Regulation 28 Inspections : large combustion installationsF6

United Kingdom

(1)

The Secretary of State must carry out routine inspections of F1large combustion installations in accordance with the programmes provided for under regulation 27(4).

(2)

The frequency of inspections of F2large combustion installations must be based on a systematic appraisal by the Secretary of State of the environmental risks of the installations and, subject to paragraph (5), the period between inspections must not exceed—

(a)

one year, for installations posing the highest environmental risks; and

(b)

three years, for installations posing the lowest environmental risks.

(3)

Where an inspection of F3a large combustion installation identifies important non-compliance with the conditions in the permit, a further inspection must be carried out within six months of that inspection.

(4)

The systematic appraisal referred to in paragraph (2) must be based on at least the following—

(a)

the impact and potential impact of F4the large combustion installation on the environment, taking into account—

(i)

the levels and types of emissions;

(ii)

the sensitivity of the local environment; and

(iii)

the risk of accidents;

(b)

the record of compliance by the operator with the conditions in the permit for the large combustion installation;

(c)

if applicable, whether or not the operator participates in EMAS M1 or an equivalent scheme.

(5)

The Secretary of State must carry out non-routine inspections of F5large combustion installations as soon as possible to investigate—

(a)

complaints made to the Secretary of State of serious environmental incidents;

(b)

serious environmental accidents or incidents; or

(c)

occurrences of serious non-compliance by the operator with the conditions in the permit.

(6)

Where appropriate, an inspection under paragraph (5) must take place before the Secretary of State decides whether or not to vary the conditions in a permit pursuant to regulations 12 or 13.

Annotations

Textual amendments

F1: Words in reg. 28(1) substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 35(b)
F2: Words in reg. 28(2) substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 35(b)
F3: Words in reg. 28(3) substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 35(c)
F4: Words in reg. 28(4) substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 35(d)
F5: Words in reg. 28(5) substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 35(b)
F6: Words in reg. 28 heading inserted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 35(a)

Marginal citations

M1: EMAS is the eco-management and audit scheme established pursuant to EU Regulation 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (OJ L 342, 22.12.2009, p1).