Environmental Protection Agency Act 1992
99I.—(1) In this Part, unless where the context otherwise requires—
"aquifer" means a stratum or combination of strata that stores or transmits groundwater;
"the Directive" means Council Directive 80/68/EEC of 17 December 1979 on the control of groundwater against pollution by certain dangerous substances1;
"hazardous substance" means a substance specified in the Annex to the Directive.
(2) This Part applies to an activity which gives rise to, or could give rise to, an emission containing a hazardous substance which is discharged to an aquifer.
(3) In addition to the requirements imposed on it by Part IV to attach conditions, the Agency shall attach to any licence or revised licence that may be granted by it in relation to an activity to which this Part applies such conditions as are, in the opinion of the Agency, necessary to give effect to Articles 3, 4, 5, 6, 8, 9 and 10 of the Directive.
(4) Without prejudice to section 83(2), the Agency shall, in considering an application for a licence or the review of a licence or a revised licence in relation to an activity to which this Part applies, have regard to the results of investigations carried out in accordance with subsection (6).
(5) Without prejudice to section 83(5), the Agency shall not grant a licence or revised licence in relation to an activity to which this Part applies unless it is satisfied that the activity will be carried on in a manner which complies with the requirements of the Directive.
(6) Before making its decision under section 83(1) on an application for a licence, or under section 90 on the review of a licence, the Agency shall carry out or cause to be carried out (by the applicant or otherwise) such investigations as it considers necessary in order to comply with the requirements of Articles 4, 5 and 7 of the Directive.
(7) Notwithstanding subsection (1)(a) of section 90, a licence or revised licence granted by the Agency in relation to an activity to which this Part applies shall be reviewed by the Agency under that section at intervals which do not exceed 4 years.]
Inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 16, S.I. No. 393 of 2004.