Mr. Bernard Gilsenan Manager 1 Environmental Protection Agency An Ghniomhaireacht vm Choomhnd Comhrhaoil Gilliardstown House Castlepollard Headquarters, PO Box 3000 Johnstown Castle Estate County Wexford, Ireland Ceanncheathrir. Bosca Poist 3000 Eastat Chaisledn Bhaile Sheain Contae Loch Garman, tire T: t353 53 916 0600 21 st August 2008 Reg No: PO697-0 1 F: +353 53 916 0699 E: [email protected] W: www.epa.ie LoCall: 1890 33 55 99 Notice in accordance with Article 11(2)(b)(i) of the EPA (Licensiw) Regulations, 1994 to 2004.

Dear Mr. Gilsenan

I refer to your application for an Integrated Pollution Prevention and Control licence, made on behalf of Messrs M Murphy and B Gilsennan for an installation located at Ballynagall, , , County Westmeath, Reg. No PO697-0 1 received by the Agency on 13th February, ;!004.

The Agency has carried out a detailed examination and evaluation of all documentation you submitted in respect of your application. I am to inform you that the application and documentation you submitted in support of this application does not contain the necessary information for the Agency to satisfy itself that the application complies with Article 10 of the licensing regulations' or make a decision on the application in the absence of the information. You indicate in your application that waste slurry from your installation is to be landspread on third party fmsas a means of recovery of the slurry. In order for the Agency to consider this operation, as an appropriate means of recovery of the slurry, the Agency requires details of the lands involved. This information was requested on a number of occasions by the Agency. Notices issued by the Agency dated 31" October 2006 and 2gth June 2007 specifically requested the missing information that you have failed to supply. In these circumstances the Agency considers that this application fails to comply with the requirements of Article 10 of the EPA (Licensing) Regulations, 1994 to 2004.

As stated earlier the information sought by the Agency is essential in order to determine the licence application and having regard to the extent of your failure to supply the necessary information the Agency cannot consider this application.

You are therefore advised to take note that this notification is being issued to you in accordance with the provisions of Article 11(2)(b)(i) of the EPA (Licensing) Regulations, 1994 to 2004 and in such circumstances I am to advise that your application for a licence is rejected.

The decisions of the Agency are based on objective and independent evaluation of all the issues raised by all parties to a licence application. The Agency is committed to

2 Environmental Protection Agency (Licensing) Regulations 1994 to 2004 openness, fairness and transparency in its decision making process, and I can assure you that you will have access to all documentation relating to this licence application.

It is very important that you take further note of the fact that the protection afforded by Section 82(6) of the EPA Acts, 1992 to 2007 is not available from the date of this notification of rejection of the application.

I am also to advise that it is a breach of Section 82(2) of the EPA Acts, 1992 to 2007 for a person to carry on any of the activities, including intensive agriculture, listed in the First Schedule to that Act in the absence of an Integrated Pollution Prevention and Control licence.

Arrangements are being made to return the original copy of the application under separate cover.

Yours sincerely,

Senior Inspector Office of Climate, Licensing & Resource Use