BOB HIGGINS, KIERAN DAMERY, RAY DEEGAN, MARGARET HUDSON, STEPHEN NETTLESHIP, ANN NETTLESHIP

AND THE COUNTESS OF ROSSE

Appl icani -and-

T & J STANDISH (ROSCREA) LIMITED JOSEPH STANDISH, JOHN STANDISH AND TOM STANDISH

NOTICE OF MOTION

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CASEY & COMPANY, mr" 6t-q Solicitors, 9 3 ULL LbU4

North Main Street, Bandon, iyg-D,!,T:D - FWQF,

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EPA Export 25-07-2013:18:23:23

-vu a I I U U A l l r 3 , I \ ~ ~ ~ J S A I Y UAJVlLKY, K A Y DEEGAN, MARGARE’I HUTSON, STEPHEN NETTLESHIP, ANN NETTLESHIP

E COUNTESS OF ROSSE - Appl ici

I -and- , I

ISH (ROSCREA) LIMITED N STANDISH AND TOM STANDISH

Responde

AFFIDAVIT OF RONALD J. BERGIN

I, RONALD J. BERGIN, Civil Engineer and Planning Consultant, of Saint Helic Stillorgan Park, Blackrock in the County of Dublin aged eighteen years and upwa hereby MAKE OATH and say as follows:-

1. I say that I am and Engineer and Planning Consultant engaged on behalf o f Applicants and I make this Affidavit fiom facts within my own knowlec save where otherwise appears,and where so appearing I believe the same to true and accurate.

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EPA Export 25-07-2013:18:23:24

- with their EPA license.

6. I say that some of the documents in the box related to reports prepared by thei Environmental Consultant, a Mags Dalton, Environmental Eficienc: Consultant, Bray, County Wicklow. One document related to the &ual an( environmental report for the year 2000 for T J Standish Sawmills, EPA licensc 320. The last and only license form was completed on the 26 * of March, 200 and indicated that waste had been removed off site for disposal by Minchen with an address at 4 Harrington Terrace, Bray, County Wicklow. After somc minutes we were informed that adequate time had been provided to us tc examine the documents and we were asked to leave the premises and told thar the Gardai had been called.

7 . I say that the local Garda Sergeant then arrived and following consultation with one of the Standish bothers he requested details of our identification. This was offered to him in the form of a business card but he said that he was unable to read it that he left h i s glasses in the Garda Station. I then read the details to him while he wrote them down. The Garda Sergeant informed us that the owners requested that we left the premises.

8. I say that the following morning I received a telephone call fiom Mags Dalton who requested details of my involvement and I indicated to her that I received instructions fi-om a solicitor to inspect the relevant documentation relating to the EPA license which should be available for public inspection at the premises. She indicated that she had been employed as an Environmental - - - pn-m..i4--A &I A- nL-.. > * . I 1 .I . -

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EPA Export 25-07-2013:18:23:24

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Filed this Street, Bandon, County Cork.

day of May, 2002, by Casey & Co., Solicitors for the Applicants, North Ma

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EPA Export 25-07-2013:18:23:24

1 I

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g HUTSON, STEPHEN NETTLESHIP, ANN NETTLESHIP

AND THE COUNTESS OF ROSSE - Applica

-and-

T & J STANDISH (ROSCREA) LIMITED JOSEPH STANDISH, JOHN STANDISH AND TOM STANDISH

Responde J

AFFIDAVIT OF RONALD J. BERGIN

-a*= -*-,- - CASEY & COMPANY, Solicitors,

Bandon, County Cork.

Forth Main Street, --

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EPA Export 25-07-2013:18:23:24

I ROSCREA CO. TIPPERARY

PLANNING REGISTER NUMBER: PL2/95/31 I APPLICATION RECEIPT DATE: 0 days

Notice i s hereby given that i n pursuance of the powers conferred upon them b date& /$;granted Permissioh t o the above named for development of land, in accordance w i t h the documents lodged, namely:-

the above-mentioned Acts, Offaly County Council has by order

I SLATTED CATTLE BOUSE/EFFLUENT TANKS i

I at THE LEAP ROSCREA

1 I Subject to the 20 conditions s e t out on the Schedule attached.

Signed on behalf of s a i d Council

COUNTY SECRETARY . t o the sub'sequent approval of the Plan-

ning Authority. U n t i l s u c h approval has been obtained t o the detai led

/ I - ' - -e +I.- -------A rl-wnlnnmnnf is n n t authorised.

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EPA Export 25-07-2013:18:23:24

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.. Reason: To ensure satisfactory completion of develop.- ment.

All slurry shall be collected and deposited in the proposed underslat storage tanks and s h a l l not be allowed flow onto surrounding land.

Reason: In the interests of amenity and public health.

The applicant shall furnish details of drainage to be constructed for the silage s l a b including the method of disposal of uncontaminated rainwater or yard runoff, before any further development takes place on site.

Reason: In the interests of amenity and public health.

All slurry manure, silage effluent and soiled water produced on the premises shall be disposed of by land-spreading on applicant's landholding as per d e t a i l s lodged on 26/5/95, in such a manner that will not pose a water pollution threat. The developer shall ensure the rate and time of slurry application shall be in accordance with accepted good practice and shall not result in the surface run-off of contaminated materials to waters nor the excessive build up of nutrients in the soil.

Reason: In the interests of *amenity and public health.

T 1 n m n n t a m i n a t m r I niirface water from roofs and clean paved

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Drainage shall be provided in accordance with Department of Agriculture Specification S.129 to separate soiled water and silage effluent from clean yard runoff.

Reason:

Flow control devices shall be operated to prevent discharge of slurry or soiled water to open drains.

Reason: In the interests of amenity and public health.

Farmyard wastes shall be spread no closer than 15 metres to any drain, 30 metres to any river or watercourse or within 50 metres of any water supply source.

Reason: In the interests of public health.

All circulation areas where silage is transported shall be cleaned daily to prevent contamination of yard runoff.

Reason: In the interests of public health.

All tanks shall be emptied before stock are housed for the winter period.

Reason: In the interests of public health. _ - _ - - . . - 2 I - -L-- l l L- - 2 --,* s + a l T r hrrnJed nT1

In the interests of amenity and public health.

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EPA Export 25-07-2013:18:23:24

accordance with details submitted t o the Planning Authority on 26/5/95.

Reason: In the interests of visual amenity.

18 The development shall be screened in accordance with proposals submitted to the Planning Authority. At least 80 no. broadleafed trees and 35 evergreens adaptable to soil and site conditions shall be planted along the eastern and southern farmyard boundaries.

Reason: In the interests of visual amenities.

19 Roof covering material shall be dark brown in colour.

Reason: In the interests of visual amenity.

20 The applicant shall employ a qualified archaeologist to carry out Archaeological Monitoring, the applicant shall facilitate the archaeologist in fully recording this material. The applicant shall also be prepared to be advised by the Office of Public Works, with regard to the appropriate course of action, if archaeological material is discovered.

The archaeologist shall prepare and submit a report, describing the resuAts of the Ardchaeological Monitoring, to the Local Authority and the Office of Public Works, immediately following the completion of Archaeological Monitoring.

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=%' w#,p@#?#GQ&' KIERAN DAMERY, RAY DEEGAN, MARGARE' .&=-A

HUDSON, STEPHEN NETTLESHIP, ANN NETTLESHIP - ' AND THE COUNTESS OF ROSSE

I

Applic

-and-

T & J STANDISH (ROSCREA) LIMITED JOSEPH STANDISH, JOHN STANDISH AND TOM STANDISH

Respond

AFFIDAVIT OF PETER SWEETMAN

I, Peter Sweetman, Planning Consultant of 73 Grosvenor Road, Rathmines, Dublin aged 18 years and upwards MAKE OATH and say as follows: -

1. I say that I am Planning Consultant engaged on behalf of Applicants an( make this Affidavit on their behalf ftom facts within my own knowledge sa where otherwise appears and where so appearing I believe the same to be tr and accurate.

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EPA Export 25-07-2013:18:23:24

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I ‘ detrimental effect on its arrienities. The Respondent’s business park, if o might so describe it, is in close proximity to Leap Castle which is a sixte

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five evergreens adaptable to soil and sight conditions should be planted alo the eastern and southern farmyard boundaries to screen the development 1 there is no evidence whatsoever that any such planting took place.

I say that I have checked the planning register and believe that there is not a other application for a grant of planning permission for any development the area of Leap Castle for any other business the subject matter of thc proceedings. There certainly is no current application for planning permissi by or on behalf of the Respondent herein for the Sawmill, Wood Treatmc Plant or Retail unit.

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7. Condition Number 20 of Planning Register reference 2/95/31 obliges 1 Respondent to engage the services of a qualified Archaeologist to condi archaelogical monitoring of the site of the slatted shed in consultation with 1 Office of Public Works and to furnish a report to the Planning Authority such monitoring. There is no such report on the planning file, regis reference 2/95/3 1 held by Offaly County Council

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EPA Export 25-07-2013:18:23:24

i

' *' . L 7 a - - _- before me a Commissione

Filed this Street, Bandon, County Cork.

day of May, 2002, by€asey & Co., Solicitors for the Respondent, North A

.

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EPA Export 25-07-2013:18:23:24

BOB HIGGINS, KIERAN DAMERY, RAY DEEGAN, MARGAREI: HUDSON, STEPHEN NETTLESHIP, ANN NETTLESHIP

AND THE COUNTESS OF ROSSE

-and-

- Applies

T & J STANDISH (ROSCREA) LIMITED JOSEPH STANDISH, JOHN STANDISH AND T O M STANDISH

Respond

AFFIDAVIT OF PETER SWEETMAN

CASEY & COMPANY,

Solicitors, North Main Street,

Bandon, County Cork.

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EPA Export 25-07-2013:18:23:24

"

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EPA Export 25-07-2013:18:23:24

I

Headquarters, Ardcavan Wexford, Ireland

INTEGRATED POLLUTION CONTROL LICENCE

Licence Register 320 Number:

. Licensee: T. & J. Standish (Roscrea) L

Location of Activity: . The Leap Castle, Roscrea, ( h rr I

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EPA Export 25-07-2013:18:23:24

1

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Condition 3 Interpretation ....................... ....................................................... Condition 4 Notification .................. ..................................................................

..........................

Condition 5 Emissions to Atmosphere ......................................................................................... .5

Condition 6 Waste Management ...................................................

Condition 7 Noise .......................................................... ...................................................

Condition 9 Monitoring .......................... .............................

Condition 11 Emergency Response .............. Condition 12 Financial Provisions ......

....................................

Condition 8 Non-Process Water .......................................................................

Condition 10 Recording and Reporting to Ag

...........................

..........................

SChedule 2(i) Recording and Reporting to the Agency.. ......

.

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EPA Export 25-07-2013:18:23:24

1 I , I

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, ,,, o ~ C I IUU UI tweive curisecUIive montns.

BATN EEC

Day

Daily

Daytime

Night-time

dB(A) .

EMP

EWC

IPC

Leq

Local Authority

Noise sensitive location

Best Available Technology Not Entailing Excessive Cost.

Any 24 hour period

During all days of plant operation, and in the case of emissions, wt emissions are taking place; with no more than 1 measurement on any one-day.

0800 hrs to 2200 hrs.

2200 hrs to 0800 hrs.

Decibels (A weighted)

Environmental Management Programme.

European Waste Catalogue (94131EEC, see also Agency Guidance Note on the EWC)

Integrated Pollution Control.

Equivalent con t in ciou s sound I eve1

Offaly County Council. . Any dwelling house, hotel or hostel, health building,. educational establishment, place of worship or entertainment, or any other facilit ' or area of high amenity which for its proper enjoyment requires the absence of noise at nuisance levels. .

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EPA Export 25-07-2013:18:23:24

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~ - - . _., .,._ ,.,, J " I u,,y pzl l l I I I G I C U I V V I -- would, or is likely to, result in a material change or increase in:

he nature or quantity of any emission,

1.2.2

1.2.3

1.2.4

or any changes in:

The abatementhreatment or recovery systems,

The range of processes to be carried out, The fuels, raw materials, intermediates, products or wastes generated,

1.2.5

shall be carried out or commenced without prior notice to, and without the prior writt agreement of, the Agency.

This licence is for the purposes of IPC licensing only and nothing in this licence shall 1 construed as negating the licensee's statutory obligations or requirements under a other enactments or regulations.

Any reference in this licence to 'site' shall mean the plan area shaded in orange ai labelled Site Location Map, DWG No. 566/2 in the IPC licence application.

The site management and control with adverse environmental significance

1.3

j

1.4

Reason: To clarify the scope of this licence.

Condition 2 Management of the Activity

2.1 The licensee shall establish and maintain an Environmental Management System (EM5 which shall fulfil the requirements of this licence. The EMS shall assess all operatior and review all practicable option's for the use of cleaner technology, cle and the reduction and minimisation of waste, and shall include as

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EPA Export 25-07-2013:18:23:24

2.3

2.4

2.5

2.6

Documentation

2.3.1 The licensee shall establish and maintain an environmental manageme documentation system which shall be to the satisfaction of the Agency.

2.3.2 The licensee shall issue a copy of this licence to all relevant personnel who duties relate to any condition of this licence.

Corrective Action

2.4.1 The licensee shall establish procedures to ensure that corrective action is taki should the specified requirements of this licence not be fulfilled. TI responsibility and authority for initiating further investigation and correctij action in the event of a reported non-conformity with this licence shall t

~ defined.

Awareness and Training

2.5.1 The licensee shall establish and maintain procedures for identifying trainir needs. and for providing appropriate training, for all personnel whose work CE have a significant effect upon the environment. Appropriate records of trainir shall be m ai t i t ai ned.

2.5.2 Personnel performing specifically assigned tasks shall be qualified on the bas of appropriate education, training and/or experience, as required.

Responsibilities

2.6.1 The licensee shall ensure that a person in charge, as defined under the terms i thn F n t r i r n n r n n n t i l Drnln-tinn A n r r n r s s A r l Inn? rh r l l I - - -s, - ; l - I - l - -- -:&- -6 r

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EPA Export 25-07-2013:18:23:24

-- . - - . . - . . . - . . . . . . . . . . . . . . .. . . . . . . . .

3.1.1 Noise from the activity shall not give rise to sound pressure levels (Leq, measured at noise sensitive locations which exceed the limit value(s) by mo than 2 dB(A).

I Reason : To clarim the interpretation of emission limit values fixed under the licence.

Condition 4 Notification

4.1 The licensee shall notify the Agency by both telephone and facsimile, if available, to tt Agency's Headquarters in Wexford, or to such other Agency office as may be specifit by the Agency, as soon as practicable after the occurrence of any of the following:

4.1.1

4.1.2

Any release to atmosphere from any potential emission point.

Any emission which does not comply with the requirements of this licence.

4.1.3 Any incident with the potential for environmental contamination of surface wats or groundwater, or posing an environmental threat to air or land, or requiring i emergency response by the Local Authority.

The licensee shall include as part of the notification, date and time of the incident, detai of the occurrence, and the steps taken to minimise the emissions and avoid recurrence .

4.2 The licensee shall make a record of any incident as set out in Condition 4.1 above. TI- notification given to the Agency shall include details of the circumstances giving rise the incident and all actions taken to minimise the effect on the environment and minimi5 wastes generated.

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EPA Export 25-07-2013:18:23:24

I i 6 ... . ,

6. Disposal or recovery of waste shall take place only as specified in Schedule I(i) Wast for DisposaYRecovery of this licence and in accordance with the appropriate Natior and European legislation and protocols. No other waste shall be disposed ofhecoven either on-site or off-site without prior notice to, and prior written agreement of, tk Agency.

6.2 Waste sent off-site for recovery or disposal shall only be conveyed to a waste contractc as agreed by the Agency, and only transported from the site of the activity to the site recovery/disposal in a manner which will not adversely affect the environment.

6.3 A full record, which shall be open to inspection by authorised persons of the Agency : all times, shall be kept by the licensee on matters relating to the waste managerner operations and practices at this site. This record shall as a minimum contain details ( the following:

6.3.1 The names of the agent and transporter of the waste

6.3.2 The name of the persons responsible for the ultimate disposallrecovery of thc waste.

6.3.3 The ultimate destination of the waste.

6.3.4 Written confirmation of the acceptance and disposal/recovery of any hazardou: waste consignments sent off-site.

2The tonnages and EWC Code for the waste materials listed in Schedule 7(i, Wastes for Disposal/Recovery sent off-site for disposal/recovery.

. 6.3.5

6.3.6 Details of any rejected consignments. a.

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I Reason: To provide for the protection of the environment by control of noise.

Condition 8 Non-Process Water 8.1 Surface water

8.1.1 A visual examination of surface water discharges shall be carried out daily, ai a record of such observations maintained on the site. , I

8.1.2 No potentially polluting substance or matter shall be permitted to discharge off-site surface waters or off site storm drains.

8.1.3 In the event that any analyses or observations made on the quality c appearance of surface water runoff should indicate that contamination has take place, the licensee shall

(i) carry out an immediate investigation to identify and isolate the source c the contamination,

(ii) put in place measures to prevent further contamination and to minimise thc effects of any contamination on the environment,

(iiij and notify the Agency as soon as is practicable.

8.2 Firewater Retention. . 8.2:1 The licensee shall carry out a risk assessment to determine i f the activit)

should have a fire-water retention facility. The licensee shall submit the assessment and a report to the Agency on the findings and recommendations nf tl,p ~ c c ~ r ~ r n r \ n + ,..:+I-:-- 4 - - - I '

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EPA Export 25-07-2013:18:23:24

V:T I abiiiiica IUI L I IC riuitxtiuii 01 brounawater ana Yurtace Water

he floors of all tank and drum storage areas shall be rendered impervious the materials stored therein. In addition, tank and drum storage areas shall L: bunded, either locally or remotely, to a volume not less than the greater of tt- following; /

8.4.2

8.4.3

8.4.4

8.4.5

(i) 11 0% of the capacity of the largest tank or drum within the bunded area

(ii) 25% of the total volume of substance which could be stored within th bunded area.

Drainage from bunded areas shall be diverted for collection and safe disposal

The integrity and water tightness of all the bunding structures and the1 resistance to penetration by water or other materials stored therein shall bl tested and demonstrated by the licensee to the satisfaction of the Agency ani shall be reported to the Agency within six months from the date of grant of thia licence and every two years thereafter. A report on such tests shall be include1 in the AER.

The loading and unloading of materials shall be carried out in designated area: protected against spillage and leachate run-off. While awaiting disposal. a materials shall be collected and stored in designated areas protected agains spillage and leachate run-off.

Within nine months ?f date of grant of this licence all preservative storage anc mixing tanks shall be fitted with overfill alarm mechanisms.

The licensee shall undertake a programme of testing and ' underground tanks to ensure that they are tested at least

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EPA Export 25-07-2013:18:23:24

0 Surface waters discharge points.

and safe access to any other sampling and monitoring points required by the Agency.

Reason: To ensure compliance with the requirements of other conditions of this licence by provision of a satisfactorv svstem of measurement and monitorina of emissions. I

Condition 10 Recording and Reporting to Agency

10.1

10.2

10.3

10.4'

The licensee shall record all incidents which affect the normal operation of the activi and which may create an environmental risk.

The licensee shall record all complaints of an environmental nature related to th operation.of the activity. Each such record shall give details of the date and time of th complaint. the name of the complainant and give details of the nature of the complain A record shall also be kept of the response made in the case of each complaint. Th licensee shall submit a report to the Agency, during the month following SUCI complaints. giving details of any complaints which arise. A summary of the number ani nature of complaints received shall be included in the AER.

The format of all records required by this licence shall be to the satisfaction of thc Agency. Records shall be retained on-site for a period of not less than seven years anc shall be available for inspection by the Agency at all reasonable times.

Reports of all recording, sampling, analyses, measurements, examinations, calibrationc and maintenance as set out in Schedule 2(i) Recording and Reporting to the Agency 01 this licence. shall be submitted to the Agency Headquarters as specified in this licence. .. - . The fnrmat nf thoco v n n e v + - -L-I' L - * - "

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,12.1 Agency Charges

12.1.1 The licensee shall pay to the Agency a minimum annual contribution of E800 such greater sum as the Agency from time to time determines, towards the c( of monitoring the emissions as the Agency considers necessary for t performance of its functions under the Environmental Protection Agency A 1992. The licensee shall in 1999 and subsequent years, not later than Janui 31 of each year, pay to the Agency this amount updated in accordance w changes in the Consumer Price Index from the date of the licence to the renew date. The updated amount shall be notified to the licensee by the Agency. F 1998, the licensee shall pay a pro rata amount from the date of this licence December 31 1998. This amount shall be paid to the Agency within one mon of the date of grant of this licence

Reason: To provide for adequate financing for monitoring and financial provisions for measures to protect the environment..

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EPA Export 25-07-2013:18:23:24