S.I. No. 78/1996 - Environmental Protection Agency Act, 1992 (Established Activities) Order, 1996.


S.I. No. 78 of 1996.

ENVIRONMENTAL PROTECTION AGENCY ACT, 1992 (ESTABLISHED ACTIVITIES) ORDER, 1996.

The Minister for the Environment, in exercise of the powers conferred on him by sections 7 and 82 (2) of the Environmental Protection Agency Act, 1992 (No. 7 of 1992), hereby orders as follows:

1. This Order may be cited as the Environmental Protection Agency Act, 1992 (Established Activities) Order, 1996.

2. This Order shall come into operation on the 16th day of April, 1996.

3. In this Order—

any reference to a Schedule or article which is not otherwise identified is a reference to the Schedule or an article of this Order;

"the Act" means the Environmental Protection Agency Act, 1992 ;

"the number of acute in-patient beds" means the total number of acute in-patient beds or bed spaces, either in use or available for use, in a hospital or hospitals related to the act ivity on the date specified under article 4 or during normal levels of operation of the act ivity, whichever is the greater.

4. Subject to articles 5 and 6, the date specified in column (3) of the Schedule opposite a class of established activity identified in column (2)

( a ) shall be the specified date for such activity for the purposes of section 82 (2) of the Act, and

( b ) shall apply to such activity and to any other established activity which is associated with such activity and, on, at or adjacent to the site.

5. Notwithstanding article 4, and without prejudice to section 92 of the Act, the date specified in relation to a class of established activity shall be the date on which an application for a licence is made under Part IV of the Act in relation to any activity on, at, or adjacent to the site of the established activity and associated with the established activity, where such date of application is earlier than the date specified.

6. Notwithstanding article 4 and without prejudice to section 92 of the Act, the date specified in relation to a class of established activity shall be—

( a ) (i) the date (being a date on or after the commencement of this Order) on which an application for a licence or revised licence or permit or revised permit under any of the enactments to which section 99 (1) of the Act relates is made to a local authority, sanitary authority or the Minister for the Marine, or

(ii) the date (being a date on or after the commencement of this Order) on which a review of a licence or revised licence or permit or revised permit under any of the enactments to which section 99 (1) of the Act relates is commenced by the local authority, sanitary authority or the Minister for the Marine,

where such date is earlier than the relevant date specified, or

( b ) the 16th day of April, 1996, where, on that date, there is an application for a licence or revised licence, or permit or revised permit, or a review of a licence or revised licence or permit or revised permit, under any of the enactments to which section 99 (1) of the Act relates, and the application or review has yet to be determined by the local authority, sanitary authority or the Minister for the Marine.

SCHEDULE

Reference Number of Activity in the First Schedule to the Act

Class of Established Activity

Specified Date

(1)

(2)

(3)

4.2

The manufacture of glass fibre or mineral fibre.

1 October, 1996

4.3

The production of glass (ordinary and special) in plants with a capacity exceeding 5,000 tonnes per year.

1 October, 1996

7.4

The slaughter of animals in installations where the daily capacity exceeds 1,500 units and where units have the following equivalents—

1 October, 1996

1 sheep

= 1 unit,

1 pig

= 2 units,

1 head of cattle

= 5 units,

11.2

The incineration of hospital waste where the number of acute in-patient beds is 200 or less.

1 October, 1996

5.7

The manufacturer of paints, varnishes, resins, inks, dyes, pigments or elastomers where the production capacity exceeds 1,000 litres per week.

4 March, 1997

7.6

The manufacturer of sugar.

4 March, 1997

8.4

The manufacture of synthetic fibres.

4 March, 1997

8.5

The dyeing, treatment or finishing (including moth-proofing and fireproofing) of fibres or textiles (including carpet) where the capacity exceeds 1 tonne per day or fibre, yarn or textile material.

4 March, 1997

8.6

The fell-mongering of hides and tanning of leather in installations where the capacity exceeds 100 skins per day.

4 March, 1997

13.2

The manufacture of integrated circuits and printed circuit boards.

4 March, 1997

3.9

Boilermaking and the manufacture of reservoirs, tanks and other sheet metal containers where the production area exceeds 500 square metres.

1 July, 1997

12.3

Electroplating operations where the volume of the treatment vats exceeds 30 cubic metres.

1 July, 1997

GIVEN under the Official Seal of the Minister for the Environment,

this 27th day of March, 1996.

BRENDAN HOWLIN,

Minister for the Environment.

EXPLANATORY NOTE.

This Order, which should be read in conjunction with section 82 (3) of the 1992 Act, specifies dates on or after which the established activities concerned are required to have applied to the Environmental Protection Agency for an integrated pollution control licence.