S.L. 549.63 Art. 21Refusal to issue a permit.

(1) Where the competent authority considers that the intended method of treatment is unacceptable from the point of view of environmental protection, in particular when the method is not in accordance with paragraph 3 of Schedule 5, it shall refuse to issue the permit.

(2) In determining whether to issue or refuse a permit to an applicant, the competent authority shall take into account:

(a) the applicant’s suitability to undertake the proposed activity, having regard to, as applicable:

(i) his record of compliance with these regulations, the Act and any other regulations made thereunder;

(ii) his financial capacity to comply with all obligations and liabilities that will or may arise from the proposed activity under these regulations, or his ability to offer such financial security therefore as the competent authority may require; and

(iii) his qualifications, experience and technical competence to carry out the proposed activity safely and with minimum risk to human health and the environment, and to abide by any conditions set in relation thereto by the competent authority;

(b) the measures he proposes to take to minimise the risk of harm to human health and the environment arising from his proposed activity;

(c) whether he proposes to recover waste, his proposed methods, and how he proposes to safely dispose of any residues;

(d) use of best available technology not entailing excessive cost; and

(e) any other relevant considerations which the competent authority deems fit to take into account.

(3) The competent authority shall inform the applicant of the grounds for its decision when it rejects an application for a permit.

(4) The competent authority may request from the applicant any information relevant to its deliberations under this regulation. Failure on the applicant’s part to provide such information to the competent authority or to cooperate with its inquiries may constitute grounds for refusal of a permit.