This Report has been cleared for submission to the Boardby Programme Manager Marie O’Connor Signed: _ _ Date: 6th August 2020 OFFICE OF ENVIRONMENTAL SUSTAINABILITY REPORT OF THE TECHNICAL COMMITTEE ON OBJECTIONS TO PROPOSED DETERMINATION TO: Directors Environmental Licensing FROM: Technical Committee Programme DATE: 06/08/2020 Objection to Proposed Determination for DAIRYGOLD CO- RE: OPERATIVE SOCIETY LTD AND TINE IRELAND LTD Mogeely, County Cork, P25 Y996, IEL Reg: P1103-01 Application Details Class of activity: 7.2.1 - The treatment and processing of milk, the quantity of milk received being greater than 200 tonnes per day (average value on a yearly basis). Location of activity: Mogeely, County Cork, P25 Y996 Licence application received: 13 February 2019 PD issued: 19 February 2020 First party objection received: No Third Party Objection received: Yes Submissions on Objections Yes received: Regulation 36 (1) extension of 23 July 2020 time: P a g e 1 | 35 Company Dairygold Co-Operative Society Limited (Dairygold) has been in operation at Mogeely since 1986, producing over 12,000 tonnes / year of cheese. The site is located on the outskirts of Mogeely, a village in east County Cork, 10km east of Midleton. The application relates to a new cheese manufacturing plant for the manufacture of Jarlsberg cheese, which is independently owned and operated by Norwegian company, TINE Ireland Limited (TINE). This expansion will result in an increase in cheese production at the installation to 37,500 tonnes / year by 2025. Both Dairygold and TINE made a joint licence application to the Agency to cater for this expansion. The main activities carried out at the site are raw milk processing and cheese making. The processes and unit operations associated with these activities include: milk intake and storage, raw milk processing (namely separation, and standardisation), processing of the milk into cheese (namely pasteurisation, coagulation, moulding & extruding and brining) and distribution of end products (cheeses) and by-products (liquid whey and cream). The installation will occupy an area of approximately 7.9 hectares. It will operate 24 hours a day, 7 days a week, however this will reduce during off peak months (November to February). The installation will employ approximately 161 permanent staff when fully operational. Forty-nine valid submissions were received in relation to the application and these were considered by the Board at PD stage. Consideration of the Objections The Technical Committee, comprising Jennifer Cope (Chair) and Eoin McCaffrey, has considered all of the issues raised in the objections and submission on objections and this report details the Committee’s comments and recommendations following the examination of the objections together with discussions with the inspector, Orla Harrington, who also provided comments on the points raised. This report considers the ten valid third-party objections, and one first party submission on objections. A third-party submission on objections from An Taisce is deemed to be not in accordance with Regulation 26(5) of the Environmental Protection Agency (Industrial Emissions)(Licensing) Regulations 2013 as amended and therefore has not been considered by the Technical Committee. Irish Water provided comments on objections. These comments have not been considered by the Technical Committee as they were received after the expiry period stated in the EPA notification letter. There was no first party objection. Four third party objections requested an oral hearing of objections. On 26 May 2020, the Board of the Agency approved the recommendation of the Licensing Inspector that an oral hearing of the objections was not required, and the reasons are set out in the Board Minutes which are available on the EPA website. P a g e 2 | 35 The main issues raised in the objections and the submissions on objections are summarised below. However, the original objections and submissions on objections may be referred to for greater detail and expansion of particular points. First Party Objection There was no first party objection. One first party submission on the objections was received. Submission on objection Date Received Mr. Alan Beatty, Dairygold Co-Operative Society Limited 27/04/2020 and Tine Ireland Limited, Dairygold, Speciality Cheese, Mogeely, Co. Cork. It is noted that the first party submission on objections states that “the submission on objection by An Taisce of 22 April 2020 is not in accordance with the Environmental Protection Agency (Industrial Emissions)(Licensing) Regulations 2013 and therefore should not be taken into consideration by the Agency as is it not a submission rather is a further new impermissible ground of objection, which the Agency acting lawfully ought not take into account.” Technical Committee Evaluation The TC considers that the submission on objections from An Taisce submits further submissions in relation the objection and further elaborates on the points made in the An Taisce objection. As stated above, the TC deems the third-party submission on objections from An Taisce to not be in accordance with Regulation 26(5) of the Environmental Protection Agency (Industrial Emissions)(Licensing) Regulations 2013 as amended and therefore has not been considered by the Technical Committee. Third Party Objections Ten third party objections were received. For convenience they are labelled Objection No.’s 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 respectively. The TC notes that a number of these objections included contributions from other parties but in their consideration the objections were considered in their totality and assigned to the name of the objector. Objection No. 1 The points of objection relate to the Date Received following issues: Ian Lumley, • Environmental Impact Assessment 06/03/2020 Heritage Office, • Impacts of the project on greenhouse gas An Taisce, emissions, biodiversity, air pollution Tailor’s Hall, (ammonia) and water quality Black Lane, • Appropriate Assessment Dublin 8. • Site Suitability and prematurity of the licence P a g e 3 | 35 Objection No. 2 The points of objection relate to the Date Received following issue: Mr Michael • Water Quality 12/03/2020 McPartland, Inland Fisheries Ireland Macroom, Sunnyside House, Macroom, Co. Cork. Objection No. 3 The points of objection relate to the Date Received following issues: Mr Simon Mould, • Appropriate Assessment 13/03/2020 Save Cork Harbour • Water Quality campaign, • Flushing rate of the Great Island Channel Gortstoke, Ladysbridge, Co. Cork. Objection No. 4 The points of objection relate to the Date Received following issues: Mr Tony Lowes, • Environmental Impact Assessment 13/03/2020 Friends of the Irish • Impacts of the project on greenhouse gas Environment, emissions, biodiversity, air pollution Kilcatherine, (ammonia) and water quality Eyeries, Co. Cork. Objection No. 5 The points of objection relate to the Date Received following issues: Mr Paul Murphy, • Water Quality and Shellfish Directive 16/03/2020 Saleen & District • Flushing rate of the Great Island Channel Residents and pattern of water movements Association, • Alternatives, effluent treatments and Church Cottage, discharge locations East Ferry, Midleton, Co. Cork. P a g e 4 | 35 Objection No. 6 The points of objection relate to the Date Received following issues: Miss Debby Hayes, • Appropriate Assessment 17/03/2020 Protect East Ferry • Water Quality Waters, • Effluent dispersion modelling, flushing East Ferry, rate of the Great Island Channel Midleton, • Alternatives, effluent treatments and Co. Cork. discharge locations Objection No. 7 The points of objection relate to the Date Received following issues: Mr Peter Sweetman, • Environmental Impact Assessment 18/03/2020 Rossport South, • Appropriate Assessment Ballina, Co. Mayo, F26 T2P4. Objection No. 8 The points of objection relate to the Date Received following issues: Mr Allan J Navratil, • Impacts of the project on greenhouse gas 18/03/2020 East Cork Harbour emissions, biodiversity, air pollution for a Safe (ammonia) and water quality Environment, • Appropriate Assessment Ballinacurra Hse, • Water Quality and Shellfish Directive Midleton, • Alternatives, effluent treatments and Co. Cork. discharge locations • Flushing rate of the Great Island Channel and pattern of water movements • Pipeline connection • Site Suitability P a g e 5 | 35 Objection No. 9 The points of objection relate to the Date Received following issues: Mr David Hugh- • Environmental Impact Assessment 18/03/2020 Jones, • Appropriate Assessment Atlantic Shellfish • Water Quality and Shellfish Directive Limited, • Effluent dispersion modelling, flushing Rossmore, rate of the Great Island Channel and Carrigtwohill, pattern of water movements Co. Cork. • Alternatives, effluent treatments and discharge locations • Site Suitability and prematurity of the licence application • Performance of Midleton MWWTP, stormwater overflows and Rathcoursey outfall, and the pipeline connection Objection No. 10 The points of objection relate to the Date Received following issues: Dr Gordon Reid, • Environment Impact Assessment 18/03/2020 Green Party/ • Appropriate Assessment Comhaontas Glas, • Water Quality and Shellfish Directive Bracken, • Effluent Dispersion Modelling, Flushing Boardee, rate of the Great Island Channel Carrigaline, • Alternatives, effluent treatments and Co. Cork. discharge locations The Technical Committee wishes to clarify that any objection or submission on objection made to the Agency in relation to a licence