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 Page 1 of 13 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. Page 2 of 13 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. Page 3 of 13 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. Page 4 of 13 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. Page 5 of 13 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 Page 6 of 13 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. Page 7 of 13 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. Page 8 of 13 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. Page 9 of 13 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. Page 10 of 13 Schedule 7 – Interpretation This Schedule provides interpretations of words or phrases used within the Permit. Page 11 of 13 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 Page 12 of 13 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 Page 13 of 13