Decision Document for Permit P0468/14A Determination of a Permit Application for a PPC 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 27 November 2014 NIEA/Chief Inspector reference (“the Permit Application”) WPPC 07/09 Permit number (the “Permit”) P0468/14A Applicant (the “Applicant”) Amber Merchants Ltd trading as Wastebeater Recycling Address/location of Installation(the “Installation”) Unit 8A Blackstaff Road, Kennedy Way Industrial Estate, Belfast, Co. Antrim, BT11 9DT Michael Moody Name of Account Officer 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 P0468/14A 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 P0468/14A 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 15 December 2014 Consultation on the Permit Application The Application was advertised by the Applicant on 10th January 2015 in the North Belfast News and between 5th and 11th January 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 Belfast 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; Public Health Agency Belfast 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 P0468/14A 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 the Wastebeater Recycling facility will hold the appropriate WAMITAB certificates for the operations carried out at the facility at Unit 8A Blackstaff Road, Kennedy Way Industrial Estate, Belfast, Co. Antrim, BT11 9DT. A3 The Installation The Site The Applicant provided a plan (DRG No: 14117-02) 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 not made a claim for commercial confidentiality. Further information requirements A request for further information was made on 29th January 2015 in relation to proposals to mitigate potential odour and nuisance at the waste reception area, provision of the NI water trade effluent agreement, information on raw materials and energy requirements / efficiency, and details of how SRF / RDF storage will comply with the NIEA position statement. A response was received on 9th March 2015. Page 4 of 11 Decision Document for Permit P0468/14A 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 disposal is necessary, this is undertaken in a manner which minimises its impact in the environment. Page 5 of 11 Decision Document for Permit P0468/14A 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 DRG No: 14117-02 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 in compliance with condition 1.1.1 within 1 month of permit issue. Improvement Condition IC2 requires the Operator to provide a revised financial provision assessment and evidence of financial provision within 1 month of permit issue. Improvement Condition IC3 requires the Operator to Install the odour and dust suppression system as detailed in the application within 2 months of permit issue. Improvement Condition IC4 requires the Operator to construct a sample chamber at the foul drainage discharge manhole within 3 months of permit issue. Improvement Condition IC4 requires the Operator to Provide a copy of the NI Water Ltd trade effluent agreement within 14 days of receipt from NI Water Ltd. 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 accepted annually to:150,000 Tonnes of non-hazardous waste consisting of mixed dry commercial, industrial and municipal wastes, excluding putrescible materials. Page 6 of 11 Decision Document for Permit P0468/14A 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 has provided a Site Closure Plan in the application and is required to maintain the 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 unless such monitoring is based on a systematic appraisal of the risk of contamination. Where the Operator has made an acceptable case that a baseline report is not required at the application stage, a review of this conclusion is required at least every 5 years. Soil and groundwater monitoring has been proposed at permit surrender within the Site Protection and Monitoring Programme provided with the application. The applicant has stated that as the full site is surfaced with concrete with sealed drainage soil and groundwater sampling could not be carried out during the operational phase. The applicant has stated that the collection of soil or groundwater samples is not considered necessary during the operational phase as adequate environmental protection is offered by the existing concrete surfacing. 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 4.1. 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. Page 7 of 11 Decision Document for Permit P0468/14A 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 ensure that the impact of the Installation upon the environment is suitably measured. Tables S4.1, S4.2 and 4.3 set the monitoring requirements for discharge to foul sewer, odour monitoring, and dust and particulates 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 P0468/14A 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 contains the Improvement Conditions required under condition 2.6.1. Table S1.4 Annual Waste Limits This table contains the annual limits on waste throughput. Schedule 2 – Site plan The site plan (DRG No: 14117-02) 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 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. Table S5.2 Performance Parameters This Table details the reporting requirements for the use at the Installation of water and energy, as well as waste returns. Schedule 7 – Interpretation This Schedule provides interpretations of words or phrases used within the Permit. Page 9 of 11 Decision Document for Permit P0468/14A 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 from Brief summary of issues raised Food Standards Agency Northern Ireland The Public Health Agency stated that the operator should ensure that good practices of storing and handling chemicals and waste are maintained to prevent any abnormal emissions or spillages, which could result in contamination entering the food chain. It is noted that a number of food businesses are in the vicinity of the recycling plant. The proximity of the site to watercourses, farms, food producers and the food chain should be considered when assessing the risk of contamination and developing contingency plans. The Planning Service Public Health Agency Belfast City Council NIEA Conservation Designation & Protection(CDP) NIEA Water Management Unit (WMU) NI Water Based on the information made available provided that the applicant operates and maintains the site in accordance with the relevant technical guidance (5.01 & 5.06), and complies with the IED requirements, it is unlikely that there will be unacceptable effects on the human food chain. No response has been received from the Planning Service. If the applicant carries out all the preventative measures as outlined in the application then the public health effects would be minimal and the PHA would have no immediate concerns regarding adverse effects of the facility related to IPPC issues. The Council stated that they had received 3 complaints regarding odour, dust and rubbish in January – February 2013. Officers from the BCC Environmental Protection Unit visited the site and detected odour similar to bin waste at the facade next to the Glenand Centre. Several visits have been made to the site since these initial complaints and conditions at the site have improved. The application site is located approximately 6.5 km from the Belfast Lough SPA/Belfast Lough Open Water SPA/Inner Belfast Lough ASSI. Information to support the application indicates that the site will be completely sealed and all drainage will be to the mains sewage system. CDP would highlight that any licence or amendment issued should ensure the protection of these sites. A Habitats Regulations Assessment (HRA) should be completed. WMU do not routinely monitor the site and are not aware of any issues. NI Water wish to highlight that if any contaminated surface water from the site is to be discharged to sewer a trade effluent agreement will be required. Any noncontaminated surface water should go to a watercourse. Page 10 of 11 Summary of actions taken or show how this has been covered Conditions within the Permit will ensure that appropriate measures are in place to control abnormal emissions and spillages. No specific action however this is an existing operation with no change in activities. Conditions within the Permit will ensure that appropriate measures are in place to mitigate the impacts on air, ground, water and noise. Conditions within the Permit will ensure that appropriate measures are in place to control nuisance impacts. Nuisance risk assessments have been provided with the application. In addition an odour and dust suppression system will be installed at the waste reception area. An HRA has been carried out. The waste processing is carried out within a building and it is considered that this will ensure any impact on designated sites is unlikely. Water discharge is to main sewer and provided site drainage infrastructure is maintained, and discharges monitored, it is considered that this will ensure any impact on designated sites is unlikely. No specific action The Operator has contacted NI Water regarding a trade effluent agreement. Decision Document for Permit P0468/14A APPENDIX II –The Risk Assessments 1. Habitats Regulations Assessment A Habitats Regulations 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. The site is located approximately 6.5 km from the Belfast Lough SPA/Belfast Lough Open Water SPA/Inner Belfast Lough ASSI. I. The waste processing is carried out within a building and it is considered that this will ensure any impact on designated sites is unlikely. Water discharge is to main sewer and provided site drainage infrastructure is maintained, and discharges monitored, it is considered that this will ensure any impact on designated sites is unlikely. End of Decision Document Page 11 of 11