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The EPA has issued guidance on the licensing of emissions to groundwater. This comes on foot of the requirements of the European Communities Environmental Objectives (Groundwater) Regulations, 2010 (S.I. No. 9 of 2010) (Groundwater Regulations). Prior to these Regulations the applicable instrument was usually a Section 4 licence under the Local Government (Water Pollution) Acts 1977-1990. However the approach to the licensing of discharges to ground has been extremely inconsistent.

Ireland has been taken to the ECJ (European Court of Justice) by the Commission on many occasions for breaches of EU environmental legislation. To date cases have been settled prior to the imposition of any fines. However Ireland is getting closer to the imposition of fines as a number of cases are now at Stage Two of enforcement proceedings.

In June 2011 the Department of the Environment, Community and Local Government published a discussion document ‘Altering the Structure of Household Waste Collection Markets’. The main policy change involves ‘franchise bidding’ from waste companies for the right to collect waste in a particular Local Authority area. The current system allows waste companies to offer services wherever they see fit. In some areas this gives residents the option of a number of providers and has in general brought more competition and keener pricing.

For facilities that are generally compliant with environmental legislation, one of the areas in which they are most exposed is in relation to waste management. In the event of a problem regarding a waste contractor, media coverage will focus on the well known companies that have used the contractor as opposed to the lesser known contractor. We believe that industrial facilities may be exposed for the following reasons;