attn.: Laura Burke, Director General EPA, Gerard O’Leary, Director of the Office of Environmental Enforcement – Re: Application Moville Agglomeration – ref DO212-01

Attachments:
Newspaper notice.pdf
Reply Jorg Werthschulte.pdf
Approved List Of Newspapers – Inishowen Area.doc

From: endacraig
To:
CC:
Subject: attn.: Laura Burke, Director General EPA, Gerard O’Leary, Director of the Office of Environmental Enforcement – Re: Application Moville Agglomeration – ref DO212-01
Date: Mon, 16 Nov 2015 15:33:05 +0000

A Chara,

attn.: Laura Burke, Director General EPA, Gerard O’Leary, Director of the Office of Environmental Enforcement – Re: Application Moville Agglomeration – ref DO212-01

After several contacts with Ms. Yvonne English, EPA Inspector (Please see email chain below for this) I have now decided to put this issue to the EPA at the highest level.

I am writing to you concerning the issue of advertisement for planning notice for a waste water discharge licence in relation to Moville Agglomeration – ref DO212-01 as advertised in non-approved newspaper Donegal News in Januray 2009. Please see this in attachment called “Newspaper Notice.pdf”.

Please see attached letter called “Reply Jorg Werthschulte.pdf” demonstrating how a similar issue in the Inishowen peninsula was handled by the Department of Communications, Energy and Natural Resources. They apologised for the advertisement appearing in the wrong newspaper as stated in this excerpt from their letter from John King Department of Communications, Energy and Natural Resources to Mr Jorg Werthschulte on 27 July 2010.

On the 27 July 2010 Mr. John King, Assistant Principal Exploration & Mining Division Department of Communications, Energy and Natural Resources wrote:

Firstly, I would like to take this opportunity to apologise for the fact that the proposal was initially advertised in the Donegal Democrat. We were not aware that this paper did not circulate widely in the Inishowen area. However, when this was brought to our attention we arranged for the proposal to be re-advertised in the Inishowen Independent on 15th April, and the new date for receipt of objections was Thursday 6th May 2010.

This approach is surely in sharp contrast to the attitude of the EPA in relation to the similar situation in our case. The Department of Communications, Energy and Natural Resources is clearly following the rules established for everyone. This rule states:

9. An applicant, within the period of 2 weeks before the making of an application for the grant or review of a licence, shall –
(a) publish a notice, in accordance with Regulation 10, in a newspaper circulating in the area in which the discharge takes place or is to take place, of the intention to make the application and of the location of the discharge to which the application relates.

It can not be, that a private developer faces a more stringent regime than that of local government.

Either way the comparison demonstrates hypocrisy of the highest calibre on behalf of the EPA.

Having now brought this to your attention the fact that the proposal was advertised in a paper not on the official list of approved newspaper for the Inishowen Electorate, we expect you to arrange for the proposal DO212-01 to be re-advertised in a listed approved news paper. This would finally give the citzens of the area the right they are entitledto from the beginning of this process, the right to object.
Please see attachment called “Approved List Of Newspapers – Inishowen Area.doc” for approved list of newspapers circulating in the local area.

Until such times as the EPA deals with this issue in a similar fashion to the precedent outlined above by the Department of Communications, Energy and Natural Resources then the existing discharge licence application from the DCC will be considered invalid.

Yours sincerely,

Enda Craig CFCE

 

 

From: endacraig
To:
CC:
Subject: FW: Application Moville Agglomeration – ref DO212-01
Date: Wed, 11 Nov 2015 07:43:41 +0000

Dear Ms. English,

Thank you for your recent email response of the 9th inst.

Definition of circulate: To spread widely among persons or places: disseminate

The Donegal News had virtually zero copies ( no circulation ) for sale in the Moville/Greencastle area in Jan 2009 as against the nominated local papers ( see named papers on DCC website ) which sold hundreds in the locality.

That Donegal Co. Cl. deliberately advertised the mentioned discharge notice in a non-circulating paper ( while at the same time ignoring their own published list ) and thereby minimised the possibility of local people actually seeing it, was both cynical and unacceptable .

This can only be described as premeditated deception.

That the EPA would acquiesce with such behaviour is simply beyond belief.

The Community For a Clean Estuary group reserves the right to seek higher adjudication of the probity of this notice in the event of it being accepted by the EPA in its present form,

Yours sincerely,

Enda Craig Spokespeson CFCE

 

 

From:
To: endacraig
CC:
Subject: RE: Application Moville Agglomeration – ref DO212-01
Date: Mon, 9 Nov 2015 12:11:05 +0000

Dear Mr. Craig

I refer to your previous email and having reviewed the appropriate statutory instrument, I can advise that the requirement on an applicant for a waste water discharge licence to the Agency is as follows under Regulation 9(a) of S.I. No. 684 of 2007:

9. An applicant, within the period of 2 weeks before the making of an application for the grant or review of a licence, shall –
(a) publish a notice, in accordance with Regulation 10, in a newspaper circulating in the area in which the discharge takes place or is to take place, of the intention to make the application and of the location of the discharge to which the application relates.

I trust that this helps to clarify the regulatory burden on the applicant.

Best Regards
Yvonne English
*********************************************************
Inspector
Environmental Licensing Programme
Office of Climate, Licensing & Resource Use
Environmental Protection Agency
PO Box 3000
Johnstown Castle Estate
Co. Wexford

Telephone: 053 9170709
Fax: 053 9160699
Email: y.english@epa.ie
*********************************************************

 

 

From: Enda Craig
Sent: 03 November 2015 13:34
To:
Cc:
Subject: RE: Application Moville Agglomeration – ref DO212-01

Dear Ms English,

In the first instance i wish the email below to be considered as a here and now complaint and would respectfully request a respons e from the EPA addressing the points i have raised.

Additionally it can also be considered as a submission in respect of the defective/illegal application DO212-01

Best regards,

Enda Craig

From:
To: endacraig
Subject: RE: Application Moville Agglomeration – ref DO212-01
Date: Tue, 3 Nov 2015 12:56:29 +0000
Dear Mr. Craig

Can you please confirm if the email below is to be considered a submission on WWD licence application D0212-01 Moville.

Best Regards
Yvonne English
*********************************************************
Inspector
Environmental Licensing Programme
Office of Climate, Licensing & Resource Use
Environmental Protection Agency
PO Box 3000
Johnstown Castle Estate
Co. Wexford

Telephone: 053 9170709
Fax: 053 9160699
Email: y.english@epa.ie
*********************************************************

 

 

From: Enda Craig
Sent: 02 November 2015 08:05
To: Yvonne English; Licensing Staff
Cc:

Dear Ms English,

The Community For A Clean Estuary group, for the reasons mentioned below, considers the notice advertised by DCC in the Donegal News ( see attachment ) to be both defective and illegal.

This group requests that the EPA, who should have identified the defects in the first instance, now advises Irish Water that this application is null and void.

Also DCC should be asked to provide an explanation as to why this happened in the first instance,

Yours sincerely,

Enda Craig Spokesperson CFCE

COMMENT

Putting the ‘Application To Discharge’ notice in a newspaper that does not circulate locally ( and not included in their official list ) is a particularly cynical manoeuvre by the Donegal County Council.

In order to fulfill their statutory obligations they must forward a copy of the newspaper page, containing the notice, to the EPA.

As we have discovered here the EPA does not know the status of the forwarded newspaper page and accepts, in good faith, that it is above board.

There should be a sanction for this type of premeditated deception of both the local community and indeed the EPA.

Surely the EPA should insist that a copy of the ‘Newspaper List ‘ should accompany the Planning Application

Director of Services,
Water and Environment Section
Donegal Co Council
10th Sept. 2015
Carnagarve
Moville
Co Donegal
Attention of Mr Joe Peoples

Dear Mr Peoples,

Please see attached newspaper notice as appeared in the Donegal News on Fri 9th Jan 2009.
Two points of concern arise in relation to this notice which i am asking you to address,

1. Why was this notice advertised in a paper which is not included on Donegal Co. Cl’s official list of acceptable ‘ local circulating newspapers ‘ for the Moville/Greencastle area thus giving local residents virtually zero opportunity of proper access to information.

2. In the knowledge that DCC had not and to date neither has Irish Water applied for a discharge licence for the proposed Moville/Greencatle WWTP, why then was the following statement included in this notice ‘ A propsed discharge of Waste Water to Lough Foyle from an upgraded treatment works at Carnagarve (National Grid Ref. 262763 438553 )’

Yours sincerely,

Enda Craig Spokesperson Community For a Clean Estuary

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