PART 1 General

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Environmental Permitting (England and Wales) Regulations 2016 and come into force 21 days after the day on which these Regulations are made.

(2) These Regulations extend to England and Wales only.

(3) They apply in relation to—

(a)England and the sea adjacent to England out as far as the seaward boundary of the territorial sea, and

(b)^M8Wales, within the meaning given by section 158 of the Government of Wales Act 2006 .

(4) In paragraph (3)(a), the sea adjacent to England is so much of the sea adjacent to Great Britain as—

(a)is not the sea adjacent to Scotland, and

(b)does not form part of Wales.

^M9(5) In paragraph (4)(a), the sea adjacent to Scotland has the same meaning as the internal waters and territorial sea of the United Kingdom adjacent to Scotland has by virtue of section 126(2) of the Scotland Act 1998 .

Interpretation: general

2.—(1) In these Regulations—

^M10 “ the 1980 Act ” means the Highways Act 1980 ;

^M11 “ the 1990 Act ” means the Environmental Protection Act 1990 ;

^M12 “ the 1991 Act ” means the Water Resources Act 1991 ;

^M13 “ the 1993 Act ” means the Radioactive Substances Act 1993 ;

^M14 “ the 1995 Act ” means the Environment Act 1995 ;

^M15 “ the 2007 Regulations ” means the Environmental Permitting (England and Wales) Regulations 2007 ;

^M16 “ the 2010 Regulations ” means the Environmental Permitting (England and Wales) Regulations 2010 ;

“ the Agency ” means the Environment Agency;

^M17 “ agricultural waste ” means waste from premises used for agriculture within the meaning of the Agriculture Act 1947 ;

“ appropriate agency ” means—

and references to the “ area ” of an appropriate agency are to be construed accordingly;

“ appropriate authority ” means—

“ Category A mining waste facility ” means a mining waste facility that is classified as Category A under Article 9 of the Mining Waste Directive;

“ class ”, in relation to a regulated facility, is to be construed in accordance with regulation 8;

“ coastal waters ” has the meaning given in section 104 of the 1991 Act;

[^F1 “combustion plant” means any technical apparatus in which fuels are oxidised in order to use the heat generated; ^F1]

“ confidential information ” means information that is commercially or industrially confidential in relation to any person;

“ culvert ” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25;

“disposal”—

“ drainage ” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

“ effluent ” has the same meaning as in the 1991 Act;

“ emission ” means—

“ enforcement notice ” means a notice served under regulation 36;

“ enforcement undertaking ” has the meaning given in paragraph 1(3) of Schedule 26;

[^F3 “ environmental objectives ” means—

“ environmental permit ” has the meaning given in regulation 13(1);

“ environmental permit condition ” means a condition of an environmental permit;

“ establishment ” has the same meaning as in the Waste Framework Directive;

[^F4 “ EU-derived domestic legislation ” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018 ; ^F4]

“ excluded flood risk activity ” has the meaning given in paragraph 4 of Part 1 of Schedule 25;

“ excluded waste operation ” means any part of a waste operation not carried on at an installation or by means of Part B mobile plant—

“ exempt facility ” has the meaning given in regulation 5;

“ exempt flood risk activity ” has the meaning given in regulation 5;

“ exempt groundwater activity ” has the meaning given in regulation 5;

“ exempt waste operation ” has the meaning given in regulation 5;

“ exempt water discharge activity ” has the meaning given in regulation 5;

“ exemption authority ” has the meaning given in paragraph 2 of Schedule 2;

“ exemption registration authority ” has the meaning given in paragraph 2 of Schedule 2;

“ existing mining waste facility ” means a mining waste facility in operation on 1st May 2008;

“ extractive waste ” means waste within the meaning of Article 2(1) of the Mining Waste Directive, except where it is excluded from the scope of that Directive by Article 2(2)(a) and (b);

“ flood defence structure ” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

“ flood risk activity ” has the meaning given in paragraph 3 of Part 1 of Schedule 25;

“ flood risk activity emergency works notice ” means a notice served under paragraph 7 of Part 1 of Schedule 25;

“ flood risk activity notice of intent ” means a notice served under paragraph 9(2) of Part 1 of Schedule 25;

“ flood risk activity remediation notice ” means a notice served under paragraph 8 of Part 1 of Schedule 25;

“ groundwater ” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

“ groundwater activity ” has the meaning given in paragraph 3 of Schedule 22;

[^F5 “ groundwater mobile plant ” means plant that is—

[^F5 “ groundwater Source Protection Zone 1 ” means a zone—

“ hazardous substance ” has the meaning given in paragraph 4 of Schedule 22;

“hazardous waste”, subject to paragraph (7)—

^M23 “ highway drain ” means a drain which a highway authority or other person is entitled to keep open by virtue of section 100 of the 1980 Act ;

“ household waste ” has the meaning given in section 75(5) of the 1990 Act;

“ inland freshwaters ” has the meaning given in section 104 of the 1991 Act;

“ installation ” has the meaning given in paragraph 1(1) of Part 1 of Schedule 1;

“ lake or pond ” and “ waters of any lake or pond ” have the same meaning as in section 104 of the 1991 Act;

“ landfill ” has the meaning given in paragraph 2(1)(d) of Schedule 10;

“ landfill closure notice ” means a closure notice served under paragraph 10 of Schedule 10;

“ local authority ” [^F6 , except in Schedule 1A, ^F6] has the meaning given in regulation 6;

“ main river ” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

[^F7 “medium combustion plant” has the meaning given in paragraph 2(1) of Schedule 25A; ^F7]

“ mining waste facility ” has the meaning given in paragraph 2(1) of Schedule 20;

“ mining waste facility closure notice ” means a closure notice served under paragraph 10 of Schedule 20;

“ mining waste operation ” has the meaning given in paragraph 2(1) of Schedule 20;

[^F8 “mobile medium combustion plant” means a medium combustion plant that is—

[^F5 “ mobile plant ”, in relation to England, means any of the following—

“ mobile plant ” [^F9 , in relation to Wales, ^F9] means [^F10 any ^F10] of the following—

“ mobile radioactive apparatus ” has the meaning given in paragraph 1 of Part 2 of Schedule 23;

“ the NRBW ” means the Natural Resources Body for Wales;

“ net rated thermal input ” has the meaning given in paragraph 1(1) of Part 1 of Schedule 1;

“non-hazardous waste”, subject to paragraph (7), means waste which is not hazardous waste;

“ non-tidal main river ” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

“ nuclear site ”, in relation to a radioactive substances activity, has the meaning given in paragraph 1 of Part 2 of Schedule 23;

“operate a regulated facility” and “operator” have the meaning given in regulation 7;

“ Part A(1) activity ” means an activity falling within Part A(1) of any Section in Part 2 of Schedule 1;

“ Part A(2) activity ” means an activity falling within Part A(2) of any Section in Part 2 of Schedule 1;

“ Part A installation ” means a Part A(1) installation or a Part A(2) installation;

“ Part A(1) installation ” means an installation where a Part A(1) activity is carried on either alone or in combination with any or all of the following—

“ Part A(2) installation ” means an installation where a Part A(2) activity is carried on either alone or in combination with any or all of the following—

“ Part B activity ” means an activity falling within Part B of any Section in Part 2 of Schedule 1;

“ Part B installation ” means, subject to [^F12 paragraph (8) and to ^F12] Sections 2.2, 5.1 and 6.4 in Part 2 of Schedule 1, an installation, not being a Part A installation, where a Part B activity is carried on either alone or in combination with either or both of the following—

“ Part B mobile plant ” means plant that is designed to move or be moved whether on roads or other land and that is used to carry on a Part B activity;

[^F5 “ pollutant ”, in relation to England, means any—

“ pollutant ” [^F13 , in relation to Wales, ^F13] means any substance liable to cause pollution;

[^F5 “ pollution ”, in relation to England, in relation to a water discharge activity or groundwater activity, means the direct or indirect introduction, as a result of human activity, of substances, heat or biological entities or micro-organisms into air, water or land which may—

“ pollution ” [^F14 , in relation to Wales, ^F14] in relation to a water discharge activity or groundwater activity, means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may—

“pollution”, other than in relation to a water discharge activity or groundwater activity, means any emission as a result of human activity which may—

“ prescribed statutory provision ” means—

“ prohibition notice ” means a notice served under paragraph 9 of Schedule 22;

“ proposed transferee ” means the person to whom an operator or a regulator proposes to transfer an environmental permit in whole or in part;

“ public participation provisions ” means regulations 26, 29 and 60, and paragraphs 6 and 8 of Part 1 of Schedule 5;

“ public register ” has the meaning given in regulation 46(1);

“ radioactive material ” has the meaning given in paragraph 3 of Part 2 of Schedule 23;

“ radioactive substances activity ” has the meaning given in paragraph 11 of Part 2 of Schedule 23;

“ radioactive substances exemption ” means an exemption under Part 6 of Schedule 23 from the requirement for an environmental permit in respect of a radioactive substances activity;

“ radioactive waste ” has the meaning given in paragraph 3 of Part 2 of Schedule 23;

“ recovery ” has the meaning given in paragraph 2 of Part 1 of Schedule 9;

“register” and “ registered ”, in relation to an exempt facility, have the meanings given in paragraph 1(1) of Schedule 2;

“ regulated facility ” has the meaning given in regulation 8;

“ regulator ” means the authority on whom functions are conferred by regulation 32, or by a direction under regulation 33;

“ regulator-initiated variation ” means the variation of an environmental permit on the initiative of the regulator under regulation 20(1);

“ relevant function ” has the meaning given in regulation 9;

“ relevant territorial waters ” has the meaning given in section 104(1) of the 1991 Act;

“ remote defence ” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25;

“ revocation notice ” means a notice served under regulation 22(3);

“ river control works ” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25;

“ rule-making authority ” means—

“ sea defence ” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25;

“ sewage effluent ” has the meaning given in section 221 of the 1991 Act;

“ sewer ” has the same meaning as in the 1991 Act;

“ small waste incineration plant ” means a waste incineration plant or waste co-incineration plant with a capacity less than or equal to 10 tonnes per day for hazardous waste or 3 tonnes per hour for non-hazardous waste;

“ solvent emission activity ” means an activity to which Chapter V of the Industrial Emissions Directive applies;

[^F15 “specified generator” has the meaning given in paragraph 2(1) of Schedule 25B; ^F15]

“ standard facility ” means a regulated facility described in standard rules published under regulation 26(5);

“ stand-alone flood risk activity ” means a flood risk activity that is not carried on as part of the operation of a regulated facility of another class;

“ stand-alone groundwater activity ” means a groundwater activity that is not carried on as part of the operation of a regulated facility of another class;

“ stand-alone water discharge activity ” means a water discharge activity that is not carried on as part of the operation of a regulated facility of another class;

“ suspension notice ” means a notice served under regulation 37;

“ tidal main river ” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

“ trade effluent ” has the meaning given in section 221 of the 1991 Act;

“undertaking”, except in relation to a radioactive substances activity, has the same meaning as in the Waste Framework Directive;

“vessel”, except in Section 2.2 of Chapter 2 of Part 2 of Schedule 1 and in paragraph 14 of Part 2 of Schedule 23, has the same meaning as in the 1991 Act;

“waste”, subject to paragraph (6), and except where otherwise defined—

“waste battery” and “accumulator” have the meaning given in Article 3(7) of the Batteries Directive, but do not include any waste which is excluded from the scope of that Directive by Article 2(2);

“ waste co-incineration plant ” means a stationary or mobile technical unit whose main purpose is the generation of energy or production of material products and which uses waste as a regular or additional fuel or in which waste is thermally treated for the purpose of disposal through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated;

“ waste incineration plant ” means a stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated;

“ waste mobile plant ” means plant that is—

“ waste oil ” means mineral-based lubricating or industrial oil which has become unfit for the use for which it was originally intended and, in particular, used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil;

“ waste operation ” means recovery or disposal of waste;

“ watercourse ” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

“ water discharge activity ” has the meaning given in paragraph 3 of Schedule 21;

“ WEEE ” has the meaning given in Article 3(1)(e) of the WEEE Directive;

[^F18 “ the WFD Regulations ” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 ; ^F18]

“ working day ” means a day other than—

(2) In paragraph (1), “ statutory order ” means any order, byelaw, scheme or award made under any enactment, including an order or scheme confirmed by Parliament or the National Assembly for Wales, or brought into operation in accordance with special parliamentary procedure or special procedure in the Assembly.

(3) For the purpose of calculating a period of time from one event to another event, that period—

(a)starts at the beginning of the day on which the first event occurs, and

(b)ends at the end of the day on which the second event occurs.

(4) In these Regulations, a power to give a direction includes a power to vary or revoke it.

(5) Paragraph (6) applies where a person (“A”)—

(a)carries on a radioactive substances activity described in paragraph 11(2)(b) or (c) or (4) of Part 2 of Schedule 23 in respect of radioactive waste,

(b) is exempt under regulation 12(3) from the requirement for an environmental permit in respect of that activity and that waste (“the relevant exemption”), and

(c) the waste (“the applicable radioactive waste”) is—

(i)NORM waste (as that term is defined in paragraph 2 of Part 6 of Schedule 23), or

(ii)the waste described in the first, second or sixth row of column 1 of Table 6 in Part 6 of Schedule 23.

(6) Where this paragraph applies, for so long as the relevant exemption applies to A, the applicable radioactive waste must be treated for the purposes of these Regulations as if it were waste other than radioactive waste.

(7) In relation to an activity that falls within Chapter 5 of Part 2 of Schedule 1 or Schedule 13, hazardous waste means waste which displays any of the characteristics listed in Annex III to the Waste Framework Directive.

[^F19 (8) From the transfer date any medium combustion plant or specified generator does not form part of a Part B installation unless the operation of the plant is itself a Part B activity.

(9) In paragraph (8), “transfer date” has the meaning given in regulation 32(5C). ^F19]

Interpretation: Directives

3. In these Regulations—

“ the Asbestos Directive ” means Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos ^M28[^F20 , as read in accordance with paragraph 1 of Schedule 1A ^F20] ;

[^F21 “the Basic Safety Standards Directive” means Council Directive 2013/59/Euratom laying down basic safety standards for the protection against the dangers arising from exposure to ionising radiation ^F21][^F22 , as read in accordance with paragraph 2 of Schedule 1A ^F22] ;

“ the Batteries Directive ” means Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators^M29[^F23 , as last amended by Directive (EU) 2018/849 ^F23][^F24 , as read in accordance with paragraph 3 of Schedule 1A ^F24] ;

“ the End-of-Life Vehicles Directive ” means Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles ^M30[^F25 , as last amended by Commission Delegated Directive (EU) 2020/363 ^F25][^F26 , as read in accordance with paragraph 4 of Schedule 1A ^F26] ;

“ the Energy Efficiency Directive ” means Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency ^M31[^F27 , as read in accordance with paragraph 5 of Schedule 1A ^F27] ;

^F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“ the Industrial Emissions Directive ” means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) ^M32[^F30 , as read in accordance with paragraph 6 of Schedule 1A ^F30] ;

“ the Landfill Directive ” means Council Directive 1999/31/EC on the landfill of waste^M33[^F31 , as last amended by Directive (EU) 2018/850 ^F31] , as read with Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of, and Annex II to, Directive 1999/31/EC ^M34[^F32 , and in accordance with paragraph 7 of Schedule 1A ^F32] ;

[^F33 “the Medium Combustion Plant Directive” means Directive 2015/2193/EU of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants ^F33][^F34 , as read in accordance with paragraph 8 of Schedule 1A ^F34] ;

“ the Mining Waste Directive ” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries ^M35[^F35 , as read in accordance with paragraph 9 of Schedule 1A ^F35] ;

“ PVR I ” means European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations ^M36[^F36 , as read in accordance with paragraph 10 of Schedule 1A ^F36] ;

“ PVR II ” means Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations ^M37[^F37 , as read in accordance with paragraph 11 of Schedule 1A ^F37] ;

“ the Waste Framework Directive ” means Directive 2008/98/EC of the European Parliament and of the Council on waste[^F38 , as last amended by [^F39 Directive (EU) 2018/851 ^F39,F38]] [^F40 , and as read in accordance with paragraph 12 of Schedule 1A ^F40] ;

“ the Water Framework Directive ” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy ^M38[^F41 , as read in accordance with paragraph 13 of Schedule 1A ^F41] ;

“ the WEEE Directive ” means Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) ^M39[^F42 , as last amended by Directive (EU) 2018/849 ^F42][^F43 , as read in accordance with paragraph 14 of Schedule 1A ^F43] .

Exempt facilities and the application of section 33(1)(a) of the 1990 Act

4.—(1) Schedule 2 (exempt facilities: general) has effect.

(2) Schedule 3 (exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions) has effect.

^M40(3) Section 33(1)(a) of the 1990 Act —

(a)does not apply to an operation which—

(i)falls within a description in Part 5 of Schedule 3, and

(ii)meets the conditions specified in that Part for that description, and

(b)does not apply to extractive waste at any time before the requirement for an environmental permit under regulation 12 applies in respect of the deposit of that waste.

Interpretation: exempt facilities

5. In these Regulations—

“ exempt facility ” means—

“ exempt flood risk activity ” means a flood risk activity that meets the requirements of paragraph 9 of Schedule 2;

“ exempt groundwater activity ” means—

“ exempt waste operation ” means a waste operation—

“ exempt water discharge activity ” means a stand-alone water discharge activity that meets the requirements of—

Interpretation: local authority

6. —(1) In these Regulations, [^F44 except in Schedule 1A, ^F44] “ local authority ” means—

(a)in England outside Greater London—

(i)a district council,

(ii)where there is a county council but no district council, the county council, or

(iii)the Council of the Isles of Scilly;

(b)in Greater London—

(i)the council of a London borough,

(ii)the Common Council of the City of London,

(iii)the Sub-Treasurer of the Inner Temple, or

(iv)the Under-Treasurer of the Middle Temple;

(c)in Wales—

(i)a county council, or

(ii)a county borough council.

^M41(2) Where a port health authority has been constituted for a port health district by an order under section 2 of the Public Health (Control of Disease) Act 1984 that authority is the local authority for the area covered by that district in relation to a Part B installation, a small waste incineration plant or a solvent emission activity.

Interpretation: operate a regulated facility and operator

7. In these Regulations—

“ operate a regulated facility ” means—

“ operator ”, in relation to a regulated facility, means—

Interpretation: regulated facility and class of regulated facility

8. —(1) In these Regulations, “ regulated facility ” means any of the following—

(a)an installation;

(b)mobile plant;

(c)a waste operation;

(d)a mining waste operation;

(e)a radioactive substances activity;

(f)a water discharge activity;

(g)a groundwater activity;

(h)a small waste incineration plant;

(i)a solvent emission activity;

(j)a flood risk activity.

[^F46 (k)a medium combustion plant;

(l)a specified generator^F46]

(2) But the following are not regulated facilities—

(a)an exempt facility;

(b)an excluded waste operation;

(c)the disposal or recovery of household waste from a domestic property within the curtilage of that property by a person other than an establishment or undertaking;

(d)an excluded flood risk activity.

(3) In these Regulations, a reference to a class of regulated facility is a reference to a class in paragraph (1).

(4) A regulated facility of any of the following classes may be carried on as part of the operation of a regulated facility of another class—

(a)a waste operation;

(b)a mining waste operation;

(c)a water discharge activity;

(d)a groundwater activity;

(e)a small waste incineration plant;

(f)a solvent emission activity;

(g)a flood risk activity.

[^F47 (h)a medium combustion plant;

(i)a specified generator^F47]

Interpretation: relevant function

9. In these Regulations, “ relevant function ” means any of the following functions—

(a)determining an application—

(i)for the grant of an environmental permit under regulation 13(1);

(ii)for the variation of an environmental permit under regulation 20(1);

(iii)for the transfer of an environmental permit in whole or in part under regulation 21(1);

(iv)for the surrender of an environmental permit in whole or in part under regulation 25(2);

(b)varying an environmental permit—

(i)on the initiative of the regulator under regulation 20(1);

(ii)in relation to a transfer in whole or in part under regulation 21(1) or (3);

(iii)in relation to a partial revocation under regulation 22(1);

(iv)in relation to a partial surrender under regulation 24(2) or 25(2);

(c)revoking an environmental permit in whole or in part under regulation 22(1);

(d)exercising the power to serve a notice under Schedule 21 or 25 requiring a person to hold an environmental permit;

(e)exercising the following powers or duty—

(i)any power in relation to standard rules in Chapter 4 of Part 2;

(ii)the duty to vary an environmental permit after revocation of standard rules in regulation 30(3);

(f)exercising any of the following powers relating to enforcement—

(i)the power to serve an enforcement notice;

(ii)the power to serve a suspension notice;

(iii)the power to serve a prohibition notice;

(iv)the power to serve a landfill closure notice;

(v)the power to serve a mining waste facility closure notice;

(g)exercising the power to serve a flood risk activity emergency works notice, a flood risk activity notice of intent or a flood risk activity remediation notice;

(h)exercising the power to take steps under paragraph 9(1) of Part 1 of Schedule 25.

Giving notices, notifications and directions, and the submission of forms

10. —(1) In this regulation, “ instrument ” means a notice, notification, certificate, direction or form under these Regulations.

(2) An instrument must be in writing.

(3) An instrument may be served on or given to a person by—

(a)personal delivery,

(b)leaving it at the person's proper address, or

(c)sending it by post or electronic means to the person's proper address.

(4) In the case of a body corporate, an instrument may be served on or given to a director of that body or the secretary or clerk.

(5) In the case of a partnership, an instrument may be served on or given to a partner or a person having control or management of the partnership business.

(6) In paragraph (3), “ proper address ” means—

(a)in the case of a body corporate, a director of the body or the secretary or clerk—

(i)the registered or principal office of that body, or

(ii)the email address of the director, secretary or clerk;

(b)in the case of a partnership or a partner or person having control or management of the partnership business—

(i)the principal office of the partnership, or

(ii)the email address of a partner or a person having that control or management;

(c)in any other case, a person's last known address, which includes an email address.

(7) For the purposes of paragraph (6), the principal office of a company registered outside the United Kingdom or of a partnership established outside the United Kingdom is their principal office in the United Kingdom.

(8) A form provided by the regulator which specifies an electronic address for submission may be submitted electronically to that address.

(9) A form provided by the regulator for completion and submission through a website may be submitted through that site.

PART 2 Environmental permits

CHAPTER 1 Application to the Crown and requirement for an environmental permit

Application to the Crown

11. Schedule 4 (application of these Regulations to the Crown) has effect.

Requirement for an environmental permit_cross-notes

12.—(1) A person must not, except under and to the extent authorised by an environmental permit—

(a)operate a regulated facility, or

(b)cause or knowingly permit a water discharge activity or groundwater activity.

[^F48 (1A) Paragraph (1)(a) does not apply in relation to the operation of a medium combustion plant, mobile medium combustion plant or a specified generator comprising—

(a)a new medium combustion plant, before 20th December 2018;

(b)an existing medium combustion plant with a rated thermal input greater than 5 megawatts, before 1st January 2024;

(c)an existing medium combustion plant with a rated thermal input of less than or equal to 5 megawatts, before 1st January 2029;

(d)a specified generator, before the permitting date,

unless that medium combustion plant, mobile medium combustion plant or specified generator, is required to have a permit by virtue of forming part of another class of regulated facility.

(1B) For the purposes of paragraph (1A)—

(a) “existing medium combustion plant” and “new medium combustion plant” have the meanings given in paragraph 2(1) of Schedule 25A;

(b) “permitting date” has the meaning given in paragraph 3(2) of Schedule 25B. ^F48]

(2) Paragraph (1)(b) does not apply if the water discharge activity or groundwater activity is an exempt facility.

(3) In respect of a radioactive substances activity, paragraph (1) does not apply to a person to whom a radioactive substances exemption applies for that activity.

(4) Paragraph (5) applies to a person (“A”) who—

(a) receives radioactive waste from another person (“B”) for the purposes of A disposing of that waste, and

(b)subsequently disposes of that waste.

(5) Where this paragraph applies, A does not require an environmental permit—

(a)for the receipt of waste from B, where B holds an environmental permit which allows B to dispose of the waste to A, or

(b)for the subsequent disposal of that waste by A, where the waste is disposed of in accordance with the permit held by B.

CHAPTER 2 Grant of an environmental permit

Grant of an environmental permit

13. —(1) On the application of an operator, the regulator may grant the operator a permit (an “environmental permit”) authorising—

(a)the operation of a regulated facility, and

(b)that operator as the person authorised to operate that regulated facility.

(2) Regulation 17 applies in relation to the grant of a single permit authorising the operation of more than one regulated facility by the same operator.

(3) Part 1 of Schedule 5 applies in relation to an application for the grant of an environmental permit.

Content and form of an environmental permit

14.—(1) An environmental permit must specify—

(a)the regulated facility whose operation it authorises, and

(b)the operator of that regulated facility.

(2) An environmental permit that authorises the operation of a regulated facility (“regulated facility A”) need not specify any regulated facility of another class that is carried on as part of the operation of regulated facility A.

(3) An environmental permit may be in electronic form.

(4) An environmental permit must include a map, plan or other description of the site showing the geographical extent of the site of the regulated facility.

(5) But if there is more than one regulated facility on the site, the map, plan or other description need show only the combined extent of all the facilities.

(6) Paragraphs (4) and (5) do not apply to an environmental permit authorising—

(a)the operation of mobile plant, or

[^F49 (aa)the keeping of radioactive material or the accumulation or removal of radioactive waste under paragraph 11(2) of Part 2 of Schedule 23, where—

(i)the activity is described in standard rules published under regulation 26(5); and

(ii)the permit authorises the carrying on of that activity at more than one site; or^F49]

(b)the carrying on of a radioactive substances activity described in paragraph 11(5) of Part 2 of Schedule 23.

Conditions in relation to certain land

15.—(1) Conditions in an environmental permit may require the operator to carry out works or do other things in relation to land which the operator is not entitled to do or carry out without obtaining the consent of another person.

(2) If an environmental permit contains such a condition, the person whose consent is required must grant the operator such rights as are necessary to enable the operator to comply with the condition.

(3) Part 2 of Schedule 5 (compensation) applies where such rights are granted.

(4) Conditions in an environmental permit authorising the carrying on of a flood risk activity have effect as a local land charge where those conditions—

(a)in accordance with the power in paragraph 6 of Part 1 of Schedule 25, relate to—

(i)the operation or maintenance of any structure or works, or

(ii)access to any structure, works or watercourse by the regulator, and

(b)are expressed to apply from time to time.

(5) Where the Agency proposes to grant an application in relation to a flood risk activity in England subject to a condition which has effect in accordance with paragraph (4), the regulator must give notice of the proposed condition and the period within which representations on the proposed condition are to be made (which period must not expire less than 20 days after the day on which the notice is served) to—

(a)the landowner, lessee and occupier, where none is the applicant;

(b)the landowner and lessee, where the occupier is the applicant;

(c)the landowner and occupier, where the lessee is the applicant;

(d)the lessee and occupier, where the landowner is the applicant.

(6) Where the NRBW proposes to grant an application in relation to a flood risk activity in Wales subject to a condition which has effect in accordance with paragraph (4), the regulator must not issue the relevant permit unless the applicant has demonstrated to the satisfaction of the regulator that consent for that permit to be issued subject to such a condition has been given by—

(a)the landowner, lessee and occupier, where none is the applicant;

(b)the landowner and lessee, where the occupier is the applicant;

(c)the landowner and occupier, where the lessee is the applicant;

(d)the lessee and occupier, where the landowner is the applicant.

(7) In paragraphs (5) and (6), “ landowner ” means the person, other than a mortgagee not in possession, who—

(a)is receiving the rack rent of the land, whether on the person's own account or as agent or trustee for another person, or

(b)would receive the rack rent if the land were let at a rack rent.

Mobile plant operating on the site of another regulated facility: conflict of permit conditions

16. If—

(a) an environmental permit (“permit A”) authorises the operation of mobile plant on the site of another regulated facility the operation of which is authorised under a separate environmental permit (“permit B”), and

(b)there is an inconsistency between the requirements imposed by permit A and those imposed by permit B,

the requirements imposed by permit B prevail.

Single site permits etc.

17.—(1) Except as otherwise provided by this regulation, a regulator may not authorise the operation of more than one regulated facility under a single environmental permit.

(2) The regulator may authorise, under a single environmental permit, the operation by the same operator—

(a)of more than one mobile plant,

(b)of more than one radioactive substances activity described in paragraph 11(5) of Part 2 of Schedule 23,

(c)of more than one regulated facility on the same site,

(d)of more than one standard facility on more than one site,

(e)of more than one flood risk activity on more than one site, or

(f)of more than one radioactive substances activity described in paragraph 11(6) of Part 2 of Schedule 23 on more than one site, where all such activities are in respect of the use or potential use of the same premises for underground disposal (within the meaning of paragraph 11(7) of that Schedule).

[^F50 (g)of more than one medium combustion plant on more than one site,

(h)of more than one specified generator on more than one site,

(i)of more than one Part B installation that contains at least one medium combustion plant on more than one site^F50]

(3) But if a groundwater activity is carried on as part of a radioactive substances activity by the same operator on the same site, the regulator must authorise the carrying on of the groundwater activity under the same environmental permit that authorises the carrying on of the radioactive substances activity.

Consolidation of an environmental permit

18.—(1) Paragraph (2) applies if the same operator is authorised by more than one environmental permit to operate—

(a)more than one mobile plant,

(b)more than one flood risk activity on the same site or on more than one site,

(c)more than one standard facility, or

(d)more than one regulated facility on the same site.

(2) The regulator may replace the environmental permits (“old permits”) with a consolidated environmental permit—

(a)applying to the same regulated facilities, and

(b)subject to the same conditions that applied to the old permits, but varied as the regulator thinks fit.

(3) The regulator may replace a consolidated environmental permit (“old permit”) with two or more environmental permits ( “ new permits ” ).

(4) Each of the new permits is subject to whichever conditions of the old permit are relevant, varied as the regulator thinks fit.

(5) The regulator may replace a single environmental permit (“old permit”) which has been varied with a consolidated environmental permit subject to the same conditions that applied to the old permit.

(6) A variation made by a regulator under this regulation—

(a)is taken to be a regulator-initiated variation under regulation 20(1), and

(b)may only be made in accordance with regulation 20.

(7) Paragraphs 17 to 19 of Part 1 of Schedule 5 apply in relation to the decision to make a regulator-initiated variation and the notification of such a decision.

Subsistence of an environmental permit

19. Once granted, an environmental permit continues in force until—

(a)it is revoked in whole in accordance with regulation 22,

(b)it is surrendered in whole in accordance with—

(i)regulation 24, or

(ii)regulation 25 and Part 1 of Schedule 5,

(c)it is replaced with a consolidated permit in accordance with any of the following—

(i)regulation 18(2);

(ii)regulation 22(5);

(iii)paragraph 19(2) of Part 1 of Schedule 5, or

(d)it ceases to have effect in accordance with regulation 71(3) or (4).

CHAPTER 3 Variation, transfer, revocation and surrender of an environmental permit

Variation of an environmental permit

20.—(1) The regulator may vary an environmental permit on the application of the operator or on its own initiative.

(2) A variation under this regulation must not reduce the extent of the site of a regulated facility.

(3) Paragraph (2) does not apply if the variation relates to any part of an environmental permit (or if applicable, the whole permit) that authorises the operation of a regulated facility of the following description—

(a)a Part B installation, except to the extent that it relates to a waste operation;

(b)a stand-alone water discharge activity or stand-alone groundwater activity.

(4) With respect to any part of an environmental permit (or if applicable, the whole permit) that authorises the carrying on of a stand-alone water discharge activity, a regulator must not, without the agreement of the operator, on its own initiative—

(a)within 4 years after the grant of the permit, vary any condition of the permit that relates to the water discharge activity, or

(b)within 4 years after the variation of a condition of the permit that relates to the water discharge activity, further vary that condition.

(5) Paragraph (4) does not apply if—

(a)the regulated facility is a standard facility,

(b)the regulator, on its own initiative, varies an environmental permit, or any condition of a permit, in order to comply with—

(i)an obligation [^F51under [^F52 assimilated^F52] law^F51] , or

(ii)a direction given by the appropriate authority under regulation 62, or

(c)the regulator, on its own initiative, varies an environmental permit, or any condition of a permit, in consequence of a transfer or partial transfer of an environmental permit under regulation 21.

(6) Part 1 of Schedule 5 applies in relation to an application for the variation of an environmental permit or a proposal to vary an environmental permit on the initiative of the regulator under paragraph (1).

(7) With respect to any part of an environmental permit (or if applicable, the whole permit) that authorises the carrying on of a stand-alone flood risk activity, the regulator must not, without the agreement of the operator, of its own initiative vary any condition of the permit that relates to the flood risk activity unless—

(a)in the opinion of the regulator, the circumstances in which the activity is or is to be carried on have changed such that any of the objectives in paragraph 5 of Part 1 of Schedule 25 would no longer be met, and

(b)in the case of a variation that relates to an activity that involves any construction or works, the variation relates to aspects of the construction or works which have not yet been completed.

(8) Paragraph (7) does not apply if the regulator, of its own initiative, varies an environmental permit, or any condition of a permit, in order to comply with—

(a)an obligation [^F53under [^F54 assimilated^F54] law^F53] , or

(b)a direction given by the appropriate authority under regulation 62.

Transfer of an environmental permit

21.—(1) The regulator may transfer to a proposed transferee an environmental permit or any part of an environmental permit—

(a)if the operator is one individual (A) and the regulator is satisfied that A cannot be found, on the application of the proposed transferee only,

(b)if the operator is two or more individuals (A and B) and the regulator is satisfied that A cannot be found, on the joint application of B and the proposed transferee, or

(c)otherwise, on the joint application of the operator and the proposed transferee.

(2) Part 1 of Schedule 5 applies in relation to an application for the transfer of an environmental permit in whole or in part.

(3) Paragraph (1) does not apply to an environmental permit (or any part of a permit) that authorises the carrying on of a stand-alone water discharge activity, stand-alone groundwater activity or a stand-alone flood risk activity.

(4) The regulator may transfer to a proposed transferee an environmental permit to which paragraph (1) does not apply, or any part of that permit—

(a)if the operator is one individual (A) and the regulator is satisfied that A cannot be found, on the notification of the proposed transferee only,

(b)unless sub-paragraph (c) applies, if the operator is two or more individuals (A and B) and the regulator is satisfied that A cannot be found, on the joint notification of B and the proposed transferee,

(c)if the operator is two or more individuals (A and B) and the proposed transferee is two or more individuals (B and C), where B is both an operator and a proposed transferee—

(i)on the joint notification of A and C, or

(ii)if the regulator is satisfied that A cannot be found, on the notification of C only, or

(d)otherwise, on the joint notification of the operator and the proposed transferee.

(5) A notification must—

(a)be made on the form provided by the regulator,

(b)include such information as is specified on the form, and

(c)specify a date on which the transfer is to take place, which must be not less than 20 working days after the date on which the notification is given.

(6) A transfer following a notification takes effect on the date specified in the notification.

(7) In the case of a partial transfer following a notification, the regulator must grant a new environmental permit to the transferee subject to the same conditions as the original permit, varied in consequence of the partial transfer.

(8) If—

(a)an enforcement notice or a suspension notice is in force in respect of an environmental permit, and

(b)the permit is transferred to another person, either in whole or in part,

the duty to comply with the enforcement notice or, as the case may be, the suspension notice is also transferred to the other person to the extent that it relates to the permit or part transferred.

(9) Unless a proposed transferee makes a joint application or gives a joint notification, the regulator may not transfer to the proposed transferee an environmental permit or any part of an environmental permit in respect of a regulated facility that ceased to be in operation more than 6 months before the proposed date of transfer.

Revocation of an environmental permit: general

22.—(1) The regulator may revoke an environmental permit in whole or in part.

(2) If the regulator revokes an environmental permit in part, it may vary the permit conditions to the extent that it considers necessary to take account of the revocation.

(3) Where the regulator decides to revoke an environmental permit it must serve a notice on the operator specifying—

(a)the reasons for the revocation,

(b)in the case of a partial revocation—

(i)the extent to which the environmental permit is being revoked, and

(ii)any variation to the conditions of the environmental permit, and

(c)the date on which the revocation will take place, which must not be less than 20 working days after the date on which the notice is served.

(4) Unless the regulator withdraws a revocation notice, an environmental permit ceases to have effect on the date specified in the notice—

(a)in the case of a revocation in whole, entirely,

(b)in the case of a partial revocation, to the extent of the part revoked.

(5) In the case of a partial revocation, the regulator may replace the environmental permit with a consolidated environmental permit reflecting the variation.

(6) Any variation made by a regulator under this regulation—

(a)is taken to be a regulator-initiated variation under regulation 20(1), and

(b)may only be made in accordance with regulation 20.

(7) Paragraphs 17 to 19 of Part 1 of Schedule 5 apply in relation to the decision to make a regulator-initiated variation and the notification of such a decision.

(8) Where an environmental permit authorises in whole or in part an operation which becomes an exempt operation, that part of the permit which authorises the exempt operation is revoked on the date that the operation is registered as an exempt operation.

(9) In paragraph (8), “operation” means a waste operation, stand-alone water discharge activity or stand-alone groundwater activity.

Revocation of an environmental permit: steps to be taken after the revocation takes effect

23.—(1) This regulation applies where the regulator has decided to revoke an environmental permit, or part of a permit, and the regulator considers that, after the revocation takes effect, it is appropriate for the operator to take steps—

(a)to avoid a pollution risk resulting from the operation of the regulated facility, or

(b)to return the site of the regulated facility to a satisfactory state, having regard to the state of the site before the facility was put into operation.

(2) But this regulation does not apply if the revocation relates to any part of an environmental permit (or if applicable, the whole permit) that authorises the operation of a regulated facility of the following description—

(a)a Part B installation, except to the extent that it relates to a waste operation;

(b)mobile plant;

(c)a stand-alone water discharge activity or stand-alone groundwater activity.

(3) If the operator is already required to take the steps mentioned in paragraph (1) under the environmental permit, the revocation notice must specify the regulator's view under paragraph (1) and state that paragraph (4) applies.

(4) The environmental permit continues to have effect to the extent that it requires the steps to be taken until the regulator issues a certificate stating that it is satisfied that all the steps have been taken.

(5) If the operator is not already required to take the steps mentioned in paragraph (1) under the environmental permit, the revocation notice must specify the regulator's view under paragraph (1) and the steps to be taken.

(6) If paragraph (5) applies, unless the regulator issues a certificate stating that it is satisfied that all the steps have been taken, the steps must be treated as if they were conditions of an environmental permit for the purposes of—

(a)regulation 20,

(b)regulation 36, and

(c)the offence in regulation 38(2).

Notification of the surrender of an environmental permit

24.—(1) This regulation applies to any part of an environmental permit (or if applicable, the whole permit) that authorises the operation of a regulated facility of the following description or class—

(a)a Part B installation, except to the extent that it relates to a waste operation;

(b)mobile plant;

(c)a solvent emission activity;

(d)[^F55 in relation to Wales,^F55] a stand-alone water discharge activity or stand-alone groundwater activity;

(e)a stand-alone flood risk activity, except where the environmental permit has been granted subject to a condition that is to operate beyond the time when the activity is complete.

[^F56 (f)a medium combustion plant;

(g)a specified generator^F56]

[^F57 (h)in relation to England, a stand-alone water discharge activity or stand-alone groundwater activity other than a discharge to a well or borehole—

(i)which is used for hydrocarbon exploration or extraction, and

(ii)which intersects a hydrocarbon formation.^F57]

(2) By notification to the regulator, the operator may surrender that part of an environmental permit (or if applicable, the whole permit) to which this regulation applies.

(3) A notification must—

(a)be made on the form provided by the regulator,

(b)include such information as is specified in the form, and

(c)specify the date on which the surrender is to take place, which—

(i)in all cases, must not be less than 20 working days after the date on which the notification is given, and

(ii)in the case of a stand-alone flood risk activity where the regulator has specified in the environmental permit a date by which the activity must be completed, must not be earlier than the day after that date.

(4) Subject to paragraph (7), the environmental permit ceases to have effect on the date specified in the notification to the extent specified there.

(5) Paragraphs (6) and (7) apply to a partial surrender if the regulator considers it necessary to vary the environmental permit conditions to take account of that surrender.

(6) The regulator must serve a notice on the operator specifying—

(a)the regulator's view under paragraph (5),

(b)the variation, and

(c)the date the variation takes effect.

(7) If the date specified in the notice under paragraph (6)(c) is later than the date specified in the notification under paragraph (3)(c), the variation and partial surrender both take effect on the later date.

Application for the surrender of an environmental permit_cross-notes

25.—(1) This regulation applies to an environmental permit, or any part of a permit, to which regulation 24 does not apply.

(2) By application to the regulator, an operator may surrender an environmental permit, or that part of a permit, to which this regulation applies.

(3) Part 1 of Schedule 5 applies in relation to an application for the surrender of an environmental permit in whole or in part.

CHAPTER 4 Standard rules

Preparation and revision of standard rules

26.—(1) A rule-making authority may prepare standard rules for such regulated facilities as are described in those rules.

(2) In preparing or revising standard rules the authority must consult—

(a)such persons as it considers are representative of the interests of communities likely to be affected by, or persons operating, the regulated facilities described in the rules, and

(b)such other persons as it considers are likely to be affected by or have an interest in the rules.

(3) But the duty in paragraph (2) does not apply in relation to revisions which comprise only minor administrative changes.

(4) The authority must keep under review all standard rules published by it under this regulation and revise those rules when it considers necessary.

(5) The authority must publish on its website all standard rules prepared or revised by it under this regulation.

(6) The duty in paragraph (2) may be satisfied by a consultation carried out partially or wholly before the coming into force of these Regulations.

Standard rules as conditions of an environmental permit

27.—(1) This regulation applies where a rule-making authority has published standard rules under regulation 26(5).

(2) At the request of the operator of a standard facility the regulator may include in the environmental permit authorising the operation of the facility a term providing that the relevant rules are conditions of the permit.

(3) If the regulator includes such a term, the relevant rules are conditions of the permit for the purposes of these Regulations, but there is no right of appeal under regulation 31 in relation to such a condition or the relevant rules.

(4) In this regulation, “ relevant rules ” means the standard rules which apply to the standard facility.

Notification of revisions of standard rules

28.—(1) This regulation applies where the rule-making authority proposes to revise standard rules under regulation 26(4).

(2) Before the rule-making authority complies with regulation 26(5), the regulator must notify any operator who holds a relevant environmental permit—

(a)of the proposed revisions,

(b)of the date when the revised rules will be published and when they take effect (in accordance with paragraph (3)), and

(c)that on the date the revised rules take effect they will become conditions of the environmental permit.

(3) The revised rules take effect—

(a)in relation to a relevant environmental permit, 3 months after the date when the revised rules are published under regulation 26(5), except where the revisions comprise only minor administrative changes (in which case they take effect in accordance with sub-paragraph (b));

(b)in any other case, when published under regulation 26(5).

(4) In this regulation, “ relevant environmental permit ” means an environmental permit which will be affected by the proposed revisions.

Revocation of standard rules

29. The rule-making authority may revoke standard rules, but before doing so must consult the persons referred to in regulation 26(2).

Variation of an environmental permit: revocation of standard rules

30.—(1) This regulation applies to an environmental permit which includes a standard rules term if the standard rules applying by virtue of that term are revoked by the regulator.

(2) The revoked rules continue to have effect until the regulator varies the permit under paragraph (3).

(3) As soon as reasonably practicable after the revocation of the rules, the regulator must vary the permit so as to—

(a)remove the standard rules term, and

(b)include such alternative conditions as it considers appropriate.

(4) In this regulation, “standard rules term” means a term of the type mentioned in regulation 27(2).

CHAPTER 5 Appeals in relation to environmental permits

Appeals to an appropriate authority

31.—(1) Subject to paragraphs (2) and (3), the following persons may appeal to the appropriate authority—

(a)a person whose application is refused;

(b)a person who is aggrieved by a decision to impose an environmental permit condition following that person's application;

(c)a person who is aggrieved by a decision to impose a condition on an environmental permit held by that person—

(i)as a result of a regulator-initiated variation, or

(ii)to take account of the partial transfer, partial revocation or partial surrender of that environmental permit;

(d)a person who is aggrieved by the deemed withdrawal under paragraph 4(2) of Part 1 of Schedule 5 of that person's duly-made application;

(e)a person who is aggrieved by a decision relating to an environmental permit held by that person not to authorise the closure procedure mentioned in—

(i)Article 13 of the Landfill Directive after a request referred to in Article 13(a)(ii) of that Directive, or

(ii)Article 12 of the Mining Waste Directive after a request referred to in Article 12(2)(b) of that Directive;

(f)a person on whom an enforcement notice, a revocation notice, suspension notice, prohibition notice, landfill closure notice, mining waste facility closure notice, flood risk activity emergency works notice, flood risk activity notice of intent or flood risk activity remediation notice is served.

(2) Paragraph (1) does not apply where—

(a)the relevant decision or notice implements a direction of the appropriate authority given under—

(i)regulation 62(1),

(ii)regulation 63(1) or (6), or

(iii)paragraph (6) of this regulation, or

(b)an application for the grant or variation of an environmental permit in relation to a Category A mining waste facility that is an existing mining waste facility is refused pursuant to paragraph 14(2) of Schedule 20.

(3) Paragraph (1)(f) does not apply to the extent that a revocation notice or suspension notice is served because of a failure to pay a charge prescribed in a scheme made under regulation 66(1) in respect of the subsistence of an environmental permit.

(4) On the determination of an appeal in respect of a notice, the appropriate authority—

(a)may quash or affirm the notice, and

(b)if it affirms the notice, may affirm it with or without modifications.

(5) When determining an appeal in respect of a decision, the appropriate authority has the same powers as the regulator had when making the decision.

(6) On the determination of an appeal in respect of a decision, unless the appropriate authority affirms the decision the authority must direct the regulator to give effect to its determination when sending a copy of it to the regulator under paragraph 6(2)(a) of Schedule 6.

(7) Except as otherwise provided by this regulation—

(a)an appeal does not have the effect of suspending a decision or notice; but

(b)if an appeal is brought against a revocation notice, the notice does not take effect until the final determination or the withdrawal of the appeal.

(8) Subject to paragraph (11), paragraph (7)(b) does not apply if the revocation notice—

(a)relates to any part of an environmental permit (or if applicable, the whole permit) that authorises the carrying on of a stand-alone water discharge activity, and

(b)states that, in the opinion of the regulator, the revocation is necessary for the purpose of preventing or, where that is not practicable, minimising, pollution.

(9) If an appeal is brought under paragraph (1)(c)(i) in respect of a decision to impose a condition on an environmental permit in relation to a stand-alone water discharge activity, the imposition of the environmental permit condition does not take effect, subject to paragraphs (10) and (11), until the final determination or the withdrawal of the appeal.

(10) Paragraph (9) does not apply if the notice effecting the decision includes a statement that, in the opinion of the regulator, the imposition of the condition is necessary for the purpose of preventing or, where that is not practicable, minimising, pollution.

(11) If the appropriate authority, on the application of the appellant, determines that the regulator acted unreasonably in excluding the application of paragraph (7)(b) or (9), then—

(a)if the appeal is still pending at the end of the day on which the determination is made, paragraph (7)(b) or (9) applies to the decision or notice from the end of that day,

(b)the appellant is entitled to recover compensation from the regulator in respect of any loss suffered in consequence of that exclusion, and

(c)any dispute as to a person's entitlement to such compensation or as to the amount of it is to be determined by a single arbitrator appointed—

(i)by agreement between the parties to the dispute, or

(ii)in the absence of agreement, by the appropriate authority.

(12) Schedule 6 (appeals to the appropriate authority) has effect in relation to the making and determination of appeals under this regulation.

(13) In this regulation—

“ application ” has the meaning given in paragraph 1 of Part 1 of Schedule 5;

“ person ” includes a person to whom an environmental permit is transferred after—

PART 3 Discharge of functions in relation to a regulated facility

Discharge of functions

32.—(1) Subject to paragraphs (2) to (7), and paragraph 12 of Part 2 of Schedule 23—

(a)functions in relation to a regulated facility that is or will be operated in England are exercisable by the Agency;

(b)functions in relation to a regulated facility that is or will be operated in Wales are exercisable by the NRBW.

(2) Subject to paragraph (4), in relation to waste mobile plant[^F58 and mobile medium combustion plant^F58] —

(a)if the principal place of business of the operator is in England, functions are exercisable by the Agency;

(b)if the principal place of business of the operator is in Wales, functions are exercisable by the NRBW;

(c)if the principal place of business of the operator is not in England or in Wales, functions are exercisable by—

(i)the appropriate agency that granted the environmental permit authorising the operation of that waste mobile plant[^F59 or mobile medium combustion plant^F59] , or

(ii)if no permit has been granted, the appropriate agency in whose area[^F60 that waste mobile plant or mobile medium combustion plant^F60] is first intended to be operated.

(3) Paragraph (4) applies—

(a)where by virtue of paragraph (2) functions in relation to waste mobile plant[^F61 or mobile medium combustion plant^F61] are exercisable by the Agency, and that waste mobile plant[^F61 or mobile medium combustion plant^F61] is operated at a site in Wales, or

(b)where by virtue of paragraph (2) functions in relation to waste mobile plant[^F61 or mobile medium combustion plant^F61] are exercisable by the NRBW, and that waste mobile plant[^F61 or mobile medium combustion plant^F61] is operated at a site in England.

(4) Where this paragraph applies, functions under regulations 36, 37 and 57 and paragraph 9 of [^F62Schedule 22^F62] are exercisable in relation to the waste mobile plant[^F63 or mobile medium combustion plant^F63] referred to in paragraph (3) by both the Agency and the NRBW.

(5)[^F64 Subject to paragraph (5A),^F64] functions in relation to a regulated facility of the following description or class are exercisable by the local authority in whose area the regulated facility is or will be operated—

(a)a Part A(2) installation[^F65 but not, from the transfer date, in respect of any medium combustion plant or specified generator, in so far as they are carried on at the installation^F65] ;

(b)a Part B installation or Part B mobile plant, but not in respect of any of the following regulated facilities carried on at the installation or by means of mobile plant—

(i)a waste operation that is not itself a Part B activity;

(ii)a mining waste operation;

(iii)a water discharge activity;

(iv)a groundwater activity;

[^F66 (v)from the transfer date, a medium combustion plant or specified generator;^F66]

(c)a small waste incineration plant;

(d)a solvent emission activity.

[^F67 (5A) In the case of a Part B installation—

(a)where the only activity carried on at that installation is a medium combustion plant or a specified generator, or both, and

(b)which has been authorised by an environmental permit granted by a local authority before the transfer date,

the permit is deemed to have been granted by the appropriate agency immediately before the transfer date.

(5B) Where paragraph (5A) applies—

(a)anything (including, without limitation, legal proceedings) which, at the transfer date, is in the process of being done by a local authority in exercise of, or in connection with, a function that is being transferred may be continued by or in relation to the appropriate agency;

(b)anything done by or in relation to a local authority before the transfer date in the exercise of, or in connection with, a function that is being transferred is, so far as is required for continuing its effect on and after that date, to have effect as if done by or in relation to the appropriate agency;

(c)any reference to a local authority (and any reference which is to be read as a reference to a local authority) in any document constituting or relating to anything to which the provisions of paragraph (5A) apply, is so far as it is required for giving effect to those provisions, to be treated as a reference to the appropriate agency.

(5C) In this regulation—

(a)any reference to a medium combustion plant or to a specified generator includes any directly associated activity (as defined in paragraph 1(2) of Part 1 of Schedule 1) that, but for that medium combustion plant or specified generator, would not form part of an installation;

(b) “transfer date” means—

(i)in relation to a medium combustion plant, the date specified in paragraph 1(a) or (b) of Schedule 25A, as appropriate,

(ii) in relation to a specified generator, the “permitting date” described in paragraph 3(2) of Schedule 25B. ^F67]

(6) If the principal place of business of the operator of Part B mobile plant is in England or in Wales, functions in relation to that regulated facility are exercisable by the local authority in whose area the place of business is.

(7) If the principal place of business of the operator of Part B mobile plant is not in England or in Wales, functions in relation to that regulated facility are exercisable by—

(a)the local authority which granted the environmental permit authorising the operation of the regulated facility, or

(b)if no permit has been granted, the local authority in whose area the regulated facility is first operated, or is intended to be first operated.

(8) In this regulation, “ functions ” includes relevant functions.

Direction to a regulator: discharge of functions by a different regulator

33.—(1) An appropriate authority may direct—

(a)the appropriate agency to exercise such local authority functions as are, and for such period as is, specified in the direction, or

(b)a local authority to exercise such appropriate agency functions as are, and for such period as is, specified in the direction.

(2) A direction under this regulation may include such saving and transitional provisions as the appropriate authority considers necessary or expedient.

(3) A direction under this regulation may be made in respect of a description or class of regulated facility or a specific regulated facility.

(4) A direction under paragraph (1)(b) may only be made in respect of—

(a)an installation, but not in respect of a mining waste operation carried on at an installation, or

(b)mobile plant.

(5) When giving a direction under this regulation the appropriate authority must notify the persons in paragraph (6) of the direction and publish the direction on its website.

(6) The persons are—

(a)where the appropriate authority is the Secretary of State, the Agency,

(b)where the appropriate authority is the Welsh Ministers, the NRBW, and

(c)any local authority or other person whom the appropriate authority considers is affected by the direction.

(7) An appropriate authority must not comply with a duty under paragraph (5) in a case where the authority considers that to do so would be contrary to the interests of national security.

(8) In paragraph (1) (ignoring any direction under this regulation)—

“ appropriate agency functions ” means functions which are exercisable by the appropriate agency by virtue of regulation 32 or paragraph 2 of Schedule 2;

“ local authority functions ” means functions which are exercisable by a local authority by virtue of regulation 32 or paragraph 2 of Schedule 2.

Review of environmental permits and inspection of regulated facilities

34.—(1) The regulator must periodically review environmental permits.

(2) The regulator must make appropriate periodic inspections of regulated facilities.

Specific provisions applying to environmental permits

35.—(1) Schedules 7 to [^F6825B^F68] have effect.

(2) To the extent that the operation of a regulated facility of a description or class mentioned in any of Schedules 7 to [^F6825B^F68] requires an environmental permit, the requirements of that Schedule apply in relation to that regulated facility.

PART 4 Enforcement and offences

Enforcement notices

36.—(1) If the regulator considers that an operator has contravened, is contravening, or is likely to contravene an environmental permit condition, the regulator may serve a notice on the operator.

(2) The notice must—

(a)state the regulator's view under paragraph (1),

(b)specify the matters constituting the contravention or making a contravention likely,

(c)specify the steps that must be taken to remedy the contravention or to ensure that the likely contravention does not occur, and

(d)specify the period within which those steps must be taken.

(3) Steps that may be specified in the notice include steps—

(a)to make the operation of a regulated facility comply with the environmental permit conditions, and

(b)to remedy the environmental effects caused by the contravention.

(4) In paragraph (3)(b) “ environmental effects ” means—

(a)in relation to a flood risk activity—

(i)flooding or risk of flooding;

(ii)detrimental impact on drainage or risk of detrimental impact on drainage;

(iii)harm to the environment or risk of harm to the environment;

(b)in relation to any other class of regulated facility, the effects of pollution.

(5) In the case of a regulated facility to which Schedule 7, 13 or 14 applies, if the regulator considers that an incident or accident significantly affecting the environment has occurred as the result of the operation of that regulated facility, the regulator may serve a notice on the operator of that facility.

(6) A notice served under paragraph (5) must—

(a)specify the measures necessary to limit the environmental consequences of the incident or accident, and

(b)specify the measures necessary to prevent further incidents or accidents.

(7) The regulator may withdraw a notice under this regulation at any time by further notice served on the operator.

Suspension notices

37. —(1) The regulator may suspend an environmental permit by serving a notice (a “suspension notice”) on the operator under this regulation.

(2) If the regulator considers that the operation of a regulated facility under an environmental permit involves a risk of serious pollution or, in the case of a flood risk activity, a risk specified in paragraph (3), it may serve a suspension notice on the operator.

(3) The following are risks specified for the purposes of paragraph (2)—

(a)risk of serious flooding;

(b)risk of serious detrimental impact on drainage;

(c)risk of serious harm to the environment.

(4) Paragraph (2) applies whether or not the manner of operating the regulated facility which involves the risk is subject to or contravenes an environmental permit condition.

(5) If the regulator considers that the manner of operating a regulated facility contravenes an environmental permit condition, and that such contravention involves a risk of pollution or, in the case of a flood risk activity, a risk specified in paragraph (6), it may serve a suspension notice on the operator.

(6) The following are risks specified for the purposes of paragraph (5)—

(a)risk of flooding;

(b)risk of detrimental impact on drainage;

(c)risk of harm to the environment.

(7) A suspension notice served for the purpose of paragraph (2) or (5) must—

(a)specify—

(i)the risk mentioned in paragraph (2) or (5),

(ii)the steps that must be taken to remove that risk,

(iii)in a case where paragraph (5) applies, the matters constituting the contravention mentioned in that paragraph,

(iv)in a case where paragraph (5) applies, the steps that must be taken to remedy that contravention, and

(v)the period within which the steps mentioned in paragraph (ii) or (iv) must be taken,

(b)state that the environmental permit ceases to have effect to the extent specified in the notice until the notice is withdrawn, and

(c)if the environmental permit continues to authorise the operation of a regulated facility, state any steps (in addition to those already required to be taken by the environmental permit conditions) that are to be taken when operating that regulated facility.

(8) The regulator may suspend an environmental permit under regulation 66(5) by serving a suspension notice on the operator.

(9) A suspension notice served for the purpose of paragraph (8) must—

(a)specify the reason for the suspension,

(b)state the sum payable by the operator and the period within which it is to be paid, and

(c)state that the environmental permit ceases to have effect to the extent specified in the notice until the notice is withdrawn.

(10) If a suspension notice is served, the environmental permit ceases to have effect to the extent stated in the notice.

(11) Where a suspension notice has the effect of preventing waste of a specified description being accepted at a regulated facility, the notice may require the operator of that facility to display appropriate signs at such places as may be specified in the notice, informing the public that no further waste of a specified description may be accepted at that facility.

(12) The regulator—

(a)may withdraw a suspension notice at any time by further notice served on the operator, and

(b)must withdraw a notice when satisfied that the steps specified in it have been taken.

Offences

38.—(1) It is an offence for a person to—

(a)contravene regulation 12(1), or

(b)knowingly cause or knowingly permit the contravention of regulation 12(1)(a).

(2) It is an offence for a person to fail to comply with or to contravene an environmental permit condition.

[^F69 (2A) But it is not an offence for a person to fail to comply with the environmental permit conditions in Part 3 of Schedule 9 (waste operations: management and technical competence conditions).^F69]

(3) It is an offence for a person to fail to comply with the requirements of an enforcement notice or of a prohibition notice, suspension notice, landfill closure notice, mining waste facility closure notice, flood risk activity emergency works notice or flood risk activity remediation notice.

(4) It is an offence for a person—

(a)to fail to comply with a notice under regulation 61(1) requiring the provision of information, without reasonable excuse;

(b)to make a statement which the person knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—

(i)in purported compliance with a requirement to provide information imposed by or under a provision of these Regulations,

(ii)for the purpose of obtaining the grant of an environmental permit to any person, or the variation, transfer in whole or in part, or surrender in whole or in part of an environmental permit, or

(iii)for the purpose of obtaining, renewing or amending the registration of an exempt facility;

(c)intentionally to make a false entry in a record required to be kept under an environmental permit condition;

(d)with intent to deceive—

(i)to forge or use a document issued or authorised to be issued or required for any purpose under an environmental permit condition, or

(ii)to make or have in the person's possession a document so closely resembling such a document as to be likely to deceive.

(5) It is an offence for an establishment or undertaking to—

(a)fail to comply with paragraph 17(3) or (4) of Schedule 2, or

(b)intentionally make a false entry in a record required to be kept under that paragraph.

(6) If an offence committed by a person under this regulation is due to the act or default of some other person, that other person is also guilty of the offence and liable to be proceeded against and punished accordingly, whether or not proceedings for the offence are taken against the first-mentioned person.

Penalties and enforcement undertakings

39.—(1) Subject to paragraph (2), a person guilty of an offence under regulation 38(1), (2) or (3) is liable—

(a)on summary conviction to a fine or imprisonment for a term not exceeding [^F70the general limit in a magistrates’ court^F70] , or to both;

(b)on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years, or to both.

(2) A person guilty of offence under regulation 38(1), (2) or (3) in respect of a flood risk activity is liable—

(a)on summary conviction to a fine or imprisonment for a term not exceeding [^F71the general limit in a magistrates’ court^F71] , or to both;

(b)on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or both.

(3) In relation to an offence committed before [^F72 2nd May 2022 ^F72] , paragraphs (1)(a) and (2)(a) have effect as if for “ [^F73 the general limit in a magistrates’ court ^F73] ” there were substituted “ 6 months ” .

(4) A person guilty of an offence under regulation 38(4) is liable—

(a)on summary conviction to a fine;

(b)on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.

(5) An establishment or undertaking guilty of an offence under regulation 38(5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) Schedule 26 (enforcement undertakings) has effect.

[^F74 (7) Schedule 26A (Variable monetary penalties (England)) has effect.^F74]

Defences

40.—(1) It is a defence for a person charged with an offence under regulation 38(1), (2) or (3) to prove that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to human health in a case where—

(a)the person took all such steps as were reasonably practicable in the circumstances for minimising pollution, and

(b)particulars of the acts were furnished to the regulator as soon as reasonably practicable after they were done.

(2) A person who knowingly permits a water discharge activity or groundwater activity where the discharge is water from an abandoned mine or an abandoned part of a mine is not guilty of an offence under regulation 38(1) unless—

(a)the person is the owner or former operator of the mine or that part of it, and

(b)the mine or the part of the mine was abandoned after 31st December 1999.

^M42 (3) In paragraph (2), “ abandoned ”, in relation to a mine, and “mine” have the meaning given in section 91A of the 1991 Act .

Offences by bodies corporate

41.—(1) If an offence committed under these Regulations by a body corporate is proved—

(a)to have been committed with the consent or connivance of an officer, or

(b)to be attributable to any neglect on the part of an officer,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body.

(3) In paragraph (1), “ officer ”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Enforcement by the High Court

42. The regulator may take proceedings in the High Court for the purpose of securing compliance with an enforcement notice, suspension notice, prohibition notice, landfill closure notice, mining waste facility closure notice, flood risk activity emergency works notice or flood risk activity remediation notice (whether or not it has taken other steps for that purpose).

Admissibility of evidence

43. Where, pursuant to an environmental permit granted by a local authority, an entry is required to be made in any record as to the observance of a condition of the environmental permit and the entry has not been made, that fact is admissible as evidence that the condition has not been observed.

Power of court to order cause of offence to be remedied

44.—(1) This regulation applies where a person is convicted of an offence under regulation 38(1), (2) or (3) in respect of a matter which appears to the court to be a matter which it is in the person's power to remedy.

(2) In addition to or instead of a punishment imposed under regulation 39, the court may order the person to take such steps for remedying the matter within such period as may be specified in the order.

(3) The period may be extended, or further extended, by order of the court on an application made before the end of the period or the extended period, as the case may be.

(4) If a person is ordered to remedy a matter, that person is not liable under regulation 38 in respect of that matter during the period or the extended period.

PART 5 Public registers

Interpretation of this Part

45. In this Part—

“ final confidentiality decision ” means—

“ the information subject ” means the person to whom information relates;

“ objection notice ” means a notice given under regulation 48(1)(b).

Duty of the regulator to maintain a public register

46. —(1) Subject to regulations 47 and 48, the regulator must maintain a register (a “public register”) containing the information in paragraph 1 of Schedule 27 (public registers) .

(2) Nothing in paragraph (1) requires a public register to contain information relating to criminal proceedings, or anything which is the subject matter of criminal proceedings, before those proceedings are finally disposed of.

(3) In paragraph (2), “ criminal proceedings ” includes prospective criminal proceedings.

(4) The regulator must enter information on its public register as soon as reasonably practicable after it comes within the regulator's possession.

(5) Where information of any description is excluded from any public register under regulation 48, a statement must be entered on the register indicating the existence of information of that description.

(6) The regulator must—

(a)make its public register available for public inspection at all reasonable times, free of charge, and

(b)enable members of the public to obtain copies of entries on its public register on payment of a reasonable charge.

(7) A public register may be kept in any form.

Exclusion from public registers of information affecting national security

47.—(1) The appropriate authority may direct the regulator that in the interests of national security specified information or information of a specified description must be excluded from a public register.

(2) The regulator must notify the appropriate authority of any information (other than information relating to a radioactive substances activity) that it excludes from a public register pursuant to such a direction.

(3) The appropriate authority may direct the regulator that in the interests of national security information of a specified description—

(a)must be referred to the authority for its determination as to whether or not the information may be included on a public register, and

(b)must not be included on a public register unless the appropriate authority determines that it may be included.

(4) A person may give a notice to the appropriate authority stating that, in the person's opinion, the inclusion of information on a public register would be contrary to the interests of national security.

(5) A notice under paragraph (4) must specify the information and indicate its apparent nature.

(6) A person giving a notice under paragraph (4) must at the same time notify the regulator.

(7) The regulator must not include information notified under paragraph (4) on a public register unless the appropriate authority determines that it may be included.

Exclusion from public registers of confidential information

48.—(1) The regulator must exclude information from a public register, unless a condition in paragraph (2) is met, if it—

(a)considers that the information may be confidential information, or

(b)receives notice from the information subject which—

(i)states that the information subject considers the information is confidential information, and

(ii)gives reasons for that view.

(2) The conditions are that—

(a)in relation to paragraph (1)(a), the regulator has given a notice under regulation 49(1) and the information subject has given notice of consent under regulation 49(2)(a);

(b)in relation to paragraph (1)(a) or (b)—

(i)a final confidentiality decision that the information should be included on the register has been made, or

(ii)the appropriate authority has given a direction under regulation 56(1) which requires the information to be included on the register.

Procedure if the regulator considers that information may be confidential

49.—(1) If the regulator considers that information may be confidential information but has not received an objection notice, it must give notice of that view to the information subject.

(2) The information subject may within 15 working days after the date of the notice given by the regulator under paragraph (1)—

(a)give notice to the regulator consenting to the regulator including the information on the register, or

(b)give an objection notice to the regulator.

Duty to determine confidentiality

50. The regulator must determine whether information must be included on the public register, or excluded from the public register because it is confidential information, if—

(a)having given notice under regulation 49(1), it does not receive notice of consent in accordance with regulation 49(2)(a), or

(b)it receives an objection notice.

Determination of confidentiality

51.—(1) When making a determination under regulation 50, the regulator must comply with this regulation.

(2) In making the determination, the regulator must—

(a)take any reasons given in an objection notice into account,

(b)apply a presumption in favour of including the information on the public register, and

(c)determine to exclude the information from the public register if it considers that—

(i)the information is commercial or industrial information,

(ii)its confidentiality is provided by law to protect a legitimate economic interest, and

(iii)in all the circumstances, the public interest in maintaining the confidentiality of the information outweighs the public interest in including it on the register.

(3) But, to the extent that information relates to emissions, the regulator must determine to include it on the public register.

(4) Nothing in this regulation authorises the exclusion from the public register of information contained in or otherwise held with other information excluded from the register unless the information is not reasonably capable of being separated for the purposes of inclusion on the register.

Procedure following a determination

52.—(1) The regulator must give notice of its determination, the reasons for it and the details of the appeals procedure to the information subject within—

(a)a period of 20 working days beginning with the date its duty under regulation 50 arises, or

(b)such longer period as it agrees with the information subject.

(2) If the regulator fails to give notice under paragraph (1) within the period required by that paragraph, the information subject may give notice to the regulator of that failure, and on such notice—

(a)the regulator is deemed to have determined that the information must be included on the register, and

(b)the deemed determination is subject to the right of appeal in regulation 53(1).

(3) If the regulator determines that the information must be included on the public register, it must not include the information before the expiry of the period of 15 working days after—

(a)it has given notice of the determination, or

(b)a notice under paragraph (2) resulting in a deemed determination is given,

but must include it after the expiry of that period if notice of appeal has not been given.

Appeals in relation to confidentiality

53.—(1) The information subject may give notice of appeal to the appropriate authority against a determination made under regulation 50 within 15 working days after the regulator has given notice of it.

(2) A notice of appeal must—

(a)be in writing,

(b)include a statement of the grounds of appeal,

(c)state whether the information subject wishes the appeal to be in the form of a hearing or to be disposed of through written representations, and

(d)be copied to the regulator.

(3) If the information subject gives notice of appeal, the regulator must not include the information on the public register before the appeal is decided.

(4) The appropriate authority—

(a)may give the information subject and the regulator an opportunity of appearing before and being heard by a person appointed by it, and

(b)must do so in a case where the notice of appeal states that the information subject wishes the appeal to be in the form of a hearing.

(5) A hearing under paragraph (4) is subject to paragraphs 5(2) to 5(6) and 6 of Schedule 6 (except paragraph 5(3) (c) ) as if it were a hearing under paragraph 5(1) of that Schedule, save that “the appellant” is to be read as “the information subject”.

Consequences of an appeal

54.—(1) If the appropriate authority allows the appeal, the regulator must exclude the information from the public register.

(2) If the appropriate authority rejects the appeal or the appeal is withdrawn, the regulator must include the information on the public register.

Reconsideration of confidentiality

55.—(1) The regulator must cease to treat information as confidential information at the expiry of—

(a)a period of 4 years after the final confidentiality decision, or

(b)such shorter period as is specified in that decision.

(2) But if the person to whom the information relates gives notice to the regulator before the expiry of that period that the person considers that the information remains confidential information—

(a)regulation 48 applies in respect of the information and the regulator must treat the notice as an objection notice, and

(b)regulations 50 to 54 apply notwithstanding any previous compliance with those regulations in relation to the information.

Directions of the appropriate authority in relation to confidentiality

56.—(1) The appropriate authority may direct the regulator that specified information, or information of a specified description, must be included on the public register even though it is confidential information.

(2) The appropriate authority must not give a direction under paragraph (1) unless it considers that the public interest in including such information on the register outweighs the public interest in maintaining its confidentiality.

PART 6 Powers and functions of the regulator and the appropriate authority

Power of the regulator to prevent or remedy pollution

57.—(1) If the regulator considers that a risk of serious pollution exists as a result of the operation of a regulated facility or an exempt facility, it may arrange for steps to be taken to remove that risk.

(2) The regulator may arrange for steps to be taken to remedy the effects of pollution if—

(a)the commission of an offence under regulation 38(1), (2) or (3) causes pollution, or

(b)the regulator suspects that an offence under that regulation is being or has been committed and that pollution is being or has been caused as a result.

(3) If the regulator intends to arrange for steps to be taken under paragraph (2), it must notify the operator of the steps not less than 5 working days before they are taken.

(4) If the regulator arranges for steps to be taken under this regulation, it may recover the cost of taking those steps from the relevant person.

(5) But costs are not recoverable under paragraph (4)—

(a)if the steps referred to in paragraph (1) are taken and the relevant person shows that there was no risk of serious pollution, or

(b)to the extent that the relevant person shows that the costs were unnecessarily incurred by the regulator.

(6) In this regulation, “ the relevant person ” means—

(a)an operator,

(b)an establishment or undertaking carrying on an exempt waste operation, or

(c)a person carrying on a water discharge activity or groundwater activity.

Power of the regulator to prevent or remedy effects of flood risk activities

58.—(1) If the regulator considers that the carrying on of an exempt flood risk activity or a flood risk activity under an environmental permit involves a risk specified in paragraph (2), it may arrange for steps to be taken to remove that risk.

(2) The following are risks specified for purposes of paragraph (1)—

(a)risk of serious flooding;

(b)risk of serious detrimental impact on drainage;

(c)risk of serious harm to the environment.

(3) If the regulator arranges for steps to be taken under this regulation, it may recover the cost of taking those steps from the operator.

(4) But costs are not recoverable under paragraph (3)—

(a)if the steps referred to in paragraph (1) are taken in relation to a risk specified in paragraph (2) and the operator shows there was no such risk, or

(b)to the extent that the operator shows that the costs were unnecessarily incurred by the regulator.

Appropriate agency: notices in relation to emissions to water

59.—(1) This regulation applies to Part A installations for which a local authority is the regulator.

(2) At any time the appropriate agency may give notice to the local authority specifying the emission limit values or the conditions it considers appropriate for preventing or reducing emissions into water from the installation or mobile plant.

(3) If such a notice is issued, the local authority must exercise its functions under these Regulations to ensure the environmental permit for the installation or mobile plant includes—

(a)the emission limit values or conditions specified in the notice, or

(b)such stricter limit values or more onerous conditions as the authority thinks fit.

(4) In this regulation, “ emission limit value ” means the mass, expressed in terms of specific parameters, concentration or level of an emission, which must not be exceeded during a period of time.

Appropriate agency: public participation statement

60.—(1) The appropriate agency must prepare and publish a statement of its policies for complying with its public participation duties.

(2) In preparing or revising the statement the appropriate agency must consult such persons as it considers are affected by, are likely to be affected by, or have an interest in, the statement.

(3) The appropriate agency must—

(a)keep the statement under review,

(b)revise the statement when it considers necessary, and

(c)publish any revised statement.

(4) The appropriate agency must comply with any published statement when exercising its functions under the public participation provisions.

(5) The duty in paragraph (2) may be satisfied by a consultation carried out partially or wholly before the coming into force of these Regulations.

(6) In this regulation, “ public participation duties ” means the duties in the following provisions—

(a)regulation 26;

(b)regulation 29;

(c)paragraphs 6 and 8(2) of Part 1 of Schedule 5.

Power to require the provision of information

61.—(1) For the purposes of discharging its functions under these Regulations, an appropriate authority, regulator, exemption registration authority or exemption authority, by notice served on any person, may require that person to provide such information in such form and within such period as is specified in the notice.

(2) A notice under paragraph (1) may require a person to provide any information on emissions where that requirement is reasonable, including the provision of information—

(a)not in the person's possession, and

(b)which would not usually come into the person's possession.

(3) For the purposes of this regulation the discharge by the appropriate authority of—

(a)an obligation [^F75under [^F76 assimilated^F76] law^F75] , or

(b)an international obligation of the United Kingdom,

must be treated as a function of the authority under these Regulations.

(4) For the purposes of this regulation the compilation of an inventory of emissions (whether or not from a regulated facility) must be treated as a function of the regulator under these Regulations.

Directions to regulators, exemption registration authorities and exemption authorities: general

62.—(1) An appropriate authority may give directions to a regulator, exemption registration authority or exemption authority of a general or specific character with respect to the carrying out of its functions under these Regulations.

(2) Without prejudice to the generality of the power in paragraph (1), a direction may direct the regulator, exemption registration authority or exemption authority to exercise or not to exercise—

(a)specified powers,

(b)its powers in specified circumstances, or

(c)its powers in a specified manner.

(3) Except in an emergency, an appropriate authority may give a direction to the appropriate agency under paragraph (1) only after consultation with the appropriate agency.

(4) The regulator, exemption registration authority or exemption authority must comply with a direction given to it under these Regulations.

Reference of applications to an appropriate authority

63.—(1) An appropriate authority may give directions to a regulator requiring that a particular application or class of application be referred to it for determination.

(2) The regulator must—

(a)inform the applicant of the fact that the application is being referred to the appropriate authority, and

(b)forward to the appropriate authority any representations made in respect of the application.

(3) When an application is referred to an appropriate authority, the appropriate authority—

(a)may afford the applicant and the regulator an opportunity of appearing before and being heard by a person appointed by the appropriate authority, and

(b)must do so in any case where a request is duly made by the applicant or the regulator to be so heard.

(4) A request under paragraph (3)(b) must be made in writing within 15 working days after the day on which the applicant is informed that the application is being referred to the appropriate authority.

(5) A hearing under paragraph (3) is subject to paragraphs 5(2) to (6) and 6 of Schedule 6 (except paragraph 5(3)(c)) as if it were a hearing under paragraph 5(1) of that Schedule with the following modifications—

(a) “the appellant” is to be read as “the applicant”;

(b) “the appeal” is to be read as “the application”.

(6) On determining an application referred to it under this regulation the appropriate authority must give to the regulator a direction as to whether the regulator is to grant the application and, if so, the conditions that are to be attached to the environmental permit.

(7) In this regulation, “ application ” means an application—

(a)for the grant of an environmental permit, or

(b)for the variation of an environmental permit.

Directions to the appropriate agency: installations outside the United Kingdom

64.—(1) This regulation applies where an appropriate authority receives information [^F77from a member State^F77] in relation to the operation of an installation outside the United Kingdom which is likely to have a significant negative effect on the environment of England or Wales.

^F78(2) ... The appropriate authority must direct the appropriate agency to take such steps as it considers appropriate to—

(a)bring the information to the attention of persons likely to be affected by the operation of the installation, and

(b)provide them with an opportunity to comment on the information.

[^F79 (3) In paragraph (1), “ member State ” has the meaning given in paragraph 10(4) of Schedule 5. ^F79]

Guidance to regulators, exemption registration authorities and exemption authorities

65.—(1) An appropriate authority may issue guidance to a regulator, exemption registration authority or exemption authority with respect to the exercise of its functions under these Regulations.

(2) In the exercise of those functions the regulator, exemption registration authority or exemption authority must have regard to the guidance.

Fees and charges in relation to the exercise of regulator's functions by local authorities

66.—(1) An appropriate authority may make, and from time to time revise, a scheme prescribing—

(a)fees payable to a regulator in respect of applications—

(i)for the grant of an environmental permit,

(ii)for the variation of an environmental permit,

(iii)for the transfer of an environmental permit in whole or in part,

(iv)for the surrender of an environmental permit in whole or in part,

(b)fees payable to a regulator in respect of a regulator-initiated variation, and

(c)charges payable to a regulator in respect of the subsistence of an environmental permit.

(2) A scheme may in particular—

(a)prescribe specific fees and charges or the methods by which they are to be calculated,

(b)make different provision for different cases, including different provision in relation to different persons, circumstances or localities,

(c)subject to the requirements of these Regulations, provide for the time when, and the manner in which, payments required by the scheme are to be made, and

(d)make such incidental, supplementary and transitional provision as appears necessary or expedient to the appropriate authority.

(3) In making or revising a scheme, so far as practicable the appropriate authority must ensure that the fees and charges payable are sufficient to cover expenditure by a regulator—

(a)in exercising its functions under these Regulations;

(b)in making payment to any person who prepares guidance in relation to an installation or mobile plant that is—

(i)mentioned in regulation 32(5), or

(ii)specified in a direction under regulation 33;

(c)in making payment to the appropriate agency in relation to the exercise of the appropriate agency's functions under regulation 59.

(4) A scheme must provide for the payment of sums by the regulator to the appropriate agency where those sums are related to expenditure by the appropriate agency under regulation 59 or in preparing guidance referred to in paragraph (3)(b).

(5) If a regulator considers that an operator has failed to pay a charge specified in a scheme in respect of the subsistence of the operator's permit, the regulator may revoke or suspend the permit.

(6) A revocation or suspension must be by way of notice served under regulation 22(3) or regulation 37.

(7) In this regulation, “ regulator ” means a local authority on which functions are conferred by regulation 32 or by a direction under regulation 33.

Plans relating to emissions

67.—(1) Subject to paragraph (3), an appropriate authority may make plans for—

(a)the setting of limits on the total amount, or the total amount in any period, of emissions from all or any description of source, or

(b)the allocation of quotas relating to such emissions.

(2) If the appropriate authority allocates a quota in a plan made under paragraph (1) it may also make a scheme for the trading or other transfer of that quota.

(3) This regulation does not apply to an emission plan or to the Transitional National Plan.

(4) In this regulation—

“ emission ” means the direct or indirect release of any substance from individual or diffuse sources into the air, water or land;

^M43 “ emission plan ” has the meaning given in the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007 as those Regulations were in force on 31st March 2016 ;

^M44 “ Transitional National Plan ” has the meaning given in regulation 2 of the Large Combustion Plants (Transitional National Plan) Regulations 2015 .

Consultation in relation to works affecting flood and coastal erosion risks

^M4568.—(1) Before exercising a function relating to a flood risk activity which may affect a flood or coastal erosion risk (within the meaning of the Flood and Water Management Act 2010 ) in Wales, the Agency must consult the NRBW.

(2) Before exercising a function relating to a flood risk activity which may affect a flood or coastal erosion risk in England, the NRBW must consult the Agency.

Functions with respect to flood risk activities

69. In exercising any function under these Regulations that relates to a flood risk activity, the appropriate agency must have due regard to the interests of fisheries, including sea fisheries.

PART 7 Miscellaneous provisions

CHAPTER 1 Interpretation

Interpretation of this Part

70. In this Part—

“ existing ” means in force at the relevant time;

“ relevant time ” means immediately before the coming into force of these Regulations.

CHAPTER 2 Death of sole operator

Death of sole operator

71.—(1) This regulation applies if—

(a) an environmental permit authorising the operation of a regulated facility is held by one individual (“A”), and

(b)A dies.

(2) On the death of A, the environmental permit—

(a)forms part of A's personal estate,

(b)vests in A's personal representatives,

(c)continues to have effect subject to the conditions that applied at the time of A's death, and

(d)must be read as if it contained the following condition—

“As soon as is practicable after the death of the operator, the personal representatives of the operator must notify the regulator that the environmental permit has vested in them.”.

(3) The environmental permit ceases to have effect 6 months after the day on which A dies, unless, by that time—

(a)the permit has been transferred under regulation 21, or

(b)the regulator has received from A's personal representatives a duly-made application under regulation 21(1) for the transfer of the permit, and the application has not been withdrawn or finally determined.

(4) If paragraph (3)(b) applies, the environmental permit continues in effect until the application—

(a)is withdrawn, or

(b)on determination, is refused.

CHAPTER 3 Repeal, revocations, saving and amendments

Repeal

72.—(1) The 1993 Act, except for the provisions referred to in paragraph (2), is repealed.

(2) Those provisions are—

(a)paragraph 5 of Schedule 4,

(b)section 49(1) so far as it relates to that paragraph, and

(c)section 51.

Revocations

73.—(1) The instruments in Schedule 28 (revocations) are revoked to the extent specified.

(2) In provisions specified as not revoked in Schedule 28, any references to provisions of the 2007 Regulations or the 2010 Regulations are to be read as references to the equivalent provisions of these Regulations.

Saving

^M4674.—(1) Despite the revocation of regulation 44 of the End-of-Life Vehicles Regulations 2003 by the 2007 Regulations, any modification to a waste management licence that continued in effect under the 2007 Regulations and had effect at the relevant time continues to have effect under these Regulations.

(2) In paragraph (1), “waste management licence” means a licence granted under section 35 of the 1990 Act.

Consequential amendments

75. Schedule 29 (consequential amendments) has effect.

Amendment of the Transfrontier Shipment of Waste Regulations 2007

^M4776. For regulation 16 of the Transfrontier Shipment of Waste Regulations 2007 , substitute—

The Waste (England and Wales) Regulations 2011

16. The reference to a waste management plan in regulation 7 of the Waste (England and Wales) Regulations 2011 ^M48 includes a waste management plan made under this Part.”.

CHAPTER 4 Transitional provisions

Transitional provisions: general

77.—(1) Anything being done under the 2010 Regulations at the relevant time is taken as being done under these Regulations.

(2) Anything done under the 2010 Regulations continues to have effect but is taken to have been done under these Regulations on the date on which it was done under the 2010 Regulations, including (but not limited to) the following—

(a)an existing enforcement notice under the 2010 Regulations is taken to be an enforcement notice;

(b)an existing suspension notice under the 2010 Regulations is taken to be a suspension notice;

(c)an existing revocation notice under the 2010 Regulations is taken to be a revocation notice;

(d)an existing landfill closure notice under the 2010 Regulations is taken to be a landfill closure notice;

(e)an existing prohibition notice under the 2010 Regulations is taken to be a prohibition notice;

(f)an application for the grant, variation, transfer or surrender of an environmental permit make under the 2010 Regulations that has not been determined by the relevant time is taken to be made under these Regulations;

(g)a decision made, or deemed to have been made, by a regulator or appropriate authority under the 2010 Regulations is taken to be made under these Regulations;

(h)an existing direction given, or deemed to have been given, to a regulator by the appropriate authority under the 2010 Regulations is taken to be given under these Regulations;

(i)a notification given under the 2010 Regulations that has not taken effect by the relevant time is taken to be given under these Regulations;

(j)an appeal made under the 2010 Regulations that has not been determined by the relevant time is taken to be made under these Regulations, with the notice of appeal taken to be given on the date on which the appeal was made under the 2010 Regulations.

(3) An environmental permit under the 2010 Regulations in force at the relevant time—

(a)becomes an environmental permit authorising the operation of a regulated facility under these Regulations, with references to provisions of the 2007 Regulations or the 2010 Regulations taken to be references to the equivalent provisions of these Regulations, and

(b)has effect subject to any conditions that applied to it at the relevant time.

(4) An appeal may be made under these Regulations against a notice mentioned in paragraph (2)(a) to (e) or a decision mentioned in paragraph (2)(g) if, by the relevant time, the time for making an appeal under the 2010 Regulations had not expired, with the applicable time limit for giving notice of appeal running from the date on which the notice was served, or the decision was made, under the 2010 Regulations.

(5) Despite paragraphs (1) and (2), an exemption under paragraph 17 of Section 2 of Chapter 3 of Part 1 of Schedule 3 of the 2010 Regulations (crushing waste fluorescent tubes (T17)) ceases to have effect.

Public registers

78.—(1) Any information that, at the relevant time, was contained in a public register maintained by a regulator under the 2010 Regulations, or was deemed to be information kept on that register, is taken to be information contained in the public register maintained by the regulator under these Regulations.

(2) Any information that, at the relevant time, was within a regulator's possession for the purposes of regulation 46 of the 2010 Regulations but was not entered on a public register under those Regulations is taken to be in the regulator's possession for the purposes of these Regulations and must be entered on the register as soon as reasonably practicable.

(3) Any information excluded from a public register pursuant to an existing direction under regulation 47(1) of the 2010 Regulations is taken to be notified under regulation 47(2) of these Regulations.

Site plans not required for existing permits etc.

79. Regulation 14(4) does not apply in relation to a regulated facility to which, at the relevant time, regulation 70 of the 2010 Regulations applied.

CHAPTER 5 Review

Review: England

80.—(1) The Secretary of State, in relation to England, must from time to time—

(a)carry out a review of the regulatory provisions in these Regulations, and

(b)publish a report setting out the conclusions of the review.

(2) In carrying out a review of any regulatory provision which implements an obligation in any of the following Directives, the Secretary of State must have regard to how the obligation is implemented in other member States—

(a)the Asbestos Directive,

(b)the Basic Safety Standards Directive,

(c)the Batteries Directive,

(d)the End-of-Life Vehicles Directive,

(e)the Energy Efficiency Directive,

(f)the Groundwater Directive,

^F80(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the Industrial Emissions Directive,

(i)the Landfill Directive,

[^F81 (ai)the Medium Combustion Plant Directive,^F81]

(j)the Mining Waste Directive,

(k)PVR I,

(l)PVR II,

(m)the Waste Framework Directive,

(n)the Water Framework Directive, and

(o)the WEEE Directive.

(3) The report must in particular—

(a)set out the objectives intended to be achieved by the regulatory provisions,

(b)assess the extent to which those objectives are achieved,

(c)assess whether those objectives remain appropriate, and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provisions.

(4) The first report under this regulation must be published before the end of December 2019.

(5) Subsequent reports under this regulation must be published at intervals not exceeding 5 years.

^M49 (6) In this regulation, “ regulatory provisions ” has the meaning given in section 32(4) of the Small Business, Enterprise and Employment Act 2015 .

Regulation 2(1)

SCHEDULE 1 Activities, installations and mobile plant

PART 1 Interpretation and application: general

Interpretation

1.—(1) In this Schedule—

“ activity ” means, subject to this Part, an activity listed in Part 2 of this Schedule;

“ installation ” means—

and references to an installation include references to part of an installation;

“ net rated thermal input ” means the rate at which fuel can be burned at the maximum continuous rating of the appliance, multiplied by the net calorific value of the fuel and expressed as megawatts thermal.

(2) In sub-paragraph (1), “ directly associated activity ” means an operation which—

(a)has a technical connection with the activity,

(b)is carried on on the same site as the activity, and

(c)could have an effect on pollution.

Activities falling within more than one Part description

2.—(1) Where, in Part 2 of this Schedule, an activity falls within a description in Part A(1) and a description in Part A(2), that activity must be regarded as falling only within that description which fits it most aptly.

(2) Where, in Part 2 of this Schedule, an activity falls within a description in Part A(1) and a description in Part B, that activity must be regarded as falling only within the description in Part A(1).

(3) Where, in Part 2 of this Schedule, an activity falls within a description in Part A(2) and a description in Part B, that activity must be regarded as falling only within the description in Part A(2).

Application of activities falling within Part 2

3. An activity is not to be taken to be an activity falling within Part 2 of this Schedule if it is—

(a)carried on in a working museum to demonstrate an industrial activity of historic interest,

(b)^M50carried on for educational purposes in a school as defined in section 4(1) of the Education Act 1996 ,

(c)carried on at an installation, other than a waste incineration plant or a waste co-incineration plant, or by means of Part B mobile plant, where the installation or plant is used solely for research, development or testing of new products or processes,

(d)the running on or within an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive or ship or other vessel of an engine which propels or provides electricity for it,

(e)the running of an engine in order to test it before it is installed or in the course of its development,

(f)carried on as a domestic activity in connection with a private dwelling, or

(g)carried on at a waste incineration plant or a waste co-incineration plant used for research, development and testing in order to improve the incineration process and which treats less than 50 tonnes of waste per year.

Application of thresholds for Part A(1) or Part A(2) activities

4. For the purposes of assessing whether an activity is above any of the thresholds for any Part A(1) activity or Part A(2) activity, where several activities falling under the same description of activity containing a threshold are operated in the same installation, the capacities of those activities must be added together.

Operation below thresholds: effect on the installation

5.—(1) Where an operator is authorised by an environmental permit to operate an installation at which Part A(1) activities, Part A(2) activities or Part B activities which are described in Part 2 of this Schedule by reference to a threshold (whether in terms of capacity or otherwise) are carried on, the installation does not cease to be a Part A(1) installation, a Part A(2) installation or a Part B installation, as the case may be, by virtue of the installation being operated below the relevant threshold unless the permit ceases to have effect in accordance with these Regulations.

Application of Part B activities: releases into the air

6.—(1) Subject to sub-paragraph (2), an activity is not to be taken to be a Part B activity within Part 2 of this Schedule if it cannot result in the release into the air of a substance listed in sub-paragraph (3) or there is no likelihood that it will result in the release into the air of any such substance except in a quantity which is so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant.

(2) Sub-paragraph (1) does not apply to an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried on.

(3) References to, or to the release into the air of, a substance listed in this paragraph are to any of the following substances—

(a)oxides of sulphur and other sulphur compounds;

(b)oxides of nitrogen and other nitrogen compounds;

(c)oxides of carbon;

(d)organic compounds and partial oxidation products;

(e)metals, metalloids and their compounds;

(f)asbestos (suspended particulate matter and fibres), glass fibres and mineral fibres;

(g)halogens and their compounds;

(h)phosphorus and its compounds;

(i)particulate matter.

References to releases into water

7.—(1) References in Part 2 of this Schedule to a substance, or to the release into water of a substance, listed in this sub-paragraph or to its release in a quantity which, in any 12-month period, is greater than the background quantity by an amount specified in this sub-paragraph are references to the following substances and amounts—

(2) In sub-paragraph (1), “ background quantity ” means, in relation to the release of a substance resulting from an activity, such quantity of that substance as is present in—

(a)water supplied to the site where the activity is carried on,

(b)water abstracted for use in the activity, and

(c)precipitation onto the site on which the activity is carried on.

References to certain substances

8.—(1) References in Part 2 of this Schedule to a substance listed in this paragraph are to any of the following substances—

(a)alkali metals and their oxides and alkaline earth metals and their oxides;

(b)organic solvents;

(c)azides;

(d)halogens and their covalent compounds;

(e)metal carbonyls;

(f)organo-metallic compounds;

(g)oxidising agents;

(h)polychlorinated dibenzofuran and any congener thereof;

(i)polychlorinated dibenzo-p-dioxin and any congener thereof;

(j)polyhalogenated biphenyls, terphenyls and naphthalenes;

(k)phosphorus;

(l)pesticides.

(2) In sub-paragraph (1), “ pesticide ” means any chemical substance or preparation prepared or used for destroying any pest, including those used for—

(a)protecting plants or wood or other plant products from harmful organisms,

(b)regulating the growth of plants,

(c)giving protection against harmful creatures or rendering such creatures harmless,

(d)controlling organisms with harmful or unwanted effects on water systems, buildings or other structures, or on manufactured products, or

(e)protecting animals against ectoparasites.

PART 2 Activities

CHAPTER 1 Energy activities

SECTION 1.1 Combustion activities

Part A(1)

(a)Burning any fuel in an appliance with a rated thermal input of 50 or more megawatts.

Interpretation and application of Part A(1)

1. For the purpose of Part A(1) of this Section, where two or more appliances with an aggregate rated thermal input of 50 or more megawatts are operated on the same site by the same operator, those appliances must be treated as a single appliance with a rated thermal input of 50 or more megawatts.

2. Nothing in this Part of this Section applies to burning fuels in an appliance installed on an offshore platform situated on, above or below those parts of the sea adjacent to England and Wales from the low water mark to the seaward baseline of the United Kingdom territorial sea.

3. In paragraph 2, “ offshore platform ” means any fixed or floating structure which—

(a) is used for the purposes of or in connection with the production of petroleum, and

(b) in the case of a floating structure, is maintained on a station during the course of production,

but does not include any structure where the principal purpose of the use of the structure is the establishment of the existence of petroleum or the appraisal of its characteristics, quality or quantity or the extent of any reservoir in which it occurs.

4. In paragraph 3, “ petroleum ” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation.

^M515. Nothing in this Part of this Section applies to burning fuels in an appliance installed on a gas storage or unloading platform as defined in regulation 2 of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 .

Part B

Unless falling within Part A(1) of this Section—

(a) Burning any fuel in—

(i) a boiler,

(ii) a furnace,

(iii) a gas turbine, or

(iv) a compression ignition engine,

with a net rated thermal input of 20 or more megawatts, but a rated thermal input of less than 50 megawatts.

(b) Burning any waste oil in an appliance with a rated thermal input of less than 3 megawatts.

Interpretation and application of Part B

1. Part B does not apply to any activity falling within Part A(1) of Section 5.1.

2. For the purpose of paragraph (a) of Part B of this Section, where two or more appliances with an aggregate net rated thermal input of 20 or more megawatts are operated on the same site by the same operator, those appliances must be treated as a single appliance with a net rated thermal input of 20 or more megawatts.

SECTION 1.2 Gasification, liquefaction and refining activities

Part A(1)

(a)Refining gas where this is likely to involve the use of 1,000 or more tonnes of gas in any 12-month period.

(b)Operating coke ovens.

(c)Gasification or liquefaction of—

(i)coal, or

(ii)other fuels in installations with a total rated thermal input of 20 or more megawatts.

(d)Refining mineral oils.

(e)The loading, unloading, handling or storage of, or the physical, chemical or thermal treatment of—

(i)crude oil;

(ii)stabilised crude petroleum.

(f)Activities involving the pyrolysis, carbonisation, distillation, partial oxidation or other heat treatment of—

(i)coal (other than the drying of coal),

(ii)lignite,

(iii)oil,

(iv)other carbonaceous material, or

(v)mixtures of any of these,

otherwise than with a view to making charcoal.

(g)Activities involving the liquefaction or gasification of other carbonaceous material.

Interpretation and application of Part A(1)

1. Part A(1)(f) does not include—

(a) the use of any substance as a fuel;

(b) the incineration in a waste incineration plant or waste co-incineration plant of any substance as a waste;

(c) any activity for the treatment of sewage or sewage sludge;

(d) the anaerobic digestion of biodegradable material, whether or not containing or comprising waste.

2. In Part A(1)(f), the heat treatment of oil, other than distillation, does not include the heat treatment of waste oil or waste emulsions containing oil in order to recover the oil from aqueous emulsions.

3. In Part A(1), “ carbonaceous material ” includes such materials as charcoal, coke, peat, rubber and wood, but does not include wood which has not been chemically treated or sewage.

4. In paragraph (1)(d), “ anaerobic digestion ” means the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable materials which—

(a) is carried on under controlled anaerobic conditions,

(b) produces a methane-rich gas mixture, and

(c) results in stable sanitised material that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land.

Part A(2)

(a) Refining gas where this activity does not fall within Part A(1)(a) of this Section.

Part B

(a) Blending odorant for use with natural gas or liquefied petroleum gas.

(b) The storage of petrol in stationary storage tanks at a terminal, or the loading or unloading at a terminal of petrol into or from road tankers, rail tankers or inland waterway vessels.

(c) The unloading of petrol into stationary storage tanks at a service station, if the total quantity of petrol unloaded into such tanks at the service station in any 12-month period is likely to be 500m³ or more.

(d) Motor vehicle refuelling activities at an existing service station after the prescribed date, if the throughput of petrol at that service station in any 12-month period is or is likely to be in excess of 3,000m³.

(e) Motor vehicle refuelling activities at a new service station, if the throughput of petrol at that service station in any 12-month period is, or is intended to be in excess of 500m³.

(f) Motor vehicle refuelling activities at a new service station if the throughput of petrol at that service station in any 12-month period is, or is intended to be in excess of 100m³ and it is situated under permanent living quarters or working areas.

Interpretation of Part B

1. In Part B—

“ existing service station ” means a service station—

before 1st January 2010;

“ inland waterway vessel ” means a vessel, other than a sea-going vessel, having a total dead weight of 15 or more tonnes;

“ new service station ” means—

“ petrol ” means any petroleum derivative (other than liquefied petroleum gas), with or without additives, having a Reid vapour pressure of 27.6 or more kilopascals, which is intended for use as a fuel for motor vehicles;

“ prescribed date ” means 31st December 2011 if the throughput is in excess of 3,500m ³ and 31st December 2018 if the throughput is in excess of 3,000m ³ ;

“ service station ” means any premises where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks but does not include any service station exclusively used in association with the construction and delivery of new motor vehicles;

“ terminal ” means any premises which are used for the storage and loading of petrol into road tankers, rail tankers or inland waterway vessels.

2. Any other expressions used in Part B which, in relation to paragraphs (b) and (c), are also used in PVR I or, in relation to paragraphs (d) to (f), are also used in PVR II, have the same meaning as in those Directives.

CHAPTER 2 Production and processing of metals

SECTION 2.1 Ferrous metals

Interpretation of Section 2.1

1. In this Section, “ ferrous alloy ” means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in Section 2.2.

Part A(1)

(a) Roasting or sintering metal ore, including sulphide ore, or any mixture of iron ore with or without other materials.

(b) Producing, melting or refining iron or steel or any ferrous alloy, including continuous casting, except where the only furnaces used are—

(i) electric arc furnaces with a designed holding capacity of less than 7 tonnes, or

(ii) cupola, crucible, reverberatory, rotary, induction, vacuum, electro-slag or resistance furnaces.

(c) Processing ferrous metals and their alloys by using hot-rolling mills with a production capacity of more than 20 tonnes of crude steel per hour.

(d) Loading, unloading or otherwise handling or storing more than 500,000 tonnes in total in any 12-month period of iron ore, except in the course of mining operations, or burnt pyrites.

Part A(2)

(a) Unless falling within Part A(1)(b) of this Section, producing pig iron or steel, including continuous casting, in a plant with a production capacity of more than 2.5 tonnes per hour.

(b) Operating hammers in a forge, the energy of which is more than 50 kilojoules per hammer, where the calorific power used is more than 20 megawatts.

(c) Applying protective fused metal coatings with an input of more than 2 tonnes of crude steel per hour.

(d) Casting ferrous metal at a foundry with a production capacity of more than 20 tonnes per day.

Part B

(a) Unless falling within Part A(1)(b) of this Section, producing pig iron or steel, including continuous casting, in a plant with a production capacity of 2.5 or less tonnes per hour.

(b) Unless falling within Part A(2)(a) or (d) of this Section, producing, melting or refining iron or steel or any ferrous alloy (other than producing pig iron or steel, including continuous casting) using—

(i) one or more electric arc furnaces, none of which has a designed holding capacity of 7 or more tonnes, or

(ii) a cupola, crucible, reverberatory, rotary, induction, vacuum, electro-slag or resistance furnace.

(c) Desulphurising iron, steel or any ferrous alloy.

(d) Heating iron, steel or any ferrous alloy (whether in a furnace or other appliance) to remove grease, oil or any other non-metallic contaminant (including such operations as the removal by heat of plastic or rubber covering from scrap cable), unless—

(i) it is carried on in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a rated thermal input of less than 0.2 megawatts,

(ii) it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant, and

(iii) it is not related to any other activity falling within this Part of this Section.

(e) Unless falling within Part A(1) or Part A(2) of this Section, casting iron, steel or any ferrous alloy from deliveries of 50 or more tonnes of molten metal.

SECTION 2.2 Non-ferrous metals

Interpretation and application of Section 2.2

1. Part A(1) and Part B do not apply to hand soldering, flow soldering or wave soldering.

Part A(1)

(a) Unless falling within Part A(2) of this Section, producing non-ferrous metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic activities.

(b) Melting, including making alloys of, non-ferrous metals, including recovered products and the operation of non-ferrous metal foundries where—

(i) the plant has a melting capacity of more than 4 tonnes per day for lead or cadmium or 20 tonnes per day for all other metals, and

(ii) any furnace (other than a vacuum furnace), bath or other holding vessel used in the plant for the melting has a design holding capacity of 5 or more tonnes.

(c) Producing, melting or recovering (whether by chemical means or by electrolysis or by the use of heat) cadmium or mercury or any alloy containing more than 0.05 per cent by weight of either of those metals or both in aggregate.

Part A(2)

(a) Melting, including making alloys of, non-ferrous metals, including recovered products and operating of non-ferrous metal foundries where the plant has a melting capacity of more than 4 tonnes per day for lead or cadmium or 20 tonnes per day for all other metals, and—

(i) no furnace (other than a vacuum furnace), bath or other holding vessel used in the plant for the melting has a design holding capacity of 5 or more tonnes, or

(ii) the plant uses a vacuum furnace of any design holding capacity.

Part B

(a) Melting, including making alloys of, non-ferrous metals (other than tin or any alloy which in molten form contains 50 per cent or more by weight of tin), including recovered products (such as refining or foundry casting) in plant with a melting capacity of 4 tonnes or less per day for lead or cadmium or 20 tonnes or less per day for all other metals.

(b) Heating in a furnace or any other appliance any non-ferrous metal or non-ferrous metal alloy for the purpose of removing grease, oil or any other non-metallic contaminant, including such operations as the removal by heat of plastic or rubber covering from scrap cable, if not related to another activity described in this Part of this Section, unless—

(i) it involves the use of one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts, and

(ii) it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.

(c) Melting zinc or a zinc alloy in conjunction with a galvanising activity at a rate of 20 or less tonnes per day.

(d) Melting zinc, aluminium or magnesium or an alloy of one or more of these metals in conjunction with a die-casting activity at a rate of 20 or less tonnes per day.

(e) Unless falling within Part A(1) or Part A(2) of this Section, the separation of copper, aluminium, magnesium or zinc from mixed scrap by differential melting.

Interpretation and application of Part B

1. When determining the extent of an installation carrying on an activity within Part B(e), any location where the associated storage or handling of scrap which is to be heated as part of that activity is carried on, other than a location where scrap is loaded into a furnace, is to be ignored.

2. In Part B, “ non-ferrous metal alloy ” means an alloy which is not a ferrous alloy, as defined in Section 2.1.

SECTION 2.3 Surface treating metals and plastic materials

Part A(1)

(a)Unless falling within Part A(2) of this Section, surface treating metals and plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats is more than 30m³.

Part A(2)

(a)Surface treating metals and plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats is more than 30m³ and where the activity is carried on at the same installation as one or more activities falling within—

(i)Part A(2) or Part B of Section 2.1,

(ii)Part A(2) or Part B of Section 2.2, or

(iii)Part A(2) or Part B of Section 6.4.

Part B

(a)Any process for the surface treatment of metal which is likely to result in the release into air of any acid-forming oxide of nitrogen and which does not fall within Part A(1) or Part A(2) of this Section.

CHAPTER 3 Mineral industries

SECTION 3.1 Production of cement and lime

Part A(1)

(a)Producing cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other kilns with a production capacity exceeding 50 tonnes per day.

(b)Producing lime or magnesium oxide in kilns with a production capacity of more than 50 tonnes per day.

Part A(2)

(a)Grinding cement clinker.

Part B

(a)Storing, loading or unloading cement or cement clinker in bulk prior to further transportation in bulk.

(b)Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixtures, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products.

(c)Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide.

(d)Producing lime or magnesium oxide where the activity does not involve the heating of more than 50 tonnes per day of calcium carbonate or calcium magnesium carbonate or both in aggregate.

SECTION 3.2 Activities involving asbestos

Interpretation of Section 3.2

1. In this Section “ asbestos ” means any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.

Part A(1)

(a) Producing asbestos or manufacturing products based on or containing asbestos.

(b) Stripping asbestos from railway vehicles except—

(i) in the course of the repair or maintenance of the vehicle,

(ii) in the course of recovery operations following an accident, or

(iii) where the asbestos is permanently bonded in cement or in any other material (including plastic, rubber or resin).

Part B

(a) Unless related to an activity falling within Part A(1) of this Section, the industrial finishing of—

(i) asbestos cement,

(ii) asbestos cement products,

(iii) asbestos fillers,

(iv) asbestos filters,

(v) asbestos floor coverings,

(vi) asbestos friction products,

(vii) asbestos insulating board,

(viii) asbestos jointing, packaging or reinforcement material,

(ix) asbestos packing,

(x) asbestos paper or card, or

(xi) asbestos textiles.

SECTION 3.3 Manufacturing glass and glass fibre

Part A(1)

(a)Manufacturing glass fibre in plant with a melting capacity exceeding 20 tonnes per day.

Part A(2)

(a)Manufacturing glass, unless falling within Part A(1) of this Section, where the melting capacity of the plant is more than 20 tonnes per day.

Part B

Unless falling within Part A(1) or Part A(2) of this Section—

(a)Manufacturing glass at any location with the capacity to make 5,000 or more tonnes of glass in any 12-month period, and any activity involving the use of glass which is carried on at any such location in conjunction with its manufacture.

(b)Manufacturing glass where the use of lead or any lead compound is involved.

(c)Manufacturing any glass product where lead or any lead compound has been used in the manufacture of the glass except—

(i)making products from lead glass blanks, or

(ii)melting, or mixing with another substance, glass manufactured elsewhere to produce articles such as ornaments or road paint.

(d)Polishing or etching glass or glass products in the course of any manufacturing activity if—

(i)hydrofluoric acid is used, or

(ii)hydrogen fluoride may be released into the air.

(e)Manufacturing glass frit or enamel frit and its use in any activity where that activity is related to its manufacture.

SECTION 3.4 Production of other mineral fibres

Part A(1)

(a)Melting mineral substances including the production of mineral fibres in plants with a melting capacity exceeding 20 tonnes per day.

SECTION 3.5 Other mineral activities

Part A(2)

(a)Manufacturing cellulose fibre reinforced calcium silicate board using unbleached pulp.

Part B

(a)Unless falling within Part A(1) or Part A(2) of any Section, the crushing, grinding or other size reduction, other than the cutting of stone, or the grading, screening or heating of any designated mineral or mineral product except where the operation of the activity is unlikely to result in the release into the air of particulate matter.

(b)Any of the following activities unless carried on at an exempt location—

(i)crushing, grinding or otherwise breaking up coal, coke or any other coal product;

(ii)screening, grading or mixing coal, coke or any other coal product;

(iii)loading or unloading petroleum coke, coal, coke or any other coal product except unloading on retail sale.

(c)The crushing, grinding or other size reduction, with machinery designed for that purpose, of bricks, tiles or concrete.

(d)Screening the product of any activity described in paragraph (c).

(e)Coating road stone with tar or bitumen.

(f)Loading, unloading or storing pulverised fuel ash in bulk prior to further transportation in bulk.

(g)The fusion of calcined bauxite for the production of artificial corundum.

Interpretation and application of Part B

1. In Part B—

“ coal ” includes lignite;

“ designated mineral or mineral product ” means—

“ exempt location ” means—

“ retail sale ” means sale to the final customer.

2. Part B does not apply to any activity carried on underground.

SECTION 3.6 Ceramic production

Part A(1)

(a)Manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where—

(i)the kiln production capacity is more than 75 tonnes per day, or

(ii)the kiln capacity is more than 4m³ and the setting density is more than 300kg/m³,

and a reducing atmosphere is used other than for the purposes of colouration.

Part A(2)

(a)Unless falling within Part A(1) of this Section, manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where—

(i)the kiln production capacity is more than 75 tonnes per day, or

(ii)the kiln capacity is more than 4m³ and the setting density is more than 300kg/m³.

Part B

(a)Unless falling within Part A(1) or A(2) of this Section, firing heavy clay goods or refractory materials (other than heavy clay goods) in a kiln.

(b)Vapour glazing earthenware or clay with salts.

Interpretation of Part B

1. In Part B—

“ clay ” includes a blend of clay with ash, sand or other materials;

“ refractory material ” means material (such as fireclay, silica, magnesite, chrome-magnesite, sillimanite, sintered alumina, beryllia and boron nitride) which is able to withstand high temperatures and to function as a furnace lining or in other similar high temperature applications.

CHAPTER 4 The chemical industry

Interpretation of Chapter 4

1. In Part A(1) of the Sections of this Chapter, “ producing ” means the production on an industrial scale by chemical or biological processing of substances or groups of substances listed in the relevant Sections.

SECTION 4.1 Organic chemicals

Interpretation of Section 4.1

1. In this Section, “ pre-formulated resin or pre-formulated gel coat ” means any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.

Part A(1)

(a) Producing organic chemicals such as—

(i) hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

(ii) organic compounds containing oxygen (for example alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols, epoxy resins);

(iii) organic compounds containing sulphur (for example sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics);

(iv) organic compounds containing nitrogen (for example amines, amides, nitrous-, nitro- or azo-compounds, nitrates, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers);

(v) organic compounds containing phosphorus (for example substituted phosphines and phosphate esters);

(vi) organic compounds containing halogens (for example halocarbons, halogenated aromatic compounds and acid halides);

(vii) organometallic compounds (for example lead alkyls, Grignard reagents and lithium alkyls);

(viii) plastic materials (for example polymers, synthetic fibres and cellulose-based fibres);

(ix) synthetic rubbers;

(x) dyes and pigments;

(xi) surface-active agents.

Part B

(a) Unless falling within Part A(1) of this Section, any activity where the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any 12-month period of 5 or more tonnes of any di-isocyanate or of any partly polymerised di-isocyanate or, in aggregate, of both.

(b) The flame bonding or cutting with heated wires of polyurethane foams or polyurethane elastomers.

(c) Any activity for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbon, where the activity is likely to involve, in any 12-month period, the polymerisation or co-polymerisation of 100 or more tonnes of unsaturated hydrocarbon.

(d) Unless falling within Part A(1) of this Section, any activity involving the use of toluene di-isocyanate or partly polymerised di-isocyanate if—

(i) less than 5 tonnes of toluene di-isocyanate monomer is likely to be used in any 12-month period, and

(ii) the activity may result in a release into the air which contains toluene di-isocyanate.

Organic chemicals

Interpretation of Section 4.1

1. In this Section, “ pre-formulated resin or pre-formulated gel coat ” means any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.

Part A(1)

(a) Producing organic chemicals such as—

(i) hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

(ii) organic compounds containing oxygen (for example alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols, epoxy resins);

(iii) organic compounds containing sulphur (for example sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics);

(iv) organic compounds containing nitrogen (for example amines, amides, nitrous-, nitro- or azo-compounds, nitrates, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers);

(v) organic compounds containing phosphorus (for example substituted phosphines and phosphate esters);

(vi) organic compounds containing halogens (for example halocarbons, halogenated aromatic compounds and acid halides);

(vii) organometallic compounds (for example lead alkyls, Grignard reagents and lithium alkyls);

(viii) plastic materials (for example polymers, synthetic fibres and cellulose-based fibres);

(ix) synthetic rubbers;

(x) dyes and pigments;

(xi) surface-active agents.

Part B

(a) Unless falling within Part A(1) of this Section, any activity where the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any 12-month period of 5 or more tonnes of any di-isocyanate or of any partly polymerised di-isocyanate or, in aggregate, of both.

(b) The flame bonding or cutting with heated wires of polyurethane foams or polyurethane elastomers.

(c) Any activity for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbon, where the activity is likely to involve, in any 12-month period, the polymerisation or co-polymerisation of 100 or more tonnes of unsaturated hydrocarbon.

(d) Unless falling within Part A(1) of this Section, any activity involving the use of toluene di-isocyanate or partly polymerised di-isocyanate if—

(i) less than 5 tonnes of toluene di-isocyanate monomer is likely to be used in any 12-month period, and

(ii) the activity may result in a release into the air which contains toluene di-isocyanate.

SECTION 4.2 Inorganic chemicals

Part A(1)

(a)Producing inorganic chemicals such as—

(i)gases (for example ammonia, hydrogen chloride, hydrogen fluoride, hydrogen cyanide, hydrogen sulphide, oxides of carbon, sulphur compounds, oxides of nitrogen, hydrogen, oxides of sulphur, phosgene);

(ii)acids (for example chromic acid, hydrofluoric acid, hydrochloric acid, hydrobromic acid, hydroiodic acid, phosphoric acid, nitric acid, sulphuric acid, oleum and chlorosulphonic acid);

(iii)bases (for example ammonium hydroxide, potassium hydroxide, sodium hydroxide);

(iv)salts (for example ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate, cupric acetate, ammonium phosphomolybdate);

(v)non-metals, metal oxides, metal carbonyls or other inorganic compounds (for example calcium carbide, silicon, silicon carbide, titanium dioxide);

(vi)halogens or interhalogen compounds comprising two or more of halogens, or any compound comprising one or more of those halogens and oxygen.

(b)Unless falling within any other Section, any manufacturing activity which is likely to result in the release into the air of any hydrogen halide (other than the manufacture of glass or the coating, plating or surface treatment of metal) or which is likely to result in the release into the air or water of any halogen or any of the compounds mentioned in paragraph (a)(vi) (other than the treatment of water).

(c)Unless falling within any other Section, any manufacturing activity (other than the application of a glaze or vitreous enamel) involving the use of, or the use or recovery of, any compound of any of the following elements—

(i)antimony,

(ii)arsenic,

(iii)beryllium,

(iv)gallium,

(v)indium,

(vi)lead,

(vii)palladium,

(viii)platinum,

(ix)selenium,

(x)tellurium,

(xi)thallium,

where the activity may result in the release into the air of any of those elements or compounds or the release into water of any substance listed in paragraph 7(1) of Part 1 of this Schedule.

(d)Recovering any compound of cadmium or mercury.

(e)Unless falling within any other Section, any manufacturing activity involving the use of mercury or cadmium or any compound of either element or which may result in the release into the air of either of those elements or their compounds.

(f)Unless falling within any other Section, any activity (other than the combustion or incineration of carbonaceous material as defined in the Interpretation of Part A(1) of Section 1.2) which is likely to result in the release into the air of any acid-forming oxide of nitrogen.

SECTION 4.3 Chemical fertiliser production

Part A(1)

(a)Producing (including any blending which is related to their production) phosphorus-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers).

SECTION 4.4 Plant health products and biocides

Part A(1)

(a)Producing plant health products or biocides.

SECTION 4.5 Pharmaceutical production

Part A(1)

(a)Producing pharmaceutical products.

SECTION 4.6 Explosives production

Part A(1)

(a)Producing explosives.

SECTION 4.7 Manufacturing activities involving carbon disulphide or ammonia

Part A(1)

(a)Any activity for the manufacture of a chemical which may result in the release of ammonia into the air, other than an activity in which ammonia is only used as a refrigerant.

SECTION 4.8 The storage of chemicals in bulk

Part B

(a)The storage in tanks, other than in tanks for the time being forming part of a powered vehicle, of any of the substances listed below, except where the total storage capacity of the tanks installed at the location in question in which the relevant substance may be stored is less than the figure specified below in relation to that substance—

(i)one or more acrylates, 20 tonnes (in aggregate);

(ii)acrylonitrile, 20 tonnes;

(iii)anhydrous ammonia, 100 tonnes;

(iv)anhydrous hydrogen fluoride, 1 tonne;

(v)toluene di-isocyanate, 20 tonnes;

(vi)vinyl chloride monomer, 20 tonnes;

(vii)ethylene, 8,000 tonnes.

CHAPTER 5 Waste management

SECTION 5.1 Incineration and co-incineration of waste

Part A(1)

(a)The incineration of hazardous waste in a waste incineration plant or waste co-incineration plant with a capacity exceeding 10 tonnes per day.

(b)The incineration of non-hazardous waste in a waste incineration plant or waste co-incineration plant with a capacity exceeding 3 tonnes per hour.

(c)The incineration, other than incidentally in the course of burning landfill gas or solid or liquid waste, of any gaseous compound containing halogens.

Part B

(a)The incineration in a small waste incineration plant with an aggregate capacity of 50kg or more per hour of the following waste—

(i)vegetable waste from agriculture or forestry;

(ii)vegetable waste from the food processing industry, if the heat generated is recovered;

(iii)fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered;

(iv)cork waste;

(v)wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings;

(vi)animal carcasses.

(b)The cremation of human remains.

Application of Part B

1. When determining the extent of an installation carrying on an activity within Part B, any location of the following description is to be ignored: any location where the associated storage or handling of wastes and residues which are to be incinerated as part of that activity is carried on, other than a location where the associated storage or handling of animal remains intended for burning in an incinerator used wholly or mainly for the incineration of such remains or residues from the burning of such remains in such an incinerator is carried on.

SECTION 5.2 Disposal of waste by landfill

Part A(1)

(a)The disposal of waste in a landfill—

(i)receiving more than 10 tonnes of waste in any day, or

(ii)with a total capacity of more than 25,000 tonnes,

but excluding disposals in a landfill taking only inert waste.

SECTION 5.3 Disposal or recovery of hazardous waste

Part A(1)

(a)Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities—

(i)biological treatment;

(ii)physico-chemical treatment;

(iii)blending or mixing prior to submission to any of the other activities listed in this Section or in Section 5.1;

(iv)repackaging prior to submission to any of the other activities listed in this Section or in Section 5.1;

(v)solvent reclamation or regeneration;

(vi)recycling or reclamation of inorganic materials other than metals or metal compounds;

(vii)regeneration of acids or bases;

(viii)recovery of components used for pollution abatement;

(ix)recovery of components from catalysts;

(x)oil re-refining or other re-uses of oil;

(xi)surface impoundment.

SECTION 5.4 Disposal, recovery or a mix of disposal and recovery of non-hazardous waste

Part A(1)

(a)Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day (or 100 tonnes per day if the only waste treatment activity is anaerobic digestion) involving one or more of the following activities, and excluding activities covered by [^F82the Urban Waste Water Treatment (England and Wales) Regulations 1994^F82] —

(i)biological treatment;

(ii)physico-chemical treatment;

(iii)pre-treatment waste for incineration or co-incineration;

(iv)treatment of slags and ashes;

(v)treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

(b)Recovery or a mix of recovery and disposal of non-hazardous waste with a capacity exceeding 75 tonnes per day (or 100 tonnes per day if the only waste treatment activity is anaerobic digestion) involving one or more of the following activities, and excluding activities covered by [^F83the Urban Waste Water Treatment (England and Wales) Regulations 1994^F83] —

(i)biological treatment;

(ii)pre-treatment of waste for incineration or co-incineration;

(iii)treatment of slags and ashes;

(iv)treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

Interpretation of Part A(1)

1. In Part A(1), “ anaerobic digestion ” has the same meaning as in the Industrial Emissions Directive.

SECTION 5.5 The production of fuel from waste

Part A(1)

(a)Making solid fuel (other than charcoal) from waste by any process involving the use of heat.

SECTION 5.6 Temporary or underground storage of hazardous waste

Part A(1)

(a)Temporary storage of hazardous waste with a total capacity exceeding 50 tonnes pending any of the activities listed in Sections 5.1, 5.2, 5.3 and paragraph (b) of this Section, except—

(i)temporary storage, pending collection, on the site where the waste is generated, or

(ii)activities falling within Section 5.2.

(b)Underground storage of hazardous waste with a total capacity exceeding 50 tonnes.

SECTION 5.7 Treatment of waste water

Part A(1)

(a)Independently operated treatment of waste water not covered by [^F84the Urban Waste Water Treatment (England and Wales) Regulations 1994^F84] and discharged by an installation carrying out any other Part A(1) or A(2) activity.

CHAPTER 6 Other activities

SECTION 6.1 Paper, pulp and board manufacturing activities

Part A(1)

(a)Producing, in industrial plant, pulp from timber or other fibrous materials.

(b)Producing, in industrial plant, paper and board where the plant has a production capacity of more than 20 tonnes per day.

Part A(2)

(a)Producing, in an industrial plant, one or more of the following wood-based panels with a production capacity exceeding 600m³ per day: oriented strand board, particleboard or fibreboard.

SECTION 6.2 Carbon activities

Part A(1)

(a)Producing carbon or hard-burnt coal or electro-graphite by means of incineration or graphitisation.

SECTION 6.3 Tar and bitumen activities

Part A(1)

(a)The following activities—

(i)distilling tar or bitumen in connection with any process of manufacture, or

(ii)heating tar for the manufacture of electrodes or carbon-based refractory materials,

where the activity is likely to involve the use in any 12-month period of 5 or more tonnes of tar or of bitumen or both in aggregate.

Part B

(a)Any activity not falling within Part A(1) of this Section or of Section 6.2 involving—

(i)heating, but not distilling, tar or bitumen in connection with any manufacturing activity, or

(ii)oxidising bitumen by blowing air through it, at plant where no other activities described in any Section in this Schedule are carried on,

where the carrying on of the activity is likely to involve the use in any 12-month period of 5 or more tonnes of tar or bitumen or both in aggregate.

Interpretation of Part B

1. In Part B, “tar” and “bitumen” include pitch.

SECTION 6.4 Coating activities, printing and textile treatments

Part A(1)

(a)Pre-treating (by operations such as washing, bleaching or mercerization) or dyeing fibres or textiles in plant with a treatment capacity of more than 10 tonnes per day.

Part A(2)

(a)Unless falling within Part A(1) of this Section, surface treating substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, in plant with a consumption capacity of more than 150kg or more per hour than 200 tonnes per year.

Part B

(a)Unless falling within Part A(1) or Part A(2) of this Section or Part A(2)(c) of Section 2.1, any process (other than for the re-painting or re-spraying of, or of parts of, aircraft or road or railway vehicles) for applying to a substrate, or drying or curing after such application, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity, where the process may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any 12-month period of—

(i)20 or more tonnes of printing ink, paint or other coating material which is applied in solid form,

(ii)20 or more tonnes of any metal coating which is sprayed on in molten form,

(iii)25 or more tonnes of organic solvents in respect of any cold set web offset printing activity or any sheet fed offset litho printing activity, or

(iv)5 or more tonnes of organic solvents in respect of any activity not mentioned in sub-paragraph (iii).

(b)Unless falling within Part A(2) of this Section, re-painting or re-spraying road vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use of 1 or more tonnes of organic solvents in any 12-month period.

(c)Re-painting or re-spraying aircraft or railway vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use in any 12-month period of—

(i)20 or more tonnes of any paint or other coating material which is applied in solid form,

(ii)20 or more tonnes of any metal coatings which are sprayed on in molten form, or

(iii)5 or more tonnes of organic solvents.

Interpretation and application of Part B

1. In Part B—

“ aircraft ” includes gliders and missiles;

“ coating material ” means paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating and any other coating material.

2. The amount of organic solvents used in an activity must be calculated as—

(a) the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes, less

(b) any organic solvents that are removed from the process for re-use or for recovery for re-use.

3. When determining the extent of an installation carrying on an activity within Part B, any location where the associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning is carried on is to be ignored, unless that location forms part of a regulated facility at which a solvent emission activity is carried out.

SECTION 6.5 The manufacture of dyestuffs, printing ink and coating materials

Part B

(a)Unless falling within Part A(1) or Part A(2) of any other Section—

(i)manufacturing or formulating printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying on of the activity is likely to involve the use of 100 or more tonnes of organic solvents in any 12-month period;

(ii)manufacturing any powder for use as a coating where the process uses lead chromate or triglycidyl isocyanurate and material where there is the capacity to produce 200 or more tonnes of such powder in any 12-month period.

Interpretation of Part B

1. In Part B, “ coating material ” has the same meaning as in Section 6.4.

2. The amount of organic solvents used in an activity must be calculated as—

(a) the total input of organic solvents into the process, including both solvents contained in coating materials and solvents for cleaning or other purposes, less

(b) any organic solvents, not contained in coating materials, that are removed from the process for re-use or for recovery for re-use.

SECTION 6.6 Timber activities

Part A(2)

(a)Preservation of wood and wood products with chemicals with a production capacity exceeding 75m³ per day other than exclusively treating against sapstain.

Part B

(a)Unless falling within Part A(2) of Section 6.1, manufacturing products wholly or mainly of wood at any works if the activity involves a relevant activity and the throughput of the works in any 12-month period is likely to be more than—

(i)10,000 cubic metres in the case of works at which wood is only sawed, or wood is sawed and subjected to excluded activities, or

(ii)1,000 cubic metres in any other case.

Interpretation of Part B

1. In Part B and in this paragraph—

“ excluded activity ” means any relevant activity (other than sawing) which, ignoring any sawing carried on at the works, would be unlikely to result in the release into the air of any substance in paragraph 6(3) of Part 1 of this Schedule in a quantity capable of causing significant harm;

“ relevant activity ” means the sawing, drilling, sanding, shaping, turning, planing, curing or chemical treatment of wood;

“ throughput ” means the amount of wood which is subjected to a relevant activity, but where wood is subject to two or more relevant activities at the same works, the second and any subsequent activity is to be ignored;

“ wood ” includes any product consisting wholly or mainly of wood;

“ works ” includes a sawmill or any other premises where relevant activities are carried on.

SECTION 6.7 Activities involving rubber

Part A(2)

(a)Manufacturing new tyres (but not remoulds or retreads) if this involves the use in any 12-month period of 50,000 or more tonnes of one or more of the following—

(i)natural rubber;

(ii)synthetic organic elastomers;

(iii)other substances mixed with them.

Part B

(a)Unless falling within Part A(1) or Part A(2) of any Section, the mixing, milling or blending of—

(i)natural rubber, or

(ii)synthetic organic elastomers,

if carbon black is used.

(b)Any activity which converts the product of an activity falling within paragraph (a) into a finished product if related to an activity falling within that paragraph.

SECTION 6.8 The treatment of animal and vegetable matter and food industries

Interpretation of Section 6.8

1.—(1) In this Section—

“ animal ” includes a bird or a fish;

“ controlled waters ” has the meaning given in section 104 of the 1991 Act;

“ excluded activity ” means—

“ food ” includes—

(2) In sub-paragraph (1)—

“ green crops ” means alfalfa (Lucerne), clover, grass, perennial ryegrass, tall fescue and other similar crops;

“ green offal ” means the stomach and intestines of any animal, other than poultry or fish, and their contents.

Part A(1)

(a) Tanning hides and skins at a plant with a treatment capacity of more than 12 tonnes of finished products per day.

(b) Slaughtering animals at a plant with a carcass production capacity of more than 50 tonnes per day.

(c) Disposing of or recycling animal carcasses or animal waste, other than by rendering in a small waste incineration plant, at a plant with a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or both in aggregate.

(d) Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed (where the weight of the finished product excludes packaging)—

(i) only animal raw materials (other than milk only) with a finished product production capacity greater than 75 tonnes per day;

(ii) only vegetable raw materials with a finished product production capacity greater than 300 tonnes per day or 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year;

(iii) animal and vegetable raw materials (other than milk only), both in combined and separate products, with a finished product production capacity in tonnes per day greater than—

(aa) 75 if A is equal to 10 or more, or

(bb) 300-(22.5 x A) in any other case,

where ‘A’ is the portion of animal material in percent of weight of the finished product production capacity.

(e) Treating and processing milk, the quantity of milk received being more than 200 tonnes per day (average value on an annual basis).

Part A(2)

(a) Disposing of or recycling animal carcasses or animal waste by rendering at plant or in a small waste incineration plant, where the plant or small waste incineration plant has a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or both in aggregate.

Part B

(a) Processing, storing or drying by the application of heat the whole or part of any dead animal or any vegetable matter (other than the treatment of effluent so as to permit its discharge into controlled waters or into a sewer unless the treatment involves the drying of any material with a view to its use as animal feedstuff) if the processing, storing or drying—

(i) does not fall within another Section, or Part A(1) or Part A(2) of this Section,

(ii) is not an excluded activity, and

(iii) may result in the release into the air of—

(aa) any substance listed in in paragraph 6(3) of Part 1 of this Schedule, or

(bb) any offensive smell noticeable outside the premises on which the activity is carried on.

(b) Breeding maggots in any case where 5kg or more of animal matter, vegetable matter or both in aggregate, are introduced into the process in any week.

SECTION 6.9 Intensive farming

Part A(1)

(a)Rearing poultry or pigs intensively in an installation with more than—

(i)40,000 places for poultry,

(ii)2,000 places for production pigs (over 30kg), or

(iii)750 places for sows.

SECTION 6.10 Carbon capture and storage

Part A(1)

(a)Capture of carbon dioxide streams from an installation for the purposes of geological storage pursuant to [^F85Chapter 3 of Part 1 of the Energy Act 2008 and other EU-derived domestic legislation which transposed Directive 2009/31/EC on the geological storage of carbon dioxide in relation to England and Wales^F85] .

Regulation 3

[^F86SCHEDULE 1A Modification of the Directives

Modification of the Asbestos Directive

1.—(1) For the purposes of these Regulations, the Asbestos Directive is to be read in accordance with this paragraph.

(2) When interpreting the Asbestos Directive for the purposes of these Regulations—

(a) an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part, except for “waste” which has the meaning given in Article 2(5) of the Asbestos Directive read in accordance with sub-paragraph (3);

(b)the competent authority is the regulator;

(c)a reference to Member States is to be read as a reference to the regulator.