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«enryB kcirtaP :MORF 5002 lirpAht7 :E T A D Application for review of licence Reg. No. 41 from Dublin Products :ER Limited, Tornant Lower, Dunlavin, ...»

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Fit and Proper Person The licensing provisions of the Protection of the Environment Act, 2003 have been brought into effect by way of S.I. No. 393 of 2004. In addition, amendments to the licensing regulations have been made by way of S.I. No. 394 of 2004. These statutory instruments outline the changes to the licensing process with effect from 12 July 2004. All applications not finally determined on 12 July 2004 come within the scope of these changes. This includes the application for a review by Dublin Products Ltd.

On 09/09/04 a notice under Section 82(8) and 83(5) of the EPA Acts 1992 and 2003 was issued to Dublin Products Ltd. A response was received from the licensee on 011/01/05.

Dublin Products have been licensed by the Agency under Licence Reg. No. 41 since 1997, during this time the company have invested c. 8 million euro to meet the requirements of the licence and those of the Department of Agriculture. Dublin Products have achieved ISO14001 and EMAS accreditation. The company have an emergency response procedure which sets out steps to be taken in the event of an environmental incident. Dublin Products Ltd. provided a summary of it’s staff technical knowledge and qualifications. Dublin Products Ltd have confirmed in a letter, received by the Agency 04/03/05, that they were convicted under the EPA Act 1992 for breaches of their Licence Reg. No. 41 on the 23/06/99. Further prosecutions have not been taken by the Agency against the company.

The Fit and Proper Person criteria have been fulfilled by Dublin Products Ltd.

Complaints:

Odour complainants historically were very significant, more recently the number and frequency of complaints has reduced. There is still a level of odour complainants, and the company must continue to assess their activity and minimise odourous emissions to the atmosphere.

Submissions:

None received.

Charges:

The annual change for 2004 was 10,738, the OEE have proposed an annual charge € of 12,728 for 2005. The RD includes the charge as proposed by the OEE which is € adequate to take account of the enforcement necessary.

Recommendation:

I recommend that the Recommended Determination be issued subject to the conditions and for the reasons as drafted.

Signed Patrick Byrne 11 of 12 Procedural Note In the event that no objections are received to the Proposed Determination of the review application, a revised licence will be granted in accordance with Section 87(4) of the Environmental Protection Agency Acts 1992 and 2003 as soon as may be.

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