Mr Bernard Gilsenan
Ballynagdl
Knockdrin
.Mufl ingar
County Westmeath
Date: 12’ January 2009
Reg. Na. PO697-0I
Dear Mr Gilsenan.
Funher to your h e r s . received -4’ the Agency on the 26‘‘ Augusl, l6* October and 1” December
2008, submitted in response to the Agency notice, dated the 21 August 2008, issued in accordance with
Article 11(2)&)(i) of h e EPA (Licznsingj Regulations 1994 to 20W.
I he Agency docs not fully understand the basis of‘ your request, the infomation sought bj the Agency
is Information relamg to your proposal to deal with your piggery’s slurry by landspreading it. You
sent Sour proposal to the Agency subjecf to a stipulation that it was confidential. The Agency requimd
you 10 =-submit ir as non-confidential infomation, but LOU never did. In the circumstances it is net
understood hatv you could passible be unaware of the nature o f the infomiaxion ?his deals with you
questions 1, 2,3 and 6.
Your questions 4 and C appear to seek an opinion as to i n ~ ~ p r ~ t a ~ofthe
i o n EnvironrnentaI Pretwtiun
Agency Act. It is nor the function of the Agency to provide legal advice to licencc applicants or
potential applicants It is the view of the Agent?. that infomation to demonstxate adequate recovery
capacity for the slurry generated on site is required in order to comply with rhe Act, and we should
refer you to the judgment of tho fligh Court in Brady v. Environmentai Pmtection Agency in this
respect.
Your questions 7 aid 8 ‘seek dorummts preparcd by the Agcncy in refasion lo your application.
However as you never submitted a valid application this documentation was minimal. Ansched is a
copy o f the memo submittedto the Board, retoinmending rejection o f eleven incomplete licence
applications, the Board approved the recoinmendation at their meeting on the 6 September 2007.
Follo~ingrejection of your application, you are advised that you should make a new application for a
licence. If‘ you propose lo recover your piEery’s sluny by landspwading,you should submit B
proposal in line with the Agency’s current practice, which is set out in the attached letter issued by the
Irish Fanners’ Association in JanuarS, 2008 and c1 further clarification of points also attached The
Agency IS satisfied lhat these arrangements meet the Hest Availabk I’echniqucs standard for dealing
with slurrq.. Any alternative proposals you submit will be considered, but may not be acceptable.
Please note fhai unless you apply for a licence, proceedings may be instituted against you for operating
without a licence.
Yours sincerely,
Senior Inspector
OfEce of Climate, Licensing
Rr Resource Use