Environmental Protection Agency Act, 1992

Conditions attached to a licence.

84.—(1) Without prejudice to the generality of section 83 (1), conditions attached to a licence or revised licence granted under this Part may—

(a) specify the nature, composition, temperature, volume, level, rate, method of treatment and location of an emission,

(b) specify the periods during which an emission may, or may not, be made,

(c) specify limits to the effects of an emission,

(d) specify the concentration of a pollutant in an environmental medium or a deposition or discharge rate which shall not be exceeded,

(e) specify any matters relating to the design, construction, dimensions of pipes, chimneys, flues, stacks or other outlets through which an emission is to be made,

(f) specify the means (including the provision, operation, maintenance and supervision of plant and other facilities and the use of specified procedures or codes of practice) to be used for controlling an emission,

(g) specify requirements or limits in relation to the amount or composition of any substance produced by or utilised in the activity in any period,

(h) require the provision, operation and maintenance of meters,gauges, manholes, inspection chambers and other apparatus and other means for monitoring the nature, extent and effects of emissions,

(i) require the taking and analysis of samples, the making of measurements, the keeping of records and the furnishing of information to the Agency or to any other person or body who may be specified, including confirmation by the licensee of compliance with the conditions attached to a licence or revised licence and indicating any breaches of such conditions,

(j) specify the measures to be taken if there is a breakdown of any plant or other equipment or procedures which may affect emissions from the activity concerned,

(k) specify the type of fuel to be, or not to be, used, as the case may be,

(l) specify the nature of any treatment to be applied to waste and the manner in which it shall be held or disposed of,

(m) specify measures to be taken after an emission, which is not in accordance with other conditions attached to the licence or revised licence, has taken place or after an activity ceases operation,

(n) require the making of payments to the Agency in relation to costs incurred in monitoring, or otherwise in relation to, emissions,

(o) require the payment to the Agency of a charge or charges prescribed under or calculated in accordance with section 93 ,

(p) require the payment to the sanitary authority concerned of a charge in relation to a discharge to a sewer as provided for under section 97 ,

(q) specify the latest date for complying with any conditions which are attached.

(2) It shall be an offence not to comply with any condition attached to a licence or revised licence.

(3) The Agency, or the sanitary authority, as the case may be, may recover the amount of any payment due to it arising from a condition attached to a licence or revised licence as a simple contract debt in any court of competent jurisdiction.

(4) Where a permission under Part IV of the Act of 1963 has been granted or an application has been made for such permission in relation to an activity, the Agency—

(a) shall consult with the planning authority in whose functional area the activity is or will be situate in relation to any development which is necessary to give effect to any conditions to be attached to a licence or revised licence and which the Agency considers is not the subject of a permission or an application for a permission under Part IV of the Act of 1963, and

(b) may attach to the licence or revised licence such conditions related to the above-mentioned development as may be specified by the planning authority for the purposes of the proper planning and development of the area or stricter conditions as the Agency may consider necessary for the prevention, limitation, elimination, abatement or reduction of pollution.