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The Environmental Permitting (England and Wales) Regulations 2007

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2007, ISBN 9780110788760

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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—

(a)

the Environment Agency;

(b)

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

(c)

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

  1. Part 1: General
  2. 1Citation, commencement and extent
  3. 2Interpretation: general
  4. 3Interpretation: activities, installations and mobile plant
  5. 4Interpretation: excluded waste operation
  6. 5Interpretation: exempt waste operation
  7. 6Interpretation: local authority
  8. 7Interpretation: operator
  9. 8Interpretation: regulated facility
  10. 9Interpretation: relevant function
  11. 10Giving notices, notifications and directions, and the submission of forms
  12. Part 2: Environmental Permits
  13. Chapter 1: Application of these Regulations to the Crown and requirement for an environmental permit
  14. 11Application of these Regulations to the Crown
  15. 12Requirement for an environmental permit
  16. Chapter 2: Grant of an environmental permit
  17. 13Grant of an environmental permit
  18. 14Content and form of an environmental permit
  19. 15Conditions in relation to certain land
  20. 16Mobile plant operating on the site of another regulated facility: conflict of permit conditions
  21. 17Single site permits etc.
  22. 18Consolidation of an environmental permit
  23. 19Subsistence of an environmental permit
  24. Chapter 3: Variation, transfer, revocation and surrender of an environmental permit
  25. 20Variation of an environmental permit
  26. 21Transfer of an environmental permit
  27. 22Revocation of an environmental permit: general
  28. 23Revocation of an environmental permit: steps to be taken after the revocation takes effect
  29. 24Notification of the surrender of an environmental permit
  30. 25Application to surrender an environmental permit
  31. Chapter 4: Standard rules
  32. 26Preparation and revision of standard rules
  33. 27Standard rules as conditions of an environmental permit
  34. 28Notification of revisions of standard rules
  35. 29Revocation of standard rules
  36. 30Variation of an environmental permit: revocation of standard rules
  37. Chapter 5: Appeals in relation to environmental permits
  38. 31Appeals to an appropriate authority
  39. Part 3: Discharge of functions in relation to a regulated facility
  40. 32Discharge of functions
  41. 33Direction to a regulator: discharge of functions by a different regulator
  42. 34Review of environmental permits and inspection of regulated facilities
  43. 35Provision in relation to types of regulated facility
  44. Part 4: Enforcement and offences
  45. 36Enforcement notices
  46. 37Suspension notices
  47. 38Offences
  48. 39Penalties
  49. 40Defence: acts done in an emergency
  50. 41Offences by bodies corporate
  51. 42Enforcement by the High Court
  52. 43Admissibility of evidence
  53. 44Power of court to order cause of offence to be remedied
  54. Part 5: Public Registers
  55. 45Interpretation of this Part
  56. 46Duty of the regulator to maintain a public register
  57. 47Exclusion from public registers of information affecting national security
  58. 48Exclusion from public registers of confidential information
  59. 49Procedure if the regulator considers that information may be confidential
  60. 50Duty to determine confidentiality
  61. 51Determination of confidentiality
  62. 52Procedure following a determination
  63. 53Appeals in relation to confidentiality
  64. 54Consequences of an appeal
  65. 55Reconsideration of confidentiality
  66. 56Directions of the appropriate authority in relation to confidentiality
  67. Part 6: Powers and functions of the regulator and the appropriate authority
  68. 57Power of the regulator to prevent or remedy pollution
  69. 58Environment Agency: notices in relation to emissions to water
  70. 59Environment Agency: public participation statement
  71. 60Power to require the provision of information
  72. 61Directions to a regulator: general
  73. 62Reference of applications to an appropriate authority
  74. 63Directions to the Agency: installations outside the United Kingdom
  75. 64Guidance to regulators and exemption registration authorities
  76. 65Fees and charges in relation to local authorities
  77. 66Plans relating to emissions
  78. Part 7: Miscellaneous and transitional provision, savings, consequential amendments, revocations and repeals
  79. 67Interpretation of this Part
  80. 68Further provision in relation to waste
  81. 69Transitional provision: general
  82. 70Transitional provision: conversion of permits and licences subject to certain applications
  83. 71Transitional provision: conversion of PPC permits resulting from applications in relation to existing Part A installations and mobile plant
  84. 72Savings
  85. 73Consequential amendments
  86. 74Revocations and repeals
  87. Signature
  88. Schedule 1: Activities
  89. Part 1: Interpretation and application: general
  90. 1Interpretation
  91. 2Activities falling within more than one Part description
  92. 3Application of activities falling within Sections 1.1 to 6.9 of Part 2
  93. 4Capacity: Part A(1) and A(2) descriptions
  94. 5Operation below thresholds: effect on the installation
  95. 6Application of Part B activities: releases into the air
  96. 7References to releases into water
  97. 8References to certain substances
  98. Part 2: Activities
  99. Chapter 1: Energy activities
  100. Combustion activities
  101. Interpretation of Section 1.1
  102. 1Paragraph 1
  103. Interpretation and application of Part A(1)
  104. 1Paragraph 1
  105. 2Paragraph 2
  106. 3Paragraph 3
  107. 4Paragraph 4
  108. 5Paragraph 5
  109. Interpretation and application of Part B
  110. 1Paragraph 1
  111. 2Paragraph 2
  112. 3Paragraph 3
  113. SECTION 1.2Gasification, Liquefaction and Refining Activities
  114. Interpretation and application of Part A(1)
  115. 1Paragraph 1
  116. 2Paragraph 2
  117. 3Paragraph 3
  118. Interpretation of Part B
  119. 1Paragraph 1
  120. 2Paragraph 2
  121. Chapter 2: Production and Processing of Metals
  122. Ferrous Metals
  123. Interpretation of Section 2.1
  124. 1Paragraph 1
  125. Non-Ferrous Metals
  126. Interpretation and application of Section 2.2
  127. 1Paragraph 1
  128. 2Paragraph 2
  129. Interpretation of Part A(1)
  130. 1Paragraph 1
  131. Interpretation and application of Part B
  132. 1Paragraph 1
  133. 2Paragraph 2
  134. SECTION 2.3Surface Treating Metals and Plastic Materials
  135. Chapter 3: Mineral Industries
  136. SECTION 3.1Production of Cement and Lime
  137. Activities Involving Asbestos
  138. Interpretation of Section 3.2
  139. 1Paragraph 1
  140. SECTION 3.3Manufacturing Glass and Glass Fibre
  141. SECTION 3.4Production of Other Mineral Fibres
  142. SECTION 3.5Other Mineral Activities
  143. 1Interpretation and application of Part B
  144. 2Interpretation and application of Part B
  145. SECTION 3.6Ceramic Production
  146. Interpretation of Part B
  147. 1Paragraph 1
  148. Chapter 4
  149. The Chemical Industry
  150. Interpretation of Chapter 4
  151. 1Paragraph 1
  152. Organic Chemicals
  153. Interpretation of Section 4.1
  154. 1Paragraph 1
  155. SECTION 4.2Inorganic Chemicals
  156. SECTION 4.3Chemical Fertiliser Production
  157. SECTION 4.4Plant Health Products and Biocides
  158. SECTION 4.5Pharmaceutical Production
  159. SECTION 4.6Explosives Production
  160. SECTION 4.7Manufacturing Activities Involving Carbon Disulphide or Ammonia
  161. SECTION 4.8The Storage of Chemicals in Bulk
  162. Chapter 5: Waste Management
  163. Incineration and Co-incineration of Waste
  164. Interpretation of Section 5.1
  165. 1Paragraph 1
  166. Application of Part B
  167. 1Paragraph 1
  168. SECTION 5.2Disposal of Waste by Landfill
  169. SECTION 5.3Disposal of Waste Other Than by Incineration or Landfill
  170. Interpretation and application of Part A(1)
  171. 1Paragraph 1
  172. 2Paragraph 2
  173. 3Paragraph 3
  174. SECTION 5.4Recovery of Waste
  175. Interpretation and application of Part A(1)
  176. 1Paragraph 1
  177. 2Paragraph 2
  178. 3Paragraph 3
  179. SECTION 5.5The Production of Fuel from Waste
  180. Chapter 6: Other Activities
  181. SECTION 6.1Paper, Pulp and Board Manufacturing Activities
  182. Interpretation of Part A(1)
  183. 1Paragraph 1
  184. SECTION 6.2Carbon Activities
  185. SECTION 6.3Tar and Bitumen Activities
  186. Interpretation of Part B
  187. 1Paragraph 1
  188. SECTION 6.4Coating Activities, Printing and Textile Treatments
  189. Interpretation and application of Part B
  190. 1Paragraph 1
  191. 2Paragraph 2
  192. 3Paragraph 3
  193. SECTION 6.5The Manufacture of Dyestuffs, Printing Ink and Coating Materials
  194. Interpretation of Part B
  195. 1Paragraph 1
  196. 2Paragraph 2
  197. SECTION 6.6Timber Activities
  198. Interpretation of Part B
  199. 1Paragraph 1
  200. SECTION 6.7Activities Involving Rubber
  201. The Treatment of Animal and Vegetable Matter and Food Industries
  202. Interpretation of Section 6.8
  203. 1Paragraph 1
  204. SECTION 6.9Intensive Farming
  205. SECTION 7SED Activities
  206. Interpretation and application of Part B
  207. 1Paragraph 1
  208. 2Paragraph 2
  209. 3Paragraph 3
  210. Schedule 2: Exempt waste operations: general
  211. 1Interpretation: general
  212. 2Interpretation: exemption registration authority
  213. 3Registration, notification and consent requirements for exempt waste operations
  214. 4Registration of exempt waste operations
  215. 5Duty to remove entries from the register
  216. 6Extra requirements in relation to recovery and storage of scrap metal or waste motor vehicles
  217. 7Removal of entries in relation to recovery and storage of scrap metal or waste motor vehicles
  218. 8Notifiable exempt waste operations: giving notice
  219. 9Notifiable exempt waste operations: changes to the quantity of waste disposed of or recovered
  220. 10Notifiable exempt waste operations: renewal notices
  221. 11Notifiable exempt waste operations: duties of the exemption registration authority
  222. 12Record keeping
  223. 13Periodic inspections
  224. Schedule 3: Descriptions: exempt waste operations and other operations to which section 33(1)(a) of the 1990 Act does not apply
  225. Part 1: Exempt waste operations: descriptions
  226. 1Interpretation
  227. 2Scrap metal furnaces
  228. 3Burning waste as a fuel
  229. 4Packaging or containers
  230. 5Burning waste as a fuel in small appliances
  231. 6Sludge on land
  232. 7Waste for the benefit of land
  233. 8Storage of sludge which is to be used in accordance with the 1989 Regulations
  234. 9Land reclamation or improvement
  235. 10Sewage and water treatment works
  236. 11Preparatory treatments of certain waste
  237. 12Composting waste
  238. 13Construction and soil materials
  239. 14Manufacturing finished goods
  240. 15Use of waste
  241. 16Biobeds
  242. 17Storage of waste in a secure place
  243. 18Waste in secure containers
  244. 19Waste for construction
  245. 20Recovery of textiles
  246. 21Preparatory treatments of waste plant matter
  247. 22Recovery of silver
  248. 23Recovery of waste consisting of animal by-products at a collection centre
  249. 24Crushing, grinding or size reduction of bricks, tiles or concrete
  250. 25Waterway dredging
  251. 26Recovery or disposal as part of the production process
  252. 27Baling, compacting, crushing, shredding or pulverising
  253. 28Spreading ash
  254. 29Disposal by burning at the place of production
  255. 30Burning waste in the open
  256. 31Waste from railway sanitary conveniences or sinks
  257. 32Waste from sanitary conveniences with removable receptacles
  258. 33Peatworking
  259. 34Railway ballast
  260. 35Waste from prospecting
  261. 36Spreading dredgings
  262. 37The deposit of agricultural waste consisting of plant tissue at the place of production
  263. 38Samples of waste
  264. 39Storage of medicines and medical, nursing or veterinary waste
  265. 40Repair or refurbishment of WEEE
  266. 41Secure storage of WEEE
  267. 42Crushing waste discharge lamps
  268. 43Glass Manufacture and Production
  269. 44Heating metals and metal alloys for the purpose of removing grease, oil or any other non-metallic contaminant
  270. 45Recovery of scrap metal or the dismantling of waste motor vehicles
  271. 46Burning plant tissue waste and wood at a dock
  272. 47Treating land by the spreading of agricultural waste
  273. 48Pet burial
  274. Part 2: Other operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions
  275. 49Temporary storage of ships' garbage or tank washings
  276. 50Storing non-liquid waste pending its management elsewhere
  277. 51Temporary storage of scrap rails
  278. 52Temporary storage of waste on the site where it is produced
  279. Schedule 4: Application of these Regulations to the Crown
  280. 1Crown application
  281. 2Contravention of these Regulations by the Crown
  282. 3Entry to Crown premises
  283. 4Service on certain Crown operators
  284. Schedule 5: Environmental permits
  285. Part 1: Grant, variation, transfer and surrender of environmental permits
  286. 1Interpretation
  287. 2Making an application
  288. 3Withdrawing an application
  289. 4Further information in respect of a duly-made application
  290. 5Public participation: scope
  291. 6Public participation in relation to certain applications
  292. 7Calculation of the consultation communication period
  293. 8Public participation in relation to regulator initiated variations
  294. 9Consultation: conditions mentioned in regulation 15(1)
  295. 10Consultation with other member States
  296. 11Duty to consider representations
  297. 12Duty to determine an application
  298. 13Identity and competence of the operator
  299. 14Surrender applications
  300. 15Time limits for determination
  301. 16Calculation of the relevant period
  302. 17Notification of a determination or decision
  303. 18Date of effect of certain determinations and decisions
  304. 19Form of certain determinations and decisions: consolidation of permits
  305. Part 2: Compensation in relation to conditions affecting certain interests in land
  306. 20Interpretation
  307. 21Entitlement to compensation
  308. 22Loss and damage for which compensation is payable
  309. 23Date when entitlement to compensation arises
  310. 24Application for compensation
  311. 25Assessment of the amount to be paid by way of compensation
  312. 26Payment of compensation
  313. 27Interest payable on compensation
  314. Schedule 6: Appeals to the appropriate authority
  315. 1Interpretation
  316. 2Making an appeal
  317. 3Time limit for making an appeal
  318. 4Notice to affected and interested persons
  319. 5Hearing before an appointed person
  320. 6Notice of determination of an appeal
  321. 7Procedure following the quashing of a determination of an appropriate authority
  322. Schedule 7: Provision in relation to Part A installations and Part A mobile plant
  323. 1Application
  324. 2Interpretation
  325. 3Exercise of regulator’s functions: general
  326. 4Applications for an environmental permit
  327. 5Exercise of relevant functions
  328. 6Public participation
  329. 7Review of environmental permits
  330. 8Developments in best available techniques
  331. Schedule 8: Provision in relation to Part B installations and Part B mobile plant
  332. 1Application
  333. 2Interpretation
  334. 3Exercise of regulator’s functions: general
  335. 4Applications for an environmental permit
  336. 5Exercise of relevant functions
  337. 6Review of environmental permits
  338. 7Developments in best available techniques
  339. Schedule 9: Provision in relation to waste operations
  340. 1Application
  341. 2Grant of an environmental permit: requirement for prior planning permission
  342. 3Exercise of relevant functions: all waste operations
  343. 4Exercise of relevant functions: disposal of waste
  344. Schedule 10: Provision in relation to landfill
  345. 1Application
  346. 2Interpretation: general
  347. 3Applications for an environmental permit
  348. 4Inspection prior to operation
  349. 5Exercise of relevant functions
  350. 6Interpretation of the Landfill Directive for the exercise of relevant functions
  351. 7Interpretation of the Decision Annex for the exercise of relevant functions: general
  352. 8Interpretation of the Decision Annex for the exercise of relevant functions: additional acceptance criteria relating to physical stability and bearing capacity of granular waste
  353. 9Interpretation of the Decision Annex for the exercise of relevant functions: additional acceptance criteria in relating to monolithic waste
  354. 10Closure of a landfill
  355. 11Surrender applications
  356. Schedule 11: Provision in relation to waste motor vehicles
  357. 1Application
  358. 2Interpretation
  359. 3Exercise of relevant functions
  360. Schedule 12: Provision in relation to waste electrical and electronic equipment
  361. 1Application
  362. 2Interpretation
  363. 3Exercise of relevant functions
  364. Schedule 13: Provision in relation to waste incineration
  365. 1Application
  366. 2Interpretation
  367. 3Applications for an environmental permit
  368. 4Exercise of relevant functions
  369. Schedule 14: Provision in relation to SED installations
  370. 1Application
  371. 2Interpretation
  372. 3Exercise of relevant functions
  373. Schedule 15: Provision in relation to certain combustion plants
  374. 1Application
  375. 2Interpretation
  376. 3Exercise of relevant functions
  377. Schedule 16: Provision in relation to asbestos
  378. 1Application
  379. 2Interpretation
  380. 3Exercise of relevant functions
  381. Schedule 17: Provision in relation to titanium dioxide
  382. 1Application
  383. 2Interpretation
  384. 3Exercise of relevant functions
  385. Schedule 18: Provision in relation to petrol vapour recovery
  386. 1Application
  387. 2Interpretation
  388. 3Exercise of relevant functions
  389. Schedule 19: Public registers
  390. 1Matters to be included in a public register
  391. 2Information no longer relevant for public participation
  392. 3Formal cautions
  393. Schedule 20: Further provision relating to waste
  394. 1Interpretation: general
  395. 2Interpretation: specified functions
  396. 3Exercise of specified functions: all waste operations
  397. 4Exercise of specified functions: disposal of waste
  398. 5Periodic inspections
  399. 6Requirements applying to planning authorities
  400. Schedule 21: Consequential amendments
  401. Part 1: Public General Acts
  402. 1Public Health Act 1961
  403. 2Environmental Protection Act 1990
  404. 3Environmental Protection Act 1990
  405. 4Environmental Protection Act 1990
  406. 5Environmental Protection Act 1990
  407. 6Environmental Protection Act 1990
  408. 7Environmental Protection Act 1990
  409. 8Environmental Protection Act 1990
  410. 9Environmental Protection Act 1990
  411. 10Environmental Protection Act 1990
  412. 11Environmental Protection Act 1990
  413. 12Environmental Protection Act 1990
  414. 13Environmental Protection Act 1990
  415. 14Environmental Protection Act 1990
  416. 15Environmental Protection Act 1990
  417. 16Environmental Protection Act 1990
  418. 17Environmental Protection Act 1990
  419. 18Environmental Protection Act 1990
  420. 19Town and Country Planning Act 1990
  421. 20Water Industry Act 1991
  422. 21Water Resources Act 1991
  423. 22Clean Air Act 1993
  424. 23Environment Act 1995
  425. 24Goods Vehicles (Licensing of Operators) Act 1995
  426. 25Finance Act 1996
  427. 26Pollution Prevention and Control Act 1999
  428. 27Finance Act 2000
  429. Part 2: Subordinate legislation
  430. 28The Regulations as to Cremation (1930)
  431. 29The Deposits in the Sea (Exemptions) Order 1985
  432. 30The Radioactive Substances (Hospitals) Exemption Order 1990
  433. 31The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
  434. 32The Environmental Protection (Duty of Care) Regulations 1991
  435. 33The Controlled Waste Regulations 1992
  436. 34The Waste Management Licensing Regulations 1994
  437. 35The Conservation (Natural Habitats, &c.) Regulations 1994
  438. 36The Waste Management Licensing (Amendment etc.) Regulations 1995
  439. 37The Landfill Tax Regulations 1996
  440. 38The Waste Management Licensing (Amendment) Regulations 1998
  441. 39The Groundwater Regulations 1998
  442. 40The Water Protection Zone (River Dee Catchment) Designation Order 1999
  443. 41The Control of Pollution (Oil Storage) (England) Regulations 2001.
  444. 42The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002
  445. 43The End-of-Life Vehicles Regulations 2003
  446. 44The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003
  447. 45The Hazardous Waste (England and Wales) Regulations 2005
  448. 46The Hazardous Waste (Wales) Regulations 2005
  449. 47The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005
  450. 48The Greenhouse Gas Emissions Trading Scheme Regulations 2005
  451. 49The Contaminated Land (England) Regulations 2006
  452. 50The Contaminated Land (Wales) Regulations 2006
  453. 51The Waste Electrical and Electronic Equipment Regulations 2006
  454. 52The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
  455. 53The Waste Management (Miscellaneous Provisions) (England and Wales) Regulations 2007
  456. 54The Transfrontier Shipment of Waste Regulations 2007
  457. 55The Large Combustion Plants (National Emission Reduction Plan) Regulations 2007
  458. Schedule 22Revocations
  459. Schedule 23Repeals
  460. Explanatory note