S.L. 549.77 Art. 7Permit conditions.

(1) The competent authority shall ensure that the permit includes all measures necessary for compliance with the requirements of regulations 4 and 11. Those measures shall include at least the following:

(a) emission limit values for polluting substances listed in Schedule 2, and for other polluting substances, which are likely to be emitted from the installation concerned in significant quantities, having regard to their nature and their potential to transfer pollution from one medium to another;

(b) appropriate requirements ensuring protection of the soil and groundwater and measures concerning the monitoring and management of waste generated by the installation;

(c) suitable emission monitoring requirements specifying:

(i) measurement methodology, frequency and evaluation procedure; and

(ii) where the provisions of regulation 8(3)(b) are applicable, that results of emission monitoring are available for the same periods of time and reference conditions as for the emission levels associated with the best available techniques;

(d) an obligation to supply the competent authority regularly, and at least annually, with:

(i) information on the basis of results of emission monitoring referred to in paragraph (c) and other required data that enables the competent authority to verify compliance with the permit conditions; and

(ii) where the provisions of regulation 8(3)(b) are applicable, a summary of the results of emission monitoring which allows a comparison with the emission levels associated with the best available techniques: Provided that the competent authority may specify the format of this reporting and timeframes for its submission;

(e) appropriate requirements for the regular maintenance and surveillance of measures taken to prevent emissions to soil and groundwater pursuant to paragraph (b) and appropriate requirements concerning the periodic monitoring of soil and groundwater in relation to relevant hazardous substances likely to be found on site and having regard to the possibility of soil and groundwater contamination at the site of the installation;

(f) measures relating to conditions other than normal operating conditions such as start-up and shut-down operations, leaks, malfunctions, momentary stoppages and definitive cessation of operations;

(g) provisions on the minimisation of long-distance or transboundary pollution;

(h) conditions for assessing compliance with the emission limit values or a reference to the applicable requirements specified elsewhere.

(2) For the purpose of sub-regulation (1)(a), emission limit values may be supplemented or replaced by equivalent parameters or technical measures ensuring an equivalent level of environmental protection.

(3) BAT conclusions shall be the reference for setting the permit conditions.

(4) Without prejudice to regulation 11, the competent authority may set stricter permit conditions than those achievable by the use of the best available techniques as described in the BAT conclusions. The competent authority may establish guidance under which it may set such stricter conditions.

(5) Where the competent authority sets permit conditions on the basis of a best available technique not described in any of the relevant BAT conclusions, it shall ensure that:

(a) that technique is determined by giving special consideration to the criteria listed in Schedule 3; and

(b) the requirements of regulation 8 are complied with. Where the BAT conclusions referred to in paragraph (a) do not contain emission levels associated with the best available techniques, the competent authority shall ensure that the technique referred to in paragraph (a) ensures a level of environmental protection equivalent to the best available techniques described in the BAT conclusions.

(6) Where an activity or a type of production process carried out within an installation is not covered by any of the BAT conclusions or where those conclusions do not address all the potential environmental effects of the activity or process, the competent authority shall, after prior consultations with the operator, set the permit conditions on the basis of the best available techniques that it has determined for the activities or processes concerned, by giving special consideration to the criteria listed in Schedule 3.

(7) For installations referred to in point 6.6 of Schedule 1, sub-regulations (1) to (6) shall apply without prejudice to the legislation relating to animal welfare.