The Environmental Permitting (England and Wales) Regulations 2016

Regulation 35(1)

SCHEDULE 13 Waste incineration: Industrial Emissions Directive

Application

1.  This Schedule applies in relation to—

(a) every small waste incineration plant, and

(b) every waste incineration plant or waste co-incineration plant,

to which Chapter IV of the Industrial Emissions Directive applies, except those which are operated as a domestic activity in connection with a private dwelling.

Interpretation

2.  When interpreting Chapter IV of the Industrial Emissions Directive for the purposes of this Schedule—

(a) an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b) the competent authority is the regulator;

(c) “permit” means environmental permit;

(d) “general binding rule” means a standard rule published under regulation 26.

Applications for the grant of an environmental permit

3.  The regulator must ensure that every application for the grant of an environmental permit includes the information specified in Article 44 of the Industrial Emissions Directive.

Exercise of relevant functions

4.—(1) The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Industrial Emissions Directive—

(a) Article 5(1) and (3);

(b) Article 7;

(c) Article 8(2);

(d) Article 9;

(e) Article 42(1)

(f) Article 43;

(g) Article 45(1), (2) and (4);

(h) Article 46;

(i) Article 47;

(j) Article 48(1) to (4);

(k) Article 49;

(l) Article 50;

(m) Article 51(1) to (3);

(n) Article 52;

(o) Article 53;

(p) Article 54;

(q) Article 55;

(r) Article 82(5) and (6).

(2) But when interpreting the Industrial Emissions Directive for the purposes of this Schedule—

(a) in Article 51(1) ignore the words “Member states may lay down rules governing these authorisations”;

(b) paragraph 2.1(c) of Part 6 of Annex VI is to be read as if the words “and dioxin-like polychlorinated biphenyls and polycyclic aromatic hydrocarbons” appeared after the word “furans”, but only in the case of particular plants where the regulator can demonstrate that emissions of those additional substances are, or are likely to be, significant.