Comhairle Contac Thiobraid Arann Thuaidh North Tipperary County Council

Transcription

1 Comhairle Contac Thiobraid Arann Thuaidh North Tipperary County Council vow WASTE MANAGEMENT ACTS 1996 TO 2008 WASTE MANAGEMENT (FACILITY PERMIT & REGISTRATION) REGULATIONS 2007 (AS AMENDED) NOTIFICATION OF GRANT OF TRANSFER OF WASTE FACILITY PERMIT To: Midland Scrap Metal Co Ltd, File Refs. WFP-TN T/A MSM Recycling Ltd WFP-TN Unit 41 Cookstown Industrial Estate, Tallaght Dublin 24, North Tipperary County Council has by Order dated 21" November, 2012 decided to Grant the transfer of a Waste Facility Permit for a site at Annagh, Birr, Co Tipperary from Mr Patrick Morris to Midland Scrap Metal Co. Ltd T/A MSM Recycling Ltd., in accordance with an application received from Mr Patrick Morris and Midland Scrap Metal Co. Ltd T/A MSM Recycling Ltd on 24th August The Permit, reference WFP-TN , which was granted on 25t1 October 2011, is valid for a period of 5 years, will expire on 24th October 2016, and is subject to reasons and conditions Nos. 1-9 as set out on pages 2-38 attached. North Tipperary County Council may at any time review and subsequently amend conditions of, revoke this permit. Signed for Director of Services North Tipperary County Council, Civic Offices, Limerick Road, Nenagh, Co. Tipperary.

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3 Waste Management (End-of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006) prior to acceptance at the scrap metal facility, and as appropriate, (3) WEEE shall be subject to appropriate treatment and recovery in accordance with the provisions of Articles 20, 21 and 22 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005) prior to acceptance at the scrap metal facility. Class 9: Class 12: The reception, temporary storage and recovery of used batteries and accumulators where- (a) from 26 September 2008, the treatment and recycling of used batteries and accumulators meets the requirements of article 12 of Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and (b) the annual intake shall not exceed 1,000 tonnes. The collection and storage (including the temporary storage) and the appropriate treatment and recovery of end-of-life vehicles in accordance with the provisions of Articles 14 and 15 of the Waste Management (End-of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006) It is the responsibility of the permit holder "Midland Scrap Metal Co. Ltd., T/a MSM Recycling Ltd." to ensure that the permitted waste activities are carried on in accordance with the General Conditions specified in the Regulations, and the Schedule of Conditions attached herein. The General Conditions specified in the Regulations are as follows: (a) The activity concerned shall not cause, or be likely to cause, environmental pollution. (b) Any emissions from the activity concerned will not result in the contravention of any relevant standard, including any standard for an environmental medium, or any relevant emission limit value, prescribed under any enactment. (c) The best available technology will be used to prevent or eliminate or, where that is not practicable, to limit, abate or reduce any emission from the activity concerned. NOTE: GRANTING OF THIS PERMIT, AND ANY CONDITION IMPOSED BY IT, DOES NOT EXEMPT THE HOLDER OF THE PERMIT FROM COMPLYING WITH THE STATUTORY OBLIGATIONS OF ANY OTHER RELEVANT LEGISLATION, INCLUDING WATER POLLUTION, AIR POLLUTION, WASTE, LITTER, ENVIRONMENTAL HEALTH AND SAFETY, OCCUPATIONAL HEALTH & SAFETY, TRAFFIC, RoADs AND PLANNING LEGISLATION. Transfer of Waste Facility Permit Ref No. WFP-TN-1I & WFP-77V Patrick Morris to Midland Scrap Metal Co. Ltd. Page of 39

4 INTERPRETATION Act The Waste Management Acts 1996 to 2008 AER Agreed Agreement Application Annually BATNEEC Bund Annual Environmental Report. Agreed in writing. Agreement in writing. The application by the permit holder for this waste permit, including any other material submitted to North Tipperary County Council in writing by the permit holder between the date of the application and the date of grant of this permit. All or part of a period of twelve consecutive months. Best Available Technology Not Entailing Excessive Cost as defined in section 5 (2) of the Act. A structure to provide containment for any loss of liquid from a storage tank and associated pipe work. The Agency's Landfill Design Manual sets forth design criteria. Commercial waste As defined in Section 5 (1) of the Waste Management Acts 1996 to 2008 Containment boom A boom which can contain a spillage and prevent it from entering drains or Day Daily Disposal watercourses A period from 0000 hours to 2400 hours. Consecutive 24 hour periods Any of the activities provided for in Section 4 of the Act and listed in the Third Schedule thereof. Emission EMP As defined in Section 5(1) of the Act. Environmental Management Programme. Emission Limit Value Those limits, including concentration limits or deposition limits, contained in Schedule G Environmental Pollution As defined in Section 5 (1) of the Waste Management Act 1996 EWC European Waste Catalogue - As defined in Section 5(1) of the Act. A harmonised, non-exhaustive list of wastes drawn up by the European Commission and Published as Commission Decision 94/2/EC and any subsequent amendment published in the Official Journal of the European Community. Transfer of Waste Facility Permit Ref. No. WFP-TN & WFP-TN Patrick Morris to Midland Scrap Metal Co. Ltd. Page 4 of 39

5 ELV End of life vehicle. A vehicle having the meaning as such, as described in the European Waste Catalogue and Hazardous Waste List for the time being in force. Hazardous Waste As defined in Section 4(2) of the Act Impulsive Noise As defined in British Standard BS 4142, 1990 "Method for rating industrial noise affecting mixed residential and industrial areas". Industrial waste As defined in Section 5 (1) of the Waste Management Acts 1996 to 2008 Local Authority North Tipperary County Council. Maintain Permit Liquid Waste Monthly Night-time Noise Sensitive Location Permit Holder Recycling Recovery The Agency Keep in a fit state, including such regular inspection, servicing and repair as may be necessary to adequately perform its function. A Waste Facility Permit issued in accordance with the Waste Management (Facility Permit and Registration) Regulations, 2007, as amended. Any waste in liquid form and containing less than 20% dry matter. At least 12 times per year, once during each calendar month hours to 0800 hours. Any dwelling house, hotel or hostel, health building, educational establishment, place of worship or entertainment, or any other facility or area of high amenity which for its proper enjoyment requires the absence of noise at nuisance levels. Midland Scrap Metal Co. Ltd.,T/a MSM Recycling Ltd. As defined in Section 5(1) of the Act. Any of the activities provided for in Section 4 of the Act and listed in the Fourth Schedule thereof. Environmental Protection Agency. Vehicle A mechanically propelled vehicle, as defined in the Road Traffic Act Waste Waste Oil As defined in Section 4 (1) of the Act. Any mineral based lubricating or industrial oils which have become waste. This includes all waste engine, gear, hydraulic, turbine or lubricating oils, ships oils slops, oil wastes from tank and interceptor cleaning activities. Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-TN-1I Patrick Morris to Midland Scrap Metal Co. Ltd. Page 5of39

6 CONDITION 1: SCOPE :1 1.1 This Waste Facility Permit is issued under the Waste Management (Facility Permit and Registration) Regulations, 2007, as amended, to Midland Scrap Metal Co. Ltd., T/a MSM Recycling Ltd. in respect of the facility at Annagh, Birr, Co. Tipperary. 1.2 This Waste Facility Permit shall be valid for a period not exceeding 5 years from the date of grant of the original Permit, i.e. 25th October, 2011, save when North Tipperary County Council at its sole discretion suspends, reviews, or revokes the permit. 1.3 The waste activities shall be confined to the area outlined in the site plan received dated 17th June 2011 and as detailed in letter dated 3rd October 2011 and shall take place only as specified in the application, as modified and/or controlled by the terms of this permit. Copy of site map attached. 1.4 Collection and storage (including temporary storage) and treatment of end-of-life vehicles shall only be carried out at the facility if it meets the minimum standards as set out in the Second Schedule of the Waste Management (End-of-Life Vehicles) Regulations 2006 (S.I. No. 208 of 2006) and have due regard to the provisions of articles 14 and 15 of the Waste Management (End-of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006). 1.5 This permit is non transferable to any person, concern or premises except in accordance with the provisions of Article 27(1) of the Regulations. 1.6 No alteration to, or reconstruction in respect of, the activity or any part thereof which would, or is likely to, result in (i) a material change or increase in: The nature or quantity of any emission, The abatement/treatment or recovery systems, The range of processes to be carried out, or (ii) any changes in: Site management, Infrastructure, control with adverse environmental significance, shall be carried out or commenced without prior notice to, and without the agreement of, the Environment Department, North Tipperary County Council. 1.7 The Permit Holder shall be responsible for ensuring that the waste activities shall be controlled, operated and maintained in strict accordance with the terms of the application as modified and/or controlled by the conditions attached to this permit. The Permit Holder shall establish procedures to ensure that corrective action is taken should any condition of this permit not be complied with. North Tipperary County Council shall be notified immediately of any such breach by telephone, fax or and full details shall be forwarded in writing on the next working day. Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-77V Patrick Morris to Midland Scrap Metal Co. Ltd. Page 6 of 39

7 1.8 Where North Tipperary County Council considers that a non-compliance with the conditions of this permit has occurred, it may serve a notice on the permit holder specifying that the permit holder shall comply with the requirements of the notice as set down therein, within any time-scale contained in the notice. A notice under this condition shall be sent by registered post to the applicant at its registered office and will be deemed received three days after posting. The permit shall be suspended from the date specified on the notice until such suspension is lifted on rectification of breach of conditions. No waste shall be accepted at the site until written confirmation and authorisation is received from North Tipperary County Council. 1.9 The permit holder shall comply with the Certificates of Destruction - Operational Guidelines for Authorised Treatment Facilities. See Appendix I In operating the storage and recovery activity at the site which is the subject of this permit, the Permit Holder will obtain the following insurance A Public Liability Policy in the name of the Permit Holder in relation to the operation of the facility and extended to indemnify North Tipperary County Council The Permit Holder must submit details of the above insurance to North Tipperary County Council for approval within 2 months of the date of grant of this permit The permit holder shall give notice in writing to the Local Authority of any changes in the information e.g. change of company name, change of landowner name, change of address etc furnished in the application for the permit. Such notice shall be given within three weeks of any such change arising. REASON: To clarify the scope of this Waste Facility Permit. Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-TN Patrick Morris to Midland Scrap Metal Co. Ltd. Page 7of39

8 CONDITION 2: MANAGEMENT OF THE ACTIVITY 2.1 The permit holder shall acquaint all staff, employees, lessees and agents, including replacement personnel, of the provisions and conditions of this permit. Written records of staff training etc shall be 2.2 A copy of the permit and conditions shall be kept on site at all times. 2.3 The site shall be adequately manned and supervised at all times. It shall be maintained to the satisfaction of North Tipperary County Council, and adequate precautions shall be taken to prevent unauthorised access to the site. A suitable Environmental Management Programme shall be in place at the facility. 2.4 Waste shall only be accepted and processed at the site in accordance with the terms and conditions of this permit and shall be carried out in such a manner as to display due regard to the residents in the immediate vicinity and surrounding environment. 2.5 Waste shall only be accepted and waste related operations on site shall only take place between the hours of 8.00a.m. and 6.00p.m., Monday to Friday and 8.00am and 1.00pm Saturday (excluding Bank and National Holidays). 2.6 The Permit holder shall notify the following to North Tipperary County Council in writing within one week on receipt of permit: (a) The name of the person on site nominated by them who has responsibility for the implementation of the Waste Regulations and the name of his/her deputy. (b) The name, address and telephone number of the person nominated by them to provide 24 hour call out in the case of an emergency. (c) Confirmation of acceptance of all the conditions attached to the permit. 2.7 The Permit Holder shall provide and maintain a substantial site notice board at the entrance to the facility. This notice must clearly show: (a) The name and address of the facility and permit holder (b) The Waste Facility Permit number and date of grant of the permit (c) The opening hours of the facility (d) Description of the activity involved. 2.8 The permit holder shall notify North Tipperary County Council by both telephone ( ) and (environment@northtippcoco.ie ) immediately after the occurrence of any incident with the potential for environmental contamination of surface water or ground water, or requiring an emergency response by North Tipperary County Council. REASON: To make provision for the proper management of the activity. Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-TN-Jl Patrick Morris to Midland Scrap Metal Co. Ltd. Page 8of39

9 CONDITION 3: NOTIFICATION AND RECORD KEEPING 3.1 All communications with North Tipperary County Council shall be addressed to: Director of Service Environment Section North Tipperary County Council Civic Offices Limerick Road Nenagh Telephone Number (normal working hours) environmentnorthtippcoco.ie Fax Number: The permit holder shall maintain a register of the following records on the site: (a) the quantities and composition of wastes received at the site. (b) the quantities and composition of wastes rejected at the site and details of where these wastes were forwarded to (c) the dates and times of all waste deliveries to the site. (d) the names of the carriers and the vehicle registration numbers. (e) the origin of each delivery of waste. (f) Waste Collection Permit details of all vehicles entering and exiting the site. (g) Destination of all waste being moved from the site. (h) the Certificates of destruction for each end-of-life vehicle depolluted on-site. 3.3 The permit holder shall maintain a register detailing the quantity, composition and destination of the waste removed, date and name of any person removing the waste from the premises at Annagh, Birr, Co. Tipperary and the name and location of the off-site treatment and disposal of the waste. 3.4 The permit holder shall immediately notify the Environment Section, North Tipperary County Council, of any incident that occurs as a result of the activity on the site, and which: (a) has the potential for environmental contamination of surface water or ground water, (b) poses an environmental threat to air or land, or (c) requires an emergency response by North Tipperary County Council. Full details shall be forwarded in writing on the next working day. The permit holder shall include as part of the notification: - the date and time of the incident - details of the incident and circumstances giving rise to it - an evaluation of environmental pollution caused, if any - actions taken to minimise the effect on the environment - steps taken to avoid reoccurrence - any other remedial action taken. The permit holder shall maintain a register of any such incident on the site. 3.5 The Permit Holder shall maintain on the site a register of all complaints received relating to the operation of the activity. Each such record should give details of the following: of Waste Facility Permit Ref No. WFP-TN & WFP-77V Patrick Morris to Midland Scrap Metal Co. Ltd. Page 9 of 39

10 - time and date of the complaint - the name of the complainant - details of the nature of the complaint - actions taken to deal with the complaint and the results of such actions - the response made to each complainant - remedial measures taken to prevent incident recurring North Tipperary County Council shall be immediately notified after the receipt of the complaint and full details shall be forwarded in writing on the next working day. The Permit Holder shall make a record of any such complaint in a register to be maintained on the site. 3.6 The permit holder shall make all records maintained on the site available to North Tipperary County Council staff at all reasonable times, and shall provide any relevant information when so requested by an authorised officer of North Tipperary County Council. 3.7 The permit holder shall notify North Tipperary County Council in writing within 7 days of: - - The imposition of any requirement on the permit holder by order under Section 57 or 58 of the Waste Management Acts 1996 to 2008, or - Any conviction of the permit holder for an offence under the Waste Management Acts 3.8 The permit holder shall submit to North Tipperary County Council an Annual Environmental Report (AER) for the preceding calendar year or remainder of year in the case of the initial year of granting by no later than 28th February of each year. The report shall include the information contained in the registers described above and details of any impositions or convictions imposed under the Waste Management Acts, 1996 as amended together with details of: - (a) the management and staffing structure of the facility (b) quantity, composition and destination of all wastes accepted and disposed of at the facility during the previous month (c) details of any loads rejected at the facility during the year (d) reportable incidents (e) details of all complaints. In addition, the permit holder shall include in the report a written summary of compliance with all of the conditions attached to this permit, and the results of monitoring and analysis carried out on behalf of the permit holder of any water courses that runs through or adjacent to the site area, noise monitoring and dust monitoring connected with the activities carried out at the site. REASON: To provide for the notification of incidents, to update information on the activity and to provide for the keeping of proper records. Transfer of Waste Facility Permit Ref No. WFP-TN-1I & WFP-TN PatrickMorris to Midland Scrap Metal Co. Ltd. Page 10 of 39

11 CONDITION 4: WASTE ACCEPTANCE AND HANDLING 4.1 Only material which conforms to the wastes outlined in Schedule H shall be accepted and stored at the facility. Each waste indicates its corresponding EWC (European Waste Catalogue) Code. No other waste types are permitted at the facility. The permit holder shall ensure that adequate steps are taken to prevent acceptance of any other waste types. 4.2 Prior to acceptance on site, the permit holder shall ensure that all vehicles are inspected and free from the following materials: i) Domestic and household waste ii) C & D Waste iii) Commercial Waste iv) Any other materials not consistent with the normal components of a vehicle. 4.3 The annual quantity of waste material to be handled at the facility shall not exceed 13,200 tonnes, of which the quantity of ELVs handled per annum shall not exceed 6,500 tonnes. The maximum number of ELVs stored on site at any one time shall not exceed 750 whole depolluted vehicles or 1,000 baled depolluted ELVs. 4.4 In the event that the storage capacity is exceeded, the permit holder will be required to arrange for the removal of such material to an authorised facility with sufficient capacity. Such a breach will be considered an offence liable to legal proceedings. All costs associated with the removal works shall be borne by the permit holder. 4.5 All vehicles arriving at the facility shall be immediately stored on the designated quarantine area and subsequently be subject to a detailed inspection by an appropriately qualified person and shall be handled in accordance with the procedure submitted by the applicant dated 17th June, Vehicles shall not be removed from the quarantined area for storage elsewhere on site until the vehicle inspector (as set out above) is satisfied that the vehicle posses no environmental threat. A written record of the inspection of all vehicles moved from the quarantine area shall be kept onsite. Materials other than those permitted shall be removed immediately from the site. Such waste shall be disposed of (or recovered) at an alternative facility with an appropriate Waste Facility Permit or waste licence. 4.6 The permit holder shall ensure that adequate space is provided for the delivery, off-loading and storage of vehicles on the site. 4.7 The permit holder shall not allow any over-spill of waste outside the site perimeter, as outlined on the site plan submitted with the permit application. The access entrance and route within the site to the active tipping area must be in such a condition to minimise the possibility of waste materials encroaching on to the road outside the site entrance. 4.8 The Permit Holder shall ensure that all contractors and vehicles transporting vehicles to or from the site hold a current valid Waste Collection Permit from the relevant Local Authority in accordance with the Waste Management (Collection Permit) Regulations, 2007 as amended. A record must be maintained at the premises of all waste collection permit holders using the facility. Transfer of Waste Facility Permit Ref No. WFP-TN-1I & WFP-TN Patrick Morris to Midland Scrap Metal Co. Ltd. Page 11 of 39

12 4.9 The permit holder shall ensure that the activities shall be carried out in a manner such that nuisances do not result in significant impairment of or significant interference with amenities or the environment beyond the facility boundary Foul water only shall discharge to the onsite waste water treatment system. No substance shall be present in emissions to waste water treatment system in such concentrations as would constitute a danger to maintenance personnel working on the treatment system or as would be damaging to the fabric of the system or as would interfere with the biological functioning of a wastewater treatment system No emission to the onsite waste water treatment system shall take place which gives rise to any reaction within the system or to the liberation of by-products which may be of environmental significance. In particular the emission shall not contain any liquid matter (including petroleum spirits or organic solvents) or anything which is or may be liable to set or congeal at average system temperature or is capable of giving off any flammable or explosive gas or any acid, alkali or other substance in sufficient concentration to cause corrosion to sewer pipes, penstock and sewer fittings or the general integrity of the system. A summary report of emissions to the onsite waste water treatment system shall be submitted to North Tipperary County Council as part of the Annual Environmental Report (AER) No potentially polluting substances or matter shall be permitted to discharge to off-site surface waters or off-site storm drains. In the event that any analysis or observations made on the quality or appearance of surface water runoff should indicate that contamination has taken place the permit holder shall carry out an immediate investigation to identify and isolate the source of the contamination and to put in place measures to prevent further contamination of the environment. The applicant shall submit written certification, from a suitability competent person, that the onsite interceptor is Class 1 Full Retention and that it has been installed onsite as per manufacturer's specifications. The applicant shall put in place an agreement for the maintenance of this interceptor by a suitably qualified contractor, the contractor shall carry out a minimum of 4 site visits per annum. Details of this maintenance agreement together with the certification as mentioned above shall submitted to North Tipperary County Council within one month of the grant date of this permit. A summary report of the oil interceptor certification as mentioned above shall be submitted to North Tipperary County Council as part of the Annual Environmental Report (AER) The permit holder shall provide and maintain a digital CCTV system on site. It shall include the required number of CCTV cameras on the site, within 1 month of the grant of the permit, to allow the following: a) The cameras shall be positioned such that all vehicles entering the facility are recorded on at least 2 cameras. b) One of the cameras shall be positioned such that it views both the entrance to the facility and the other CCTV camera. c) The CCTV cameras shall record continuous time and date and all footage recorded shall be maintained on site for a period of 6 months. d) North Tipperary County Council shall have access to all recorded footage upon request. Transfer of Waste Facility Permit Ref No. WFP-77V & WFP-TN Patrick Morris to Midland Scrap Metal Co. Ltd. Page 12 of 39

13 e) The permit holder shall submit a copy of CCTV recordings to North Tipperary County Council on a monthly basis. REASON: To provide for the acceptance and management of wastes authorised under this Waste Facility Permit. Transfer of Waste Facility Permit Ref. No. WFP-TN & WFP-TN-I Patrick Morris to Midland Scrap Metal Co. Ltd. Page 13 of 39

14 CONDITION 5: NUISANCES, EMISSIONS AND ENVIRONMENTAL IMPACTS 5.1 The permit holder shall take adequate precautions to prevent undue noise, dust, grit, untidiness, visual impact and other nuisances on the site which would result in a significant impairment of, or a significant interference with, amenities or the environment beyond the site boundary. If unacceptable levels occur, the permit holder shall abide by North Tipperary County Council's abatement requirements, which may include immediate cessation of operations, monitoring, and mitigation measures. 5.2 The permit holder shall inspect the site perimeter on a continuous basis for the presence of litter and/or loose debris and shall remove all from the site and its environs. Written records shall be kept of such inspections. 5.3 The Permit Holder shall take adequate steps to ensure that no material of any sort can fall or be blown from vehicles delivering waste to the site. Vehicles delivering waste materials which are liable to shed must be covered. 5.4 The Permit Holder shall take adequate steps to ensure that vehicles entering or exiting the site do not deposit material of any sort onto the roadway or adjoining lands. The permit holder must ensure the availability of a road sweep at all times to minimise any hazard caused to road users outside the premises. 5.5 If in the opinion of the North Tipperary County Council Roads Department, damage is being caused to public roads being used to haul material to the site by the Permit Holder, employees, lessees and agents, they shall be empowered to verbally instruct the Permit Holder to cease using these haul roads and use alternative route(s) until the damage has been repaired to the satisfaction of North Tipperary County Council with the cost of repair reimbursed by the permit holder. 5.6 Dust suppression equipment must be available at all times in the event of excess dust emissions arising from operations carried out at the site. 5.7 The Permit Holder shall take adequate steps to minimise noise from the development and shall have regard to noise sensitive locations, in particular the nearest noise sensitive location. In addition, every effort should be made to reduce the clearly audible tonal component or impulsive component in the noise emission from the site at any noise sensitive location. 5.8 The Permit holder must ensure that there is no traffic queuing outside the entrance to the facility. 5.9 The Permit holder shall take adequate steps to deal with the storm-water run-off from the hardcore area adjacent to the quarantine area in order to protect the integrity of the oil interceptor during spells of heavy rainfall. The design and layout of these works shall be agreed with the Local Authority prior to commencement of works. Works shall be completed within one month of the date of grant of this permit. Transfer of Waste Facility Permit Ref. No. WFP-TN & WFP-TN-lJ Patrick Morris to Midland Scrap Metal Co. Ltd. Page 14 of 39

15 5.10 The permit holder shall inspect on a weekly basis the oil sump located beside the quarantine area and shall be cleaned/emptied as required. A written record of these inspections and maintenance works shall be kept on site and available for inspection by an authorised person at any given time. REASON: To prevent nuisances and other environmental impacts of Waste Facility Permit Ref. No. WFP-TN & WFP-TN Patrick Morris to Midland Scrap Metal Co. Ltd. Page 15 of 39

16 CONDITION 6: ENVIRONMENTAL MONITORING 6.1 Authorised officers of North Tipperary County Council shall have unrestricted access to the site at all reasonable times on production of identification for the purpose of their functions under the Waste Management Acts, 1996 to 2008 including such inspections, monitoring and investigations as are deemed necessary by North Tipperary County Council. 6.2 If required by North Tipperary County Council, the permit holder must carry out or have carried out on their behalf, monitoring and analysis to determine the effect and extent of any environmental hazard (if any) that has arisen. This will include any watercourse that may be in the vicinity of the site, the composition of the waste materials imported and any surface water which may run through or run off the site. 6.3 Dust suppression equipment must be available at all times to minimize the risk of excess dust generation during the works. A dust survey shall be carried out with a constant monitoring of the emissions. Dust monitoring shall use standard Bergerhoff Instrument Method or as agreed with Environment Department. Results to be expressed based on 30 day composite sample with results expressed as mg/m2/day. (Limit Value 350mg/m2/day.) Monitoring of PM 10, deposit dust, suspended particulate matter etc shall be carried out in accordance with Standard Method EN (CEN 1999) and reference made to the organic and inorganic fraction present. 6.4 The permit holder shall keep records of all monitoring carried out and shall retain such records for a minimum period of five years, unless otherwise specified herein. These records shall be available for inspection by authorised personnel. Any non-compliance with the terms of the permit shall be highlighted and the reason for the occurrence recorded, together with any remedial measures taken. 6.5 Copies of all environmental monitoring data obtained by the permit holder which relates to the facility shall be forwarded to North Tipperary County Council at the frequencies set out in Schedule D to this permit. 6.6 The permit holder shall carry out such monitoring at such locations and frequencies as set out in Schedule F: Monitoring and in the conditions of this permit. 6.7 The permit holder shall provide and maintain all sampling and monitoring points so that they may be used for the representative sampling and monitoring of emissions from the facility and shall provide safe and permanent access to all on-site and off-site sampling and monitoring points as required by North Tipperary County Council. 6.8 Monitoring and analysis equipment shall be operated and maintained in accordance with the manufacturers' instructions (if any) so that all monitoring results accurately reflect any emission or discharge or environmental parameter. 6.9 The permit holder shall amend the frequency, locations, methods and scope of monitoring, sampling, analyses and investigations only upon the written instruction of North Tipperary County Council and shall provide such information concerning such amendments as may be requested in writing by North Tipperary County Council. Such alterations shall be carried out within any timescale nominated by North Tipperary County Council. Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-77V Patrick Morris to Midland Scrap Metal Co. Ltd. Page 16 of 39

17 6.10 The permit holder shall install on all emission points such sampling points or equipment as may be required by North Tipperary County Council. All such equipment shall be consistent with the safe operation of all sampling and monitoring systems All tank and drum storage areas shall be rendered impervious to the materials stored therein. In addition, tank and drum storage areas shall be bunded either locally or remotely to a volume not less than 110% capacity of the largest tank or drum within the bunded area. All drainage from bunded areas shall be diverted for collection and safe disposal The integrity and water tightness of all bunded structures and their resistance to penetration by water or other materials stored therein shall be tested and demonstrated by the permit holder to the satisfaction of North Tipperary County Council. A report of these tests must be included in the AER An inspection for leaks on all flanges and valves on over-ground pipes used to transport materials other than water shall be carried out on a weekly basis. A record of such inspections shall be maintained on site The permit holder must have in storage an adequate supply of containment booms and or suitable absorbent material to contain and absorb any spillage The permit holder shall ensure any requested analysis by North Tipperary County Council will be carried out on their behalf by an accredited Environmental Consultant. It will be the function of North Tipperary County Council to assess the reports submitted. Emissions Noise and Vibration Emissions 6.16 Emissions from the activities shall be free from noise and vibration at levels likely to cause annoyance outside the site, as determined by North Tipperary County Council The operator shall: if notified by North Tipperary County Council that the activities are giving rise to annoyance outside the site due to noise and vibration, submit to North Tipperary County Council for approval within the period specified, a noise and vibration management plan; implement the approved noise and vibration management plan, from the date of approval, unless otherwise agreed in writing by North Tipperary County Council. Transfer of Waste Facility Permit Ref No. WFP-TN & WFP77V1I Patrick Morris to Midland Scrap Metal Co. Ltd. Page 17of39

18 6.18 Noise emissions from the facility shall not give rise to noise levels at noise sensitive locations in the vicinity of the activity in excess of: Daytime (08:00-20:00hours) db(a) LAeq(30mins) db(a) LAeg(30mins) - 55notel Night-time (20:00-08:00hours) and all times on Sundays and Bank holidays db(a) LAeg(30mins) - 45notel Note 1: There shall be no clearly audible tonal component, or impulsive component, in the noise emission from the facility at any noise sensitive location. The Permit Holder shall carry out a noise survey of the site operations if so requested by North Tipperary County Council. Air Pollution Control 6.19 The permit holder shall ensure that all operations on site shall be carried out in a manner such that air emissions and / or odours do not result in significant impairment of, or significant interference with, amenities or the environment beyond the site boundary If requested by North Tipperary County Council, the Permit Holder shall arrange to have ambient dust sampling carried out using standard method VDI2 119 (Measurement of Dustfall, Determination of Dustfall using Bergerhoff Instrument) Dust deposition levels shall not exceed 350mg/m2/day, determined by means of a 30-day composite sample, using the Bergerhoff method. Odour 6.22 Emissions from the activities shall be free from odour at levels likely to cause annoyance outside the site, as perceived by North Tipperary County Council, unless the operator has used appropriate measures, including those specified in any approved odour management plan, to prevent or where that is not practicable, to minimise, the odour The operator shall: If notified by North Tipperary County Council that the activities are giving rise to annoyance outside the site due to odour, submit to North Tipperary County Council for approval within the period specified, an odour management plan; Implement the approved odour management plan, from the date of approval, unless otherwise agreed in writing by North Tipperary County Council. Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-TN-I Patrick Morris to Midland Scrap Metal Co. Ltd. Page 18 of 39

19 Surface Water Emissions 6.24 The Permit Holder shall implement a monitoring programme for the surface water drainage system. Such monitoring shall, as a minimum, include those parameters and sampling periods as listed in Appendix F and shall be carried out at the discharge from the oil interceptor and any other monitoring location(s) as may be required by the Local Authority. The first samples shall be taken within 3 months of the date of this permit The Local Authority reserves the right to set Emission Limit Values for emissions to waters. In this permit any emission limit values set shall be interpreted in the following way: a) Discrete Sampling: no grab sample value shall exceed the emission limit value. For ph and temperature the emission limit value shall not deviate from the specified range. b) The Local Authority reserves the right to amend any parameter and/or emission limit values or add additional parameters and/or emission limit values as is considered necessary Monitoring and analysis equipment shall be operated and maintained as necessary so that monitoring accurately reflects the emission or discharge. Suitably qualified personnel shall undertake all monitoring and analysis The frequency, methods and scope of monitoring, sampling and analyses, as set out in this permit, may be amended with the agreement of the Local Authority following evaluation of test results The Permit Holder shall ensure that all storm water gutters are maintained in good condition. All uncontaminated roof storm water may be diverted to a separate soak-way/drainage system or other discharge system agreed with the Local Authority The Permit Holder shall visually inspect all oil interceptors and effluent holding tanks weekly. A record shall be maintained of inspections and any actions taken as per Condition No surface water generated on site shall be allowed flow onto the public road. Drainage 6.31 The permit holder shall be responsible for the maintenance and upkeep of any open ditches or drains at the facility and shall ensure that the waste activities at the facility shall be carried out in such a manner so as not to have an adverse affect on the drainage of adjacent lands, roads, watercourses, field drains or any other drainage system. The deposition of silt, caused by any operation at the facility, in any of the aforementioned watercourses, drains etc shall be deemed as an adverse effect. 632 No alterations to the drainage system at the facility shall be undertaken without prior written approval of the Local Authority. Transfer of Waste Facility Permit Ref No. WFP-Y7V-I & WFP-Y7V Patrick Morris to Midland Scrap Metal Co. Ltd. Page 19 of 39

20 6.33 All plant refuelling and any required plant maintenance shall be undertaken on the impermeable concrete surface with appropriate spillage collection controls. Pests 6.34 Scavenging animals, scavenging birds and other pests shall not cause nuisance. The operator shall use appropriate measures to prevent or where that is not practicable, to minimise, such nuisance. Other 6.35 The permit holder shall inspect the perimeter at least weekly, for the presence of litter and shall remove all litter from the facility and its environs without delay. The permit holder shall maintain a register of such inspections. See Appendix F for example register Neither waste activities nor any other works required as a condition of this permit shall be carried out in such a manner that is in contravention of any statutory obligations under the Wildlife Acts including those obligations providing for the conservation of protected species and the protection of birds. REASON To ensure compliance with the requirements of the conditions of this permit and to provide a satisfactory system of measurement & monitoring Transfer of Waste Facility Permit Ref. No. WFP-TN I & WFP-TN Patrick Morris to Mid/and Scrap Metal Co. Ltd. Page 20 of 39

21 CONDITION 7: CONTINGENCY ARRANGEMENTS 7.1 Adequate fire extinguishers and emergency response equipment shall be maintained on site. 7.2 The permit holder shall, within one month of the date of grant of this permit, submit a written Emergency Response Procedure (ERP) to North Tipperary County Council for its agreement. The ERP shall address any emergency situation which may originate at the facility and shall include provision for minimizing the effects of any emergency on the environment (Schedule B). 7.3 All relevant safety measures must be employed during the lifetime of the permit with strict compliance with all health and safety legislation. Special attention must be given to the overall operation of heavy machinery in the vicinity of any overhead electric cables. 7.4 The permit holder shall have in storage an adequate supply of containment booms and/or suitable absorbent material to contain and absorb any spillage at the facility. Once used the absorbent material shall be safely stored prior to disposal at an appropriate facility. A written record of the use and disposal of these items shall be maintained by the permit holder. 7.5 All significant spillages occurring at the facility shall be treated as an emergency and an incident, and immediately cleaned up and dealt with so as to alleviate their effects. 7.6 In the event that a significant risk is found to exist for the release of contaminated fire-water, the permit holder shall, based on the findings of the risk assessment, prepare and implement, with the agreement of North Tipperary County Council, a suitable risk management programme. The risk management programme shall be fully implemented within the timescale as notified in writing by North Tipperary County Council. I REASON: To provide for an emergency situation at the facility. I Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-TN Patrick Morris to Mid/and Scrap Metal Co. Ltd. Page 21 of 39

22 CONDITION 8: CHARGES AND FINANCIAL PROVISIONS 8.1 The permit holder shall pay to North Tipperary County Council an annual contribution of 1,250-00, or such sum as from time to time is determined, towards the cost of monitoring the activity as North Tipperary County Council considers necessary for the performance of its functions under the Waste Management (Facility Permit and Registration) Regulations 2007, as amended. This amount shall be paid to North Tipperary County Council within one month of the date of grant of this permit (Schedule D), and on an annual basis thereafter. 8.2 In the event of an incident occurring at the site which leads to the emission or release of hazardous materials or of waste which contains any of the properties outlined in Part III of the Second Schedule of the Waste Management Act, 1996, as amended, and which has a detrimental effect on the surrounding environment, or which is deemed to be so by authorised officers from North Tipperary County Council, pollution abatement and remediation measures must be taken. North Tipperary County Council may take these measures and their costs reimbursed by the permit holder. 8.3 The permit holder shall ensure the provision of the following insurance policies a) A public liability Policy in relation to the operation of the facility but extended to indemnify North Tipperary County Council. The limit of cover on any one accident shall be at least 6.3 million. b) The employer's liability policy in the name of the permit holder but extended to indemnify North Tipperary County Council. The limit cover on any one accident shall be at least 12.6 million. c) A third party Motor Insurance Policy on vehicles belonging to, under control of, or acting on behalf of the permit holder at the permitted facility, but extended to indemnify North Tipperary County Council. The limit of the indemnity on any one accident, incident or occurrence shall be at least 2.5 million. 8.4 The holder shall submit copies of the above insurance policies to North Tipperary County Council. The permit will be automatically revoked if any part of the insurance is either removed or not renewed. Evidence of renewal of all policies shall be required when (or if) this permit is renewed. 8.5 The Permit Holder shall indemnify North Tipperary County Council in respect of all claims, losses, or damages arising out of injury to any person or loss of or damage to any property whatsoever caused by or in connection with the operation and management of the facility. REASON: To provide for adequate financing for monitoring and measures to protect the environment. Transfer of Waste Facility Permit Ref. No. WFP-TN & WFP-77V Patrick Morris to Midland Scrap Metal Co. Ltd. Page 22 of 39

23 CONDITION 9: DECOMMISSIONING & AFTERCARE 9.1 Following termination, or planned cessation for a period greater than six months, of use or involvement of all or part of the site in the permitted activity, the permit holder shall, to the satisfaction of North Tipperary County Council, decommission, render safe or remove for disposal/recovery, any soil, subsoils, buildings, plant or equipment, or any waste, materials or substances or other matter contained therein or thereon, that may result in environmental pollution. The permit holder shall carry out such tests, investigation or submit certification, as requested by North Tipperary County Council, to confirm that there is no risk to the environment. REASON: To provide for decommissioning of the facility and aftercare of the site on which the facility is located. Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-TN Patrick Morris to Midland Scrap Metal Co. Ltd. Page 23 of 39

24 SCHEDULE A: Waste Activities Permitted Waste Recovery Activities in accordance with the Fourth Schedule of the Waste Management Acts 1996 to Class 3: Recycling or reclamation of metals and metal compounds. Class 4: Recycling or reclamation of other inorganic materials. Class 13: Storage of waste intended for submission to any activity referred to in a preceding paragraph of this Schedule, other than temporary storage, pending collection, on the premises where such waste is produced. Permitted Waste Activity in accordance with the Third Schedule, Part 1 of the Waste Management (Facility Permit and Registration) Regulations 2007, as amended. Class 2: Class 4: Class 9: The reception, storage (including temporary storage) and recovery of waste vehicles (other than end of life vehicles) having regard to the provisions of Articles 14 and 15 of the Waste Management (End-of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006) The reception, storage and recovery of scrap metal, including scrap metal arising from end-of-life vehicles, waste vehicles (other than end-of-life vehicles) and WEEE where scrap metal from (1) end-of-life vehicles shall be subject to appropriate treatment and recovery in accordance with the provisions of Articles 14 and 15 of the Waste Management (End-of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006) prior to acceptance at the scrap metal facility, and as appropriate, (2) waste vehicles (other than end-of-life vehicles) shall be subject to appropriate treatment and recovery having regard to the provisions of Articles 14 and 15 of the Waste Management (End-of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006) prior to acceptance at the scrap metal facility, and as appropriate, (3) WEEE shall be subject to appropriate treatment and recovery in accordance with the provisions of articles 20, 21 and 22 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005) prior to acceptance at the scrap metal facility. The reception, temporary storage and recovery of used batteries and accumulators where- (c) from 26 September 2008, the treatment and recycling of used batteries and accumulators meets the requirements of article 12 of Directive EC on batteries and accumulators and waste batteries and accumulators, and Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-77V Patrick Morris to Midland Scrap Metal Co. Ltd. Page 24 of 39

25 (d) the annual intake shall not exceed 1,000 tonnes. Class 12: The collection and storage (including the temporary storage) and the appropriate treatment and recovery of end-of-life vehicles in accordance with the provisions of Articles 14 and 15 of the Waste Management (End-of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006) Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-TN Patrick Morris to Midland Scrap Metal Co. Ltd. Page 25 of 39

26 SCHEDULE B: Content of the Environmental Management Programme Environmental Management Programme Timescale for achieving the Objectives and Targets listed in the Schedule of Objectives and Targets Designation of Responsibility for Achieving Targets and Objectives. Emergency Procedures. Other items as specified in writing by North Tipperary County Council. Transfer of Waste Facility Permit Ref. No. WFP-TN & WFP-TN Patrick Morris to Midland Scrap Metal Co. Ltd. Page 26 of 39

27 SCHEDULE C: Content of the Environmental Report Annual Environmental Report Content Reporting Period. Waste activities carried out at the facility. Quantity and Composition of waste received, disposed of and recovered during the reporting period and each previous year. Summary report on emissions (Certified results/data sheets to be attached as Appendices). Summary of results and interpretations of environmental monitoring (highlighting any non-compliances and mediatory actions),including a location plan of all monitoring locations. Resource and energy consumption summary. Report on development works undertaken during the reporting period and a timescale for those proposed for the coming year. Schedule of Environmental Objectives and Targets for the forthcoming year. Report on the progress towards achievement of the Environmental Objectives and Targets contained in the previous year's report. Full title and a written summary of any procedures developed by the permit holder in the year which relates to the facility operation. Drum, tank and bund testing annually Reported Incidents and Complaints summaries. Reports on financial provision made under this permit, management and staffing structure of the facility, and a programme for public information. Any other items specified by North Tipperary County Council. Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-77V Patrick Morris to Midland Scrap Metal Co. Ltd. Page 27 of 39

28 SCHEDULE D: Recording and Reporting to North Tipperary County Council Table D.1 Recurring Reports: Report Frequency Submission Date Note I Monitoring (i) Dust monitoring Annually One month after the completion of monitoring. Records of Incidents As they occur See Condition 3.4 Note 2 Environmental Management System Updates (i) Environmental Management Annually One month after the end of each year System being reported on from the date of grant of permit. (ii) Schedule of Objectives and Annually Targets (iii)environmental Management Programme (iv)annual Environmental Report Annually Annually Financial (i) Financial Provision as per Annually Within 1 Month of date of grant of permit Conditions 8.1 and annually thereafter. (i) Insurance details Within 2 months As outlined under Condition 8.3 Note 1: Unless altered at the request of North Tipperary County Council. Note 2: Table D.2 specifies when the first of these reports must be submitted. Transfer of Waste Facility Permit Ref No. WFP-TN-1I & WFP-TN Patrick Morris to Midland Scrap Metal Co. Ltd. Page 28 of 39

29 Table D.2: Once-off Reports: NORTH TIPPERARY COUNTY COUNCIL Report Condition Report Submission Date Number Management Structure, Contact details 2.6 Within 1 month of the grant of this and acceptance of Conditions permit Updated Emergency Response 7.2 Within 1 month of the grant of this Programme permit Financial (i) Insurances as per condition 8.3 On receipt of the permit Monitoring Schedule Within three months of the grant of F this permit SCHEDULE E: Specified Engineering Works Table E.1: Specified Engineering Works Specified Engineering Works Relevant Condition Installation of Site Identification Board within 2.7 two months of the grant of this permit. Interceptor 4.10 & 5.10 Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-TN Patrick Morris to Midland Scrap Metal Co. Ltd. Page 29 of 39

30 SCHEDULE F: Monitoring F.1: Dust The frequency of sampling and analysis is listed in the following table: Table F.1.1: Dust Monitoring Parameter Monitoring Frequency Analysis Method/Technique Dust Two samples annually Note 1 Standard Method Note 2 Note 1: At least one sample during the period May to September. Note 2: Standard method VD [Measurement of Dustfall, Determination of Dustfall using Bergerhoff Instrument (Standard Method) German Engineering or an alternative agreed in writing with North Tipperary County Council]. F.2: Groundwater The frequency of sampling and analysis is listed in the following table. This sample shall be tested for the parameters out lined in table F.2.2: Table F.2.1: Groundwater Monitoring Parameter Monitoring Frequency Analysis Method/Technique Groundwater 1 sample annually Standard Method Table F.2.2: Groundwater Parameters Substance Units ph ph Units Conductivity j.is/cm Temperature C Total Suspended Solids mg/i Biochemical Oxygen Demand Mg/1 Chemical Oxygen Demand Mg/i Total Hydrocarbons jig/i Mineral Oils jig/1 Copper jig/i Fluoride jig/i Phenol jig/1 Zinc jig/1 Iron jig/1 Arsenic jig/l Lead and its compounds jig/i Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-77V Patrick Morris to Midland Scrap Metal Co. Ltd. Page 30 of 39

31 Nickel and its compounds F.3: Surface Water NORTH TIPPERARY COUNTY COUNCIL The frequency of sampling and analysis is listed in the following table. This sample shall be tested for the parameters out lined in table F.3.2: Table F.3.1: Surface Water Monitoring Parameter Monitoring Frequency Analysis Method/Technique Surface Water 1 sample annually Standard Method Table F.3.2: Groundwater Parameters Substance ph Conductivity Temperature Total Suspended Solids Biochemical Oxygen Demand Chemical Oxygen Demand Total Hydrocarbons Mineral Oils Copper Fluoride Phenol Zinc Iron Arsenic Lead and its compounds Nickel and its compounds Units ph Units LS/cm oc mg/l Mg/i Mg/i tg/l j.ig/l.ig/l jig/i jig/i jig/i Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-TN Patrick Morris to Midland Scrap Metal Co. Ltd. Page 31 of 39

32 F.4 Dangerous Substances: The permit holder shall carry out or cause to be carried out a ground water and surface water sample analysis for the following Dangerous Substances parameters. These tests shall be carried out on a once off basis and shall be carried out within six months of the grant of this permit. North Tipperary County Council may request further testing for these parameters. Substance Unit Alaclilor ig/1 Atrazine Benzene j.tg/l Carbon-tetrachloride Chlorfenvinphos tg/l Chiorpyrifos j.tg/l (Chlorpyrifos-ethyl) Cyclodiene Pesticides j.tg/l (Aidrin, (Dieldrin, Endrin, DDT total para-para-ddt 11 2-Dichloroethane Dichloromethane Di(2-ethylhexyl)- phthalate (DEHP) Diuron Diazinon Dimetho ate Fluoranthene Glyphosate Isoproturon Linuron Mancozeb Mineral Oil Monochlorobenzene Naphthalene Nickel and its compounds Octylphenol ((4-(1,1',3,3'- tetramethylbutyl) phenol)) Pentachloro-phenol Phenols Simazine Sodium Tetrachioro- ethylene Toluene Trichioro-ethylene Trichloro-benzenes j.tg/l p.g/l pg/1 tg/l tg/l tg/l p.g/l tg/l jig/1 p.g/l p.g/l jig/i j.tg/l jig/l.tg/l jig/l p.g/l j.tg/l jig/l Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-TN-I Patrick Morris to Midland Scrap Metal Co. Ltd. Page 32 of 39

33 Trichioro-methane Xylenes tg/1 jig/i SCHEDULE G: Emission Limits G.1 Dust Deposition Limits Table G.2 Dust Deposition Limits Level (mg/m2/day) Note Note 1: Based on a 30 day composite sample with the results expressed as mg/m2 /day. Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-7N Patrick Morris to Midland Scrap Metal Co. Ltd. Page 33 of 39

34 SCHEDULE H: Waste Types Acceptable WC Code Material as described in European Waste Catalogue Waste metal * End-of-life vehicles End-of-life vehicles, containing neither liquids nor hazardous components Ferrous metal Non-Ferrous metal * Lead Batteries Brake pads other than those mentioned in Plastics from ELVs (bumpers doorpanels, body trim) Copper, bronze, brass Aluminium Lead Zinc Iron and Steel Tin Mixed ferrous and non-ferrous metals Cables other than those mentioned in Ferrous Metals Non-ferrous metals Metals from household and similar commercial industrial light scrap Total The annual quantity of waste material to be handled at the facility shall not exceed 13,200 tonnes, of which the quantity of ELVs handled per annum shall not exceed 6,500 tonnes Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-TN Patrick Morris to Midland Scrap Metal Co. Ltd. Page 34 of 39

35 Appendix I: Certificates of Destruction OPERATIONAL GUIDELINES FOR AUTHORISED TREATMENT FACILITIES 1. BACKGROUND 1.1 The Waste Management (End-of-Life Vehicles) Regulations S.I. No. 282 of 2006, which came into effect on 8 June 2006, provide the framework for the implementation in Ireland of Directive 2000/53/EC on end-of-life vehicles. Under the Regulations, obligations are imposed on authorised treatment facilities, local authorities, vehicle owners and vehicle producers (i.e. manufacturers and professional importers) in relation to the environmentally sound collection, storage, treatment, dismantling, reuse, recovery, recycling and disposal of end-of-life vehicles. 1.2 To assist in minimising the risk of environmental pollution associated with the treatment of endof-life vehicles, an obligation is imposed on the registered owner of a vehicle that is an end-oflife vehicle to dispose of that vehicle at an authorised treatment facility for appropriate treatment and recovery. An authorised treatment facility is defined as a facility at which the collection and storage and appropriate treatment and recovery of end-of-life vehicles may take place. The Regulations further stipulate that such facilities operate under a waste permit (or a waste licence) and in accordance with the minimum technical requirements set out in the Second Schedule of the Regulations on and from 1st January From 1st January 2007 onwards, there is a further requirement that the owner or operator of an authorised treatment facility shall issue a Certificate of Destruction to the registered owner, an authorised person of a local authority or a member of an Garda Siochána on the deposit of an end-of-life vehicle at that facility for appropriate treatment and recovery and all relevant information relating to that Certificate of Destruction shall be noted on the National Vehicle File. Under S.I. No. 282 of 2006, only an authorised treatment facility may issue Certificates of Destruction. 1.4 A Certificate of Destruction may only issue in respect of end-of-life vehicles of the following vehicle type - - motor vehicles having at least four wheels (or having three wheels when the maximum weight exceeds 1 metric ton), used for the carriage of passengers and comprising no more than eight seats in addition to the driver's seat (i.e. Category M1 type approval); - motor vehicles having at least four wheels (or having three wheels when the maximum weight exceeds 1 metric ton), used for the carriage of goods and having a maximum weight not exceeding 3.75 metric tons (i.e. Category N 1 type approval). Typically, this means that passenger cars and light commercial vehicles will require a Certificate of Destruction when deposited at authorised treatment facilities for appropriate treatment and recovery. While an authorised treatment facility may accept vehicle types other than the above (subject to the scope of the facility 's waste permit), a Certificate of Destruction shall not issue in respect of any vehicle which does not fall into either category M1 or category N1 vehicle types (e.g. motorcycles, buses, special purpose vehicles, HGVs etc). Transfer of Waste Facility Permit Ref No. WFP-Y7V-I & WFP-Y7V Patrick Morris to Midland Scrap Metal Co. Ltd. Page 35 of 39

36 1.5 This document lays down the broad parameters under which an authorised treatment facility may issue a Certificate of Destruction, the documentation required from the person presenting the end-of-life vehicle and how such associated records are to be compiled, maintained and reported by the authorised treatment facility concerned. 2. REQUISITION OF CERTIFICATES OF DESTRUCTION 2.1 Patrick Morris shall only obtain manual Certificates of Destruction from North Tipperary County Council on foot of a written request to North Tipperary County Council from the authorised treatment facility operator. Patrick Morris shall specify the amount of Certificates of Destruction required in increments of 50 blank certificates. 2.2 Manual Certificates of Destruction shall issue from North Tipperary County Council to Patrick Morris in booklets of 50 blank certificates (each in triplicate as outlined below in paragraph 2.4). 2.3 North Tipperary County Council shall issue manual Certificates of Destruction to Patrick Morris no later than 10 working days from the receipt of such a written request. 2.4 Each manual Certificate of Destruction shall contain its own unique serial (COD) number and will also comprise of three identical pages - a green copy for the registered owner, a yellow copy for the authorised treatment facility and the final white copy for the National Vehicle File. 2.5 No charge shall be imposed by North Tipperary County Council on Patrick Morris for manual Certificates of Destruction. 2.6 North Tipperary County Council shall keep a record of the serial numbers on the Certificates of Destruction that issue to Patrick Morris. Similar records will be kept on serial numbers for Certificates of Destruction issuing to other authorised treatment facilities operating within the functional area of North Tipperary County Council. 3. ISSUE OF THE CERTIFICATE OF DESTRUCTION 3.1 When an end-of-life vehicle is accepted at Patrick Morris a manual Certificate of Destruction shall only be issued in the name of- - the registered owner of the vehicle, or - North Tipperary County Council in respect of the disposal by North Tipperary County Council of an abandoned vehicle under section 71 of the Waste Management Act 1996, or - An Garda SIochána where a vehicle is being disposed by the Garda SIochána under section 41 of the Road Traffic Act 1994 and any regulations made thereunder. Subject to the provision of documentary evidence (e.g. letter of authorisation from the registered owner, North Tipperary County Council or an Garda SIochána), Patrick Morris may issue the Certificate of Destruction to a third party acting on behalf of the registered owner, North Tipperary County Council, or an Garda SIochána. The name of the third party will not be recorded on the Certificate of Destruction - Patrick Morris shall keep a copy of the letter of authorisation for inclusion in the records of the specific end-of-life vehicle concerned. Transfer of Waste Facility Permit Ref No. WFP-TN I & WFP-TN-1I Patrick Morris to Midland Scrap Metal Co. Ltd. Page 36 of 39

37 3.2 Patrick Morris shall complete the top OWNER copy (green) of the Certflcate of Destruction in block capitals using black ink so that the information is clearly reproduced on the middle FACILITY copy (yellow) and the final NATIONAL VEHICLE FILE copy (white) beneath, taking care to ensure that all three copies are clearly legible. 3.3 In completing Part 1 of the manual Certificate of Destruction, Patrick Morris shall require the registered owner of the vehicle (or a third party acting on behalf of the registered owner) to surrender either the vehicle registration certificate / vehicle licensing certificate I vehicle logbook as appropriate. If the vehicle licensing certificate / vehicle registration certificate / vehicle log-book has been lost, stolen or destroyed, Patrick Morris shall notify the registered owner (or a third party acting on behalf of the registered owner) that this situation must be regularised (i.e. a new certificate / log-book must be obtained) with the Vehicle Registration Unit in the Department of the Environment, Heritage and Local Government, Shannon, County Clare. The requirement to surrender the vehicle's vehicle registration certificate / vehicle licensing certificate / vehicle log-book does not apply where North Tipperary County Council is disposing of an abandoned vehicle under section 71 of the Waste Management Act 1996 nor where the Garda SIochána are disposing of a vehicle under section 41 of the Road Traffic Act The textbox in the bottom right corner of Part 1 of the Certificate of Destruction (i.e. If no, please elaborate) should be used to record either Section 71 of the Waste Management Act 1996 or Section 41 of the Road Traffic Act 1994 as appropriate for such cases. Where such information is available Patrick Morris shall note the date of expiry of the motor taxation disk for inclusion in the records of the specific end-of-life vehicle concerned. 3.4 Part 2 of the manual Certificate of Destruction shall be completed by Patrick Morris. 3.5 The name and address of- - the registered owner of the end-of-life vehicle, or as appropriate, - North Tipperary County Council, or as appropriate - the Garda SIochána Station, shall be recorded by Patrick Morris in Part 3 of the CertfIcate of Destruction. Patrick Morris shall require the registered owner of the end-of-life vehicle, authorised person of North Tipperary County Council or member of an Garda Siochána to sign the textbox at the bottom left corner of Part 3 to verify that the information recorded is true and accurate - a third party acting on behalf of the registered owner, North Tipperary County Council or the Garda SIochána may also sign on their behalf. A registered owner or a third party acting on his/her behalf shall be required to provide suitable documentation (e.g. driver's licence) to Patrick Morris to verify their identification when depositing an end-of-life vehicle at Patrick Morris. 3.6 The declaration in Part 4 shall be completed and signed by Patrick Morris to certify that the end-of-life vehicle will be destroyed in accordance with the requirements of the Waste Management (End-of-Life Vehicles) Regulations 2006 and that the bottom (white) copy shall be notified to the Vehicle Registration Unit in the Department of the Environment, Heritage and Local Government, Shannon, County Clare so that the destruction of the vehicle will be noted on the records of the National Vehicle File. Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-77V Patrick Morris to Midland Scrap Metal Co. Ltd. Page 37 of 39

38 3.7 On the completion of Parts 1 to 4 of the Certificate of Destruction, Patrick Morris shall record the date of issue in the space provided in the top left corner of the certificate and issue the top (green) copy to the registered owner, authorised person of North Tipperary County Council, member of an Garda SIochána, or to a third party acting on their behalf if such is the case. 3.8 On the 10th day of each month, Patrick Morris shall issue, by way of surface mail, the bottom (white) copy for each end-of-life vehicle treated at that facility to the Vehicle Registration Unit in the Department of the Environment, Heritage and Local Government, Shannon, County Clare so that the destruction of those vehicles will be noted on the records of the National Vehicle File. On a month-to-month basis, Patrick Morris shall keep a record of the date on which the Certificates of Destruction issued to the Vehicle Registration Unit in Shannon, County Clare (e.g. Certificates of Postage). 4. RECORD KEEPING AND SECURITY 4.1 Manual Certificates of Destruction (both blank and complete) shall be properly stored by the authorised treatment facility in a secure environment (i.e. water and fire resistant cabinets) so that only properly authorised personnel may access the certificates and accompanying documentation. 4.2 The loss, theft or destruction of Certificates of Destruction (both blank and complete) must be notified immediately by Patrick Morris to An Garda SIochána and in writing to North Tipperary County Council, providing a clear explanation of events relating to the loss, theft or destruction of the Certificates of Destruction. 4.3 Prior to storage, completed manual Certificates of Destruction must be accompanied by the vehicle registration certificate I vehicle licensing certificate / vehicle log-book as appropriate. A copy of the letter of authorisation relating to any third party acting on behalf a registered owner, North Tipperary County Council, the Garda SIochána should also accompany to the middle (yellow) copy of the appropriate Certificate of Destruction as well as the date of expiry of the motor taxation disk on the end-of-life vehicle where such information is available. 4.4 Patrick Morris shall cancel all vehicle registration certificates I vehicle licensing certificates I vehicle log-books provided by clearly writing in block capitals using red ink "CANCELLED" across the front (and each page as appropriate) of the registration document. A rubber stamp marked with the word "CANCELLED" in block capitals may also be used by Patrick Morris as an alternative. 4.5 All completed records as set out above in 4.1 to 4.3 must be maintained and preserved for a period of not less than seven years from the dates of issue of the appropriate Certificates of Destruction. Notwithstanding anything contained in any regulation, Patrick Morris shall shred all vehicle registration certificates / vehicle licensing certificates / vehicle log-books and associated Certificates of Destruction after the stipulated period of seven years. 4.6 Manual Certificates of Destruction (both blank and complete) are the sole property of North Tipperary County Council and must not be duplicated. In the event, that a registered owner has mislaid his/her Certificate of Destruction, Patrick Morris shall issue a letter to the registered owner confirming the destruction of the end-of-life vehicle concerned and all other details, as appropriate, as set out on the original certificate. Transfer of Waste Facility Permit Ref. No. WFP-TN & WFP-77V Patrick Morris to Midland Scrap Metal Co. Ltd. Page 38 of 39

39 4.7 Data provided by registered owners, North Tipperary County Council, the Garda SIochána or third parties acting on their behalf should not be used for any other purpose other than that for which it was collected and held. North Tipperary County Council shall withdraw the authority to issue Certificates of Destruction by Patrick Morris in the event of any misuse or abuse of the data by Patrick Morris or personnel acting on their behalf. 4.8 Patrick Morris shall comply with all relevant provisions of the Data Protection Acts 1988 and North Tipperary County Council shall be permitted access to the premises of Patrick Morris to check methods of processing Certflcates of Destruction. Patrick Morris shall agree to make available to an authorised person of North Tipperary County Council such files and records as may be required for North Tipperary County Council to be satisfied that the data is being used in the manner set out in this guidance document solely for the purposes of complying with Part III of the Waste Management (End-of-Life Vehicles) Regulations 2006 and with Condition 2.1 of Waste Facility Permit No. WFP-TN North Tipperary County Council may carry out audits of the methods of processing, record keeping and all associated security arrangements operated by Patrick Morris to ensure that they comply with best practice Where Patrick Morris intends to cease operations, Patrick Morris shall notify North Tipperary County Council in written form within 31 days of the proposed date of cessation. The written notification shall set out the arrangements that have been put in place to return all manual Certificates of Destruction (both blank and complete) together with all associated vehicle registration certificates / vehicle licensing certificates I vehicle log-books and any other ancillary information relating to the Certificates of Destruction to North Tipperary County Council. 5. DURATION OF OPERATIONAL GUIDELINES 5.1 The arrangements set out in this document come into effect on 1St January 2007 and shall remain valid for the duration of this Waste Facility Permit No. WFP-TN in the name of Patrick Morris. 5.2 North Tipperary County Council reserves the right to amend, revoke or replace any or all of the aforesaid arrangements set out in paragraphs 2.1 to 6.1 inclusive as may be deemed necessary for the purposes of ensuring compliance with all relevant provisions of the Waste Management (End-of-Life Vehicles) Regulations 2006 and those of Directive 2000/53/EC of the European Parliament and of North Tipperary County Council on end-of-life vehicles. Arrangements made after such a decision shall supersede these existing arrangements. Transfer of Waste Facility Permit Ref No. WFP-TN & WFP-TN Patrick Morris to Midland Scrap Metal Co. Ltd. Page 39 of 39