Air pollution

Primary Legislation

The primary enabling legislation under which Limerick City Council undertakes statutory functions relating to air pollution is the Air Pollution Act, 1987. Click on the link below to view this Act.

http://www.irishstatutebook.ie/1987/en/act/pub/0006/index.html

Air Monitoring

Limerick City Council have three air monitoring stations where smoke and sulphur dioxide are continuously monitored:

• Moyross,
• Southill
• City Centre

Air quality in Limerick has never yet exceeded EU limits for these parameters.

Air Pollution and Nuisance Emissions

Section 24 of the Air Pollution Act, 1987 states that:

1) The occupier of any premises, other than a private dwelling, shall use the best practicable means to limit and, if possible, to prevent an emission from such premises.

(2) The occupier of any premises shall not cause or permit an emission from such premises in such a quantity, or in such a manner, as to be a nuisance.

Householders should note that 'backyard burning' of garden (or any other type of) waste can be construed to be a nuisance under the Act and that enforcement action can be taken by Limerick City Council accordingly.

Sale, Marketing and Distribution of 'Smoky' Fuels in Limerick City.

There are two statutory instruments which regulate the sale, marketing and distribution of bituminous coal in Limerick City.

The Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 1998.

http://www.irishstatutebook.ie/1998/en/si/0118.html

The Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2011.

http://www.irishstatutebook.ie/2011/en/si/0270.html

The 1998 Regulations declared Limerick City and surrounding locations (see below) to be a “restricted area” (extent described below), within which, the sale, distribution etc of solid fuel (including coal) having a sulphur content of greater than 2% by weight was controlled.

Section 3A of the 2011 Regulations reduced this threshold to 0.7%.

Please note also that under Section 4C of the 2011 Regulations, ALL fuel suppliers supplying bituminous coal for residential use in the state were required to register with the Environmental Protection Agency before 31^st December, 2011. Registration is free. For further information, please contact the Agency or refer to their website www.epa.ie

The 1998 Regulations continue to require suppliers to maintain a register in which the following is entered:

a) on the last day of every calendar month, details of the quantity of each of the following types fuel stored on their premises on that day (e.g. at the close of business).

• Any bag, bale or other unit of sale of solid fuel(including coal) having a sulphur content of greater than 0.7% by weight on a dry ash-free basis.
• Any coal having a gross calorific value greater than or equal to 24 Mega Joules per kilogramme on a moist ash-free basis, which contains more than 14% volatile matter by weight on a dry ash-free basis, or any admixture of such coal with any other coal or fuel.
• Any manufactured fuel containing the coal referred to above where this manufactured fuel contains more than 14% volatile matter by weight on a dry ash-free basis unless this fuel has a smoke emission rate of less than 10 grammes per hour.

b) on each trading day, details of transportation of the above types of fuel from their premises i.e. the name and address of the person/customer transporting the fuel, the quantity involved and the destination to which it is being transported (for burning). In practical terms, this means that suppliers must keep a register on which their customers' details are entered, if they are purchasing the above types of fuel.

What is the extent of the 'Restricted Area'?

The Limerick City 'restricted area' includes all of the administrative city of Limerick as well as suburbs under the jurisdiction of Limerick and Clare County Councils and contiguous townlands namely:

The following Co. Limerick townlands on the outskirts of Limerick City

• Eastern Environs – Ballysimon, Ballysimon (Dickinson), Banemore, Bohereen, Castletroy, Crabb's Land, Crossagalla, Dromroe, Garryglass, Kilbane, Newcastle, Monaclinoe, Newtown, Peafield, Reboge, Reboge Meadows, Rivers, Singland, Sreelane and Towlerton. (The above includes the built-up areas of Castletroy, Groody Valley, Milford and Monaleen etc.)
• Southern Environs - Ballycummin, Ballykeeffe, Baunacloka, Bunlicky, Castlemungret, Dooradoyle, Gouldavoher, Moneteen, Rathbane South, Rossbrien, Skehacreggaun and Sluggary. (The above includes the built-up areas of Dooradoyle, Gouldavoher and Raheen etc.)

The following Co. Clare townlands on the outskirts of Limerick City

• Athlunkard, Ballykeelaun, Fairyhill, Garraun, Gortatogher, Knockballynameath, Kilquane, Parteen and Quinspool South. (The above includes the built up areas of Parteen Village, Shannon Banks and Westbury etc.)    

(20111212 pog)