S.L. 549.122 Art. 13Obligations of the operator. 13

(1) Operators shall monitor emissions in accordance with Part 1 of the Third Schedule.

(2) For medium combustion plants using multiple fuels, the monitoring of emissions shall be done while firing a fuel or fuel mix that is likely to result in the highest level of emissions and during a period representing normal operating conditions.

(3) The operator shall keep a record of and process all monitoring results in such a way as to enable the verification of compliance with the emission limit values in accordance with the rules set out in Part 2 of the Third Schedule.

(4) For medium combustion plants using secondary abatement equipment in order to meet the emission limit values, the operator shall keep a record of, or information proving, the effective continuous operation of that equipment.

(5) (i) The operator of a medium combustion plant shall keep the following:

(a) the permit issued by the competent authority and, if relevant, its updated version and related information;

(b) the monitoring results and information referred to in sub-regulations (3) and (4);

(c) where applicable, a record of operating hours as referred to in regulations 12(1), 12(2) and 12(6);

(d) a record of the type and quantities of fuels used in the plant and of any malfunctions or breakdown of secondary abatement equipment;

(e) a record of the events of non-compliance and the measures taken, as referred to in sub-regulation (7).

(ii) The data and information referred to in sub-regulation 5 (b) to (e) shall be kept for a period of at least six years.

(6) The operator shall, without undue delay, make available the data and information listed in sub-regulation (5) to the competent authority upon its request. The competent authority shall also make such a request if a member of the public requests access to the data or information listed in sub-regulation (5).

(7) In the event of non-compliance with the emission limit values set out in the Second Schedule, the operator shall take the measures necessary to ensure that compliance is restored within the shortest possible time, without prejudice to the measures required under regulation 14. In the event of non-compliance the procedure referred to in regulation 14(6) shall apply.

(8) The operator shall provide the competent authority with all necessary assistance to enable it to carry out any inspections and site visits, to take samples and to gather any information necessary for the performance of its duties for the purposes of these regulations.

(9) The operator shall keep the periods of start-up and shut-down of the medium combustion plant as short as possible.