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An application for a waste water discharge (WWD) licence (or review of a licence) must satisfy legislative requirements, largely set out in the Waste Water Discharge (Authorisation) Regulations 2007, as amended.
An application must be made on the specified application form, (guidance notes are available)
It should be noted that the process regarding the application for (or the review of) a certificate of authorisation is different. See Certification Process Explained.
The licence application process involves a number of stages as outlined below.
The EPA facilitates pre-application consultation meetings with prospective applicants. Such meetings are held on request.
It should be noted that in the case of shared waste water works, the application is to be made by the authority that is agreed between the sharing authorities or, in default of agreement, by the authority in whose area the primary discharge point is located. Prior to making the application and no later than 2 months before the specified date for submitting the application, the agreed or default authority must “compile and submit an inventory and accompanying maps or drawings identifying each element of the works and associating it with the relevant authority controlling such element and the drainage catchment area and such other information as may be requested by the Agency”. On the basis of this information the EPA will decide what individual works or combination of works or parts thereof should comprise a single application.
Before making an application, you must:
The content of the notices is set out in the Regulations.
This stage includes EPA assessment of the application and submissions on the application.
In making an application, make sure to:
We may request further information in accordance with the regulations.
Once we have acknowledged the application as complete, we cannot make a decision on the application until a month has passed to allow for further submissions.
Before making our decision, we must take into account any valid submissions received.
The EPA, in arriving at its decision, considers the application, all submissions received and the report of its inspector.
The EPA is required to make a decision on an application within a period of 4 months from the date of receipt of a full application, however this period may be extended in certain circumstances.
The EPA notifies the applicant, and any person who made a written submission, of the decision on the application, and makes it available for public inspection on its website.
Where a Water Services Authority is of the opinion that its existing Waste Water Discharge Licence requires a review, it should contact the Office of Environmental Enforcement in writing outlining the reasons why it thinks its Licence needs to be reviewed. The Office of Environmental Enforcement in consultation with the Environmental Licensing Programme of the Office of Climate, Licensing and Resource Use, will consider the grounds for review and make a decision on whether or not a review is required. This decision will be notified to the Licensee.
Once it is established that a review is required, the Licensee proceeds to apply for a review of their Licence in accordance with the Waste Water Discharge (Authorisation) Regulations 2007, as amended. The procedure for lodging an application for a review of a Waste Water Discharge Licence is similar to that of applying for a Licence.
The Agency can also initiate a review of a Licence in certain circumstances as outlined in Regulation 14 of the Waste Water Discharge (Authorisation) Regulations, 2007, as amended.
The Agency may amend a licence or certificate or revised licence or revised certificate for the purposes of -
Judicial Review of Environmental Protection Agency decisions under the provisions of the Waste Water Discharge (Authorisation) Regulations 2007 as amended A person wishing to challenge the validity of an EPA decision may do so by way of judicial review only. The validity of a decision taken by the EPA may only be questioned by making an application for Judicial Review under Order 84 of the Rules of the Superior Courts (as amended). The Rules of the Superior Courts and all relevant amendments can be found at www.courts.ie or www.irishstatutebook.ie
Regulation 34 of the Waste Water Discharge (Authorisation) Regulations 2007 (as amended) provides that any application for judicial review must be made within twenty eight days of the date on which the EPA issues either (1) the authorisation or (2) notification of a decision not to consider an application or to refuse.
Further information on Judicial Review in environmental and planning matters may be found at www.citizensinformation.ie (see http://www.citizensinformation.ie/en/environment/environmental_law/judicial_review_in_planning_and_environmental_matters.html)
Disclaimer: The above is intended for information purposes. It does not purport to be a legal interpretation of the relevant provisions and it would be advisable for persons contemplating judicial review proceedings to seek independent legal advice.
For further information contact the Environmental Licensing Programme at:
Office of Climate, Licensing & Resource UsePO Box 3000Johnstown Castle EstateCounty Wexford
Tel: Locall 1890 33 55 99 OR 053 916 0600Fax: 053 916 0699Email: email@example.com
PO Box 3000 Johnstown Castle Estate Wexford, Y35 W821 053-916 0600Other EPA locations
© EPA 2016