When applying to the EPA for a VOC permit, you must satisfy a number of legislative requirements, largely set out in:
EPA Act 1992 (Control of Volatile Organic Compound Emissions Resulting from Petrol Storage and Distribution) Regulations, 1997 (S.I. 374 of 1997).
This application process involves a number of stages.
Before making an application, you must:
The content of the notices is set out in the EPA Act 1992 (Control of Volatile Organic Compound Emissions Resulting from Petrol Storage and Distribution) Regulations, 1997 (S.I. 374 of 1997).
When submitting an application, it is important that:
If your application does not comply with the First Schedule of the Regulations, we may:
We may extend the period for assessment of your application in certain circumstances.
Before making our Proposed Decision, we will take into account any written submissions received.
We are required to indicate how we propose to determine an application and will:
Any person(s) or body (including the applicant for a permit or an existing permit holder) can make an objection to the EPA within one month of the Proposed Decision being issued.
The applicant and those submitting a valid objection will be regarded as a party or parties to an objection.
On submitting a valid objection, the applicant and any person(s) or body will be issued with a copy of all valid objections. Submissions in relation to an objection can be made within one month of copies of the objection being circulated.
We cannot consider submissions on objections received after this one-month period and cannot consider further elaborations.
We do have the discretion, however, in the interests of justice and where in particular circumstances we consider appropriate, to request a party to an objection to make a submission in relation to any matter which has arisen in the course of an objection.
Where appropriate, we may request any party to an objection to submit further information within a specified period.
Where no valid objection is made within the prescribed period, we will issue our decision as per the Proposed Decision.
A person making a valid objection may request an oral hearing. This involves a fee.
In arriving at our decision, we will consider the application and all objections, submissions received and, where an oral hearing has been held, the report and recommendation of the person(s) who conducted the hearing.
When a final decision has been made, we will notify:
The decision of the EPA will be made available for inspection and published in a newspaper circulating in the area.
Judicial Review of Environmental Protection Agency decisions under the provisions of the Environmental Protection Agency Act, 1992 (Control of volatile organic compound emissions resulting from the storage of petrol and its distribution) Regulations, 1997 (S.I. No. 374 of 1997)
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
Order 84 rule 21(1) of the Rules of the Superior Courts (as amended) provides that any application for judicial review must be made within three months of the decision of the EPA. Order 84 rule 21(3) allows the High Court extend this period in limited circumstances.
Further information on Judicial Review in environmental and planning matters may be found at www.citizensinformation.ie
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.