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Augustus Cu SOLICITORS

Att: Brian Meaney,

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Environmental Protection Agency Head Quarters, PO Box 3000 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 6741 2 01 61 391 88 f 0404 69219 dx 46001 Wicklow e info@aclsolicitors.ie w www.aclsolicitors.ie

19 Ma) 201 5

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

Reference: P1016-01

5 i 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 24'h 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 Michael Boylan (Managing), David Lavelle (Notary), Gus Cullen, Joice Carthy, Geraldine Keehan, Jamie Hart. Consultants Gillian O'Connor, Jenny Garsden. Associates 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 . Orrnond Building, Ormond Quay Upper, Dublin 7. Rathdrum and Carnew VAT No IE 1292984P

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Augustus Cullen Law SOLICITORS 0

D M Burke, Solicitors, Proby House, St. Mary’s Road, Arklow, Co. Wicklow. D.X. 1 I01 0 Arklow

Our Ref: GC/SON/CASO51/1 Your Ref: DB/ACNVO01003 (1372) .

WITHOUT PREJUDICE

Re: Our Clients: Castle Street ResJents Your Client: Wicklow Port Company

Re: Air Pollution Complaints

thoughtful clear advice

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

24 October 2014

Dear Sirs,

We refer to your letter of 20” October last.

We have amended paragraph I 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.

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 . Consultants Laurence Cullen, Gillian OConnor Associates

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

Michele Caulfield (Senior), Damien Conroy, Suzanne Dowling, Ray Fitzpatrick. Clare Flavin, Jenny Garsden. Neil Kidd, Barbara Lydon, Conor Minogue, Adrian Neaty, Mary Ni Ghuairim. Emily Sexton

Branch offices Ormond Building, Ormond Quay Upper, Dublin 7. Ralhdrum and Carnew VAT No I€ 1292984P

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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. I

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Individual bales per shipment to be loaded on a first in, first out basis (with an acknowledgment that an arriving lony 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.

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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.

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 company.

7. Records and logs to be maintained and available for inspection via Wicklow County 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 22"d October next.

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

Yours faithfully

Augustus Cullen Law Email: shirley@aclsolicitors.ie

Partners Consultants Laurence Cullen. Gillian OConnor

Assoclates Mlchcle Caulfield (Senior), Damien Conroy, Suzanne Dowling, Ray Fltzpatrick, Clare Flavtn. Jenny Garsden,

Michael Boylan (Managing), David Lavelle (Notary), Gus Cullen, Joice Carthy, Geraldine Keehan. Jamle Hart Branch ofnceS Ormond Building. Ormond Quay Upper, Dublin 7 RathdWm and carnew VAT N o IE 1292984P

Neil Kidd. Barbara Lydon. Conor Minogue, Adrtan Neary, Mary NI Ghuatrtm, Emtly Sexton

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Shirley O'Neill

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

Case: CaseReference: ClientName:

Foul odour from bales of waste on North Quay CAS05 1/0001 Castle Street Residents

Without Prejudice < 1 Dear Shirley,

I have taken my clients instructions and confirm that as a gesture of good will in this matter they are prepared to l i t make a 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 & Civil Litigation

Proby House, St.Marys Road, Arklow, Co. Wicklow Tel: +353 402 24370 Fax: +353 402 24371 99 Up*per Georges St., Dun Laoghaire, Co. Dublin Tel : 01 2148662 Ema it:. dei rd re. bu rke @dm bu rke .ie

Facebbok : www.facebook.com/dmburkesolicitors

Internet Email, Confidentiality Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such a case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer do not consent to Internet email

1 for messages of this kind. Opinions, conclusions and other information in this message that do not relate to official business shall be understood as neither given nor endorsed.

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b \ Web: pww.deirdreburke.ie

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! I 1 -----Original Message-----

From: Shirley O'Neill [mailto:Shirley.O'Neill@aclsolicitors.ie] Sent: 24 October 2014 16:55 To: Deirdre Burke Cc: Gus Cullen Subject: Castle Street Residents v Wicklow Port Company

Please see letter attached. I 1

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1 . , If we get proper costs, we are instructed to se&.

Regards. \

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 692191 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

The information contained in this message and attachment is confidential. It may be privileged 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 authority express or implied to sign any note or memorandum on our client's behalf or to enter any binding agreement on behalf of our client and that our client shall not be contractually bound to dispose of any interest in property 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.

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0.96,r.2 (2) AIR POLLUTION ACT, 1987

Notice Of Application For An Order Under Section 28a(l)

District Court Area of Wicklow

District No. 16

John & Colette Murphy, 38 Castle Street, Wicklow Jim & Hazel Mercer, 36 Castle Street, Wicklow Mary Sharky, 24 Castle Street, Wicklow Claire Kinsella, 40 Castle Street, Wicklow Martina Carroll, 48 Castle Street, Wicklow Anita Redmond,-U Castlestreet, Wicklow Thomas Byrne, 20-Castle Street, Wicklow William & Mary Dlckenson, Castle Street, Wicklow A. Tatton, 19 Castle, Street, Wicklow Natasha Olohan, 12 Castle Street, Wicklow Tucker Dover, 8 Castle Street, Wicklow Myles Buchanan & Linda Fahy, 11 Monkton Row, Wicklow Dave Kavanagh & Sean Keating, 16 Monkton Row, Wicklow Dona1 Coulihan, 7 Monkton Row, Wicklow Colin Jameson, 8 Monkton Row, Wicklow Terry & Geraldine Sillery, 6 Monkton Row, Wicklow Mary Kavanagh & Claire Kavanagh, 4 Monkton Row, Wicklow Luke Lacey, 3 Monkton Row, Wicklow Annie Keogh & Paul Coates, Montezuma, 1 Monkton Row, Wicklow Kateryna McDonnell, 26 Monkton Row, Wicklow Ohla Jameson & Colin Jameson, Monkton Row, Wicklow Charles & Carmel Byrne, 17 Monkton Row, Wicklow Tommy Moran, 2 Castle Park, Wicklow John & Pauline Doyle, 4 Castle Park, Wicklow Reuben Dover, 9 St. Dominick's Road, Wicklow John Sillery, 6 Dunbur Terrace, Wicklow Tom Murphy, 6 St. Kevin's Terrace, Summerhill, Wicklow Mary O'Brien, Castle Park, Wicklow Norah O'Reilly, 3 Castle Park, Wicklow Amber Shannon, 6 Castle Park, Wicklow Pascal Moran, 4 Glenside Road, Wicklow Miriam Walker, 5 Castle Field, Wicklow Glen Dunne, 7 Castle Field, Wicklow Frances Quinn, 12 Castle Field, Wicklow Sarah Keogh, 3 Castle Field, Wicklow Christian Ronnlng, Dunbur, Wicklow Mary Corkish, 1 Castle Fleld, Wicklow Kathleen Sillery, 2 Castle Field, Wicklow Phil Redmond, 2 Castle Park, Wicklow Veronica Carroll, 9 Castle Street, Wicklow Michelle Kinsella, 12 Castle Street, Wicklow

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Stephanie Byrne, Castle Street, 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 ME. 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 Crlnion Park, 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 . North-Quay, Wicklow

Wicklow County Council, County Buildings, Wicklow

Applicants

Respondent

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.

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 to be held at The Courthouse at The Civic Centre, Main Street, Bray, Co. Wicklow on the Tuesday 24th June, 2014 at 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,

- 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,

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To :

And:

And:

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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 .

Sokitors for the Applicant 7 Wentworth Piace Wicklow

Wicklow Harbour Commissioners North Quay, Wicklow

Wicklow County Council County Buildings, Wicklow

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

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