Regulation 20 Variation of an environmental permit

(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; or

(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 of the United Kingdom under the Community Treaties; or

(ii)

a direction given by the appropriate authority under regulation 61.

(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).