This document has been cleared a '1 Senior Ins ector

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' This document has been cleared for submission to the Director by the Senior Ins ector, Patrick Byrne '1 Signed: & & 9 d a Y y Date: 13/01/2015

L I L;-a. a ..v.-u RESOURCE USE

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a * Ghnlonhmrmht urn Choomhnu CDnhlhoril

To: ' Director

ENVIRONMENTAL LICENSING PROGRAMME From: MICHAEL MCDONAGH

Date: 13 JANUARY 2015

Application for review of an Industrial Emissions (IE) Licence from " Mr. Nigel Flynn. Licence Register No. PO926-02.

. . RE:

Class of activity:

Category of Activity under IED Directive (20 10/75/EC) :

Title of BREF Document (main activity): ~

Licence application received:

EIS received:

Baseline Report received:

Notices under Regulation 10(2)(b)(ii) issued:

Information under Regulation 10(2)( b)(ii) received : Unsolicited Information received:

Application compliant with Regulation 9:

Regulation 14(2) issued by Agency: . '

Consent received from Applicant:

Submissions received:

Site notice inspected:

Site visit:

Class 6.1 (a): The rearing of poultry in installations where the capacity exceeds 40,000 places.

6.6(a) Intensive rearing of poultry with more than 40,000 places for

BREF Document :on Best Available Techniques for Intensive Rearing of Poultry and Pigs (July 2003)

2/07/20 14

2/07/2014

Not applicable

29/09/2014

poultry.

,

2 1/10/2014

06/08/20 14, 23/ 10/2014, 08/01/2015

21/10/2014

08/ 12/20 14

1 O/ 12/20 14

HSE, 12/08/2014

28/07/2014

26/05/2014 (OEE)

1. . Compan,y ' - I .

Mr. Nigel Flynn owns and operates a poultry (broiler) rearing farm at Tiernahinch Far, Clones, Co. Monaghan. Mr. Nigel Flynn currently holds an Industrial Emissions (IE) licence (Licence Register No PO926-01) for poultry rearing with a maximum capacity of 100,000 broilers. PO926-01 was issued by the Agency on the 13/07/2012 and was subsequently amended on the 12/12/2013 (Section 82A(11) Amendment).

Poultry farming has been carried out on this site since 1996. The farm currently accommodates 69,000 broilers within two poultry houses. The existing licence (Reg No. PO926-01) allows construction of an additional house and 100,000 places. The licensee is looking for an increase in, their licensed limit to 106,000 places following the development of one additional broiler rearing house.

The proposed development of one new broiler rearing house will accommodate approximately 40,000 birds and will be completed adjacent to the existing two houses. The capacity of the farm upon completion of all proposed developments will be increased to approximately 106,000 birds.

The present enterprise provides part-time employment for the applicant. The main activities a t this installation occur during normal working hours between 6.00 a.m. and 8.00 p.m. Stock inspections are carried out every day, including weekends and bank holidays and additional essential activities may be conducted outside of core working hours. The installation currently operates in accordance with the requirements of the Department of Agriculture, Food and the Marine and the Bord Bia Poultry Products Quality Assurance Scheme (PPQAS).

2. Reasons for Review

This licence review application is to accommodate an increase in their licensed limit of 6,000 places to 106,000 places upon completion of the additional poultry house on site. The existing poultry farm is operating a t a capacity of 69,000 places for broilers, however, the existing licence (Reg. No. PO926-01) allows 100,000 places to be accommodated on site.

3. Planning Permission and EIS

The following planning permissions have been granted for the site by Monaghan County Council:

Planning Date of Brief description EIS with or Appeal Planning Planning Reference Decision Application? Number

96/336 24/09/96 Erect two poultry units and effluent tanks. No

06/2081 13/04/07 Construct a nitrate storage agricultural building No . within existing farmyard complex together with all ancillary site works .

08/145 24/07/08 Erect a poultry unit, underground washing's Yes *

storage tank, vertical meal bin, use existing agricultural entrance & all ancillary site works within existing farmyard complex.

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13/282 c 11/12/13 Erect a poultry unit, underground washing Yes storage tank, vertical meal bin, use existing . agricultural entrance and all ancillary site works within existing farmyard complex.

The planning permission granted in 2008 was for an additional poultry unit to be located adjacent to the two existing poultry units with a proposed building area of 1,812m2, whereas the planning permission granted in 2013 was for a slightly bigger proposed building of 1,951m2gross floor space area.

The EIS pertaining to planning application.ref: 13/282, was submitted to the Agency with the licence review application. Please refer to the EIA section of this report for further information in this regard.

Monaghan County Council has confirmed that the maximum capacity permitted by the planning permissions granted for this site is 107,000 broilers. The EIS prepared in support of the planning application refers to a capacity of approximately 109,000. It is noted that the licence application was made for a capacity of 106,000 birds. Therefore Schedule A of the Recommended Determination (RD) limits the number of birds housed on site to 106,000 broilers.

4. Process description

The process involves the rearing of stock specifically bred for lean poultry meat production, from day olds delivered from the hatchery until they are removed from the site to the processing facility (approximately 5 - 6 weeks). A t the end of each rearing cycle the houses are destocked and the birds are sold for processing. Following a period of 2 weeks to allow for complete drying after the cleaning process, the houses are restocked.

The type of broiler house used for this activity is a simple closed building of block and timber/wood construction on an impervious concrete base. The houses are thermally insulated with a forced computer controlled ventilation system and artificial lighting. Automatic feeding and ventilation systems operate on a 24 hour basis. The solid flooring of each broiler house is bedded with wood shavings/chopped straw over its entire area immediately prior to housing each new batch bought from the hatchery.

The principal inputs to the operation are feed, water,' veterinary medicines and energy (electricity and gas for heating). The main by-product of poultry rearing is poultry manure/litter (organic fertiliser'). These are discussed in further detail below.

5. Consideration of Best Available Techniques (BAT) and BAT Conclusions

Section 86A(3) of the EPA Act 1992 as amended, requires that the Agency shall apply BAT conclusions as a reference for attaching one or more conditions to a licence or a revised licence (Article 14(3) of the IED). Therefore BAT for the installation was assessed against the BAT Conclusions contained in the following documents:

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Any fertiliser other than that manufactured by industrial process and includes livestock manure, I

dungstead manure, farmyard manure, slurry, soiled water, silage effluent, non-farm organic substances such as sewage sludge, industrial by-products and residues from fish farms ,

8 BREF Document for the Intensive rearing of Poultry and Pigs (July 2003) [Main Applicable BREF activity]'

8 BREF Document on Energy Eficiency (February 2009) 8 BREF Document for Emissions from Storage (July 2006)

The applicant submitted an assessment of the installation activity against the relevant BAT Conclusion requirements contained in the above BREF Documents. The applicant has demonstrated that the installation will comply with all applicable BAT Conclusion requirements specified in the Poultry and Pig BREF and those contained in the additional BREF Documents.

I consider that the applicable BAT Conclusion requirements are addressed through: (i) the technologies and techniques as described in the application and (iij the standard conditions specified in the RD.

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6. Emissions

6.1 Emissions to Air/Odour

The applicant states that potential emissions to air from the activity should be limited to odour emissions associated with the general operation of the activity, as well as the loading of poultry manure and its removal by the contractor.

The applicant currently employs a number of control measures on site to minimise potential odour emissions. The applicant identifies that odour emissions will be minimised by the use of automated feeding and ventilation systems, by optimising crude protein levels in feed (to minimise nitrogen excretion and ammonia emission from ventilation), by ensuring the poultry houses are not overstocked, by proper on- site storage and regular removal of wastes, by proper management of temperature and humidity controls within the broiler houses, and by maintaining a good standard of cleanliness on-site.

The nearest residential dwellings to the unit that are not owned by the applicant are approximately 140m from the site boundary (170m from the poultry house) to the north west and 150m from site boundary (200m from poultry house) south east of the unit. The applicant states that no complaints regarding odour from the installation have been received. The OEE has not received any complaints in relation to the licensed site since the activity was licensed in July 2012. The HSE confirmed in their submission (detailed in section 17 below) that they have not received any odour complaints in relation to the installation to date.

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Condition 5 of the RD requires that amenities, the environment and any legitimate uses of the environment beyond the installation boundary shall not be impaired or interfered with by emissions, including odour, arising from the activity. The licensee shall also be required to prepare and implement an odour management programme, with the agreement of the Agency, and' this programme shall be reviewed and submitted annually as part of the Annual Environmental report (AER) for this activity.

Ammonia emissions from intensive agricultural activities may have an impact on sensitive receptors (e.g. lichens, bryophytes etc.), however, given the dispersion

BREF currently under review

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available and the nature of the nearest designated habitats the Agency is satisfied that the activity will not have an impact. ’ . .

Dust may arise as fugitive emissions from the ventilation systems on site. Good housekeeping practices will minimise the occurrence of dust. The RD requires that dust not cause a nuisance beyond the site boundary.

6.2 Emissions to Sewer

There are no emissions to sewer from this installation.

6.3 Emissions to Waters

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There is no process effluent discharge from the site.

6.4 Surface Water

Surface water arises on-site from storm water collected from yards and the roofs of buildings. All clean storm water is diverted away from soiled areas of the site and is collected in a storm water collection system. From here, it is diverted by gravity and discharged via two discharge points SW1 and SW2, (SW3 is under construction) into a field drain on the eastern and northern boundary of the site (EPA name: Cavan 36 River), which flows in a westwards direction and joins the Lackey (Monaghan) river and the Finn river (Monaghan), ultimately flowing into the River Erne and Donegal Bay SPA (site code 004151), approximately 65km downstream of the installation.

There is no information available on the status of the Cavan river. However, the River Finn, has a Q-Value of 3 and is classed as ‘poor’ status in accordance with the Water Framework Directive with a risk category of l (a ) ‘waterbody at risk of not achieving good status:

There are no identified drinking water abstraction.points on the Cavan 36 River or thel River Finn.

The storm water discharged through SW1, SW2 and SW3 should be uncontaminated and, therefore, should have no impact on receiving surface waters. The only period during which there is potential for contamination of surface waters is during removal of organic fertiliser from the poultry houses, i.e. once every 8 week rearing cycle and when the houses are washed out. All soiled surface water is diverted to the soiled water storage tank.

The current licence (PO926-01) requires monitoring of the storm water a t two locations (SW1 and SW2) and the RD now requires additional monitoring a t a third storm water discharge point (SW3 - along the south eastern boundary of the site). All storm water discharge points must be visually inspected weekly and monitored for BOD and COD as required by the Agency, in accordance with Schedule C.2.3 Monitoring of Storm Water Emissions. The RD provides that the scope of monitoring and sampling may be amended with the agreement of the Agency following evaluation of test results. The RD specifies that there can be no unauthorised discharge of polluting matter to water.

The RD requires the licensee to provide and maintain a storm water/rainwater collection and drainage system for all poultry houses on-site and to provide and maintain an inspection chamber within three months of grant of licence and’ to assess the need to install silt traps/swaIes on the drainage system. The RD also

requires the storage of all liquid fuels, chemicals, etc., in bunded areas to avoid spillage to the environment.

These measures, along with the controls in relation to on site management of poultry manure outlined in Section 6.7 below, will contribute towards achieving good water quality in the River Finn.

6.5 Emissions to around

The applicant states in the application that there has been no historical contamination of groundwater a t the site. There are no emissions to ground/groundwater from this activity. There is no existing or proposed on-site

I septic tank/percolation area associated with this activity. r

The applicant identifies a well as the primary source of water for the site, which is inside the boundary of the installation. It is noted that the installation is situated above Groundwater body ‘Crom Castle‘ (IEGBNI-NW-G-030), a productive fissured bedrock aquifer which currently has a WFD status of Good.

The RD requires the.applicant to provide monitoring of the on-site well on an annual basis.

The RD includes requirements for bunding and storage of materials as well as requirements for accident/incident prevention which will minimise the potential for spillages that could impact on groundwater.

’ 6.5.1 Baseline ReDort‘ [Industrial Emissions Directive [2010/75/EC))

The licensee states that the activity does involve the use of small amounts of hazardous substances which include fuels (diesel for generator etc.), disinfectants/sprays and fluorescent tubes. However they state that materials will be bunded, amounts stored will be minimal and the activity will be carried out on a concrete area with minimal if any risk of soil/groundwater

I \ . * . contamination.

Taking into account the smal1,quantities of substances used, the location of these substances on the site, in view of the soil and groundwater characteristics, and the measures to be taken- to prevent accidents and incidents, the possibility of soil and groundwater contamination a t the site of the installation is considered to be low. Having regard to the possibility of soil and groundwater contamination and to the European Commission Guidance concerning baseline reports under Article 22(2) of Directive 20l0/75/EU the Agency is satisfied that a baseline report is not required. ,

The RD requires that relevant hazardous substances are monitored in groundwater every five years and in soil every 10 years in accordance with the requirements of the IED. The hazardous substances for monitoring shall be identified by the licensee by undertaking a risk based assessment.

6.6 Washwater !

Estimated washwater/soiled water production for this activity is approximately 26.5 m3/batch, or approximately 185 m3/annum based on an estimated 6 - 7 batches per

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annum. There are currently three wash water tanks on site providing total wash water storage of 20 m3: The proposedLdevelopment will include the installation of a precast washwater tank bringing overall capacity on site to 65m3. The washwater storage capacity may be supplemented by storage available in the applicant's bovine slatted tank located in close proximity to the installation. Washwater/soiled water is applied to the applicant's landholding which adjoins the site, in accordance with the requirements of the European Union (Good Agricultural Practice for the Protection of Waters) Regulations 2014 (S.I. 31 of 2014).

6.7 Poultry Manure (Orsanic Fertiliser)

It is estimated that 1,345 tonnes of organic fertiliser is produced per annum by the existing activity (69,000 places) and this is expected to increase to 2,067 tonnes/annum of organic fertiliser after the proposed expansion.

The applicant states in the application that all of the organic' fertiliser produced by the licensable activity is currently removed from the site at the end of each batch (i.e. 6 - 7 times per annum) by a contractor (CLR Co-op Ltd), CLR Co-op Ltd are a registered contractor with the Department of Agriculture, Food and the Marine for the transport of animal by-products (poultry litter) DAFM Reference No. CLR. This contractor takes this material to mushroom compost production facilities (Kabeyun Limited located a t Castleshane, Co. Monaghan, Carbury Compost facility in Derrinturn, Co. Kildare and Custom Compost, Gorey, Co. Wexford). The applicant has provided a letter of confirmation from the contractor confirming that they have capacity to take the increased tonnages of manure associated with the development works and confirming the compost production facilities they will be taking the manure to.

The applicant also proposes that some organic fertiliser may, in the future, be reallocated to customer farmers for off-site landspreading as fertiliser, in accordance with the European Union (Good Agricultural Practice for the Protection of Waters) Regulations 2014 (S.I. 31 of 2014)3. The control of application of all fertilisers to land, including organic fertiliser, is controlled by S.I. 31 of 2014 and the competent authorities are the Department of Agriculture, Food and the Marine and Local Authorities. The RD includes conditions which provide for the movement of organic fertiliser as fertiliser to customer farmers.

The manure storage capacity currently provided o'n site is 1,908 tonnes or 536m3 which will provide 48 weeks of storage for manure, however on-site storage is not generally used. As the manure is removed off-site to mushroom compost production facilities, the applicant is exempt from the requirement to provide a minimum 26 weeks on-site storage for organic fertiliser, as would otherwise be required under Article lO(1) of S.I. 31 of 2014, subject to the licensee having a contract for access to a treatment facility for livestock manure or for the transfer of manure to a person registered under and in accordance with the European Communities (Transmissible Spongiform encephalopathies and Animal By-products) Regulations 2008 S.I. 252 of 2008 to undertake the transport of manure. Such exemption is provided in accordance with Article 14(1) of S.I. 31 of 2014.

Condition 3.6 of the RD requires the licensee to maintain a minimum of 26 weeks storage of manure on-site or a t an agreed storage location unless the licensee has a contract for the transfer of manure to a person authorised or exempted under and in

S.1 No. 31 of 2014 transposes the Nitrates Directive (91/676/EEC)

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accordance with the Waste Management Act 1996 as amended or theiEnvironmental Protection Agency Act 1992 as amended to undertake the collection and recovery of the manure.

7. Waste

The activity does not produce significant quantities of waste. There are no waste disposal or recovery activities undertaken on-site. Waste arising on-site includes general waste, veterinary waste containers, fluorescent tubes an'd poultry tissue waste.

The applicant states that to prevent waste: they use specialist feeding devices to minimise feed waste; and regularly maintain feeding, water supply, manure removal and ventilation systems in order to maximise efficiency and help conserve resources.

Carcasses, are stored temporarily on-site in covered skips on the 'farm before being transported to an appropriately licensed installation where the material will *be rendered in accordance with the Animal By-product Regulations (Regulation (EC) No. 1069/2009). The RD requires that animal carcasses are removed from site at least fortnightly.

The RD requires that waste sent off site is transported and recovered/disposed in accordance with National and European Legislation and requires maintenance of records on matters relating to the waste management operations and practices at this site.

8. Noise

Noise is not expected to be an issue a t or beyond the site boundary. The closest dwellings to the site belong to the applicant. The nearest sensitive receptor (i.e. third party dwelling) is located approximately 140 metres from site boundary (170m from poultry house) to the north west of the installation. The activities on-site are not likely to result in audible noise levels outside of the limits included in the RD at or beyond the site boundary. Therefore standard noise conditions and emission limit values have been included in the RD. It should be noted that this now includes an 'Evening time' noise limit of 50 dB LA,, (30 minutes) in accordance with EPA Noise Guidance Note limit, see the Agency's Guidance Note for Noise: Licence Applications, Surveys and Assessments in Relation to Scheduled Activities (NG4) (2012).

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9. Use of Resources

Electricity and Gas

Heating for the poultry houses is primarily by gas. 2013 consumption was 375,000 litres of gas for 69,000 birds. It is anticipated that the new house would be approximately 15% more efficient with an estimated consumption of 171,000 litres of gas per annum. All buildings are insulated to rpduce the requirement for gas for heating. Anticipated energy use per annum will be approximately, 6-8KWh per bird place (85% gas, 15% ESB). Electricity is used to power processes and services on-site. The power supply is backed-up by an on-site generator.

The RD requires a Resource Use and Energy Programme to be. established and an energy audit to be carried out and repeated a t intervals as required by the Agency. The BREF on Energy Efficiency should be referred to in the context of the Resource Use and Energy Programme.

The applicant states that estimated water use for this activity is 5,194 m3/annum. The primary source of water for the activity is -an on-site well located on the applicant's existing farmyard complex. Additional water is provided by the Stranooden public water supply. The poultry houses will be physically cleaned of organic fertiliser and high pressure washing will be used in order to minimise water consumption. The RD requires the licensee to maintain a water meter on all water supplies serving the installation and to maintain records of water usage on- site.

Feed

Water

There are four stages of rations fed throughout the lifecycle of the broilers to satisfy dietary requirements a t various ages in order to maximise rate of development and meat quality. Feed is supplied by specialised suppliers and stored in feed storage bins/silos located adjacent to the poultry houses. Total annual feed consumption for this activity is expected to be approximately 2,968 tonnes.

Medication and Disinfectant 1

Medication and disinfectant will be stored in designated areas on the farm.

Condition 7 of the RD includes conditions dealing with water, energy and raw material use, reduction and efficiency on site.

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10.Greenhouse gas emissions and Climate Change impact -

With regard to reducing the climate impact of the installation; the RD requires an energy efficiency audit and an assessment of resource use efficiency.

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1LPrevention of Accidents and Cessation of activity

11.1 Measures to be taken to prevent accidents and limit consequences

The application details a range of measures that will help to prevent accidents a t the installation and limit their environmental consequences. These include:

- Provision and maintenance of adequate soiled water storage facilities. Integrity of tank to be'assessed every 5 years and maintenance carried out as required. Separation of soiled water and clean storm water. Integrity of soiled water network to be assessed every 5 years and maintenance carried out as required. The storm water discharge points will be visually monitored. 26 weeks manure storage capacity provided. Yards around houses will be concreted. Emergency response and corrective action procedures will be put in place.

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Condition 9 of the RD requires procedures to be put in place to prevent accidents with a possible impact on the,environment and to respond to emergencies so as to minimise the, impact on the environment. I n addition the RD specifies the minimum organic fertiliser storage capacity to be maintained, assessment of organic fertiliser storage tanks, control and management of organic fertiliser on-site, storm water monitoring etc. .

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11.2 Measures to be taken upon cessation

The application details a range of measures to be employed upon cessation of the activity, these include: . I

I i - Birds will be sold

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- Houses washed & disinfected -

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Wastes will be removed as iper normal procedure Feed, medicines and all rehaining inputs returned to suppliers where possible Litter removed from houses & transported off-site as per normal procedure

Once structures have been sterilised, they will be taken down and the various components made available for reuse or recycling where possible. I f Class A disease incident occurs, animals will be slaughtered and consigned for rendering having regard to pcevention of spread of disease. The Department of Agriculture takes control of the site.

As outlined in Section 6 above (Baseline re'port), a Baseline report was not required due to low risk of soil or groundwater contamination by relevant hazardous substances.

Condition 10 of the RD specifies decommissioning and residuals management requirements.

Condition 12 of the RD requires that an annual statement is provided in the AER as to the measures taken or adopted a t the site, in relation to the prevention of environmental damage, for remedial actions following closure/decommissioning or

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accidents/incidents, as may be associated with the carrying on of the activity. The licensee must have regard to the Environmental Protection Agency's Guidance on Assessing and Costing Environmental Liabilities (2014) and, as appropriate, Guidance on Environmental Liability Risk Assessment, Residuals Management Plans and Financial Provision (2006) when doing so. I

12. Compliance with EU Directives -

11.1 Habitats Directive (92/43/EC) & Birds Directive (79/409/EEC)

The installation is not located within a European Site. Clean storm water is collected in surface water drains which flow to the nearby stream. The installation is located approximately 20 metres south of a stream (EPA name: Cavan 36 River), which flows in a westwards direction and joins the Lackey (Monaghan) river and the Finn river (Monaghan), ultimately flowing into the River Erne and Donegal Bay SPA (site code 004151), approximately 65km downstream of the installation.

There are four Special Areas of Conservation (SAC) within 20 kilometres of the installation. Kilroosky Lough Cluster SAC (site code 001786) is located approximately 800m .from the installation. Kilroosky Lough Cluster straddles the border 'with Northern Ireland and includes Kilroosky, Burdautien, Summerhill and Dummy's Lough. Kilroosky Lough cluster SAC (site code 001786) is a marl lake surrounded by fen and species-rich, freshwater marsh. This site is an SAC selected for the fo!lowing habitats and/or species listed on Annex I / I1 of the E.U. Habitats Directive: Hard Water Lakes, Cladium Fens, Alkaline Fens and White-clawed Crayfish.

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Maghervelly Marl Loughs SAC (site code: UK 0016621) is located in Northern Ireland (which adjoins the Kilroosky Lough Cluster SAC), approximately 1 km from the installation. This SAC includes parts of four lakes also located in the Republic of Ireland, Kilroosky Lough, Summerhill Lough, Black Lough and Burdautien Lough. This SAC is a cluster of six low-lying lakes in the catchment of the River Finn in Northern Ireland. This site is an SAC selected for the following habitats and/or species listed on Annex I / I1 of the E.U. Habitats Directive: Alkaline fens, Calcareous fens, White-clawed Crayfish.

Lough Oughter and Associated Loughs SAC (Site Code 000007)' is 12km south west of the installation. Lough Oughter and Associated Loughs SAC (site code 000007) is a candidate Special Area of Conservation for natural eutrophic lakes and bog woodland, two habitats listed on Annex I of the E. U. Habitats Directive and for the otter, a species listed on Annex I1 of the same Directive. The site also contains areas of dry woodland, marsh, reedbed and wet pasture. The site' as a whole is the best inland example of a flooded drumlin landscape in Ireland and has many rich and varied biolog ica I com m unities.

I n Northern Ireland, Upper Lough Erne SAC (site code: UK0016614) and SPA (site code 9020071) is located approximately 11 km from the installation.

The Slieve Beagh Special Protected Area (SPA) (site code 004167) is located approximately 10 km from the installation and extends from Co. Monaghan into Northern Ireland. The Slieve Beagh SPA site (site code 004167) is of special conservation interest for the Hen Harrier, which is listed on Annex I of the Birds

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Directive. The conservation objective'of Slieve Beagh SPA is to maintain or restore the favourable conservation condition of the Hen Harrier. The site also supports breeding Merlin.

A screening for Appropriate Assessment was undertaken to assess, in view of best scientific knowledge and the conservation objectives of the site, if the activity, individually or in combination with other plans or projects, is likely to have a significant effect on a European Site(s). I n this context, particular attention was paid to the European site(s) a t Slieve Beagh SPA, Kilroosky Lough Cluster SAC, Magheraveely Marl Loughs SAC, Lough Oughter and Associated Loughs SAC and Upper Lough Erne SAC (site code: UK0016614) and SPA.

The Agency considered, for the reasons set out below, that the activity is not directly connected with or necessary to the management of the sites as European sites and that it can be excluded, on the basis of objective information, that the activity, individually or in combination with other plans or projects will have a significant effect on a European site, and accordingly the Agency determined that an Appropriate Assessment of the activity was not required.

This determination is based on the nature and scale of the activity, the distance between the installation and the European Sites and the lack of direct pathways (surface water) connecting the European sites to the installation.

Ammonia emissions from intensive agricultural activities' may have an impact on sensitive receptors (e.g. lichens, bryophytes etc.), however, given the dispersion available and the nature of the designated habitats the Agency is satisfied that the activity will not have an impact.

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11.2 Environmental ImPact Assessment (EIA) Directive (85/337/EEC).

The applicant submitted an Environmental Impact Statement (EIS) which was prepared in support of planning application Ref. 13/282. Planning permission was granted for this development by Monaghan County Council on 11 December 2013.

Content of EIS

I have considered and examined the content of the EIS and other material (information submitted in the licence application, the planning documentation; correspondence between the Agency and the Planning Authority carried out under Section 87 of the EPA Acts and submissions made by third parties in relation to the EIS). I consider that having examined the relevant documents and with the addition of this Inspector's Report that the likely significant direct and indirect effects of the activity have been identified, described and assessed in an. appropriate manner as required in Article 3 and in accordance with Articles 4 to 11 of the EIA Directive as respects the matters that come within the functions of the Agency., 1,consider that the EIS also complies with the EPA (Industrial Emissions)( Licensing) Regulations 2013.

Consultation with Competent Authorities

An assessment, as respects the matters that come within the functions of the Agency, has been carried out in accordance with Section 83(2A) of the EPA Acts, as detailed below.

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An assessment as regards the functions of .the planning authorities was carried out by the planning authority when granting planning permission for the development (Planning File Ref. 13/282). That assessment addressed the likely significant effects of the construction and operational phases of the development. The planning authority‘s assessment was considered as part of the Agency’s assessment.

Consultation was carried out between Monaghan County Council and the Agency in accordance with Section 87( 1E) of the EPA Acts, as follows.

Notice under Section 87(1E)(a) (request for observations) issued:

03/07/2014 to Monaghan County Council

Response to Section 87(1E)(a) Notice received : Council . ”

11/08/2014 from Monaghan County

Notice under 87(1E)(c) issued:

Response to 87(1E)(c) Notice made:

19/08/2014 to Monaghan County Council

27/08/2014 from Monaghan County Council . :. 1

I n response to Agency correspondence under Section 87(1E)(c) of the EPA Act, the Planning Authority (Monaghan County Council) confirmed (i) the planning permission granted for the site and (ii) the numbers of birds permitted to be housed on site under the granted planning permission. The Planning Authority raised a number of issues in relation to the licence review application and EIS. They recommend that:

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1. All licensed facilities depending on off-site disposal of organic fertilisers and their agents should take account of sensitive areas identified in the County Development Plan 2013 to 2019. The licensee should demonstrate that the County Development Plan objectives and policies for protection of waters are integrated into site management, landbank selection and nutrient

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i I : 1 i management planning (including phosphorus application rates).

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I h I 2. The proposed use of landbanks by licensees and their agents in the catchment of water supply sources should seek approval in writing in advance from the local authority.

3. A fully traceable manure movement system for off-site movement of manures should be provided by licensee and available for inspection.

The following is noted in relation to the concerns raised by the planning authority in their submission:

The Industrial Emissions licence relates to the site of the activity for which the licence application is made and does not extend to the lands on which organic fertiliser may be used as fertiliser. It is proposed that poultry manure will be used for production of compost for use in the mushroom industry, as is the current practice. However poultry manure may also be allocated to customer farmers and applied as an organic fertiliser in accordance with S.I. 31 of 20144. The competent authorities are the Department of Agriculture, Food and the Marine (DAFM) and Local Authorities. The RD requires details of all movement of organic fertiliser off-site to

S.1 No. 31 of 2014 transposes the Nitrates Directive (91/676/EEC.)

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be maintained and submitted to the DAFM annually in accordance with 5.1. 31 of 2014. The 1DAFM can use the record to establish if receiving farmers are in compliance with S I . 31 of 2014.

Description of effect

Potential for contamination of surface water systems which could damage aquatic habitats and/or individual aquatic species.

Dead birds can result in high populations of scavengers and has the potential for

The assessment outlined in this report considers the submissions and observations exchanged between Monaghan County Council and the Agency. All third party submissions/observations received which are relevant to impacts on the environment have also been considered and taken into account.

Mitigation measures proposed by applicant in

EIS or I E licence application Note 1

Monitoring of surface water discharge in accordance with I E licence requirements.

Measures as per Table No. 4 ‘Water‘ below. Implement a pest and vermin control programme in line with Bord Bia and DAFM

0 Likely Significant effects

The following section identifies, describes and assesses the main likely significant direct and indirect effects of the activity on the environment, as respects the matters that come within the functions of the Agency, for each of the following factors: human beings, flora, fauna, soil, water, air, climate, the landscape, material assets and cultural heritage. The main mitigation measures proposed to address the range of predicted significant impacts arising from the activity have also been outlined.

1. Human Beings

Likely significant

Odour.

Nuisance from landspreading

L Note 1: and/or as out ined

Description of effect Mitigation measures proposed by applicant in

EIS or I E licence application \ Note 1

From site operations and Measures as per Table No. 5 waste management. . ‘Air’ below. Landspreading is not Landspreading must be conducted and/or permitted carried out in accordance with on-site. Organic fertiliser . Nitrates Regulations (51. 31 (poultry manure/litter) is of 2014) and DAFM transported off-site for guidelines; relevant mushroom compost information will be supplied by production or may in the the applicant/contractor to future to customer farmers customer farmers. .

for landspreadinq as fertiliser. ove in this report

2. Flora & fauna .

Likely significant effect

Water pollution damaging aquatic habitats or directly impacting aquatic fauna/flora.

Attraction of pests/rodents.

Impacts on any SACJSPA.

increasing the spread of bacteria and disease.

Scavenging vermin may be attracted to uncovered, waste.

Kilroosky Lough Cluster SAC is 0.8 km from the installation Maghervelly Marl Loughs SAC in Northern Ireland (adjoins Kilroosky Lough Cluster SAC). Lough Oughter and Associated Loughs SAC is 12km south west of the installation. The Slieve Beagh SPA is located approximately 10 km from the installation. I n Northern Ireland, Upper Lough Erne SAC and SPA are located approximately 11 km from the installation.

Appropriate Assessment (AA) screening concludes that significant impacts are unlikely due to the nature and scale of the activity and the lack of direct pathways connecting the European sites to the installation.

Ammonia emissions from this activity are not likely to have a significant impact on sensitive receptors (e.9, lichens, bryophytes etc.) because of the dispersion available and the nature of the designated habitats, the Agency is satisfied that the activity will not have an impact.

requirements.

Storage of bir.d carcasses in sealed, leak-proof containers.

Regular removal of dead birds from site.

Proper storage of foodstuffs.

Weed control to reduce cover.

Compliance with waste and nuisance management conditions in I E licence. None proposed.

.

_ .

i

. ,

15

Note 1: and/or as outlined above in this report

3. . . Soil


Con ta m i nation from accidental spillages.

Reduction in soil quality of spreadlands.

Note 1: and/or as outlined

I


Accidental spillages or washwater tank failure could impact on soil quality.

Contamination of soil from spreading soiled water.

ove in this report


EIS or IE licence application

Measures as per Table No. 4, ‘Water’, below.

Note 1

Monitoring of surface water discharges as per IE licence.

Accident Prevention and Emergency Response Procedures to be maintained as per IE licence. Landspreading must be carried out in accordance with Nitrates Regulations (S.I. 31 of 2014) and DAFM quidelines.

4. Water

Likely significant Description of effect effect

Diffuse pollution of surface water/groundwater is over applied. ’

from landspreading soiled water. Pollution of surface Potential contamination water/ groundwater could occur if washing from washwater. activities on-site are not

managed appropriately and if washwater collection tank is not adequately managed and maintained.

Potential run-off to local water courses if soiled water

!

Pollution of Cavan 36 River or groundwater from accidental

Contamination of surface water and groundwater from unexpected events such as

16


EIS or IE licence . application Landspreading must be carried out in accordance with Nitrates Regulations (S.I. 31 of 2014) and DAFM guidelines. Provision of impermeable concrete base and, with proper storm and soiled water collection facilities.

Note 1

Monitoring of surface water discharges as per I E licence.

Accident Prevention and Emergency Response Procedures to be maintained as’per IE licence. Appropriate bunding as per I E licence conditions.

spillages.

,

Run-off from manure stored on site.

Note 1: and/or as outlined abc

spillages, chemical products, failure of tanks/bunds etc.

Contamination of surface water and groundwater is unlikely as manure is in a dry/solid form and stored in a covered shed and removed from site on a regular basis.

in this report

Provision of safe and secure storage of disinfectants on- site.

Provision of appropriate storage of wastes.

Organic fertiliser removed off-site a t end of each batch directly to compost yards or customer farmers.

No organic fertiliser storage on-site.

All-soiled water diverted to manure storage tanks.

Monitoring of surface water discharges as per I E licence.

Accident Prevention Procedure and Emergency Response Procedure to be maintained as per I E licence. Maintain 26 weeks storage as per S.I. 31 of 2014 and as per I E licence.

Storage facilities to comply with DAFM standards as per IE licence.

Compliance with conditions in relation to materials handling as per IE licence.

17

5. Air


Odour.

Dust-

, ,


From site operations.

From carcasses.

Ammonia from organic fertiliser and organic fertiliser handling.

From soiled water.

From site.operations and handling of organic fertiliser.



Good site and flock management practices, e.g. proper stocking rate, keeping doors closed until final extraction of birds, regular flock inspections and removal of carcasses, thorough cleaning of poultry houses, appropriate management of underfoot organic fertiliser in poultry houses, regular removal of wastes, temperature and humidity control, etc.

Activity operates on dry organic fertiliser basis.

Good organic fertiliser, waste and soiled water management practices.

Good, carcass ma nag emen t and compliance with carcass storage conditions in I E licence.

Implementation of odour management programme as per I E licence and compliance with conditions relating to odour control. Good site and flock management practices.

Thorough cleaning of houses between batches will ensure emissions of dust are kept minimal.

Immediate removal of organic fertiliser off-site in properly designed and covered trailers.

Compliance with I E licence condition relating to dust.

1.8

Noise.


6. Climate

Site operations unlikely to generate noise levels that I

could exceed legal limits beyond the site boundary.

love in this report

Good management of on-site practices; e.g. every day operations, timing of deliveries and stock/waste removal, etc.

Compliance with noise limits in I E licence. - .


Description of effect Mitigation measures proposed by applicant in

EIS or I E licence ~~

Note 1 application Release of climate No significant impacts are Energy efficiency conditions altering substances. predicted as a result of the

combustion of fuel for heating 1 are included in the I E

Recommended Determination I poultry houses or from traffic. I (RD).

Note 1: and/or as outlined above in this report

7. Landscape, Material Assets & Cultural Heritage


Disturbance of archaeology.

Cultural impacts.

Landscape and visual impact.



The operation of the activity is unlikely to negatively impact on local archaeoloqy. The operation of the activity is unlikely to negatively impact on the agricultural culture of the area.

Site is not located close to and/or likely to impact on any areas of Primary or Secondary Amenity value. The operation of the activity is unlikely to negatively impact on the landscape of the area. love in this report



None proposed.

None proposed.

None proposed.

None proposed

The assessment detailed throughout this Inspector's Report fully considers the range of likely significant effects of the activity (existing activity and proposed new development) on human beings, flora, fauna, soil, water, air, climate, landscape, material assets and cultural heritage, as respects the matters that come within the functions of the Agency, (as identified in parts 1-7 above), with due regard given to

Assessment of parts 1 to 7 and the interaction of effects and factors

19

the mitigation measures proposed to be applied. The assessment also has regard to the assessment carried out by the planning, authority and all relevant observations and submissions made on the licence application and EIS. The RD includes conditions as considered appropriate to address the likely significant effects of the activity.

The following is a table of the potential significant interaction of impacts, as provided in Section 12.3 of the EIS.

I (

Summary of Potential Interactions/Inter-relationships

~ fUt33ECT fnteraction with ?nteradion/inter-relatinnships l.~."." T" ......................... I .--I_

I

Material Assets No Intera~p$,@ter-relationshtps ,.L rv

I \ . !

Landscape Humanbeings The p$@'ed development will have a minor actual and perceived Ian&* appearance in the area and directly impact on the local co@lr nr ty and adfacent rest de ncs.

,p' small loss of hedgerow will occur and these ate very important as C'wildlife corridors for animals. Improvement of the remaining hedgerow

will be conducted post development

-- ------ ~ --~ . Flora & Fauna

- --llll_-XI..

_.-- lll__- Water __l__l__ No Interaction/Inter-relationships ~ .___ ~ _ _ - - L.- __ __ . ---

ovement of significant quantities of soil from one area of anoth n affect the appearance of the landscape. This will be Decessary a rt of the construction when material is removed from th nstruction zone.

I__ I.---_--.-I_--" --_I-- - - - - inot impact on the fauna and flora of the area as the ss and dislocation due to the proposed scheme.

20

- . -_-i_.....I-._-__._.. -_I._I-

h a t e r During construction there is a minor risk of disturbance of drainagi channels need special precautions to avoid disturbance of sediment: with consequent effects on fauna. - -.

I- Soils tabilisation methods for soft soil area could alter the pH balance witt of fauna supported. /

I

1 L"

Climate No Interactions/Inter-relationships

Material Assets Land take will cause some local loss of range area for terrestrial fauna

i .- ;oils deterioration of water quality o

Foils Human Beings Dust from exposed soils durin,#%e construction period can cause dusl nuisance if not properly m i t i l e d .

Extraction, movet&&$nd placing of soils will have an energy inpul '$3; t$; , .

Material Assets {a'. .'v

requirement. ,."'$ I .

,.Q :\"

.G- * ----____ Human Beings No intey\7d2ioP1s/Inter-relationships . ,

. , .. h a t e

lMaterial Assets No \de@&ons/lnter-relationships '.

Human Beings &&rrent land-use will be perrnanently&ered including . . the loss 01

-$?I

* ,. . . \-

Lo

cological habitat and farmland.

,A

. I

.. . 1 ............................................ ... : .... ... :e L .......................... ..... ..... ". '

. I . I

I have considered the interaction between the factors referred to in parts 1-7 above and the interaction of the likely effects identified (as well as cumulative impacts with other developments in the vicinity of the activity). The mitigation measures identified above to address individual factors will also address any potential significant interactions.

I am satisfied that the proposed mitigation measures are adequate. I do not consider that the interactions identified are likely to cause or exacerbate any potentially significant environmental effects of the activity. The RD includes conditions as considered appropriate to key interactions associated with the licensable activity. ,

Overall Conclusion on Environmental Impact Assessment 1

I consider that having examined the relevant documents and on foot of the assessment carried out throughout this Inspector's Report that .the likely significant direct and indirect effects of the activity have been identified, described and assessed in an appropriate manner as required in Article 3 and in accordance with

Articles 4 to 11 of the EIA Directive, as respects the matters that come within the functions of the Agency.

It is considered that the mitigation measures as proposed and the licence conditions included in the RD will adequately control any likely significant environmental effects from the activity (the rearing of 106,000 broilers).

I t is also considered that the proposed activity, if managed, operated and controlled in accordance with the licence conditions included in the RD will not result in a significant detrimental impact on the environment.

I

13.Cross Office Liaison

Extensive communication has taken place between the Environmental Licensing Programme (ELP) and the Ofice of Environmental Enforcement (OEE) in relation to licensing of the poultry sector. Advice and guidance issued by the OEE co-ordinated Intensive Agricultural Sectoral Working Group was followed in the assessment of this application .

14. Fit & Proper Person Assessment

The Fit & Proper Person test requires three elements of examination, technical ability, legal standing, and financial standing.

The applicant, Mr. Nigel Flynn, is the landowner and operator of this installation. He is an experienced poultry farm operator and currently holds an I E licence for poultry rearing since 13/07/2012 and is therefore considered to have appropriate technical ability.

The licensed installation has no history of incidents or legal infringements with regard to the effect of the existing poultry farm on the local environment. The applicant has supplied a declaration confirming that he has the financial ability to meet any liabilities associated with the activity.

Due to the nature of the activity, poultry rearing, it is not likely to lead to significant environmental liabilities. It is my view that the applicant can be deemed a Fit and Proper Person for the purpose of this licence.

. 8

15.Compliance Record

There have been no significant compliance issues raised a t this site since Licence Reg. No. PO926-01 was granted.

16.Site Visit I

A site visit was conducted on the 26th May 2014 by the OEE. Based on this visit and the information provided by the applicant and the Planning Authority, I am satisfied that a further site visit is not required.

17.Submissions

One valid submission was received in relation to this I E licence review application which is detailed below. This submission was taken into consideration during the preparation of the RD.

22

Health Services Executive

The Agency received a submission on the 12th August 2014 from Ms Claire O’Dwyer, Acting Principal Environmental Health Officer, Health Services Executive, which enclosed a report from Mr. Barry Coady, Environmental Health Officer. The report is based on a site visit and available documents which are relevant to the HSE. The report makes 9 comments in relation to the licence application and EIS. The issues raised are outlined below:

(i) Submission Point: Manure

Currently all manure is collected by the contractor C.L.R. Co-op Ltd (T/A Poultry Manure Supplies) located a t Mount Louise, Smithboro, Co. Monaghan who removes the manure to be used in the manufacture of mushroom compost at various compost yards throughout the country. There is a suitable storage area for manure however no manure is currently stored on site. The current arrangement is to continue.with the new development.

Response: > .

The submission point has been noted. The RD includes conditions for the control and management of manure on-site. The RD requires that the licensee shall ensure that all manure generated on-site is stored in a manner which does not pollute ground or surface waters.

The RD requires that any recovery/disposal of manure shall take place only by methods agreed in advance by the Agency and a t agreed recovery/disposal facilities which have appropriate authorisation. The RD provides for use of manure as fertiliser by farmers.

The RD also requires that in cases where there is a transfer of manure from the installation to storage provided by the recipient that it is contained in a purpose built holding structure, adequate for the protection of groundwater and surface water.

(ii) Submission Point: Soiled Water

Currently, soiled water is collected form the two existing houses in soiled water tanks located at the lower end of each poultry house. The soiled water from the ya,rd wash down is collected in a soiled water tank beside the manure storage shed a t the lower end of the yard. There is a natural fall and gully in the concrete yard which drains both soiled water during cleaning to the soiled water tank and clean surface water to a field drain. Both outlets are located beside the soiled water tank.

When cleaning is in progress the clean surface water outlet is blocked off to allow soiled water to drain to the tank and vice versa when cleaning is complete the soiled water tank is blocked off to allow drainage of clean surface water to the field drain. The applicant stated that if the tanks are getting full he mixes the soiled water into the cattle slurry tank and it is spread on the family land surrounding the site in accordance with the Nitrates Directive and his nutrient management plan. There is however no high level monitors on the tanks. I f the tanks were to overflow it may adversely affect the water quality in the water course directly to the north<of the site.

23

It is recommended that all soiled water tanks including the tank associated with the new development have high level monitors installed.

I n regard to the new development the applicant must be aware that the following applies to all poultry manure and wash-water storage structures whether or not on the site of the unit:

0 A minimum of six months storage capacity dedicated to the unit is required. All construction work should be certified by a chartered engineer as having been constructed according to S I 08 or SI 23 as appropriate, (DAFF, 1987 and 1994). Where the poultry manure storage structures are constructed to another design specification, then both the design specification and the subsequent construction work should be certified by a chartered engineer as being suitable for the task and comparable to the Department of Agriculture, Food and Forestry specifications.

0 ,All storage tanks should be inspected by a chartered engineer and certified as structurally sound for the purpose they were intended subsequent to construction and a t appropriate intervals thereafter. Leak detection facilities based on inspection chambers and perimeter wall and under floor drains should be provided as appropriate.

0

ResDonse:

Wash water from the activity is currently collected and stored in three concrete wash water collection tanks which have capacity for 20m3. The proposed development includes the installation of a 10,000 gal precast wash water tank bringing overall capacity to 65m3.

The RD requires that a freeboard of at least 200 mm from the top of each covered washwater storage tanks and 300 mm from the top of uncovered washwater storage tanks is maintained, as a minimum, a t all times. The required freeboard shall be clearly indicated in the tank.

The RD requires that the washwater storage tanks shall be fitted with high level indicators within twelve months of the date of grant of this licence. The RD requires that the integrity and water tightness of all bunding structures and containers and their resistance to penetration by water or other materials carried or stored therein shall be tested and demonstrated by the licensee within 12 months of the date of grant of this licence. This testing shall be carried out a t least once every three years thereafter.

The RD includes conditions for the control and management of manure including soiled water on-site. The applicant has demonstrated that there is sufficient land capacity to use as fertiliser the soiled water generated by the activity. Landspreading is controlled by S.I. 31 of 2014 and the competent authorities for S.I. 31 of 2014 are the Department of Agriculture, Food and the Marine and Local Authorities.

The record of organic fertiliser movements off-site shall be maintained on-site and the record submitted to DAFM annually in accordance with S.I. 31 of 2014.

The RD requires that all manure (including soiled water/ wash water) generated on- site is stored in a manner which does not pollute ground or surface waters.

24

(iii) Submission Point: Surface Water

Storm water and surface water is generated from roofs of the poultry units and yard respectively. Storm water is drained by natural means from the roofs of the existing poultry house and the proposed new development to a suitable stone drainage system and then to discharge points in a land drain. The surface water associated with the yard in front of the existing poultry houses is drained to a separate collection point and then discharged to a land drain. However, the means in which the surface water is drained to the collection point across the open concrete yard exposes the possibility of this surface water becoming contaminated particularly in circumstances where the chicken houses are being cleaned out during wet weather.

The HSE express concerns as to the cleanliness of the surface water emanating from the yard which is directed to this outlet, which is to the North of the site and flows in a westward direction to Tirnahinch Lough. There is currently no surface water quality monitoring scheme in place to determine water quality a t this discharge point or indeed any discharge point. The EIS report states that the new development will have no adverse impact on Tirnahinch Lough or its waters however this is impossible to determine as the discharge points are currently not tested to determine water quality. It is recommended that a surface water quality monitoring scheme is put in place as per licence. Periodic water quality monitoring of relevant parameters as per licence.

Response:

The conditions and schedules of the RD address and include requirements regarding monitoring and control of surface water emissions to surface water bodies. The only discharges to water authorised in the RD are for storm water which is defined as 'rain water run-off from roof and non-process areas'. The RD requires that there are no unauthorised discharges of polluting matter to water. The only discharge from the site to surface waters will be the discharge of rainwater from roofs and clean yards to field drainage, which flows north to the adjacent watercourse (Cavan 36 stream) which flows to the River Finn.

The licensee shall ensure that all washwater generated is directed to the washwater storage tanks.

The RD requires the provision and maintenance of an inspection chamber a t the outlets of the surface water drainage system. The RD also requires the clear labelling and provision of safe and permanent access to all on-site sampling and monitoring points.

The RD requires visual inspection of storm water emission points on a weekly basis as well as BODICOD monitoring as required by the Agency.

The RD requires that all manure (including soiled water/ wash water) generated on- site is stored in a manner which does not pollute ground or surface waters.

The RD also requires that the licensee shall ensure that all washwater generated is directed to the washwater storage tanks. I n addition, the licensee is required to assess the need to install automatic diversion of wash water for collection.

25

(iv) Submission Point: Well

There is one deep bored well on the site. This well supplies drinking water to the applicants dwelling and family dwellings. It also supplies water to the excising poultry houses and will be used to supply water to the new development. The well water does not undergo any treatment process. Potable water supplies must comply with quality parameters of Drinking Water Regulations 2014. As per the BATNEEC Guidance it is recommended that regular testing, a t least once a year, of the water supply, is undertaken by the applicant.

It is also recommended that a groundwater protection plan be drawn up to address but not be limited to the following for wells used for human consumption:

-details of water source -details of bedrock -details of overburden -vulnerability of the borehole -groundwater flows and gradient -inner and outer zones of protection -details and assessment of land use -current activities and past activities in the source protection zones. There has been some site works conducted around the well head. The applicant has informed the HSE that he intends to cover the well head with a suitable manhole cover at ground level.

It is recommended that the applicant ensure that the manhole cover is above surrounding ground level to ensure surface water run off does not penetrate the well head and that the area is not prone to flooding. -

Response:

The applicant has confirmed that water for the site is acquired from a private onsite well. Estimated water use will be approx. 5,194 m3 per annum for the licensable activity. Schedule C 6.1 Groundwater Monitoring of the RD requires groundwater monitoring to be carried out annually for Nitrate, Total Ammonia, Faecal Coliforms. The RD also requires groundwater monitoring for relevant hazardous substances every five years.

Groundwater Protection Schemes / Plans are under the remit of the local authorities. The compliance of any water stored / treated on-site with Drinking Water Regulations is outside the scope of the licensing process, and is under,the remit of the Local Authority and / or responsibility of the applicant.

The RD also requires that all wellheads be adequately protected to prevent contamination or physical damage. It is considered that the conditions included in the RD adequately address the emissions associated with the activity.

? .

(v) Submission Point: Oil Storaqe Tank

The EIS states under Pollutants and Waste (14.9) that all fuels or chemicals kept on site will be stored in bunded containers. The current facilities for oil storage are not bunded. The oil tank is located in an area which has the potential to cause

26

substantial pollution to ground water courses and to contaminate land if a leak should occur.

It is recommended therefore that the applicant is advised that in accordance with Batneec Guidance oil storage tanks on site should be placed on impervious bases and shall be located within oil tight bunds, capable of holding 110% of the volume of the largest tank within the bund. The fill and draw pipes shall be enclosed within the bund.

Response:

The RD includes requirements for bunding and storage of materials as well as requirements for accident/incident prevention which will minimise the potential for spillages that could impact on groundwater. Condition 3.3 of the RD specifies the requirements of bunding and storage of materials.

The RD requires that the integrity and water tightness of all bunding structures and containers and their resistance to penetration by water or other materials carried or stored therein shall be tested and demonstrated by the licensee within 12 months of the date of grant of this licence. This testing shall be carried out a t least once every three years thereafter.

I n addition, the RD clearly states that there shall be no unauthorised discharge of polluting matter to water.

The RD requires that relevant hazardous substances are monitored in soil every 10 years and groundwater every five years, in accordance with the requirements of the IED.

(vi) Submission Point: Waste

There is adequate storage facilities provided for the storage of dead bird carcasses on site. The HSE was informed by the applicant that the carcasses are removed every three weeks, or more often if necessary, by Comagh Transport, Gortnaleck, Ballyconnell Co. Cavan. This arrangement is to continue after the new facility commences.

Response: ?

The RD requires that animal tissue or carcasses stored on-site pending disposal shall be placed in covered, leak-proof containers and shall a t a minimum be removed fortnightly.

The RD requires that waste shall be stored in designated areas, protected as may be appropriate against spillage and leachate run-off. The waste shall be clearly labelled and appropriately segregated.

The RD also requires that waste sent off site is transported and recovered/disposed in accordance with National and European Legislation and requires maintenance of records on matters relating to the waste management operations and practices a t this site.

27

( v i ) Submission Point: Odour

I n the Non-Technical Summary (2.0) part of the EIS, it incorrectly states that the nearest dwelling, excluding family dwellings, is approximately 250m from the site and in the Odour (9.2) part of the EIS it conflictingly states that the nearest dwelling is 450m other than family dwellings. Non-family dwellings approximately 150m from the site were observed during the site visit. Batneec Guidance dictates that a distance of 400m is preferable from neighbouring dwellings. The applicant stated that the persons living in these dwellings have not made any complaints regarding odour or noise nor has this office received any odour or noise complaints regarding this facility.

I n addition the proposed new development is a t a greater distance from the said dwellings than the existing poultry houses. Emissions to atmosphere from this farm include normal respiration gases and odours emitted from the houses and from the manure. Increased emissions may at times be associated with the loading of poultry manure from the existing poultry units and the proposed new development once every 6- 8 weeks for around 4 hours per-house. A t the time of the site visit odour levels appeared acceptable for this type of farming activity.

It is recommended however that the applicant monitor odour closely particularly when the new development becomes active.

$

ResDonse:

Based on a review of aerial images of the area as well as information provided by the applicant, there are two residential dwellings, one lying approximately 140m from the installation boundary to the north west and one approximately 150m south east of the installation boundary.

It is noted that the HSE has not received any complaints in relation to odour associated with the installation. The RD requires that amenities, the environment and any legitimate uses of the environment beyond the installation boundary shall not be impaired or interfered with by emissions, including odour and dust, arising from the activity. The licensee will also be required to prepare and implement an Odour Management Programme, with the agreement of the Agency, and this programme will be reviewed and submitted annually as part of the Annual Environmental Report (AER) for this activity.

( v i ) Submission Point: Noise I .

The site is located in a rural environment. B.A.T. specifies the standard noise emission limit values of 55 (daytime) and 45 (night time) dB(A) a t any noise sensitive location. The applicant should be made aware of this in light of the proposed new development considering the close proximity of neighbouring dwellings. This office has not received any noise complaints regarding this facility. A t the time of the site visit noise levels appeared acceptable for this type of farming activity.

It is recommended however that the applicant monitor noise closely particularly when the new development becomes active.

28

ResDonse:

The RD requires compliance with standard noise . . conditions and emission limit values.

(ix) Submission Point: Pest control

Pest control measures are carried out by the applicant. A visual inspection of the bait boxes was carried out. The boxes were in good condition, well baited and located a t regular intervals around the houses. Records of pest control measures are maintained by the applicant. The applicant plans to apply the same pest control measures to the new development.

It is recommended that the applicant continue to maintain records of the pest control measures for the new development.

Response:

The RD requires that vermin, flies and/or dust, associated with the activity do not result in an impairment of, or an interference with, amenities or the environment at the installation or beyond the installation boundary. The installation has a vermin control programme in place in line with the requirements of Bord Bia and Department of Agriculture, Food and Marine.

The RD requires that bird carcasses and related waste are stored in covered, leak- proof containers, so that pests/vermin are not attracted to the area.

'1 18.Recommended Determination (RD)

I n preparing this report and the Recommended Determination I have consulted with Agency technical and sectoral advisors as appropriate. The RD permits the applicant to operate the poultry rearing activity in accordance with EPA Acts 1992, as amended and the IED Directive (2010/75/EC). The RD gives effect to the requirements of the EPA Act 1992, as amended. The RD has regard to all submissions received.

,I i I

' I I

'Y 19. Charges I

; The annual charge included in the RD is €2,566.20, which is considered appropriate to cover the costs associated with the enforcement of the RD.

20. Recommendation

I recommend that a Proposed Determination be issued subject to the conditions and for the reasons as drafted in the RD.

Signed

Michael McDonagh

29

Procedural Note

I n the event that no objections are received to the Proposed Determination of the application, a licence will be granted in accordance with Section 87(4) of the Environmental Protection Agency Act 1992 as amended as soon as may be after the expiration of the appropriate period.

I .

" .'

, . . I

. -

.. . , .

30