The Environmental Permitting (England and Wales) Regulations 2007
Draft 2007, ISBN 9780110788760
Draft Regulations laid before Parliament and the National Assembly for Wales for approval by resolution of each of them. Approval is required by section 2(8) and (9)(d) and (e) of the Pollution Prevention and Control Act 1999.
ENVIRONMENTAL PROTECTION, ENGLAND AND WALES
Made ***
Coming into force 6th April 2008
These Regulations are made in exercise of the powers conferred by section 2 of, and Schedule 1 to, the Pollution Prevention and Control Act 1999f1.
The Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales, have in accordance with section 2(4) of that Act consultedf2—
the Environment Agency;
such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they consider appropriate; and
such other bodies or persons as they consider appropriate.
A draft of this instrument has been approved by a resolution of each House of Parliament and by the National Assembly for Wales pursuant to section 2(8) and (9)(d) and (e) of that Actf3.
Accordingly, the Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make the following Regulations—
Annotations to the whole text
Footnotes
- f1
-
1999 c. 24. Functions of the Secretary of State under section 2 (except in relation to offshore oil and gas exploration and exploitation), so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 3 of S.I. 2005/1958. Those functions were then transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006, c. 32.
- f2
-
The requirement in that section to consult the bodies and persons mentioned was transferred from the National Assembly for Wales to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006, c. 32. The consultation carried out by the National Assembly for Wales has effect as if it were carried out by the Welsh Ministers by virtue of paragraph 39(3) of that Schedule to that Act.
- f3
-
The reference in section 2(8) to approval by each House of Parliament has effect in relation to exercise of functions by the Welsh Ministers as if it were a reference to approval by the National Assembly for Wales by virtue of paragraph 33 of Schedule 11 to the Government of Wales Act 2006, c. 32.
Contents
- Part 1: General
- 1Citation, commencement and extent
- 2Interpretation: general
- 3Interpretation: activities, installations and mobile plant
- 4Interpretation: excluded waste operation
- 5Interpretation: exempt waste operation
- 6Interpretation: local authority
- 7Interpretation: operator
- 8Interpretation: regulated facility
- 9Interpretation: relevant function
- 10Giving notices, notifications and directions, and the submission of forms
- Part 2: Environmental Permits
- Chapter 1: Application of these Regulations to the Crown and requirement for an environmental permit
- 11Application of these Regulations to the Crown
- 12Requirement for an environmental permit
- Chapter 2: Grant of an environmental permit
- 13Grant of an environmental permit
- 14Content and form of an environmental permit
- 15Conditions in relation to certain land
- 16Mobile plant operating on the site of another regulated facility: conflict of permit conditions
- 17Single site permits etc.
- 18Consolidation of an environmental permit
- 19Subsistence of an environmental permit
- Chapter 3: Variation, transfer, revocation and surrender of an environmental permit
- 20Variation of an environmental permit
- 21Transfer of an environmental permit
- 22Revocation of an environmental permit: general
- 23Revocation of an environmental permit: steps to be taken after the revocation takes effect
- 24Notification of the surrender of an environmental permit
- 25Application to surrender an environmental permit
- Chapter 4: Standard rules
- 26Preparation and revision of standard rules
- 27Standard rules as conditions of an environmental permit
- 28Notification of revisions of standard rules
- 29Revocation of standard rules
- 30Variation of an environmental permit: revocation of standard rules
- Chapter 5: Appeals in relation to environmental permits
- 31Appeals to an appropriate authority
- Part 3: Discharge of functions in relation to a regulated facility
- 32Discharge of functions
- 33Direction to a regulator: discharge of functions by a different regulator
- 34Review of environmental permits and inspection of regulated facilities
- 35Provision in relation to types of regulated facility
- Part 4: Enforcement and offences
- 36Enforcement notices
- 37Suspension notices
- 38Offences
- 39Penalties
- 40Defence: acts done in an emergency
- 41Offences by bodies corporate
- 42Enforcement by the High Court
- 43Admissibility of evidence
- 44Power of court to order cause of offence to be remedied
- Part 5: Public Registers
- 45Interpretation of this Part
- 46Duty of the regulator to maintain a public register
- 47Exclusion from public registers of information affecting national security
- 48Exclusion from public registers of confidential information
- 49Procedure if the regulator considers that information may be confidential
- 50Duty to determine confidentiality
- 51Determination of confidentiality
- 52Procedure following a determination
- 53Appeals in relation to confidentiality
- 54Consequences of an appeal
- 55Reconsideration of confidentiality
- 56Directions of the appropriate authority in relation to confidentiality
- Part 6: Powers and functions of the regulator and the appropriate authority
- 57Power of the regulator to prevent or remedy pollution
- 58Environment Agency: notices in relation to emissions to water
- 59Environment Agency: public participation statement
- 60Power to require the provision of information
- 61Directions to a regulator: general
- 62Reference of applications to an appropriate authority
- 63Directions to the Agency: installations outside the United Kingdom
- 64Guidance to regulators and exemption registration authorities
- 65Fees and charges in relation to local authorities
- 66Plans relating to emissions
- Part 7: Miscellaneous and transitional provision, savings, consequential amendments, revocations and repeals
- 67Interpretation of this Part
- 68Further provision in relation to waste
- 69Transitional provision: general
- 70Transitional provision: conversion of permits and licences subject to certain applications
- 71Transitional provision: conversion of PPC permits resulting from applications in relation to existing Part A installations and mobile plant
- 72Savings
- 73Consequential amendments
- 74Revocations and repeals
- Signature
- Schedule 1: Activities
- Part 1: Interpretation and application: general
- 1Interpretation
- 2Activities falling within more than one Part description
- 3Application of activities falling within Sections 1.1 to 6.9 of Part 2
- 4Capacity: Part A(1) and A(2) descriptions
- 5Operation below thresholds: effect on the installation
- 6Application of Part B activities: releases into the air
- 7References to releases into water
- 8References to certain substances
- Part 2: Activities
- Chapter 1: Energy activities
- Combustion activities
- Interpretation of Section 1.1
- 1Paragraph 1
- Interpretation and application of Part A(1)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Interpretation and application of Part B
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- SECTION 1.2Gasification, Liquefaction and Refining Activities
- Interpretation and application of Part A(1)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Interpretation of Part B
- 1Paragraph 1
- 2Paragraph 2
- Chapter 2: Production and Processing of Metals
- Ferrous Metals
- Interpretation of Section 2.1
- 1Paragraph 1
- Non-Ferrous Metals
- Interpretation and application of Section 2.2
- 1Paragraph 1
- 2Paragraph 2
- Interpretation of Part A(1)
- 1Paragraph 1
- Interpretation and application of Part B
- 1Paragraph 1
- 2Paragraph 2
- SECTION 2.3Surface Treating Metals and Plastic Materials
- Chapter 3: Mineral Industries
- SECTION 3.1Production of Cement and Lime
- Activities Involving Asbestos
- Interpretation of Section 3.2
- 1Paragraph 1
- SECTION 3.3Manufacturing Glass and Glass Fibre
- SECTION 3.4Production of Other Mineral Fibres
- SECTION 3.5Other Mineral Activities
- 1Interpretation and application of Part B
- 2Interpretation and application of Part B
- SECTION 3.6Ceramic Production
- Interpretation of Part B
- 1Paragraph 1
- Chapter 4
- The Chemical Industry
- Interpretation of Chapter 4
- 1Paragraph 1
- Organic Chemicals
- Interpretation of Section 4.1
- 1Paragraph 1
- SECTION 4.2Inorganic Chemicals
- SECTION 4.3Chemical Fertiliser Production
- SECTION 4.4Plant Health Products and Biocides
- SECTION 4.5Pharmaceutical Production
- SECTION 4.6Explosives Production
- SECTION 4.7Manufacturing Activities Involving Carbon Disulphide or Ammonia
- SECTION 4.8The Storage of Chemicals in Bulk
- Chapter 5: Waste Management
- Incineration and Co-incineration of Waste
- Interpretation of Section 5.1
- 1Paragraph 1
- Application of Part B
- 1Paragraph 1
- SECTION 5.2Disposal of Waste by Landfill
- SECTION 5.3Disposal of Waste Other Than by Incineration or Landfill
- Interpretation and application of Part A(1)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- SECTION 5.4Recovery of Waste
- Interpretation and application of Part A(1)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- SECTION 5.5The Production of Fuel from Waste
- Chapter 6: Other Activities
- SECTION 6.1Paper, Pulp and Board Manufacturing Activities
- Interpretation of Part A(1)
- 1Paragraph 1
- SECTION 6.2Carbon Activities
- SECTION 6.3Tar and Bitumen Activities
- Interpretation of Part B
- 1Paragraph 1
- SECTION 6.4Coating Activities, Printing and Textile Treatments
- Interpretation and application of Part B
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- SECTION 6.5The Manufacture of Dyestuffs, Printing Ink and Coating Materials
- Interpretation of Part B
- 1Paragraph 1
- 2Paragraph 2
- SECTION 6.6Timber Activities
- Interpretation of Part B
- 1Paragraph 1
- SECTION 6.7Activities Involving Rubber
- The Treatment of Animal and Vegetable Matter and Food Industries
- Interpretation of Section 6.8
- 1Paragraph 1
- SECTION 6.9Intensive Farming
- SECTION 7SED Activities
- Interpretation and application of Part B
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 2: Exempt waste operations: general
- 1Interpretation: general
- 2Interpretation: exemption registration authority
- 3Registration, notification and consent requirements for exempt waste operations
- 4Registration of exempt waste operations
- 5Duty to remove entries from the register
- 6Extra requirements in relation to recovery and storage of scrap metal or waste motor vehicles
- 7Removal of entries in relation to recovery and storage of scrap metal or waste motor vehicles
- 8Notifiable exempt waste operations: giving notice
- 9Notifiable exempt waste operations: changes to the quantity of waste disposed of or recovered
- 10Notifiable exempt waste operations: renewal notices
- 11Notifiable exempt waste operations: duties of the exemption registration authority
- 12Record keeping
- 13Periodic inspections
- Schedule 3: Descriptions: exempt waste operations and other operations to which section 33(1)(a) of the 1990 Act does not apply
- Part 1: Exempt waste operations: descriptions
- 1Interpretation
- 2Scrap metal furnaces
- 3Burning waste as a fuel
- 4Packaging or containers
- 5Burning waste as a fuel in small appliances
- 6Sludge on land
- 7Waste for the benefit of land
- 8Storage of sludge which is to be used in accordance with the 1989 Regulations
- 9Land reclamation or improvement
- 10Sewage and water treatment works
- 11Preparatory treatments of certain waste
- 12Composting waste
- 13Construction and soil materials
- 14Manufacturing finished goods
- 15Use of waste
- 16Biobeds
- 17Storage of waste in a secure place
- 18Waste in secure containers
- 19Waste for construction
- 20Recovery of textiles
- 21Preparatory treatments of waste plant matter
- 22Recovery of silver
- 23Recovery of waste consisting of animal by-products at a collection centre
- 24Crushing, grinding or size reduction of bricks, tiles or concrete
- 25Waterway dredging
- 26Recovery or disposal as part of the production process
- 27Baling, compacting, crushing, shredding or pulverising
- 28Spreading ash
- 29Disposal by burning at the place of production
- 30Burning waste in the open
- 31Waste from railway sanitary conveniences or sinks
- 32Waste from sanitary conveniences with removable receptacles
- 33Peatworking
- 34Railway ballast
- 35Waste from prospecting
- 36Spreading dredgings
- 37The deposit of agricultural waste consisting of plant tissue at the place of production
- 38Samples of waste
- 39Storage of medicines and medical, nursing or veterinary waste
- 40Repair or refurbishment of WEEE
- 41Secure storage of WEEE
- 42Crushing waste discharge lamps
- 43Glass Manufacture and Production
- 44Heating metals and metal alloys for the purpose of removing grease, oil or any other non-metallic contaminant
- 45Recovery of scrap metal or the dismantling of waste motor vehicles
- 46Burning plant tissue waste and wood at a dock
- 47Treating land by the spreading of agricultural waste
- 48Pet burial
- Part 2: Other operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions
- 49Temporary storage of ships' garbage or tank washings
- 50Storing non-liquid waste pending its management elsewhere
- 51Temporary storage of scrap rails
- 52Temporary storage of waste on the site where it is produced
- Schedule 4: Application of these Regulations to the Crown
- 1Crown application
- 2Contravention of these Regulations by the Crown
- 3Entry to Crown premises
- 4Service on certain Crown operators
- Schedule 5: Environmental permits
- Part 1: Grant, variation, transfer and surrender of environmental permits
- 1Interpretation
- 2Making an application
- 3Withdrawing an application
- 4Further information in respect of a duly-made application
- 5Public participation: scope
- 6Public participation in relation to certain applications
- 7Calculation of the consultation communication period
- 8Public participation in relation to regulator initiated variations
- 9Consultation: conditions mentioned in regulation 15(1)
- 10Consultation with other member States
- 11Duty to consider representations
- 12Duty to determine an application
- 13Identity and competence of the operator
- 14Surrender applications
- 15Time limits for determination
- 16Calculation of the relevant period
- 17Notification of a determination or decision
- 18Date of effect of certain determinations and decisions
- 19Form of certain determinations and decisions: consolidation of permits
- Part 2: Compensation in relation to conditions affecting certain interests in land
- 20Interpretation
- 21Entitlement to compensation
- 22Loss and damage for which compensation is payable
- 23Date when entitlement to compensation arises
- 24Application for compensation
- 25Assessment of the amount to be paid by way of compensation
- 26Payment of compensation
- 27Interest payable on compensation
- Schedule 6: Appeals to the appropriate authority
- 1Interpretation
- 2Making an appeal
- 3Time limit for making an appeal
- 4Notice to affected and interested persons
- 5Hearing before an appointed person
- 6Notice of determination of an appeal
- 7Procedure following the quashing of a determination of an appropriate authority
- Schedule 7: Provision in relation to Part A installations and Part A mobile plant
- 1Application
- 2Interpretation
- 3Exercise of regulator’s functions: general
- 4Applications for an environmental permit
- 5Exercise of relevant functions
- 6Public participation
- 7Review of environmental permits
- 8Developments in best available techniques
- Schedule 8: Provision in relation to Part B installations and Part B mobile plant
- 1Application
- 2Interpretation
- 3Exercise of regulator’s functions: general
- 4Applications for an environmental permit
- 5Exercise of relevant functions
- 6Review of environmental permits
- 7Developments in best available techniques
- Schedule 9: Provision in relation to waste operations
- 1Application
- 2Grant of an environmental permit: requirement for prior planning permission
- 3Exercise of relevant functions: all waste operations
- 4Exercise of relevant functions: disposal of waste
- Schedule 10: Provision in relation to landfill
- 1Application
- 2Interpretation: general
- 3Applications for an environmental permit
- 4Inspection prior to operation
- 5Exercise of relevant functions
- 6Interpretation of the Landfill Directive for the exercise of relevant functions
- 7Interpretation of the Decision Annex for the exercise of relevant functions: general
- 8Interpretation of the Decision Annex for the exercise of relevant functions: additional acceptance criteria relating to physical stability and bearing capacity of granular waste
- 9Interpretation of the Decision Annex for the exercise of relevant functions: additional acceptance criteria in relating to monolithic waste
- 10Closure of a landfill
- 11Surrender applications
- Schedule 11: Provision in relation to waste motor vehicles
- 1Application
- 2Interpretation
- 3Exercise of relevant functions
- Schedule 12: Provision in relation to waste electrical and electronic equipment
- 1Application
- 2Interpretation
- 3Exercise of relevant functions
- Schedule 13: Provision in relation to waste incineration
- 1Application
- 2Interpretation
- 3Applications for an environmental permit
- 4Exercise of relevant functions
- Schedule 14: Provision in relation to SED installations
- 1Application
- 2Interpretation
- 3Exercise of relevant functions
- Schedule 15: Provision in relation to certain combustion plants
- 1Application
- 2Interpretation
- 3Exercise of relevant functions
- Schedule 16: Provision in relation to asbestos
- 1Application
- 2Interpretation
- 3Exercise of relevant functions
- Schedule 17: Provision in relation to titanium dioxide
- 1Application
- 2Interpretation
- 3Exercise of relevant functions
- Schedule 18: Provision in relation to petrol vapour recovery
- 1Application
- 2Interpretation
- 3Exercise of relevant functions
- Schedule 19: Public registers
- 1Matters to be included in a public register
- 2Information no longer relevant for public participation
- 3Formal cautions
- Schedule 20: Further provision relating to waste
- 1Interpretation: general
- 2Interpretation: specified functions
- 3Exercise of specified functions: all waste operations
- 4Exercise of specified functions: disposal of waste
- 5Periodic inspections
- 6Requirements applying to planning authorities
- Schedule 21: Consequential amendments
- Part 1: Public General Acts
- 1Public Health Act 1961
- 2Environmental Protection Act 1990
- 3Environmental Protection Act 1990
- 4Environmental Protection Act 1990
- 5Environmental Protection Act 1990
- 6Environmental Protection Act 1990
- 7Environmental Protection Act 1990
- 8Environmental Protection Act 1990
- 9Environmental Protection Act 1990
- 10Environmental Protection Act 1990
- 11Environmental Protection Act 1990
- 12Environmental Protection Act 1990
- 13Environmental Protection Act 1990
- 14Environmental Protection Act 1990
- 15Environmental Protection Act 1990
- 16Environmental Protection Act 1990
- 17Environmental Protection Act 1990
- 18Environmental Protection Act 1990
- 19Town and Country Planning Act 1990
- 20Water Industry Act 1991
- 21Water Resources Act 1991
- 22Clean Air Act 1993
- 23Environment Act 1995
- 24Goods Vehicles (Licensing of Operators) Act 1995
- 25Finance Act 1996
- 26Pollution Prevention and Control Act 1999
- 27Finance Act 2000
- Part 2: Subordinate legislation
- 28The Regulations as to Cremation (1930)
- 29The Deposits in the Sea (Exemptions) Order 1985
- 30The Radioactive Substances (Hospitals) Exemption Order 1990
- 31The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
- 32The Environmental Protection (Duty of Care) Regulations 1991
- 33The Controlled Waste Regulations 1992
- 34The Waste Management Licensing Regulations 1994
- 35The Conservation (Natural Habitats, &c.) Regulations 1994
- 36The Waste Management Licensing (Amendment etc.) Regulations 1995
- 37The Landfill Tax Regulations 1996
- 38The Waste Management Licensing (Amendment) Regulations 1998
- 39The Groundwater Regulations 1998
- 40The Water Protection Zone (River Dee Catchment) Designation Order 1999
- 41The Control of Pollution (Oil Storage) (England) Regulations 2001.
- 42The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002
- 43The End-of-Life Vehicles Regulations 2003
- 44The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003
- 45The Hazardous Waste (England and Wales) Regulations 2005
- 46The Hazardous Waste (Wales) Regulations 2005
- 47The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005
- 48The Greenhouse Gas Emissions Trading Scheme Regulations 2005
- 49The Contaminated Land (England) Regulations 2006
- 50The Contaminated Land (Wales) Regulations 2006
- 51The Waste Electrical and Electronic Equipment Regulations 2006
- 52The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
- 53The Waste Management (Miscellaneous Provisions) (England and Wales) Regulations 2007
- 54The Transfrontier Shipment of Waste Regulations 2007
- 55The Large Combustion Plants (National Emission Reduction Plan) Regulations 2007
- Schedule 22Revocations
- Schedule 23Repeals
- Explanatory note