Anyone who makes a valid objection to a proposed determination can request an oral hearing. A request must include the €100 fee (in addition to the objection fee) and be received within the 28-day objection period. This period commences on the date of notification of the proposed determination by the Environmental Protection Agency (EPA).
The EPA has absolute discretion to hold an oral hearing, whether or not a request has been made.
Factors
While there is no specific statutory criteria governing the decision to hold one, factors that would influence us include:
Can I withdraw an oral hearing request?
A request for an Oral Hearing can be withdrawn at any time prior to it being considered by the Board of the Agency.
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Aspects of Licensing Procedures: Objections and Oral Hearings to find out more about oral hearings.
Oral Hearing FAQs
An Oral Hearing is a forum for all parties to an objection to orally express their objections and concerns about a Proposed Determination. It provides the applicant, objector(s) and the local authority (where relevant) the opportunity to appear in person and/or to be represented by another person.
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According to the Waste Management Act 1996, as amended, the temporary storage of waste refers to the storage of waste for a period of not more than six months.
The Agency wishes to bring to your attention an impending date specified in the European Union (Large Combustion Plants) Regulations 2012 S. I. No. 566 of 2012 regarding the Limited life time derogation.
Where the operator of a combustion plant wishes to avail of the limited lifetime derogation under Regulation 11 of S.I. No. 566 of 2012, they must, inter alia, submit to the Agency by the 1 January 2014 a written Declaration not to operate the plant for more than 17,500 operating hours, starting from 1 January 2016 and ending no later than 31 December 2023, with plant closure thereafter.
Should you wish to avail of this derogation the Agency may need to amend or review your licence to ensure that the specific requirements of the LCP Regulations (S.I. No. 566 of 2012) are brought into effect and you will be notified of this in due course. These specific requirements are set out in Regulation 11 of S.I. No. 566 of 2012.
What are the newly prescribed activities in the food & drink sector (activities which previously did not require a licence)?
Newly prescribed activities in the food and drink sector include those installations involved in:
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What are the newly prescribed activities under the First Schedule of the EPA Act 1992 as amended (existing installation not covered by the EPA Act)?
The following activities are newly prescribed and will require an Industrial Emissions Licence by 7th July 2015:
Given the complexity and scale of some IED activities, and in order to avoid possible delays caused by submitting an incomplete application, the EPA recommends that you engage in pre-application clarification/consultation prior to submitting your application for an IED licence.
Contact the EPA Environmental Licensing Programme at licensing@epa.ie if you wish to arrange a pre-application meeting.
How do I interpret the term "pre-treatment" as it pertains to activities under class 11.4(a)(iii) and 11.4(b)(ii)?
The term "pre-treatment" is not defined in the Industrial Emissions Directive. The term "treatment" is defined in the Waste Framework Directive (2008/98/EC) as:
'recovery or disposal operations, including preparation prior to recovery or disposal'.
The term 'treatment' has the same meaning as 'pre-treatment'.
Operators who carry out recovery and/or disposal activities on waste followed by dispatch of the waste for incineration or co-incineration should be regarded as carrying out “pre-treatment of waste for incineration or co-incineration” for the purposes of the new First Schedule.
When deciding whether an activity comprises “pre-treatment of waste for incineration or co-incineration” for the purposes of the new First Schedule, applicants should consider what happens within the waste facility that is to be authorised, and not any treatment or pre-treatment that took place previously at another facility or the presence of waste segregation practices at the point of waste collection.
The following should not generally be regarded as constituting "pre-treatment of waste for incineration or co-incineration":
Solid recovered fuels and refuse derived fuels are often but not always produced to a technical specification that might also comprise a quality standard and/or a quality assurance scheme. They are also often produced to be classified by the EWC codes 191210 or 191212. The absence of:
for a solid recovered fuel or refuse derived fuel is not indicative that an activity does not comprise "pre-treatment of waste for incineration or co-incineration".