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An application for a waste water discharge (WWD) certificate of authorisation (or review of a certificate) must satisfy legislative requirements, largely set out in the Waste Water Discharge (Authorisation) Regulations 2007, as amended.
An application for a WWD Certificate must be made on the specified application form and application form electronic monitoring tool in accordance with the guidance notes.
It should be noted that the process regarding the application for WWD licence (or the review of) a WWD licence is different. See Licensing Process Explained
The certificate application process involves a number of stages as outlined below:
The EPA facilitates pre-application consultation meetings with prospective applicants. Such meetings are held on request.
The content of the notices is set out in the Regulations.
This stage includes EPA assessment of the application.
In making an application, make sure to:
Use the specific application form, application form monitoring tool and answer all questions (guidance notes are available)
Attach all necessary supporting documentation (including fee)
We may request further information in accordance with the regulations.
Once we have acknowledged the application as complete, the Agency must make a make a decision on the application within four months.
The EPA, in arriving at its decision, considers the application and the report of its inspector.
The EPA is required to make a decision on an application within a period of 4 months from the date of receipt of a full application, however this period may be extended in certain circumstances.
The EPA notifies the applicant of the decision on the application, and makes it available for public inspection on its website.
Once a decision has issued, a Water Services Authority can apply to the High Court and seek a Judicial Review of the validity of the Decision. Please see Stage 4 below.
The Agency may amend a licence or certificate or revised licence or revised certificate for the purposes of -
Judicial Review of Environmental Protection Agency decisions under the provisions of the Waste Water Discharge (Authorisation) Regulations 2007 as amended A person wishing to challenge the validity of an EPA decision may do so by way of judicial review only. The validity of a decision taken by the EPA may only be questioned by making an application for Judicial Review under Order 84 of the Rules of the Superior Courts (as amended). The Rules of the Superior Courts and all relevant amendments can be found at www.courts.ie or www.irishstatutebook.ie
Regulation 34 of the Waste Water Discharge (Authorisation) Regulations 2007 (as amended) provides that any application for judicial review must be made within twenty eight days of the date on which the EPA issues either (1) the authorisation or (2) notification of a decision not to consider an application or to refuse.
Further information on Judicial Review in environmental and planning matters may be found at www.citizensinformation.ie (see http://www.citizensinformation.ie/en/environment/environmental_law/judicial_review_in_planning_and_environmental_matters.html) Disclaimer: The above is intended for information purposes. It does not purport to be a legal interpretation of the relevant provisions and it would be advisable for persons contemplating judicial review proceedings to seek independent legal advice.
Download the WWD Certificate of Authorisation application form and guidance note
For further information contact the Environmental Licensing Programme at:
Office of Climate, Licensing & Resource UsePO Box 3000Johnstown Castle EstateCounty Wexford
Tel: Locall 1890 33 55 99 OR 053 916 0600Fax: 053 916 0699Email: email@example.com
PO Box 3000 Johnstown Castle Estate Wexford, Y35 W821 053-916 0600Other EPA locations
© EPA 2017