • Planning Decision • Oral Hearing • Areas of Public Involvement

7. Requirement for Planning Approval / Permission from An Bord Pleanala • Where Environmental Impact Statement (EIS) required for development by/on behalf of Local Authorities, Planning Approval / Permission is sought from An Bord Pleanala • EIS required under Planning Regulations for development comprising: “Waste disposal installations for the incineration or chemical treatment as defined in Annex 11A to Directive 75/442/EEC under heading D9, of non-hazardous waste with a capacity exceeding 100 tonnes per day” (Item 10 of Part 1 of Schedule 5 of Planning and Development Regulations, 2001)

8. Content of Environmental Impact Statement • Description of the development, remedial measures, alternatives considered, methodologies, baseline studies and impact assessment • Aspects of the Environment to be Considered /Assessed • Human Beings: Community Aspects, Demographic Aspects, Employment • Flora and Fauna: All ecological aspects • Soil • Water: Natural water bodies, ground water, water supply and drainage • Air: Noise, Vibration, Light, Air Quality (pollution), Odour • Climate: Microclimate • The Landscape: Visual impacts • Material Assets: Traffic, Property, Architectural Heritage, Archaeology and Cultural Heritage • Inter-relationships of all the above

9. Planning Approval Procedure • Prior to lodgement of application and EIS with An Bord Pleanala, Dublin City Council / applicant to publish notice in newspaper • Notice shall:- • Describe proposed development and location • State that approval is being sought for the development from An Bord Pleanala • State that an Environmental Impact Statement has been prepared in respect of the development • Outline times, places and period in which the EIS may be inspected by the public free of charge, or a copy purchased (may not be less than 6 weeks) • Invite the making of submissions or observations in writing to An Bord Pleanala in the display period (may not be less than 6 weeks) • Submissions / observations may relate to: - implications of the development for proper planning and sustainable development of the area, e.g. potential incompatibilities with established nearby land uses or nearby proposed land uses - likely impacts of the development on the environment

10. Planning Approval Procedure • Prior to lodging application and EIS, Dublin City Council must send a copy of application and EIS to “prescribed authorities” along with notice stating that submissions or observations may be made in writing to ABP during a specified time • “Prescribed Authorities” to be sent application and EIS depends on location and likely predicted impacts and implications of proposed development. May include among others: • An Taisce • Bord Failte Eireann • The Minister for Arts, Heritage, Gaeltacht and the Islands • The Heritage Council • Regional Authority • National Roads Authority • Dublin Transportation Office • Environmental Protection Agency • Health Board • Minister for the Marine and Natural Resources

11. Planning Approval Procedure • An Bord Pleanala may require Dublin City Council to submit further information in relation to the effects on some aspect of the the environment • If An Bord Pleanala consider further information contains significant additional information they must require Dublin City Council to publish a further notice in newspaper (details in notice generally as before) • Further information shall be placed on further display for a period of not less than 3 weeks • Further submissions / observations in writing in relation to the further information may be made to An Bord Pleanala in this period (not less than 3 weeks) • Copy of the further information also to be sent to any prescribed bodies formerly notified and further submissions invited

12. Planning Approval Procedure • An Bord Pleanala may request EPA to make observations in relation to the development and the EIS submitted - ABP must have regard to these observations • An Bord Pleanala may hold an oral hearing - at the discretion of An Bord Pleanala

13. Planning Approval Procedure • Before making a decision An Bord Pleanala shall consider the following:- - the EIS submitted - any submissions / observations lodged - any further information lodged - the report and any recommendations of the person conducting the oral hearing and Inspector assessing application All in respect of:- - likely effects on the environment - likely consequences for the proper planning and sustainable development of an area

14. Planning Approval Procedure • When considering the consequences for the “proper planning and sustainable development” An Bord Pleanala must have regard to:- - the provisions of the development plan for the area - the provisions of any special amenity area order relating to the area - none in this case - where relevant the policies of the Government, the Minister or any other Minister of the Government - in this case any National or Regional Policy on waste - the provisions of the Planning Acts and Regulations

15. Planning Approval ProcedureOral Hearing • If An Bord Pleanala decides to hold an Oral Hearing it shall serve notice on the applicant and any persons / bodies which have made submissions / observations - time and venue • An Bord Pleanala will assign a person to conduct the Oral Hearing - Planning Inspector of An Bord Pleanala • Person conducting Oral Hearing shall have discretion as to how it will be conducted. The persons shall - conduct hearing without undue formality - decide the order of appearance of people at the hearing - permit any person to appear in person or be represented by another person - hear a person other than a person who has made written submissions where it is considered appropriate in the interests of justice to allow that person to be heard - Inspector will usually allow cross-examination

16. Planning Approval ProcedurePlanning Decision • Planning Decision: An Bord Pleanala may - Approve a development - Approve a development subject to conditions - Refuse permission for development • Where An Bord Pleanala approves a development subject to conditions it may not - Attach conditions which would control emissions from the operation of the activity or following the cessation of the activity • Where An Bord Pleanala refuses permission it must give reasons for doing so. It may refuse permission if An Bord Pleanala considers the development is unacceptable on environmental grounds (may also refuse permission for range of other planning reasons)

17. Planning Approval ProcedureIssue of Decision • No specified time period in which An Bord Pleanala obliged to make a decision - usually aim to determine application in 18 weeks from receipt of last submission lodged on foot of public notice invitation • A Planning Inspector working for An Bord Pleanala assesses application, EIS, holds oral hearing and makes recommendation to the members of An Bord Pleanala • Members will vote on application having regard to detailed recommendation of Inspector - majority vote carries the decision. • An Bord Pleanala is final arbiter on planning matters - only further route for overturning decision of ABP is by way of judicial review on procedural/legal grounds

18. Planning Approval ProcedurePotential Areas of Public Involvement • Definite opportunity to make submissions / observations in writing to An Bord Pleanala following publication of newspaper notice, during initial display period (not less than 6 weeks) • Potential opportunity to make submissions / observations in writing to An Bord Pleanala if significant further information submitted and further notice given in newspaper (not less than 3 weeks - submissions on further information) • Potential opportunity to make oral submission to An Bord Pleanala in the event that an Oral Hearing is held - Where a person has already made a written submission they shall be permitted to make an oral submission - Where a person has not already made a written submission the Inspector will allow that person to make an oral submission if it is considered to be in the interests of justice to do so

19. The EPA Licensing Process Anne Butler Environmental Consultant. . 25 September 2004

20. Structure of Presentation BACKGROUND LEGISLATION/ EPA LICENCE APPLICATION AND EIS PROCEDURES/OBJECTIONS/ORAL HEARING ENFORCEMENT

21. 1. BACKGROUND EPA established 1993 Licensing of certain industries commenced 1993 Waste Management Act 1996 meant major waste facilities to be licensed by EPA with others permitted by Local Authorities EPA Waste Licensing commenced in May 1997

22. BACKGROUND contd • EPA HQ in Wexford • EPA regulates industry and waste management facilities through two licensing processes……IPPC and Waste Licensing • Decisions made by Board of Agency ( 5 Full Time Directors)

23. Legislation Governing Incineration • EPA Act, Waste Management Act and Protection of Environment Act + • Waste Incineration Directive 2000/76/EC • SI 64 (Licensing of Incineration)Regs,1998 • SI 275(Incineration of Waste)Regs, 2003

24. Content of Environmental Impact Statement • Description of the development, remedial measures, alternatives considered, methodologies, baseline studies and impact assessment • Aspects of the Environment to be Considered /Assessed • Human Beings: Community Aspects, Demographic Aspects, Employment • Flora and Fauna: All ecological aspects • Soil • Water: Natural water bodies, ground water, water supply and drainage • Air: Noise, Vibration, Light, Air Quality (pollution), Odour • Climate: Microclimate • The Landscape: Visual impacts • Material Assets: Traffic, Property, Architectural Heritage, Archaeology and Cultural Heritage • Inter-relationships of all the above

25. Licensing Process …. Incinerator • EPA decides whether IPPC or Waste Licence • Both Licensing Systems very similar since amendments ex Protection of Environment Act 2003 • EPA Decision is a two stage process

26. Licensing Process (2) • Application + EIS sent to EPA • Open to anyone to make submission on application • EPA may seek further information • EPA make “draft decision” and issue it to applicant, all who made submissions, other specified parties and put it on website

27. OBJECTIONS Where there are objections to the “draft decision” the Agency ; • circulates the objections to all interested parties and seeks submissions on them • Decides whether to hold an Oral Hearing • If it does not hold an Oral Hearing it proceeds to consider the objections and submissions and make a decision

28. Oral Hearing (1) • Agency appoints person/s to conduct hearing • Agency notifies all relevant persons of date and location • All parties to objection are heard • Report prepared for Board of Agency( Decision Maker)

29. Oral Hearing (2) • Agency Board considers report of Oral Hearing, Objections and Submissions • Agency makes decision to either (a) grant a licence (b) grant a licence with conditions or ( c) refuse a licence • Agency issues decision to all relevant parties and publishes it on website • Decision challengeable by Judicial Review

30. Factors Affecting Licence Decision (1) EPA cannot grant licence unless satisfied that; • emissions will not breach any environmental standard • emissions will not cause significant environmental pollution • Best Available Techniques (BAT) will be used • Energy will be used efficiently

31. Factors Affecting Licence Decision contd • Measures will be taken to limit accidents and their consequences for the environment • Applicant is a fit and proper person • Noise from the activity will not contravene any regulations issued under EPA Act

32. Best Available Techniques (BAT) Emphasis on ; • pollution prevention techniques • energy efficiency • efficient use of raw materials, chemicals & water • in plant changes,recycling and reuse, processes, material handling and storage EPA will publish BAT notes to identify type of techniques that will define BAT for each sector

33. Enforcement • Licences will be enforced by Office of Environmental Enforcement (OEE) • Includes monitoring and reporting by Licensee, audits and unannounced inspections and monitoring by OEE • EPA has powers to take enforcement action such as court action and revoking / suspending licence