Environmental Protection Agency Act 1992


F189[Notice of non-compliance with licence or revised licence relating to industrial emissions directive activity.


97B. (1) In relation to an industrial emissions directive activity, where the Agency has been informed by the licensee under section 86(1)(a)(x) that, or the Agency considers that, a failure to comply with any condition attached to a licence or revised licence has occurred that poses an immediate threat to human health or threatens to cause an immediate adverse effect on the environment, the Agency shall give a notice to the licensee concerned.

(2) A notice under subsection (1) shall inform the licensee of the failure to comply with a specified condition of the licence, and of the nature of the failure and shall direct the licensee

(a) to suspend the operation of the installation or relevant part thereof from a date specified in the notice,

(b) to without delay take the necessary measures to ensure that compliance is restored in the shortest possible time, and

(c) to carry out any measures, in addition to those undertaken under paragraph (b), that the Agency has determined are necessary to restore compliance.

(3) The licensee shall furnish confirmation in writing to the Agency that compliance with the licence has been restored, and the Agency shall give notice in writing to the licensee concerned where it is satisfied to accept that confirmation.

(4) From the date that the Agency gives notice under subsection (1) until the date that the Agency gives a notice under subsection (3), the licence concerned shall be deemed to be suspended and section 97 shall apply as appropriate in relation to that suspension.]




Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 17.