The EPA
Establishment of the Agency
The Environmental Protection Agency (EPA) was established in 1992 in order to provide a single national expert monitoring, licensing and enforcement agency for environmental matters. The Agency provides a single point of licensing for major industrial projects, thereby avoiding the requirement for multiple authorisations. It is also the body which enforces many EU environmental standards and obligations.
The formation of a single expert agency reflected the increasing complexity of pollution control, some aspects of which, were too complex for management by local authorities. It seeks to provide overall management, control and oversight of local authority management of environmental matters. It provides the requisite degree of independence required by the European Union law in various instances.
The 1992 Act, which established the Agency, was reformed significantly in 2003. The original integrated pollution control licensing system was updated with an integrated pollution prevention and control system. The EPA was given enhanced powers and was made central to the State’s environmental policy.
The Environmental Protection Agency has general duties and powers in relation to environmental protection. It may require local authorities to furnish information in relation to matters relevant to environmental protection. It has the power to make a general appraisal of a local authority’s activities and supervisory functions in relation to environmental protection.
It may issue advice and recommendations to local authorities. It may provide assistance, support and guidance or issue a direction requiring something to be done within a period. Local authorities are obliged to comply with the requirements of the Environmental Protection Agency.
Governance
The EPA is an independent body. It has a board comprising a Director General and Directors. The Directors and Director-General are appointed by the Government on the nomination of a committee, which includes various interested national bodies. The board is advised by an advisory board, which comprises members of interested organisations, professionals and other persons concerned with environmental matters.
The Agency is obliged to have regard to certain general principles and policies. It is to seek to maintain a high standard of environmental protection while promoting sustainable and environmentally sound processes in development. It is to keep itself informed of the public policies of various authorities. It is to implement the ‘polluters pay’ principle. It is to seek a balance between the protection of the environment and development.
Relationship with Other Bodies
Various bodies are obliged to consult with the EPA in the relation to environmental matters. Powers may be transferred to the EPA, allowing the EPA enhanced enforcement and inspection powers. The Minister may transfer functions under the air and water pollution legislation from local authorities to EPA. It may confer enforcement functions on it.
The EPA has certain supervisory functions in respect of other authorities, in particular, local authorities, in relation to their environmental functions. Local authorities must have regard to EPA’s advice. The EPA has particular functions in the context of drinking water and sewage regulation. In certain cases, the local authorities may be subject to legally binding decisions and enforcement by the EPA.
The EPA may require a local authority to furnish information in relation to its environmental functions. It may carry out an assessment and the authority must cooperate. It may require remediation by way of advice and recommendation. It may provide assistance. It may direct the local authority to take actions it deems necessary for the proper performance of its functions.
The local authority may make observations in relation to the proposed direction. Subject to those observations, the directions may be confirmed and become binding within a specified period. A local authority may be subject to prosecution if it fails to comply with EPA directions.
European Environmental Agency
The European Environmental Agency was established in 1990, with members from each of the EU States. The EEA is a separate legal body established by a regulation under EU law.
It assesses and collects environmental information and assists national authorities. Its objectives are to support sustainable development and to safeguard the environment through the provision of timely, targeted and reliable information to policy-making bodies and the public. T
The EEA has established an Environmental Information and Observation Network for the purpose of collecting and assessing environmental data. It uses a range of modern technology. It taps into information from numerous environmental agencies and research centres within the EU.
Publishing Information
The EPA promotes environmental awareness. It carries out research itself and assists environmental research. It assists public authorities in providing environmental services. It liaises with its European equivalents. The Minister for the Environment has the power to assign additional functions to the EPA. Additional powers have been transferred to it over the last 20 years.
The Minister may request the Agency to give advice, information and make recommendations. It may require the Agency to publish criteria and procedures in relation to the protection of the environment in the context of water and sewage. It may authorise the Agency to license sewage discharges by sanitary authorities.
The Minister / Department may direct the preparation of guidelines on Environmental Impact Assessment. It may request recommendations in relation to the limits and values for various types of pollutants. It may require matters to be investigated and reported on in relation to environmental pollution. It may arrange for an inquiry in specified instances.
The Agency prepares various national programs of monitoring, as well as supervising sanitary authorities. It provides environmental information and prepares reports on the environment. It may prepare and publish codes of practice and quality objectives. It may promote environmental audits. It may establish or arrange an eco-labelling scheme. It may enforce noise control.
EU Initiatives
All States have a National Focal Point. This is an agency or governmental entity which manages and reports within that State for the purpose of the EEA. In Ireland, it is the Environmental Protection Agency. The National Focal Point makes submissions, to EEA publications and submits information and data to the EEA.
Each National Focal Point is assisted by National Reference Centers. These are boards with areas of expertise in relation to key indicators. The National Focal Point may subcontract work to the National Reference Centers.
The information provided by these national agencies is fed to the EPA and provides a database of the environmental status. This assists public bodies, private entities and research groups in monitoring and chart the status of the environment.
The EPA operates an environment report information system, which is a database. The EPA works on Multi-annual Work Programs, providing five years programs of work.
The EEA has the mandate to promote and educate the public in the EU regarding the state of the environment. It publishes an enormous amount of environmental information on its websites. This includes regular reports and assessments.
European Topic Centres coordinate research activity in certain focus areas. There are Topic Centres dealing with key issues such as air and climate change, waste water, water, the terrestrial environment, nature protection and biodiversity.
There are Annual Work Programs undertaken in accordance with the Medium Term Multiannual Work Programs. The European Topic Centre’s maintains contracts with the EEA in order to carry out specific projects under their Medium Multiannual Work Program.
IPC & Other Licensing
The Environmental Protection Agency determines applications for an integrated pollution control licence or an industrial emissions directive licence. There must be an environmental impact if by reason of size, nature or location if it is likely to have a significant effect on the environment.
The permission for the environmental licence is separate to the application for planning permission. The planning authority (and an Bord Pleanala) are to consult the Environmental Protection Agency in the course of such an application and have regard to submissions made by it in deciding whether to grant planning permission and what conditions to apply.
Relationship to other Licences
The legislation in respect of approval of environmental licences, for example, in relation to air and water pollution, waste and other developments and activities which impact the environment, is separate from planning law. There are specific systems of licensing, whether to the local authority, Environmental Protection Agency or other agency, which contain, in many cases, principles and procedures similar to those in the Planning Act.
Larger scale development requires an integrated pollution prevention and control licence from the Environmental Protection Agency rather than various other licenses from the local authority.
The planning authority and the Board may not impose conditions relating to the control of emissions where that matter is subject to EPA licensing. The planning authority and an Bord Pleanala may refuse planning permission for an activity subject to EPA licensing if it considers it unacceptable on environmental grounds having regard to the proper planning of sustainable development of the area.
There may be consultation between the planning authority and the Environmental Protection Agency. A similar provision applies to development which would require a waste licence.
EIA
EU-derived legislation in relation to environmental impact assessment requires proposed development which would require both planning permission and a consent licence from the Environmental Protection Agency, such as an integrated integration pollution licence, an industrial emissions directive licence or a waste management licence to first apply for planning permission before the application to the Environmental Protection Agency.
An environmental impact assessment will usually be required as part of the planning process. The Environmental Protection Agency is consulted in relation to the planning application. It makes observations to assist the planning authority or Bord Pleanala.
Enforcement Civil
The EPA has published details of its enforcement policies. It has ongoing policing, auditing and monitoring functions. Licence holders must report incidents which are likely to have a significant environmental effect. They must supply ongoing monitoring requirements and summarise their performance under the terms of various licenses.
A license may be suspended or revoked if the licensee is not a fit and proper person. The licensee must be given the opportunity to make representations before revocation or suspension. There is an appeal to the High Court.
The Minister may vest the enforcement powers of Sanitary and Local Authorities under other environmental legislation in the EPA. Certain powers have already been extended to the EPA under various pieces of environmental legislation. Where this occurs, the EPA takes the place of those bodies in relation to enforcement. The EPA may issue warning letters and notes of non-compliance. They are various statutory remedies.
There is a provision for civil enforcement by way of application to the High Court for an injunction. The procedures and principles are similar to those applicable in relation to planning law.
An application may be made to the High Court or Circuit Court for an order requiring a person to refrain from an activity or making such other order as may be appropriate. The application is made by motion on notice. Breach of the order may be enforced as contempt of court and is also an offence.
Enforcement Criminal
The EPA may prosecute for breach of license conditions and requirements and for the breach of environmental legislation generally. A range of offences is created. Failure to have the requisite license is subject to prosecution summarily or indictment.
On summary conviction, a fine of up to €3000 and/or 12 months imprisonment may be imposed. On conviction on indictment, a fine of up to €15 million or 10 years imprisonment may be imposed. A continuing fine of up to €1,000 on summary conviction and €130,000 per day on conviction on indictment may apply.
The EPA has extensive powers to investigate incidents and make reports. It may, after consultation with the Minister, set up an inquiry to investigate any incident. The results of the inquiry may be published.
Fees are payable to the Agency in relation to ongoing monitoring, licensing applications’ monitoring and reviews. Licensees may be required to pay EPA’s costs and expenses and pay sanitary authority expenses in relation to enforcement.
Local Authority
Where a licence proposes the discharge of effluent into sanitary authority facilities, the consent of the sanitary authority (now Irish Water) is required. The sanitary authority must make its decision within four weeks. They may attach conditions.
Where a license has been granted, the planning authority may not impose conditions relating to emissions and control. These are properly the subject of an environmental license. Equally, existing conditions may lapse where an EPA license, IPC or IPPC license is granted.
The local authority may refuse planning permission on environmental grounds, notwithstanding that the EPA has licensed the activity concerned. A planning authority may request the EPA to make observations in relation to planning applications with an environmental element. Due process would normally require the planning authority to defer to the Environmental Agency on environmental issues.