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.
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A request for an Oral Hearing can be withdrawn at any time prior to it being considered by the Board of the Agency.
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.
Browse the FAQ's to learn more
Text of class 11.5 of the First Schedule of the EPA Act 1992 as amended:
It would be convenient to limit the application of IED to those landfills subject to the Landfill Directive. However the definition of class 11.5 is silent on the applicability of the Landfill Directive and simply refers to landfills, potentially meaning all landfills, regardless of the applicability of the Landfill Directive or status of operations – e.g. operational, aftercare.
The definition of class 5.4 in the Directive indicates that landfills are as defined in the Landfill Directive, but does not restrict the application of IED to those landfills subject to the Landfill Directive.
Article 82 of the Industrial Emissions Directive states (paraphrased) the following:In relation to installations carrying out activities referred to in Annex I, …point 5.4 … which are in operation and hold a permit before 7 January 2013…, Member States shall apply the laws, regulations, and administrative provisions adopted in accordance with Article 80(1) from 7 January 2014….
Article 76A(8) of the Waste Management Act 1996 as amended, states, in relation to class 11.5 (landfill) activities, that the Agency shall, by 7 January 2014, examine the terms of every waste licence and determine whether, having regard to the provisions of the Industrial Emissions Directive, the waste licence is to be amended to bring it into conformity with the Directive.
The provisions of the Industrial Emissions Directive (Article 82) state that the Directive should be applied to installations “which are in operation”. The Agency will apply the provisions of the IED only to those landfills “which are in operation”. The Landfill Directive differentiates between two principal phases of a landfill – the operational phase and the aftercare phase. The provisions of the IED will be applied to those landfills that remain in the operational phase. The Landfill Directive is silent on the closure phase as being a distinct phase, therefore the operational phase will be taken to include the period of time during which closure procedures are being implemented. The onus will be on the landfill operator (licensee) to demonstrate the documented achievement of site closure in accordance with the CRAMP (including verification of definite closure by OEE) and demonstrate that the site has entered the aftercare phase before 7 January 2014.
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:
The storage of waste is a (pre-)treatment operation. In the Waste Framework Directive (2008/98/EC), ‘treatment’ means recovery or disposal operations, including preparation prior to recovery or disposal. Disposal and recovery operations are listed (in a non-exhaustive list) in Annex I and II respectively of the Directive. Activities D15 and R13 are storage operations, as follows:
Having regard to the scope of both the Slaughterhouses and Animal by-products Industries BREF and the Food, Drink and Milk Industries BREF, the ‘slaughter’ activity (class 7.4.1) is considered to end with the making of standard cuts for large animals and the production of a clean whole carcase for poultry. Standard cuts are defined as carcases, half carcases, half carcases cut into no more than three wholesale cuts and quarters. Chilling is considered part of the slaughtering class, if it is chilling of the carcase or standard cuts. For the purposes of clarity, the slaughter activity covers the removal of offal and appendages.
A Class 11.6 activity is the temporary storage of hazardous waste pending any of the activities referred to in paragraph 11.2, 11.3, 11.5 or 11.7 with a total capacity exceeding 50 tonnes. It does not apply to the temporary storage of hazardous waste on the site where the waste is generated and is awaiting collection.