Schedule 5 (environmental permits)
46.—(1) Part 1 of Schedule 5 to the principal Regulations is amended as follows.
(2) In paragraph 5(1)(c) omit “, unless the facility is a Part A installation”.
(3) In paragraph 5(4)(d)for “paragraph (d) or (e)” substitute “paragraphs (d) to (g)”.
(4) In paragraph 5(5)—
(a)for the definition of “dry cleaning” substitute—
““dry cleaning” means an industrial or commercial activity using volatile organic compounds to clean garments, furnishing and similar consumer goods excluding the manual removal of stains and spots in the textile or clothing industry;”;
(b)omit the definitions of “co-incineration plant” and “incineration plant”;
(c)in the definition of “substantial change”, in paragraph (b) for “an incineration plant or co-incineration plant” substitute “a waste incineration plant or waste co-incineration plant”.
(5) In paragraph 10 (consultation with other member States)—
(a)in sub-paragraph (4)—
(i)in the definition of “member State”, for “the IPPC Directive” substitute “Annex I to the Industrial Emissions Directive”;
(ii)in the definition of “relevant Article”, for “Article 18 of the IPPC Directive” substitute “Article 26 of the Industrial Emissions Directive”;
(iii)in the definition of “relevant information”, for “Annex V to the IPPC Directive” substitute “Annex IV to the Industrial Emissions Directive”;
(b)in sub-paragraph (5) for “IPPC Directive” substitute “Industrial Emissions Directive”.
(6) In paragraph 16(3)(d) for “IPPC Directive” substitute “Industrial Emissions Directive”.
(7) After paragraph 19 insert—
“Incidents and accidents: deemed condition of a permit
20. Every environmental permit in relation to a regulated facility to which Schedule 7A, 13A or 14 applies is deemed to contain the following conditions, unless such conditions are included in the permit—
(a)in the event that the operation of a regulated facility gives rise to an incident or accident which significantly affects the environment, the operator of that regulated facility must immediately—
(i)inform the regulator,
(ii)take the measures necessary to limit the environmental consequences of such an incident or accident, and
(iii)take the measures necessary to prevent further possible incidents or accidents;
(b)in the event of a breach of any condition of a permit, the operator of a regulated facility must immediately—
(i)inform the regulator, and
(ii)take the measures necessary to ensure that compliance is restored within the shortest possible time;
(c)in the event of a breach of any condition of a permit which poses an immediate danger to human health or threatens to cause an immediate significant adverse effect on the environment, the operator of a regulated facility must immediately suspend the operation of the regulated facility or the relevant part of it until compliance with the condition of the permit has been restored.”.