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The Environmental Permitting (England and Wales) (Amendment) (No. 3) Regulations 2015

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Citation and commencementE+W+S

1.  These Regulations may be cited as the Environmental Permitting (England and Wales) (Amendment) (No. 3) Regulations 2015 and come into force on 30th October 2015.

Amendment of the Environmental Permitting (England and Wales) Regulations 2010E+W+S

2.  The Environmental Permitting (England and Wales) Regulations 2010(1) are amended in accordance with regulations 3 to 5.

Amendment of regulation 37E+W+S

3.  In regulation 37 (suspension notices)—

(a)after paragraph (3) insert—

(3A) If the regulator considers that the manner of operating a regulated facility contravenes an environmental permit condition, and that such contravention involves a risk of pollution, it may serve a suspension notice on the operator.;

(b)in paragraph (4)—

(i)after “paragraph (2)” insert “or (3A)”;

(ii)for sub-paragraph (a)(i) to (iii) substitute—

(i)the risk mentioned in paragraph (2) or (3A);

(ii)the steps that must be taken to remove that risk;

(iii)in a case where paragraph (3A) applies, the matters constituting the contravention mentioned in that paragraph;

(iv)in a case where paragraph (3A) applies, the steps that must be taken to remedy that contravention; and

(v)the period within which the steps mentioned in paragraph (ii) or (iv) must be taken;; and

(c)after paragraph (7) insert—

(7A) Where a suspension notice has the effect of preventing waste of a specified description being accepted at a regulated facility, the notice may require the operator of that facility to display appropriate signs at such places as may be specified in the notice, informing the public that no further waste of a specified description may be accepted at that facility..

Amendment of regulation 42E+W+S

4.  For regulation 42 (enforcement by the High Court), substitute—

42.  The regulator may take proceedings in the High Court for the purpose of securing compliance with an enforcement notice, suspension notice, prohibition notice, landfill closure notice or mining waste facility closure notice (whether or not it has taken other steps for that purpose)..

Amendment of regulation 57E+W+S

5.  In regulation 57 (power of the regulator to prevent or remedy pollution)—

(a)for paragraph (1) substitute—

(1) If the regulator considers that a risk of serious pollution exists as a result of the operation of a regulated facility or an exempt facility, it may arrange for steps to be taken to remove that risk.;

(b)in paragraphs (4), (5)(a) and (5)(b), for “the operator” substitute “the relevant person”; and

(c)after paragraph (5) insert—

(6) In this regulation, “the relevant person” means—

(a)an operator;

(b)an establishment or undertaking carrying on an exempt waste operation; or

(c)a person carrying on a water discharge activity or groundwater activity..

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

5th October 2015

Carl Sargeant

Minister for Natural Resources

One of the Welsh Ministers

6th October 2015

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