Decision Document for Permit P0473/15A 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”) 27 January 2015 reference (“the Permit WPPC 03/06 Permit number (the “Permit”) P0473/15A Applicant (the “Applicant”) NWP Recycling Ltd Address/location of Installation(the “Installation”) Keady WEEE Facility, 1 Tassagh Road, Keady, Co. Armagh BT60 3TU Name of Account Officer Colin Millar 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 Page 1 of 11 Decision Document for Permit P0473/15A 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 (or Variation) 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. Page 2 of 11 Decision Document for Permit P0473/15A 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 13 February 2015 Consultation on the Permit Application The Application was advertised by the Applicant on 12th March 2015 in the Armagh Observer and between the 2nd and 8th of March 2015 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 Armagh City Council NIEA CDP NIEA Water Management Unit NI Water Ltd Consideration of consultation responses Responses were received from the following statutory consultees: Food Standards Agency Northern Ireland; The Planning Service Public Health Agency Armagh City Council NIEA CDP NIEA Water Management Unit NI Water Ltd 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. Page 3 of 11 Decision Document for Permit P0473/15A 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 Keady WEEE Facility will hold the appropriate WAMITAB certificates for the operations carried out at the facility at 1 Tassagh Road, Keady. A3 The Installation The Site The Applicant provided a plan (Drawing Figure 2) 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. Matters of commercial confidentiality or national security The operator has made a claim for commercial confidentiality. The claim has been upheld the following parts of the application will be withheld from the Public Register: sections 3 and 10, and Appendices 1 and 6. Further information requirements No further information was required to enable us to determine the Application. . Page 4 of 11 Decision Document for Permit P0473/15A 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 Efficient use of raw materials Condition 1.6.1 requires the Operator to take appropriate measures to ensure that raw materials and water are used efficiently. 1.7 Avoidance, recovery and disposal of wastes produced by the activities Condition 1.7 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 activities and any waste generated by the activities is treated in a accordance with the hierarchy and where Page 5 of 11 Decision Document for Permit P0473/15A disposal is necessary, this is undertaken in a manner which minimises its impact in the environment. 1.8 Site security Condition 1.8.1 requires the Operator to provide site security that will prevent unauthorised access to the site. 1.9 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: Figure 2 at Schedule 2 of the Permit. 2.3 Off-site conditions No off site conditions apply. 2.4 Commencement No condition applies 2.5 Pre-Operational Conditions No condition applies 2.6 Improvement programme Condition 2.6.1 requires the Operator to carry out the improvements specified in Schedule 1 Table S1.3. Improvement condition IC1 requires the Operator to provide a Site Specific Management Plan incorporating the management systems and procedures contained within the application in compliance with condition 1.1.1 within 1 month of permit issues. Improvement Condition IC2 requires the Operator to provide a financial provision assessment and evidence of financial provision within 1 month of permit issue. Improvement Condition IC3 requires the Operator to provide a Site Report and Site Protection and Monitoring Programme reference NIEA Horizontal Guidance H5 / H7 within 2 months of permit issue. Improvement Condition IC3 requires the Operator to provide proposals for further particulate monitoring with reference to the EA Guidance TGN M8 and TGN M17 taking account of nearby receptors within 2 months of permit issue. Page 6 of 11 Decision Document for Permit P0473/15A 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 2.8.3 limits the maximum quantity of waste which can be deposited annually to:4,999 Tonnes of Hazardous waste consisting of televisions, refrigerators and WEEE appliances and items. 2.9 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. 2.10 System for the protection of soil and groundwater This condition requires the Operator to carry out monitoring of groundwater and soil and compare with the measurements in the baseline report, at least every 5 years for groundwater and every 10 years for soil. The applicant has carried out baseline soil monitoring. No further monitoring of soil or groundwater is proposed during the lifetime of the permit. A site closure plan has been provided in the application. 3. Site infrastructure 3.1 Notice boards This condition requires the Operator to provide an appropriate notice board for the Installation. 3.2 Waste storage This condition requires the Operator to store wastes in a manner which prevents pollution and harm to the environment. 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 Point source emissions shall only be made from the points listed in Schedule 4 Table S4.1. Page 7 of 11 Decision Document for Permit P0473/15A 4.2 Transfers off site Records of all wastes sent off site shall be maintained. 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 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 ensure that the impact of the Installation upon the environment is suitably measured. Tables S4.1 sets the monitoring requirements for the particulate monitoring. 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. 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 4 and used within the Permit will have the meaning given in that Schedule. Page 8 of 11 Decision Document for Permit P0473/15A 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 Pre-operational measures No measures are required here as the site is already operating under a waste management licence. Table S1.3 Improvement Programme Requirements This table requires the Operator to provide a Site Specific Management Plan and a financial provision assessment and evidence of financial provision within 1 month of permit issue, and, to provide a Site Report and Site Protection and Monitoring Programme and proposals for further particulate monitoring within 2 months of permit issue. Table S1.4 Annual Waste Limits This table contains the annual limits on waste throughput. Schedule 2 – Site plan The site plan (Drawing Ref: Figure 2) 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 condition 4.6. 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. Schedule 7 – Interpretation This Schedule provides interpretations of words or phrases used within the Permit. Page 9 of 11 Decision Document for Permit P0473/15A 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 The Planning Service had no comment to make. No specific action Food Standards Agency Northern Ireland It is noted that the applicant is using Best Available Techniques (BAT) requirements in support of this application and to ensure compliance with the PPC permit. The proposed control measures should be sufficient to minimise any potential risk of environmental contamination of surrounding farm land or water courses used for irrigation, animal watering or fish farming or sites involved in their manufacture of food. No specific action 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 the applicant fully implements mitigation measures proposed within the application, the PHA would have no specific IPPC issues. Armagh City Council Armagh City Council stated that they have nothing relevant to advise. No specific action NIEA Conservation Designation & Protection(CDP) CDP advises the site is located approx. 4 km from the Straghans Lough ASSI, designated for fen habitat and invertebrates; 5.8 km from the Crossbane Lough Lough ASSI, designated for its’ fen habitat; and 6.6 km from the Drumcairn ASSI, designated for its’ fen habitat and invertebrates. None of these sites are designated under the Habitats Regulations and there are no N2K sites within 20 km of the site. An HRA has been carried out. There are no N2K sites within 20 km of the site and all processes are carried out within the building which has air emission and ventilation controls in place. It is considered that this will ensure any impact on designated sites is unlikely. NIEA Water Management Unit (WMU) WMU do not routinely monitor the site and are not aware of any issues. No specific action NI Water NI Water had no comment. No specific action Page 10 of 11 Decision Document for Permit P0473/15A APPENDIX II –The Risk Assessments 1. Habitats Regulation Assessment A Habits Regulation Assessment was conducted In accordance with Regulation 43(1) of the Conservation (Natural Habitats, etc) (Northern Ireland) 1995 (as amended), it 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. We have concluded that as there are no N2K sites within 20 km of the site and all processes are carried out within the building which has air emission and ventilation controls in place it is considered that any impact on designated sites is unlikely. End of Decision Document Page 11 of 11