xmlns:atom="http://www.w3.org/2005/Atom"

Statutory Instruments

2016 No. 1154

Environmental Protection, England And Wales

The Environmental Permitting (England and Wales) Regulations 2016

Made

11th December 2016

Coming into force in accordance with regulation 1(1)

The Secretary of State and the Welsh Ministers make these Regulations in exercise of the powers conferred by—

(a)sections 2 and 7(9) of, and Schedule 1 to, the Pollution Prevention and Control Act 1999 (“the 1999 Act”)(1);

(b)sections 61 and 90 of, and Schedule 8 to, the Water Act 2014 (“the 2014 Act”)(2); and

(c)paragraph 1A of Schedule 2 to the European Communities Act 1972(3).

The Secretary of State also makes these Regulations in exercise of the powers conferred by section 62 of the Regulatory Enforcement and Sanctions Act 2008 (“the 2008 Act”)(4).

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972(5) and it appears to the Secretary of State and the Welsh Ministers that it is expedient for the reference to Commission Decision 2000/532/EC(6) mentioned in paragraph 1(1) of Chapter 1 of Part 1 of Schedule 3 to these Regulations to be construed as a reference to that instrument as amended from time to time.

In accordance with section 2(4) of the 1999 Act and section 61(5) of the 2014 Act, the Secretary of State and the Welsh Ministers have consulted—

(a)the Environment Agency,

(b)the Natural Resources Body for Wales,

(c)such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses as they consider appropriate, and

(d)such other bodies or persons as they consider appropriate.

In accordance with section 61(3) of the 2014 Act, the Secretary of State and the Welsh Ministers have had regard to the desirability of reducing burdens by ensuring that so far as is reasonably practicable any system established by regulations under that section is combined with, or is consistent with, systems for regulating activities or other matters that cause pollution.

In accordance with section 66 of the 2008 Act, the Secretary of State is satisfied that the Environment Agency will act in accordance with the principles referred to in section 5(2) of that Act in exercising the powers in Schedule 26 to these Regulations to impose a civil sanction in relation to an offence.

A draft of this instrument has been approved by a resolution of each House of Parliament and by the National Assembly for Wales pursuant to section 2(8) and (9)(d) and (e) of the 1999 Act(7) and sections 62(7) and (8) and 90(3) of the 2014 Act.

PART 1General

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Environmental Permitting (England and Wales) Regulations 2016 and come into force 21 days after the day on which these Regulations are made.

(2) These Regulations extend to England and Wales only.

(3) They apply in relation to—

(a)England and the sea adjacent to England out as far as the seaward boundary of the territorial sea, and

(b)Wales, within the meaning given by section 158 of the Government of Wales Act 2006(8).

(4) In paragraph (3)(a), the sea adjacent to England is so much of the sea adjacent to Great Britain as—

(a)is not the sea adjacent to Scotland, and

(b)does not form part of Wales.

(5) In paragraph (4)(a), the sea adjacent to Scotland has the same meaning as the internal waters and territorial sea of the United Kingdom adjacent to Scotland has by virtue of section 126(2) of the Scotland Act 1998(9).

Interpretation: general

2.—(1) In these Regulations—

“the 1980 Act” means the Highways Act 1980(10);

“the 1990 Act” means the Environmental Protection Act 1990(11);

“the 1991 Act” means the Water Resources Act 1991(12);

“the 1993 Act” means the Radioactive Substances Act 1993(13);

“the 1995 Act” means the Environment Act 1995(14);

“the 2007 Regulations” means the Environmental Permitting (England and Wales) Regulations 2007(15);

“the 2010 Regulations” means the Environmental Permitting (England and Wales) Regulations 2010(16);

“the Agency” means the Environment Agency;

“agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act 1947(17);

“appropriate agency” means—

(a)

in relation to England, the Agency, and

(b)

in relation to Wales, the NRBW,

and references to the “area” of an appropriate agency are to be construed accordingly;

“appropriate authority” means—

(a)

in relation to England, the Secretary of State, and

(b)

in relation to Wales, the Welsh Ministers;

“Category A mining waste facility” means a mining waste facility that is classified as Category A under Article 9 of the Mining Waste Directive;

“class”, in relation to a regulated facility, is to be construed in accordance with regulation 8;

“coastal waters” has the meaning given in section 104 of the 1991 Act;

“confidential information” means information that is commercially or industrially confidential in relation to any person;

“culvert” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25;

“disposal”—

(a)

except in relation to a radioactive substances activity, has the meaning given in paragraph 2 of Part 1 of Schedule 9;

(b)

in relation to a radioactive substances activity, has the meaning given in paragraph 1 of Part 2 of Schedule 23;

“drainage” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

“effluent” has the same meaning as in the 1991 Act;

“emission” means—

(a)

in relation to a Part A installation, the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation into the air, water or land;

(b)

in relation to a Part B installation, the direct release of substances or heat from individual or diffuse sources in the installation into the air;

(c)

in relation to a solvent emission activity, the direct or indirect release of substances from individual or diffuse sources in the regulated facility into the air;

(d)

in relation to Part B mobile plant, the direct release of substances or heat from the mobile plant into the air;

(e)

in relation to a waste operation, the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources related to the operation into the air, water or land;

(f)

in relation to a mining waste operation, the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources related to the operation into the air, water or land;

(g)

in relation to a radioactive substances activity, the direct or indirect release of radioactive material or radioactive waste;

(h)

in relation to a small waste incineration plant, the direct or indirect release of substances from individual or diffuse sources in the regulated facility into the air or water;

“enforcement notice” means a notice served under regulation 36;

“enforcement undertaking” has the meaning given in paragraph 1(3) of Schedule 26;

“environmental permit” has the meaning given in regulation 13(1);

“environmental permit condition” means a condition of an environmental permit;

“establishment” has the same meaning as in the Waste Framework Directive;

“excluded flood risk activity” has the meaning given in paragraph 4 of Part 1 of Schedule 25;

“excluded waste operation” means any part of a waste operation not carried on at an installation or by means of Part B mobile plant—

(a)

that—

(i)

requires a marine licence under the Marine and Coastal Access Act 2009(18), or

(ii)

does not require such a licence by virtue of any provision made by or under section 74, 75(19) or 77 of that Act and does not involve the dismantling of a ship that is waste, or

(b)

that relates to waste described in regulation 3(2) of the Controlled Waste (England and Wales) Regulations 2012(20);

“exempt facility” has the meaning given in regulation 5;

“exempt flood risk activity” has the meaning given in regulation 5;

“exempt groundwater activity” has the meaning given in regulation 5;

“exempt waste operation” has the meaning given in regulation 5;

“exempt water discharge activity” has the meaning given in regulation 5;

“exemption authority” has the meaning given in paragraph 2 of Schedule 2;

“exemption registration authority” has the meaning given in paragraph 2 of Schedule 2;

“existing mining waste facility” means a mining waste facility in operation on 1st May 2008;

“extractive waste” means waste within the meaning of Article 2(1) of the Mining Waste Directive, except where it is excluded from the scope of that Directive by Article 2(2)(a) and (b);

“flood defence structure” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

“flood risk activity” has the meaning given in paragraph 3 of Part 1 of Schedule 25;

“flood risk activity emergency works notice” means a notice served under paragraph 7 of Part 1 of Schedule 25;

“flood risk activity notice of intent” means a notice served under paragraph 9(2) of Part 1 of Schedule 25;

“flood risk activity remediation notice” means a notice served under paragraph 8 of Part 1 of Schedule 25;

“groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

“groundwater activity” has the meaning given in paragraph 3 of Schedule 22;

“hazardous substance” has the meaning given in paragraph 4 of Schedule 22;

“hazardous waste”, subject to paragraph (7)

(a)

in relation to England, has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005(21);

(b)

in relation to Wales, has the meaning given in regulation 6 of the Hazardous Waste (Wales) Regulations 2005(22);

“highway drain” means a drain which a highway authority or other person is entitled to keep open by virtue of section 100 of the 1980 Act(23);

“household waste” has the meaning given in section 75(5) of the 1990 Act;

“inland freshwaters” has the meaning given in section 104 of the 1991 Act;

“installation” has the meaning given in paragraph 1(1) of Part 1 of Schedule 1;

“lake or pond” and “waters of any lake or pond” have the same meaning as in section 104 of the 1991 Act;

“landfill” has the meaning given in paragraph 2(1)(d) of Schedule 10;

“landfill closure notice” means a closure notice served under paragraph 10 of Schedule 10;

“local authority” has the meaning given in regulation 6;

“main river” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

“mining waste facility” has the meaning given in paragraph 2(1) of Schedule 20;

“mining waste facility closure notice” means a closure notice served under paragraph 10 of Schedule 20;

“mining waste operation” has the meaning given in paragraph 2(1) of Schedule 20;

“mobile plant” means either of the following—

(a)

Part B mobile plant;

(b)

waste mobile plant;

“mobile radioactive apparatus” has the meaning given in paragraph 1 of Part 2 of Schedule 23;

“the NRBW” means the Natural Resources Body for Wales;

“net rated thermal input” has the meaning given in paragraph 1(1) of Part 1 of Schedule 1;

“non-hazardous waste”, subject to paragraph (7), means waste which is not hazardous waste;

“non-tidal main river” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

“nuclear site”, in relation to a radioactive substances activity, has the meaning given in paragraph 1 of Part 2 of Schedule 23;

“operate a regulated facility” and “operator” have the meaning given in regulation 7;

“Part A(1) activity” means an activity falling within Part A(1) of any Section in Part 2 of Schedule 1;

“Part A(2) activity” means an activity falling within Part A(2) of any Section in Part 2 of Schedule 1;

“Part A installation” means a Part A(1) installation or a Part A(2) installation;

“Part A(1) installation” means an installation where a Part A(1) activity is carried on either alone or in combination with any or all of the following—

(a)

a Part A(2) activity;

(b)

a Part B activity;

(c)

the operation of a small waste incineration plant;

(d)

a solvent emission activity;

“Part A(2) installation” means an installation where a Part A(2) activity is carried on either alone or in combination with any or all of the following—

(a)

a Part B activity;

(b)

the operation of a small waste incineration plant;

(c)

a solvent emission activity;

“Part B activity” means an activity falling within Part B of any Section in Part 2 of Schedule 1;

“Part B installation” means, subject to Sections 2.2, 5.1 and 6.4 in Part 2 of Schedule 1, an installation, not being a Part A installation, where a Part B activity is carried on either alone or in combination with either or both of the following—

(a)

the operation of a small waste incineration plant;

(b)

a solvent emission activity;

“Part B mobile plant” means plant that is designed to move or be moved whether on roads or other land and that is used to carry on a Part B activity;

“pollutant” means any substance liable to cause pollution;

“pollution”, in relation to a water discharge activity or groundwater activity, means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may—

(a)

be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems,

(b)

result in damage to material property, or

(c)

impair or interfere with amenities or other legitimate uses of the environment;

“pollution”, other than in relation to a water discharge activity or groundwater activity, means any emission as a result of human activity which may—

(a)

be harmful to human health or the quality of the environment,

(b)

cause offence to a human sense,

(c)

result in damage to material property, or

(d)

impair or interfere with amenities or other legitimate uses of the environment;

“prescribed statutory provision” means—

(a)

Part 4 of the Marine and Coastal Access Act 2009(24),

(b)

section 163 of the 1991 Act(25),

(c)

section 165 of the Water Industry Act 1991(26), or

(d)

any local statutory provision (within the meaning given in section 221 of the 1991 Act) or statutory order which expressly confers power to discharge effluent into water;

“prohibition notice” means a notice served under paragraph 9 of Schedule 22;

“proposed transferee” means the person to whom an operator or a regulator proposes to transfer an environmental permit in whole or in part;

“public participation provisions” means regulations 26, 29 and 60, and paragraphs 6 and 8 of Part 1 of Schedule 5;

“public register” has the meaning given in regulation 46(1);

“radioactive material” has the meaning given in paragraph 3 of Part 2 of Schedule 23;

“radioactive substances activity” has the meaning given in paragraph 11 of Part 2 of Schedule 23;

“radioactive substances exemption” means an exemption under Part 6 of Schedule 23 from the requirement for an environmental permit in respect of a radioactive substances activity;

“radioactive waste” has the meaning given in paragraph 3 of Part 2 of Schedule 23;

“recovery” has the meaning given in paragraph 2 of Part 1 of Schedule 9;

“register” and “registered”, in relation to an exempt facility, have the meanings given in paragraph 1(1) of Schedule 2;

“regulated facility” has the meaning given in regulation 8;

“regulator” means the authority on whom functions are conferred by regulation 32, or by a direction under regulation 33;

“regulator-initiated variation” means the variation of an environmental permit on the initiative of the regulator under regulation 20(1);

“relevant function” has the meaning given in regulation 9;

“relevant territorial waters” has the meaning given in section 104(1) of the 1991 Act;

“remote defence” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25;

“revocation notice” means a notice served under regulation 22(3);

“river control works” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25;

“rule-making authority” means—

(a)

in relation to a regulated facility for which a local authority is the regulator, the appropriate authority, and

(b)

in relation to any other regulated facility, the appropriate agency;

“sea defence” has the meaning given in paragraph 3(3) of Part 1 of Schedule 25;

“sewage effluent” has the meaning given in section 221 of the 1991 Act;

“sewer” has the same meaning as in the 1991 Act;

“small waste incineration plant” means a waste incineration plant or waste co-incineration plant with a capacity less than or equal to 10 tonnes per day for hazardous waste or 3 tonnes per hour for non-hazardous waste;

“solvent emission activity” means an activity to which Chapter V of the Industrial Emissions Directive applies;

“standard facility” means a regulated facility described in standard rules published under regulation 26(5);

“stand-alone flood risk activity” means a flood risk activity that is not carried on as part of the operation of a regulated facility of another class;

“stand-alone groundwater activity” means a groundwater activity that is not carried on as part of the operation of a regulated facility of another class;

“stand-alone water discharge activity” means a water discharge activity that is not carried on as part of the operation of a regulated facility of another class;

“suspension notice” means a notice served under regulation 37;

“tidal main river” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

“trade effluent” has the meaning given in section 221 of the 1991 Act;

“undertaking”, except in relation to a radioactive substances activity, has the same meaning as in the Waste Framework Directive;

“vessel”, except in Section 2.2 of Chapter 2 of Part 2 of Schedule 1 and in paragraph 14 of Part 2 of Schedule 23, has the same meaning as in the 1991 Act;

“waste”, subject to paragraph (6), and except where otherwise defined—

(a)

in relation to Chapter 5 of Part 2 of Schedule 1 and Schedules 13 to 15, 17 and 19, means anything that—

(i)

is waste within the meaning of Article 3(1) of the Waste Framework Directive, and

(ii)

is not excluded from the scope of that Directive by Article 2(1)(d) of that Directive;

(b)

in any other case means anything that—

(i)

is waste within the meaning of Article 3(1) of the Waste Framework Directive, and

(ii)

is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;

“waste battery” and “accumulator” have the meaning given in Article 3(7) of the Batteries Directive, but do not include any waste which is excluded from the scope of that Directive by Article 2(2);

“waste co-incineration plant” means a stationary or mobile technical unit whose main purpose is the generation of energy or production of material products and which uses waste as a regular or additional fuel or in which waste is thermally treated for the purpose of disposal through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated;

“waste incineration plant” means a stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated;

“waste mobile plant” means plant that is—

(a)

designed to move or be moved whether on roads or other land,

(b)

used to carry on a waste operation, and

(c)

not an installation or Part B mobile plant;

“waste oil” means mineral-based lubricating or industrial oil which has become unfit for the use for which it was originally intended and, in particular, used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil;

“waste operation” means recovery or disposal of waste;

“watercourse” has the meaning given in paragraph 2(1) of Part 1 of Schedule 25;

“water discharge activity” has the meaning given in paragraph 3 of Schedule 21;

“WEEE” has the meaning given in Article 3(1)(e) of the WEEE Directive;

“working day” means a day other than—

(a)

a Saturday or a Sunday,

(b)

Good Friday or Christmas Day, or

(c)

a day which is a bank holiday under the Banking and Financial Dealings Act 1971(27).

(2) In paragraph (1), “statutory order” means any order, byelaw, scheme or award made under any enactment, including an order or scheme confirmed by Parliament or the National Assembly for Wales, or brought into operation in accordance with special parliamentary procedure or special procedure in the Assembly.

(3) For the purpose of calculating a period of time from one event to another event, that period—

(a)starts at the beginning of the day on which the first event occurs, and

(b)ends at the end of the day on which the second event occurs.

(4) In these Regulations, a power to give a direction includes a power to vary or revoke it.

(5) Paragraph (6) applies where a person (“A”)—

(a)carries on a radioactive substances activity described in paragraph 11(2)(b) or (c) or (4) of Part 2 of Schedule 23 in respect of radioactive waste,

(b)is exempt under regulation 12(3) from the requirement for an environmental permit in respect of that activity and that waste (“the relevant exemption”), and

(c)the waste (“the applicable radioactive waste”) is—

(i)NORM waste (as that term is defined in paragraph 2 of Part 6 of Schedule 23), or

(ii)the waste described in the first, second or sixth row of column 1 of Table 6 in Part 6 of Schedule 23.

(6) Where this paragraph applies, for so long as the relevant exemption applies to A, the applicable radioactive waste must be treated for the purposes of these Regulations as if it were waste other than radioactive waste.

(7) In relation to an activity that falls within Chapter 5 of Part 2 of Schedule 1 or Schedule 13, hazardous waste means waste which displays any of the characteristics listed in Annex III to the Waste Framework Directive.

Interpretation: Directives

3.  In these Regulations—

“the Asbestos Directive” means Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos(28);

“the Basic Safety Standards Directive” means Council Directive 96/29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation(29);

“the Batteries Directive” means Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators(30);

“the End-of-Life Vehicles Directive” means Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles(31);

“the Energy Efficiency Directive” means Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency(32);

“the Groundwater Directive” means Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration(33);

“the HASS Directive” means Council Directive 2003/122/Euratom on the control of high-activity sealed radioactive sources and orphan sources(34);

“the Industrial Emissions Directive” means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control)(35);

“the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste(36), as read with Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of, and Annex II to, Directive 1999/31/EC(37);

“the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries(38);

“PVR I” means European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations(39);

“PVR II” means Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations(40);

“the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste(41);

“the Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy(42);

“the WEEE Directive” means Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE)(43).

Exempt facilities and the application of section 33(1)(a) of the 1990 Act

4.—(1) Schedule 2 (exempt facilities: general) has effect.

(2) Schedule 3 (exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions) has effect.

(3) Section 33(1)(a) of the 1990 Act(44)—

(a)does not apply to an operation which—

(i)falls within a description in Part 5 of Schedule 3, and

(ii)meets the conditions specified in that Part for that description, and

(b)does not apply to extractive waste at any time before the requirement for an environmental permit under regulation 12 applies in respect of the deposit of that waste.

Interpretation: exempt facilities

5.  In these Regulations—

“exempt facility” means—

(a)

an exempt waste operation,

(b)

an exempt water discharge activity,

(c)

an exempt groundwater activity, or

(d)

an exempt flood risk activity;

“exempt flood risk activity” means a flood risk activity that meets the requirements of paragraph 9 of Schedule 2;

“exempt groundwater activity” means—

(a)

a stand-alone groundwater activity that meets the requirements of—

(i)

in relation to Wales only, paragraph 7 of Schedule 2;

(ii)

in relation to England only, paragraph 8 of Schedule 2, or

(b)

a groundwater activity that—

(i)

is a groundwater tracer test as defined in paragraph 1 of Part 3 of Schedule 3,

(ii)

is also a radioactive substances activity by virtue of the using of radioactive material as a part of that test, and

(iii)

meets the requirements of—

(aa)

in relation to Wales only, paragraph 7 of Schedule 2;

(bb)

in relation to England only, paragraph 8 of Schedule 2;

“exempt waste operation” means a waste operation—

(a)

that is not carried on at an installation, and

(b)

that meets the requirements of paragraph 4(1) of Schedule 2;

“exempt water discharge activity” means a stand-alone water discharge activity that meets the requirements of—

(a)

in relation to Wales only, paragraph 5 of Schedule 2;

(b)

in relation to England only, paragraph 6 of Schedule 2.

Interpretation: local authority

6.—(1) In these Regulations, “local authority” means—

(a)in England outside Greater London—

(i)a district council,

(ii)where there is a county council but no district council, the county council, or

(iii)the Council of the Isles of Scilly;

(b)in Greater London—

(i)the council of a London borough,

(ii)the Common Council of the City of London,

(iii)the Sub-Treasurer of the Inner Temple, or

(iv)the Under-Treasurer of the Middle Temple;

(c)in Wales—

(i)a county council, or

(ii)a county borough council.

(2) Where a port health authority has been constituted for a port health district by an order under section 2 of the Public Health (Control of Disease) Act 1984(45) that authority is the local authority for the area covered by that district in relation to a Part B installation, a small waste incineration plant or a solvent emission activity.

Interpretation: operate a regulated facility and operator

7.  In these Regulations—

“operate a regulated facility” means—

(a)

operate an installation or mobile plant, or

(b)

carry on a waste operation, mining waste operation, radioactive substances activity, water discharge activity, groundwater activity, small waste incineration plant operation, solvent emission activity or flood risk activity;

“operator”, in relation to a regulated facility, means—

(a)

the person who has control over the operation of the regulated facility,

(b)

if the regulated facility has not yet been put into operation, the person who will have control over the regulated facility when it is put into operation, or

(c)

if a regulated facility authorised by an environmental permit ceases to be in operation, the person who holds the environmental permit.

Interpretation: regulated facility and class of regulated facility

8.—(1) In these Regulations, “regulated facility” means any of the following—

(a)an installation;

(b)mobile plant;

(c)a waste operation;

(d)a mining waste operation;

(e)a radioactive substances activity;

(f)a water discharge activity;

(g)a groundwater activity;

(h)a small waste incineration plant;

(i)a solvent emission activity;

(j)a flood risk activity.

(2) But the following are not regulated facilities—

(a)an exempt facility;

(b)an excluded waste operation;

(c)the disposal or recovery of household waste from a domestic property within the curtilage of that property by a person other than an establishment or undertaking;

(d)an excluded flood risk activity.

(3) In these Regulations, a reference to a class of regulated facility is a reference to a class in paragraph (1).

(4) A regulated facility of any of the following classes may be carried on as part of the operation of a regulated facility of another class—

(a)a waste operation;

(b)a mining waste operation;

(c)a water discharge activity;

(d)a groundwater activity;

(e)a small waste incineration plant;

(f)a solvent emission activity;

(g)a flood risk activity.

Interpretation: relevant function

9.  In these Regulations, “relevant function” means any of the following functions—

(a)determining an application—

(i)for the grant of an environmental permit under regulation 13(1);

(ii)for the variation of an environmental permit under regulation 20(1);

(iii)for the transfer of an environmental permit in whole or in part under regulation 21(1);

(iv)for the surrender of an environmental permit in whole or in part under regulation 25(2);

(b)varying an environmental permit—

(i)on the initiative of the regulator under regulation 20(1);

(ii)in relation to a transfer in whole or in part under regulation 21(1) or (3);

(iii)in relation to a partial revocation under regulation 22(1);

(iv)in relation to a partial surrender under regulation 24(2) or 25(2);

(c)revoking an environmental permit in whole or in part under regulation 22(1);

(d)exercising the power to serve a notice under Schedule 21 or 25 requiring a person to hold an environmental permit;

(e)exercising the following powers or duty—

(i)any power in relation to standard rules in Chapter 4 of Part 2;

(ii)the duty to vary an environmental permit after revocation of standard rules in regulation 30(3);

(f)exercising any of the following powers relating to enforcement—

(i)the power to serve an enforcement notice;

(ii)the power to serve a suspension notice;

(iii)the power to serve a prohibition notice;

(iv)the power to serve a landfill closure notice;

(v)the power to serve a mining waste facility closure notice;

(g)exercising the power to serve a flood risk activity emergency works notice, a flood risk activity notice of intent or a flood risk activity remediation notice;

(h)exercising the power to take steps under paragraph 9(1) of Part 1 of Schedule 25.

Giving notices, notifications and directions, and the submission of forms

10.—(1) In this regulation, “instrument” means a notice, notification, certificate, direction or form under these Regulations.

(2) An instrument must be in writing.

(3) An instrument may be served on or given to a person by—

(a)personal delivery,

(b)leaving it at the person’s proper address, or

(c)sending it by post or electronic means to the person’s proper address.

(4) In the case of a body corporate, an instrument may be served on or given to a director of that body or the secretary or clerk.

(5) In the case of a partnership, an instrument may be served on or given to a partner or a person having control or management of the partnership business.

(6) In paragraph (3), “proper address” means—

(a)in the case of a body corporate, a director of the body or the secretary or clerk—

(i)the registered or principal office of that body, or

(ii)the email address of the director, secretary or clerk;

(b)in the case of a partnership or a partner or person having control or management of the partnership business—

(i)the principal office of the partnership, or

(ii)the email address of a partner or a person having that control or management;

(c)in any other case, a person’s last known address, which includes an email address.

(7) For the purposes of paragraph (6), the principal office of a company registered outside the United Kingdom or of a partnership established outside the United Kingdom is their principal office in the United Kingdom.

(8) A form provided by the regulator which specifies an electronic address for submission may be submitted electronically to that address.

(9) A form provided by the regulator for completion and submission through a website may be submitted through that site.

PART 2Environmental permits

CHAPTER 1Application to the Crown and requirement for an environmental permit

Application to the Crown

11.  Schedule 4 (application of these Regulations to the Crown) has effect.

Requirement for an environmental permit

12.—(1) A person must not, except under and to the extent authorised by an environmental permit—

(a)operate a regulated facility, or

(b)cause or knowingly permit a water discharge activity or groundwater activity.

(2) Paragraph (1)(b) does not apply if the water discharge activity or groundwater activity is an exempt facility.

(3) In respect of a radioactive substances activity, paragraph (1) does not apply to a person to whom a radioactive substances exemption applies for that activity.

(4) Paragraph (5) applies to a person (“A”) who—

(a)receives radioactive waste from another person (“B”) for the purposes of A disposing of that waste, and

(b)subsequently disposes of that waste.

(5) Where this paragraph applies, A does not require an environmental permit—

(a)for the receipt of waste from B, where B holds an environmental permit which allows B to dispose of the waste to A, or

(b)for the subsequent disposal of that waste by A, where the waste is disposed of in accordance with the permit held by B.

CHAPTER 2Grant of an environmental permit

Grant of an environmental permit

13.—(1) On the application of an operator, the regulator may grant the operator a permit (an “environmental permit”) authorising—

(a)the operation of a regulated facility, and

(b)that operator as the person authorised to operate that regulated facility.

(2) Regulation 17 applies in relation to the grant of a single permit authorising the operation of more than one regulated facility by the same operator.

(3) Part 1 of Schedule 5 applies in relation to an application for the grant of an environmental permit.

Content and form of an environmental permit

14.—(1) An environmental permit must specify—

(a)the regulated facility whose operation it authorises, and

(b)the operator of that regulated facility.

(2) An environmental permit that authorises the operation of a regulated facility (“regulated facility A”) need not specify any regulated facility of another class that is carried on as part of the operation of regulated facility A.

(3) An environmental permit may be in electronic form.

(4) An environmental permit must include a map, plan or other description of the site showing the geographical extent of the site of the regulated facility.

(5) But if there is more than one regulated facility on the site, the map, plan or other description need show only the combined extent of all the facilities.

(6) Paragraphs (4) and (5) do not apply to an environmental permit authorising—

(a)the operation of mobile plant, or

(b)the carrying on of a radioactive substances activity described in paragraph 11(5) of Part 2 of Schedule 23.

Conditions in relation to certain land

15.—(1) Conditions in an environmental permit may require the operator to carry out works or do other things in relation to land which the operator is not entitled to do or carry out without obtaining the consent of another person.

(2) If an environmental permit contains such a condition, the person whose consent is required must grant the operator such rights as are necessary to enable the operator to comply with the condition.

(3) Part 2 of Schedule 5 (compensation) applies where such rights are granted.

(4) Conditions in an environmental permit authorising the carrying on of a flood risk activity have effect as a local land charge where those conditions—

(a)in accordance with the power in paragraph 6 of Part 1 of Schedule 25, relate to—

(i)the operation or maintenance of any structure or works, or

(ii)access to any structure, works or watercourse by the regulator, and

(b)are expressed to apply from time to time.

(5) Where the Agency proposes to grant an application in relation to a flood risk activity in England subject to a condition which has effect in accordance with paragraph (4), the regulator must give notice of the proposed condition and the period within which representations on the proposed condition are to be made (which period must not expire less than 20 days after the day on which the notice is served) to—

(a)the landowner, lessee and occupier, where none is the applicant;

(b)the landowner and lessee, where the occupier is the applicant;

(c)the landowner and occupier, where the lessee is the applicant;

(d)the lessee and occupier, where the landowner is the applicant.

(6) Where the NRBW proposes to grant an application in relation to a flood risk activity in Wales subject to a condition which has effect in accordance with paragraph (4), the regulator must not issue the relevant permit unless the applicant has demonstrated to the satisfaction of the regulator that consent for that permit to be issued subject to such a condition has been given by—

(a)the landowner, lessee and occupier, where none is the applicant;

(b)the landowner and lessee, where the occupier is the applicant;

(c)the landowner and occupier, where the lessee is the applicant;

(d)the lessee and occupier, where the landowner is the applicant.

(7) In paragraphs (5) and (6), “landowner” means the person, other than a mortgagee not in possession, who—

(a)is receiving the rack rent of the land, whether on the person’s own account or as agent or trustee for another person, or

(b)would receive the rack rent if the land were let at a rack rent.

Mobile plant operating on the site of another regulated facility: conflict of permit conditions

16.  If—

(a)an environmental permit (“permit A”) authorises the operation of mobile plant on the site of another regulated facility the operation of which is authorised under a separate environmental permit (“permit B”), and

(b)there is an inconsistency between the requirements imposed by permit A and those imposed by permit B,

the requirements imposed by permit B prevail.

Single site permits etc.

17.—(1) Except as otherwise provided by this regulation, a regulator may not authorise the operation of more than one regulated facility under a single environmental permit.

(2) The regulator may authorise, under a single environmental permit, the operation by the same operator—

(a)of more than one mobile plant,

(b)of more than one radioactive substances activity described in paragraph 11(5) of Part 2 of Schedule 23,

(c)of more than one regulated facility on the same site,

(d)of more than one standard facility on more than one site,

(e)of more than one flood risk activity on more than one site, or

(f)of more than one radioactive substances activity described in paragraph 11(6) of Part 2 of Schedule 23 on more than one site, where all such activities are in respect of the use or potential use of the same premises for underground disposal (within the meaning of paragraph 11(7) of that Schedule).

(3) But if a groundwater activity is carried on as part of a radioactive substances activity by the same operator on the same site, the regulator must authorise the carrying on of the groundwater activity under the same environmental permit that authorises the carrying on of the radioactive substances activity.

Consolidation of an environmental permit

18.—(1) Paragraph (2) applies if the same operator is authorised by more than one environmental permit to operate—

(a)more than one mobile plant,

(b)more than one flood risk activity on the same site or on more than one site,

(c)more than one standard facility, or

(d)more than one regulated facility on the same site.

(2) The regulator may replace the environmental permits (“old permits”) with a consolidated environmental permit—

(a)applying to the same regulated facilities, and

(b)subject to the same conditions that applied to the old permits, but varied as the regulator thinks fit.

(3) The regulator may replace a consolidated environmental permit (“old permit”) with two or more environmental permits (“new permits”).

(4) Each of the new permits is subject to whichever conditions of the old permit are relevant, varied as the regulator thinks fit.

(5) The regulator may replace a single environmental permit (“old permit”) which has been varied with a consolidated environmental permit subject to the same conditions that applied to the old permit.

(6) A variation made by a regulator under this regulation—

(a)is taken to be a regulator-initiated variation under regulation 20(1), and

(b)may only be made in accordance with regulation 20.

(7) Paragraphs 17 to 19 of Part 1 of Schedule 5 apply in relation to the decision to make a regulator-initiated variation and the notification of such a decision.

Subsistence of an environmental permit

19.  Once granted, an environmental permit continues in force until—

(a)it is revoked in whole in accordance with regulation 22,

(b)it is surrendered in whole in accordance with—

(i)regulation 24, or

(ii)regulation 25 and Part 1 of Schedule 5,

(c)it is replaced with a consolidated permit in accordance with any of the following—

(i)regulation 18(2);

(ii)regulation 22(5);

(iii)paragraph 19(2) of Part 1 of Schedule 5, or

(d)it ceases to have effect in accordance with regulation 71(3) or (4).

CHAPTER 3Variation, transfer, revocation and surrender of an environmental permit

Variation of an environmental permit

20.—(1) The regulator may vary an environmental permit on the application of the operator or on its own initiative.

(2) A variation under this regulation must not reduce the extent of the site of a regulated facility.

(3) Paragraph (2) does not apply if the variation relates to any part of an environmental permit (or if applicable, the whole permit) that authorises the operation of a regulated facility of the following description—

(a)a Part B installation, except to the extent that it relates to a waste operation;

(b)a stand-alone water discharge activity or stand-alone groundwater activity.

(4) With respect to any part of an environmental permit (or if applicable, the whole permit) that authorises the carrying on of a stand-alone water discharge activity, a regulator must not, without the agreement of the operator, on its own initiative—

(a)within 4 years after the grant of the permit, vary any condition of the permit that relates to the water discharge activity, or

(b)within 4 years after the variation of a condition of the permit that relates to the water discharge activity, further vary that condition.

(5) Paragraph (4) does not apply if—

(a)the regulated facility is a standard facility,

(b)the regulator, on its own initiative, varies an environmental permit, or any condition of a permit, in order to comply with—

(i)an obligation of the United Kingdom under the EU Treaties, or

(ii)a direction given by the appropriate authority under regulation 62, or

(c)the regulator, on its own initiative, varies an environmental permit, or any condition of a permit, in consequence of a transfer or partial transfer of an environmental permit under regulation 21.

(6) Part 1 of Schedule 5 applies in relation to an application for the variation of an environmental permit or a proposal to vary an environmental permit on the initiative of the regulator under paragraph (1).

(7) With respect to any part of an environmental permit (or if applicable, the whole permit) that authorises the carrying on of a stand-alone flood risk activity, the regulator must not, without the agreement of the operator, of its own initiative vary any condition of the permit that relates to the flood risk activity unless—

(a)in the opinion of the regulator, the circumstances in which the activity is or is to be carried on have changed such that any of the objectives in paragraph 5 of Part 1 of Schedule 25 would no longer be met, and

(b)in the case of a variation that relates to an activity that involves any construction or works, the variation relates to aspects of the construction or works which have not yet been completed.

(8) Paragraph (7) does not apply if the regulator, of its own initiative, varies an environmental permit, or any condition of a permit, in order to comply with—

(a)an obligation of the United Kingdom under the EU Treaties, or

(b)a direction given by the appropriate authority under regulation 62.

Transfer of an environmental permit

21.—(1) The regulator may transfer to a proposed transferee an environmental permit or any part of an environmental permit—

(a)if the operator is one individual (A) and the regulator is satisfied that A cannot be found, on the application of the proposed transferee only,

(b)if the operator is two or more individuals (A and B) and the regulator is satisfied that A cannot be found, on the joint application of B and the proposed transferee, or

(c)otherwise, on the joint application of the operator and the proposed transferee.

(2) Part 1 of Schedule 5 applies in relation to an application for the transfer of an environmental permit in whole or in part.

(3) Paragraph (1) does not apply to an environmental permit (or any part of a permit) that authorises the carrying on of a stand-alone water discharge activity, stand-alone groundwater activity or a stand-alone flood risk activity.

(4) The regulator may transfer to a proposed transferee an environmental permit to which paragraph (1) does not apply, or any part of that permit—

(a)if the operator is one individual (A) and the regulator is satisfied that A cannot be found, on the notification of the proposed transferee only,

(b)unless sub-paragraph (c) applies, if the operator is two or more individuals (A and B) and the regulator is satisfied that A cannot be found, on the joint notification of B and the proposed transferee,

(c)if the operator is two or more individuals (A and B) and the proposed transferee is two or more individuals (B and C), where B is both an operator and a proposed transferee—

(i)on the joint notification of A and C, or

(ii)if the regulator is satisfied that A cannot be found, on the notification of C only, or

(d)otherwise, on the joint notification of the operator and the proposed transferee.

(5) A notification must—

(a)be made on the form provided by the regulator,

(b)include such information as is specified on the form, and

(c)specify a date on which the transfer is to take place, which must be not less than 20 working days after the date on which the notification is given.

(6) A transfer following a notification takes effect on the date specified in the notification.

(7) In the case of a partial transfer following a notification, the regulator must grant a new environmental permit to the transferee subject to the same conditions as the original permit, varied in consequence of the partial transfer.

(8) If—

(a)an enforcement notice or a suspension notice is in force in respect of an environmental permit, and

(b)the permit is transferred to another person, either in whole or in part,

the duty to comply with the enforcement notice or, as the case may be, the suspension notice is also transferred to the other person to the extent that it relates to the permit or part transferred.

(9) Unless a proposed transferee makes a joint application or gives a joint notification, the regulator may not transfer to the proposed transferee an environmental permit or any part of an environmental permit in respect of a regulated facility that ceased to be in operation more than 6 months before the proposed date of transfer.

Revocation of an environmental permit: general

22.—(1) The regulator may revoke an environmental permit in whole or in part.

(2) If the regulator revokes an environmental permit in part, it may vary the permit conditions to the extent that it considers necessary to take account of the revocation.

(3) Where the regulator decides to revoke an environmental permit it must serve a notice on the operator specifying—

(a)the reasons for the revocation,

(b)in the case of a partial revocation—

(i)the extent to which the environmental permit is being revoked, and

(ii)any variation to the conditions of the environmental permit, and

(c)the date on which the revocation will take place, which must not be less than 20 working days after the date on which the notice is served.

(4) Unless the regulator withdraws a revocation notice, an environmental permit ceases to have effect on the date specified in the notice—

(a)in the case of a revocation in whole, entirely,

(b)in the case of a partial revocation, to the extent of the part revoked.

(5) In the case of a partial revocation, the regulator may replace the environmental permit with a consolidated environmental permit reflecting the variation.

(6) Any variation made by a regulator under this regulation—

(a)is taken to be a regulator-initiated variation under regulation 20(1), and

(b)may only be made in accordance with regulation 20.

(7) Paragraphs 17 to 19 of Part 1 of Schedule 5 apply in relation to the decision to make a regulator-initiated variation and the notification of such a decision.

(8) Where an environmental permit authorises in whole or in part an operation which becomes an exempt operation, that part of the permit which authorises the exempt operation is revoked on the date that the operation is registered as an exempt operation.

(9) In paragraph (8), “operation” means a waste operation, stand-alone water discharge activity or stand-alone groundwater activity.

Revocation of an environmental permit: steps to be taken after the revocation takes effect

23.—(1) This regulation applies where the regulator has decided to revoke an environmental permit, or part of a permit, and the regulator considers that, after the revocation takes effect, it is appropriate for the operator to take steps—

(a)to avoid a pollution risk resulting from the operation of the regulated facility, or

(b)to return the site of the regulated facility to a satisfactory state, having regard to the state of the site before the facility was put into operation.

(2) But this regulation does not apply if the revocation relates to any part of an environmental permit (or if applicable, the whole permit) that authorises the operation of a regulated facility of the following description—

(a)a Part B installation, except to the extent that it relates to a waste operation;

(b)mobile plant;

(c)a stand-alone water discharge activity or stand-alone groundwater activity.

(3) If the operator is already required to take the steps mentioned in paragraph (1) under the environmental permit, the revocation notice must specify the regulator’s view under paragraph (1) and state that paragraph (4) applies.

(4) The environmental permit continues to have effect to the extent that it requires the steps to be taken until the regulator issues a certificate stating that it is satisfied that all the steps have been taken.

(5) If the operator is not already required to take the steps mentioned in paragraph (1) under the environmental permit, the revocation notice must specify the regulator’s view under paragraph (1) and the steps to be taken.

(6) If paragraph (5) applies, unless the regulator issues a certificate stating that it is satisfied that all the steps have been taken, the steps must be treated as if they were conditions of an environmental permit for the purposes of—

(a)regulation 20,

(b)regulation 36, and

(c)the offence in regulation 38(2).

Notification of the surrender of an environmental permit

24.—(1) This regulation applies to any part of an environmental permit (or if applicable, the whole permit) that authorises the operation of a regulated facility of the following description or class—

(a)a Part B installation, except to the extent that it relates to a waste operation;

(b)mobile plant;

(c)a solvent emission activity;

(d)a stand-alone water discharge activity or stand-alone groundwater activity;

(e)a stand-alone flood risk activity, except where the environmental permit has been granted subject to a condition that is to operate beyond the time when the activity is complete.

(2) By notification to the regulator, the operator may surrender that part of an environmental permit (or if applicable, the whole permit) to which this regulation applies.

(3) A notification must—

(a)be made on the form provided by the regulator,

(b)include such information as is specified in the form, and

(c)specify the date on which the surrender is to take place, which—

(i)in all cases, must not be less than 20 working days after the date on which the notification is given, and

(ii)in the case of a stand-alone flood risk activity where the regulator has specified in the environmental permit a date by which the activity must be completed, must not be earlier than the day after that date.

(4) Subject to paragraph (7), the environmental permit ceases to have effect on the date specified in the notification to the extent specified there.

(5) Paragraphs (6) and (7) apply to a partial surrender if the regulator considers it necessary to vary the environmental permit conditions to take account of that surrender.

(6) The regulator must serve a notice on the operator specifying—

(a)the regulator’s view under paragraph (5),

(b)the variation, and

(c)the date the variation takes effect.

(7) If the date specified in the notice under paragraph (6)(c) is later than the date specified in the notification under paragraph (3)(c), the variation and partial surrender both take effect on the later date.

Application for the surrender of an environmental permit

25.—(1) This regulation applies to an environmental permit, or any part of a permit, to which regulation 24 does not apply.

(2) By application to the regulator, an operator may surrender an environmental permit, or that part of a permit, to which this regulation applies.

(3) Part 1 of Schedule 5 applies in relation to an application for the surrender of an environmental permit in whole or in part.

CHAPTER 4Standard rules

Preparation and revision of standard rules

26.—(1) A rule-making authority may prepare standard rules for such regulated facilities as are described in those rules.

(2) In preparing or revising standard rules the authority must consult—

(a)such persons as it considers are representative of the interests of communities likely to be affected by, or persons operating, the regulated facilities described in the rules, and

(b)such other persons as it considers are likely to be affected by or have an interest in the rules.

(3) But the duty in paragraph (2) does not apply in relation to revisions which comprise only minor administrative changes.

(4) The authority must keep under review all standard rules published by it under this regulation and revise those rules when it considers necessary.

(5) The authority must publish on its website all standard rules prepared or revised by it under this regulation.

(6) The duty in paragraph (2) may be satisfied by a consultation carried out partially or wholly before the coming into force of these Regulations.

Standard rules as conditions of an environmental permit

27.—(1) This regulation applies where a rule-making authority has published standard rules under regulation 26(5).

(2) At the request of the operator of a standard facility the regulator may include in the environmental permit authorising the operation of the facility a term providing that the relevant rules are conditions of the permit.

(3) If the regulator includes such a term, the relevant rules are conditions of the permit for the purposes of these Regulations, but there is no right of appeal under regulation 31 in relation to such a condition or the relevant rules.

(4) In this regulation, “relevant rules” means the standard rules which apply to the standard facility.

Notification of revisions of standard rules

28.—(1) This regulation applies where the rule-making authority proposes to revise standard rules under regulation 26(4).

(2) Before the rule-making authority complies with regulation 26(5), the regulator must notify any operator who holds a relevant environmental permit—

(a)of the proposed revisions,

(b)of the date when the revised rules will be published and when they take effect (in accordance with paragraph (3)), and

(c)that on the date the revised rules take effect they will become conditions of the environmental permit.

(3) The revised rules take effect—

(a)in relation to a relevant environmental permit, 3 months after the date when the revised rules are published under regulation 26(5), except where the revisions comprise only minor administrative changes (in which case they take effect in accordance with sub-paragraph (b));

(b)in any other case, when published under regulation 26(5).

(4) In this regulation, “relevant environmental permit” means an environmental permit which will be affected by the proposed revisions.

Revocation of standard rules

29.  The rule-making authority may revoke standard rules, but before doing so must consult the persons referred to in regulation 26(2).

Variation of an environmental permit: revocation of standard rules

30.—(1) This regulation applies to an environmental permit which includes a standard rules term if the standard rules applying by virtue of that term are revoked by the regulator.

(2) The revoked rules continue to have effect until the regulator varies the permit under paragraph (3).

(3) As soon as reasonably practicable after the revocation of the rules, the regulator must vary the permit so as to—

(a)remove the standard rules term, and

(b)include such alternative conditions as it considers appropriate.

(4) In this regulation, “standard rules term” means a term of the type mentioned in regulation 27(2).

CHAPTER 5Appeals in relation to environmental permits

Appeals to an appropriate authority

31.—(1) Subject to paragraphs (2) and (3), the following persons may appeal to the appropriate authority—

(a)a person whose application is refused;

(b)a person who is aggrieved by a decision to impose an environmental permit condition following that person’s application;

(c)a person who is aggrieved by a decision to impose a condition on an environmental permit held by that person—

(i)as a result of a regulator-initiated variation, or

(ii)to take account of the partial transfer, partial revocation or partial surrender of that environmental permit;

(d)a person who is aggrieved by the deemed withdrawal under paragraph 4(2) of Part 1 of Schedule 5 of that person’s duly-made application;

(e)a person who is aggrieved by a decision relating to an environmental permit held by that person not to authorise the closure procedure mentioned in—

(i)Article 13 of the Landfill Directive after a request referred to in Article 13(a)(ii) of that Directive, or

(ii)Article 12 of the Mining Waste Directive after a request referred to in Article 12(2)(b) of that Directive;

(f)a person on whom an enforcement notice, a revocation notice, suspension notice, prohibition notice, landfill closure notice, mining waste facility closure notice, flood risk activity emergency works notice, flood risk activity notice of intent or flood risk activity remediation notice is served.

(2) Paragraph (1) does not apply where—

(a)the relevant decision or notice implements a direction of the appropriate authority given under—

(i)regulation 62(1),

(ii)regulation 63(1) or (6), or

(iii)paragraph (6) of this regulation, or

(b)an application for the grant or variation of an environmental permit in relation to a Category A mining waste facility that is an existing mining waste facility is refused pursuant to paragraph 14(2) of Schedule 20.

(3) Paragraph (1)(f) does not apply to the extent that a revocation notice or suspension notice is served because of a failure to pay a charge prescribed in a scheme made under regulation 66(1) in respect of the subsistence of an environmental permit.

(4) On the determination of an appeal in respect of a notice, the appropriate authority—

(a)may quash or affirm the notice, and

(b)if it affirms the notice, may affirm it with or without modifications.

(5) When determining an appeal in respect of a decision, the appropriate authority has the same powers as the regulator had when making the decision.

(6) On the determination of an appeal in respect of a decision, unless the appropriate authority affirms the decision the authority must direct the regulator to give effect to its determination when sending a copy of it to the regulator under paragraph 6(2)(a) of Schedule 6.

(7) Except as otherwise provided by this regulation—

(a)an appeal does not have the effect of suspending a decision or notice; but

(b)if an appeal is brought against a revocation notice, the notice does not take effect until the final determination or the withdrawal of the appeal.

(8) Subject to paragraph (11), paragraph (7)(b) does not apply if the revocation notice—

(a)relates to any part of an environmental permit (or if applicable, the whole permit) that authorises the carrying on of a stand-alone water discharge activity, and

(b)states that, in the opinion of the regulator, the revocation is necessary for the purpose of preventing or, where that is not practicable, minimising, pollution.

(9) If an appeal is brought under paragraph (1)(c)(i) in respect of a decision to impose a condition on an environmental permit in relation to a stand-alone water discharge activity, the imposition of the environmental permit condition does not take effect, subject to paragraphs (10) and (11), until the final determination or the withdrawal of the appeal.

(10) Paragraph (9) does not apply if the notice effecting the decision includes a statement that, in the opinion of the regulator, the imposition of the condition is necessary for the purpose of preventing or, where that is not practicable, minimising, pollution.

(11) If the appropriate authority, on the application of the appellant, determines that the regulator acted unreasonably in excluding the application of paragraph (7)(b) or (9), then—

(a)if the appeal is still pending at the end of the day on which the determination is made, paragraph (7)(b) or (9) applies to the decision or notice from the end of that day,

(b)the appellant is entitled to recover compensation from the regulator in respect of any loss suffered in consequence of that exclusion, and

(c)any dispute as to a person’s entitlement to such compensation or as to the amount of it is to be determined by a single arbitrator appointed—

(i)by agreement between the parties to the dispute, or

(ii)in the absence of agreement, by the appropriate authority.

(12) Schedule 6 (appeals to the appropriate authority) has effect in relation to the making and determination of appeals under this regulation.

(13) In this regulation—

“application” has the meaning given in paragraph 1 of Part 1 of Schedule 5;

“person” includes a person to whom an environmental permit is transferred after—

(a)

an application or a decision mentioned in paragraph (1) is made, or

(b)

a notice mentioned in that paragraph is served.

PART 3Discharge of functions in relation to a regulated facility

Discharge of functions

32.—(1) Subject to paragraphs (2) to (7), and paragraph 12 of Part 2 of Schedule 23—

(a)functions in relation to a regulated facility that is or will be operated in England are exercisable by the Agency;

(b)functions in relation to a regulated facility that is or will be operated in Wales are exercisable by the NRBW.

(2) Subject to paragraph (4), in relation to waste mobile plant—

(a)if the principal place of business of the operator is in England, functions are exercisable by the Agency;

(b)if the principal place of business of the operator is in Wales, functions are exercisable by the NRBW;

(c)if the principal place of business of the operator is not in England or in Wales, functions are exercisable by—

(i)the appropriate agency that granted the environmental permit authorising the operation of that waste mobile plant, or

(ii)if no permit has been granted, the appropriate agency in whose area waste mobile plant is first intended to be operated.

(3) Paragraph (4) applies—

(a)where by virtue of paragraph (2) functions in relation to waste mobile plant are exercisable by the Agency, and that waste mobile plant is operated at a site in Wales, or

(b)where by virtue of paragraph (2) functions in relation to waste mobile plant are exercisable by the NRBW, and that waste mobile plant is operated at a site in England.

(4) Where this paragraph applies, functions under regulations 36, 37 and 57 and paragraph 9 of Schedule 23 are exercisable in relation to the waste mobile plant referred to in paragraph (3) by both the Agency and the NRBW.

(5) Functions in relation to a regulated facility of the following description or class are exercisable by the local authority in whose area the regulated facility is or will be operated—

(a)a Part A(2) installation;

(b)a Part B installation or Part B mobile plant, but not in respect of any of the following regulated facilities carried on at the installation or by means of mobile plant—

(i)a waste operation that is not itself a Part B activity;

(ii)a mining waste operation;

(iii)a water discharge activity;

(iv)a groundwater activity;

(c)a small waste incineration plant;

(d)a solvent emission activity.

(6) If the principal place of business of the operator of Part B mobile plant is in England or in Wales, functions in relation to that regulated facility are exercisable by the local authority in whose area the place of business is.

(7) If the principal place of business of the operator of Part B mobile plant is not in England or in Wales, functions in relation to that regulated facility are exercisable by—

(a)the local authority which granted the environmental permit authorising the operation of the regulated facility, or

(b)if no permit has been granted, the local authority in whose area the regulated facility is first operated, or is intended to be first operated.

(8) In this regulation, “functions” includes relevant functions.

Direction to a regulator: discharge of functions by a different regulator

33.—(1) An appropriate authority may direct—

(a)the appropriate agency to exercise such local authority functions as are, and for such period as is, specified in the direction, or

(b)a local authority to exercise such appropriate agency functions as are, and for such period as is, specified in the direction.

(2) A direction under this regulation may include such saving and transitional provisions as the appropriate authority considers necessary or expedient.

(3) A direction under this regulation may be made in respect of a description or class of regulated facility or a specific regulated facility.

(4) A direction under paragraph (1)(b) may only be made in respect of—

(a)an installation, but not in respect of a mining waste operation carried on at an installation, or

(b)mobile plant.

(5) When giving a direction under this regulation the appropriate authority must notify the persons in paragraph (6) of the direction and publish the direction on its website.

(6) The persons are—

(a)where the appropriate authority is the Secretary of State, the Agency,

(b)where the appropriate authority is the Welsh Ministers, the NRBW, and

(c)any local authority or other person whom the appropriate authority considers is affected by the direction.

(7) An appropriate authority must not comply with a duty under paragraph (5) in a case where the authority considers that to do so would be contrary to the interests of national security.

(8) In paragraph (1) (ignoring any direction under this regulation)—

“appropriate agency functions” means functions which are exercisable by the appropriate agency by virtue of regulation 32 or paragraph 2 of Schedule 2;

“local authority functions” means functions which are exercisable by a local authority by virtue of regulation 32 or paragraph 2 of Schedule 2.

Review of environmental permits and inspection of regulated facilities

34.—(1) The regulator must periodically review environmental permits.

(2) The regulator must make appropriate periodic inspections of regulated facilities.

Specific provisions applying to environmental permits

35.—(1) Schedules 7 to 25 have effect.

(2) To the extent that the operation of a regulated facility of a description or class mentioned in any of Schedules 7 to 25 requires an environmental permit, the requirements of that Schedule apply in relation to that regulated facility.

PART 4Enforcement and offences

Enforcement notices

36.—(1) If the regulator considers that an operator has contravened, is contravening, or is likely to contravene an environmental permit condition, the regulator may serve a notice on the operator.

(2) The notice must—

(a)state the regulator’s view under paragraph (1),

(b)specify the matters constituting the contravention or making a contravention likely,

(c)specify the steps that must be taken to remedy the contravention or to ensure that the likely contravention does not occur, and

(d)specify the period within which those steps must be taken.

(3) Steps that may be specified in the notice include steps—

(a)to make the operation of a regulated facility comply with the environmental permit conditions, and

(b)to remedy the environmental effects caused by the contravention.

(4) In paragraph (3)(b) “environmental effects” means—

(a)in relation to a flood risk activity—

(i)flooding or risk of flooding;

(ii)detrimental impact on drainage or risk of detrimental impact on drainage;

(iii)harm to the environment or risk of harm to the environment;

(b)in relation to any other class of regulated facility, the effects of pollution.

(5) In the case of a regulated facility to which Schedule 7, 13 or 14 applies, if the regulator considers that an incident or accident significantly affecting the environment has occurred as the result of the operation of that regulated facility, the regulator may serve a notice on the operator of that facility.

(6) A notice served under paragraph (5) must—

(a)specify the measures necessary to limit the environmental consequences of the incident or accident, and

(b)specify the measures necessary to prevent further incidents or accidents.

(7) The regulator may withdraw a notice under this regulation at any time by further notice served on the operator.

Suspension notices

37.—(1) The regulator may suspend an environmental permit by serving a notice (a “suspension notice”) on the operator under this regulation.

(2) If the regulator considers that the operation of a regulated facility under an environmental permit involves a risk of serious pollution or, in the case of a flood risk activity, a risk specified in paragraph (3), it may serve a suspension notice on the operator.

(3) The following are risks specified for the purposes of paragraph (2)

(a)risk of serious flooding;

(b)risk of serious detrimental impact on drainage;

(c)risk of serious harm to the environment.

(4) Paragraph (2) applies whether or not the manner of operating the regulated facility which involves the risk is subject to or contravenes an environmental permit condition.

(5) 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 or, in the case of a flood risk activity, a risk specified in paragraph (6), it may serve a suspension notice on the operator.

(6) The following are risks specified for the purposes of paragraph (5)

(a)risk of flooding;

(b)risk of detrimental impact on drainage;

(c)risk of harm to the environment.

(7) A suspension notice served for the purpose of paragraph (2) or (5) must—

(a)specify—

(i)the risk mentioned in paragraph (2) or (5),

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

(iii)in a case where paragraph (5) applies, the matters constituting the contravention mentioned in that paragraph,

(iv)in a case where paragraph (5) 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,

(b)state that the environmental permit ceases to have effect to the extent specified in the notice until the notice is withdrawn, and

(c)if the environmental permit continues to authorise the operation of a regulated facility, state any steps (in addition to those already required to be taken by the environmental permit conditions) that are to be taken when operating that regulated facility.

(8) The regulator may suspend an environmental permit under regulation 66(5) by serving a suspension notice on the operator.

(9) A suspension notice served for the purpose of paragraph (8) must—

(a)specify the reason for the suspension,

(b)state the sum payable by the operator and the period within which it is to be paid, and

(c)state that the environmental permit ceases to have effect to the extent specified in the notice until the notice is withdrawn.

(10) If a suspension notice is served, the environmental permit ceases to have effect to the extent stated in the notice.

(11) 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.

(12) The regulator—

(a)may withdraw a suspension notice at any time by further notice served on the operator, and

(b)must withdraw a notice when satisfied that the steps specified in it have been taken.

Offences

38.—(1) It is an offence for a person to—

(a)contravene regulation 12(1), or

(b)knowingly cause or knowingly permit the contravention of regulation 12(1)(a).

(2) It is an offence for a person to fail to comply with or to contravene an environmental permit condition.

(3) It is an offence for a person to fail to comply with the requirements of an enforcement notice or of a prohibition notice, suspension notice, landfill closure notice, mining waste facility closure notice, flood risk activity emergency works notice or flood risk activity remediation notice.

(4) It is an offence for a person—

(a)to fail to comply with a notice under regulation 61(1) requiring the provision of information, without reasonable excuse;

(b)to make a statement which the person knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—

(i)in purported compliance with a requirement to provide information imposed by or under a provision of these Regulations,

(ii)for the purpose of obtaining the grant of an environmental permit to any person, or the variation, transfer in whole or in part, or surrender in whole or in part of an environmental permit, or

(iii)for the purpose of obtaining, renewing or amending the registration of an exempt facility;

(c)intentionally to make a false entry in a record required to be kept under an environmental permit condition;

(d)with intent to deceive—

(i)to forge or use a document issued or authorised to be issued or required for any purpose under an environmental permit condition, or

(ii)to make or have in the person’s possession a document so closely resembling such a document as to be likely to deceive.

(5) It is an offence for an establishment or undertaking to—

(a)fail to comply with paragraph 17(3) or (4) of Schedule 2, or

(b)intentionally make a false entry in a record required to be kept under that paragraph.

(6) If an offence committed by a person under this regulation is due to the act or default of some other person, that other person is also guilty of the offence and liable to be proceeded against and punished accordingly, whether or not proceedings for the offence are taken against the first-mentioned person.

Penalties and enforcement undertakings

39.—(1) Subject to paragraph (2), a person guilty of an offence under regulation 38(1), (2) or (3) is liable—

(a)on summary conviction to a fine or imprisonment for a term not exceeding 12 months, or to both;

(b)on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years, or to both.

(2) A person guilty of offence under regulation 38(1), (2) or (3) in respect of a flood risk activity is liable—

(a)on summary conviction to a fine or imprisonment for a term not exceeding 12 months, or to both;

(b)on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or both.

(3) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003(46), paragraphs (1)(a) and (2)(a) have effect as if for “12 months” there were substituted “6 months”.

(4) A person guilty of an offence under regulation 38(4) is liable—

(a)on summary conviction to a fine;

(b)on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.

(5) An establishment or undertaking guilty of an offence under regulation 38(5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) Schedule 26 (enforcement undertakings) has effect.

Defences

40.—(1) It is a defence for a person charged with an offence under regulation 38(1), (2) or (3) to prove that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to human health in a case where—

(a)the person took all such steps as were reasonably practicable in the circumstances for minimising pollution, and

(b)particulars of the acts were furnished to the regulator as soon as reasonably practicable after they were done.

(2) A person who knowingly permits a water discharge activity or groundwater activity where the discharge is water from an abandoned mine or an abandoned part of a mine is not guilty of an offence under regulation 38(1) unless—

(a)the person is the owner or former operator of the mine or that part of it, and

(b)the mine or the part of the mine was abandoned after 31st December 1999.

(3) In paragraph (2), “abandoned”, in relation to a mine, and “mine” have the meaning given in section 91A of the 1991 Act(47).

Offences by bodies corporate

41.—(1) If an offence committed under these Regulations by a body corporate is proved—

(a)to have been committed with the consent or connivance of an officer, or

(b)to be attributable to any neglect on the part of an officer,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body.

(3) In paragraph (1), “officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Enforcement by the High Court

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, mining waste facility closure notice, flood risk activity emergency works notice or flood risk activity remediation notice (whether or not it has taken other steps for that purpose).

Admissibility of evidence

43.  Where, pursuant to an environmental permit granted by a local authority, an entry is required to be made in any record as to the observance of a condition of the environmental permit and the entry has not been made, that fact is admissible as evidence that the condition has not been observed.

Power of court to order cause of offence to be remedied

44.—(1) This regulation applies where a person is convicted of an offence under regulation 38(1), (2) or (3) in respect of a matter which appears to the court to be a matter which it is in the person’s power to remedy.

(2) In addition to or instead of a punishment imposed under regulation 39, the court may order the person to take such steps for remedying the matter within such period as may be specified in the order.

(3) The period may be extended, or further extended, by order of the court on an application made before the end of the period or the extended period, as the case may be.

(4) If a person is ordered to remedy a matter, that person is not liable under regulation 38 in respect of that matter during the period or the extended period.

PART 5Public registers

Interpretation of this Part

45.  In this Part—

“final confidentiality decision” means—

(a)

a determination under regulation 50, or

(b)

the determination or withdrawal of an appeal in relation to a determination under regulation 50;

“the information subject” means the person to whom information relates;

“objection notice” means a notice given under regulation 48(1)(b).

Duty of the regulator to maintain a public register

46.—(1) Subject to regulations 47 and 48, the regulator must maintain a register (a “public register”) containing the information in paragraph 1 of Schedule 27 (public registers).

(2) Nothing in paragraph (1) requires a public register to contain information relating to criminal proceedings, or anything which is the subject matter of criminal proceedings, before those proceedings are finally disposed of.

(3) In paragraph (2), “criminal proceedings” includes prospective criminal proceedings.

(4) The regulator must enter information on its public register as soon as reasonably practicable after it comes within the regulator’s possession.

(5) Where information of any description is excluded from any public register under regulation 48, a statement must be entered on the register indicating the existence of information of that description.

(6) The regulator must—

(a)make its public register available for public inspection at all reasonable times, free of charge, and

(b)enable members of the public to obtain copies of entries on its public register on payment of a reasonable charge.

(7) A public register may be kept in any form.

Exclusion from public registers of information affecting national security

47.—(1) The appropriate authority may direct the regulator that in the interests of national security specified information or information of a specified description must be excluded from a public register.

(2) The regulator must notify the appropriate authority of any information (other than information relating to a radioactive substances activity) that it excludes from a public register pursuant to such a direction.

(3) The appropriate authority may direct the regulator that in the interests of national security information of a specified description—

(a)must be referred to the authority for its determination as to whether or not the information may be included on a public register, and

(b)must not be included on a public register unless the appropriate authority determines that it may be included.

(4) A person may give a notice to the appropriate authority stating that, in the person’s opinion, the inclusion of information on a public register would be contrary to the interests of national security.

(5) A notice under paragraph (4) must specify the information and indicate its apparent nature.

(6) A person giving a notice under paragraph (4) must at the same time notify the regulator.

(7) The regulator must not include information notified under paragraph (4) on a public register unless the appropriate authority determines that it may be included.

Exclusion from public registers of confidential information

48.—(1) The regulator must exclude information from a public register, unless a condition in paragraph (2) is met, if it—

(a)considers that the information may be confidential information, or

(b)receives notice from the information subject which—

(i)states that the information subject considers the information is confidential information, and

(ii)gives reasons for that view.

(2) The conditions are that—

(a)in relation to paragraph (1)(a), the regulator has given a notice under regulation 49(1) and the information subject has given notice of consent under regulation 49(2)(a);

(b)in relation to paragraph (1)(a) or (b)

(i)a final confidentiality decision that the information should be included on the register has been made, or

(ii)the appropriate authority has given a direction under regulation 56(1) which requires the information to be included on the register.

Procedure if the regulator considers that information may be confidential

49.—(1) If the regulator considers that information may be confidential information but has not received an objection notice, it must give notice of that view to the information subject.

(2) The information subject may within 15 working days after the date of the notice given by the regulator under paragraph (1)—

(a)give notice to the regulator consenting to the regulator including the information on the register, or

(b)give an objection notice to the regulator.

Duty to determine confidentiality

50.  The regulator must determine whether information must be included on the public register, or excluded from the public register because it is confidential information, if—

(a)having given notice under regulation 49(1), it does not receive notice of consent in accordance with regulation 49(2)(a), or

(b)it receives an objection notice.

Determination of confidentiality

51.—(1) When making a determination under regulation 50, the regulator must comply with this regulation.

(2) In making the determination, the regulator must—

(a)take any reasons given in an objection notice into account,

(b)apply a presumption in favour of including the information on the public register, and

(c)determine to exclude the information from the public register if it considers that—

(i)the information is commercial or industrial information,

(ii)its confidentiality is provided by law to protect a legitimate economic interest, and

(iii)in all the circumstances, the public interest in maintaining the confidentiality of the information outweighs the public interest in including it on the register.

(3) But, to the extent that information relates to emissions, the regulator must determine to include it on the public register.

(4) Nothing in this regulation authorises the exclusion from the public register of information contained in or otherwise held with other information excluded from the register unless the information is not reasonably capable of being separated for the purposes of inclusion on the register.

Procedure following a determination

52.—(1) The regulator must give notice of its determination, the reasons for it and the details of the appeals procedure to the information subject within—

(a)a period of 20 working days beginning with the date its duty under regulation 50 arises, or

(b)such longer period as it agrees with the information subject.

(2) If the regulator fails to give notice under paragraph (1) within the period required by that paragraph, the information subject may give notice to the regulator of that failure, and on such notice—

(a)the regulator is deemed to have determined that the information must be included on the register, and

(b)the deemed determination is subject to the right of appeal in regulation 53(1).

(3) If the regulator determines that the information must be included on the public register, it must not include the information before the expiry of the period of 15 working days after—

(a)it has given notice of the determination, or

(b)a notice under paragraph (2) resulting in a deemed determination is given,

but must include it after the expiry of that period if notice of appeal has not been given.

Appeals in relation to confidentiality

53.—(1) The information subject may give notice of appeal to the appropriate authority against a determination made under regulation 50 within 15 working days after the regulator has given notice of it.

(2) A notice of appeal must—

(a)be in writing,

(b)include a statement of the grounds of appeal,

(c)state whether the information subject wishes the appeal to be in the form of a hearing or to be disposed of through written representations, and

(d)be copied to the regulator.

(3) If the information subject gives notice of appeal, the regulator must not include the information on the public register before the appeal is decided.

(4) The appropriate authority—

(a)may give the information subject and the regulator an opportunity of appearing before and being heard by a person appointed by it, and

(b)must do so in a case where the notice of appeal states that the information subject wishes the appeal to be in the form of a hearing.

(5) A hearing under paragraph (4) is subject to paragraphs 5(2) to 5(6) and 6 of Schedule 6 (except paragraph 5(3)(c)) as if it were a hearing under paragraph 5(1) of that Schedule, save that “the appellant” is to be read as “the information subject”.

Consequences of an appeal

54.—(1) If the appropriate authority allows the appeal, the regulator must exclude the information from the public register.

(2) If the appropriate authority rejects the appeal or the appeal is withdrawn, the regulator must include the information on the public register.

Reconsideration of confidentiality

55.—(1) The regulator must cease to treat information as confidential information at the expiry of—

(a)a period of 4 years after the final confidentiality decision, or

(b)such shorter period as is specified in that decision.

(2) But if the person to whom the information relates gives notice to the regulator before the expiry of that period that the person considers that the information remains confidential information—

(a)regulation 48 applies in respect of the information and the regulator must treat the notice as an objection notice, and

(b)regulations 50 to 54 apply notwithstanding any previous compliance with those regulations in relation to the information.

Directions of the appropriate authority in relation to confidentiality

56.—(1) The appropriate authority may direct the regulator that specified information, or information of a specified description, must be included on the public register even though it is confidential information.

(2) The appropriate authority must not give a direction under paragraph (1) unless it considers that the public interest in including such information on the register outweighs the public interest in maintaining its confidentiality.

PART 6Powers and functions of the regulator and the appropriate authority

Power of the regulator to prevent or remedy pollution

57.—(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.

(2) The regulator may arrange for steps to be taken to remedy the effects of pollution if—

(a)the commission of an offence under regulation 38(1), (2) or (3) causes pollution, or

(b)the regulator suspects that an offence under that regulation is being or has been committed and that pollution is being or has been caused as a result.

(3) If the regulator intends to arrange for steps to be taken under paragraph (2), it must notify the operator of the steps not less than 5 working days before they are taken.

(4) If the regulator arranges for steps to be taken under this regulation, it may recover the cost of taking those steps from the relevant person.

(5) But costs are not recoverable under paragraph (4)

(a)if the steps referred to in paragraph (1) are taken and the relevant person shows that there was no risk of serious pollution, or

(b)to the extent that the relevant person shows that the costs were unnecessarily incurred by the regulator.

(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.

Power of the regulator to prevent or remedy effects of flood risk activities

58.—(1) If the regulator considers that the carrying on of an exempt flood risk activity or a flood risk activity under an environmental permit involves a risk specified in paragraph (2), it may arrange for steps to be taken to remove that risk.

(2) The following are risks specified for purposes of paragraph (1)

(a)risk of serious flooding;

(b)risk of serious detrimental impact on drainage;

(c)risk of serious harm to the environment.

(3) If the regulator arranges for steps to be taken under this regulation, it may recover the cost of taking those steps from the operator.

(4) But costs are not recoverable under paragraph (3)

(a)if the steps referred to in paragraph (1) are taken in relation to a risk specified in paragraph (2) and the operator shows there was no such risk, or

(b)to the extent that the operator shows that the costs were unnecessarily incurred by the regulator.

Appropriate agency: notices in relation to emissions to water

59.—(1) This regulation applies to Part A installations for which a local authority is the regulator.

(2) At any time the appropriate agency may give notice to the local authority specifying the emission limit values or the conditions it considers appropriate for preventing or reducing emissions into water from the installation or mobile plant.

(3) If such a notice is issued, the local authority must exercise its functions under these Regulations to ensure the environmental permit for the installation or mobile plant includes—

(a)the emission limit values or conditions specified in the notice, or

(b)such stricter limit values or more onerous conditions as the authority thinks fit.

(4) In this regulation, “emission limit value” means the mass, expressed in terms of specific parameters, concentration or level of an emission, which must not be exceeded during a period of time.

Appropriate agency: public participation statement

60.—(1) The appropriate agency must prepare and publish a statement of its policies for complying with its public participation duties.

(2) In preparing or revising the statement the appropriate agency must consult such persons as it considers are affected by, are likely to be affected by, or have an interest in, the statement.

(3) The appropriate agency must—

(a)keep the statement under review,

(b)revise the statement when it considers necessary, and

(c)publish any revised statement.

(4) The appropriate agency must comply with any published statement when exercising its functions under the public participation provisions.

(5) The duty in paragraph (2) may be satisfied by a consultation carried out partially or wholly before the coming into force of these Regulations.

(6) In this regulation, “public participation duties” means the duties in the following provisions—

(a)regulation 26;

(b)regulation 29;

(c)paragraphs 6 and 8(2) of Part 1 of Schedule 5.

Power to require the provision of information

61.—(1) For the purposes of discharging its functions under these Regulations, an appropriate authority, regulator, exemption registration authority or exemption authority, by notice served on any person, may require that person to provide such information in such form and within such period as is specified in the notice.

(2) A notice under paragraph (1) may require a person to provide any information on emissions where that requirement is reasonable, including the provision of information—

(a)not in the person’s possession, and

(b)which would not usually come into the person’s possession.

(3) For the purposes of this regulation the discharge by the appropriate authority of—

(a)an obligation of the United Kingdom under the EU Treaties, or

(b)an international obligation of the United Kingdom,

must be treated as a function of the authority under these Regulations.

(4) For the purposes of this regulation the compilation of an inventory of emissions (whether or not from a regulated facility) must be treated as a function of the regulator under these Regulations.

Directions to regulators, exemption registration authorities and exemption authorities: general

62.—(1) An appropriate authority may give directions to a regulator, exemption registration authority or exemption authority of a general or specific character with respect to the carrying out of its functions under these Regulations.

(2) Without prejudice to the generality of the power in paragraph (1), a direction may direct the regulator, exemption registration authority or exemption authority to exercise or not to exercise—

(a)specified powers,

(b)its powers in specified circumstances, or

(c)its powers in a specified manner.

(3) Except in an emergency, an appropriate authority may give a direction to the appropriate agency under paragraph (1) only after consultation with the appropriate agency.

(4) The regulator, exemption registration authority or exemption authority must comply with a direction given to it under these Regulations.

Reference of applications to an appropriate authority

63.—(1) An appropriate authority may give directions to a regulator requiring that a particular application or class of application be referred to it for determination.

(2) The regulator must—

(a)inform the applicant of the fact that the application is being referred to the appropriate authority, and

(b)forward to the appropriate authority any representations made in respect of the application.

(3) When an application is referred to an appropriate authority, the appropriate authority—

(a)may afford the applicant and the regulator an opportunity of appearing before and being heard by a person appointed by the appropriate authority, and

(b)must do so in any case where a request is duly made by the applicant or the regulator to be so heard.

(4) A request under paragraph (3)(b) must be made in writing within 15 working days after the day on which the applicant is informed that the application is being referred to the appropriate authority.

(5) A hearing under paragraph (3) is subject to paragraphs 5(2) to (6) and 6 of Schedule 6 (except paragraph 5(3)(c)) as if it were a hearing under paragraph 5(1) of that Schedule with the following modifications—

(a)“the appellant” is to be read as “the applicant”;

(b)“the appeal” is to be read as “the application”.

(6) On determining an application referred to it under this regulation the appropriate authority must give to the regulator a direction as to whether the regulator is to grant the application and, if so, the conditions that are to be attached to the environmental permit.

(7) In this regulation, “application” means an application—

(a)for the grant of an environmental permit, or

(b)for the variation of an environmental permit.

Directions to the appropriate agency: installations outside the United Kingdom

64.—(1) This regulation applies where an appropriate authority receives information pursuant to Article 26(1) of the Industrial Emissions Directive in relation to the operation of an installation outside the United Kingdom which is likely to have a significant negative effect on the environment of England or Wales.

(2) For the purpose of complying with Article 26(2) of the Industrial Emissions Directive, the appropriate authority must direct the appropriate agency to take such steps as it considers appropriate to—

(a)bring the information to the attention of persons likely to be affected by the operation of the installation, and

(b)provide them with an opportunity to comment on the information.

Guidance to regulators, exemption registration authorities and exemption authorities

65.—(1) An appropriate authority may issue guidance to a regulator, exemption registration authority or exemption authority with respect to the exercise of its functions under these Regulations.

(2) In the exercise of those functions the regulator, exemption registration authority or exemption authority must have regard to the guidance.

Fees and charges in relation to the exercise of regulator’s functions by local authorities

66.—(1) An appropriate authority may make, and from time to time revise, a scheme prescribing—

(a)fees payable to a regulator in respect of applications—

(i)for the grant of an environmental permit,

(ii)for the variation of an environmental permit,

(iii)for the transfer of an environmental permit in whole or in part,

(iv)for the surrender of an environmental permit in whole or in part,

(b)fees payable to a regulator in respect of a regulator-initiated variation, and

(c)charges payable to a regulator in respect of the subsistence of an environmental permit.

(2) A scheme may in particular—

(a)prescribe specific fees and charges or the methods by which they are to be calculated,

(b)make different provision for different cases, including different provision in relation to different persons, circumstances or localities,

(c)subject to the requirements of these Regulations, provide for the time when, and the manner in which, payments required by the scheme are to be made, and

(d)make such incidental, supplementary and transitional provision as appears necessary or expedient to the appropriate authority.

(3) In making or revising a scheme, so far as practicable the appropriate authority must ensure that the fees and charges payable are sufficient to cover expenditure by a regulator—

(a)in exercising its functions under these Regulations;

(b)in making payment to any person who prepares guidance in relation to an installation or mobile plant that is—

(i)mentioned in regulation 32(5), or

(ii)specified in a direction under regulation 33;

(c)in making payment to the appropriate agency in relation to the exercise of the appropriate agency’s functions under regulation 59.

(4) A scheme must provide for the payment of sums by the regulator to the appropriate agency where those sums are related to expenditure by the appropriate agency under regulation 59 or in preparing guidance referred to in paragraph (3)(b).

(5) If a regulator considers that an operator has failed to pay a charge specified in a scheme in respect of the subsistence of the operator’s permit, the regulator may revoke or suspend the permit.

(6) A revocation or suspension must be by way of notice served under regulation 22(3) or regulation 37.

(7) In this regulation, “regulator” means a local authority on which functions are conferred by regulation 32 or by a direction under regulation 33.

Plans relating to emissions

67.—(1) Subject to paragraph (3), an appropriate authority may make plans for—

(a)the setting of limits on the total amount, or the total amount in any period, of emissions from all or any description of source, or

(b)the allocation of quotas relating to such emissions.

(2) If the appropriate authority allocates a quota in a plan made under paragraph (1) it may also make a scheme for the trading or other transfer of that quota.

(3) This regulation does not apply to an emission plan or to the Transitional National Plan.

(4) In this regulation—

“emission” means the direct or indirect release of any substance from individual or diffuse sources into the air, water or land;

“emission plan” has the meaning given in the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007 as those Regulations were in force on 31st March 2016(48);

“Transitional National Plan” has the meaning given in regulation 2 of the Large Combustion Plants (Transitional National Plan) Regulations 2015(49).

Consultation in relation to works affecting flood and coastal erosion risks

68.—(1) Before exercising a function relating to a flood risk activity which may affect a flood or coastal erosion risk (within the meaning of the Flood and Water Management Act 2010(50)) in Wales, the Agency must consult the NRBW.

(2) Before exercising a function relating to a flood risk activity which may affect a flood or coastal erosion risk in England, the NRBW must consult the Agency.

Functions with respect to flood risk activities

69.  In exercising any function under these Regulations that relates to a flood risk activity, the appropriate agency must have due regard to the interests of fisheries, including sea fisheries.

PART 7Miscellaneous provisions

CHAPTER 1Interpretation

Interpretation of this Part

70.  In this Part—

“existing” means in force at the relevant time;

“relevant time” means immediately before the coming into force of these Regulations.

CHAPTER 2Death of sole operator

Death of sole operator

71.—(1) This regulation applies if—

(a)an environmental permit authorising the operation of a regulated facility is held by one individual (“A”), and

(b)A dies.

(2) On the death of A, the environmental permit—

(a)forms part of A’s personal estate,

(b)vests in A’s personal representatives,

(c)continues to have effect subject to the conditions that applied at the time of A’s death, and

(d)must be read as if it contained the following condition—

As soon as is practicable after the death of the operator, the personal representatives of the operator must notify the regulator that the environmental permit has vested in them..

(3) The environmental permit ceases to have effect 6 months after the day on which A dies, unless, by that time—

(a)the permit has been transferred under regulation 21, or

(b)the regulator has received from A’s personal representatives a duly-made application under regulation 21(1) for the transfer of the permit, and the application has not been withdrawn or finally determined.

(4) If paragraph (3)(b) applies, the environmental permit continues in effect until the application—

(a)is withdrawn, or

(b)on determination, is refused.

CHAPTER 3Repeal, revocations, saving and amendments

Repeal

72.—(1) The 1993 Act, except for the provisions referred to in paragraph (2), is repealed.

(2) Those provisions are—

(a)paragraph 5 of Schedule 4,

(b)section 49(1) so far as it relates to that paragraph, and

(c)section 51.

Revocations

73.—(1) The instruments in Schedule 28 (revocations) are revoked to the extent specified.

(2) In provisions specified as not revoked in Schedule 28, any references to provisions of the 2007 Regulations or the 2010 Regulations are to be read as references to the equivalent provisions of these Regulations.

Saving

74.—(1) Despite the revocation of regulation 44 of the End-of-Life Vehicles Regulations 2003(51) by the 2007 Regulations, any modification to a waste management licence that continued in effect under the 2007 Regulations and had effect at the relevant time continues to have effect under these Regulations.

(2) In paragraph (1), “waste management licence” means a licence granted under section 35 of the 1990 Act.

Consequential amendments

75.  Schedule 29 (consequential amendments) has effect.

Amendment of the Transfrontier Shipment of Waste Regulations 2007

76.  For regulation 16 of the Transfrontier Shipment of Waste Regulations 2007(52), substitute—

The Waste (England and Wales) Regulations 2011

16.  The reference to a waste management plan in regulation 7 of the Waste (England and Wales) Regulations 2011(53) includes a waste management plan made under this Part..

CHAPTER 4Transitional provisions

Transitional provisions: general

77.—(1) Anything being done under the 2010 Regulations at the relevant time is taken as being done under these Regulations.

(2) Anything done under the 2010 Regulations continues to have effect but is taken to have been done under these Regulations on the date on which it was done under the 2010 Regulations, including (but not limited to) the following—

(a)an existing enforcement notice under the 2010 Regulations is taken to be an enforcement notice;

(b)an existing suspension notice under the 2010 Regulations is taken to be a suspension notice;

(c)an existing revocation notice under the 2010 Regulations is taken to be a revocation notice;

(d)an existing landfill closure notice under the 2010 Regulations is taken to be a landfill closure notice;

(e)an existing prohibition notice under the 2010 Regulations is taken to be a prohibition notice;

(f)an application for the grant, variation, transfer or surrender of an environmental permit make under the 2010 Regulations that has not been determined by the relevant time is taken to be made under these Regulations;

(g)a decision made, or deemed to have been made, by a regulator or appropriate authority under the 2010 Regulations is taken to be made under these Regulations;

(h)an existing direction given, or deemed to have been given, to a regulator by the appropriate authority under the 2010 Regulations is taken to be given under these Regulations;

(i)a notification given under the 2010 Regulations that has not taken effect by the relevant time is taken to be given under these Regulations;

(j)an appeal made under the 2010 Regulations that has not been determined by the relevant time is taken to be made under these Regulations, with the notice of appeal taken to be given on the date on which the appeal was made under the 2010 Regulations.

(3) An environmental permit under the 2010 Regulations in force at the relevant time—

(a)becomes an environmental permit authorising the operation of a regulated facility under these Regulations, with references to provisions of the 2007 Regulations or the 2010 Regulations taken to be references to the equivalent provisions of these Regulations, and

(b)has effect subject to any conditions that applied to it at the relevant time.

(4) An appeal may be made under these Regulations against a notice mentioned in paragraph (2)(a) to (e) or a decision mentioned in paragraph (2)(g) if, by the relevant time, the time for making an appeal under the 2010 Regulations had not expired, with the applicable time limit for giving notice of appeal running from the date on which the notice was served, or the decision was made, under the 2010 Regulations.

(5) Despite paragraphs (1) and (2), an exemption under paragraph 17 of Section 2 of Chapter 3 of Part 1 of Schedule 3 of the 2010 Regulations (crushing waste fluorescent tubes (T17)) ceases to have effect.

Public registers

78.—(1) Any information that, at the relevant time, was contained in a public register maintained by a regulator under the 2010 Regulations, or was deemed to be information kept on that register, is taken to be information contained in the public register maintained by the regulator under these Regulations.

(2) Any information that, at the relevant time, was within a regulator’s possession for the purposes of regulation 46 of the 2010 Regulations but was not entered on a public register under those Regulations is taken to be in the regulator’s possession for the purposes of these Regulations and must be entered on the register as soon as reasonably practicable.

(3) Any information excluded from a public register pursuant to an existing direction under regulation 47(1) of the 2010 Regulations is taken to be notified under regulation 47(2) of these Regulations.

Site plans not required for existing permits etc.

79.  Regulation 14(4) does not apply in relation to a regulated facility to which, at the relevant time, regulation 70 of the 2010 Regulations applied.

CHAPTER 5Review

Review: England

80.—(1) The Secretary of State, in relation to England, must from time to time—

(a)carry out a review of the regulatory provisions in these Regulations, and

(b)publish a report setting out the conclusions of the review.

(2) In carrying out a review of any regulatory provision which implements an obligation in any of the following Directives, the Secretary of State must have regard to how the obligation is implemented in other member States—

(a)the Asbestos Directive,

(b)the Basic Safety Standards Directive,

(c)the Batteries Directive,

(d)the End-of-Life Vehicles Directive,

(e)the Energy Efficiency Directive,

(f)the Groundwater Directive,

(g)the HASS Directive,

(h)the Industrial Emissions Directive,

(i)the Landfill Directive,

(j)the Mining Waste Directive,

(k)PVR I,

(l)PVR II,

(m)the Waste Framework Directive,

(n)the Water Framework Directive, and

(o)the WEEE Directive.

(3) The report must in particular—

(a)set out the objectives intended to be achieved by the regulatory provisions,

(b)assess the extent to which those objectives are achieved,

(c)assess whether those objectives remain appropriate, and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provisions.

(4) The first report under this regulation must be published before the end of December 2019.

(5) Subsequent reports under this regulation must be published at intervals not exceeding 5 years.

(6) In this regulation, “regulatory provisions” has the meaning given in section 32(4) of the Small Business, Enterprise and Employment Act 2015(54).

Thérèse Coffey

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

11th December 2016

Lesley Griffiths

Cabinet Secretary for the Environment and Rural Affairs

One of the Welsh Ministers

7th December 2016

Regulation 2(1)

SCHEDULE 1Activities, installations and mobile plant

PART 1Interpretation and application: general

Interpretation

1.—(1) In this Schedule—

“activity” means, subject to this Part, an activity listed in Part 2 of this Schedule;

“installation” means—

(a)

a stationary technical unit where one or more activities are carried on, and

(b)

any other location on the same site where any other directly associated activities are carried on,

and references to an installation include references to part of an installation;

“net rated thermal input” means the rate at which fuel can be burned at the maximum continuous rating of the appliance, multiplied by the net calorific value of the fuel and expressed as megawatts thermal.

(2) In sub-paragraph (1), “directly associated activity” means an operation which—

(a)has a technical connection with the activity,

(b)is carried on on the same site as the activity, and

(c)could have an effect on pollution.

Activities falling within more than one Part description

2.—(1) Where, in Part 2 of this Schedule, an activity falls within a description in Part A(1) and a description in Part A(2), that activity must be regarded as falling only within that description which fits it most aptly.

(2) Where, in Part 2 of this Schedule, an activity falls within a description in Part A(1) and a description in Part B, that activity must be regarded as falling only within the description in Part A(1).

(3) Where, in Part 2 of this Schedule, an activity falls within a description in Part A(2) and a description in Part B, that activity must be regarded as falling only within the description in Part A(2).

Application of activities falling within Part 2

3.  An activity is not to be taken to be an activity falling within Part 2 of this Schedule if it is—

(a)carried on in a working museum to demonstrate an industrial activity of historic interest,

(b)carried on for educational purposes in a school as defined in section 4(1) of the Education Act 1996(55),

(c)carried on at an installation, other than a waste incineration plant or a waste co-incineration plant, or by means of Part B mobile plant, where the installation or plant is used solely for research, development or testing of new products or processes,

(d)the running on or within an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive or ship or other vessel of an engine which propels or provides electricity for it,

(e)the running of an engine in order to test it before it is installed or in the course of its development,

(f)carried on as a domestic activity in connection with a private dwelling, or

(g)carried on at a waste incineration plant or a waste co-incineration plant used for research, development and testing in order to improve the incineration process and which treats less than 50 tonnes of waste per year.

Application of thresholds for Part A(1) or Part A(2) activities

4.  For the purposes of assessing whether an activity is above any of the thresholds for any Part A(1) activity or Part A(2) activity, where several activities falling under the same description of activity containing a threshold are operated in the same installation, the capacities of those activities must be added together.

Operation below thresholds: effect on the installation

5.—(1) Where an operator is authorised by an environmental permit to operate an installation at which Part A(1) activities, Part A(2) activities or Part B activities which are described in Part 2 of this Schedule by reference to a threshold (whether in terms of capacity or otherwise) are carried on, the installation does not cease to be a Part A(1) installation, a Part A(2) installation or a Part B installation, as the case may be, by virtue of the installation being operated below the relevant threshold unless the permit ceases to have effect in accordance with these Regulations.

Application of Part B activities: releases into the air

6.—(1) Subject to sub-paragraph (2), an activity is not to be taken to be a Part B activity within Part 2 of this Schedule if it cannot result in the release into the air of a substance listed in sub-paragraph (3) or there is no likelihood that it will result in the release into the air of any such substance except in a quantity which is so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant.

(2) Sub-paragraph (1) does not apply to an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried on.

(3) References to, or to the release into the air of, a substance listed in this paragraph are to any of the following substances—

(a)oxides of sulphur and other sulphur compounds;

(b)oxides of nitrogen and other nitrogen compounds;

(c)oxides of carbon;

(d)organic compounds and partial oxidation products;

(e)metals, metalloids and their compounds;

(f)asbestos (suspended particulate matter and fibres), glass fibres and mineral fibres;

(g)halogens and their compounds;

(h)phosphorus and its compounds;

(i)particulate matter.

References to releases into water

7.—(1) References in Part 2 of this Schedule to a substance, or to the release into water of a substance, listed in this sub-paragraph or to its release in a quantity which, in any 12-month period, is greater than the background quantity by an amount specified in this sub-paragraph are references to the following substances and amounts—

Table
SubstanceAmount greater than the background quantity (in grams) in any 12-month period
(*)

Where both Atrazine and Simazine are released, the figure for both substances in aggregate is 350 grams.

Mercury and its compounds200 (expressed as metal)
Cadmium and its compounds1,000 (expressed as metal)
All isomers of hexachlorocyclohexane20
All isomers of DDT5
Pentachlorophenol and its compounds350 (expressed as PCP)
Hexachlorobenzene5
Hexachlorobutadiene20
Aldrin2
Dieldrin2
Endrin1
Polychlorinated Biphenyls1
Dichlorvos0.2
1, 2-Dichloroethane2,000
All isomers of trichlorobenzene75
Atrazine350(*)
Simazine350(*)
Tributyltin compounds4 (expressed as TBT)
Triphenyltin compounds4 (expressed as TPT)
Trifluralin20
Fenitrothion2
Azinphos-methyl2
Malathion2
Endosulfan0.5

(2) In sub-paragraph (1), “background quantity” means, in relation to the release of a substance resulting from an activity, such quantity of that substance as is present in—

(a)water supplied to the site where the activity is carried on,

(b)water abstracted for use in the activity, and

(c)precipitation onto the site on which the activity is carried on.

References to certain substances

8.—(1) References in Part 2 of this Schedule to a substance listed in this paragraph are to any of the following substances—

(a)alkali metals and their oxides and alkaline earth metals and their oxides;

(b)organic solvents;

(c)azides;

(d)halogens and their covalent compounds;

(e)metal carbonyls;

(f)organo-metallic compounds;

(g)oxidising agents;

(h)polychlorinated dibenzofuran and any congener thereof;

(i)polychlorinated dibenzo-p-dioxin and any congener thereof;

(j)polyhalogenated biphenyls, terphenyls and naphthalenes;

(k)phosphorus;

(l)pesticides.

(2) In sub-paragraph (1), “pesticide” means any chemical substance or preparation prepared or used for destroying any pest, including those used for—

(a)protecting plants or wood or other plant products from harmful organisms,

(b)regulating the growth of plants,

(c)giving protection against harmful creatures or rendering such creatures harmless,

(d)controlling organisms with harmful or unwanted effects on water systems, buildings or other structures, or on manufactured products, or

(e)protecting animals against ectoparasites.

PART 2Activities

CHAPTER 1Energy activities

SECTION 1.1Combustion activities

Part A(1)

(a)Burning any fuel in an appliance with a rated thermal input of 50 or more megawatts.

Interpretation and application of Part A(1)

1.  For the purpose of Part A(1) of this Section, where two or more appliances with an aggregate rated thermal input of 50 or more megawatts are operated on the same site by the same operator, those appliances must be treated as a single appliance with a rated thermal input of 50 or more megawatts.

2.  Nothing in this Part of this Section applies to burning fuels in an appliance installed on an offshore platform situated on, above or below those parts of the sea adjacent to England and Wales from the low water mark to the seaward baseline of the United Kingdom territorial sea.

3.  In paragraph 2, “offshore platform” means any fixed or floating structure which—

(a)is used for the purposes of or in connection with the production of petroleum, and

(b)in the case of a floating structure, is maintained on a station during the course of production,

but does not include any structure where the principal purpose of the use of the structure is the establishment of the existence of petroleum or the appraisal of its characteristics, quality or quantity or the extent of any reservoir in which it occurs.

4.  In paragraph 3, “petroleum” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation.

5.  Nothing in this Part of this Section applies to burning fuels in an appliance installed on a gas storage or unloading platform as defined in regulation 2 of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013(56).

Part B

Unless falling within Part A(1) of this Section—

(a)Burning any fuel in—

(i)a boiler,

(ii)a furnace,

(iii)a gas turbine, or

(iv)a compression ignition engine,

with a net rated thermal input of 20 or more megawatts, but a rated thermal input of less than 50 megawatts.

(b)Burning any waste oil in an appliance with a rated thermal input of less than 3 megawatts.

Interpretation and application of Part B

1.  Part B does not apply to any activity falling within Part A(1) of Section 5.1.

2.  For the purpose of paragraph (a) of Part B of this Section, where two or more appliances with an aggregate net rated thermal input of 20 or more megawatts are operated on the same site by the same operator, those appliances must be treated as a single appliance with a net rated thermal input of 20 or more megawatts.

SECTION 1.2Gasification, liquefaction and refining activities

Part A(1)

(a)Refining gas where this is likely to involve the use of 1,000 or more tonnes of gas in any 12-month period.

(b)Operating coke ovens.

(c)Gasification or liquefaction of—

(i)coal, or

(ii)other fuels in installations with a total rated thermal input of 20 or more megawatts.

(d)Refining mineral oils.

(e)The loading, unloading, handling or storage of, or the physical, chemical or thermal treatment of—

(i)crude oil;

(ii)stabilised crude petroleum.

(f)Activities involving the pyrolysis, carbonisation, distillation, partial oxidation or other heat treatment of—

(i)coal (other than the drying of coal),

(ii)lignite,

(iii)oil,

(iv)other carbonaceous material, or

(v)mixtures of any of these,

otherwise than with a view to making charcoal.

(g)Activities involving the liquefaction or gasification of other carbonaceous material.

Interpretation and application of Part A(1)

1.  Part A(1)(f) does not include—

(a)the use of any substance as a fuel;

(b)the incineration in a waste incineration plant or waste co-incineration plant of any substance as a waste;

(c)any activity for the treatment of sewage or sewage sludge;

(d)the anaerobic digestion of biodegradable material, whether or not containing or comprising waste.

2.  In Part A(1)(f), the heat treatment of oil, other than distillation, does not include the heat treatment of waste oil or waste emulsions containing oil in order to recover the oil from aqueous emulsions.

3.  In Part A(1), “carbonaceous material” includes such materials as charcoal, coke, peat, rubber and wood, but does not include wood which has not been chemically treated or sewage.

4.  In paragraph (1)(d), “anaerobic digestion” means the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable materials which—

(a)is carried on under controlled anaerobic conditions,

(b)produces a methane-rich gas mixture, and

(c)results in stable sanitised material that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land.

Part A(2)

(a)Refining gas where this activity does not fall within Part A(1)(a) of this Section.

Part B

(a)Blending odorant for use with natural gas or liquefied petroleum gas.

(b)The storage of petrol in stationary storage tanks at a terminal, or the loading or unloading at a terminal of petrol into or from road tankers, rail tankers or inland waterway vessels.

(c)The unloading of petrol into stationary storage tanks at a service station, if the total quantity of petrol unloaded into such tanks at the service station in any 12-month period is likely to be 500m3 or more.

(d)Motor vehicle refuelling activities at an existing service station after the prescribed date, if the throughput of petrol at that service station in any 12-month period is or is likely to be in excess of 3,000m3.

(e)Motor vehicle refuelling activities at a new service station, if the throughput of petrol at that service station in any 12-month period is, or is intended to be in excess of 500m3.

(f)Motor vehicle refuelling activities at a new service station if the throughput of petrol at that service station in any 12-month period is, or is intended to be in excess of 100m3 and it is situated under permanent living quarters or working areas.

Interpretation of Part B

1.  In Part B—

“existing service station” means a service station—

(a)

which was put into operation, or

(b)

for which planning permission under the Town and Country Planning Act 1990(57) was granted,

before 1st January 2010;

“inland waterway vessel” means a vessel, other than a sea-going vessel, having a total dead weight of 15 or more tonnes;

“new service station” means—

(a)

a service station for which planning permission under the Town and Country Planning Act 1990 was granted on or after 1st January 2010 and—

(i)

in relation to paragraph (e) of Part B, it is put into operation on or after 1st January 2010;

(ii)

in relation to paragraph (f) of Part B, it is put into operation on or after 1st January 2012;

(b)

any existing service station which, on or after 1st January 2012, undergoes a major refurbishment, which has the same meaning as in PVR II;

“petrol” means any petroleum derivative (other than liquefied petroleum gas), with or without additives, having a Reid vapour pressure of 27.6 or more kilopascals, which is intended for use as a fuel for motor vehicles;

“prescribed date” means 31st December 2011 if the throughput is in excess of 3,500m3 and 31st December 2018 if the throughput is in excess of 3,000m3;

“service station” means any premises where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks but does not include any service station exclusively used in association with the construction and delivery of new motor vehicles;

“terminal” means any premises which are used for the storage and loading of petrol into road tankers, rail tankers or inland waterway vessels.

2.  Any other expressions used in Part B which, in relation to paragraphs (b) and (c), are also used in PVR I or, in relation to paragraphs (d) to (f), are also used in PVR II, have the same meaning as in those Directives.

CHAPTER 2Production and processing of metals

SECTION 2.1Ferrous metals

Interpretation of Section 2.1

1.  In this Section, “ferrous alloy” means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in Section 2.2.

Part A(1)

(a)Roasting or sintering metal ore, including sulphide ore, or any mixture of iron ore with or without other materials.

(b)Producing, melting or refining iron or steel or any ferrous alloy, including continuous casting, except where the only furnaces used are—

(i)electric arc furnaces with a designed holding capacity of less than 7 tonnes, or

(ii)cupola, crucible, reverberatory, rotary, induction, vacuum, electro-slag or resistance furnaces.

(c)Processing ferrous metals and their alloys by using hot-rolling mills with a production capacity of more than 20 tonnes of crude steel per hour.

(d)Loading, unloading or otherwise handling or storing more than 500,000 tonnes in total in any 12-month period of iron ore, except in the course of mining operations, or burnt pyrites.

Part A(2)

(a)Unless falling within Part A(1)(b) of this Section, producing pig iron or steel, including continuous casting, in a plant with a production capacity of more than 2.5 tonnes per hour.

(b)Operating hammers in a forge, the energy of which is more than 50 kilojoules per hammer, where the calorific power used is more than 20 megawatts.

(c)Applying protective fused metal coatings with an input of more than 2 tonnes of crude steel per hour.

(d)Casting ferrous metal at a foundry with a production capacity of more than 20 tonnes per day.

Part B

(a)Unless falling within Part A(1)(b) of this Section, producing pig iron or steel, including continuous casting, in a plant with a production capacity of 2.5 or less tonnes per hour.

(b)Unless falling within Part A(2)(a) or (d) of this Section, producing, melting or refining iron or steel or any ferrous alloy (other than producing pig iron or steel, including continuous casting) using—

(i)one or more electric arc furnaces, none of which has a designed holding capacity of 7 or more tonnes, or

(ii)a cupola, crucible, reverberatory, rotary, induction, vacuum, electro-slag or resistance furnace.

(c)Desulphurising iron, steel or any ferrous alloy.

(d)Heating iron, steel or any ferrous alloy (whether in a furnace or other appliance) to remove grease, oil or any other non-metallic contaminant (including such operations as the removal by heat of plastic or rubber covering from scrap cable), unless—

(i)it is carried on in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a rated thermal input of less than 0.2 megawatts,

(ii)it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant, and

(iii)it is not related to any other activity falling within this Part of this Section.

(e)Unless falling within Part A(1) or Part A(2) of this Section, casting iron, steel or any ferrous alloy from deliveries of 50 or more tonnes of molten metal.

SECTION 2.2Non-ferrous metals

Interpretation and application of Section 2.2

1.  Part A(1) and Part B do not apply to hand soldering, flow soldering or wave soldering.

Part A(1)

(a)Unless falling within Part A(2) of this Section, producing non-ferrous metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic activities.

(b)Melting, including making alloys of, non-ferrous metals, including recovered products and the operation of non-ferrous metal foundries where—

(i)the plant has a melting capacity of more than 4 tonnes per day for lead or cadmium or 20 tonnes per day for all other metals, and

(ii)any furnace (other than a vacuum furnace), bath or other holding vessel used in the plant for the melting has a design holding capacity of 5 or more tonnes.

(c)Producing, melting or recovering (whether by chemical means or by electrolysis or by the use of heat) cadmium or mercury or any alloy containing more than 0.05 per cent by weight of either of those metals or both in aggregate.

Part A(2)

(a)Melting, including making alloys of, non-ferrous metals, including recovered products and operating of non-ferrous metal foundries where the plant has a melting capacity of more than 4 tonnes per day for lead or cadmium or 20 tonnes per day for all other metals, and—

(i)no furnace (other than a vacuum furnace), bath or other holding vessel used in the plant for the melting has a design holding capacity of 5 or more tonnes, or

(ii)the plant uses a vacuum furnace of any design holding capacity.

Part B

(a)Melting, including making alloys of, non-ferrous metals (other than tin or any alloy which in molten form contains 50 per cent or more by weight of tin), including recovered products (such as refining or foundry casting) in plant with a melting capacity of 4 tonnes or less per day for lead or cadmium or 20 tonnes or less per day for all other metals.

(b)Heating in a furnace or any other appliance any non-ferrous metal or non-ferrous metal alloy for the purpose of removing grease, oil or any other non-metallic contaminant, including such operations as the removal by heat of plastic or rubber covering from scrap cable, if not related to another activity described in this Part of this Section, unless—

(i)it involves the use of one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts, and

(ii)it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.

(c)Melting zinc or a zinc alloy in conjunction with a galvanising activity at a rate of 20 or less tonnes per day.

(d)Melting zinc, aluminium or magnesium or an alloy of one or more of these metals in conjunction with a die-casting activity at a rate of 20 or less tonnes per day.

(e)Unless falling within Part A(1) or Part A(2) of this Section, the separation of copper, aluminium, magnesium or zinc from mixed scrap by differential melting.

Interpretation and application of Part B

1.  When determining the extent of an installation carrying on an activity within Part B(e), any location where the associated storage or handling of scrap which is to be heated as part of that activity is carried on, other than a location where scrap is loaded into a furnace, is to be ignored.

2.  In Part B, “non-ferrous metal alloy” means an alloy which is not a ferrous alloy, as defined in Section 2.1.

SECTION 2.3Surface treating metals and plastic materials

Part A(1)

(a)Unless falling within Part A(2) of this Section, surface treating metals and plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats is more than 30m3.

Part A(2)

(a)Surface treating metals and plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats is more than 30m3 and where the activity is carried on at the same installation as one or more activities falling within—

(i)Part A(2) or Part B of Section 2.1,

(ii)Part A(2) or Part B of Section 2.2, or

(iii)Part A(2) or Part B of Section 6.4.

Part B

(a)Any process for the surface treatment of metal which is likely to result in the release into air of any acid-forming oxide of nitrogen and which does not fall within Part A(1) or Part A(2) of this Section.

CHAPTER 3Mineral industries

SECTION 3.1Production of cement and lime

Part A(1)

(a)Producing cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other kilns with a production capacity exceeding 50 tonnes per day.

(b)Producing lime or magnesium oxide in kilns with a production capacity of more than 50 tonnes per day.

Part A(2)

(a)Grinding cement clinker.

Part B

(a)Storing, loading or unloading cement or cement clinker in bulk prior to further transportation in bulk.

(b)Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixtures, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products.

(c)Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide.

(d)Producing lime or magnesium oxide where the activity does not involve the heating of more than 50 tonnes per day of calcium carbonate or calcium magnesium carbonate or both in aggregate.

SECTION 3.2Activities involving asbestos

Interpretation of Section 3.2

1.  In this Section “asbestos” means any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.

Part A(1)

(a)Producing asbestos or manufacturing products based on or containing asbestos.

(b)Stripping asbestos from railway vehicles except—

(i)in the course of the repair or maintenance of the vehicle,

(ii)in the course of recovery operations following an accident, or

(iii)where the asbestos is permanently bonded in cement or in any other material (including plastic, rubber or resin).

Part B

(a)Unless related to an activity falling within Part A(1) of this Section, the industrial finishing of—

(i)asbestos cement,

(ii)asbestos cement products,

(iii)asbestos fillers,

(iv)asbestos filters,

(v)asbestos floor coverings,

(vi)asbestos friction products,

(vii)asbestos insulating board,

(viii)asbestos jointing, packaging or reinforcement material,

(ix)asbestos packing,

(x)asbestos paper or card, or

(xi)asbestos textiles.

SECTION 3.3Manufacturing glass and glass fibre

Part A(1)

(a)Manufacturing glass fibre in plant with a melting capacity exceeding 20 tonnes per day.

Part A(2)

(a)Manufacturing glass, unless falling within Part A(1) of this Section, where the melting capacity of the plant is more than 20 tonnes per day.

Part B

Unless falling within Part A(1) or Part A(2) of this Section—

(a)Manufacturing glass at any location with the capacity to make 5,000 or more tonnes of glass in any 12-month period, and any activity involving the use of glass which is carried on at any such location in conjunction with its manufacture.

(b)Manufacturing glass where the use of lead or any lead compound is involved.

(c)Manufacturing any glass product where lead or any lead compound has been used in the manufacture of the glass except—

(i)making products from lead glass blanks, or

(ii)melting, or mixing with another substance, glass manufactured elsewhere to produce articles such as ornaments or road paint.

(d)Polishing or etching glass or glass products in the course of any manufacturing activity if—

(i)hydrofluoric acid is used, or

(ii)hydrogen fluoride may be released into the air.

(e)Manufacturing glass frit or enamel frit and its use in any activity where that activity is related to its manufacture.

SECTION 3.4Production of other mineral fibres

Part A(1)

(a)Melting mineral substances including the production of mineral fibres in plants with a melting capacity exceeding 20 tonnes per day.

SECTION 3.5Other mineral activities

Part A(2)

(a)Manufacturing cellulose fibre reinforced calcium silicate board using unbleached pulp.

Part B

(a)Unless falling within Part A(1) or Part A(2) of any Section, the crushing, grinding or other size reduction, other than the cutting of stone, or the grading, screening or heating of any designated mineral or mineral product except where the operation of the activity is unlikely to result in the release into the air of particulate matter.

(b)Any of the following activities unless carried on at an exempt location—

(i)crushing, grinding or otherwise breaking up coal, coke or any other coal product;

(ii)screening, grading or mixing coal, coke or any other coal product;

(iii)loading or unloading petroleum coke, coal, coke or any other coal product except unloading on retail sale.

(c)The crushing, grinding or other size reduction, with machinery designed for that purpose, of bricks, tiles or concrete.

(d)Screening the product of any activity described in paragraph (c).

(e)Coating road stone with tar or bitumen.

(f)Loading, unloading or storing pulverised fuel ash in bulk prior to further transportation in bulk.

(g)The fusion of calcined bauxite for the production of artificial corundum.

Interpretation and application of Part B

1.  In Part B—

“coal” includes lignite;

“designated mineral or mineral product” means—

(a)

clay, sand or any other naturally occurring mineral other than coal;

(b)

metallurgical slag;

(c)

boiler or furnace ash produced from the burning of coal, coke or any other coal product;

(d)

gypsum which is a by-product of any activity;

“exempt location” means—

(a)

any premises used for the sale of petroleum coke, coal, coke or any coal product where the throughput of such substances at those premises in any 12-month period is in aggregate likely to be less than 10,000 tonnes, or

(b)

any premises to which petroleum coke, coal, coke or any coal product is supplied only for use there;

“retail sale” means sale to the final customer.

2.  Part B does not apply to any activity carried on underground.

SECTION 3.6Ceramic production

Part A(1)

(a)Manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where—

(i)the kiln production capacity is more than 75 tonnes per day, or

(ii)the kiln capacity is more than 4m3 and the setting density is more than 300kg/m3,

and a reducing atmosphere is used other than for the purposes of colouration.

Part A(2)

(a)Unless falling within Part A(1) of this Section, manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where—

(i)the kiln production capacity is more than 75 tonnes per day, or

(ii)the kiln capacity is more than 4m3 and the setting density is more than 300kg/m3.

Part B

(a)Unless falling within Part A(1) or A(2) of this Section, firing heavy clay goods or refractory materials (other than heavy clay goods) in a kiln.

(b)Vapour glazing earthenware or clay with salts.

Interpretation of Part B

1.  In Part B—

“clay” includes a blend of clay with ash, sand or other materials;

“refractory material” means material (such as fireclay, silica, magnesite, chrome-magnesite, sillimanite, sintered alumina, beryllia and boron nitride) which is able to withstand high temperatures and to function as a furnace lining or in other similar high temperature applications.

CHAPTER 4The chemical industry

Interpretation of Chapter 4

1.  In Part A(1) of the Sections of this Chapter, “producing” means the production on an industrial scale by chemical or biological processing of substances or groups of substances listed in the relevant Sections.

SECTION 4.1Organic chemicals

Interpretation of Section 4.1

1.  In this Section, “pre-formulated resin or pre-formulated gel coat” means any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.

Part A(1)

(a)Producing organic chemicals such as—

(i)hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

(ii)organic compounds containing oxygen (for example alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols, epoxy resins);

(iii)organic compounds containing sulphur (for example sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics);

(iv)organic compounds containing nitrogen (for example amines, amides, nitrous-, nitro- or azo-compounds, nitrates, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers);

(v)organic compounds containing phosphorus (for example substituted phosphines and phosphate esters);

(vi)organic compounds containing halogens (for example halocarbons, halogenated aromatic compounds and acid halides);

(vii)organometallic compounds (for example lead alkyls, Grignard reagents and lithium alkyls);

(viii)plastic materials (for example polymers, synthetic fibres and cellulose-based fibres);

(ix)synthetic rubbers;

(x)dyes and pigments;

(xi)surface-active agents.

Part B

(a)Unless falling within Part A(1) of this Section, any activity where the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any 12-month period of 5 or more tonnes of any di-isocyanate or of any partly polymerised di-isocyanate or, in aggregate, of both.

(b)The flame bonding or cutting with heated wires of polyurethane foams or polyurethane elastomers.

(c)Any activity for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbon, where the activity is likely to involve, in any 12-month period, the polymerisation or co-polymerisation of 100 or more tonnes of unsaturated hydrocarbon.

(d)Unless falling within Part A(1) of this Section, any activity involving the use of toluene di-isocyanate or partly polymerised di-isocyanate if—

(i)less than 5 tonnes of toluene di-isocyanate monomer is likely to be used in any 12-month period, and

(ii)the activity may result in a release into the air which contains toluene di-isocyanate.

Organic chemicals

Interpretation of Section 4.1

1.  In this Section, “pre-formulated resin or pre-formulated gel coat” means any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.

Part A(1)

(a)Producing organic chemicals such as—

(i)hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

(ii)organic compounds containing oxygen (for example alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols, epoxy resins);

(iii)organic compounds containing sulphur (for example sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics);

(iv)organic compounds containing nitrogen (for example amines, amides, nitrous-, nitro- or azo-compounds, nitrates, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers);

(v)organic compounds containing phosphorus (for example substituted phosphines and phosphate esters);

(vi)organic compounds containing halogens (for example halocarbons, halogenated aromatic compounds and acid halides);

(vii)organometallic compounds (for example lead alkyls, Grignard reagents and lithium alkyls);

(viii)plastic materials (for example polymers, synthetic fibres and cellulose-based fibres);

(ix)synthetic rubbers;

(x)dyes and pigments;

(xi)surface-active agents.

Part B

(a)Unless falling within Part A(1) of this Section, any activity where the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any 12-month period of 5 or more tonnes of any di-isocyanate or of any partly polymerised di-isocyanate or, in aggregate, of both.

(b)The flame bonding or cutting with heated wires of polyurethane foams or polyurethane elastomers.

(c)Any activity for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbon, where the activity is likely to involve, in any 12-month period, the polymerisation or co-polymerisation of 100 or more tonnes of unsaturated hydrocarbon.

(d)Unless falling within Part A(1) of this Section, any activity involving the use of toluene di-isocyanate or partly polymerised di-isocyanate if—

(i)less than 5 tonnes of toluene di-isocyanate monomer is likely to be used in any 12-month period, and

(ii)the activity may result in a release into the air which contains toluene di-isocyanate.

SECTION 4.2Inorganic chemicals

Part A(1)

(a)Producing inorganic chemicals such as—

(i)gases (for example ammonia, hydrogen chloride, hydrogen fluoride, hydrogen cyanide, hydrogen sulphide, oxides of carbon, sulphur compounds, oxides of nitrogen, hydrogen, oxides of sulphur, phosgene);

(ii)acids (for example chromic acid, hydrofluoric acid, hydrochloric acid, hydrobromic acid, hydroiodic acid, phosphoric acid, nitric acid, sulphuric acid, oleum and chlorosulphonic acid);

(iii)bases (for example ammonium hydroxide, potassium hydroxide, sodium hydroxide);

(iv)salts (for example ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate, cupric acetate, ammonium phosphomolybdate);

(v)non-metals, metal oxides, metal carbonyls or other inorganic compounds (for example calcium carbide, silicon, silicon carbide, titanium dioxide);

(vi)halogens or interhalogen compounds comprising two or more of halogens, or any compound comprising one or more of those halogens and oxygen.

(b)Unless falling within any other Section, any manufacturing activity which is likely to result in the release into the air of any hydrogen halide (other than the manufacture of glass or the coating, plating or surface treatment of metal) or which is likely to result in the release into the air or water of any halogen or any of the compounds mentioned in paragraph (a)(vi) (other than the treatment of water).

(c)Unless falling within any other Section, any manufacturing activity (other than the application of a glaze or vitreous enamel) involving the use of, or the use or recovery of, any compound of any of the following elements—

(i)antimony,

(ii)arsenic,

(iii)beryllium,

(iv)gallium,

(v)indium,

(vi)lead,

(vii)palladium,

(viii)platinum,

(ix)selenium,

(x)tellurium,

(xi)thallium,

where the activity may result in the release into the air of any of those elements or compounds or the release into water of any substance listed in paragraph 7(1) of Part 1 of this Schedule.

(d)Recovering any compound of cadmium or mercury.

(e)Unless falling within any other Section, any manufacturing activity involving the use of mercury or cadmium or any compound of either element or which may result in the release into the air of either of those elements or their compounds.

(f)Unless falling within any other Section, any activity (other than the combustion or incineration of carbonaceous material as defined in the Interpretation of Part A(1) of Section 1.2) which is likely to result in the release into the air of any acid-forming oxide of nitrogen.

SECTION 4.3Chemical fertiliser production

Part A(1)

(a)Producing (including any blending which is related to their production) phosphorus-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers).

SECTION 4.4Plant health products and biocides

Part A(1)

(a)Producing plant health products or biocides.

SECTION 4.5Pharmaceutical production

Part A(1)

(a)Producing pharmaceutical products.

SECTION 4.6Explosives production

Part A(1)

(a)Producing explosives.

SECTION 4.7Manufacturing activities involving carbon disulphide or ammonia

Part A(1)

(a)Any activity for the manufacture of a chemical which may result in the release of ammonia into the air, other than an activity in which ammonia is only used as a refrigerant.

SECTION 4.8The storage of chemicals in bulk

Part B

(a)The storage in tanks, other than in tanks for the time being forming part of a powered vehicle, of any of the substances listed below, except where the total storage capacity of the tanks installed at the location in question in which the relevant substance may be stored is less than the figure specified below in relation to that substance—

(i)one or more acrylates, 20 tonnes (in aggregate);

(ii)acrylonitrile, 20 tonnes;

(iii)anhydrous ammonia, 100 tonnes;

(iv)anhydrous hydrogen fluoride, 1 tonne;

(v)toluene di-isocyanate, 20 tonnes;

(vi)vinyl chloride monomer, 20 tonnes;

(vii)ethylene, 8,000 tonnes.

CHAPTER 5Waste management

SECTION 5.1Incineration and co-incineration of waste

Part A(1)

(a)The incineration of hazardous waste in a waste incineration plant or waste co-incineration plant with a capacity exceeding 10 tonnes per day.

(b)The incineration of non-hazardous waste in a waste incineration plant or waste co-incineration plant with a capacity exceeding 3 tonnes per hour.

(c)The incineration, other than incidentally in the course of burning landfill gas or solid or liquid waste, of any gaseous compound containing halogens.

Part B

(a)The incineration in a small waste incineration plant with an aggregate capacity of 50kg or more per hour of the following waste—

(i)vegetable waste from agriculture or forestry;

(ii)vegetable waste from the food processing industry, if the heat generated is recovered;

(iii)fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered;

(iv)cork waste;

(v)wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatings;

(vi)animal carcasses.

(b)The cremation of human remains.

Application of Part B

1.  When determining the extent of an installation carrying on an activity within Part B, any location of the following description is to be ignored: any location where the associated storage or handling of wastes and residues which are to be incinerated as part of that activity is carried on, other than a location where the associated storage or handling of animal remains intended for burning in an incinerator used wholly or mainly for the incineration of such remains or residues from the burning of such remains in such an incinerator is carried on.

SECTION 5.2Disposal of waste by landfill

Part A(1)

(a)The disposal of waste in a landfill—

(i)receiving more than 10 tonnes of waste in any day, or

(ii)with a total capacity of more than 25,000 tonnes,

but excluding disposals in a landfill taking only inert waste.

SECTION 5.3Disposal or recovery of hazardous waste

Part A(1)

(a)Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities—

(i)biological treatment;

(ii)physico-chemical treatment;

(iii)blending or mixing prior to submission to any of the other activities listed in this Section or in Section 5.1;

(iv)repackaging prior to submission to any of the other activities listed in this Section or in Section 5.1;

(v)solvent reclamation or regeneration;

(vi)recycling or reclamation of inorganic materials other than metals or metal compounds;

(vii)regeneration of acids or bases;

(viii)recovery of components used for pollution abatement;

(ix)recovery of components from catalysts;

(x)oil re-refining or other re-uses of oil;

(xi)surface impoundment.

SECTION 5.4Disposal, recovery or a mix of disposal and recovery of non-hazardous waste

Part A(1)

(a)Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day (or 100 tonnes per day if the only waste treatment activity is anaerobic digestion) involving one or more of the following activities, and excluding activities covered by Council Directive 91/271/EEC concerning urban waste-water treatment(58)—

(i)biological treatment;

(ii)physico-chemical treatment;

(iii)pre-treatment waste for incineration or co-incineration;

(iv)treatment of slags and ashes;

(v)treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

(b)Recovery or a mix of recovery and disposal of non-hazardous waste with a capacity exceeding 75 tonnes per day (or 100 tonnes per day if the only waste treatment activity is anaerobic digestion) involving one or more of the following activities, and excluding activities covered by Council Directive 91/271/EEC

(i)biological treatment;

(ii)pre-treatment of waste for incineration or co-incineration;

(iii)treatment of slags and ashes;

(iv)treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

Interpretation of Part A(1)

1.  In Part A(1), “anaerobic digestion” has the same meaning as in the Industrial Emissions Directive.

SECTION 5.5The production of fuel from waste

Part A(1)

(a)Making solid fuel (other than charcoal) from waste by any process involving the use of heat.

SECTION 5.6Temporary or underground storage of hazardous waste

Part A(1)

(a)Temporary storage of hazardous waste with a total capacity exceeding 50 tonnes pending any of the activities listed in Sections 5.1, 5.2, 5.3 and paragraph (b) of this Section, except—

(i)temporary storage, pending collection, on the site where the waste is generated, or

(ii)activities falling within Section 5.2.

(b)Underground storage of hazardous waste with a total capacity exceeding 50 tonnes.

SECTION 5.7Treatment of waste water

Part A(1)

(a)Independently operated treatment of waste water not covered by Directive 91/271/EEC and discharged by an installation carrying out any other Part A(1) or A(2) activity.

CHAPTER 6Other activities

SECTION 6.1Paper, pulp and board manufacturing activities

Part A(1)

(a)Producing, in industrial plant, pulp from timber or other fibrous materials.

(b)Producing, in industrial plant, paper and board where the plant has a production capacity of more than 20 tonnes per day.

Part A(2)

(a)Producing, in an industrial plant, one or more of the following wood-based panels with a production capacity exceeding 600m3 per day: oriented strand board, particleboard or fibreboard.

SECTION 6.2Carbon activities

Part A(1)

(a)Producing carbon or hard-burnt coal or electro-graphite by means of incineration or graphitisation.

SECTION 6.3Tar and bitumen activities

Part A(1)

(a)The following activities—

(i)distilling tar or bitumen in connection with any process of manufacture, or

(ii)heating tar for the manufacture of electrodes or carbon-based refractory materials,

where the activity is likely to involve the use in any 12-month period of 5 or more tonnes of tar or of bitumen or both in aggregate.

Part B

(a)Any activity not falling within Part A(1) of this Section or of Section 6.2 involving—

(i)heating, but not distilling, tar or bitumen in connection with any manufacturing activity, or

(ii)oxidising bitumen by blowing air through it, at plant where no other activities described in any Section in this Schedule are carried on,

where the carrying on of the activity is likely to involve the use in any 12-month period of 5 or more tonnes of tar or bitumen or both in aggregate.

Interpretation of Part B

1.  In Part B, “tar” and “bitumen” include pitch.

SECTION 6.4Coating activities, printing and textile treatments

Part A(1)

(a)Pre-treating (by operations such as washing, bleaching or mercerization) or dyeing fibres or textiles in plant with a treatment capacity of more than 10 tonnes per day.

Part A(2)

(a)Unless falling within Part A(1) of this Section, surface treating substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, in plant with a consumption capacity of more than 150kg or more per hour than 200 tonnes per year.

Part B

(a)Unless falling within Part A(1) or Part A(2) of this Section or Part A(2)(c) of Section 2.1, any process (other than for the re-painting or re-spraying of, or of parts of, aircraft or road or railway vehicles) for applying to a substrate, or drying or curing after such application, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity, where the process may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any 12-month period of—

(i)20 or more tonnes of printing ink, paint or other coating material which is applied in solid form,

(ii)20 or more tonnes of any metal coating which is sprayed on in molten form,

(iii)25 or more tonnes of organic solvents in respect of any cold set web offset printing activity or any sheet fed offset litho printing activity, or

(iv)5 or more tonnes of organic solvents in respect of any activity not mentioned in sub-paragraph (iii).

(b)Unless falling within Part A(2) of this Section, re-painting or re-spraying road vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use of 1 or more tonnes of organic solvents in any 12-month period.

(c)Re-painting or re-spraying aircraft or railway vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use in any 12-month period of—

(i)20 or more tonnes of any paint or other coating material which is applied in solid form,

(ii)20 or more tonnes of any metal coatings which are sprayed on in molten form, or

(iii)5 or more tonnes of organic solvents.

Interpretation and application of Part B

1.  In Part B—

“aircraft” includes gliders and missiles;

“coating material” means paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating and any other coating material.

2.  The amount of organic solvents used in an activity must be calculated as—

(a)the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes, less

(b)any organic solvents that are removed from the process for re-use or for recovery for re-use.

3.  When determining the extent of an installation carrying on an activity within Part B, any location where the associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning is carried on is to be ignored, unless that location forms part of a regulated facility at which a solvent emission activity is carried out.

SECTION 6.5The manufacture of dyestuffs, printing ink and coating materials

Part B

(a)Unless falling within Part A(1) or Part A(2) of any other Section—

(i)manufacturing or formulating printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying on of the activity is likely to involve the use of 100 or more tonnes of organic solvents in any 12-month period;

(ii)manufacturing any powder for use as a coating where the process uses lead chromate or triglycidyl isocyanurate and material where there is the capacity to produce 200 or more tonnes of such powder in any 12-month period.

Interpretation of Part B

1.  In Part B, “coating material” has the same meaning as in Section 6.4.

2.  The amount of organic solvents used in an activity must be calculated as—

(a)the total input of organic solvents into the process, including both solvents contained in coating materials and solvents for cleaning or other purposes, less

(b)any organic solvents, not contained in coating materials, that are removed from the process for re-use or for recovery for re-use.

SECTION 6.6Timber activities

Part A(2)

(a)Preservation of wood and wood products with chemicals with a production capacity exceeding 75m3 per day other than exclusively treating against sapstain.

Part B

(a)Unless falling within Part A(2) of Section 6.1, manufacturing products wholly or mainly of wood at any works if the activity involves a relevant activity and the throughput of the works in any 12-month period is likely to be more than—

(i)10,000 cubic metres in the case of works at which wood is only sawed, or wood is sawed and subjected to excluded activities, or

(ii)1,000 cubic metres in any other case.

Interpretation of Part B

1.  In Part B and in this paragraph—

“excluded activity” means any relevant activity (other than sawing) which, ignoring any sawing carried on at the works, would be unlikely to result in the release into the air of any substance in paragraph 6(3) of Part 1 of this Schedule in a quantity capable of causing significant harm;

“relevant activity” means the sawing, drilling, sanding, shaping, turning, planing, curing or chemical treatment of wood;

“throughput” means the amount of wood which is subjected to a relevant activity, but where wood is subject to two or more relevant activities at the same works, the second and any subsequent activity is to be ignored;

“wood” includes any product consisting wholly or mainly of wood;

“works” includes a sawmill or any other premises where relevant activities are carried on.

SECTION 6.7Activities involving rubber

Part A(2)

(a)Manufacturing new tyres (but not remoulds or retreads) if this involves the use in any 12-month period of 50,000 or more tonnes of one or more of the following—

(i)natural rubber;

(ii)synthetic organic elastomers;

(iii)other substances mixed with them.

Part B

(a)Unless falling within Part A(1) or Part A(2) of any Section, the mixing, milling or blending of—

(i)natural rubber, or

(ii)synthetic organic elastomers,

if carbon black is used.

(b)Any activity which converts the product of an activity falling within paragraph (a) into a finished product if related to an activity falling within that paragraph.

SECTION 6.8The treatment of animal and vegetable matter and food industries

Interpretation of Section 6.8

1.—(1) In this Section—

“animal” includes a bird or a fish;

“controlled waters” has the meaning given in section 104 of the 1991 Act;

“excluded activity” means—

(a)

any activity carried on on a farm or agricultural holding other than—

(i)

the manufacture of goods for sale;

(ii)

the production of compost for growing mushrooms;

(b)

the manufacture or preparation of food or drink for human consumption but excluding—

(i)

the extraction, distillation or purification of animal or vegetable oil or fat otherwise than as an activity incidental to the cooking of food for human consumption;

(ii)

any activity involving the use of green offal or the boiling of blood except the cooking of food (other than tripe) for human consumption;

(iii)

the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed;

(c)

the fleshing, cleaning and drying of pelts of fur-bearing mammals;

(d)

any activity carried on in connection with the operation of a collection centre for animal by-products;

(e)

any activity for the manufacture of soap not falling within Part A(1) of Section 4.1;

(f)

the storage of vegetable matter not falling within any other Section;

(g)

the manufacture of starch;

(h)

the salting of hides or skins, unless related to any other activity listed in this Schedule;

(i)

any activity for composting animal or vegetable matter or a combination of both, except where that activity is carried on for the purposes of cultivating mushrooms;

(j)

any activity for cleaning, and any related activity for drying or dressing, seeds, bulbs, corms or tubers (and “related activity” means an activity being carried on by the same person at the same site);

(k)

the drying of grain or pulses;

(l)

any activity for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth;

(m)

the drying of green crops;

“food” includes—

(a)

drink,

(b)

articles and substances of no nutritional value which are used for human consumption, and

(c)

articles and substances used as ingredients in the preparation of food.

(2) In sub-paragraph (1)—

“green crops” means alfalfa (Lucerne), clover, grass, perennial ryegrass, tall fescue and other similar crops;

“green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents.

Part A(1)

(a)Tanning hides and skins at a plant with a treatment capacity of more than 12 tonnes of finished products per day.

(b)Slaughtering animals at a plant with a carcass production capacity of more than 50 tonnes per day.

(c)Disposing of or recycling animal carcasses or animal waste, other than by rendering in a small waste incineration plant, at a plant with a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or both in aggregate.

(d)Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed (where the weight of the finished product excludes packaging)—

(i)only animal raw materials (other than milk only) with a finished product production capacity greater than 75 tonnes per day;

(ii)only vegetable raw materials with a finished product production capacity greater than 300 tonnes per day or 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year;

(iii)animal and vegetable raw materials (other than milk only), both in combined and separate products, with a finished product production capacity in tonnes per day greater than—

(aa)75 if A is equal to 10 or more, or

(bb)300-(22.5 x A) in any other case,

where ‘A’ is the portion of animal material in percent of weight of the finished product production capacity.

(e)Treating and processing milk, the quantity of milk received being more than 200 tonnes per day (average value on an annual basis).

Part A(2)

(a)Disposing of or recycling animal carcasses or animal waste by rendering at plant or in a small waste incineration plant, where the plant or small waste incineration plant has a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or both in aggregate.

Part B

(a)Processing, storing or drying by the application of heat the whole or part of any dead animal or any vegetable matter (other than the treatment of effluent so as to permit its discharge into controlled waters or into a sewer unless the treatment involves the drying of any material with a view to its use as animal feedstuff) if the processing, storing or drying—

(i)does not fall within another Section, or Part A(1) or Part A(2) of this Section,

(ii)is not an excluded activity, and

(iii)may result in the release into the air of—

(aa)any substance listed in in paragraph 6(3) of Part 1 of this Schedule, or

(bb)any offensive smell noticeable outside the premises on which the activity is carried on.

(b)Breeding maggots in any case where 5kg or more of animal matter, vegetable matter or both in aggregate, are introduced into the process in any week.

SECTION 6.9Intensive farming

Part A(1)

(a)Rearing poultry or pigs intensively in an installation with more than—

(i)40,000 places for poultry,

(ii)2,000 places for production pigs (over 30kg), or

(iii)750 places for sows.

SECTION 6.10Carbon capture and storage

Part A(1)

(a)Capture of carbon dioxide streams from an installation for the purposes of geological storage pursuant to Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide(59).

Regulation 4

SCHEDULE 2Exempt facilities: general

Interpretation: general

1.—(1) In this Schedule—

“occupier” means a person who is or has been the occupier of the land on which an exempt water discharge activity or exempt groundwater activity is carried on;

“operator” means the person carrying on a water discharge activity or groundwater activity;

“register” means the register which the exemption registration authority is required to establish and maintain under paragraph 11(1);

“registered” means—

(a)

in relation to a waste operation, that the relevant particulars appear on the register during a valid registration period,

(b)

in relation to a water discharge activity, groundwater activity or flood risk activity, that the relevant particulars appear on the register,

and “registration” is to be construed accordingly;

“relevant particulars” has the meaning given in paragraph 10(4);

“valid registration period”, for an exempt waste operation, means the period of validity of a registration referred to in paragraph 15(1), as read with paragraph 15(2);

“WEEE operation” means a waste operation falling within a description in paragraph T11.

(2) In this Schedule, in relation to an exempt waste operation, a reference to any of paragraphs U1 to U16, T1 to T32, D1 to D8 or S1 to S3 has the meaning given in paragraph 1(8) of Chapter 1 of Part 1 of Schedule 3.

Interpretation: exemption registration authority and exemption authority

2.—(1) Subject to sub-paragraph (2), the exemption registration authority in relation to a waste operation falling within a description in Part 1 of Schedule 3 is the appropriate agency.

(2) The exemption registration authority in relation to a waste operation falling within a description in paragraph T3 or T7 is—

(a)for a waste operation carried on by waste mobile plant by an establishment or undertaking whose principal place of business is in England and Wales, the local authority in whose area it has its principal place of business;

(b)for a waste operation carried on by waste mobile plant by an establishment or undertaking whose principal place of business is not in England and Wales, the local authority in whose area the operation is first carried on;

(c)for a waste operation not carried on by waste mobile plant, the local authority in whose area the operation is carried on.

(3) In relation to Wales only, the NRBW is the exemption registration authority in relation to—

(a)a water discharge activity falling within a description in Part 2 of Schedule 3, and

(b)a groundwater activity falling within a description in Part 3 of Schedule 3.

(4) In relation to England only—

(a)the Agency is the exemption registration authority in relation to—

(i)a water discharge activity falling within a description in paragraph 1 of Part 2 of Schedule 3, and

(ii)a groundwater activity falling within a description in paragraph 2 or 5 of Part 3 of Schedule 3;

(b)the Agency is the exemption authority in relation to—

(i)a water discharge activity falling within a description in paragraph 3 of Part 2 of Schedule 3, and

(ii)a groundwater activity falling within a description in paragraph 4 of Part 3 of Schedule 3.

(5) The exemption registration authority in relation to a flood risk activity falling within a description in Part 4 of Schedule 3 is the appropriate agency.

General condition

3.  The general condition for an operation or activity in this Schedule is that the operation or activity is not an operation or activity that falls within Chapter 5 of Part 2 of Schedule 1 (waste management).

Exempt waste operations

4.—(1) For the purpose of the definition of “exempt waste operation”, the requirements are—

(a)that a waste operation—

(i)falls within a description in Part 1 of Schedule 3, and

(ii)satisfies the general and specific conditions specified in that Part in relation to the description,

(b)subject to sub-paragraph (2) and paragraph 13(10) of this Schedule, that—

(i)the waste operation is registered, and

(ii)an establishment or undertaking is registered in relation to it, and

(c)that the type and quantity of waste submitted to the waste operation, and the method of disposal or recovery, are consistent with the need to attain the objectives mentioned in Article 13 of the Waste Framework Directive.

(2) The registration requirements in sub-paragraph (1)(b) do not apply in respect of a waste operation carried on by a person who is not an establishment or undertaking.

Exempt water discharge activities: Wales

5.  For the purpose of the definition of “exempt water discharge activity”, the requirements in Wales are—

(a)that a water discharge activity—

(i)falls within a description in Part 2 of Schedule 3, and

(ii)satisfies, in relation to an activity of that description, the relevant conditions specified in that Part,

(b)that the water discharge activity is registered and, subject to paragraph 13(10) of this Schedule, for a water discharge activity that falls within a description in—

(i)paragraph 1 of Part 2 of Schedule 3, the operator is registered in relation to the activity, or

(ii)paragraph 2 of Part 2 of that Schedule, the occupier is registered in relation to the activity, and

(c)that the water discharge activity does not cause pollution of inland freshwaters, coastal waters or relevant territorial waters.

Exempt water discharge activities: England

6.  For the purpose of the definition of “exempt water discharge activity”, the requirements in England are—

(a)that the water discharge activity—

(i)falls within a description in Part 2 of Schedule 3, and

(ii)satisfies, in relation to an activity of that description, the relevant conditions specified in that Part,

(b)where the water discharge activity falls within a description in paragraph 1 of Part 2 of Schedule 3, that (in addition to the requirements in sub-paragraph (a))—

(i)the activity is registered by the operator, and

(ii)subject to paragraph 13(10) of this Schedule, the operator is registered in relation to that activity, and

(c)that the water discharge activity does not cause pollution of inland freshwaters, coastal waters or relevant territorial waters.

Exempt groundwater activities: Wales

7.  For the purpose of the definition of “exempt groundwater activity”, the requirements in Wales are—

(a)that a groundwater activity—

(i)falls within a description in Part 3 of Schedule 3, and

(ii)satisfies, in relation to an activity of that description, the relevant conditions specified in that Part,

(b)that the groundwater activity is registered and, subject to paragraph 13(10) of this Schedule, for a groundwater activity that falls within a description in—

(i)paragraph 2 of Part 3 of Schedule 3, the operator is registered in relation to the activity,

(ii)paragraph 3 of Part 3 of that Schedule, the occupier is registered in relation to the activity, or

(iii)paragraph 5 of Part 3 of that Schedule, the operator is registered in relation to the activity, and

(c)that the groundwater activity does not cause pollution of groundwater.

Exempt groundwater activities: England

8.  For the purpose of the definition of “exempt groundwater activity”, the requirements in England are—

(a)that the groundwater activity—

(i)falls within a description in Part 3 of Schedule 3, and

(ii)satisfies, in relation to an activity of that description, the relevant conditions specified in that Part,

(b)where the groundwater activity falls within a description in paragraph 2 or 5 of Part 3 of Schedule 3, that (in addition to the requirements in sub-paragraph (a))—

(i)the activity is registered by the operator, and

(ii)subject to paragraph 13(10) of this Schedule, the operator is registered in relation to the activity, and

(c)that the groundwater activity does not cause pollution of groundwater.

Exempt flood risk activities

9.  An “exempt flood risk activity” is a flood risk activity that—

(a)falls within a description in Part 4 of Schedule 3,

(b)satisfies, in relation to an activity of that description, the relevant conditions specified in that Part,

(c)is registered, and

(d)is an activity in relation to which the operator is registered.

Procedure for registering an exempt facility

10.—(1) An establishment or undertaking seeking to be registered in relation to a waste operation described in Part 1 of Schedule 3, or seeking to renew such a registration, must notify the exemption registration authority of—

(a)the relevant particulars, and

(b)the information specified in sub-paragraph (5).

(2) An occupier or operator seeking to be registered in relation to a water discharge activity described in Part 2 of Schedule 3 or a groundwater activity described in Part 3 of that Schedule must notify the exemption registration authority of the relevant particulars.

(3) An operator seeking to be registered in relation to a flood risk activity described in Part 4 of Schedule 3 must notify the exemption registration authority of the relevant particulars.

(4) The relevant particulars are—

(a)the name and address of—

(i)for a waste operation, the establishment or undertaking, or

(ii)for a water discharge activity, groundwater activity or flood risk activity, the occupier or operator,

(b)a description of the waste operation, water discharge activity, groundwater activity or flood risk activity,

(c)the place where the waste operation, water discharge activity, groundwater activity or flood risk activity is carried on, including—

(i)the postcode (if applicable), or

(ii)the Ordnance Survey National Grid reference point, and

(d)if the waste operation is a WEEE operation, the type and quantity of waste subject to the operation.

(5) The information in this sub-paragraph is the name and contact details of an individual officer or employee designated by the establishment or undertaking as the primary contact for the purposes of registration.

(6) Notification under sub-paragraph (1) or (2) must be in the form specified by the exemption registration authority.

(7) A notification under sub-paragraph (1) relating to a waste operation that is a WEEE operation must be accompanied by the applicable fee.

(8) In sub-paragraph (7), “applicable fee” means the fee prescribed under a charging scheme made under section 41 of the 1995 Act(60).

Register of exempt facilities

11.—(1) Every exemption registration authority must establish and maintain a register of exempt facilities in relation to which it is the exemption registration authority.

(2) Subject to sub-paragraphs (4) and (5), the exemption registration authority must ensure the register contains the relevant particulars—

(a)for an exempt waste operation other than a WEEE operation, within 5 working days after the date that it receives notification of the relevant particulars and the information specified in paragraph 10(5);

(b)for a WEEE operation—

(i)where a decision is made under sub-paragraph (3) not to inspect the operation, within 5 working days after the date of the decision;

(ii)otherwise, within 5 working days after the date of the inspection under sub-paragraph (3);

(c)for an exempt water discharge activity, exempt groundwater activity or exempt flood risk activity, within 15 working days after the date that it receives notification of the relevant particulars.

(3) Where information notified in accordance with paragraph 10(1) relates to a WEEE operation, the exemption registration authority may carry out an inspection of the operation before adding the information to the register in accordance with sub-paragraph (2).

(4) Where following an inspection carried out under sub-paragraph (3) the authority is not satisfied that a WEEE operation would meet the conditions in sub-paragraph (3) of paragraph T11, the information notified must not be added to the register.

(5) The exemption registration authority must ensure the register is updated to reflect any changes notified under paragraph 16(1) of this Schedule or under Part 2 or 3 of Schedule 3—

(a)for exempt waste operations, within 5 working days after the date that it receives the notification, or

(b)for exempt water discharge activities, exempt groundwater activities and exempt flood risk activities, within 15 working days after that date.

(6) Every exemption registration authority must—

(a)ensure that its register is open to inspection by the public free of charge at all reasonable hours, and

(b)provide reasonable facilities to the public for obtaining a copy of an entry on payment of a reasonable charge.

(7) A register may be kept in any form.

Duty to remove entries from the register

12.—(1) The duty to maintain a register in paragraph 11(1) includes a duty to remove an entry from the register if—

(a)the exemption registration authority becomes aware that the exempt facility is no longer in operation at the place stated in the relevant particulars, or

(b)the facility ceases to be an exempt facility.

(2) If the exemption registration authority removes an entry from the register under sub-paragraph (1), it must notify without delay the occupier, operator or other person registered in relation to the exempt facility.

(3) Sub-paragraph (2) does not apply if the exemption registration authority was notified by the person registered in relation to the facility that the facility is no longer in operation at the place stated in the relevant particulars.

Exclusion from the register of information affecting national security

13.—(1) The appropriate authority may direct the exemption registration authority that, in the interests of national security, specified information or information of a specified description must be excluded from the register.

(2) The exemption registration authority must notify the appropriate authority of any information it excludes from the register pursuant to such a direction.

(3) The appropriate authority may direct the exemption registration authority that, in the interests of national security, before information of a specified description is included on the register, the information must be referred to the appropriate authority for determination as to whether or not it should be excluded from the register.

(4) A determination by the appropriate authority under sub-paragraph (3) to exclude information from the register must be given effect by a direction under sub-paragraph (1).

(5) A person may give a notice to the appropriate authority stating that, in the person’s opinion, the inclusion of information on the register would be contrary to the interests of national security.

(6) A notice under sub-paragraph (5) must specify the information and indicate its apparent nature.

(7) A person giving a notice under sub-paragraph (5) must at the same time notify the exemption registration authority.

(8) The exemption registration authority must not include information notified under sub-paragraph (5) on the register unless the appropriate authority determines that it may be included.

(9) A determination by the appropriate authority to exclude information notified under sub-paragraph (5) from the register must be given effect by a direction under sub-paragraph (1).

(10) In relation to an exempt facility that is the subject of a direction or notice given under this paragraph, the requirement in paragraph 4(1)(b), 5(b), 6(b), 7(b) or 8(b)—

(a)does not apply where a direction or notice requires the exclusion of all relevant particulars from the register, and

(b)is satisfied where—

(i)a direction under sub-paragraph (1) requires the exclusion of some, but not all, relevant particulars from the register,

(ii)a direction under sub-paragraph (3) which is pending a determination under that sub-paragraph requires the exclusion of relevant particulars from the register, or

(iii)a notice under sub-paragraph (5) which is pending a determination under sub-paragraph (8) requires the exclusion of relevant particulars from the register,

and where any relevant particulars which are not subject to a direction or notice are included on the register.

Restrictions on registering exempt waste operations carried on at the same place

14.—(1) An establishment or undertaking may not be registered more than once during a valid registration period in relation to any one waste operation described in Part 1 of Schedule 3 that is carried on or is to be carried on at the same place.

(2) If an establishment or undertaking is registered more than once in contravention of sub-paragraph (1), the second and any subsequent registration is invalid.

(3) Subject to sub-paragraph (7), not more than one establishment or undertaking may be registered at the same time in relation to the same waste operation described in Part 1 of Schedule 3 if the operation is carried on or is to be carried on at the same place.

(4) If more than one establishment or undertaking is registered in contravention of sub-paragraph (3), only the registration specified in sub-paragraph (5) is valid.

(5) The registration specified in this sub-paragraph is the registration of the establishment or undertaking in respect of which the relevant particulars first appeared on the register in the relevant period.

(6) In this paragraph, “relevant period” means the period during which the relevant particulars appear on the register.

(7) Sub-paragraph (3) does not apply in relation to a waste operation falling within a description in paragraph D2.

Validity of registration of waste operations

15.—(1) A first registration or a registration in relation to a WEEE operation is valid for 3 years.

(2) Any other registration in relation to a waste operation is valid until the end of validity of the first registration.

(3) For the purposes of sub-paragraphs (1) and (2), the period of validity of a registration commences on the date of registration or on the most recent renewal date, as the case may be.

(4) An establishment or undertaking may renew a registration at any time in the month prior to the registration becoming invalid (and the registration procedure specified in paragraph 10 applies in relation to any such renewal).

(5) Where an establishment or undertaking has renewed a registration, the renewal takes effect on the day after the day on which the previous registration becomes invalid.

(6) In this paragraph—

“date of registration” means the date on which the relevant particulars first appear on the register;

“first registration” means—

(a)

the first appearance on the register of relevant particulars for an establishment or undertaking in relation to a waste operation other than a WEEE operation, or

(b)

in the case of a renewal, the first such appearance following the end of validity of the registration, other than the end of validity of the registration of a WEEE operation;

“renewal date” means the date that the renewal of a registration takes effect.

Changes to relevant particulars relating to waste operations

16.—(1) An establishment or undertaking registered in relation to a waste operation must notify the exemption registration authority without delay of any changes to—

(a)any of the relevant particulars, and

(b)any of the information specified in paragraph 10(5).

(2) If an establishment or undertaking does not comply with sub-paragraph (1)(a), the exemption registration authority may remove from the register the entry made in respect of the establishment or undertaking.

(3) Notification under sub-paragraph (1) must be in the form specified by the exemption registration authority.

(4) The exemption registration authority must notify the establishment or undertaking without delay if it removes an entry from the register pursuant to sub-paragraph (2).

Record keeping for exempt waste operations

17.—(1) This paragraph applies to every exempt waste operation where the waste operation—

(a)is a WEEE operation, or

(b)falls within a description in—

(i)subject to sub-paragraph (2), paragraph U10 or U11;

(ii)paragraph T9;

(iii)paragraph T3 or T7 where the operation is carried on by waste mobile plant.

(2) But it does not apply in relation to an exempt waste operation where—

(a)the waste operation falls within a description in paragraph U10 or U11, and

(b)the establishment or undertaking is required to keep records in relation to the operation and the waste that is subject to that operation under the Nitrate Pollution Prevention Regulations 2015(61) or the Nitrate Pollution Prevention (Wales) Regulations 2013(62).

(3) An establishment or undertaking which carries on an exempt waste operation to which this paragraph applies must—

(a)keep chronological records of the quantity, nature, origin and, where relevant, the destination and treatment method of all waste disposed of or recovered in the course of that operation, and

(b)where the waste operation falls within a description in paragraph T3 or T7 and is carried on by waste mobile plant, keep records of the places where the operation is carried on.

(4) An establishment or undertaking which carries on an exempt waste operation to which this paragraph applies must—

(a)retain any records that it is required to keep under sub-paragraph (3) for a period of—

(i)if the operation involves the treatment of hazardous waste, 3 years;

(ii)otherwise, 2 years, and

(b)during that period make those records available to the exemption registration authority on request.

Periodic inspections of establishments and undertakings

18.  Every exemption registration authority must carry out appropriate periodic inspections of establishments and undertakings carrying on exempt waste operations in respect of which it is the exemption registration authority.

Regulation 4

SCHEDULE 3Exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

PART 1Exempt waste operations: descriptions and conditions

CHAPTER 1Interpretation of Part 1

Interpretation

1.—(1) In this Part—

“agricultural land” has the meaning given in section 109(1) of the Agriculture Act 1947(63) and, for the purposes of the descriptions in paragraphs U10 and U11, includes land used for the production of timber or other non-food crops;

“anaerobic digestion” means the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable waste which—

(a)

is carried on under controlled anaerobic conditions, and

(b)

results in stable sanitised material that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land;

“associated storage” means storage of waste that—

(a)

is associated with the use, treatment or disposal of waste, and

(b)

takes place at the place where the use, treatment or disposal is carried on;

“bank” means a bank, wall or embankment adjoining or confining, or constructed for the purposes of or in connection with, any channel and includes all land between the bank and low-watermark;

“construction” means the carrying on of building or engineering work which includes the repair, alteration, maintenance or improvement of an existing work and preparatory or landscaping works;

“impermeable surface” means a surface or pavement constructed and maintained to a standard sufficient to prevent the transmission of liquids beyond the surface;

“inland waters” has the meaning given in section 221(1) of the 1991 Act;

“List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste(64), as amended from time to time;

“place of production” means, in relation to any waste, the place where the waste was originally produced;

“Plant Health notice” means a notice served under—

(a)

article 13 of the Plant Health (Phytophthora ramorum) (Wales) Order 2006(65);

(b)

article 31 of the Plant Health (Forestry) Order 2005(66);

(c)

article 32 of the Plant Health (England) Order 2015(67);

(d)

article 32 of the Plant Health (Wales) Order 2006(68);

“relevant waste”, where it appears in any paragraph in this Part, means waste that—

(a)

falls within a code specified in the first column of the table in the paragraph, and

(b)

is of a type specified in the second column of the table;

“scrap metal” has the meaning given in section 21 of the Scrap Metal Dealers Act 2013(69);

“sealed drainage” means a drainage system with an impermeable surface which ensures that—

(a)

no liquid will run off the surface otherwise than via the system, and

(b)

except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump;

“secondary containment” means a bund or any other system for preventing waste which has leaked from the primary container from escaping from the place where it is stored or treated.

(2) In this Part, a six-digit code used to refer to a waste is a reference to the waste specified by the six-digit code in the List of Wastes, except insofar as the waste in this Part in relation to such a code does not include some of the types of waste specified by the code in the List.

(3) Where a bund is used as secondary containment—

(a)the bund must have an impermeable lining and—

(i)have a capacity of not less than 110% of the original container’s storage capacity, or

(ii)if there is more than one container within the containment system, have a capacity of not less than 110% of the largest container’s storage capacity or 25% of the aggregate storage capacity, whichever is the greater, and

(b)reasonable precautions must be taken to ensure that the capacities specified in paragraph (a) are maintained at all times.

(4) When interpreting this Part, a container, lagoon or other place is secure in relation to waste kept in it if—

(a)all reasonable precautions are taken to ensure that the waste cannot escape from it, and

(b)members of the public are unable to gain access to the waste.

(5) Where a quantity limit is specified in relation to more than one operation (storage, use or treatment) in any one specific or additional condition, that quantity limit applies to all of those operations on an aggregate basis.

(6) Where a waste operation is carried on by waste mobile plant, the quantity limits specified in any specific or additional specific condition in any Chapter of this Part apply in relation to each place where the operation is carried on.

(7) The quantity limits specified in any specific condition in paragraphs U1, U2, U10, U11, U12 and U15 that relate to the use or storage of waste over a specified period apply for that period regardless of whether more than one establishment or undertaking carries on the operation at the same place over that period.

(8) In this Part—

(a)a reference to any of paragraphs U1 to U16 is a reference to a paragraph numbered 1 to 16 in Section 2 of Chapter 2 (use of waste);

(b)a reference to any of paragraphs T1 to T32 is a reference to a paragraph numbered 1 to 32 in Section 2 of Chapter 3 (treatment of waste);

(c)a reference to any of paragraphs D1 to D8 is a reference to a paragraph numbered 1 to 8 in Section 2 of Chapter 4 (disposal of waste);

(d)a reference to any of paragraphs S1 to S3 is a reference to a paragraph numbered 1 to 3 in Section 2 of Chapter 5 (storage of waste).

CHAPTER 2Use of waste

SECTION 1Introductory

1.—(1) The descriptions in this Chapter—

(a)are set out in the first sub-paragraph of paragraphs U1 to U16, and

(b)include associated storage.

(2) The specific conditions for each description in this Chapter are set out in the third sub-paragraph of paragraphs U1 to U16.

(3) The general conditions for all descriptions in this Chapter are as follows—

(a)the operation is for the purposes of recovering or reusing the waste, unless otherwise stated in the specific conditions;

(b)the waste used is suitable for the purposes of the operation;

(c)no more waste is used than is necessary to carry on the operation.

SECTION 2Descriptions and specific conditions
Use of waste in construction (U1)

1.—(1) The use of relevant waste in construction.

(2) The tables specifying relevant waste for the purposes of this paragraph are set out below.

Table 1
CodesWaste typesQuantity limitAdditional specific conditions
010102Waste from mineral non-metalliferous excavation5,000 tonnes
010408Waste gravel and crushed rock other than those mentioned in 010407
010409Waste sand and clays
020202Shellfish shells from which the soft tissue or flesh has been removed only
101208Waste ceramics, bricks, tiles and construction products (after thermal processing)
101314Waste concrete and concrete sludge
170101Concrete
170102Bricks
170103Tiles and ceramics
170107Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 170106
170506Dredging spoil other than those mentioned in 170505A
170508Track ballast other than those mentioned in 170507
191205Glass
191209Minerals (for example sand, stones)
191212Aggregates only
Table 2
CodesWaste typesQuantity limitAdditional specific conditions
020399, 020401Soil from cleaning and washing fruit and vegetables only1,000 tonnes
170302Bituminous mixtures other than those mentioned in 1703011,000 tonnesB
170504Soil and stones other than those mentioned in 1705031,000 tonnes
170506Dredging spoil other than those mentioned in 1705051,000 tonnes
191302Solid wastes from soil remediation other than those mentioned in 1913011,000 tonnes
200202Soil and stones1,000 tonnes
020103Plant tissue waste1,000 tonnesB
030101, 030301Untreated waste bark, cork and wood only1,000 tonnesB
030105Untreated wood including sawdust, shavings and cuttings from untreated wood only1,000 tonnesB
170201Untreated wood only1,000 tonnesB
191207Untreated wood other than those mentioned in 191206 only1,000 tonnesB
200138Untreated wood other than those mentioned in 200137 only1,000 tonnesB
Table 3
CodesWaste typesQuantity limitAdditional specific conditions
170302Bituminous mixtures other than those mentioned in 17030150,000 tonnesC
170504Road sub base onlyC

(3) For the purposes of this paragraph, the specific conditions are that—

(a)where the relevant waste falls within the first column of a table in sub-paragraph (2), the total quantity of waste used or stored over any 3-year period does not exceed the limit indicated in the third column of that table,

(b)where one or more waste type falling within the first column of any one table in sub-paragraph (2) is used or stored, the total quantity for all the waste types used or stored does not exceed the limit indicated in the third column of that table over any 3-year period,

(c)no waste is stored for longer than 12 months prior to use, and

(d)the operation complies with such of the following additional conditions as are specified in the fourth column of the table and for these purposes—

Athe waste is used only for drainage work carried on for the purposes of the Land Drainage Act 1991(70), the 1991 Act or the 1995 Act;
Bthe waste is used only for the construction of tracks, paths, bridleways or car parks and must be processed into chipped form prior to use;
Cthe waste is used only for the construction of roads.
Use of baled end-of-life tyres in construction (U2)

2.—(1) The use of relevant waste in construction.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
160103Baled end-of-life tyres only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste used or stored during the construction does not exceed 50 tonnes of baled tyres,

(b)the waste is not used more than once,

(c)the bales comply with standard PAS108, and

(d)no waste is stored for longer than 3 months prior to use.

Use of waste in the construction of entertainment or educational installations etc. (U3)

3.—(1) The use of relevant waste in the construction of installations, exhibits, sets or demonstrations for entertainment or educational purposes.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste Types
170102Bricks
170103Tiles and ceramics
170201, 200138Wood
170203, 200139Plastic
170401 to 170407, 170411, 200140Metals including their alloys
200101Paper and cardboard
200111Textiles

(3) For the purposes of this paragraph, the specific condition is that the total quantity of waste used or stored prior to use does not exceed 20 tonnes at any one time.

Burning of waste as a fuel in a small appliance (U4)

4.—(1) The burning of relevant waste as a fuel in an appliance if the requirements in sub-paragraph (4) are met.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste Types
020103, 200201Plant tissue waste only
020107, 170201Untreated wood only
020304Vegetable waste unsuitable for consumption or processing
030101Waste bark and cork
030105Untreated sawdust and wood shavings other than those mentioned in 030104 only
030301Waste bark and wood
030310Fibre rejects (fibrous vegetable waste from virgin pulp preparation or paper pulp production) only
150103Untreated wooden packaging only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste burned over any period of 1 hour is less than 50kg,

(b)the total quantity of waste stored at any one time does not exceed 10 tonnes, and

(c)the waste is stored in a secure place.

(4) The requirements in this sub-paragraph are that—

(a)the appliance has a net rated thermal input of less than 0.4 megawatts, and

(b)where it is used together with other appliances (whether or not it is operated simultaneously with such other appliances), the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.

Use of waste derived biodiesel as fuel (U5)

5.—(1) The use of biodiesel derived from relevant waste as a fuel in a portable generator if the requirements in sub-paragraph (4) are met or in a motor vehicle and the storage of such biodiesel—

(a)in or on a motor vehicle or in such a portable generator, or

(b)at a place that is owned or occupied by the owner or user of the biodiesel.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste Types
190210Waste derived biodiesel only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of biodiesel stored in or on a motor vehicle or in a portable generator at any one time does not exceed 1,000 litres,

(b)the total quantity of biodiesel stored at a place owned or occupied by the owner or user of the biodiesel at any one time does not exceed 5,000 litres, and

(c)the biodiesel is stored with secondary containment.

(4) The requirements in this sub-paragraph are that—

(a)the portable generator has a net rated thermal input of less than 0.4 megawatts, and

(b)where it is used together with other portable generators (whether or not it is operated simultaneously with such other generators) the aggregate net rated thermal input of all the generators is less than 0.4 megawatts.

Use of sludge for the purposes of re-seeding a waste water treatment plant (U6)

6.—(1) The use of relevant waste at a waste water treatment plant for the purposes of re-seeding the plant.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste Types
190805Sludges from treatment of urban waste water
190812Sludges from biological treatment of industrial waste water other than those mentioned in 190811

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste used or stored at the plant at any one time does not exceed 1,000 cubic metres, and

(b)the waste was not produced at the plant.

Use of effluent to clean a highway gravel bed (U7)

7.—(1) The use of relevant waste from a water treatment works or a waste water treatment plant to clean a highway gravel bed.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste Types
190899Effluent only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste used over any 24-hour period does not exceed 10 cubic metres,

(b)the highway gravel bed has sealed drainage to ensure that the condition in paragraph (c) can be met,

(c)all waste used in and produced by the cleaning operation is collected, and

(d)the waste meets any relevant conditions specified in the environmental permit authorising the operation of the water treatment works or waste water treatment plant.

Use of waste for a specified purpose (U8)

8.—(1) The use of relevant waste for a specified purpose.

(2) For the purposes of this paragraph—

(a)the table specifying relevant waste and the limits referred to in sub-paragraph (3)(a) and (b) is set out below;

(b)“specified purpose” is a purpose specified in the third column of the table.

CodesWaste typesSpecified purposeQuantity limit (at any one time)
030105, 191207Untreated wood (including shavings, woodchip and sawdust) and over-sized compost onlyUse in equestrian exercise surfaces1,000 tonnes
191204Shredded or granulated rubber and end-of-life tyres onlyUse in equestrian exercise surfaces1,000 tonnes
191201Shredded paper and cardboardUse as animal bedding100 tonnes
030305, 030310, 030311Paper fibre, de-inked paper pulp and de-inked paper sludge from paper manufacturing onlyUse as animal bedding100 tonnes
030105, 191207Untreated wood (including shavings, woodchip and sawdust) and over-sized compost onlyUse as animal bedding100 tonnes
160103End-of-life tyresUse as a weight on cover sheeting on agricultural premises or use as crash barriers40 tonnes
150102Geotextile bags (flexible intermediate bulk containers) onlyUse as reinforcement in construction100 bags
020202Shellfish shells from which the soft tissue or flesh has been removed onlyUse for ornamental purposes50 tonnes
191205Crushed glass onlyUse for ornamental purposes50 tonnes
200127*, 200128, 080111*, 080112Paints (excluding specialist and industrial paints, wood preservatives, aerosol and spray paints, inks, adhesives and resins)Use as paint1,000 litres
190599Compost produced for the purposes of growing mushrooms onlyUse in growing mushrooms1,000 tonnes
170102, 170904Stones and bricks capable of being used in their existing state onlyUse in construction of buildings, fencing, barriers, containment or similar above ground construction100 tonnes
170201, 191207, 200138Non-hazardous wood including telegraph poles and railway sleepers and lock gates and associated balance beamsUse in construction of buildings, fencing, barriers, containment or similar above ground construction100 tonnes
110105*, 110107*Ferric chloride and aluminium hydroxide onlyUse in treating municipal waste water effluent50 cubic metres
110105*, 110107*Ferric chloride and aluminium hydroxide onlyUse in potable water treatment processes50 cubic metres
190902, 190903, 190906Sludges/solutions from the treatment of water onlyUse in treating municipal waste water effluent50 cubic metres
100201, 100202, 170504, 191209Blast furnace slag and stones onlyUse as filter media at waste water treatment works50,000 tonnes
170204*, 191206*, 200137*Hazardous wooden telegraph poles and railway sleepers and lock gates and associated balance beams onlyUse in construction of buildings, fencing, barriers, containment or similar above ground construction100 tonnes

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total amount of waste used or stored at any one time does not exceed the quantity limit specified in the fourth column,

(b)in relation to any relevant waste to which code 160103 applies (end-of-life tyres), within the quantity limit specified for that waste type, not more than 10 tonnes is stored together,

(c)the waste is not treated or required to be treated prior to use,

(d)in relation to any relevant waste to which code 110105* (ferric chloride), 110107* (aluminium hydroxide), 190902, 190903, 190906 (sludges/solutions from the treatment of water) applies, the waste is stored—

(i)with secondary containment, and

(ii)in a location with sealed drainage, and

(e)in relation to any relevant waste to which code 110105* (ferric chloride), 110107* (aluminium hydroxide) applies, within the quantity limit specified for that waste type, not more than 10 tonnes of waste may be used per day.

Use of waste to manufacture finished goods (U9)

9.—(1) The use of relevant waste to manufacture finished goods.

(2) The table specifying relevant waste for the purposes of this paragraph and the quantity limits referred to in sub-paragraph (3)(a) is set out below.

CodesWaste typesQuantity limit (at any one time)Additional specific conditions
100101, 100102Ash only500 tonnesA
101208Ceramics100 tonnesA
101112, 150107, 191205, 200102Glass5,000 tonnesA
100105Gypsum only500 tonnesA
200199Lion faeces only5 tonnesB
120101, 120103, 150104, 160117, 160118, 191001, 191002, 191202, 191203, 200140Metals500 tonnesA
150101, 191201, 200101Paper and cardboard15,000 tonnesC, D
070213, 120105, 150102, 191204, 200139Plastics500 tonnesE
191204Rubber only30 tonnesE, F
040221, 040222, 150109, 191208, 200110, 200111Textiles1,000 tonnesB
030105, 030301, 150103, 191207, 200138Wood, bark, cork, sawdust, shavings, cuttings, particle board100 tonnesB

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste used or stored at any one time does not exceed the quantity limit specified in the third column of the table in sub-paragraph (2),

(b)the waste is stored in a secure location at the place where the manufacturing is carried on,

(c)the operation does not involve any activity falling within a description in Part A(1) or Part A(2) of Part 2 of Schedule 1, and

(d)the operation complies with such of the following additional specific conditions as are specified in the fourth column of the table—

Athe waste is stored at a location with sealed drainage;
Bthe waste is stored indoors or in a secure container;
Cthe waste is stored in a baled form, in a container or indoors;
Dwithin the quantity limit specified in the third column of the table and notwithstanding additional specific condition C, up to 1,000 tonnes may be stored outdoors so long as it is stored in an enclosure designed and maintained to prevent the escape of litter;
Ethe waste is not subject to heat treatment;
Fthe total quantity of waste stored together does not exceed 10 tonnes.

(4) For the purposes of this paragraph, “finished goods” means goods that are ready for use by an end consumer without any further processing.

Spreading waste on agricultural land to confer benefit (U10)

10.—(1) The spreading of relevant waste on agricultural land to confer benefit to the land for the purposes of providing, maintaining or improving the soil’s ability to provide a growing medium by adding nutrients, lime or biomass.

(2) The table specifying relevant waste for the purposes of this paragraph and the quantity and storage limits referred to in sub-paragraph (3) is set out below.

CodesWaste typesQuantity limitStorage limit (at any one time)PeriodAdditional specific conditions
010102, 010408, 170504Chalk only50 tonnes per hectare200 tonnes12 monthsA
020101Sludges from washing and cleaning fruit and vegetables on farm only50 tonnes per hectare200 tonnes12 monthsA, F
020199, 020399Untreated wash waters from cleaning fruit and vegetables on farm only100 tonnes per hectare200 tonnes12 monthsA, F
020305Effluent from the on-site treatment of wash waters from cleaning fruit and vegetables on farm only100 tonnes per hectare200 tonnes12 monthsA, F
020401, 020399Soil from cleaning and washing fruit and vegetables only50 tonnes per hectare200 tonnes12 monthsA
020199Milk from agricultural premises only50 cubic metres of diluted milk per hectare200 tonnes24 hoursA, B, E
100101Ash from wood chip boilers produced pursuant to an operation described in paragraph U4 only1 tonne per hectare10 tonnes12 monthsA
170506Dredging spoil (other than those mentioned in 170505) generated from the creation or maintenance of habitats, ditches or ponds within parks, gardens, fields and forests only150 tonnes per hectare1,250 tonnes12 monthsC
020199Spent compost from the growing of mushrooms only50 tonnes per hectare500 tonnes12 monthsA
190599Compost produced pursuant to a treatment described in paragraph T23 or T26 only50 tonnes per hectare500 tonnes12 monthsA
190604Digestate produced pursuant to a treatment described in paragraph T24 or T25 only50 tonnes per hectare200 tonnes12 monthsA
190812Waste consisting of biobed or biofilter material produced pursuant to a treatment described in paragraph T32 only50 tonnes per hectare200 tonnes12 monthsA, D

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste spread does not exceed the limit specified in the third column of the table in sub-paragraph (2) over the period specified in the fifth column,

(b)the total quantity of waste stored at any one time does not exceed the limit specified in the fourth column of the table,

(c)subject to additional specific conditions D and E in paragraph (f), where they apply, no waste is stored for longer than 12 months prior to spreading,

(d)the waste is stored in a secure location prior to spreading,

(e)at the time the spreading begins—

(i)the land has not been frozen for 12 or more hours in the preceding 24 hours,

(ii)the land is not waterlogged, frozen or snow-covered, and

(f)the operation complies with such of the following additional specific conditions as are specified in the sixth column of the table—

A

the location of any waste which is stored or land which is spread is at

least 10 metres from a watercourse and 50 metres from a spring, well or bore-hole;

Bprior to spreading, the waste is diluted with not less than an equal quantity of water or slurry and the land is spread not more than once in any 4-week period;
Cthe waste is spread adjacent to the place from which it was dredged;
Dthe waste is stored for at least 12 months prior to spreading;
Ethe waste is not stored for longer than 24 hours prior to spreading;
Fthe waste is spread at the place where it is produced.
Spreading waste on non-agricultural land to confer benefit (U11)

11.—(1) The spreading of relevant waste on land that is not agricultural land for the purposes of providing, maintaining or improving the soil’s ability to provide a growing medium by adding nutrients, lime or bio-mass.

(2) The table specifying relevant waste for the purposes of this paragraph and the quantity and storage limits referred to in sub-paragraph (3) is set out below.

CodesWaste typesQuantity limit (over 12 months)Storage limit (at any one time)Additional specific conditions
010102, 010408, 170504Chalk only50 tonnes per hectare200 tonnesA
020202Shellfish shells from which the soft tissue or flesh has been removed only50 tonnes per hectare200 tonnesA
020399, 020401Soil from cleaning and washing fruit and vegetables only50 tonnes per hectare200 tonnesA
100101Ash from wood chip boilers produced pursuant to an operation de-scribed in paragraph U4 only1 tonne per hectare10 tonnesA
170506Dredging spoil (other than those mentioned in 170505) generated from the creation or maintenance of habitats, ditches or ponds within parks, gardens, fields and forests only150 tonnes per hectare1,250 tonnesB
020199Spent compost from the growing of mushrooms only50 tonnes per hectare500 tonnesA
190599Compost produced pursuant to a treatment de-scribed in paragraph T23 or T26 only50 tonnes per hectare500 tonnesA
190604Digestate produced pursuant to a treatment described in paragraph T24 or T25 only50 tonnes per hectare200 tonnesA
190812Waste consisting of biobed or biofilter material produced pursuant to a treatment described in paragraph T32 only50 tonnes per hectare200 tonnesA, C
200108Coffee grounds only50 tonnes per hectare200 tonnesA

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste spread does not exceed the limit specified in the third column of the table in sub-paragraph (2) over any 12-month period,

(b)the total quantity of waste stored at any one time does not exceed the limit specified in the fourth column of the table,

(c)subject to additional specific condition C in paragraph (f), where it applies, no waste is stored for longer than 12 months prior to spreading,

(d)the waste is stored in a secure location prior to spreading,

(e)at the time the spreading begins—

(i)the land has not been frozen for 12 or more hours in the preceding 24 hours;

(ii)the land is not waterlogged, frozen or snow-covered, and

(f)the operation complies with such of the following additional specific conditions as are specified in the fifth column of the table—

Athe location of any waste which is stored or land which is spread is at least 10 metres from a watercourse and 50 metres from a spring, well or borehole;
Bthe waste is spread adjacent to the place from which it was dredged;
Cthe waste is stored for at least 12 months prior to spreading.
Use of mulch (U12)

12.—(1) The use of relevant waste as a mulch.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste Types
020103, 191207, 200201Untreated wood and plant matter

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste used or stored over any period of 1 month does not exceed 100 tonnes, and

(b)the waste is stored in a secure location prior to use.

Spreading of plant matter to confer benefit (U13)

13.—(1) The spreading of relevant waste at the place of production to confer benefit.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste Types
020103, 020107, 020304, 200201Plant tissue only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste spread over any 12-month period does not exceed 50 tonnes per hectare,

(b)at the time the spreading begins—

(i)the land has not been frozen for 12 or more hours in the preceding 24 hours;

(ii)the land is not waterlogged, frozen or snow-covered, and

(c)except for waste which is spread on the banks of the waters from which it was produced, no waste is spread within 50 metres of any watercourse, spring, well or borehole.

Incorporation of ash into soil (U14)

14.—(1) The incorporation of ash which is relevant waste into soil resulting from a qualifying operation.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste Types
020103, 020107, 200201Ash from burning of plant tissue only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste incorporated into soil does not exceed 10 tonnes per hectare, and

(b)ashes of burnt cereal, straw or cereal stubble are not allowed, without reasonable excuse, proof of which lies on the establishment or undertaking carrying on the operation, to remain on the soil for longer than 24 hours after the commencement of the burning but must be incorporated into the soil—

(i)within that period, or

(ii)in a case where, having regard to wind conditions to do so would be likely to cause nuisance, as soon as conditions allow.

(4) For the purposes of this paragraph, a “qualifying operation” is one that—

(a)involves the burning of cereal straw or cereal stubble,

(b)falls within a description in paragraph D7, and

(c)complies with the specific conditions specified in that paragraph and the general conditions specified in Chapter 3.

Pig and poultry ash (U15)

15.—(1) The spreading of relevant waste on agricultural land at the place of production.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste Types
190112Ash from the incineration of pig and poultry carcasses only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste spread over any 12-month period does not exceed 150kg per hectare,

(b)the waste is mixed with an equal volume or more of manure or slurry prior to spreading,

(c)the waste is stored in a secure place prior to spreading,

(d)the location of the waste which is stored or land which is spread is at least—

(i)10 metres from a watercourse;

(ii)50 metres from a spring, well or borehole, and

(e)at the time of the spreading—

(i)the land has not been frozen for 12 or more hours in the preceding 24 hours;

(ii)the land is not waterlogged, frozen or snow-covered.

Use of depolluted end-of-life vehicles for vehicle parts (U16)

16.—(1) The use of relevant waste for vehicle parts.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste Types
160106End-of-life vehicles, containing neither liquids nor other hazardous components
160122Non-hazardous components from end-of-life vehicles only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)no more than two depolluted end-of-life vehicles are stored at any one time,

(b)in relation to relevant waste to which code 160122 (non-hazardous components from end-of-life vehicles) applies, the total quantity of waste stored at any one time does not exceed 5 cubic metres,

(c)the waste is stored in a secure place,

(d)the waste is stored on an impermeable surface, and

(e)the operation is for the purposes of re-using the waste.

(4) In this paragraph—

“depolluted” means that the vehicle has been subjected to all of the operations described in paragraph 3 of Annex 1 to the End-of-Life Vehicles Directive;

“end-of-life vehicle” has the meaning given in paragraph 2(2)(b) of Schedule 11.

CHAPTER 3Treatment of waste

SECTION 1Introductory

1.—(1) The descriptions in this Chapter—

(a)are set out in the first sub-paragraph of paragraphs T1 to T32, and

(b)include associated storage.

(2) The specific conditions for each description in this Chapter are set out in the third sub-paragraph of paragraphs T1 to T32.

(3) The general condition for the descriptions in this Chapter is that the operation is for the purposes of recovering the waste, unless otherwise stated in the specific conditions.

SECTION 2Descriptions and specific conditions
Cleaning, washing, spraying or coating relevant waste (T1)

1.—(1) The treatment of relevant waste by cleaning, washing, spraying or coating it, subject to sub-paragraph (4).

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
150105Composite packaging
160120, 150107, 170202, 191205, 200102Glass
150101Paper and cardboard packaging
020104, 070213, 150102, 160119, 170203, 200139Plastic
150109Textile packaging

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated over any 7-day period does not exceed 300 tonnes,

(b)subject to paragraph (e), the total quantity of waste stored at any one time does not exceed 300 tonnes,

(c)the waste is stored and treated in a location with sealed drainage,

(d)no waste is stored for longer than 3 months prior to treatment,

(e)where the waste consists of containers that have been used to contain a hazardous substance, the total quantity of waste stored does not exceed 1 tonne over any 7-day period, and

(f)the waste is not contaminated by more than 1% of its original volume prior to treatment.

(4) The description in sub-paragraph (1) does not include cleaning, washing, spraying or coating of any relevant waste if this falls within Part B of Section 6.4 of Part 2 of Schedule 1.

(5) In this paragraph, “hazardous substance” means a substance classified as hazardous as a consequence of fulfilling the criteria laid down in Parts 2 to 5 of Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures(71).

(6) References in this paragraph to quantity limits by weight include the weight of any contamination.

Recovery of textiles (T2)

2.—(1) The treatment of relevant waste by laundering or otherwise cleaning it.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
191208Textiles
200110Clothes
200111Textiles

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated or stored at any one time does not exceed 20,000 tonnes, and

(b)the waste is treated and stored at a location with sealed drainage.

Treatment of waste metals and metal alloys by heating for the purposes of removing grease etc. (T3)

3.—(1) The treatment of relevant waste for the purposes of removing grease, oil or any other non-metallic contaminant by heating it in an appliance where the requirements of sub-paragraph (4) are met using a process that is not an excluded process.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
160117Ferrous metal
160118Non-ferrous metal
191001Iron and steel waste
191002Non-ferrous waste
191202Ferrous metal
191203Non-ferrous metal
200140Metals

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste stored or treated at any one time does not exceed 10 tonnes, and

(b)the waste is stored in a secure location with sealed drainage.

(4) The requirements in this sub-paragraph are that—

(a)the appliance has a net rated thermal input of less than 0.2 megawatts, and

(b)where it is used together with other appliances (whether or not it is operated simultaneously with such other appliances), the aggregate net rated thermal input of all the appliances is less than 0.2 megawatts.

(5) The processes that are excluded processes for the purposes of sub-paragraph (1) are—

(a)the removal by heat of plastic or rubber covering from scrap cable or any asbestos contaminant,

(b)a process that is an activity listed in Section 2.1 (other than paragraph (d) of Part B) of Part 2 of Schedule 1 involving the heating of iron, steel or ferrous alloy, and

(c)a process that is an activity described in Part A(1) or A(2) of Section 2.2 of Chapter 2 of Part 2 of Schedule 1 involving the heating of any non-ferrous metal or non-ferrous metal alloy.

Preparatory treatments (baling, sorting, shredding etc.) (T4)

4.—(1) The treatment of relevant waste by baling, sorting, shredding, pulverising, densifying, crushing or compacting it.

(2) The table specifying relevant waste for the purposes of this paragraph and the quantity limits referred to in sub-paragraph (3) is set out below.

CodesWaste typesTreatment limit (over 7 days)Storage limit (at any one time)
150104, 200140Cans and foils only100 tonnes where treatment is carried on outdoors500 tonnes
500 tonnes where treatment is carried on indoors
070213, 150102, 150105Food and drink cartons only100 tonnes where treatment is carried on outdoors500 tonnes
3,000 tonnes where treatment is carried on indoors
150107, 160120, 170202, 191205, 200102Glass5,000 tonnes5,000 tonnes
030308, 030307, 150101, 191201, 200101Paper and cardboard (excluding food and drink cartons)500 tonnes where treatment is carried on outdoors15,000 tonnes
3,000 tonnes where treatment is carried on indoors
020104, 070213, 120105, 150102, 160119, 170203, 191204, 200139Plastic100 tonnes where treatment is carried on outdoors500 tonnes
3000 tonnes where treatment is carried on indoors
040222, 150109, 191208, 200110, 200111Textiles and clothes1,000 tonnes where treatment is carried on outdoors1,000 tonnes
3,000 tonnes where treatment is carried on indoors

(3) For the purposes of this paragraph, the specific conditions are that—

(a)subject to paragraph (d), the total quantity of waste treated over any 7-day period does not exceed the limit specified in the third column of the table in sub-paragraph (2),

(b)the total quantity of waste stored at any one time does not exceed the limit specified in the fourth column of the table,

(c)no waste is stored for longer than 12 months,

(d)where the treatment involves pulverising waste—

(i)the total quantity of waste treated over any 7-day period does not exceed 5 tonnes;

(ii)the treatment is carried on indoors,

(e)where the treatment involves densifying waste, the treatment does not involve the application of heat,

(f)the treatment and storage are carried on in a secure place,

(g)the waste arrives at the place where the operation is carried on unmixed with any other type of waste,

(h)the waste is treated and stored in an unmixed state, and

(i)in relation to relevant waste to which any one of codes 030308, 030307, 150101, 191201, 200101 (paper and cardboard) applies—

(i)the waste is stored in a baled form, in a container or indoors;

(ii)within the storage limit specified in the fourth column of the table, up to 1,000 tonnes may be stored outdoors so long as it is stored in an enclosure designed and maintained to prevent the escape of litter.

Screening and blending of waste (T5)

5.—(1) The treatment of relevant waste by screening and blending it for the purposes of producing an aggregate or soil and associated prior treatment.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
010408Waste gravel and crushed rocks other than those mentioned in 010407
010409Waste sand and clays
020202Shellfish shells from which the soft tissue or flesh has been removed only
030101Untreated waste bark and cork only
030301Untreated waste bark and wood
100101Bottom ash, slag and boiler dust (excluding boiler dust mentioned in 100104)
100115Bottom ash, slag and boiler dust from co-incineration other than those mentioned in 100114
170101Concrete
170102Bricks
170103Tiles and ceramics
170107Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 170106
170201Untreated wood only
170302Bituminous mixtures other than those mentioned in 170301
170504Soil and stones other than those mentioned in 170503
170506Dredging spoil other than those mentioned in 170505
170508Track ballast other than those mentioned in 170507
190599Compost produced pursuant to a treatment described in paragraphs T23 or T26 only
191205Glass
191209Aggregates only
191212Gypsum recovered from construction materials only
191302Solid wastes from soil remediation other than those mentioned in 191301
191304Sludges from soil remediation other than those mentioned in 191303
200202Soil and stones

(3) For the purposes of this paragraph, the specific conditions are that—

(a)in relation to any relevant waste to which code 170302 (bituminous mixtures other than those mentioned in 170301) applies where the treatment is for the purpose of manufacturing roadstone, the total quantity of waste treated or stored over any 3-year period does not exceed 50,000 tonnes,

(b)in relation to relevant waste not covered by paragraph (a), the total quantity of waste treated or stored over any 3-year period does not exceed 5,000 tonnes,

(c)no waste is stored for longer than 12 months, and

(d)the treatment is carried on at the place—

(i)of production, or

(ii)where the treated waste is to be used.

(4) In this paragraph, “associated prior treatment” means crushing relevant waste for the purposes of screening or blending it but does not include crushing of any relevant waste which falls within Part B of Section 3.5 of Part 2 of Schedule 1 or within paragraph T7.

Treatment of waste wood and waste plant matter by chipping, shredding, cutting or pulverising (T6)

6.—(1) The treatment of relevant waste by chipping, shredding, cutting or pulverising it.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
020103, 200201Plant tissue waste
030101,030301, 170201Wood
150103Wooden packaging only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated or stored over any 7-day period does not exceed 500 tonnes, and

(b)no waste is stored for longer than 3 months after treatment.

Treatment of waste bricks, tiles and concrete by crushing, grinding or reducing in size (T7)

7.—(1) The treatment of relevant waste by crushing, grinding or reducing it in size but not including any treatment activity covered by paragraph (c) in Part B of Section 3.5 of Part 2 of Schedule 1.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
170101Concrete
170102Bricks
170103Tiles and ceramics
170107Mixtures of concrete, bricks, tiles and ceramics (other than those mentioned in 170106*)

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated over any period of 1 hour does not exceed 20 tonnes,

(b)the total quantity of waste stored at any one time does not exceed 200 tonnes,

(c)the waste is stored in a secure place prior to treatment,

(d)the treatment is carried on—

(i)at the place of production, or

(ii)at the place where the treated waste is to be used, and

(e)the operation does not result in the release into the air of a substance listed in paragraph 6(3) of Part 1 of Schedule 1 except in a quantity which is so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant.

Mechanical treatment of end-of-life tyres (T8)

8.—(1) The treatment of end-of-life tyres, including such tyres in a shredded or granulated form that are relevant waste by a relevant treatment operation and associated prior treatment.

(2) The table specifying relevant waste and relevant treatment operations for the purposes of this paragraph is set out below.

CodesWaste typesRelevant treatment operation
160103End-of-life tyresGranulating, baling, peeling, shaving, shredding and re-treading of tyres
191204Shredded or granulated end-of-life tyres onlyGranulating

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste stored or treated over any 7-day period does not exceed—

(i)60 tonnes of truck tyres, or

(ii)40 tonnes of any other tyres,

(b)within the limits in paragraph (a), the total quantity stored together does not exceed 10 tonnes,

(c)in relation to any relevant treatment operation that is granulating, the treatment is carried on indoors, and

(d)in relation to any relevant treatment operation that is re-treading, the treatment is for the purposes of re-using the waste.

(4) In this paragraph, “associated prior treatment” means cleaning tyres and separating rims from them prior to treatment.

Recovery of scrap metal (T9)

9.—(1) The recovery of scrap metal consisting of relevant waste by—

(a)sorting, grading, shearing by manual feed, baling or crushing it, or

(b)cutting it with hand-held equipment.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
020110Waste metal
150104Metallic packaging
160117, 191202Ferrous metal
160118, 191203Non-ferrous metal
170401Copper, bronze, brass
170402Aluminium
170403Lead
170404Zinc
170405Iron and steel
170406Tin
170407Mixed metals
170411Cables other than those mentioned in 170410
200140Metals

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated or stored at any one time does not exceed 1,000 tonnes,

(b)within the limit in paragraph (a), the total quantity of any cables stored or treated does not exceed 50 tonnes,

(c)no waste is stored for longer than 24 months,

(d)the recovery is carried on at a location with sealed drainage, and

(e)the height of any pile or stack of waste does not exceed 5 metres.

Sorting mixed waste (T10)

10.—(1) The sorting of one type of relevant waste from one or more other types of relevant waste.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
150101, 200101Paper and cardboard
150102, 200139Plastics
150104, 200140Metals
150105Composite packaging
150106Mixed packaging
150107, 200102Glass
150109, 200110, 200111Textiles and clothing only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste stored at any one time does not exceed 10 tonnes,

(b)the total quantity of waste treated over any 7-day period does not exceed 10 tonnes, and

(c)the waste is stored in a secure place.

Repair or refurbishment of WEEE (T11)

11.—(1) The treatment of WEEE that is relevant waste by repairing, refurbishing or dismantling it.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
160211*WEEE containing CFCs, HCFCs and HFCs
160213*WEEE containing hazardous components other than those mentioned in 160209 to 160212
160214WEEE other than those mentioned in 160209 to 160213
160216Components removed from discarded equipment other than those mentioned in 160215
200123*WEEE containing CFCs
200135*WEEE other than those mentioned in 200121 and 200123 containing hazardous components
200136WEEE other than those mentioned in 200121, 200123, and 200135

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated or stored over any 12-month period does not exceed 1,000 tonnes,

(b)best available treatment, recovery and recycling techniques are used,

(c)the waste is stored in accordance with paragraph 1 of Annex VIII to the WEEE Directive,

(d)the waste is treated in accordance with paragraph 2 of Annex VIII to the WEEE Directive,

(e)the minimum recovery targets set out in Annex V to the WEEE Directive are met,

(f)the operation meets the technical requirements specified in Annex VIII to the WEEE Directive,

(g)in relation to any relevant waste falling within codes 160211* (WEEE containing CFCs, HCFCs and HFCs) or 200123* (WEEE containing CFCs), the waste is stored in such a manner so as to prevent the release of CFCs, HCFCs and HFCs,

(h)the waste is stored in such a manner that its environmentally sound re-use or recycling is not hindered,

(i)the operation is for the purposes of—

(i)re-using the WEEE for its original purpose,

(ii)re-using any dismantled components for their original purpose, or

(iii)dismantling the WEEE components for the purposes of recovery, and

(j)in relation to dismantling, any fluids are removed and further treatment carried out in accordance with Annex VII to the WEEE Directive.

(4) In this paragraph—

“best available treatment, recovery and recycling techniques” has the meaning given in the document published jointly by the Department for Environment, Food and Rural Affairs, the Welsh Assembly Government and the Scottish Executive on 27th November 2006, entitled “Guidance on Best Available Treatment, Recovery and Recycling Techniques (BATRRT) and Treatment of Waste Electrical and Electronic Equipment (WEEE)”(72);

“CFCs” means chlorofluorocarbons;

“HCFCs” means hydrochlorofluorocarbons;

“HFCs” means hydrofluorocarbons;

“treatment” does not include the degassing or capture of ozone depleting substances.

Manual treatment of waste (T12)

12.—(1) The manual treatment of relevant waste by a relevant treatment operation.

(2) The table below specifies—

(a)relevant waste for the purposes of this paragraph and relevant treatment operations,

(b)the quantity limits referred to in sub-paragraph (3)(a), and

(c)the additional specific conditions referred to in sub-paragraph (3)(c).

CodesWaste typesRelevant treatment operationQuantity limits (at any one time)Additional specific conditions
200199Bicycles onlySorting, repairing or refurbishing100 tonnesA
200110, 200111Clothing, fabrics, carpets onlySorting, repairing or refurbishing100 tonnesA
200138, 200139, 200140Coat hangers onlySorting and dismantling100 tonnesB
200140Domestic pots and pans onlySorting and dismantling100 tonnes
200199Footwear onlySorting, repairing or refurbishing100 tonnesA
200307Furniture onlySorting, repairing or refurbishing100 tonnesA
200138, 200139, 200140Garden tools onlySorting, repairing or refurbishing100 tonnesA
200138, 200139, 200140Lock gates onlySorting and dismantling100 tonnes
200307Mattresses onlySorting and dismantling5 tonnesB, C
170102, 170201, 170904, 200138Stone, bricks, wood onlySorting, repairing or refurbishing500 tonnesA
200137*, 200138, 200140Telegraph poles onlySorting and dismantling100 tonnesB
170201, 170202, 170203, 200102, 200138, 200139, 200140Windows, doors onlySorting, repairing or refurbishing100 tonnesA
170201, 170202, 170203, 200102, 200138, 200139, 200140Windows, doors onlySorting and dismantling10 tonnesB
150103Wooden pallets onlySorting, repairing or refurbishing100 tonnesA
150103Wooden pallets onlySorting and dismantling100 tonnesB

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated or stored at any one time does not exceed the limit specified in the fourth column of the table in sub-paragraph (2),

(b)subject to additional specific condition B in paragraph (c), where it applies, no waste is stored for longer than 2 years, and

(c)the operation complies with such of the following additional specific conditions as is specified in the fifth column of the table—

Athe operation is for the purposes of reusing the waste;
Bno waste is stored for longer than 12 months;
Ctreatment and storage are carried on indoors.
Treatment of waste food (T13)

13.—(1) The treatment of waste food that is relevant waste by decanting or unwrapping it, bulking it up and sorting it.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
020304, 020501, 020601, 020704Materials unsuitable for consumption or processing
200199Non liquid foods unsuitable for consumption or processing only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated or stored at any one time does not exceed 30 tonnes,

(b)the treatment and storage are carried on—

(i)indoors;

(ii)in a secure place,

(c)no waste is stored for longer than 7 days,

(d)in relation to relevant waste specified in the first row of the table in sub-paragraph (2), where that is milk only, the operation is carried on in a dairy which has sealed drainage, and

(e)any resultant waste packaging is bulked up for the purposes of recovery.

Crushing and emptying waste vehicle oil filters (T14)

14.—(1) The treatment of waste vehicle oil filters consisting of relevant waste by crushing and emptying them.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
160107*Oil filters

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste stored after treatment does not exceed 1 tonne of crushed and emptied oil filters at any one time,

(b)the treatment is carried on at the place of production,

(c)the equipment used to treat the waste is—

(i)designed for the purposes of crushing oil filters;

(ii)designed and maintained to ensure that oil does not escape during treatment, and

(d)the treatment takes place as soon as practicable after the oil filter is removed from a vehicle.

Treatment of waste aerosol cans (T15)

15.—(1) The treatment of empty used waste aerosol cans consisting of relevant waste by puncturing and crushing them.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
160504*Aerosol cans containing residues of or contaminated by hazardous substances only
160505Aerosol cans only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated or stored in any 12-month period does not exceed 3,000 cans,

(b)the waste is stored in a secure location in vented containers prior to treatment,

(c)the treatment and storage are carried on—

(i)at the place of production;

(ii)in a well-ventilated area, and

(d)the equipment used to treat the waste is designed for that purpose.

Treatment of waste toner cartridges and waste ink cartridges by sorting, dismantling, cleaning or refilling (T16)

16.—(1) The treatment of waste toner cartridges and waste ink cartridges consisting of relevant waste by sorting, dismantling, cleaning or refilling them.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
080313Waste ink other than that mentioned in 080312*
080318Waste printing toner other than those mentioned in 080317
150102Plastic packaging
160216Cartridges taken from discarded equipment other than those mentioned in 160215 only
200139Plastics

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated or stored at any one time does not exceed 150 tonnes, and

(b)the treatment is carried on—

(i)indoors;

(ii)at a location with sealed drainage.

Crushing waste fluorescent tubes (T17)

17.—(1) The crushing of relevant waste for the purposes of volume reduction prior to collection.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
200121*Fluorescent tubes only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the fluorescent tubes were used or intended to be used by the producer of the waste before becoming waste,

(b)the crushing is carried out by the producer of the waste at the place of production,

(c)the total quantity of waste crushed does not exceed 2 tonnes per year,

(d)the equipment used for crushing is owned by the producer,

(e)the mercury exposure limit is not exceeded,

(f)best available treatment, recovery and recycling techniques are used,

(g)the waste is stored in accordance with paragraph 1 of Annex VIII to the WEEE Directive, and

(h)the waste is crushed in accordance with paragraph 2 of Annex VIII to the WEEE Directive.

(4) In this paragraph—

“best available treatment, recovery and recycling techniques” has the meaning given in paragraph 11(4) of this Section;

“mercury exposure limit” means the workplace exposure limit for mercury set out in the document entitled “EH/40/2005 Workplace Exposure Limits” (second edition) issued by the Health and Safety Executive and published in 2011(73).

Dewatering using flocculants (T18)

18.—(1) The treatment of relevant waste by dewatering using flocculants.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
010409Clay effluent resulting from the manufacture of ceramics only
080120Water based paint wash waters only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste stored or treated at any one time does not exceed 30,000 litres, and

(b)the waste is stored in a container with secondary containment.

Physical and chemical treatment of waste edible oil and fat to produce biodiesel (T19)

19.—(1) The physical and chemical treatment of relevant waste for the purposes of producing biodiesel.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
200125Edible oil and fat

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste physically treated or stored at any one time does not exceed 5,000 litres,

(b)the total quantity of waste chemically treated at any one time does not exceed 250 litres,

(c)the waste is treated and stored in a container with secondary containment,

(d)no waste is stored for longer than 3 months, and

(e)the operation is for the purpose of reusing the waste.

Treatment of waste at a water treatment works (T20)

20.—(1) The treatment of relevant waste at a water treatment works.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
190902Sludges from water clarification
190903Sludges from decarbonation
190906Solutions and sludges from regeneration of ion exchangers
190999Waste water and bore hole flushings only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated at the works over any period of 12 months does not exceed 10,000 cubic metres, and

(b)the waste is treated and stored in a secure location with sealed drainage.

Recovery of waste at a waste water treatment works (T21)

21.—(1) The recovery of relevant waste at a waste water treatment works.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
190801Screenings
190802Sewage grit (waste from desanding) only
190805Sludges from treatment of urban waste water
190899Centrate liquor only
190902Sludges from water clarification
190903Sludges from decarbonation
190906Solutions and sludges from regeneration of ion exchangers
200304Septic tank sludge
200306Waste from sewage cleaning
200399Cesspool waste and other sewage sludge only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste brought to the works over any period of 12 months does not exceed 100,000 cubic metres, and

(b)the waste is treated and stored in a secure location with sealed drainage.

Recovery of central heating oil by filtration

22.—(1) The recovery of central heating oil by filtering relevant waste.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
130701*Central heating oil only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated over any 7-day period does not exceed 400 litres,

(b)the waste is stored with secondary containment,

(c)the treatment is carried on at a location with sealed drainage, and

(d)the operation is for the purpose of reusing the waste.

Aerobic composting and associated prior treatment (T23)

23.—(1) The treatment of relevant waste by aerobic composting and associated prior treatment.

(2) The tables specifying relevant waste for the purposes of this paragraph are set out below.

Table 1
CodesWaste types
170506Plant tissue waste from inland waters only
020103, 200201Plant tissue waste
020106Horse manure and farmyard manure only
020107Biodegradable waste from forestry only
020199Fully biodegradable animal bedding
200101Paper and cardboard
200201Biodegradable waste plant matter only
Table 2
CodesWaste types
020202Animal tissue waste
020501, 020601Materials unsuitable for consumption or processing
200108Biodegradable kitchen and canteen waste
200302Biodegradable waste from markets only

(3) For the purposes of this paragraph, the specific conditions are—

(a)the total quantity of waste treated or stored at any one time does not exceed 80 tonnes where—

(i)the operation is carried on at the place of production, and

(ii)the treated waste is being or is to be used at that place,

(b)the total quantity of waste treated or stored at any one time does not exceed 60 tonnes where—

(i)the waste is produced at a place other than where the operation is carried on, or

(ii)the treated waste is not to be used at the place where the operation is carried on,

(c)within the quantity limits in paragraphs (a) and (b), the waste does not consist at any one time of more than the following quantities—

(i)10 tonnes of paper or cardboard;

(ii)20 tonnes of manure;

(iii)10 tonnes of any relevant waste listed in Table 2,

(d)in relation to relevant waste listed in Table 1, no waste is stored for longer than 1 month prior to treatment,

(e)in relation to relevant waste listed in Table 2, no waste is stored for longer than 7 days prior to treatment,

(f)no waste is stored for a period of longer than 12 months after treatment, and

(g)the treatment results in a stable sanitised material that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land.

(4) In this paragraph—

“aerobic composting” means the autothermic and thermophilic biological decomposition and stabilisation of biodegradable waste under controlled conditions that are aerobic;

“associated prior treatment” means screening, chipping, shredding, cutting, pulverising or sorting waste for the purposes of aerobic composting.

Anaerobic digestion at premises used for agriculture and burning of resultant biogas (T24)

24.—(1) The treatment by anaerobic digestion of relevant waste at premises used for agriculture and associated prior treatment and the burning of any resultant biogas.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
020103, 020107, 170506, 200201Plant tissue waste
020106Horse and farmyard manure, slurry only
020199Fully biodegradable animal bedding

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated or stored at any one time does not exceed 1,250 cubic metres,

(b)the minimum retention time for the waste in the digester is 28 days, and

(c)any gas resulting from the operation is collected and then burnt in an appliance—

(i)where the requirements of sub-paragraph (5) are met, and

(ii)the appliance is for the purposes of producing energy.

(4) In this paragraph, “associated prior treatment” means screening, chipping, shredding, cutting, pulverising or sorting waste for the purposes of anaerobic digestion.

(5) The requirements in this sub-paragraph are that—

(a)the appliance has a net rated thermal input of less than 0.4 megawatts, and

(b)where it is used together with other appliances (whether or not it is operated simultaneously with such other appliances), the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.

Anaerobic digestion at premises not used for agriculture and burning of resultant biogas (T25)

25.—(1) The treatment by anaerobic digestion of relevant waste at premises not used for agriculture and associated prior treatment and the burning of any resultant biogas.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
020103, 020107, 170506, 200201Plant tissue waste
020106Horse and farmyard manure only
020199Fully biodegradable animal bedding
200101Paper and cardboard
200108Biodegradable kitchen and canteen waste
020202Animal tissue waste
020501, 020601Materials unsuitable for consumption or processing
200302Biodegradable waste from markets only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated or stored at any one time does not exceed 50 cubic metres,

(b)the minimum retention time for the waste in the digester is 28 days, and

(c)any gas resulting from the operation is collected and then burnt in an appliance—

(i)where the requirements of sub-paragraph (5) are met, and

(ii)the appliance is for the purposes of producing energy.

(4) In this paragraph, “associated prior treatment” means screening, chipping, shredding, cutting, pulverising or sorting waste for the purposes of anaerobic digestion.

(5) The requirements in this sub-paragraph are that—

(a)the appliance has a net rated thermal input of less than 0.4 megawatts, and

(b)where it is used together with other appliances (whether or not it is operated simultaneously with such other appliances), the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.

Treatment of kitchen waste in a wormery (T26)

26.—(1) The treatment in a wormery of relevant waste originating from a kitchen.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
200101Paper and cardboard
200108Biodegradable kitchen and canteen waste

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated over any 12-month period does not exceed 6 tonnes, and

(b)the treatment results in a stable sanitised vermicompost that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land.

Treatment of sheep dip using organophosphate-degrading enzyme (T27)

27.—(1) The treatment of used organophosphate sheep dip consisting of relevant waste for the purposes of its disposal.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
020109Organophosphate sheep dip only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)total quantity of waste treated or stored over any 24-hour period does not exceed 8,000 litres,

(b)the waste is treated using organophosphate-degrading enzyme in accordance with the enzyme manufacturer’s instructions,

(c)the treatment and storage are carried on at the place of production, and

(d)the treatment is carried on in a secure container located within a drain pen or in a secure sheep dip bath.

(4) In this paragraph, “drain pen” means an impermeable area draining back to the sheep dip bath where newly-dipped sheep are held while they continue to drip.

Sorting and de-naturing of controlled drugs for disposal (T28)

28.—(1) The treatment of controlled drugs consisting of relevant waste by sorting and de-naturing them prior to their disposal.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
180109Medicines from natal care, diagnosis, treatment or prevention of disease in humans
180208Medicines from research, diagnosis, treatment or prevention of disease involving animals
200132Medicines separately collected as municipal waste

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated or stored at any one time does not exceed 1 cubic metre,

(b)the treatment and storage are carried on at the place of production, and

(c)no waste is stored for longer than 6 months.

(4) In this paragraph, “controlled drug” means a controlled drug specified in Schedules 1 to 5 to the Misuse of Drugs Regulations 2001(74).

Treatment of non-hazardous pesticide washings by carbon filtration for disposal (T29)

29.—(1) The treatment of non-hazardous pesticide washings that are relevant waste by carbon filtration for the purposes of disposal.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
020109, 160509Non-hazardous pesticide washings only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated or stored over any 24-hour period does not exceed 8,000 litres,

(b)the treatment and storage are carried on at the place of production, and

(c)the treatment is carried on in a location with sealed drainage.

Recovery of silver (T30)

30.—(1) The recovery of silver from relevant waste produced in connection with printing or photographic processes.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
090106*Wastes containing silver from on-site treatment of photographic wastes
090107Photographic film or paper containing silver or silver compounds

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste stored or treated at any one time does not exceed 1,000 litres, and

(b)the treatment and storage are carried on in a location with sealed drainage.

Recovery of monopropylene glycol from aircraft antifreeze fluids (T31)

31.—(1) The recovery of monopropylene glycol by filtering and distilling relevant waste collected following de-icing of aircraft.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
160115Antifreeze fluids other than those mentioned in 160114

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated or stored over any 7-day period does not exceed 250 cubic metres,

(b)the waste is treated in a location with sealed drainage,

(c)the operation is carried on at the place where the waste is produced, and

(d)the waste is stored with secondary containment.

Treatment of waste in a biobed or biofilter (T32)

32.—(1) The treatment of relevant waste in a lined biobed or above ground biofilter.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
020109, 160509Non-hazardous pesticide washings only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste treated or stored over any 12-month period does not exceed 15,000 litres,

(b)the biobed or biofilter is located at a secure place that is—

(i)at least 10 metres from a watercourse;

(ii)at least 50 metres from a spring or well or from any borehole not used to supply water for domestic or food production purposes;

(iii)at least 250 metres from any borehole used to supply water for domestic or food production purposes;

(iv)not within a zone defined by a 50-day travel time for groundwater to reach a groundwater abstraction that is used to supply water for domestic or food production purposes,

(c)the biobed or biofilter—

(i)is designed and maintained for the treatment operation;

(ii)has an impermeable lining, and

(d)the treatment is carried on at the place of production.

CHAPTER 4Disposal of waste

SECTION 1Introductory

1.—(1) The descriptions in this Chapter—

(a)are set out in the first sub-paragraph of paragraphs D1 to D8, and

(b)include associated storage.

(2) The specific conditions for each description in this Chapter are set out in the third sub-paragraph of paragraphs D1 to D8.

(3) The general condition for all descriptions in this Chapter is that the operation is carried on at the place of production.

SECTION 2Descriptions and specific conditions
Deposit of waste from dredging of inland waters (D1)

1.—(1) The deposit of relevant waste arising from the dredging of inland waters and associated screening and dewatering.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
170506Dredging spoil other than those mentioned in 170505

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste deposited or treated over any 12-month period does not exceed 50 cubic metres for each metre of land on which the waste is deposited, and

(b)the waste is deposited at the closest possible point to where the waste was produced on—

(i)the bank of the inland waters from which the waste was produced, or

(ii)such width of land adjoining the inland waters so as to enable the waste to be removed and deposited by mechanical means in one operation.

Deposit of waste from a railway sanitary convenience (D2)

2.—(1) The deposit of relevant waste on to a railway track.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
200399Wastes from railway sanitary conveniences only

(3) For the purposes of this paragraph, the specific condition is that the total quantity of waste deposited per discharge does not exceed 25 litres.

(4) In this paragraph, “railway sanitary convenience” means a sanitary convenience or sink forming part of a vehicle used for the carriage of passengers on a railway.

Deposit of waste from a portable sanitary convenience (D3)

3.—(1) The deposit of relevant waste by burying it.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
200399Waste from portable sanitary conveniences only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste deposited over any 12-month period does not exceed 1 cubic metre, and

(b)no waste is deposited within—

(i)10 metres of any watercourse,

(ii)50 metres of any spring, well or borehole.

Deposit of agricultural waste consisting of plant tissue under a Plant Health notice (D4)

4.—(1) The deposit of agricultural waste that is relevant waste.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
020103Plant tissue waste

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the deposit is required under a Plant Health notice,

(b)where waste is deposited into a pile, the pile—

(i)does not exceed 250 tonnes, and

(ii)is not immediately adjacent to another pile of the same type of waste,

(c)at the time the deposit is made—

(i)the land has not been frozen for 12 or more hours in the preceding 24 hours;

(ii)the land is not waterlogged, frozen or snow-covered, and

(d)no waste is deposited within—

(i)10 metres of any watercourse;

(ii)50 metres of any spring, well or borehole.

Depositing samples of waste for the purposes of testing or analysing them (D5)

5.—(1) The deposit and subsequent storage of relevant samples of waste at any place where the samples are being or are to be tested or analysed.

(2) For the purposes of sub-paragraph (1), “relevant samples of waste” means samples of waste that are taken—

(a)in the exercise of any power under—

(i)the Control of Pollution Act 1974(75);

(ii)section 5 of the Control of Pollution (Amendment) Act 1989(76);

(iii)the 1990 Act;

(iv)the 1991 Act;

(v)the Water Industry Act 1991(77);

(vi)the Waste Electrical and Electronic Equipment Regulations 2013(78);

(vii)the Producer Responsibility Obligations (Packaging Waste) Regulations 2007(79);

(viii)regulation 88 of the Waste Batteries and Accumulators Regulations 2009(80),

(b)by or on behalf of the holder of an environmental permit,

(c)by or on behalf of a person carrying on in relation to the waste—

(i)an operation described in this Part, or

(ii)an excluded waste operation,

(d)by or on behalf of the owner or occupier of the land from which the samples are taken,

(e)by or on behalf of any person to whom section 34(1) or (1A) of the 1990 Act(81) applies in connection with that person’s duties under that section,

(f)by or on behalf of any person to whom the Transfrontier Shipment of Waste Regulations 2007(82) apply in connection with that person’s powers under those Regulations, or

(g)for the purposes of research.

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste deposited or stored at any one time does not exceed 10 tonnes, and

(b)the waste is not stored for longer than 12 months or such other period as may be ordered in court proceedings.

Disposal by incineration (D6)

6.—(1) The disposal by incineration of the waste described in sub-paragraph (2) in a small waste incineration plant where the requirements in sub-paragraph (4) are met.

(2) The waste described in this paragraph is the waste mentioned in Article 42(2)(a)(i) and (iii) of the Industrial Emissions Directive.

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste stored prior to incineration does not exceed 5 tonnes at any one time, and

(b)the operation is carried on by the person who produced the waste.

(4) The requirements in this sub-paragraph are—

(a)the small waste incineration plant has a capacity of less than 50kg per hour and a net rated thermal input of less than 0.4 megawatts, and

(b)where it is used together with other small waste incineration plants (whether or not it is operated simultaneously with such other small waste incineration plants), the aggregate net rated thermal input of all the small waste incineration plants is less than 0.4 megawatts.

Burning waste in the open (D7)

7.—(1) The burning of relevant waste on open land.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
020103, 020107, 200201Plant tissue
030105Sawdust, shavings and cuttings from untreated wood only
030301Waste bark and wood

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste burned over any period of 24 hours does not exceed 10 tonnes,

(b)the total quantity of waste stored at any one time does not exceed 20 tonnes, and

(c)no waste is stored for longer than 6 months.

Burning waste at a port under a Plant Health notice (D8)

8.—(1) The burning of relevant waste at a port.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
020103, 020107, 020304, 200201Plant tissue only
150103, 200138Wood used to wedge or support parts of cargo, including packing material, spacers and pallets only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste burned or stored over any period of 24 hours does not exceed 10 tonnes,

(b)the burning and storage of waste takes place in a secure place at the port where the waste was unloaded, and

(c)the burning is required under a Plant Health notice.

(4) In this paragraph, “port” means a port appointed by order made under section 19 of the Customs and Excise Management Act 1979(83).

CHAPTER 5Storage of waste other than at the place of production pending its recovery or re-use

SECTION 1Introductory

1.—(1) The descriptions in this Chapter are set out in the first sub-paragraph of paragraphs S1 to S3.

(2) The specific conditions for each of the descriptions in this Chapter are set out in the third sub-paragraph of paragraphs S1 to S3.

(3) The general conditions for all descriptions in this Chapter are that the storage is carried on—

(a)at a place other than the place of production, and

(b)pending the recovery of the waste.

SECTION 2Storage of waste
Storage of waste in secure containers (S1)

1.—(1) The storage of relevant waste at a place in a secure container or containers for the purposes of its recovery elsewhere.

(2) The table specifying relevant waste for the purposes of this paragraph and the storage limits referred to in sub-paragraph (3) is set out below.

CodesWaste typesStorage limit (at any one time)
130109* to 130113*Waste oils3 cubic metres
130204* to 130208*
130401* to 130403*
130701*
150101, 200101Cartons400 cubic metres
150102, 200139Plastics and plastic packaging400 cubic metres
150104, 200140Cans and foil only400 cubic metres
150101, 200101Paper and cardboard400 cubic metres
150107, 200102Glass400 cubic metres
150109, 200110, 200111Textiles and clothes400 cubic metres
150202*Absorbents, filter materials (including oil filters not otherwise specified) wiping cloths, protective clothing contaminated by hazardous substances3 cubic metres
150203Absorbents, filter materials, wiping cloths and protective clothing other than those mentioned in 1502023 cubic metres
160107*Oil filters3 cubic metres

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste stored at any one time does not exceed the limit specified in the third column in the table in sub-paragraph (2),

(b)the total quantity of storage containers at the storage place at any one time does not exceed 20,

(c)no waste is stored for longer than 12 months,

(d)the person storing the waste is the owner of the container or containers or has the consent of the owner,

(e)in respect of any waste oils and waste to which code 160107* (oil filters) applies, the waste is stored with secondary containment, and

(f)each waste type is stored separately.

Storage of waste in a secure place (S2)

2.—(1) The storage of relevant waste in a secure place for the purposes of its recovery elsewhere.

(2) The table specifying relevant waste for the purposes of this paragraph and the quantity limits referred to in sub-paragraph (3) is set out below.

CodesWaste typesStorage limit (at any one time)PeriodAdditional specific conditions
161002Aqueous paint related waste only1,000 litres6 monthsA, C
160601*, 160602*, 160603*, 160604, 160605, 200133*, 200134Batteries10 tonnes6 monthsA, B
150104, 200140Cans and foil only500 tonnes12 months
140601*CFCs, HCFCs and HFCs18 tonnes6 monthsA, C
170101, 170102, 170103, 170107, 170202, 170203, 170401 to 170407, 170504, 170604, 170802Construction and demolition waste capable of being used in its existing state (non-hazardous) only100 tonnes12 months
200125Edible oil and fat only5,000 tonnes12 monthsA, C
100207*Electric arc furnace dust only2,500 tonnes3 monthsD, E, F
020104Farm plastics (non-packaging) only500 tonnes12 monthsD
070213, 150101, 150102, 150105, 200139Food and drink cartons only500 tonnes12 months
101112, 150107, 160120, 170202, 191205, 200102Glass5,000 tonnes12 monthsB
020102Mammalian protein only60,000 tonnes12 monthsD
020202Mammalian tallow only45,000 tonnes12 monthsD
200307Mattresses only5 tonnes3 monthsD
010408, 191209Marble chips only5,000 tonnes12 months
020304Olive pulp/pellet only5,000 tonnes3 monthsB, C, E
200127*, 200128, 080111*, 080112Paints (excluding specialist and industrial paints, wood preservatives, aerosol and spray paints, inks, adhesives and resins) pending re-use as paints only10,000 litres6 monthsA, C
150101, 191201, 200101, 030308, 030307Paper and cardboard (excluding food and drink cartons) only15,000 tonnes12 monthsJ, K
090107, 090108Photographic films and papers50 tonnes12 monthsJ
070213, 120105, 150102, 160119, 191204, 200139Plastic500 tonnes12 months
100101Poultry litter ash only3,000 tonnes12 monthsD, E
080318, 150102, 160216, 200139Printer cartridges only5,000 units6 monthsD
170301*, 170302, 170504Road planings, waste road chippings, road sub-base only500 tonnes12 months
020110, 160117, 160118, 191203, 170401, 170402, 170403, 170404, 170405, 170406, 170407, 191202, 170411Scrap metal15,000 tonnes6 monthsB, E
090110, 090111*, 090112Single use cameras400 cubic metres6 months
020401, 020399Soils from cleaning fruit and vegetables only100 tonnes6 months
100316, 100405*, 100504, 100511, 100604, 100811, 100899Solder metal, skimmings, ashes and residues100 tonnes3 monthsG
140602*, 140603*, 200113*Solvents and solvent mixtures5 cubic metres6 monthsA, C
100101, 100102, 100105, 100115Synthetic gypsum and pulverised fuel ash only2,500 tonnes3 monthsD, E, F
040222, 150109, 191208, 200110, 200111Textiles and clothes1,000 tonnes12 months
160103, 191204Tyres, tyre chip and crumb40 tonnes3 monthsH
110113*, 120301*, 160708*Waste cleaning solution containing 2% sodium metasilicate and 1-2% waste oil only3 tonnes3 monthsA, C
160211*,160213*, 160214, 160216, 200121*, 200123*, 200135*, 200136WEEE400 cubic metres6 monthsI
030301, 150102, 150103, 200138Wine bottle corks only500 tonnes12 months
030105, 170201, 170204*,191206*, 191207, 200137*, 200138Wood including telegraph poles and railway sleepers (hazardous and non-hazardous)100 tonnes12 months030105, 170201, 170204*, 191206*, 191207, 200137*, 200138

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste stored at any one time does not exceed the limit specified in the third column of the table in sub-paragraph (2),

(b)no waste is stored for longer than the period specified in the fourth column of the table,

(c)each type of waste is stored separately, and

(d)the operation complies with such of the following additional conditions as are specified in the fifth column of the table—

Athe waste is stored in a container;
Bthe storage place has sealed drainage;
Cthe waste is stored with secondary containment;
Dthe waste is stored indoors;
Ethe waste is stored at a dock prior to being exported or after being imported;
Fthe waste must arrive at the storage place in bags and must be stored there in bags or in drums;
Gthe waste is stored in bags or in drums;
Hthe total quantity of waste stored together does not exceed 10 tonnes;
Ithe waste is stored in accordance with the requirements in paragraph 1 of Annex VIII to the WEEE Directive;
Jthe waste is stored in a baled form, in a container or indoors;
Kwithin the quantity limit specified in the third column of the table and notwithstanding additional specific condition J, up to 1,000 tonnes may be stored outdoors so long as it is stored in an enclosure designed and maintained to prevent the escape of litter.
Storage of sludge (S3)

3.—(1) The storage of relevant waste.

(2) The table specifying relevant waste for the purposes of this paragraph is set out below.

CodesWaste types
190805Residual sludge from sewage plants treating domestic or urban waste waters and from other sewage plants treating waste waters of a composition similar to domestic and urban waste waters only
200304Residual sludge from septic tanks and other similar installations for the treatment of sewage only

(3) For the purposes of this paragraph, the specific conditions are that—

(a)the total quantity of waste stored at any one time does not exceed 1,250 tonnes,

(b)no waste is stored for longer than 12 months,

(c)the waste is stored in a secure location at the place where it is to be used,

(d)the waste is stored at least—

(i)10 metres from any watercourse;

(ii)50 metres from any spring or well, or from any borehole not used to supply water for domestic or food production purposes;

(iii)250 metres from any borehole used to supply water for domestic or food production purposes,

(e)no waste is stored—

(i)within a zone defined by a 50-day travel time for groundwater to reach a groundwater abstraction that is used to supply water for domestic or food production purposes;

(ii)within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon, and

(f)after storage, the waste is to be used in accordance with the Sludge (Use in Agriculture) Regulations 1989(84).

PART 2Exempt water discharge activities: descriptions and conditions

Vegetation management activities

1.—(1) For the purpose of paragraphs 5(a)(i) and 6(a)(i) of Schedule 2, the description is cutting or uprooting a substantial amount of vegetation in any inland freshwaters or so near to any such waters that it falls into them, where it is not reasonable to take steps to remove the vegetation from those waters.

(2) For the purpose of paragraphs 5(a)(ii) and 6(a)(ii) of that Schedule, the conditions in relation to a water discharge activity described in sub-paragraph (1) are that—

(a)prior notice of the dates of the water discharge activity is given to persons likely to be affected by such an activity, including—

(i)the owner of any structure within or on the watercourse,

(ii)the owner of any designated site within or on the watercourse,

(iii)fisheries interests,

(iv)boating interests,

(v)the appropriate agency,

(vi)the local authority,

(vii)the internal drainage board (which has the same meaning as in the Land Drainage Act 1991(85)), and

(b)the activity is not carried on if there is insufficient flow to convey the vegetation.

(3) In sub-paragraph (2)(a)(ii), “designated site” means—

(a)a European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2010(86)),

(b)a Ramsar site (which has the same meaning as in section 37A of the Wildlife and Countryside Act 1981(87)),

(c)a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981(88)), or

(d)a nature reserve established by a local authority under section 21 of the National Parks and Access to the Countryside Act 1949(89).

Small discharges of sewage effluent: Wales

2.—(1) For the purpose of paragraph 5(a)(i) of Schedule 2, the description is the discharge from a sewage treatment plant of 5 cubic metres per day or less of sewage effluent into inland freshwaters, coastal waters or relevant territorial waters.

(2) For the purpose of paragraph 5(a)(ii) of that Schedule, the conditions in relation to a water discharge activity described in sub-paragraph (1) are—

(a)in the case of a discharge which takes place for the first time on or after the date on which these Regulations come into force, that all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in the document entitled “Guidance for the registration of small sewage effluent discharges”, issued by the NRBW and dated July 2011 and updated in September 2016(90), in relation to—

(i)design and manufacturing standards,

(ii)construction, installation and operation specifications,

(iii)siting and installation, and

(iv)the capacity of the works and equipment;

(b)that the discharge cannot reasonably, at the time it is first made, be made to the foul sewer;

(c)that the discharge does not contain trade effluent;

(d)that all works and equipment used for the treatment of sewage effluent and its discharge are maintained in accordance with the manufacturer’s specification;

(e)that records of maintenance work are kept by the person who is the occupier of the land on which the discharge is made (“the occupier”) for at least 5 years after the work is carried out;

(f)that the occupier must notify the exemption registration authority if an exempt water discharge activity ceases to be in operation;

(g)that the occupier must ensure that all works and equipment used for the treatment of sewage effluent and its discharge are appropriately decommissioned when the exempt facility ceases to be in operation so that there is no risk of pollutants entering inland freshwaters or coastal waters;

(h)that, before an occupier ceases to be in occupation of land on which an exempt water discharge activity is carried on, the occupier must give to the person who will next be in occupation of the land a written notice—

(i)stating that an exempt water discharge activity is being carried on on the land,

(ii)containing a description of the exempt facility,

(iii)stating the conditions that must be satisfied in relation to the exempt facility, and

(iv)accompanied by any records of maintenance mentioned in paragraph (e).

Small discharges of sewage effluent: England

3.—(1) For the purpose of paragraph 6(a)(i) of Schedule 2, the description is the discharge from a sewage treatment plant of 5 cubic metres per day or less of sewage effluent into inland freshwaters, coastal waters or relevant territorial waters.

(2) For the purpose of paragraph 6(a)(ii) of that Schedule, the conditions in relation to a water discharge activity described in sub-paragraph (1) are that an operator of the sewage treatment plant ensures that—

(a)all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in the document entitled “General binding rules for small sewage discharges (SSDs) with effect from January 2015” issued by the Agency and the Department for Environment, Food and Rural Affairs and published on 27th October 2014 and updated on 21st January 2015(91) in relation to—

(i)design and manufacturing standards,

(ii)construction, installation and operation specifications,

(iii)siting and installation, and

(iv)the capacity of the works and equipment;

(b)in the case of a discharge which takes place for the first time on or after 1st January 2015, the discharge could not reasonably be made to the foul sewer;

(c)the discharge does not contain trade effluent;

(d)all works and equipment used for the treatment of sewage effluent and its discharge are maintained in accordance with the manufacturer’s specification;

(e)all works and equipment used for the treatment of sewage effluent and its discharge are appropriately decommissioned when the exempt facility ceases to be in operation so that there is no risk of polluting matter entering inland freshwaters or coastal waters;

(f)before the land or part of the land on which the sewage treatment plant is situated or being used is sold, an owner of the land or part of the land gives to the purchaser a written notice—

(i)stating that an exempt water discharge activity is being carried on on the land, and

(ii)containing a description of the exempt facility.

(3) For the purposes of this paragraph, an operator is a person who has control over the operation of the sewage treatment plant by reason of—

(a)being an owner of the land on which the sewage treatment plant is situated or being used, or

(b)having entered into a written agreement with the owner of the land on which the sewage treatment plant is situated or being used to be responsible for the maintenance of the sewage treatment plant.

PART 3Exempt groundwater activities: descriptions and conditions

Interpretation of Part 3

1.  In this Part—

“groundwater tracer test” means a study of—

(a)

the behaviour or movement of water, or

(b)

a contaminant below ground,

which involves the addition to groundwater of a distinguishable material which has nearly identical properties to the contaminant or water being studied;

“small quantity of substance” is to be construed in accordance with the final paragraph of Article 11(3)(j) of the Water Framework Directive;

“specified groundwater remediation scheme” means a remediation scheme which involves the addition of a substance or preparation to groundwater which enhances the rate of remediation of groundwater contaminants;

“water features” includes boreholes, wells, adits, springs, seepage and wetland areas, ponds, lakes and watercourses;

“water features survey” means a survey of all water features within 1 kilometre of the proposed activity that may be affected by it.

Discharge of small quantities of substances for scientific purposes

2.—(1) For the purpose of paragraphs 7(a)(i) and 8(a)(i) of Schedule 2, the description is the discharge of small quantities of substances for scientific purposes as part of—

(a)a specified groundwater remediation scheme, or

(b)a groundwater tracer test.

(2) For the purpose of paragraphs 7(a)(ii) and 8(a)(ii) of that Schedule, the conditions in relation to a groundwater activity of that description are—

(a)that a water features survey has demonstrated that the discharge will not cause pollution;

(b)that the prior consent of every person having a right to abstract water in the vicinity of the discharge has been obtained;

(c)that the exemption registration authority is notified before the commencement of the discharge;

(d)that in the case of discharges as part of a specified groundwater remediation scheme, monitoring of the discharge, to determine whether pollution has been caused, is undertaken.

Small discharges of sewage effluent: Wales

3.—(1) For the purpose of paragraph 7(a)(i) of Schedule 2, the description is a discharge from a septic tank or sewage treatment plant of 2 cubic metres per day or less of sewage effluent that results in the input of pollutants to groundwater.

(2) For the purpose of paragraph 7(a)(ii) of that Schedule, the conditions in relation to a groundwater activity of that description are—

(a)in the case of a discharge which takes place for the first time on or after the date on which these Regulations come into force, that all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in the document entitled “Guidance for the registration of small sewage effluent discharges”, issued by the NRBW and dated July 2011 and updated in September 2016, in relation to—

(i)design and manufacturing standards,

(ii)construction, installation and operation specifications,

(iii)siting and installation of infiltration systems, and

(iv)the capacity of the works and equipment;

(b)that the discharge cannot reasonably, at the time it is first made, be made to the foul sewer;

(c)that the discharge does not contain trade effluent;

(d)that the discharge does not result in an input of pollutants to groundwater—

(i)within 50 metres of a point at which water is abstracted from underground strata, or

(ii)within a zone defined by a 50-day travel time for groundwater to reach a groundwater abstraction point that is used to supply water for domestic or food production purposes;

(e)that all works and equipment used for the treatment of sewage effluent and its discharge are maintained in accordance with the manufacturer’s specification;

(f)that records of maintenance work are kept by the person who is the occupier of the land on which the discharge is made (“the occupier”) for at least 5 years after the work is carried out;

(g)that the occupier must notify the exemption registration authority if an exempt groundwater activity ceases to be in operation;

(h)that the occupier must ensure that all works and equipment for the treatment of sewage effluent and its discharge are appropriately decommissioned when the exempt facility ceases to be in operation so that there is no risk of pollutants entering groundwater;

(i)that before an occupier ceases to be in occupation of land on which an exempt groundwater activity is carried on, the occupier must give to the person who will next be in occupation of the land a written notice—

(i)stating that an exempt groundwater activity is being carried on on the land,

(ii)containing a description of the exempt facility,

(iii)stating the conditions that must be satisfied in relation to the exempt facility, and

(iv)accompanied by any records of maintenance mentioned in paragraph (f).

Small discharges of sewage effluent: England

4.—(1) For the purpose of paragraph 8(a)(i) of Schedule 2, the description is a discharge from a septic tank or sewage treatment plant of 2 cubic metres per day or less of sewage effluent that results in the input of pollutants to groundwater.

(2) For the purpose of paragraph 8(a)(ii) of that Schedule, the conditions in relation to a groundwater activity of that description are that an operator of the septic tank or sewage treatment plant ensures that—

(a)all works and equipment used for the treatment of sewage effluent and its discharge comply with the requirements specified in the document entitled “General binding rules for small sewage discharges (SSDs) with effect from January 2015” issued by the Agency and the Department for Environment, Food and Rural Affairs and published on 27th October 2014 and updated on 21st January 2015 in relation to—

(i)design and manufacturing standards,

(ii)construction, installation and operation specifications,

(iii)siting and installation of infiltration systems, and

(iv)the capacity of the works and equipment;

(b)in the case of a discharge which takes place for the first time on or after 1st January 2015, the discharge could not reasonably be made to the foul sewer;

(c)the discharge does not contain trade effluent;

(d)the discharge does not result in an input of pollutants to groundwater—

(i)within 50 metres of a point at which water is abstracted for domestic or food production purposes from underground strata, or

(ii)within a zone defined by a 50-day travel time for groundwater to reach a groundwater abstraction point that is used to supply water for domestic or food production purposes;

(e)all works and equipment used for the treatment of sewage effluent and its discharge are maintained in accordance with the manufacturer’s specification;

(f)all works and equipment for the treatment of sewage effluent and its discharge are appropriately decommissioned when the exempt facility ceases to be in operation so that there is no risk of pollutants entering groundwater;

(g)before the land or part of the land on which the septic tank or sewage treatment plant is situated or being used is sold, an owner of the land or part of the land gives to the purchaser a written notice—

(i)stating that an exempt groundwater activity is being carried on on the land, and

(ii)containing a description of the exempt facility.

(3) For the purposes of this paragraph, an operator is a person who has control over the operation of the septic tank or sewage treatment plant by reason of—

(a)being an owner of the land on which the septic tank or sewage treatment plant is situated or being used, or

(b)having entered into a written agreement with the owner of the land on which the septic tank or sewage treatment plant is situated or being used to be responsible for the maintenance of the septic tank or sewage treatment plant.

Open-loop ground source heating and cooling systems

5.—(1) For the purpose of paragraphs 7(a)(i) and 8(a)(i) of Schedule 2, the description is the discharge of water to groundwater from a heating or cooling system to which sub-paragraph (3) applies with altered temperature.

(2) For the purpose of paragraphs 7(a)(ii) and 8(a)(ii) of that Schedule, the conditions in relation to a groundwater activity of that description are—

(a)that nothing must be added to water discharged from the system;

(b)that the temperature of water discharged from the system—

(i)subject to sub-paragraph (ii), must not exceed 25o C, and

(ii)must not vary by more than 10o C compared to that in the aquifer from which it was abstracted;

(c)that the system must not be on a known contaminated site or have had a previous contaminative use;

(d)that water from the system must not be discharged less than 50 metres from a watercourse or groundwater-fed wetland;

(e)that water from the system must not be discharged—

(i)less than 50 metres from a point at which water is abstracted from underground strata, or

(ii)within a zone defined by a 50-day travel time for groundwater to reach a groundwater abstraction point that is used to supply water for domestic or food production purposes;

(f)that the discharge of water from the system must be to the same aquifer as that from which it was abstracted;

(g)that water within the system must not be used for any other purpose.

(3) This sub-paragraph applies to a system—

(a)that involves—

(i)the abstraction of groundwater to obtain heating or (as the case may be) cooling, and

(ii)the subsequent discharge of that water, and

(b)that is—

(i)a cooled aquifer system with a volume of less than 1500 cubic metres per day,

(ii)a balanced system with a volume of less than 430 cubic metres per day, or

(iii)a heated aquifer system with a volume of less than 215 cubic metres per day.

(4) In this paragraph—

“balanced system” means a system used for both heating and cooling and where in a 5-year period the ratio of the discharge water temperature to the abstracted water temperature is within the range 0.8 to 1.2;

“cooled aquifer system” means a system used for both heating and cooling and where in a 5-year period the ratio of the discharge water temperature to the abstracted water temperature is less than 0.8;

“groundwater-fed wetland” means a terrestrial ecosystem directly depending on a body of groundwater (within the meaning of the Water Framework Directive) and includes—

(a)

a European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2010(92));

(b)

a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981(93));

“heated aquifer system” means a system used for both heating and cooling and where in a 5-year period the ratio of the discharge water temperature to the abstracted water temperature exceeds 1.2.

PART 4Exempt flood risk activities: descriptions and conditions

General and interpretation

1.—(1) The descriptions in this Part are set out in paragraphs 2 to 28, in their respective first sub-paragraphs.

(2) The specific conditions relating to each description in this Part are set out in paragraphs 2 to 28, in their respective second sub-paragraphs.

(3) The general conditions relating to all descriptions in this Part are that the activity is not carried out—

(a)on a designated site or—

(i)in the case of the description set out in paragraphs 2 to 4, 6, 8, 9, 12, 13, 15, 16, 18 to 20 and 25 to 28, in their respective first sub-paragraphs, within a 200 metre radius of a designated site;

(ii)in the case of the description set out in paragraphs 5, 7, 10, 11, 14 and 17, in their respective first sub-paragraphs, within a 500 metre radius of a designated site;

(iii)in the case of the description set out in paragraphs 21, 22 and 24, in their respective first sub-paragraphs, within one kilometre upstream of a designated site;

(iv)in the case of the description set out in paragraph 23, in its first sub-paragraph, within—

(aa)5 kilometres upstream of a designated site notified for its freshwater habitats or species,

(bb)1 kilometre upstream of a designated site that includes any part of the flood plain of the relevant main river but not the river itself, or

(cc)1 kilometre upstream of any other designated site,

(b)in a water body in Wales that is part of a main river classified as of high morphological status by the NRBW in accordance with the relevant directions,

(c)where the activity is carried out in Wales, within 100 metres of a water body in Wales that is part of a main river classified as of high morphological status by the NRBW in accordance with the relevant directions, or

(d)in the case of the descriptions set out in paragraphs 3, 5, 7, 10 to 15, 18, 21 to 24 and 27, in their respective first sub-paragraphs, where the activity is carried out in England within 100 metres of a water body in Wales that is part of a main river classified as of high morphological status by the NRBW in accordance with the relevant directions.

(4) In sub-paragraph (3), “designated site” means—

(a)a European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2010),

(b)a Ramsar site (which has the same meaning as in section 37A of the Wildlife and Countryside Act 1981(94)),

(c)a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981), or

(d)a nature reserve established by a local authority under section 21 of the National Parks and Access to the Countryside Act 1949(95).

(5) For the purposes of this Part—

“designated salmonid river” means—

(a)

in England, a river included in the dataset sealed by the Agency on 22nd October 2015, entitled “Rivers in England identified as salmonid for flood risk activities under the Environmental Permitting Regulations”, and published by the Agency(96);

(b)

in Wales, a river included on the map published by the NRBW on 20th October 2015 entitled “Rivers in Wales identified as salmonid for flood risk activities under the Environmental Permitting Regulations”(97);

“designated sensitive water body” means a water body included in the dataset sealed by the Agency on 20th October 2015 entitled “Water bodies in England identified as sensitive for flood risk activities under the Environmental Permitting Regulations because sediment management may compromise delivery of the environmental objectives of the Water Framework Directive” and published by the Agency(98);

“the dredging and removal of silt and sand requirements” means the document published by the Agency on 1st February 2016 entitled “Dredging and the removal of silt and sand from main rivers as a flood risk activity under the Environmental Permitting Regulations”(99);

“protected species” means—

(a)

a species of a kind mentioned in Article 4(2) of Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(100) or listed in Annex I to that Directive or in Annex IV to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(101);

(b)

a species in respect of which any adverse impact is in accordance with a licence issued under section 16 of the Wildlife and Countryside Act 1981(102);

“relevant directions” means the Water Framework Directive (Standards and Classification) Directions (England and Wales) 2015(103).

(6) In this Part, “bank” has the meaning given in paragraph 2(2)(a) in Part 1 of Schedule 25 and paragraph 2(2)(b) to (d) of that Schedule applies to this Part.

Electrical cable services

2.—(1) The erection of an electrical cable service crossing over a main river.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the service crossing is within 10° of perpendicular to the direction of flow of the main river,

(b)the vertical and horizontal clearances of the service crossing comply with the requirements set out in the table below,

(c)permanent hazard markers are erected on both banks of the main river,

(d)the bed and banks of the main river are not disturbed by the works, and

(e)all excavated material not re-used on the site of the works is removed from the floodplain.

Voltage (kV)Vertical clearance(1)(metres)Horizontal clearance(2)(metres)
(1)

Vertical clearance above bank or flood bank crest level.

(2)

Horizontal clearance of any tower or support landward from the top of the bank of the main river.

2751515
4001515
1321215
661215
33910
11910
6.6910
4.1569

Service crossings below the bed of a main river

3.—(1) The erection of a service crossing below the bed of a main river by directional drilling not involving an open cut technique.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the service crossing is within 10° of perpendicular to the direction of flow in the main river,

(b)a distance is maintained—

(i)of no less than 1.5 metres from the bed of the main river to the top of the service crossing, and

(ii)at the same height above sea level between points that are 5 metres beyond the top of each bank of the main river,

(c)the distance from the launch and reception pits to the landward side of each bank of the main river is—

(i)8 or more metres in the case of a non-tidal main river;

(ii)16 or more metres in the case of a tidal main river;

(d)the service crossing does not pass through any bank, culvert, remote defence or river control works on the main river or through any sea defence,

(e)the service crossing is 50 or more metres upstream of any impoundment or artificially raised channel,

(f)permanent hazard markers are erected on both banks of the main river,

(g)all excavated material not re-used on the site of the works is removed from the floodplain,

(h)the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(i)the bed and banks of the main river are not disturbed by the works.

Service crossings attached to the outside of existing structures over a main river

4.—(1) Service crossings attached to the outside of existing structures over a main river.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the service crossing does not project more than 1 metre horizontally from the structure,

(b)the service crossing follows the existing cross-sectional profile of the structure to the main river in both normal and flood flow,

(c)the service crossing does not pass through any bank, culvert, flood defence structure or river control works on the main river or through any sea defence,

(d)permanent hazard markers are erected on both banks of the main river, and

(e)a notification has not been sent by the regulator to the landowner that the structure has been identified for removal or modification in order to achieve the measures set out in the relevant River Basin Management Plan, within the meaning of Article 13 of the Water Framework Directive, that are designed to move a water body to good status pursuant to Article 4 of the Water Framework Directive.

Footbridges

5.—(1) The construction of footbridges.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the length of the footbridge measured from the top of one bank of the main river to the top of the other bank is no more than 8 metres,

(b)the footbridge has no support in the watercourse, a deck width of no more than 1.5 metres and a kickerboard of no more than 100mm in height,

(c)the footbridge does not reduce the cross-sectional area of the channel in the main river,

(d)the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006(104), or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016(105), that are not protected species,

(e)no works take place within 100 metres of any non-agricultural building in the floodplain or another man-made structure on or in the main river,

(f)the bed of the main river is not affected by the construction,

(g)the length of bank disturbed by the construction extends to no more than 1 metre on either side of the footbridge,

(h)the footbridge is securely attached to foundations which are no closer than 1 metre to the edge of the bank,

(i)construction of the footbridge does not require reinforcement of the bed or banks,

(j)the approach ramp or steps for the footbridge do not extend more than 4 metres from the landward side of the bank,

(k)the lowest point of the underside of the bridge is at least 600mm higher than the top of both banks of the main river,

(l)all excavated material not re-used on the site of the works is removed from the floodplain,

(m)the height of the land at each end of the footbridge is not changed by the construction,

(n)the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(o)any parapet of the footbridge is of open construction comprising—

(i)post and rail,

(ii)post and wire mesh fencing of at least 100mm spacing, or

(iii)post and wire strands.

Temporary scaffolding in England

6.—(1) The erection and use of temporary scaffolding in or over a main river in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the scaffolding will be in place for no longer than 4 weeks,

(b)the scaffolding is not in place between 15th March and 15th June inclusive in any year,

(c)on a main river that is a designated salmonid river, the scaffolding is not in place between 1st October and 14th March inclusive in any year,

(d)the scaffolding does not occupy more than 10 metres of a river bank at any one time,

(e)the scaffolding projects into or over the main river no more than 1.2 metres or no more than 10% of the width of the main river, whichever is less,

(f)the scaffolding is located no less than 100 metres from any other scaffolding the erection and use of which is reliant on this exemption,

(g)except where it is unsafe to do so, debris lodged against the scaffolding is removed within 24 hours, and

(h)any transoms and walking decks are set no lower than 600 mm above water level.

Temporary dewatering in England

7.—(1) The temporary dewatering of a work area in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the duration of the dewatering is no longer than 4 weeks,

(b)the dewatering is not in place between 15th March and 15th June inclusive in any year,

(c)on a main river that is a designated salmonid river, the dewatering is not in place between 1st October and 14th March inclusive in any year,

(d)the dewatering does not affect more than 10 metres of the bank of a main river at any one time,

(e)the dewatering is not within 8 metres of a flood defence structure or river control works,

(f)the depth of water adjacent to the dewatered area does not exceed 1.2 metres,

(g)the dewatering does not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(h)all reasonable steps are taken to protect aquatic plants and aquatic animals found in the dewatered area,

(i)the dewatering structure projects into or over the main river no more than 1.2 metres or no more than 10% of the width of the main river, whichever is less,

(j)the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(k)all excavated material not re-used on the site of the works is removed from the floodplain,

(l)the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(m)any pumps used in the dewatering process are fitted with a 20mm mesh screen.

Maintenance of raised river or sea defences

8.—(1) The maintenance of raised river or sea defences.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the maintenance works use materials of the same kind as those present in the raised defences and do not alter the shape of those defences or the overall height of the protection afforded by those defences,

(b)the raised defences are carrying out the functions for which they were originally designed, and

(c)the works do not disturb the bed or, up to normal ground level, the banks of the main river.

Maintenance of structures within the channel of a main river

9.—(1) The maintenance of structures within the channel of a main river other than raised river or sea defences.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the maintenance works do not alter any dimension of the structure,

(b)the structure is carrying out the functions for which it was originally designed,

(c)the maintenance works use materials of the same kind as those present in the structure,

(d)the maintenance works do not occur between 15th March and 15th June inclusive in any year,

(e)on a main river that is a designated salmonid river, the maintenance works do not occur between 1st October and 14th March inclusive in any year, and

(f)the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species.

Drinking bays

10.—(1) The construction of a drinking bay on the bank of a main river.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the bay is not located within 100 metres of any other man-made structure on or in the main river,

(b)the bay is surrounded by a post and rail fence which must project into or over the main river no more than 1.2 metres or 10% of the width of the main river, whichever is less,

(c)the base of the bay has a surface made of concrete, stone or inert hard core,

(d)all excavated material not re-used on the site of the works is removed from the floodplain,

(e)the works do not adversely affect any culvert, remote defence, river control works, sea defence or any raised embankment or wall forming part of the bank of the main river,

(f)the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(g)the works do not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(h)the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(i)the remainder of the bank is fenced so as to prevent damage to the bank.

Access platforms

11.—(1) The construction of access platforms on the bank of a main river or that project into or over a main river.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the platform is not located within 50 metres of any other man-made structure,

(b)the platform projects no more than 1.2m into or over the main river and occupies no more than 2m of bank length,

(c)the works do not adversely affect any culvert, remote defence, river control works, sea defence or any raised embankment or wall forming part of the bank of the main river,

(d)that part of the platform which projects over the channel is constructed as a flat deck, with no solid infill beneath the platform, supported on piers or piles of no more than 300mm width,

(e)the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(f)the works do not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(g)the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(h)any steps cut into the bank are supported by timber risers on the vertical part of the step.

Outfalls

12.—(1) The construction of small outfall pipes and headwalls to main rivers.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the headwall is not located within 50 metres of another man-made structure on or in the main river,

(b)in the case of a headwall to a non-tidal main river, the outfall pipe is aligned to an angle of between 30° and 60° to the direction of flow in the river,

(c)the diameter of the outfall pipe is less than 300mm,

(d)the height of the headwall is no more than 1.5 metres or no more than 75% of the height of the bank, whichever is less,

(e)the total length of bank affected during construction of the headwall is no more than 1.5 metres,

(f)the headwall, wing walls and apron do not project beyond the line of the bank prior to the works being carried out,

(g)the headwall is not within 8 metres of a flood defence structure or river control works,

(h)the outfall pipe does not pass through or under any culvert, remote defence, river control works or sea defence, or any raised embankment or wall forming part of the bank of the main river,

(i)all excavated material not re-used on the site of the works is removed from the floodplain,

(j)the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(k)the works do not occur in, or within 200 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(l)the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(m)any pipe that discharges through the headwall does not pass within 8 metres of a flood defence structure.

Repair and protection of banks using natural materials

13.—(1) The repair and protection of main river banks using natural materials.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the length of bank affected by the works is no more than 10 metres,

(b)the works do not include the use of steel sheet piling, concrete, cement or concrete bagwork, brickwork, gabions or non-biodegradable materials,

(c)the works do not take place within 50 metres of a bank that has been reinforced,

(d)the works do not encroach into the channel of the main river beyond the line of the bank prior to the works being carried out,

(e)when the works are finished, the height of the bank does not exceed the lower of—

(i)the height of the bank on either side of the works, and

(ii)the height of the bank prior to the works being carried out,

(f)the works are securely fastened to the bank at each end so as to prevent erosion behind the works,

(g)the works do not involve the use of vehicles or wheeled or tracked machinery on the bed or bank of the main river,

(h)the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006(106), or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016(107), that are not protected species,

(i)the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(j)the works are not to a bank consisting of an earth cliff over 1 metre in height.

Repair of bank slips and erosion

14.—(1) Repair of bank slips and erosion.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the works do not involve removal of material from the bed of the main river other than bank slippage,

(b)the works do not affect more than 10 metres of the bank at any one time,

(c)the works do not encroach into the channel of the main river beyond the line of the bank prior to the works being carried out,

(d)when the works are finished, the height of the bank does not exceed the lower of—

(i)the height of the bank on either side of the works, and

(ii)the height of the bank prior to the slip or erosion,

(e)the works are securely fastened to the bank at each end so as to prevent erosion behind the works,

(f)any repair of a bank slippage is made using as materials only material that has subsided from that bank,

(g)any repair of erosion uses materials of the same kind as those present on the relevant site,

(h)the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(i)the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(j)the works do not involve the use of a vehicle or of wheeled or tracked machinery on the bed or banks of the main river.

Channel habitat structures made of natural materials

15.—(1) The installation of channel habitat structures made of natural materials (excluding weirs and berms).

(2) For the purposes of this paragraph, the specific conditions are—

(a)the structure occupies no more than half the width of the cross-sectional area of the channel in the main river and no more than 20 metres of the length of the main river,

(b)no part of the structure is higher than 0.3 metres above the level of the river bed or 25% of the height of the bank (excluding any wall or embankment forming part of the bank), whichever is greater,

(c)the structure is made from naturally occurring woody material and is securely fastened to the bed of the main river, the bank or both,

(d)the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(e)no works take place within 100 metres of—

(i)a non-agricultural building in the floodplain,

(ii)another natural channel habitat structure,

(iii)stones or logs placed in the main river for habitat enhancement, or

(iv)a man-made structure on or in the main river.

Rafts for surveys

16.—(1) The installation of rafts for surveys.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the raft has dimensions of no greater than 1.5 metres x 1 metre x 0.15 metre,

(b)any equipment box used on the raft has a height of no more than 0.75 metre,

(c)the raft is permanently and securely attached to the bank,

(d)the raft is installed no less than 100 metres from any other raft,

(e)when the raft is installed, there are no more than four other rafts within a distance of one kilometre,

(f)the raft is installed for no more than 12 months and removed immediately if, within that period, it is no longer required, and

(g)the raft is not installed within 100 metres of any non-agricultural building in the floodplain or another man-made structure on or in the main river.

Gravel-cleaning for fish-spawning beds

17.—(1) Gravel-cleaning for fish-spawning beds.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the works are only carried out in September or October in any year,

(b)the works are to no more than 20m2 of gravel per location, with a gap of at least 30 metres between locations,

(c)the works do not adversely affect the banks or established bed of the main river,

(d)the works are carried out using only hand tools or machinery carried and operated by one person, and

(e)the works do not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016.

Placement of stones or logs in a main river in England for habitat enhancement

18.—(1) Placement of stones or logs in the channel of a main river in England for habitat enhancement.

(2) For the purposes of this paragraph, the specific conditions are—

(a)any stones placed in the channel are of a type that occur naturally in the main river and do not exceed 400mm in any dimension,

(b)any log placed in the channel is less than 2 metres in length, less than 400mm in diameter and oriented at an angle of within 45° to the flow of water,

(c)any log placed in the channel—

(i)is from a type of tree that occurs naturally in the vicinity of the main river, and

(ii)is securely fixed to the bed or bank of the main river,

(d)the stones or logs are placed in the channel over no more than 20 metres of the length, and 20% of the width, of the main river,

(e)the placement of stones or logs does not occur in, or within 200 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(f)the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(g)no stones or logs are placed within 100 metres of—

(i)a non-agricultural building in the floodplain,

(ii)a natural channel habitat structure,

(iii)an existing emplacement of stones or logs placed in the main river for habitat enhancement, or

(iv)a man-made structure on or in the main river.

Eel pass devices

19.—(1) Construction of eel pass devices on existing structures.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the existing structure is not located on a tidal river,

(b)the device is permanently and securely attached to the existing structure,

(c)the width of the device is no more than 5% of the width of the main river, and

(d)the device does not extend upstream or downstream from the existing structure more than the lesser of—

(i)10 metres, or

(ii)the width of the channel measured between the top of each bank of the main river.

Fish passage notches

20.—(1) Construction of fish passage notches on an existing impoundment.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the construction does not affect the structural integrity of the existing impoundment,

(b)construction of the notches does not change the water level in the main river by more than 20cm upstream or downstream from the existing structure,

(c)the existing impoundment is located on a main river with a width of no more than 5 metres measured between the top of each bank,

(d)the construction does not adversely affect the banks or established bed of the main river, and

(e)the notch is no more than 0.6 metre in width.

Removal of silt, sand and other material in England

21.—(1) The removal of silt and sand from within bridge arches in England and any material from within culverts in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the works do not affect the structural integrity of the bridge arch or culvert,

(b)in the case of works within bridge arches, the removal of silt and sand is limited to the removal of accumulated silt and sand on the established bed of the main river,

(c)the works do not occur in, or within 1 kilometre upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(d)the works and the subsequent deposition of the removed material do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(e)the works do not occur between 15th March and 15th June inclusive in any year,

(f)on a main river that is a designated salmonid river, the works do not occur between 1st October and 14th March inclusive in any year,

(g)the works do not expose the structural foundations or footings of the bridge or culvert,

(h)the works and any equipment used to remove the sand and silt comply with the dredging and removal of silt and sand requirements,

(i)the works do not involve the use of machinery on the bed or banks of the main river more than 20 metres from the bridge or culvert,

(j)the works do not involve the use of a vehicle on the bed or banks of the main river,

(k)the works do not damage the culvert or the banks or bed of the main river, and

(l)the works are not carried out in, or within 1 kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions.

Removal of silt and sand adjacent to in-river structures in England

22.—(1) The removal of silt and sand adjacent to in-river structures in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the works take place no more than 10 metres upstream or downstream from the edge of the structure,

(b)the removal of silt and sand does not affect the structural integrity of the structure,

(c)the works do not damage the banks or bed of the main river,

(d)the works are limited to the removal of accumulated silt and sand on the established bed of the main river,

(e)the removal of silt and sand does not expose the structural foundations or footings of the structure,

(f)silt and sand is not removed to below the level of the base of the inside of an adjacent culvert,

(g)the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand,

(h)the works do not involve the use of a vehicle or machinery on the bed or banks of the main river,

(i)the removal of silt and sand does not occur in, or within 1 kilometre upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006(108) or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016(109),

(j)the removal of silt and sand and its subsequent deposition do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(k)the removal of silt and sand does not occur between 15th March and 15th June inclusive in any year,

(l)on a main river that is a designated salmonid river, the removal of silt and sand does not occur between 1st October and 14th March inclusive in any year,

(m)the works and any equipment used to remove the sand and silt comply with the dredging and removal of silt and sand requirements,

(n)the works are not carried out in, or within one kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(o)the removal of silt and sand does not occur in a designated sensitive water body.

Dredging of man-made ditches, land drains, agricultural drains and previously straightened watercourses in England

23.—(1) Dredging of no more than 1.5 kilometres of man-made ditches, land drains, agricultural drains and previously straightened watercourses classified as main rivers in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the works do not occur in any location where dredging has been carried out within the previous 3 years,

(b)the works do not occur in any location on a watercourse where dredging has taken place within 1.5 kilometres upstream or downstream of that location in the previous 12 months,

(c)the works are completed within 3 years of registration of the exemption,

(d)the works do not damage the bed or banks of the main river,

(e)the dredging does not include the removal of gravel,

(f)the dredging is limited to the removal of accumulated silt and sand on the established bed of the main river,

(g)the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand,

(h)the works do not involve the use of a vehicle or machinery on the bed or banks of the main river,

(i)the works do not occur in, or within one kilometre upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(j)the dredging and subsequent deposition of dredged material do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(k)the works do not occur between 15th March and 15th June inclusive in any year,

(l)on a main river that is a designated salmonid river, the works do not occur between 1st October and 14th March inclusive in any year,

(m)the works and any equipment used comply with the dredging and removal of silt and sand requirements,

(n)the works are not carried out in, or within 1 kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions,

(o)the works do not occur in a designated sensitive water body,

(p)on a non-tidal main river, the works do not occur within 8 metres of a flood defence structure or river control works, and

(q)on a tidal main river, the works do not occur within 16 metres of a flood defence structure or sea defence.

Dredging of any main river in England

24.—(1) Dredging of no more than 20 metres of any main river in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a)no dredging has been carried out in the previous 12 months in the same main river and property,

(b)the works are completed within 12 months of registration of the exemption,

(c)the works do not damage the bed or banks of the main river,

(d)the dredging does not include the removal of gravel,

(e)the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand,

(f)the dredging is limited to the removal of accumulated silt and sand on the established bed of the main river,

(g)the works do not involve the use of a vehicle or machinery on the bed or banks of the main river,

(h)the works do not occur in, or within 1 kilometre upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(i)the dredging and subsequent deposition of dredged material do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(j)the works do not occur between 15th March and 15th June inclusive in any year,

(k)on a main river that is a designated salmonid river, the works do not occur between 1st October and 14th March inclusive in any year,

(l)the works and any equipment used comply with the dredging and removal of silt and sand requirements,

(m)the works are not carried out in, or within 1 kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(n)the dredging does not occur in a designated sensitive water body.

Excavation of scrapes and shallow wetland features

25.—(1) The excavation of scrapes and shallow wetland features in a floodplain.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the area of the excavation is no more than 0.1 hectare and takes place at least 100 metres from any other excavation in the floodplain,

(b)the excavation is no more than 500mm deep at any point,

(c)where spoil from the excavation is spread on the floodplain, the spoil is spread to a depth of no more than 100mm, and

(d)the excavation is at least 8 metres from any structure forming part of a flood defence and from the landward side of each bank of the main river.

Raised flood defences in England

26.—(1) The construction of raised flood defences around one to six adjoining properties in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the works are not within 8 metres of a main river,

(b)the dimensions of the flood defences are no more than 1 metre in height and 6 metres in width,

(c)the defences are located at least 20 metres from any building not owned by the owners of the properties,

(d)the total area protected by the defences is no more than 150m2 for each property,

(e)the defences are to protect existing buildings, and

(f)the works are within the existing boundary of the properties.

Bankside wildlife refuge structures

27.—(1) Construction of bankside wildlife refuge structures.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the length of bank excavated during construction of the structure is no more than 1.5 metres,

(b)the height of the structure is no more than 1.5 metres or no more than 75% of the height of the bank, whichever is less,

(c)the structure is not located within 50 metres of another man-made structure on or in the main river,

(d)the structure is not located within 8 metres of a flood defence structure or river control works,

(e)the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(f)the structure does not project beyond the line of the bank prior to the works being carried out.

Improvement works for tracks and paths

28.—(1) Improvement works for tracks and paths.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the works are to an existing track or path,

(b)the works do not alter the route or width of the track or path,

(c)the works do not disturb the bed or banks of any main river,

(d)the works do not increase the level of the path by more than 100mm, and

(e)when the works are completed, all materials and debris are removed from the site.

PART 5Other waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

General and interpretation

1.—(1) The descriptions in this Part are set out in the first sub-paragraph of each paragraph.

(2) The conditions for each description are set out in the second sub-paragraph of each paragraph.

(3) In this Part—

“collection” has the same meaning as in Article 3(10) of the Waste Framework Directive;

“collection point” means a place which is used for the collection of waste by an establishment or undertaking where the establishment or undertaking does not—

(a)

receive payment for collecting the waste, or

(b)

collect waste as its main business activity;

“place of production” has the meaning given in paragraph 1(1) of Part 1 of this Schedule.

(4) For the purposes of this Part, a container, lagoon or other place is secure in relation to waste kept in it if—

(a)all reasonable precautions are taken to ensure that the waste cannot escape from it, and

(b)members of the public are unable to gain access to the waste.

Temporary storage at the place of production

2.—(1) The temporary storage of any waste at the place of production, pending its collection.

(2) For the purposes of this paragraph, the conditions are—

(a)no waste is stored for longer than 12 months, and

(b)the waste is stored in a secure place.

Temporary storage of waste at a place controlled by the producer

3.—(1) The temporary storage of any waste, pending its collection, at a place controlled by the producer of the waste.

(2) For the purposes of this paragraph, the conditions are—

(a)the producer has control over the waste and the storage place,

(b)the waste does not contain or consist of—

(i)unbonded asbestos, or

(ii)any substance with a flash point of less than 21 degrees Celsius,

(c)the operation is not carried on in the course of providing a waste management service to another person,

(d)the waste is stored in a secure place,

(e)where more than one type of waste is stored, the types are not mixed,

(f)no waste is stored for longer than 3 months,

(g)in relation to non-liquid waste, the total quantity stored at any one time does not exceed 50 cubic metres, and

(h)in relation to liquid waste—

(i)the total quantity stored at any one time does not exceed 1,000 litres, and

(ii)the waste is stored in a container with secondary containment.

Temporary storage at a collection point

4.—(1) The temporary storage of waste at a collection point for the purposes of recovering or disposing of the waste elsewhere.

(2) For the purposes of this paragraph, the conditions are that—

(a)the waste does not contain or consist of—

(i)asbestos;

(ii)any substance with a flash point of less than 21 degrees Celsius,

(b)where more than one type of waste is stored, the types are not mixed,

(c)in relation to WEEE, the total quantity of waste stored at any one time does not exceed 30 cubic metres,

(d)in relation to non-hazardous waste that—

(i)is not WEEE, and

(ii)is to be recovered elsewhere,

the total quantity of waste stored any one time does not exceed 50 cubic metres, and

(e)in relation to waste not covered by paragraph (d) or (e), the total quantity of waste stored at any one time does not exceed 5 cubic metres.

Regulation 11

SCHEDULE 4Application to the Crown

Crown application

1.  Subject to paragraphs 2 to 5, these Regulations bind the Crown.

Contravention of these Regulations by the Crown

2.—(1) If the Crown contravenes a provision of these Regulations—

(a)it is not criminally liable under regulation 38, and

(b)no proceedings may be taken against it under regulation 42.

(2) But—

(a)on the application of a regulator, the High Court may declare a contravention of these Regulations by the Crown to be unlawful, and

(b)these Regulations apply to persons in the public service of the Crown as they apply to other persons.

Entry to Crown premises

3.—(1) If the appropriate authority considers that in the interests of national security particular powers of entry must not be used in relation to particular Crown premises it may certify that those powers must not be used in relation to those premises.

(2) In this paragraph—

“Crown premises” means premises held or used by or on behalf of the Crown;

“power of entry” means a power of entry exercisable under section 108 of the 1995 Act(110), in relation to a function under these Regulations.

Service on certain Crown operators

4.—(1) This paragraph applies in relation to a regulated facility controlled or operated by a person acting on behalf of—

(a)the Royal Household,

(b)the Duchy of Lancaster, or

(c)the Duke of Cornwall or other possessor of the Duchy of Cornwall.

(2) When serving or giving notices or notifications, or instituting proceedings, the following person must be treated as the operator—

(a)in relation to sub-paragraph (1)(a), the Keeper of the Privy Purse;

(b)in relation to sub-paragraph (1)(b), the person appointed by the Chancellor of the Duchy of Lancaster;

(c)in relation to sub-paragraph (1)(c), the person appointed by the Duke of Cornwall or other possessor of the Duchy of Cornwall.

Application of this Schedule to certain radioactive substances activities

5.—(1) These Regulations do not bind the Crown in relation to a radioactive substances activity carried on at premises—

(a)occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or

(b)occupied by or for the purposes of visiting forces.

(2) In this paragraph, “visiting force” has the meaning given in section 12(1) of the Visiting Forces Act 1952(111).

Regulations 13(3) and 15(3)

SCHEDULE 5Environmental permits

PART 1Grant, variation, transfer and surrender of environmental permits

Interpretation

1.  In this Part—

“applicant” means—

(a)

in the case of an application for the transfer of an environmental permit in whole or in part—

(i)

the operator and the proposed transferee, or

(ii)

the proposed transferee;

(b)

in every other case, the operator;

“application” means an application—

(a)

for the grant of an environmental permit under regulation 13(1),

(b)

by an operator for the variation of an environmental permit under regulation 20(1),

(c)

for the transfer, in whole or in part, of an environmental permit under regulation 21(1), or

(d)

for the surrender, in whole or in part, of an environmental permit under regulation 25(2);

“public consultee” means a person whom the regulator considers is affected by, is likely to be affected by, or has an interest in, an application.

Making an application

2.—(1) An application must—

(a)be made by the applicant on the form provided by the regulator, and

(b)include—

(i)such information as is specified on the form, and

(ii)any additional information required by the regulator.

(2) An application under regulation 13(1) for the grant of an environmental permit for a flood risk activity referred to in paragraph 3(1)(a) to (c) of Part 1 of Schedule 25 must be accompanied by—

(a)a fee of £50 for each flood risk activity to which the application relates, unless the regulator has made a charging scheme under section 41 of the 1995 Act(112), or

(b)where the regulator has made such a charging scheme, the fee prescribed under that scheme.

(3) Any other application must be accompanied by any fee prescribed in a charging scheme made by the regulator under section 41 of the 1995 Act or by the appropriate authority under regulation 66.

Withdrawing an application

3.—(1) A duly-made application may be withdrawn by the applicant before it is determined.

(2) If an application is withdrawn the applicant is not entitled to the return of any fee which accompanied it.

Further information in respect of a duly-made application

4.—(1) If the regulator considers that it requires further information to determine a duly-made application, it may serve a notice on the applicant specifying the further information and the period within which it must be provided.

(2) If the applicant fails to provide the further information in accordance with the notice, the regulator may serve a further notice on the applicant stating that the application is deemed to be withdrawn, upon which the application is deemed to be withdrawn.

(3) If an application is deemed to be withdrawn, the applicant is not entitled to the return of any fee which accompanied it.

Public participation: scope

5.—(1) Paragraph 6 applies to every application for the grant of an environmental permit except an application in relation to—

(a)mobile plant,

(b)a radioactive substances activity described in paragraph 11(5) of Part 2 of Schedule 23,

(c)a standard facility,

(d)a mining waste operation not involving a mining waste facility to which Article 7 of the Mining Waste Directive applies, or

(e)a stand-alone flood risk activity—

(i)which is not likely to have a significant adverse effect on the environment, or

(ii)in respect of which public consultation has been carried out under another statutory requirement where that consultation addresses the potential environmental impact of the flood risk activity.

(2) Paragraph 6 applies to every application for the variation of an environmental permit if—

(a)it would entail a substantial change, or

(b)the regulator determines that the paragraph should apply.

(3) Paragraph 8 applies to every regulator-initiated variation if—

(a)it would entail a substantial change, or

(b)the regulator determines that the paragraph should apply.

(4) But paragraphs 6 and 8 do not apply to the extent that the application or regulator-initiated variation relates to—

(a)the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts,

(b)dry cleaning,

(c)the unloading of petrol into stationary storage tanks at a service station if it is an activity within paragraph (c) of Part B of Section 1.2 of Part 2 of Schedule 1,

(d)any motor vehicle refuelling activity within paragraph (d), (e) or (f) of Part B of Section 1.2 of Part 2 of Schedule 1, or

(e)a stand-alone flood risk activity—

(i)which is not likely to have a significant adverse effect on the environment, or

(ii)in respect of which public consultation has been carried out under another statutory requirement where that consultation addresses the potential environmental impact of the flood risk activity.

(5) In this paragraph—

“change in operation” means a change in the nature or functioning, or an extension, of an installation, which may have consequences for the environment;

“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;

“substantial change” means a change in operation of an installation which in the regulator’s opinion may have significant negative effects on human beings or the environment and includes—

(a)

in relation to a Part A installation, a change in operation which in itself meets the thresholds, if any, set out in Part 2 of Schedule 1, and

(b)

in relation to a waste incineration plant or waste co-incineration plant for non-hazardous waste, a change in operation which would involve the incineration or co-incineration of hazardous waste.

(6) When assessing whether a change in operation of a Part B installation has significant effects on the environment, the regulator must consider only its emissions to air.

Public participation in relation to certain applications

6.—(1) Subject to sub-paragraphs (2) and (3), if this paragraph applies the regulator must, within the consultation communication period—

(a)take the steps it considers appropriate to inform the public consultees of the application and the place and times its public register can be inspected free of charge,

(b)invite the public consultees to make representations on the application, and

(c)specify to the public consultees the address to which and the period within which representations are to be made.

(2) The regulator must not inform the public consultees of information which is to be excluded from a public register in the interests of national security unless the appropriate authority directs that it must do so.

(3) The regulator must not inform the public consultees of information which is to be excluded from a public register because it is confidential information, unless the public consultee is—

(a)a public authority and the information is necessary for the exercise of its functions, or

(b)a sewerage undertaker and the information relates to the release of any substance into a sewer vested in that undertaker.

Calculation of the consultation communication period

7.—(1) In paragraph 6, “the consultation communication period” means a period of 30 working days starting on the day the regulator receives a duly-made application.

(2) But the period starts on—

(a)the determination date, if a determination in relation to national security or confidentiality is made under regulation 47 or 50, or

(b)the day an information subject gives notice under regulation 49(2)(a) consenting to the regulator including information on the public register.

(3) In sub-paragraph (2), “determination date” means—

(a)the date of a determination under regulation 47(3) or (7),

(b)the date of a determination under regulation 50 that information must be excluded from the public register, or

(c)if the regulator determines under regulation 50 that information must be included on the public register—

(i)if an appeal is brought, the date of determination or withdrawal of that appeal, or

(ii)if no appeal is brought, the date on which the period for bringing an appeal expires.

Public participation in relation to regulator-initiated variations

8.—(1) If this paragraph applies, the regulator must notify the operator—

(a)that the public participation procedures in sub-paragraph (2) apply,

(b)of the variation it proposes to the environmental permit, and

(c)of any fee prescribed in respect of this paragraph in a charging scheme made by the regulator under section 41 of the 1995 Act or by the appropriate authority under regulation 66.

(2) The regulator must—

(a)take the steps it considers appropriate to inform the public consultees of the proposed variation,

(b)invite the operator and the public consultees to make representations on the proposed variation, and

(c)specify to the operator and the public consultees the address to which and the period within which representations are to be made.

Consultation: conditions mentioned in regulation 15(1)

9.—(1) This paragraph applies if the regulator proposes to include a condition mentioned in regulation 15(1) in an environmental permit, other than a condition to which sub-paragraph (2) applies.

(2) This sub-paragraph applies to a condition that does not specifically identify the land in relation to which the operator is required to carry out works or, as the case may be, do other things.

(3) If this paragraph applies, the regulator must serve a notice which complies with sub-paragraph (4) on every person appearing to it to fall within sub-paragraph (5).

(4) The notice must specify—

(a)the proposed condition,

(b)the works or other things which the condition would require, and

(c)the address to which and the period within which representations on the proposed condition are to be made (which period must not expire less than 20 working days after the day the notice is served).

(5) A person falls within this sub-paragraph if—

(a)the person is the owner, lessee or occupier of land, and

(b)regulation 15(2) would require the person to grant the rights mentioned there if the proposed condition were included in the environmental permit.

(6) In sub-paragraph (5)(a), “owner” means the person who—

(a)is receiving the rack-rent of the land, whether on the person’s own account or as agent or trustee for another person, or

(b)would receive the rack-rent if the land were let at a rack-rent,

but does not include a mortgagee not in possession.

Consultation with other member States

10.—(1) This paragraph applies if—

(a)an appropriate authority is aware that the grant of a relevant application or regulator-initiated variation is likely to have significant negative effects on the environment of another member State, or

(b)another member State requests information about a relevant application or about a proposal for a regulator-initiated variation.

(2) As soon as is reasonably practicable the appropriate authority must—

(a)send the particulars of the relevant application or regulator-initiated variation to that member State to serve as the basis for bilateral consultations of the type referred to in the relevant Article,

(b)inform that member State of the relevant information, and

(c)notify the operator and the regulator that it has complied with paragraphs (b) and (c).

(3) If a regulator receives notification under sub-paragraph (2)(c), it must not determine the application or make the regulator-initiated variation until the appropriate authority has—

(a)notified it that the bilateral consultations have been completed, and

(b)sent it any representations made by the member State.

(4) In this paragraph—

“member State” includes Iceland, Liechtenstein and Norway but only to the extent that there is a relevant application or regulator-initiated variation which relates to the carrying on at an installation of an activity listed in Annex I to the Industrial Emissions Directive;

“relevant application” means an application for the grant or variation of an environmental permit in relation to an installation described in sub-paragraph (5) or a Category A mining waste facility;

“relevant Article” means—

(a)

in the case of an application in relation to an installation described in sub-paragraph (5), Article 26 of the Industrial Emissions Directive;

(b)

in the case of an application in relation to a Category A mining waste facility, Article 16 of the Mining Waste Directive;

“relevant information” means—

(a)

where the relevant application or regulator-initiated variation relates to an installation described in sub-paragraph (5), a matter in paragraph 1 of Annex IV to the Industrial Emissions Directive;

(b)

where it relates to a Category A mining waste facility, the information required under Article 16 of the Mining Waste Directive.

(5) The description in this sub-paragraph is an installation where an activity listed in Annex 1 to the Industrial Emissions Directive is carried on.

Duty to consider representations

11.  Before it determines an application or makes a regulator-initiated variation, the regulator must consider any representation—

(a)made pursuant to paragraph 6(1)(b), 8(2)(b) or 9(4)(c), or

(b)sent to it under paragraph 10(3)(b).

Duty to determine an application

12.—(1) The regulator must grant or refuse a duly-made application.

(2) Except in the case of an application for the surrender of an environmental permit in whole, the regulator may grant an application subject to such conditions as it sees fit.

(3) But—

(a)variations of an environmental permit in relation to the grant of an application for variation, transfer in whole or in part, or partial surrender must be in consequence of the variation, transfer or partial surrender, as the case may be and

(b)if granting an application for partial transfer, the regulator must grant a new environmental permit to the transferee subject to the same conditions as the original permit, varied in consequence of the partial transfer.

Identity and competence of the operator

13.—(1) Subject to sub-paragraph (3), the regulator must refuse an application for the grant of an environmental permit or for the transfer in whole or in part of an environmental permit if it considers that, if the permit is granted or transferred, the requirements in sub-paragraph (2) will not be satisfied.

(2) The requirements are that the applicant for the grant of an environmental permit, or the proposed transferee, on the transfer of an environmental permit (in whole or in part), must—

(a)be the operator of the regulated facility, and

(b)operate the regulated facility in accordance with the environmental permit.

(3) The requirement in sub-paragraph (2)(b) does not apply to an applicant for the grant of an environmental permit authorising the carrying on of only a stand-alone water discharge activity, stand-alone groundwater activity or stand-alone flood risk activity.

Surrender applications

14.—(1) The regulator must accept an application for the surrender of an environmental permit in whole or in part under regulation 25(2) if it is satisfied that the necessary measures have been taken—

(a)to avoid a pollution risk resulting from the operation of the regulated facility and, in the case of a permit authorising the carrying on of a flood risk activity (in whole or in part), to avoid any of the risks specified in sub-paragraph (3), and

(b)to return the site of the regulated facility to a satisfactory state, having regard to the state of the site before the facility was put into operation.

(2) Sub-paragraph (1) does not apply to an application for the surrender of any part of an environmental permit (or if applicable, the whole permit) that authorises the carrying on of a radioactive substances activity at a nuclear site.

(3) The risks specified in this sub-paragraph are—

(a)risk of flooding;

(b)risk of harm to the environment;

(c)risk of detrimental impact on drainage.

Time limits for determination

15.—(1) If—

(a)the regulator has not determined an application within the relevant period, and

(b)the applicant serves a notice on the regulator which refers to this paragraph,

the application is deemed to have been refused on the day on which the notice is served.

(2) Sub-paragraph (1) does not apply—

(a)to an application for the grant of an environmental permit that, if granted, would authorise the carrying on of a radioactive substances activity at a nuclear site, or

(b)to an application for the transfer of an environmental permit where the permit authorises the carrying on of a radioactive substances activity at a nuclear site.

(3) In sub-paragraph (1) “the relevant period” means a period, calculated in accordance with paragraph 16, of—

(a)in the case of an application for the transfer of an environmental permit in whole or in part, 2 months,

(b)in the case of an application for the grant or variation, in whole or in part, of an environmental permit relating to a stand-alone flood risk activity only, 2 months,

(c)in a case where paragraph 6 applies, 4 months, or

(d)in any other case, 3 months,

or in any case, a longer period than the period in paragraphs (a) to (d), if it is agreed by the regulator and the applicant.

Calculation of the relevant period

16.—(1) This paragraph provides for the calculation of a period referred to in paragraph 15(3).

(2) The period starts—

(a)in the case of an application for the grant or variation of an environmental permit in relation to a Category A mining waste facility—

(i)on the day the regulator is notified by the fire and rescue authority of the matters referred to in paragraph 14(1) of Schedule 20, and for these purposes “fire and rescue authority” has the meaning given in paragraph 2 of that Schedule, or

(ii)if paragraph 10 of this Schedule applies, on the day mentioned in sub-paragraph (i) of this paragraph or, if the day on which the appropriate authority complies with paragraph 10(3) of this Schedule is later, on that day;

(b)if paragraph 10 of this Schedule applies and the application is not one covered by paragraph (a), on the day the appropriate authority complies with paragraph 10(3) of this Schedule;

(c)in all other cases, on the day the regulator receives a duly-made application.

(3) In calculating the period the following periods must be ignored—

(a)a period beginning with the service of a notice requiring further information under paragraph 4(1) to the receipt by the regulator of that information;

(b)a period for representations mentioned in paragraph 9(4)(c) to the extent that it does not overlap with a period for representations mentioned in paragraph 6(1)(c);

(c)a period of 20 days after the service of a notice under regulation 15(5);

(d)where regulation 15(6) applies, a period beginning with the day on which the regulator informs the applicant of the proposed condition and ending when the regulator is satisfied that the landowner has consented to that condition;

(e)a period during which national security or confidentiality is being considered in relation to the application, that is to say—

(i)any period during which a determination under regulation 47(3) or (7) or 50 is being considered (including any appeal), or

(ii)a period of 15 working days after the service of a notice under regulation 49(1);

(f)if the regulator informs the public in relation to a draft decision in accordance with paragraph 1(d) of Annex IV to the Industrial Emissions Directive, a period of 20 working days.

Notification of a determination or decision

17.—(1) As soon as is reasonably practicable after it determines an application or decides to make a regulator-initiated variation, the regulator must comply with sub-paragraph (2).

(2) The regulator must—

(a)notify the applicant or, for a regulator-initiated variation, the operator of—

(i)its determination or decision,

(ii)the rights of appeal the applicant or operator has under regulation 31, and

(iii)the requirements relating to the exercise of those rights in paragraphs 2 and 3 of Schedule 6, and

(b)if paragraph 10 applies, notify the appropriate authority of the determination or decision.

(3) In this paragraph, “determination” and “decision” include the reasons for the determination or decision.

Date of effect of certain determinations and decisions

18.—(1) This paragraph applies to—

(a)a determination by which the regulator grants an application which—

(i)varies an environmental permit in consequence of an application for variation, transfer in whole or in part, or partial surrender, or

(ii)grants a new environmental permit in consequence of an application for partial transfer, and

(b)a decision to make a regulator-initiated variation.

(2) The determination or decision must specify any variation and the date it is to take effect.

(3) If the regulator grants an application for the transfer of an environmental permit in whole or in part, the determination must specify the date agreed between the regulator and the applicant that the transfer is to take effect.

Form of certain determinations and decisions: consolidation of permits

19.—(1) This paragraph applies to every determination and decision to which paragraph 18 applies.

(2) A determination or decision may comprise—

(a)a consolidated permit reflecting the variations, and

(b)a notice specifying the variations included in that consolidated permit.

(3) Only the variations specified are subject to the right of appeal in regulation 31(1)(b) or (c).

Incidents and accidents: deemed condition of a permit

20.  Every environmental permit in relation to a regulated facility to which Schedule 7, 13 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.

PART 2Compensation in relation to conditions affecting certain interests in land

Interpretation

1.  In this Part—

“grantor” means a person who grants the operator rights pursuant to regulation 15(2);

“relevant interest” means an interest in land out of which rights have been granted pursuant to regulation 15(2);

“rights” means the rights granted by the grantor.

Entitlement to compensation

2.  A grantor is entitled to be paid compensation under this Part by the operator.

Loss and damage for which compensation is payable

3.—(1) Subject to paragraph 6(3) and (5)(b), compensation is payable for loss and damage of the following descriptions—

(a)depreciation in the value of any relevant interest to which the grantor is entitled which results from the grant of the rights;

(b)depreciation in the value of any other interest in land to which the grantor is entitled which results from the exercise of the rights;

(c)loss or damage, in relation to a