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Air Pollution

The air we breath has a direct impact on our health.  

The Air Pollution Act 1987 is the primary legislation relating to the protection of our air quality.  http://www.irishstatutebook.ie/eli/1987/act/6/enacted/en/html

The Environmental Protection Agency (EPA) manages the national ambient air quality monitoring network.  They also measure the levels of a number of atmospheric pollutants.  The pollutants of most concern are those whose main source is traffic such as Particulate Matter and Nitrogen Dioxide. 

Current information on air quaility can be found on the EPAs website on the following link: http://www.epa.ie/air/quality/

The EPA is responsible for processing Air Pollution Act licence appeals. These appeals were previously processed by An Bord Pleanala but the responsibility transferred to the EPA on the 31st August 2015 following the implementation of the Environment (Miscellaneous Provisions) Act 2015.  For further information in relation to these appeals, and theappropriate fee payable, please refer to the following link: http://www.epa.ie/licensing/air/actappeals/

Solvents

If you are a dry-cleaner, vehicle refinisher or if you use solvents in your business activity then the Solvents (VOC) Regulations or the Deco-Paints Regulations may be applicable to you.  These Regulations are enforced by the Environment Section of Kildare County Council. 

To find out if they are relevant to your activity, contact the Environment Section on 045-980588 or check the information available on the EPA website on the following link:

http://www.epa.ie/air/airenforcement/solvents/

More about Solvents.....

Regulations refer to the following business activities:
Dry Cleaning; Vehicle coating and Vehicle Refinishing; Coil coating, Winding wire coating, Other coating (including metal, plastic, textile, fabric, film, leather, wood and paper surfaces); Wood impregnation; Footwear manufacture; Wood and plastic lamination; Adhesive coating; Rubber conversion; Vegetable oil and animal fat extraction and vegetable oil refining activities; Manufacturing of pharmaceutical products; Manufacturing of coating preparations, varnishes, inks and adhesives; Surface cleaning using compounds with risk phrases R45, R46, R49, R60, R61, or R40 and halogenated compounds; Other surface cleaning; Printing.

Such businesses are obliged to register with their Local Authority, in order to obtain a certificate of compliance. Prior to obtaining a certificate of compliance, the operator is obliged to engage the services of an Approved Assessor to inspect the facility and determine compliance with the Regulations.  The EPA has set up a national panel of Approved Assessors for the purpose of these Regulations.  http://www.epa.ie/air/airenforcement/solvents/ 

At present there is one Approved Assessor (but please check EPA website for updates); Enviroguide Consulting; Ph 01-5654730.

Note for Dry Cleaning Installations

The Emission Limit Value in Schedule 4 of the Solvent Regulations does not apply for this activity. Therefore, all commercial dry cleaning installations are legally obliged to register with their local authority and operate in accordance with the Solvent Regulations.

Dry cleaners operating without a valid certificate of compliance are in breach of the regulations and may incur fines of up to €5000 on summary conviction.

Fixed Payment Notices have also been introduced and any dry cleaning operator found to be operating without a current certificate of compliance can be spot fined €500.

Note for Vehicle Refinishing Installations

In accordance with the Deco-Paints Regulations all vehicle refinishers carrying out commercial spray painting activities are required to register with their Local Authority and operate in compliance with the regulations.

There are no thresholds to which these regulations apply, therefore once vehicle refinishing is taking place on a commercial basis, operators must register with their Local Authority.

Vehicle Refinishers operating without a valid certificate of compliance are in breach of the regulations and may incur fines of up to €5000 on summary conviction.

Fixed Payment Notices have been introduced and any vehicle refinisher found to be operating without a current certificate of compliance can be spot fined €500.

Local Authorities and their Role

Once an operator has obtained a report from an Approved Assessor, a copy of same must be submitted to the relevant local authority along with a completed Registration Form (this will be supplied by the Approved Assessor to the operator along with the report) and a Registration Fee of €50 in respect of renewals and €70 in respect of new certificates. A Registration Fee of €70 shall also be submitted in cases where operators have allowed their certificates to lapse).

Following a review of the documentation submitted and a possible site inspection by the relevant local authority, a certificate of compliance will then be issued in cases where the operator is compliant.

Certificate of compliance may be valid for up to 3 years; however this is normally in cases where continued compliance has been shown by the operator. If Kildare County Council has concerns regarding a specific installation, then the period of duration for the certificate may be reduced to 1-2 years.

Operators are obliged to display their current certificates in a prominent position at their premises.

Failure to obtain a certificate of compliance or register with Kildare County Council on time may result in escalating enforcement action being taken against the operator for breach of regulations.

Enforcement Action and Penalties

Recent legislation has enabled Local Authorities to now issue Fixed Payment Notices (spot fines) in respect of alleged breaches of the regulations.

A fixed payment notice of €500 can be issued for operating an installation without a current certificate of compliance where such a certificate is required (Both Solvent and Deco-Paints Regulations).

An operator who receives a fixed payment notice is not legally obliged to pay the fine, however if payment is made within 21 days of the date of the notice, Kildare County Council will not instigate legal proceedings against him/her.

However, failure to pay the fine on time will result in Kildare County Council prosecuting the operator in the District Court.

In such cases where court proceedings have been instigated, the maximum fines for breaches of the regulations are €5000 or a term of 6 month imprisonment, or both.

Best Practice Guidelines

Please see the links below to view both the Best Practice Guidelines for Dry Cleaners and the Best Practice Guidelines for Vehicle Refinishers.

www.epa.ie/pubs/reports/air/solvents/bestpracticeguidelinesfordrycleaners2012.html

www.epa.ie/pubs/reports/air/solvents/bestpracticeguidelinesforvehiclerefinishing2012.html

Register of Certified Dry Cleaners (Solvent Regulations) and Vehicle Refinishers (Deco-Paints Regulations)

Please refer to the document links below to view the register of current holders of certificates of compliance.

Please note, the absence of a particular establishment from these lists does not necessarily imply a failure to comply with the Regulations.

Note to holders of certificates – please ensure all your details are accurate and up to date. In the event of circumstances or details changing, please contact Kildare County Council, Environment Section at 045 980588 to advise of the change.

If you have any queries, wish to speak to someone about your premises, or report a case of non-compliance with the regulations, please contact Kildare County Council Environment Section on 045 980588.

Dry cleaner register

File Size: 30KB - Document Type: MS Excel

Vehicle refinisher register

File Size: 39KB - Document Type: MS Excel