99J. (1) This section applies to an installation where an industrial emissions directive activity is or will be carried on.

(2) The Agency, as soon as may be after the commencement of this Part, shall make a national plan (in this Part called “the environmental inspection plan”) with regard to the inspection of installations.

(3) Every installation shall be referred to in the environmental inspection plan and the Agency, from time to time as it thinks appropriate, shall review the environmental inspection plan and make such revisions thereto as it thinks fit and references in this Part to the environmental inspection plan shall, unless the context otherwise requires, be construed as including references to the plan as so revised.

(4) The purpose of the environmental inspection plan shall be the examination by the Agency of relevant environmental effects from an installation referred to in the plan and the plan shall include the following:

(a) a general assessment by the Agency of relevant significant environmental issues;

(b) the geographical area to which the plan applies;

(c) a register of installations to which the plan applies;

(d) procedures for drawing up programmes for routine environmental inspections under subsection (5);

(e) procedures for non-routine environmental inspections under F224[subsection (7);]

F225[(f) where necessary, provisions on the cooperation between different inspection authorities.]

(5) The Agency, based on the environmental inspection plan, shall regularly draw up a programme for routine environmental inspections, including the frequency of site visits for different types of installations, provided that:

(a) the period between two site visits at an installation shall be based on a systematic appraisal by the Agency, under subsection (6), of the environmental risks of the installation concerned and shall not exceed 1 year for an installation posing the highest risks and 3 years for an installation posing the lowest risks, and

(b) if an inspection of an installation has identified a lack of compliance of a significant nature with a licence or a condition attached to a licence under this Part, the Agency shall carry out an additional site visit at that installation within 6 months of that inspection.

(6) In relation to an installation, the Agency shall base the systematic appraisal of the environmental risks referred to in subsection (5)(a) on the following criteria:

(a) the potential and actual impacts of the installation concerned on human health and the environment taking into account the levels and types of emissions, the sensitivity of the local environment and the risk of accidents,

(b) the record of compliance with licence conditions at the installation concerned, and

(c) the participation of the licensee concerned in the Union Eco-Management and Audit Scheme under Regulation (EC) No. 1221/2009¹, known as “EMAS”.

(7) The Agency shall, as soon as possible, undertake a non-routine environmental inspection to investigate serious environmental complaints, serious environmental accidents or incidents and contraventions of provisions of this Part, or of licences or revised licences or conditions attached to licences or revised licences and, where appropriate, may undertake such an inspection before the Agency makes a decision under section 83 on an application for a licence, or under section 90 on the review of a licence or revised licence (including such a review conducted by it of its own volition).

(8) After each site visit undertaken by it, the Agency shall—

(a) prepare a report describing its findings regarding—

(i) if the installation concerned complies with the licence or any conditions attached to the licence, and

(ii) further action (if any) necessary to achieve that compliance,

(b) furnish a copy of the report referred to in paragraph (a) to the person in charge of the installation within two months of the site visit taking place, and

(c) within four months of the site visit taking place, make the report of the visit accessible to the public in accordance with the European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007).

(9) Without prejudice to section 97B, where the Agency has concluded that action is required to restore compliance with the licence or a condition attached to the licence, the Agency shall in addition to furnishing the person in charge with a copy of the report of the site visit under subsection (8)(b), notify the person in charge of—

(a) the occurrences of non-compliance and the measures that the person in charge is required to take to restore compliance within a period specified by the Agency in the notification,

(b) where relevant, the order in which such measures are to be taken, and

(c) where relevant, the monitoring and inspection that the Agency proposes to undertake in relation to the remedial measures until the Agency is satisfied that compliance has been restored.

(10) In this section “environmental inspection” means, in relation to an installation, all actions, including site visits, monitoring of emissions and checks of internal reports and follow-up documents, verification of self-monitoring, checking of the techniques used and adequacy of the environment management undertaken by or on behalf of the Agency to check and promote compliance of installations with their licences under this Part and any conditions attaching thereto, and where necessary, to monitor the environmental impact of the installations concerned.]