This Report has been cleared for submission to the Board by

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1 7 This Report has been cleared for submission to the Board by.- Article 1 1 (2)(b)(ii) response rec Site notice inspected: Fees) regulations 1994 to 2004.

2 The installation is located in a rural area of CO Monaghan, approximately 2km north east of Tydavnet. The most recent planning permission was granted by Monaghan County Council, on the 8 August 2006, for a single storey poultry unit, underground wash storage tank and all ancillary works. All construction is now complete. An EIS was not required in support of the planning application. The installation is operated solely by Mr Tremor, while the poultry rearing activity is continuous the site is irregularly manned. Most activities including deliveries of feed, bedding material, chicks, collection of finished birds, carcasses etc. occurs between 6.00 a.m. and 8.00 p.m. Process Description The licensable activity involves the rearing of chicks from day old through to slaughter weight. The reared birds are then transported to Carton Bros Ltd., Reg. No. POO24-02, where they are slaughtered and processed. Prior to the delivery of chicks to the installation the entire floor area in the houses is bedded with straw or wood shavings and the heating system, gas fuelled, is turned on to warm the buildings for receipt of a new batch of chicks. Day old chickens are delivered to the installation from a hatchery and placed in each of the two broiler houses on-site. The birds are fed cereal and soya protein feed, the constituents of the animal feed are adjusted to suit the growth stage of the birds during the days when they are on-site. Heating is supplied for the first two to three weeks after which the birds generate sufficient heat. From approximately day 35 a percentage of the birds may be removed from the houses and taken for slaughter, the balance of the birds are removed for slaughter over the following days. When all the birds have been removed from the houses the poultry litter is removed, either to off-site storage or transported off-site for recovery (mushroom compost production facilities or Iandspread). The Applicant states that the current practice is for poultry litter to be taken off site for use in the mushroom compost production sector, where the poultry litter provides nutrients. The Applicant also identifies that poultry litter is a valuable fertiliser which may be applied to land as a replacement for inorganic fertiliser subject to the requirements of the European Communities (Good Agricultural Practice for Protection of Waters) Regulations (S.I. 378 of 2006). The cleaning of the sheds after a batch of chickens have been removed firstly involves removal of the poultry litter by mechanical loader, the floors are then swept and then washed with water. Wash water from wash down of the houses is collected on-site in an underground wash water storage tank and recovered as fertiliser on the Applicant s adjoining farm. The poultry rearing houses are disinfected and left to dry for approximately two weeks at which stage the cycle restarts. Emissions The main emissions from the activity are odour and dust emission from the building ventilation system, poultry litter which is currently sent to mushroom cornposting as a fertiliser but may in the future be used an agricultural fertiliser, and wash water which is recovered on the Applicants adjoining farm. 2

3 Emissions to Air Ventilation air from the poultry rearing buildings represents the most significant air emission, the rate of ventilation emissions will increase relative to the age of the birds, ambient temperature etc. The main contaminants that are present in the ventilation emissions are odours, dust and ammonia. Poultry litter removal represents the most significant odour and dust emission potential, however the removal of litter is limited to a number of hours ever eight to ten weeks. There are a number of control measures currently in place to minimise potential odour emissions. These include: litter management, use of adequate bedding material, appropriate stocking densities, quality of ventilation and house design, and minimisation of carcasses by maintaining flock health to a high standard. There have been no complaints of odour from the site, and it is considered that good housekeeping measures will minimise emissions. Emissions to Waters There are no process emissions to water. Surface Water All poultry rearing activities are undertaken within the broiler rearing houses, the yard area around the doors of the broiler houses may be contaminated with poultry litter during the period when the litter is being removed (1 day every 8-10 weeks). All surface water arising from roofs and yards is directed to the surface water drains on-site which discharge to a field drain (stream), at the south eastern boundary of the site, which eventually joins with the Mountain Water River. EPA water quality monitoring points on the Mountain Water River are a significant distance downstream of the installation, biological water quality is recorded as Q3 at these points, The Mountain Water River in accordance with the Water Framework Directive, is classified as lb water body is thought to be at risk of failing to meet the objectives pending further investigation. Surface water run-off should be uncontaminated and therefore should have no impact on surface water quality off-site. Schedule C. 2.3 Monitoring of Storm Wafer Emissions requires CBOD/COD monitoring as required by the Agency and weekly visual inspection at the surface water discharge point(s) from the site, where an inspection chamber shall be provided within three months of the date of grant of the licence. Emissions to Ground There are no process emissions to ground from the activity. In accordance with the Water Framework Directive the groundwater at the installation and surrounding area is classified as 2b water body is expected to meet good status in The RD requires the storage of all liquid fuels, chemicals etc in bunded areas to avoid the risk of spillage. Waste There shall be no waste disposalhecovery activities undertaken on-site. Wastes arising on-site include animal carcasses, packaging, domestic solid waste, 3

4 fluorescent tubes etc. Animal carcasses arise from mortalities associated with the rearing of poultry, the carcasses are stored on site temporarily prior to collection and disposal at College Proteins (Reg. No. POO37-03). The Applicant identified that carcasses are also collected by Irish Angling and Irish Bait, however the Applicant failed to provide authorisation from the Department of Agriculture, Fisheries and Food for collection or processing of carcasses (animal by-product) by Irish Angling and Irish Bait. The RD does not provide for collection or processing of animal by-product by unauthorised operators/facilities. Manure/Poul try Litter Manure/poultry litter is generated as part of the poultry rearing activity. The Applicant has identified that the poultry litter is currently transported to mushroom compost production facilities where it is used as fertiliser. Chicken Litter Recycling (CLR) Co-op currently manages removal of the poultry litter and delivery to the mushroom compost manufacture facilities. The Applicant also identifies that poultry litter may in the future be used as fertiliser on agricultural lands in accordance with the European Communities (Good Agricultural Practice for Protection of Waters) Regulations. The RD provides for the use of poultry litter as fertiliser subject to the Licensee providing details in relation to the lands on which it shall be recovered, the preparation of a nutrient management plan to demonstrate nutrient need, etc. Washwater arising from wash down of the houses is collected in a wash water storage tank on-site. The wash water is used as a fertiliser on Mr Treanor s adjoining farm of c.38ha which he farms in accordance with the Rural Environmental Protection Scheme (REPS). Poultry litter and wash waters when used as fertiliser in accordance with the Regulations and the conditions of the RD are not considered likely to cause environmental pollution. The RD requires the Licensee to maintain records of all movements of poultry littedmanure off-site to the satisfaction of the Agency and in accordance with the European Communities (Good Agricultural Practice for Protection of Waters) Regulations. Noise The activity is located in a rural area of County Monaghan. The activities carried out at this installation are not likely to resuit in significant noise emissions. The nearest sensitive location, other than the Applicant s or families dwelling houses, is a dwelling house located approximately 200 metres from the site boundary, Schedule B. I Noise Emissions specifies the standard noise emission limit values of 55(daytime)/45(night-time) db(a) at any noise sensitive location. The RD requires that the Applicant carryout a noise survey of site operations as required by the Agency. Use of Resources The on-site operations involve the consumption of water, feed, gas, electricity and medication. It is estimated that tonnes of feed and 7 m3 of water is used per 1000 birds produced. The amount of electricity and gas, used for heating the 4

5 houses, used on the site varies depending on the time of year and weather conditions. There is a back-up generator, fuelled on diesel, used if there is a disruption in the electrical power supply. Condition 7 includes conditions dealing with water, energy and raw material use, reduction and efficiency on site. The RD requires annual maintenance of the heating system and generator. Compliance with EU Directives IPPC Directive [91/61/EC) This installation falls within the scope of category 6.6(a) (Installations for the intensive rearing of poultry with more than 40,000 places for poultry) of Annex I of Council Directive 96/61 /EC concerning integrated pollution prevention and control. The RD as drafted takes account of the requirements of the Directive. BAT is taken to be represented by guidance given in the IPPC reference document on BAT for Intensive Rearing of Poultry and Pigs, July Water Framework Directive [2000/60/EC] The only emission to surface water from this installation is uncontaminated storm water from building roofs and the concrete yard area. The RD requires a weekly visual inspection of storm water emissions and COD/CBOD monitoring as required by the Agency. The RD requires poultry litter and wash water to be managed and recovered appropriately and provides for the landspreading of such materials as fertiliser subject to conditions. EU Animal By-Products Regulations (EC No. 1774/2002) Animal tissue and carcasses arise due to mortalities, the waste shall be stored on site temporarily in bins. The waste is collected and transported to College Proteins where the material is rendered in accordance with the Animal By Product Regulations. EU Nitrates Directive The Nitrates Directive (91/676/EEC) - Council Directive of 12 December 1991 concerning the protection of waters against pollution caused by nitrates fiom agricultural sources - has the objective of reducing water pollution caused or induced by nitrates from agricultural sources and preventing further such pollution, with the primary emphasis being on the management of livestock manures and other fertilisers. The Directive has been transposed into Irish legislation by the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006 (S.I. No, 378 of 2006). The RD specifies the minimum manure storage requirements for this installation and includes the exemption from this storage capacity as provided for under Article 13( 1) of the Regulation in relation to reduced storage where manure is: removed to off-site storage, the Licensee has access to a waste treatment facility for manure or the manure is transferred to an authorised (EPA Act or Waste Management Act licensed) facility. The RD requires that where chicken litterlmanure is landspread such practice shall be undertaken in accordance with the Regulations and the conditions of the RD. 5

6 Habitats Directive (92/43/EC) & Birds Directive (79/409EEQ There is a proposed National Heritage Area (pnha), Mullaghmore Lake, approximately 6km south of the installation. Emissions from the activity are not considered likely to impact on the site. Best Available Techniques (BAT) I have examined and assessed the application documentation and I am satisfied that the site, technologies and techniques specified in the application and as confirmed, modified or specified in the attached RD comply with the requirements and principles of BAT. I consider the technologies and techniques as described in the application, in this report, and in the RD, to be the most effective in achieving a high general level of protection of the environment having regard - as may be relevant - to the way the installation is located, designed, built, managed, maintained, operated and decommissioned. Fit & Proper Person Assessment The Fit & Proper Person test requires three elements of examination, technical ability, legal standing, and financial standing. It is my view, and having regard to the provisions of Section 84(5) of the EPA Acts and the Conditions of the RD, that the applicant can be deemed a Fit & Proper Person for the purpose of this licence. Submissions Two submissions were received in relation to the licence application; Department of Environment, Heritage and Local Government and Health Service Executive. (1) The Department of Environment, Heritage and Local Government identified a stream, which straddles the proposed spread lands. This stream runs close to, or possibly into National Heritage Area, Mullaghmore Lake, a shallow lake about 6km northwest of Monaghan. Mullaghmore Lake is identified as of importance because it provides an excellent example of colonisation of open water by scraw (floating vegetation) as well as providing for a better than average number of wildfowl. The department states that it is not possible to adequately assess the impact of the proposed development prior to obtaining additional information from the applicant. Response: The activities on-site are limited to rearing of poultry within the buildings on-site. The risk of contamination of the surface water discharge is limited to the period during which poultry litter is removed f?om the rearing houses, 3-4 hours every 8-10 weeks. All wash waters are diverted to wash water storage tanks and landspread. The RD requires weekly visual monitoring of discharges to surface water at inspection chambers, which are to be installed, and CBOD/COD monitoring at the south eastern boundary as required by the Agency. The Applicant has identified that the landspreading of wash-water on the Applicant s lands are subject to the Rural Environmental Protection Scheme (REPS) approved by the Department of Agriculture, Fisheries and Food. (2) Health Service Executive identified that they have no significant concern regarding the health impact of the proposed activity subject to normal standards in environmental pollution being applied and monitored. 6

7 Recommended Determination (RD) The RD permits the applicant to operate the poultry rearing activity in accordance with EPA Acts 1992 to 2007 and the IPPC Directive. Charges The annual charge included in the RD is 2,690, which is considered appropriate to cover the costs associated with enforcement of the RD. Recommendation I recommend that a Proposed Determination be issued subject to the conditions and for the reasons as drafted in the RD. Signed Patrick Byrne c Procedural Note In 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 Acts 1992 and 2003 as soon as may be after the expiration of the appropriate period. 7

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