63.—(1) Where the Agency (the EPA) is of opinion that a local authority has failed to perform a statutory function of that authority in relation to environmental protection, or has performed that function in an unsatisfactory manner, the Agency may request a report within a specified period from the authority in relation to the matter and the local authority shall comply with the request.
Under the AIE Regs to request a list of all EPA requests made to local authorities under Section 63 of the Environmental Protection Agency Act 1992 for 2020, 2021 and 2022 to date
Under the Act these requests are made where a local authority has failed to perform a statutory function of that authority in relation to environmental protection, or has performed that function in an unsatisfactory manner
Trá na mBuailte, Cill Éinne (EN19/103) and An Pointe, Cill Éinne (EN21/033), Inis Mór
Galway CoCo. enforcement file numbers
48GV+H6X Frenchman’s Beach, County Galway
48JG+GQX Upper Kilronan, County Galway
To request under the AIE Regs copies of any records related to two unlicensed quarry operations (as above)
Daithi O Murchu Marine Research Station (formally UCC Aquatic Farm (211))
Allihies Seafood Ltd. (formerly Tower Aqua Products Ltd)
Minister for Arts Culture & Gaeltacht
Westlodge Hotel Ltd.
Murphys irish seafood Ltd
Bantry Bay Seafoods Ltd(Now Keohanes)
Murphy’s Stores Berehaven (formerly Dermot Murphy)
Ummera Smoked Products Ltd
Murnane & O’Shea Ltd
Department of Agriculture Food & the Marine
Carol Barrett t/a Dunmore House Hotel
Cork Co-Operative Marts Ltd
Darrara Muintir na Tire Community Council Ltd
Barley Cove Holiday Park Ltd
Westbourne Grove Limited(Seaview House Hotel)
Fastnet Mussels Ltd/Bantry Bay
Copeen Sand & Gravel
Bantry Bay Mussels Ltd.
Murnane & O’Shea Ltd
Eugene & Helena Hickey
South West Aquaculture Limited
John J Fleming Construction Company (in receivership)The Lawn, Castleownshend
Durrus Cheese Ltd
Kilsaran Concrete t/a Kisaran Build
Essentra Packaging Ireland Ltd. (formerly Guy & Co. Ltd.)
Bill Kirby (William and Mona Kirby)
Board of Management Ovens National School
Ruden Homes Ltd
Irish Amateur Rowing Union
Glor na dTonn Ballinspittle (440)(GND Management)
The Island Crematorium Ltd
Department of Defence
Ballyburden Meat Processors Ltd
Joseph O’Donovan Decesed(Reps of Joseph O’Donovan)
Lagan Bitumen Limited
Bishopscourt Residential Care Ltd
Innishannon House Hotels Ltd
Dromleigh National School
Inis Ban Ltd t/a Cramers Court Nursing Home
Ballinora Mngt Comp Ltd.(Waterfall) (1009) p
Bandon Misneach Holdings Ltd(Denver Motors)
Claim Management Solutions Ltd
Liam & Linda West
Gobnait O’Callaghan (Martin O’Callaghan)
John J Flemming Construction ( In Receivership)
Cois Fota Owners Mgmt
Knockfargal Ltd. (formerly)Elmsdale Ltd.(Clayton) McdonaldsKinsale Hotel
Leonard Fitzgerald, Aidan Logan, Dan Byrne
Screed Developments Ltd
Mary Ann Lordan
Dunboy Construction & Property Developers Limited
ESB Energy International
Castle Rock Homes (Innishannon) Ltd
Castlepark (Kinsale) Residents Association Ltd
EMC Information Systems International
Citidwell Homes Ltd
John J Fleming Construction Company (in receivership)(Earls Well)Ballymah, Waterfall
Electricity Supply Board
Ashbourne Holdings Ltd
University College Cork
Nutrition Supplies and Services Limited
Knockraha WWTP Company Ltd
East Cork Oil Limited
Spike Island Development Company Ltd
Sandy Lane Construction Ltd
Tim & Darina Allen
Ard Abhainn Treatment Plant Ltd
Irish Distillers Ltd
Michael & Katheryn Burke
Ballycotton Seafood Ltd
Redbarn Services Ltd
Fota Wildlife Park
Trabolgan Holiday Centre
Cobh Golf Club
Derek & Lorraine Walshe T/A The Elm Tree Bar
Ticknock Service Centre Ltd
Adrian Buckley & Mary Buckley
National Craft Ltd
Lagan Materials Ltd.
Kearys of Mallow Unlimited Company
Ducon Concrete Ltd
(Formally Neotech Investments Ltd)Glenmar Shellfish Ltd
Corbett Court Restaurant Ltd
Douglas Valley Fish (Kilworth Macroney)
Trustees of Mallow GAA
Abbeylands Nursing home & Alzheimers Unit Ltd
Roadstone Wood Ltd
Mallow General Hosiptal
Kostal Ireland GmbH
Texoil Ltd.(John Brosnan (Liscarrol)(736) West Cork Oil Co. Ltd.
Donal Hennessy(Top Mac’s Place)
John O’Connor & Sons Distribution Ltd
Millstreet Equestrian Services Ltd
Watergrasshill Business Park & Mgmnt Co Ltd
Department of Defence
Board of Management Glenahulla National School
Lidl Ireland GmbH
Ducon Concrete Ltd
Horgans Delicatessen Supplies Limited
Douglas Valley Hatchery Ltd.
Jimnoe Ltd(Jim O’Connell)
Ilen Seafoods Ltd
Springfort Hall Hotel Ltd
Nua Healthcare Services Ltd
McSweeney Bros. Quarries Ltd
This document provides key EPA recommendations for Local Authorities to consider when carrying out Strategic Environmental Assessment (SEA) of land-use plans at county and local level. It also includes information on recently published EPA reports and links to other relevant resources.
3 December 2021
Reason for Inspection
Complaint received from Rural Water in relation to contamination of drinking water (well supply) supply serving 3 houses and land connection, contamination possible because of works on nearby forestry.
The Derrynahimmirk stream rises from agricultural land to South and discharges through the felled zone where, beyond the forestry site, it converges with the Glenaniff River before discharging to Lough Melvin. Due to the Glenaniff River’s drop from High to Good Status it forms part of the Blue Dot Catchments Programme, a collaborative initiative for the protection and restoration of rivers and lakes that have deteriorated since the 1st River basin management cycle in 2007.
One river crossing point was noted, its construction appears degraded with the stream clogged either side and lush grown in the stream. Sections of the stream are laden with sediment. At the lowest point of the site the stream is wider and faster flowing and the natural course has been altered by timber, brash and debris obstructing the flow path. Logs and timber debris were noted in the river further upstream. Damage was also noted to a small number of native trees within the buffer zone of the Derrynahimmirk Stream
Site Inspection Photos
Correspondence with Coillte
Source: An Overview of Ireland’s Fifth Nitrates Action Programme
On average, approximately 3,400 Nitrates related inspections are undertaken on farms across Ireland each year by local authority and Department of Agriculture, Food and the Marine (DAFM) personnel.
The level of compliance with the requirements of the GAP regulations varies from county to county but it is generally considered to be low, relative to compliance with other national legislation.
Submissions received during three consultation stages on Nitrates Action Programme, and discussions with local authority personnel suggests that reform of the overall enforcement of the GAP regulations is required to:
– Further improve compliance levels,
– Ensure local authorities are adequately resourced,
– Prioritise targeting of high-risk areas.
Not expected that there will be significant changes to the enforcement powers of authorised personnel within the GAP regulations
National local authority agricultural inspection programme will be put in place by local authorities and the Environmental Protection Agency (EPA) that includes:
a) undertaking a review of the local authority inspection programme to be completed every four years.
b) developing, in consultation with other appropriate bodies, a National Agricultural Inspection Programme to include recommending, and potentially, directing local authorities on where to prioritise inspections using a risk-based approach taking water quality data and other environmental risk factors into consideration.
c) local authorities keeping appropriate records and submitting these to the EPA annually.
d) The EPA, local authorities and the Department of Agriculture, Food and the Marine identifying the necessary training needs for all personnel carrying out farm Inspections.
In 2022, the Department of Housing, Local Government and Heritage will issue a Circular to the EPA and local authorities providing more detail on the National Agricultural Inspection Programme.
A key focus of the Programme will be ensuring that follow up-inspections of non-compliant farms are undertaken, enforcement notices are issued and cases are prosecuted where necessary.
Steps will also be taken to ensure that all non-compliant farms are cross-reported to DAFM which will result in penalties.
Separately, an assessment of resources within the water environment functional area of local authorities, and specifically the agricultural inspection programme is ongoing by the County and City Management Association and will be included as a measure under the 3rd Cycle River Basin Management Plan.
These activities will build on work being undertaken by the EPA, local authorities and other members of the Network for Ireland’s Environmental Compliance and Enforcement (NIECE).
In addition DAFM has committed to increasing their nitrates derogation inspection programme from 5% of all derogation farms to 10% of all derogation farms on an annual basis. This is to be done using a risk based approach and additional risk category/categories will be added to ensure targeting in the most at risk areas.
County and City Management Association (CCMA), a review of the wider local authority structures is now under way to inform this evolution and identify the appropriate level of resources and involvement required from the sector to meet WFD objectives.
Note: the assessment of resources within the water environment functional area of local authorities specifically includes the agricultural inspection programme
Also: In 2022, the Department of Housing, Local Government and Heritage will issue a Circular to the EPA and local authorities providing more detail on the National Agricultural Inspection Programme. A key focus of the Programme will be ensuring that follow up-inspections of non-compliant farms are undertaken, enforcement notices are issued and cases are prosecuted where necessary. Steps will also be taken to ensure that all non-compliant farms are cross-reported to DAFM which will result in penalties.
Pre AIE: mentioned in Draft River Basin Management Plan 2022-2027, also mentioned by some local authority environmental officers in relation to EPA reviewing lack of resources allocated to water vs to waste. Email to firstname.lastname@example.org to request details on WFD objectives review by CMMA (13/3/22)