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The Pollution Prevention and Control (England and Wales) (Amendment) (Wales) Regulations 2006

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Amendment of the Pollution Prevention and Control (England and Wales) Regulations 2000

2.—(1) The Pollution Prevention and Control (England and Wales) Regulations 2000(1) are amended as follows.

(2) In paragraph (2)(a) of regulation 32 (offences)(2)—

(a)for “£20,000” substitute “£50,000”; and

(b)for “six months” substitute “12 months”.

(3) Part 1 of Schedule 1 (Activities, Installations and Mobile Plant) is amended as follows—

(a)in Part B of Section 1.2 (Gasification, Liquefaction and Refining Activities)—

(i)replace the full stop at the end of paragraph (d) with a semi-colon and add the following paragraphs—

(e)motor vehicle refuelling activities at existing service stations, if the petrol refuelling throughput at the service station in any period of twelve months commencing on or after 1st January 2007 is, or it is likely to be, 3500mΔ or more;

(f)motor vehicle refuelling activities at new service stations, if the petrol refuelling throughput at the service station in any period of twelve months is likely to be 500mΔ or more.,

(ii)under the heading “Interpretation of Part B”, in paragraph 1 after the words “In this Part”, insert—

“existing service station” means a service station—

(a)

which is put into operation; or

(b)

for which planning permission under the Town and Country Planning Act 1990(3) was granted,

before 31st December 2009; and

(iii)under the heading “Interpretation of Part B”, in paragraph 1 before the definition of “petrol”, insert—

“new service station” means a service station which is put into operation on or after 31st December 2009 other than an existing service station;;

(b)in paragraph (f) of Part A(1) of Section 5.1 (Incineration and Co-incineration of Waste), after “burning” insert “landfill gas or”;

(c)in paragraph 4 of Part B of Section 7 (SED Activities)—

(i)for the words “coming into force of these Regulations”, on the first occasion when they appear, substitute the words “20th January 2004”,

(ii)in sub-paragraphs (a) and (b), for the words “date of coming into force of these Regulations”, substitute the words “20th January 2004”.

(4) Schedule 3 (Prescribed Date and Transitional Arrangements) is amended as follows—

(a)in Part 3 (SED Installations)—

(i)in paragraph 13(1), after “paragraphs” insert “13A,”,

(ii)after paragraph 13, insert—

13A.(1) An operator of an existing SED installation—

(a)involving only dry cleaning as defined in paragraph (2) of Part B of Section 7 of Part 1 of Schedule 1 (SED Activities), by means of coin-operated dry cleaners; and

(b)in respect of which no application for a permit to operate the existing SED installation is duly made by 31st October 2006,

shall be deemed to have made a notification to the regulator of the operator’s undertaking to cease to operate that existing SED installation by 31st October 2007.

(2) Where sub-paragraph (1) applies, the operator of an existing SED installation shall be relieved of the requirement to apply for a permit under regulation 10 (Permits: general provisions), and the operation of that existing SED installation until 31st October 2007 without a permit shall not constitute an offence under regulation 32(1)(a) (Offences).

(3) For the purposes of sub-paragraph (1), “coin-operated dry cleaners” include dry cleaning machines functioning by means of coins, tokens, cards or other similar triggering mechanisms.;

(b)after Part 4, insert a new Part 5 as set out in the Schedule to these Regulations.

(1)

S.I. 2000/1973; relevant amending instruments are S.I. 2004/107 and S.I. 2004/3276. Other amending legislation is not relevant to these Regulations.

(2)

These increased penalties will apply only in relation to offences committed after section 154(1) of the Criminal Justice Act 2003 (c. 44) is brought into force. See section 105(2) of the Clean Neighbourhoods and Environment Act 2005.

(3)

1990 c. 8, to which there are amendments not relevant to these Regulations.

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