Augustus Cullen n Law SOLICITORS

Att: Brian Meaney, Environmental Protection Agency Head Quarters, PO Box 3000

L I Johnstown Castle Estate Co. Wexford.

Our Ref: GC/SON/CAS051/1 Your Ref: P1016-01

thoughtful clear advice

7 Wentworth Place, Wicklow, Ireland. t 0404 67412 01 6139188 f 0404 69219 dx 46001 Wicklow e info@aclsolicitors.ie w www.aclsolicitors.ie

\

19 May 2015

Re: Application to the EPA by Wicklow Port Compan for an Industrial Emissions Licence

Reference: P1016-01

, Dear Sirs,

We act for the Residents of Castle Street, Wicklow.

Please clarify what is this application for?

Please note that there is an Agreement in place with Wicklow Port Company that there is to be no long term storage of Refuse Derived Fuel (RDF) at Wicklow Port.

-, .

. "

We enclose a copy of the Agreement dated 24th October, 2014 together with a copy of the Court Application.

Can you please note our Clients objection to the above,

We will await hearing from you. ,

Yours faithfully

Augustus Cullen Augustus Cullen Law gus.cullen@aclsolicitors.ie

Partners Consultants Gillian OConnor, Jenny Garsden. Associates

Michael Boylan (Managing), David Lavelle (Notary). Gus Cullen, Joice Carthy, Geraldine Keehan, Jamie Hart.

Michele Caulfield (Senior),'Kathrina Bray, Damien Conroy, Suzanne Dowling. Ray Fitzpatrick. Clare Flavin, Marie Hynes, Neil Kidd, Barbara Lydon. Conor Minogue, Adrian Neary, Mary Ni Ghuairim. Emily Sexton

Branch offices Ormond Building. Ormond Quay Upper, Dublin 7. Rathdrum and Carnew VAT No IE 1292984P

,.. .

For

insp

ectio

n pur

pose

s only

.

Conse

nt of

copy

right

owne

r req

uired

for a

ny ot

her u

se.

EPA Export 12-06-2015:23:25:04

For

insp

ectio

n pur

pose

s only

.

Conse

nt of

copy

right

owne

r req

uired

for a

ny ot

her u

se.

EPA Export 12-06-2015:23:25:05

. I

I I' -

I I

!

Augustus Cullen Law SOLICITORS 0

D M Burke, Solicitors, Proby House, St. Mary's Road, Arklow, Co. Wicklow. D.X. 11 01 0 Arklow

Our Ref: GC/SON/CASO51/1 Your Ref: DB/AC/W001003 (1372)

WITHOUT PREJUDICE

thoughtful clear advice

7 Wentworth Place, Wicklow, Ireland. t 0404 67412 01 6139188 f 0404 69219 dx 46001 Wicklow e inio@aclsolicitors.ie w www.aclsolicitors.ie

24 October 2014

Re: Our Clients: Castle Street Res.,mts Your Client: Wicklow Port Company

Re: Air Pollutlon Complaints

Dear Sirs,

We refer to your letter of 20'" October last.

We have amended paragraph 1 as per your letter.

These are the terms as follows:-

Glass Cullet

1. The Glass Cullet will be covered at all times;

2. In the movement of Glass Cuilet from port to ship, a covered conveyor belt will be used for loading and also, a crane and grab which, when in use, will be used in accordance with the current industry standard of dampening to minimise the risk of dust emission.

- RDF

1. RDF is to move through Wicklow Port on a Just In Time (JIT) basis. The principle of JIT carriage of goods means that an approximate pro-rata portion of a full load of each shipment will be delivered quayside to Wicklow Port approximately two days in advance of the arrival of any ship. The principle of JIT carriage is that ideally the turnaround time shall be five days from when the first portion of the shipment is delivered to quayside to when the shipment departs from Wicklow Port. However it is recognised that circumstances may arise which require a window of a maximum of fourteen days.

Partners ' Michael Eoylan (Managing), David Lavelle (Notary). Gus Cullen. Joke Carthy, Geraldine Keehan, Jamie Hart. Consultants' Laurence Cullen, Gillian OConnor Associates Michele Caulfield (Senior), Damien Conroy, Suzanne Dowling, Ray Fitzpatrick, Clare Flavin, Jenny Garsden,

Neil Kidd, Barbara Lydon. Conor Minogue, Adrian Neary, Mary Ni Ghuairim, Emily Sexton

Branch Offlcer Ormond Building, Ormond Quay Upper, Oublin 7. Rathdrurn and Carnew VAT No IE 1292984P

For

insp

ectio

n pur

pose

s only

.

Conse

nt of

copy

right

owne

r req

uired

for a

ny ot

her u

se.

EPA Export 12-06-2015:23:25:05

Augustus Cullen Law SOLICITORS 0 thoughtful clear advice

Prior to any RDF being delivered to Wicklow there must be confirmation from the Carrier that a shipment has been booked and a TFS number confirmed must be in place prior to the delivery of the RDF.

There is to be no long term storage of RDF at Wicklow Port; storage is pending shipment; if any surplus RDF is left behind when the ship departs this is to be removed from the quayside.'

Individual bales per shipment to be loaded on a first in, first out basis (with an acknowledgment that an arriving lorry of bales may in fact be loaded in advance of, or simultaneously with, the first quayside delivery of bales).

2. Minor damaged bales may be rewrapped on site.

3. Damaged bales are to be logged and returned.

4. All bales to be sprayed morning and evening during summer months (May to August, inclusive), to reduce odour in compliance with EU and National Law, Industry best standards and conditions of any current Waste Permit.

I <

I

5. Port area will be cleaned after each cargo is loaded.

6. Quality control to be managed by both the shipping agent and the delivery

7. Records and logs to be maintained and available for inspection via Wicklow County

company.

Council in accordance with the permit, National Law and E.U. Law.

If we get proper costs we are instructed to settle and the Applicants will apply on consent to strike out their application on Tuesday the 22nd October next.

We will look forward to hearing from you as soon as possible

Yours faithfully

Gus Cullen Augustus Cullen Law Email: shirley@aclsolicitors.ie ,

I I

Partners Michael Boylan (Managing), David Lavelle (Notary), Gus Cullen. Joice Carthy, Geraldine Keehan, Jamie Hart Consultants Laurence Cullen, Gillian OConnor Assoclates Michcle Caulfield (Senior), Darnten Conroy, Suzanne Dowlmg, Ray Fltrpatrick, Clare Flavm, Jenny Garsden,

Neil Kidd. Barbara Lydon, Conor Minogue, Adrian Neary. Mary NI Ghuainm, Emlly Sexton

Branch Offices Ormond Building, Ormond Quay Upper, Dublin 7 Rathdmrn and Carnew VAT No I€ 1292984P

For

insp

ectio

n pur

pose

s only

.

Conse

nt of

copy

right

owne

r req

uired

for a

ny ot

her u

se.

EPA Export 12-06-2015:23:25:05

Shirlev O'Neill

Web: Facebook

From: Sent: To: cc: Subject:

www.deirdreburke.ie : www.facebook.com/dmburkesolicitors

Deirdre Burke < Deirdre.Burke@dmburke.ie> 24 October 2014 20:46 Shirley O'Neill Gus Cullen RE: Castle Street Residents v Wicklow Port Company

Case: CaseReference: CAS051/0001 ClientName: Castle Street Residents

Foul odour from bales of waste on North Quay

Without Prejudice < Dear Shirley,

I have taken my clients instructions and confirm that as a gesture of good will in this matter they are prepared to makela total contribution to costs in this matter in the amount of €2500.00 plus Vat. I would be obliged if you would take instructions in the matter and revert, prior to me responding to your attached letter.

Many thanks

Kind regards

Deirdre Burke D.M.Burke Solicitors Specialists in Family Law 81 Civil Litigation

\ I 1

For

insp

ectio

n pur

pose

s only

.

Conse

nt of

copy

right

owne

r req

uired

for a

ny ot

her u

se.

EPA Export 12-06-2015:23:25:05

. I * I If we get proper costs, we are instructed to settle.

Rega (ds. I

'\

Shirley

Shirley O'Neill I Augustus Cullen Law I Email: shirley@aclsolicitors.ie I Wicklow Office: 7 Wentworth Place, Wicklow I Tel: +353 (0)404 67412 I Fax: +353 (0)404 69219 I Dublin Office: Ormond Building, Ormond Quay Upper, Dublin 7 I Tel: +353 (0)16139188 I Web: www.aclsolicitors.ie

Winners of the Leinster Provincial Law Firm a t the Irish Law Awards 2012, 2013 and 2014 P .

..I

The information contained in this message and attachment is confidential. It may be privilegeG and protected from disclosure by law. It is for the intended recipient(s) only. If you are not the intended recipient, you are hereby notified that any use, including but not limited to the dissemination, distribution, disclosure, or copying, of this message or any attachment is strictly prohibited. If you are not the intended recipient, please notify us immediately and delete it from your computer system. No agreement or binding signature, express or implied, is authorized or intended by the above message unless this message expressly states it is to be a binding agreement. We have no authdrity express or implied to sign any note or memorandum on our client's behalf or to enter any binding agredment on behalf of our client and that our client shall not be contractually bound to dispose of any interest in propbrty or acquire any interest in same until such time as formal contracts have been executed by both parties, the deposit paid in full, and same have been exchanged.

4

2

For

insp

ectio

n pur

pose

s only

.

Conse

nt of

copy

right

owne

r req

uired

for a

ny ot

her u

se.

EPA Export 12-06-2015:23:25:05

Stephanie Byrne, Castle Stfeet, Wicklow Miley & Nancy Doran, 7 Castle Street, Wicklow Kathleen Randall, 5 Castle Street, Wicklow Ken McClean, 29b Castle Street;Wicklow PJ & Avril Sillery, 2 Castle Field, Wicklow Mrs. McCaul, 34 Castle Street, Wicklow Helen Seals, 33 Castle Street, Wicklow Robert Quinn, 16 Monkton ROW, Wicklow John McCaul, 17 Castle Street, Wicklow Margaret Reilly, 19 Crinion Pa;k, Wicklow Denis Lambert, 43 Crinion Park, Wicklow Christine Kearns, 22 Crinion Park, Wicklow Bernard Kavanagh, 6 Crinion Park, Wicklow Jim Doyle, 15 Crinion Park, Wicklow Mary Reilly, 34 Crinion Park, Wicklow

Wicklow Harbour Commissioners Applicants

North- Quay, Wicklow

Respondent I

Wicklow County Council, I

County Buildings, Wicklow Notice Party

WHEREAS the above-named applicants allege that there is an emission namely a foul odour from the bales of rotting waste left on the pier for shipping sometimes for 6 weeks from the premises at North Quay, Wicklow and also a dust emission from the glass cullet which is stored for shipment at North Quay, Wicklow in court area and district aforesaid, other than an emission under and in compliance with a licence granted under the above-mentioned Act or an emission in compliance with an emission limit value specified under section 51 of that Act or an emission which is in accordance with directions specifying best practicable means issued by the Minister for the Environment under subsection (3) of section 5 of that Act,

AND WHEREAS the above-named applicants shall ground said application on the repeated complaints of residents to Wicklow County Council.

I

AND WHEREAS the above-named respondent is the occupier of the said premises,

TAKE NOTICE that the applicants will apply at the sitting of the District Court t o be held at The Courthouse at The Civic Centre, Main Street, Bray, Co. Wicklow on the Tuesday 24th June, 2014 a t 10.30am for an order under subsection (1) of section 28A (inserted by the third schedule to the Environmental Protection Agency Act, 1992) of that Act requiring you, the respondent, to do one or more of the following,

I

- to terminate the emission, or

- to mitigate or remedy any effects of the emission, or . - to pay to the applicant or such other person as may be specified in the order a specified amount to defray all or part of any costs incurred In investigating,

For

insp

ectio

n pur

pose

s only

.

Conse

nt of

copy

right

owne

r req

uired

for a

ny ot

her u

se.

EPA Export 12-06-2015:23:25:05

. . . . . I

~

I

\

mitigating or remedying the effects of the emission, and the applicant estimates that the .costs of complying with such an order would not exceed the monetary Jurisdiction of this Honourable Cou,rt .

Solicitors for the Applicant 7 Wentworth Place Wicklow

To: Wicklow Harbour Commissioners North Quay, Wicklow

And: Wicklow County Council County Buildings, Wicklow

And: The District Court Clerk The Courthouse Civic Centre Main Street Bray, Wicklow

For

insp

ectio

n pur

pose

s only

.

Conse

nt of

copy

right

owne

r req

uired

for a

ny ot

her u

se.

EPA Export 12-06-2015:23:25:05