86.—(1) Without prejudice to the generality of section 83(1), conditions attached to a licence or revised licence granted under this Part—

(a) shall—

(i) in accordance with section 83(4) and subject to subsection (3) F128[and in the case of an industrial emissions directive activity, subject to section 86A(3)(b) or (4)], include emission limit values for environmental pollutants likely to be emitted from an activity in significant quantities,

(ii) specify requirements for the purpose of minimising pollution, including minimising the occurrence of pollution over long distances or in the territory of other states, and to ensure a high level of protection for the environment as a whole,

(iii) F129[if necessary, and in all cases where the licence or revised licence relates to an industrial emissions directive activity, specify] requirements concerning protection of the soil and groundwater, and the management of waste generated by an activity,

F130[(iiia) in the case of an industrial emissions directive activity, specify monitoring periods for soil (within the meaning of section 86A(11) (inserted by Regulation 12 of the European Union (Industrial Emissions) Regulations 2013)) and groundwater, other than where the Agency bases monitoring on a systematic appraisal of the risk of contamination, which shall be periods of not more than 5 years for groundwater and not more than 10 years for soil,]

(iv) specify appropriate requirements for the purpose of monitoring emissions, including the taking and analysis of samples, the making of measurements in accordance with specified methodologies and frequencies, the evaluation of the results of such monitoring in accordance with specified procedures and the keeping of records and the furnishing of information to the Agency or to any other specified person in relation to such monitoring and evaluation (and such requirements may include a requirement that the licensee confirm whether or not he has complied with the conditions attached to the licence or revised licence and, if he has not complied with any such condition, a requirement that he indicate in what respect he has not complied with the condition),

F131[(iva) specify, in the case of an industrial emissions directive activity, that the results of monitoring of emissions levels (requirements for the purpose of which, where applicable, shall be based on any conclusions on monitoring as described in the BAT conclusions), shall be provided to the Agency regularly and at least once a year, in a form that enables the Agency to verify compliance with the conditions attached to the licence,]

(v) specify the measures to be taken other than in the circumstances that prevail during normal operating circumstances and, in particular, measures to be taken if there is a breakdown of any plant or other equipment or procedures which may affect emissions from the activity, including measures to be taken in relation to start-up, shutdown, leaks, malfunctions or momentary stoppages,

(vi) specify that the Agency is to be informed without delay of any incident or accident significantly affecting the F132[environment,]

(vii) specify the measures to be taken, including as appropriate the duration of such measures, on and following the permanent cessation of an activity (including such a cessation resulting from the abandonment of F133[the activity), and]

F134[(viii) without prejudice to the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003), the European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008) and the European Communities Environmental Objectives (Groundwater) Regulations 2010, specify for the purposes of section 86B, in the case of an industrial emissions directive activity to which that section applies, requirements for the purpose of removal, control, containment or reduction of hazardous substances upon the permanent cessation of the activity,

(ix) without prejudice to the European Communities (Environmental Liability) Regulations 2008 specify, in the case of an industrial emissions directive activity, that where an incident or accident significantly affecting the environment occurs, the licensee shall without delay—

(I) inform the Agency, and

(II) take measures to limit the environmental consequences of the incident or accident and to prevent a further incident or accident, and

(x) specify, in the case of an industrial emissions directive activity, that where a breach of one or more of the conditions attached to the licence occurs, the licensee shall without delay—

(I) inform the Agency, and

(II) take measures to restore compliance with conditions attached to the licence in the shortest possible time.]

(b) may (to the extent that the matter is not provided for by a condition under paragraph (a))—

(i) specify as appropriate the nature, composition, temperature, volume, level, rate, method of treatment and location of an emission,

(ii) specify the periods during which an emission may, or may not, be made,

(iii) specify limits to the effects of an emission,

(iv) specify the concentration of an environmental pollutant in an environmental medium or a deposition or discharge rate which shall not be exceeded,

(v) specify any matters relating to the design, construction or dimensions of pipes, chimneys, flues, stacks or other outlets through which an emission is to be made,

(vi) specify the means (including the provision, operation, maintenance and supervision of plant and other facilities and the use of specified procedures or codes of practice) to be used for controlling an emission,

(vii) specify requirements or limits in relation to the amount or composition of any substance produced by or utilised in the activity in any period,

(viii) require the provision, operation and maintenance of meters, gauges, manholes, inspection chambers and other apparatus and other means for monitoring the nature, extent and effects of emissions,

(ix) specify the type of fuel to be, or not to be, used, as the case may be,

(x) specify measures to be taken after an emission, which is not in accordance with other conditions attached to the licence or revised licence, has taken place,

(xi) specify requirements in relation to the recovery or disposal of waste arising from the activity on land other than land on which the installation is situate and whether in the ownership or occupation of the licensee or not (including requirements with respect to the furnishing of information to the Agency in relation to the land for the time being being used, or land proposed to be used, for the purpose of such recovery or disposal),

(xii) require the making of payments to the Agency in relation to costs incurred in relation to determining whether there has been compliance with the conditions attached to the licence or revised licence or not and in relation to steps taken for the purpose of the monitoring of, or otherwise in relation to, emissions,

(xiii) require the payment to the Agency of a charge or charges prescribed under or calculated in accordance with section 99,

(xiv) require the payment to the sanitary authority concerned of a charge in relation to a discharge to a sewer as provided for under section 99E,

(xv) specify such other conditions or requirements, including requirements in relation to environmental management systems, which the Agency considers necessary for the purposes of F135[the Industrial Emissions Directive],

(xvi) specify the latest date by which a condition attached to the licence or revised licence is to be complied with,

(xvii) provide for derogations of a temporary nature from the requirements of subsections (1)(a)(ii) and (3)(c) if a rehabilitation plan, submitted to and approved by the Agency, is implemented in order to ensure that the said requirements will be complied with within 6 months from the date of its first being implemented and the plan will lead to a reduction of emissions,

(xviii) specify, in cases where there are likely to be significant emissions to the environment, appropriate requirements for the purpose of monitoring the ambient environment, including the taking and analysis of samples, the making of measurements in accordance with specified methodologies and frequencies, the evaluation of the results of such monitoring in accordance with specified procedures and the keeping of records and the furnishing of information to the Agency or to any other specified person in relation to such monitoring and evaluation.

(2) In determining the conditions to be attached to a licence or a revised licence in respect of an activity to which paragraph 6.1 or 6.2 of the First Schedule applies, the Agency shall—

(a) for the purposes of subsection (1)(a)(i), take account of practical considerations appropriate to that activity,

(b) for the purposes of subsection (1)(a)(iv), take account of costs and benefits.

(3) (a) Emission limit values for substances shall, save where the Agency directs otherwise, apply at the point where the emissions leave the installation where the activity is being carried on, any dilution being disregarded in making any determination of them.

(b) Emission limit values may, where appropriate, be supplemented or replaced by equivalent parameters or technical measures.

(c) Without prejudice to section 83(5)(b), emission limit values, and equivalent parameters and technical measures shall be based on the best available techniques, without specifying the use of any technique or specific technology, but taking into account the technical characteristics of the activity concerned, its geographical location and the local environmental conditions.

(4) Without prejudice to section 83(5)(b), the Minister may by regulations, after consultation with any other Minister of the Government who, in the opinion of the Minister, is concerned and the Agency—

(a) require either—

(i) the Agency, in the exercise of its powers under this Part, to attach, or

(ii) the Agency, in the exercise of those powers, to consider the attachment of,

the conditions referred to in subparagraph (i) or (ii), as appropriate, of paragraph (b) to a licence or a revised licence F136[granted by it in respect of a specified class or classes of industrial emissions directive activity] (and, accordingly, such conditions shall or may, as appropriate, be attached in place of the conditions that could otherwise be attached in accordance with the preceding provisions of this section),

(b) specify the conditions that are to be the subject of—

(i) the requirement under paragraph (a)(i), and

(ii) the requirement under paragraph (a)(ii),

and, in each case, those conditions F137[shall comply with Article 17 of the Industrial Emissions Directive],

(c) provide for any matters consequential on, or incidental to, the foregoing,

(d) in addition to conditions that may be, or are required to be, attached to a licence or revised licence by reason of the foregoing or any other provision of this Part, enable the Agency to attach to a licence or revised licence in respect of a specified class or classes of activity such conditions as the Agency considers appropriate in the circumstances.

(5) Nothing in subsection (4) shall be construed as enabling the Minister to exercise any power or control in relation to the performance by the Agency, with respect to a particular licence, of its functions under this Part.

(6) A person who fails to comply with any condition attached to a licence or revised licence shall be guilty of an offence.

(7) The Agency, or the sanitary authority, as the case may be, may recover the amount of any payment due to it arising from a condition attached to a licence or revised licence as a simple contract debt in any court of competent jurisdiction.

(8) Where a permission under section 34 of the Act of 2000 has been granted or an application has been made for such permission in relation to development comprising or for the purposes of an activity, the Agency—

(a) may consult with the planning authority in whose functional area the activity is or will be situate in relation to any development which is necessary to give effect to any conditions to be attached to a licence or revised licence and which the Agency considers is not the subject of a permission or an application for a permission under section 34 of the Act of 2000, and

(b) may attach to the licence or revised licence such conditions related to the above-mentioned development as may be specified by the planning authority for the purposes of the proper planning and sustainable development of the area or stricter conditions as the Agency may consider necessary for the prevention, limitation, elimination, abatement or reduction of emissions.

(9) Where a planning authority is consulted in accordance with subsection (8)(a) , the Agency may specify a period (which period shall not in any case be less than 3 weeks from the date of the request) within which observations must be made.

(10) The Agency may, at any time after expiration of the period specified by it under subsection (9) for making observations, make its decision on the application or review.

(11) Notwithstanding the requirements of Part III of the Act of 2000, works consisting of, or incidental to, the carrying out of development referred to in paragraph (a) of subsection (8) in respect of which conditions have been attached under paragraph (b) of that subsection to the licence or revised licence concerned shall be exempted development within the meaning, and for the purposes, of the Act of 2000.]