Paragraph 1 Written management system conditionsF1

(1)

An environmental permit which meets each of the following criteria is subject to conditions A and B—

(a)

the permit was granted before 6th April 2008;

(b)

the permit does not authorise a waste operation carried on at an installation or by means of a Part B mobile plant; and

(c)

the permit does not, immediately before 7th April 2019, contain a condition referring to a management system recorded in writing relating to risks relating to pollution.

(2)

Condition A is that the operator must manage and operate the waste operation in accordance with a system (a “written management system”), described in a document or documents, which identifies and minimises the risks of pollution arising from the waste operation, including (but not limited to) those—

(a)

arising from operations (including maintenance);

(b)

arising from an accident or other incident;

(c)

arising from a failure to comply with or from a contravention of the environmental permit in question;

(d)

identified following a complaint; or

(e)

arising from the closure of the operation.

(3)

Condition B is that the operator must—

(a)

from time to time, review the written management system and keep it up to date; and

(b)

keep a written record of—

(i)

activities carried out in accordance with the written management system; and

(ii)

any review or update under paragraph (a).

(4)

If the regulator varies an environmental permit which meets the criteria in paragraph (1) so as to include a condition referring to a management system recorded in writing relating to risks relating to pollution, this paragraph ceases to apply to that environmental permit.

Annotations

Textual amendments

F1: Sch. 9 Pt. 3 inserted (7.4.2019) by The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1227), regs. 2(2), 4(5)