SCHEDULE 5Environmental permits

C1PART 1Grant, variation, transfer and surrender of environmental permits

Annotations:
Modifications etc. (not altering text)

Surrender applications14

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.