Mullaghglass Landfill PPC Permit Decision Document

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Determination of a Permit Application for a PPC Landfill Permit under
the Pollution Prevention and Control (Industrial Emissions)
Regulations (NI) 2013 (SR 2013 No. 160) and the Landfill Regulations
(Northern Ireland) 2003 (SR 2003 No. 496)
Decision Document recording the decision-making process
Note: all references to the “PPC Regulations” are to the Pollution Prevention and Control
(Industrial Emissions) Regulations (Northern Ireland) 2013 (SR 2013 No.160) and all references
to the “Landfill Regulations” are to the Landfill Regulations (Northern Ireland) 2003 (SR 2003
No. 496).
Administrative details
Application date
NIEA/Chief Inspector
Application”)
20 June 2014
reference
(“the
Permit WPPC 11/06
Permit number (the “Permit”)
P0449/14A
Applicant (the “Applicant”)
Stanley Bell and Sons Ltd
Address/location of Installation(the “Installation”)
Lands at Stanley Bell and Sons Quarry
Ballynagilly Road
Cookstown
Co Tyrone
BT80 9SX
Name of Account Officer
Sherrie Murray
Signature of Account Officer:
………………………………………………..
Name of Authorising Officer
Eugene Kelly
Signature of Authorising Officer:
………………………………………………..
All relevant documents have been sent to the IPPC Public Registers
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Purpose of this document
The Decision Document ("DD") explains how the Applicant’s Application has been determined
and why the specific conditions in the Permit have been imposed. It is a record of the decisionmaking process to show how all relevant factors have been taken into account.
This DD provides an explanation for the use of the conditions within the Permit.
Summary of the decision
We have decided to grant a Permit that allows the Applicant to operate the Installation, subject
to the conditions set out in this Permit. The conditions have been considered to be appropriate
for the Installation, in particular in taking account of the principle that all appropriate measures
will be taken against pollution and that no significant pollution will be caused. We consider that
in our decision to issue the Permit and in the conditions included therein, we have taken into
account all relevant considerations and legal requirements.
Description of the Permitted Installation
A non-technical summary of the activities covered by the Permit is contained within the
Application. There is also a description of the Installation included in the Introductory Note to
the Permit.
Definitions are the same as described in schedule 7 of the Permit.
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Part A – Introduction
A1 Administration
This section includes administrative information relating to the Application and
information about the Applicant and the Installation.
"Duly made" check on Application received
The Application was determined to be duly made on 30 June 2014
Consultation on the Permit Application
The Application was advertised by the Applicant on 31ST July 2014 in The Mid Ulster Mail and
on 1st Aug 2014 in The Belfast Gazette.
We sent copies of the Application to the following statutory consultees in accordance with Part 2
of Schedule 4 to the PPC Regulations:

Food Standards Agency Northern Ireland;

The Planning Service

Public Health Agency

Cookstown District Council

NIEA CDP

DCal Inland Fisheries

NIEA Water Management Unit
Consideration of consultation responses
Responses were received from the following statutory and non-statutory consultees:

Food Standards Agency Northern Ireland;

The Planning Service

Public Health Agency

Cookstown District Council

NIEA CDP

DCal Inland Fisheries

NIEA Water Management Unit
We have considered all responses in determining the Permit Application. The ways in which
material responses have been taken into account are summarised in Appendix I to this
document.
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A2
The Applicant
Fit and Proper Person
The Applicant has been able to demonstrate that it is a Fit and Proper Person to carry out the
Specified Waste Management Activities that are part of the permitted activities at the
Installation.
The considerations taken into account were:
Technical Competence –The Operator has provided evidence that the management of Stanley
Bell and Sons Ltd will hold the appropriate WAMITAB certificates for the operations carried out
at Ballynagilly Quarry Landfill Site.
A3
The Installation
The Site
The Applicant provided a plan (Drawing Number 47062662/610 – Dated 19-06-14) which we
consider is satisfactory for showing the site of the Installation and its extent . The Operator is
required to carry on the Permitted activities within the site boundary.
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The Permit Conditions
1. Management
1.1 General Management
Based upon the information submitted in the Application, we are satisfied that appropriate
management systems and management structures are in place for this Installation and that
sufficient financial, technical and manpower resource is available to the Operator to ensure
compliance with all the Permit conditions.
The condition requires the Operator to submit a site-specific Management Plan that will detail
the procedures to be used to undertake the Activities at the site. We consider that this is
necessary to ensure that we can effectively regulate the Installation. The Operator is required to
undertake the Activities in accordance with the Management Plan, however in order to ensure
that the Operator is able to amend their management of the site, the Management Plan can be
changed, subject to notification to and consent by the Chief Inspector.
1.2 Breach of permit conditions
Condition 1.2 requires the Operator to suspend operations if a permit breach threatens to cause
immediate significant adverse effect on the environment. Any breach of permit condition must
be reported to the Chief Inspector immediately and take measures to ensure that compliance is
restored in the shortest possible time.
1.3 Accidents that may cause pollution
The Application contained a section on accident management. This permit condition requires
that the Operator prepare and operate an appropriate accident management plan in order that
accidents that may cause pollution are minimised.
1.4 Finance
Based upon the information submitted in the Application, we are satisfied that the Operator
intends to, and is able to, make suitable Financial Provision obligations. This condition requires
that the Financial Provision must maintain adequate financial provision throughout the
subsistence of this Permit.
1.5 Energy Efficiency
Condition 1.5 requires the Operator to review energy efficiency every 4 years and implement
any appropriate measures identified by the review.
1.6 Avoidance, recovery and disposal of wastes produced by the activities
Condition 1.6 requires the Operator to ensure that the waste hierarchy referred to in Article 4 of
the Waste Framework Directive is applied to the generation of waste by the activites and any
waste generated by the activities is treated in a accordance with the hierarchy and where
disposal is necessary, this is undertaken in a manner which minimises its impact in the
environment.
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1.7 Site security
Condition 1.71 requires the Operator to provide site security that will prevent unauthorised
access to the site.
1.8 Multiple operator Installations
This is not a multi-operator installation.
2. Operations
2.1 Permitted activities
Permitted activities are specified in Schedule 1.
2.2 The Site
The PPC boundary is outlined in red on Drawing Ref: 47062662/610 dated 19-06-14.
2.3 Off-site conditions
No off site conditions apply.
2.4 Commencement
The Operator shall not commence disposal in any new phase until the Chief Inspector give his
agreement in writing.
2.5 Pre-Operational Conditions
Pre-operational conditions are listed in Schedule 1 Table S1.3.
2.6 Improvement programme
Improvement programme requirements are listed in Schedule 1 Table S1.3.
2.7 Engineering.
This condition sets the requirements that the Operator must comply with regarding the
engineering works proposed within the Application. The Operator must submit construction
proposals and CQA documentation prior to any construction taking place and must also submit
CQA validation reports following construction.
2.8 Waste acceptance
Condition 2.8.8 limits the maximum quantity of waste which can be deposited annually to 74,999
tonnes.
2.9 Leachate Management
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No condition applies.
2.10 Closure, aftercare and decommissioning
This condition requires the Operator to operate the facility so as to prevent or where that is not
practicable to minimise any pollution risk. The Operator is required to maintain a site closure
plan and review the closure plan every 4 years.
2.11 System for the protection of soil and groundwater
This condition requires the Operator to review the justification that the monitoring is not required
every 5 years. We have decided that the monitoring conditions within the permit fulfil the
requirements of this condition.
3. Site infrastructure
3.1 Site access
This condition is included to ensure that the Operator provides and maintains adequate roads
within the Installation and provides wheel cleaning facilities, in order to prevent the tracking of
mud onto the public highway.
3.2 Noticeboards
This condition requires the Operator to provide an appropriate noticeboard for the Installation.
3.3 Liquid storage
This condition sets the requirements for the storage of liquids whose emission to water or land
could cause pollution.
4. Emissions and monitoring
4.1 Emissions to water air or land
On the basis of the details provided in the Application we are satisfied that the only emissions
from the Installation will be from the point sources identified within the Application.
4.2 Emissions to groundwater
On the basis of the Hydrogeological Risk Assessment (HRA) provided with the Application, we
are satisfied that the Operator’s proposals will not result in pollution of groundwater. This
condition requires the Hydrogeological Risk Assessment to be reviewed over the lifetime of the
Installation.
In Table S4.1, control levels have been set for chloride, ammoniacal nitrogen, potassium and
lead as suitable substances for assessment of an inert landfill site.
In Table S4.2, trigger levels have been set for chloride, ammoniacal nitrogen, potassium and
lead. The trigger levels set for these substances are at the appropriate EALs for these
substances based on the information provided in the Application.
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Condition 4.2.4 sets out the actions that the Operator must take upon the exceedance of any
trigger levels. These actions are in accordance with Schedule 3, paragraph 4(1) to the Landfill
Regulations.
4.3 Fugitive emissions of substances
On the basis of the details provided in the Application, we are satisfied that fugitive emissions
that may cause pollution are unlikely to occur. This condition requires the Operator to take
appropriate measures to prevent any such fugitive emissions from causing pollution.
4.4 Odour
This condition requires the Operator to take appropriate measures to prevent any odours at
levels likely to cause annoyance outside the Site.
4.5 Noise and vibration
This condition requires the Operator to take appropriate measures to prevent any noise and/or
vibration at levels likely to cause annoyance outside the Site.
4.6 Birds, Vermin and insects
This condition requires the operator to prevent or minimise the nuisance and hazards arising
from birds, vermin and insects.
4.7 Monitoring
On the basis of the details provided in the Application and the conditions within the Permit, we
are satisfied that sufficient monitoring will be undertaken to satisfy the requirements of the
Landfill Regulations and ensure that the impact of the Installation upon the environment is
suitably measured. Monitoring schedules have been amended as stated below:
a) Tables S4.4 and S4.5 provide the emission limits and monitoring requirements for the
discharge points into surface waters.
b) Groundwater. Table S4.1 provides control levels for emissions to groundwater. Table S4.2
provides trigger levels for emissions to groundwater.
c) Table S4.3 sets the monitoring requirements for the groundwater monitoring points.
d) Landfill gas. Table S4.6 sets the monitoring requirements for in waste landfill gas monitoring
boreholes.
5. Information
5.1 Records
Based upon the information submitted in the Application, we are satisfied that appropriate
procedures are in place to ensure that records are kept. This condition sets the standards for
making and retaining records.
5.2 Reporting
This condition sets the requirements and standards for reporting to the Chief Inspector on the
performance of the Activities.
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5.3 Notifications
This condition sets the requirements and standards for notifying the Chief Inspector of specific
events detailed within the condition.
5.4 Interpretation
This condition establishes that the expressions contained within Schedule 7 and used within the
Permit will have the meaning given in that Schedule.
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Schedule 1 – Operations
Table S1.1 Activities
Based upon the information submitted in the Application, we are satisfied that the listed and
directly associated activities detailed in this Table are those relevant to the Installation.
Table S1.2 Annual Waste Limits
This table contains the limits on the quantities of waste which can be deposited in the site.
Table S1.3 Pre-operational Requirements
Based upon the information submitted in the Application, we are satisfied that the requirements
within this Table are necessary to prevent and/or minimise pollution and that they can be carried
out by the due date.
Reference 1 This condition requires the Operator to provide a Site Specific Management Plan.
Table S1.4 Improvement Programme Requirements
Based upon the information submitted in the Application, we are satisfied that the requirements
within this Table are necessary to prevent and/or minimise pollution and that they can be carried
out by the due date.
Reference 1 This condition requires the Operator to provide (to be agreed by the Chief
Inspector) a Site Closure Plan within 12 months of permit issue
Schedule 2 – Site plan
The site plan (Drawing Ref: 47062662/610) included here clearly shows the Installation
boundary, outlined in red.
The Activities permitted by the Permit may only take place within this boundary.
Schedule 4 – Emissions and monitoring
The Tables in this section list the limits and monitoring requirements detailed in the discussion
to condition 4.7.
The monitoring requirements have been set in response to the risk assessments provided and
those proposed for the Permit.
Schedule 5 – Reporting
Table S5.1 Reporting of monitoring data
This Table details the reporting requirements for the monitoring that the Operator shall make
under the conditions of the Permit.
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Schedule 7 – Interpretation
This Schedule provides interpretations of words or phrases used within the Permit.
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APPENDIX I – Consultee responses
A summary of consultation responses received and the way in which they have been taken in to
account in the determination process:
Response received Brief summary of issues raised
from
Summary of actions taken
or show how this has been
covered
The Planning Service
No specific action
Food Standards Agency
Northern Ireland
A well managed inert landfill facility should
present a very low risk of compromising the
safety of the food chain.
No specific action
Due to the nature of the waste to be
disposed of it is unlikely that leachate
containing persistent contaminants and
landfill gas will be generated by the landfill,
provided it is properly managed and that
adequate procedures are in place to
ensure only inert waste enters the site.
Public Health Agency
The Public Health Agency comment that
the principal public health concerns in
relation to such facilities would be
emissions to air, ground, water and the
possibility of noise.
Conditions within the Permit will
ensure that appropriate measures
are in place to mitigate the impacts of
emissions to air, ground, water and
noise.
Provided that Stanley Bell & Sons Ltd fully
implements mitigation measures proposed
within the application, the PHA would have
no specific IPPC issues.
Cookstown District Council
No specific action
NIEA Conservation
Designation &
Protection(CDP)
CDP has assessed the potential impacts
from the proposal and is satisfied that
impacts to any designated site are unlikely
provided Waste Management ensures that
it is satisfied with pollution prevention
measures to be installed on site.
Appropriate measures will be a
requirement of the Permit.
NIEA Water Management
Unit (WMU)
WMU routinely monitor the site. They have
one discharge consent for the site. WMU
have no issues to report in relation to the
discharge
No specific action
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APPENDIX II –The Risk Assessments
The following paragraphs detail the findings of our technical reviews of the Risk Assessments
that accompanied the Application.
1. Stability Risk Assessment
The Stability Risk Assessment (SRA) was considered to adequately demonstrate the stability of
the installation.
2. Landfill Gas Risk Assessment
The scope of the Landfill Gas Risk Assessment (LFGRA) is considered appropriate to the likely
risks posed by the installation. A condition has been included within the permit to deal with
proposed perimeter landfill gas monitoring boreholes.
3. Hydrogeological Risk Assessment
The Hydrogeological Risk Assessment (HRA) was considered to adequately describe the
relationship between the installation and the local groundwater environment and shows that the
risk to groundwater quality is acceptably low (i.e. compliance with the Groundwater Regulations
will be achieved) in the short, medium and long-term.
4. Habitats Risk Assessment
The Habits Risk Assessment was conducted In accordance with Regulation 43(1) of the
Conservation (Natural Habitats, etc) (Northern Ireland) 1995 (as amended), to considered
whether the application either alone or in combination (neither being directly connected with or
necessary to the management of the site) was likely to have a significant effect on surrounding
habitats.
End of Decision Document
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