Statutory Instruments
ENVIRONMENTAL PROTECTION, ENGLAND AND WALES
Made
13th December 2007
Coming into force
6th April 2008
Application of these Regulations to the Crown and requirement for an environmental permit
Variation, transfer, revocation and surrender of an environmental permit
Powers and functions of the regulator and the appropriate authority
Miscellaneous and transitional provision, savings, consequential amendments, revocations and repeals
These Regulations are made in exercise of the powers conferred by section 2 of, and Schedule 1 to, the Pollution Prevention and Control Act 1999(1).
The Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales, have in accordance with section 2(4) of that Act consulted(2)—
(a) the Environment Agency;
(b) such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they consider appropriate; and
(c) such other bodies or persons as they consider appropriate.
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 that Act(3).
Accordingly, the Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make the following Regulations—
1.—(1) These Regulations—
(a) may be cited as the Environmental Permitting (England and Wales) Regulations 2007;
(b) come into force on 6th April 2008; and
(c) extend to England and Wales only.
(2) For the purposes of this regulation—
(a) England and Wales includes the sea adjacent to England and Wales out as far as the seaward boundary of the territorial sea; and
(b) the sea adjacent to Wales has the same meaning as in section 158 of the Government of Wales Act 2006(4).
2.—(1) Except where otherwise provided, in these Regulations—
“the 1990 Act” means the Environmental Protection Act 1990(5);
“the 1995 Act” means the Environment Act 1995(6);
“the 1994 Regulations” means the Waste Management Licensing Regulations 1994(7);
“the 2000 Regulations” means the Pollution Prevention and Control (England and Wales) Regulations 2000(8);
“activity” means, subject to Part 1 of Schedule 1, an activity listed in Part 2 of that Schedule;
“the Agency” means the Environment Agency;
“agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act 1947(9);
“appropriate authority” means—
in relation to England, the Secretary of State, and
in relation to Wales, the Welsh Ministers;
“directly associated activity” means—
in relation to a SED activity, an operation which—
has a technical connection with the SED activity,
is carried on on the same site as the SED activity, and
could have an effect on a discharge of volatile organic compounds into the environment;
in relation to any other activity, an operation which—
has a technical connection with the activity,
is carried on on the same site as the activity, and
could have an effect on pollution;
“disposal” has the same meaning as in the Waste Framework Directive and related terms must be construed accordingly;
“emission” means—
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,
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,
in relation to Part A mobile plant, the direct or indirect release of substances, vibrations, heat or noise from the mobile plant into the air, water or land,
in relation to Part B mobile plant, the direct release of substances or heat from the mobile plant into the air, and
in relation to a waste operation not falling within paragraph (a) to (d), 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;
“the End-of-Life Vehicles Directive” means Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles(10);
“enforcement notice” has the meaning given in regulation 36(1);
“environmental permit” has the meaning given in regulation 13(1);
“establishment” has the same meaning as in the Waste Framework Directive;
“excluded waste operation” has the meaning given in regulation 4;
“exempt waste operation” has the meaning given in regulation 5;
“exemption registration authority” has the meaning given in paragraph 2 of Schedule 2;
“hazardous waste”, except in Section 5.1 of Part 2 of Schedule 1, has the meaning given by—
“installation” means (except where used in the definition of “excluded plant” in Section 5.1 of Part 2 of Schedule 1)—
a stationary technical unit where one or more activities are carried on, and
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;
“the IPPC Directive” means Council Directive 96/61/EC concerning integrated pollution prevention and control(13);
“landfill” has the meaning given in Article 2(g) of the Landfill Directive;
“landfill closure notice” means a closure notice served under paragraph 10 of Schedule 10;
“the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste(14), as read with Council Decision 2003/33/EC(15) establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC;
“local authority” has the meaning given in regulation 6;
“mobile plant” means plant which—
is not an installation,
is used to carry on an activity or waste operation, and
where not used to carry on a Part A activity, is designed to move or be moved whether on roads or other land;
“non-hazardous waste”, except in Section 5.1 of Part 2 of Schedule 1, means waste which is not hazardous waste;
“operator” has the meaning given in regulation 7;
“Part A installation”, “Part A(1) installation”, “Part A(2) installation” and “Part B installation” have the meanings given in regulation 3(2);
“Part A mobile plant”, “Part A(1) mobile plant”, “Part A(2) mobile plant” and “Part B mobile plant” have the meanings given in regulation 3(3);
“pollution” means any emission as a result of human activity which may—
be harmful to human health or the quality of the environment,
cause offence to a human sense,
result in damage to material property, or
impair or interfere with amenities and other legitimate uses of the environment;
“public register” has the meaning given by regulation 46(1);
“recovery” has the same meaning as in the Waste Framework Directive and related terms must be construed accordingly;
“regulated facility” has the meaning given by regulation 8;
“regulator” means the authority on whom functions are conferred by regulation 32, or by a direction under regulation 33;
“relevant function” has the meaning given by regulation 9;
“revocation notice” means a notice served under regulation 22(3);
“rule-making authority” means—
in relation to a regulated facility for which a local authority is the regulator, the appropriate authority, and
in relation to any other regulated facility, the Agency;
“standard facility” means a regulated facility described in standard rules published under regulation 26(5);
“SED activity” means an activity falling within section 7 of Part 2 of Schedule 1;
“SED installation” means—
a stationary technical unit where one or more SED activities are carried on, and
any other location on the same site where any other directly associated activities are carried on;
“suspension notice” has the meaning given in regulation 37(1);
“undertaking” has the same meaning as in the Waste Framework Directive;
“waste”, except where otherwise defined, means anything that—
is waste for the purposes of the Waste Framework Directive, and
is not excluded from the scope of that Directive by Article 2(1) of that Directive;
“the Waste Framework Directive” means Directive 2006/12/EC of the European Parliament and of the Council on waste(16);
“the Waste Incineration Directive” means Directive 2000/76/EC of the European Parliament and of the Council on the incineration of waste(17);
“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;
“WEEE” has the meaning given by Article 3(b) of the WEEE Directive;
“WEEE Directive” means Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment(18); and
“working day” means a day other than—
a Saturday or a Sunday,
Good Friday or Christmas Day, or
a day which is a bank holiday under the Banking and Financial Dealings Act 1971(19).
(2) Where the duration of a period of time is expressed as being from one event to another event, that period—
(a) starts on the day on which the first event occurs, and
(b) ends on the day on which the second event occurs.
(3) In these Regulations, a power to give a direction includes a power to vary or revoke it.
3.—(1) In these Regulations—
“Part A activity” means a Part A(1) activity or a Part A(2) activity;
“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; and
“Part B activity” means an activity falling within Part B of any Section in Part 2 of Schedule 1.
(2) In these Regulations—
“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, including an installation also carrying on a Part A(2) activity or a Part B activity;
“Part A(2) installation” means an installation where a Part A(2) activity is carried on, not being a Part A(1) installation but including an installation also carrying on a Part B activity; and
“Part B installation” means, subject to Sections 2.2, 5.1 and 6.4 of Part 2 of Schedule 1, an installation where a Part B activity is carried on, not being a Part A installation.
(3) In these Regulations—
“Part A mobile plant” means Part A(1) mobile plant or Part A(2) mobile plant;
“Part A(1) mobile plant” means mobile plant used to carry on a Part A(1) activity, including plant also carrying on a Part A(2) activity or a Part B activity;
“Part A(2) mobile plant” means mobile plant used to carry on a Part A(2) activity, not being Part A(1) mobile plant but including plant also carrying on a Part B activity; and
“Part B mobile plant” means mobile plant used to carry out a Part B activity, not being Part A mobile plant.
4. In these Regulations, “excluded waste operation” means—
(a) a waste operation which is or forms part of an operation which—
(i) is the subject of a licence under Part II of the Food and Environment Protection Act 1985(20), or
(ii) by virtue of an order under section 7 of that Act, does not require such a licence;
(b) the disposal of liquid waste under a consent under Chapter II of Part III of the Water Resources Act 1991(21);
(c) the disposal of agricultural waste in or on land under an authorisation under regulation 18 of the Groundwater Regulations 1998(22);
(d) the disposal or recovery of waste which is not to be treated as industrial waste or commercial waste by virtue of regulation 7(1) of the Controlled Waste Regulations 1992(23).
5.—(1) In these Regulations, a waste operation is an “exempt waste operation” if—
(a) the requirements in paragraph 3(1) of Schedule 2 are met in respect of the waste operation;
(b) it falls within a description in Part 1 of Schedule 3; and
(c) 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 4(1) of the Waste Framework Directive.
(2) But a waste operation is not an exempt waste operation to the extent that it involves hazardous waste or the storage or treatment of WEEE, unless otherwise indicated in Part 1 of Schedule 3.
(3) Schedule 2 (exempt waste operations: general) has effect.
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(24) that authority is the local authority for the area covered by that district in relation to a Part B installation.
7. In these Regulations “operator” means—
(a) the person who has control over the operation of a regulated facility;
(b) if a regulated facility has not been put into operation, the person who will have control over the facility when it is put into operation; or
(c) if a regulated facility has ceased to be in operation, the person who holds the environmental permit which authorised the operation of the facility.
8.—(1) Subject to paragraphs (2) and (3), in these Regulations, “regulated facility” means any of the following—
(a) an installation,
(b) mobile plant other than waste mobile plant,
(c) waste mobile plant,
(d) a waste operation not carried on at an installation or by means of mobile plant.
(2) An exempt waste operation is not a regulated facility.
(3) The following are not regulated facilities within paragraph (1)(c) or (d)—
(a) an excluded waste operation,
(b) 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.
(4) In this regulation—
“household waste” has the meaning given in section 75(5) of the 1990 Act; and
“waste mobile plant” means mobile plant which—
is used to carry on a waste operation, and
is not Part A mobile plant or Part B mobile plant.
9. In these Regulations, “relevant function” means one of the following functions—
(a) determining an application—
(i) for an environmental permit under regulation 13(1),
(ii) to vary an environmental permit under regulation 20(1),
(iii) to transfer an environmental permit in whole or in part under regulation 21(1),
(iv) to surrender 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),
(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 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);
(e) exercising any of the following powers relating to enforcement—
(i) the power to serve an enforcement notice, or
(ii) the power to serve a suspension notice.
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) delivering it to him in person;
(b) leaving it at his proper address, or
(c) sending it by post or electronic means to his proper address.
(4) In the case of a body corporate, an instrument may be served on or given to the secretary or clerk of that body.
(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) If a person to be served with or given an instrument has specified an address in the United Kingdom other than his proper address at which he or someone on his behalf will accept instruments of that description, that address must also be treated as his proper address.
(7) For the purposes of this regulation, “proper address” means—
(a) in the case of a body corporate or their secretary or clerk—
(i) the registered or principal office of that body, or
(ii) the email address of the 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.
(8) For the purposes of paragraph (7), 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.
(9) A form provided by the regulator which specifies an electronic address for submission may be submitted electronically to that address.
(10) A form provided by the regulator for completion and submission through a website may be submitted through that site.
11. Schedule 4 (application of these Regulations to the Crown) has effect.
12. No person may operate a regulated facility except under and to the extent authorised by an environmental permit.
13.—(1) On the application of an operator, the regulator may grant to that operator a permit (in these Regulations, an “environmental permit”) authorising the operation of a regulated facility.
(2) Part 1 (grant, variation, transfer and surrender of environmental permits) of Schedule 5 applies in relation to an application for the grant of an environmental permit.
14.—(1) An environmental permit must specify—
(a) every regulated facility to which it relates, and
(b) the person authorised to operate that regulated facility.
(2) An environmental permit may be in electronic form.
(3) An environmental permit authorising the operation of a regulated facility, other than mobile plant, must include a map, plan or other description of the site showing the geographical extent of the site of the facility.
(4) If there is more than one regulated facility on the site, the map, plan or other description may show only the combined extent of all the facilities.
15.—(1) Conditions in an environmental permit may require the operator to carry out works or do other things in relation to land which he is not entitled to do 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 (compensation in relation to conditions affecting certain interests in land) of Schedule 5 applies where such rights are granted.
16. If—
(a) an environmental permit (“permit A”) authorises the operation of mobile plant on the site of a regulated facility the operation of which is authorised by 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.
17. An environmental permit may authorise the operation by the same operator—
(a) on the same site of more than one regulated facility, other than a Part B installation or Part B mobile plant;
(b) on the same site of more than one Part B installation;
(c) of more than one mobile plant; or
(d) of more than one standard facility (other than a standard facility to which the IPPC Directive applies),
but may not otherwise authorise the operation of more than one regulated facility.
18.—(1) Paragraph (2) applies if there is more than one environmental permit which authorises—
(a) the operation of mobile plant by the same operator;
(b) the operation of standard facilities, not being standard facilities to which the IPPC Directive applies, by the same operator; or
(c) in any other case, the operation of regulated facilities on the same site by the same operator.
(2) The regulator may replace the environmental permits with a consolidated environmental permit—
(a) applying to the same regulated facilities; and
(b) subject to the same conditions as the permits being replaced.
(3) The regulator may replace an environmental permit which has been varied with a consolidated environmental permit subject to the same conditions.
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; or
(c) it is replaced with a consolidated permit in accordance with—
(i) regulation 18(2),
(ii) regulation 22(5),
(iii) paragraph 19(2) of Part 1 of Schedule 5.
20.—(1) The regulator may vary an environmental permit on the application of the operator or on its own initiative.
(2) But a variation made under paragraph (1) must not reduce the extent of the site of a regulated facility.
(3) Paragraph (2) does not apply to Part B installations.
(4) Part 1 (grant, variation, transfer and surrender of environmental permits) of Schedule 5 applies in relation to an application to vary an environmental permit or a proposal to vary an environmental permit on the initiative of the regulator under paragraph (1).
21.—(1) The regulator may transfer an environmental permit in whole or in part from the operator to another person on the joint application of the operator and that other person.
(2) Part 1 (grant, variation, transfer and surrender of environmental permits) of Schedule 5 applies in relation to the transfer of an environmental permit in whole or in part.
(a) an enforcement 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 is also transferred to the other person to the extent that it relates to the permit or part transferred.
22.—(1) The regulator may revoke an environmental permit in whole or in part.
(2) If the regulator revokes a 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 from 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; or
(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 change.
(6) If the regulator issues such a consolidated permit—
(a) it must at the same time serve a notice on the operator specifying any variation to the permit conditions; and
(b) only the variations specified are subject to the right of appeal in regulation 31(1)(b).
23.—(1) This paragraph applies where the regulator has decided to revoke an environmental permit and it 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 paragraph does not apply in relation to a Part B installation or Part B mobile plant.
(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 of failing to comply with or contravening a condition in regulation 38(1)(b).
24.—(1) This regulation applies to—
(a) an environmental permit for mobile plant;
(b) an environmental permit for a Part B installation; and
(c) any part of an environmental permit which relates to an activity falling within Part A(2) of section 5.1 of Part 2 of Schedule 1.
(2) An operator may surrender an environmental permit to which this regulation applies, in whole or in part, by notifying the regulator of the surrender.
(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 must not be less than 20 working days from the date on which the notification is given.
(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), the variation and partial surrender both take effect on the later date.
25.—(1) This regulation applies to the surrender of an environmental permit to which regulation 24 does not apply.
(2) An operator may surrender an environmental permit to which this regulation applies, in whole or in part, by application to the regulator.
(3) Part 1 (grant, variation, transfer and surrender of environmental permits) of Schedule 5 applies in relation to an application to surrender an environmental permit in whole or in part.
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 or bodies 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.
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 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.
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, which must not be less than 3 months from the date the notification is served; and
(c) that on this date the revised rules will become conditions of the environmental permit.
(3) But the authority may publish the revised rules before 3 months from the date the notification is served if the revisions comprise only minor administrative changes.
(4) The revised rules take effect when published under regulation 26(5).
(5) In this regulation “relevant environmental permit” means an environmental permit which will be affected by the proposed revisions.
29. The rule-making authority may revoke standard rules, but before doing so must consult the persons and bodies referred to in regulation 26(2).
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 have been 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).
31.—(1) Subject to paragraphs (2) and (3), the following persons may appeal to the appropriate authority—
(a) a person whose application—
(i) for the grant of an environmental permit,
(ii) to vary an environmental permit,
(iii) to transfer an environmental permit in whole or in part, or
(iv) to surrender an environmental permit in whole or in part,
is refused;
(b) a person who is aggrieved by an environmental permit condition imposed—
(i) following an application for the grant of an environmental permit,
(ii) following an application to vary an environmental permit,
(iii) pursuant to a regulator initiated variation, or
(iv) to take account of the transfer in whole or in part or the partial surrender of an environmental permit;
(c) a person who is aggrieved by the deemed withdrawal of a duly-made application under paragraph 4(2) of Schedule 5;
(d) a person who is aggrieved by a decision not to authorise the closure procedure mentioned in Article 13 of the Landfill Directive after a request referred to in Article 13(a)(ii) of that Directive;
(e) a person on whom a revocation notice, enforcement notice, suspension notice or landfill closure notice is served.
(2) Paragraph (1) does not apply where the relevant decision or notice implements a direction of the appropriate authority given under—
(a) regulation 61(1);
(b) regulation 62(1);
(c) regulation 62(6); or
(d) paragraph (4).
(3) Paragraph (1)(e) 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 65(1) in respect of the subsistence of an environmental permit.
(4) When determining an appeal in respect of a decision the appropriate authority has the same powers as the regulator had when making the decision.
(5) Schedule 6 (appeals to the appropriate authority) has effect in relation to the making and determination of appeals under this regulation.
(6) On determining an appeal under paragraph (1) in respect of a notice the appropriate authority—
(a) may quash or affirm the notice; and
(b) if it affirms, may do so in its original form or with such modifications as it thinks fit.
(7) On the determination of an appeal against 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) of Schedule 6.
(8) An appeal under paragraph (1) does not have the effect of suspending the decision or notice in question.
(9) But where an appeal is brought against a revocation notice, the revocation does not take effect until the final determination or the withdrawal of the appeal.
32.—(1) Functions in relation to a Part A(1) installation or Part A(1) mobile plant are exercisable by the Agency.
(2) Functions in relation to a Part A(2) installation or a Part B installation are exercisable by the local authority in whose area the installation is or will be operated.
(3) If the operator of Part A(2) mobile plant or Part B mobile plant has his principal place of business in England and Wales, functions in relation to that plant are exercisable by the local authority in whose area the place of business is.
(4) If the operator of Part A(2) mobile plant or Part B mobile plant does not have his principal place of business in England and Wales, functions in relation to that plant are exercisable by—
(a) the local authority which granted the environmental permit authorising the operation of the plant; or
(b) if no permit has been granted, the local authority in whose area the plant is first operated, or is intended to be first operated.
(5) Functions in relation to a waste operation which is carried on other than at an installation, or by Part A mobile plant or Part B mobile plant, are exercisable by the Agency.
33.—(1) An appropriate authority may direct—
(a) the 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 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 of regulated facility or a specific regulated facility.
(4) A direction under paragraph (1)(b) may not be made in relation to a waste operation carried on other than at an installation or by means of 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) the Agency; and
(b) any local authority or other person who in the appropriate authority’s opinion are 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 this regulation—
“local authority functions” means functions which are exercisable by a local authority by virtue of regulation 32 or paragraph 2 of Schedule 2 (ignoring any direction under this regulation); and
“Agency functions” means functions which are exercisable by the Agency by virtue of regulation 32 or paragraph 2 of Schedule 2 (ignoring any direction under this regulation).
34.—(1) The regulator must periodically review environmental permits.
(2) The regulator must make appropriate periodic inspections of regulated facilities.
35. The following Schedules, which contain provision in relation to types of regulated facility, have effect—
(a) Schedule 7 (provision in relation to Part A installations and Part A mobile plant);
(b) Schedule 8 (provision in relation to Part B installations and Part B mobile plant);
(c) Schedule 9 (provision in relation to waste operations);
(d) Schedule 10 (provision in relation to landfill);
(e) Schedule 11 (provision in relation to waste motor vehicles);
(f) Schedule 12 (provision in relation to waste electrical and electronic equipment);
(g) Schedule 13 (provision in relation to waste incineration);
(h) Schedule 14 (provision in relation to SED installations);
(i) Schedule 15 (provision in relation to certain combustion plants);
(j) Schedule 16 (provision in relation to asbestos);
(k) Schedule 17 (provision in relation to titanium dioxide);
(l) Schedule 18 (provision in relation to petrol vapour recovery).
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 him under this regulation (in these Regulations, an “enforcement notice”).
(2) An enforcement 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 an enforcement notice include steps—
(a) to make the operation of a regulated facility comply with the environmental permit conditions; and
(b) to remedy the effects of pollution caused by the contravention.
(4) The regulator may withdraw an enforcement notice at any time by further notice served on the operator.
37.—(1) If the regulator considers that the operation of a regulated facility under an environmental permit involves a risk of serious pollution, it may serve a notice on the operator under this regulation (in these Regulations, a “suspension notice”).
(2) Paragraph (1) applies whether or not the manner of operating the facility which involves the risk is subject to or contravenes an environmental permit condition.
(3) A suspension notice must—
(a) state the regulator’s view under paragraph (1);
(b) specify—
(i) the risk of serious pollution mentioned in that paragraph,
(ii) the steps that must be taken to remove that risk, and
(iii) the period within which the steps must be taken;
(c) state that the environmental permit ceases to have effect to the extent specified in the notice until the notice is withdrawn; and
(d) if the environmental permit continues to authorise an operation, state any steps (in addition to those already required to be taken by the environmental permit conditions) that are to be taken when carrying on that operation.
(4) If a suspension notice is served the environmental permit ceases to have effect to the extent stated in the notice.
(5) 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.
38.—(1) It is an offence for a person—
(a) to contravene, or knowingly cause or knowingly permit the contravention of, regulation 12;
(b) to fail to comply with or to contravene an environmental permit condition;
(c) to fail to comply with the requirements of an enforcement notice, a suspension notice or a landfill closure notice;
(d) to fail to comply with a notice under regulation 60(2) requiring the provision of information, without reasonable excuse;
(e) to make a statement which he 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, or
(ii) for the purpose of obtaining the grant of an environmental permit to himself or another person, or the variation, transfer in whole or in part, or surrender in whole or in part of an environmental permit;
(f) intentionally to make a false entry in a record required to be kept under an environmental permit condition;
(g) 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 his possession a document so closely resembling such a document as to be likely to deceive.
(2) It is an offence for an establishment or undertaking to—
(a) fail to comply with paragraph 9 or 12(3) of Schedule 2; or
(b) intentionally make a false entry in a record required to be kept under paragraph 12(3) of Schedule 2.
(3) 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.
39.—(1) A person guilty of an offence under regulation 38(1)(a), (b) or (c) is liable—
(a) on summary conviction to a fine not exceeding £50,000 or imprisonment for a term not exceeding 12 months, or to both; or
(b) on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years, or to both.
(2) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003(25), paragraph (1)(a) has effect as if—
(a) for “£50,000” there were substituted “£20,000”; and
(b) for “12 months” there were substituted “6 months”.
(3) A person guilty of an offence under regulation 38(1)(d), (e), (f) or (g) is liable—
(a) on summary conviction to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.
(4) An establishment or undertaking guilty of an offence under regulation 38(2) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
40. It is a defence for a person charged with an offence under regulation 38(1)(a), (b) or (c) 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) he 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.
41.—(1) If an offence committed under these Regulations by a body corporate is shown—
(a) to have been committed with the consent or connivance of an officer; or
(b) to be attributable to any neglect on his part,
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 his functions of management as if he were a director of the body.
(3) In this regulation, “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.
42. If the regulator considers that proceedings against a person for an offence under regulation 38(1)(c) would afford an ineffectual remedy against the person, the regulator may take proceedings in the High Court for the purpose of securing compliance with the enforcement notice, suspension notice or landfill closure notice.
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.
44.—(1) This regulation applies where a person is convicted of an offence under regulation 38(1)(a), (b) or (c) in respect of a matter which appears to the court to be a matter which it is in his 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.
45. In this Part—
“confidential information” means information that is commercially or industrially confidential in relation to any person;
“final confidentiality decision” means—
a determination made in accordance with regulation 51,
a determination under section 22(2) or 66(2) of the 1990 Act,
a determination under regulation 31(2) of the 2000 Regulations, or
the determination or withdrawal of an appeal in relation to a determination referred to in sub-paragraphs (a) to (c);
“the information subject” means the person to whom information relates;
“objection notice” means a notice given under regulation 48(1)(b).
46.—(1) Subject to regulations 47 and 48, the regulator must maintain a register containing the information in paragraph 1 of Schedule 19 (in these Regulations, a “public register”).
(2) But, 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) A local authority must also include on its public register any information which is included on the Agency’s public register in respect of a regulated facility (other than mobile plant)—
(a) for which the Agency is the regulator; and
(b) which is in the area of the authority.
(5) But—
(a) paragraph (4) does not apply to a port health authority; and
(b) every local authority whose area adjoins that of a port health authority must comply with paragraph (4) as if the port health authority had not been constituted.
(6) The Agency must provide the local authority with the information necessary to comply with paragraph (4).
(7) The regulator must enter information on its public register as soon as reasonably practicable after it comes within the regulator’s possession.
(8) 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.
(9) A public register may be kept in any form.
47.—(1) The appropriate authority may direct the regulator that in the interests of national security specified information or a specified description of information must be excluded from a public register.
(2) The regulator must notify the appropriate authority of any information 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 a specified description of information must be referred to the authority for its determination before the information is included on a public register.
(4) A person may give a notice to the appropriate authority stating that in his 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.
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 he 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.
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.
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.
51.—(1) When making a determination required by 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.
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.
53.—(1) The information subject may give notice of appeal to the appropriate authority against a determination under regulation 51 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 (except paragraph 5(3)(c)) of Schedule 6 as if it was a hearing under paragraph 5(1) of that Schedule, save that “the appellant” must be read as “the information subject”.
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.
55.—(1) The regulator must cease to treat information as confidential information at the expiry of—
(a) a period of four 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 he 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.
56.—(1) The appropriate authority may direct the regulator that specified information, or a specified description of information, must be included on the public register even though it is confidential information.
(2) But, 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.
57.—(1) If the regulator considers that the operation of a regulated facility under an environmental permit involves a risk of serious pollution, it may arrange for steps to be taken to remove that risk.
(2) If the commission of an offence under regulation 38(1)(a), (b) or (c) causes pollution, the regulator may arrange for steps to be taken to remedy the effects of that pollution.
(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 operator.
(5) But costs are not recoverable under paragraph (4)—
(a) if the steps referred to in paragraph (1) are taken and the operator shows that there was no risk of serious pollution; or
(b) to the extent that the operator shows that the costs were unnecessarily incurred by the regulator.
58.—(1) This regulation applies to Part A installations and Part A mobile plant for which a local authority is the regulator.
(2) At any time the 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 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 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.
59.—(1) The 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 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 Agency must—
(a) keep the statement under review;
(b) revise the statement when it considers necessary; and
(c) publish any revised statement.
(4) The Agency must comply with any published statement when exercising its functions under regulations 26 and 29, and Schedules 2 and 3.
(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; and
(c) paragraphs 6 and 8(2) of Schedule 5.
60.—(1) For the purposes of discharging its functions under these Regulations, an appropriate authority may, by notice served on a regulator, require the regulator to provide such information as is specified in the notice.
(2) For the purposes of discharging its functions under these Regulations, a regulator may, by notice served on any person, require that person to provide such information in such form and within such period as is specified in the notice.
(3) A notice under paragraph (2) 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.
(4) For the purposes of this regulation the discharge by the appropriate authority of—
(a) an obligation of the United Kingdom under the Community Treaties; or
(b) an international obligation of the United Kingdom,
must be treated as a function of the authority under these Regulations.
(5) 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.
61.—(1) An appropriate authority may give directions to the regulator 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 to exercise or not to exercise—
(a) specified powers;
(b) its powers in specified circumstances; or
(c) its powers in a specified manner.
(3) The regulator must comply with a direction given to it under these Regulations.
62.—(1) An appropriate authority may give directions to the 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 his 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 it, the appropriate authority—
(a) may afford the applicant and the regulator an opportunity of appearing before and being heard by a person appointed by him, 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 of the day 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 5(6) and 6 (except paragraph 5(3)(c)) of Schedule 6 as if it was a hearing under paragraph 5(1) of that Part of that Schedule with the following modifications—
(a) “the appellant” must be read as “the applicant”;
(b) “the appeal” must be read as “the application”.
(6) On determining an application referred to it under this paragraph 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) to vary an environmental permit.
63.—(1) This regulation applies where an appropriate authority receives information pursuant to Article 17(1) of the IPPC 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 17(2) of the IPPC Directive, the appropriate authority must direct the 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.
64.—(1) An appropriate authority may issue guidance to a regulator or exemption registration authority with respect to the exercise of its functions under these Regulations.
(2) In the exercise of those functions the regulator or exemption registration authority must have regard to the guidance.
65.—(1) An appropriate authority may make, and from time to time revise, a scheme prescribing—
(a) fees payable in respect of applications—
(i) for the grant of an environmental permit,
(ii) to vary an environmental permit,
(iii) to transfer an environmental permit in whole or in part,
(iv) to surrender an environmental permit in whole or in part;
(b) fees payable in respect of a variation on the initiative of the regulator under regulation 20(1); and
(c) charges payable 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 local authorities—
(a) in exercising their functions under these Regulations;
(b) in making payment to the Agency in relation to the exercise of its functions under regulation 58;
(c) in making payment to any person who prepares guidance in relation to regulated facilities and regulated activities for which those authorities are the regulator.
(4) A scheme must provide for the payment of sums by a local authority to the Agency where those sums are related to expenditure by the Agency under regulation 58 or in preparing guidance referred to in paragraph (3)(c).
(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 the permit.
66.—(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.
(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(26).
67. In this Part—
“at the relevant time” means immediately before the coming into force of these Regulations;
“disposal licence” means a disposal licence issued under section 5 of the Control of Pollution Act 1974(27);
“PPC permit” means a permit granted under regulation 10 of the 2000 Regulations(28);
“transitional application” means an application mentioned in regulation 70(1)(c) or (d) or to which regulation 71 applies; and
“waste management licence” means a licence granted under section 35 of the 1990 Act(29).
68.—(1) Section 33(1)(a) of the 1990 Act does not apply to an operation falling within a description in Part 2 of Schedule 3.
(2) But, paragraph (1) does not apply—
(a) to the extent that the operation involves hazardous waste, or the storage or treatment of WEEE, unless otherwise indicated in that Part;
(b) in relation to an operation falling within a description in paragraph 50, 51 or 52 of Schedule 3 unless the operation is carried on—
(i) by or with the consent of the occupier of the land where it is carried on, or
(ii) by a person who is otherwise entitled to do so on that land.
(3) Schedule 20 (further provision in relation to waste) has effect.
69.—(1) Except where it is the subject of a transitional application, a disposal licence, PPC permit or waste management licence which was in force at the relevant time becomes an environmental permit on the coming into force of these Regulations and must be treated as if it was granted under regulation 13(1).
(2) The holder of a waste management licence which becomes an environmental permit under these Regulations must be treated as the operator under that permit for the purposes of these Regulations.
(3) An establishment or undertaking which at the relevant time was registered in relation to an exempt activity under regulation 18 of the 1994 Regulations(30) is deemed to be registered in relation to an exempt waste operation under Schedule 2 on the coming into force of these Regulations.
(4) The information on any register at the relevant time which was required to be kept by—
(a) section 20(1) or 64(1) of the 1990 Act(31); or
(b) regulation 29(1) of the 2000 Regulations,
is deemed to become information kept on a public register under these Regulations on their coming into force, to the extent that such keeping is required.
(5) Paragraph (6) applies where—
(a) a PPC permit authorising the operation of an installation becomes an environmental permit by virtue of these Regulations; and
(b) the environmental permit does not contain a condition giving effect to Article 12(1) of the IPPC Directive.
(6) If this paragraph applies, the environmental permit must be read as if it contained the following condition—
“If the operator proposes to make a change in operation of the installation, he must, at least 14 days before making the change, notify the regulator in writing. The notification must contain a description of the proposed change in operation. It is not necessary to make such a notification if an application to vary this permit has been made and the application contains a description of the proposed change. In this condition “change in operation” means a change in the nature or functioning, or an extension, of the installation, which may have consequences for the environment.”.
70.—(1) Each of the following becomes an environmental permit on the determination date and must be treated as if it was granted under regulation 13(1)—
(a) a PPC permit which was the subject of an application for grant, outstanding at the relevant time, except an application to which regulation 71 applies;
(b) a waste management licence which was the subject of an application for grant, outstanding at the relevant time;
(c) a PPC permit which was the subject of an application, outstanding at the relevant time, for variation, transfer or surrender under, respectively, regulation 17, 18 or 19 of the 2000 Regulations;
(d) a waste management licence which was the subject of an application, outstanding at the relevant time, for modification, surrender or transfer under, respectively, section 37, 39 or 40 of the 1990 Act.
(2) In this regulation, “determination date” means—
(a) if an application is refused and the applicant appeals against that refusal, the date the appeal is determined or withdrawn;
(b) if an application is granted and the applicant appeals against the imposition of conditions, the date the appeal is determined or withdrawn;
(c) in any other case, the day following the last day on which an appeal against—
(i) the refusal of an application, or
(ii) the imposition of conditions pursuant to an application,
could be made, determined in accordance with the applicable provisions of the 1990 Act or the 2000 Regulations, as the case may be.
71.—(1) This regulation applies to an application for the grant of a PPC permit which falls within paragraph (2).
(2) An application falls within this paragraph if—
(a) it was outstanding at the relevant time; and
(b) the operation to which the application relates is carried on at an installation or by means of mobile plant which was at the time of the application an existing Part A installation or mobile plant.
(3) A PPC permit granted on the determination of an application to which this regulation applies becomes an environmental permit on the determination date and must be treated as if it was granted under regulation 13(1).
(4) In this regulation, “existing” and “determination date” have the meanings given at the relevant time by paragraph 6 of Schedule 3 to the 2000 Regulations.
72.—(1) Notwithstanding their repeal or revocation by these Regulations, the provisions of the 1990 Act, the 2000 Regulations and the 1994 Regulations continue to have effect for the purposes of—
(a) determining an application for the grant of a PPC permit or waste management licence which was outstanding at the relevant time;
(b) giving effect to a notice served before the coming into force of these Regulations;
(c) determining an appeal brought before the coming into force of these Regulations; and
(d) bringing and determining an appeal, after the coming into force of these Regulations, in respect of—
(i) the determination of an application referred to in sub-paragraph (a), or
(ii) a notice served before the coming into force of these Regulations.
(2) The enactments repealed, revoked and amended by these Regulations continue to have effect until the determination date as if they had not been repealed, revoked or amended, for any purpose in connection with—
(a) a transitional application; and
(b) an operation to which such an application relates,
and these Regulations, other than this paragraph, do not apply for such a purpose until that date.
(3) Notwithstanding their repeal by these Regulations, the provisions of the 1990 Act continue to have effect for the purposes of paragraph 20 of Schedule 1 to the Pollution Prevention and Control Act 1999.
(4) Notwithstanding its revocation by these Regulations, paragraph 7 of Schedule 4 to the 1994 Regulations continues to have effect in relation to sections 12(3A), 31(3) and 36(3) of the Town and Country Planning Act 1990(32) to the extent that those provisions are saved by—
(a) in England, article 4 of, and Schedule 2 to, the Planning and Compulsory Purchase Act 2004 (Commencement No. 2, Transitional Provisions and Savings) Order 2004(33);
(b) in Wales, article 3 of, and Schedule 2 to, the Planning and Compulsory Purchase Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005(34).
(5) Notwithstanding its revocation by these Regulations, regulation 3 of the 1994 Regulations continues to have effect for the purposes of Schedule 5 to those Regulations.
(6) Notwithstanding the revocation of regulation 12(10) of the 2000 Regulations by these Regulations, any condition implied in a permit by that regulation continues to have effect when the permit becomes an environmental permit.
(7) Notwithstanding the revocation of regulation 44 of the End-of-Life Vehicles Regulations 2003(35) by these Regulations, any modification to a waste management licence made by that regulation continues to have effect when the licence becomes an environmental permit.
(8) Notwithstanding the revocation of regulation 5(1) of the Pet Cemeteries (England and Wales) Regulations 2007 by these Regulations, that regulation continues to have effect when a waste management licence to which it applies becomes an environmental permit.
(9) Notwithstanding their revocation by these Regulations, the amendments to enactments and other instruments made by the 1994 Regulations and the 2000 Regulations continue to have effect.
(10) In this regulation, “determination date”, in relation to a transitional application, has the meaning given in regulation 70(2) or 71(4), as the case may be.
73. Schedule 21 (consequential amendments) has effect.
74.—(1) The instruments specified in Schedule 22 (revocations) are revoked to the extent specified.
(2) The enactments specified in Schedule 23 (repeals) are repealed to the extent specified.
Jane Davidson
Minister for Environment, Sustainability and Housing, one of the Welsh Ministers
10th December 2007
Joan Ruddock
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs
13th December 2007
Regulations 2(1) and 3
1. In this Schedule, “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.
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 (other than a description in Section 7) 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 (other than a description in Section 7) that activity must be regarded as falling only within the description in Part A(2).
(4) If, immediately before the coming into force of these Regulations, an installation where a Part A(2) activity and a waste operation were carried out was a Part A(1) installation by virtue of paragraph 17 of Part 3 of Schedule 1 to the 2000 Regulations, that installation carries on a Part A(1) activity for the purposes of these Regulations.
3. An activity must not be taken to be an activity falling within Sections 1.1 to 6.9 of Part 2 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(36);
(c) carried on at an installation or mobile plant solely used for research, development and testing of new products and 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; or
(f) carried on as a domestic activity in connection with a private dwelling.
4.—(1) This paragraph applies for the purpose of determining whether an activity carried on in a stationary technical unit falls within a description in Part A(1) or Part A(2) of Part 2 of this Schedule which refers to capacity, other than design holding capacity.
(2) Where a person carries out several activities falling within the same description in Part A(1) or Part A(2) in different parts of the same stationary technical unit or in different stationary technical units on the same site, the capacities of each part or unit, as the case may be, must be added together and the total capacity must be attributed to each part or unit for the purpose of determining whether the activity carried on in each part or unit falls within a description in Part A(1) or Part A(2).
(3) For the purpose of sub-paragraph (2), no account must be taken of capacity when determining whether activities fall within the same description.
(4) Where an activity falls within a description in Part A(1) or Part A(2) by virtue of this paragraph it must not be taken to be an activity falling within a description in Part B (other than a description in Section 7).
5. Where an operator is authorised by an environmental permit to carry out 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) at an installation, 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.
6.—(1) Subject to sub-paragraph (2), an activity must not 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—
(a) an SED activity; or
(b) 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.
7. References in Part 2 to, or to the release into water of, a substance listed in this paragraph or to its release in a quantity which, in any period of 12 months, is greater than the background quantity by an amount specified in this paragraph are to the following substances and amounts—
| Substance | Amount greater than the background quantity (in grammes) in any period of 12 months |
|---|---|
a
Where both Altrazine and Simazine are released, the figure for both substances in aggregate is 350 grammes. |
|
| Mercury and its compounds | 200 (expressed as metal) |
| Cadmium and its compounds | 1,000 (expressed as metal) |
| All isomers of hexachlorocyclohexane | 20 |
| All isomers of DDT | 5 |
| Pentachlorophenol and its compounds | 350 (expressed as PCP) |
| Hexachlorobenzene | 5 |
| Hexachlorobutadiene | 20 |
| Aldrin | 2 |
| Dieldrin | 2 |
| Endrin | 1 |
| Polychlorinated Biphenyls | 1 |
| Dichlorvos | 0.2 |
| 1, 2—Dichloroethane | 2,000 |
| All isomers of trichlorobenzene | 75 |
| Atrazine | 350a |
| Simazine | 350a |
| Tributyltin compounds | 4 (expressed as TBT) |
| Triphenyltin compounds | 4 (expressed as TPT) |
| Trifluralin | 20 |
| Fenitrothion | 2 |
| Azinphos-methyl | 2 |
| Malathion | 2 |
| Endosulfan | 0.5 |
8.—(1) References in Part 2 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 this paragraph, “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.
1. In this Section “recovered oil” means waste oil which has been processed before being used.
(a) Burning any fuel in an appliance with a rated thermal input of 50 or more megawatts.
(b) Unless carried on as part of a Part A(2) or Part B activity, burning any—
waste oil;
recovered oil; or
fuel manufactured from, or comprising, any other waste,
in an appliance with a rated thermal input of 3 or more megawatts, but less than 50 megawatts.
1. For the purpose of paragraph (a), where two or more appliances with an aggregate rated thermal input of 50 megawatts or more 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 megawatts or more.
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. In paragraph (b)(iii), “fuel” does not include gas produced by biological degradation of waste in a landfill that does not require a permit under these Regulations.
Unless falling within Part A(1)(a) of this Section—
(a) Burning any fuel (other than a fuel mentioned in Part A(1)(b)) in—
a boiler;
a furnace;
a gas turbine; or
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;
recovered oil;
solid fuel which has been manufactured from waste by an activity involving the application of heat,
in an appliance with a rated thermal input of less than 3 megawatts.
(c) Burning fuel manufactured from or including waste (other than a fuel mentioned in paragraph (b)) in any appliance with a net rated thermal input of 0.4 or more megawatts, but a rated thermal input of less than 3 megawatts—
which is used together with other appliances which each have a rated thermal input of less than 3 megawatts; and
where the aggregate net rated thermal input of all the appliances is at least 0.4 megawatts.
1. This Part does not apply to any activity falling within Part A(1) or Part A(2) of Section 5.1.
2. In this Part, “net rated thermal input” is 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.
3. In paragraph (c), “fuel” does not include gas produced by biological degradation of waste.
(a) Refining gas where this is likely to involve the use of 1,000 or more tonnes of gas in any period of 12 months.
(b) Reforming natural gas.
(c) Operating coke ovens.
(d) Coal or lignite gasification.
(e) Producing gas from oil or other carbonaceous material or from mixtures thereof, other than from sewage, unless the production is carried out as part of an activity which is a combustion activity (whether or not that combustion activity is described in Section 1.1).
(f) Purifying or refining any product of any of the activities falling within paragraphs (a) to (e) or converting it into a different product.
(g) Refining mineral oils.
(h) The loading, unloading, handling or storage of, or the physical, chemical or thermal treatment of—
crude oil;
stabilised crude petroleum;
crude shale oil;
where related to another activity described in this paragraph, any associated gas or condensate; or
emulsified hydrocarbons intended for use as a fuel.
(i) The further refining, conversion or use (otherwise than as a fuel or solvent) of the product of any activity falling within paragraphs (g) or (h) in the manufacture of a chemical.
(j) Activities involving the pyrolysis, carbonisation, distillation, liquefaction, gasification, partial oxidation, or other heat treatment of—
coal (other than the drying of coal);
lignite;
oil;
other carbonaceous material; or
mixtures thereof,otherwise than with a view to making charcoal.
(k) Odorising natural gas or liquefied petroleum gas where that activity is related to a Part A activity.
1. Paragraph (j) does not include—
(a) the use of any substance as a fuel;
(b) the incineration of any substance as a waste;
(c) any activity for the treatment of sewage or sewage sludge.
2. In paragraph (j), 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 this Part, “carbonaceous material” includes such materials as charcoal, coke, peat, rubber and wood, but does not include wood which has not been chemically treated.
(a) Refining gas where this activity does not fall within Part A(1)(a) of this Section.
(a) Odorising natural gas or liquefied petroleum gas, except where that activity is related to a Part A activity.
(b) Blending odorant for use with natural gas or liquefied petroleum gas.
(c) 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.
(d) 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 period of 12 months is likely to be 500m3 or more.
(e) Motor vehicle refuelling activities at an existing service station after the prescribed date, if the petrol refuelling throughput at the existing service station in any period of 12 months is, or is likely to be, 3500m3 or more.
(f) Motor vehicle refuelling activities at new service stations, if the petrol refuelling throughput at the service station in any period of 12 months is likely to be 500m3 or more.
1. In this Part—
“existing service station” means a service station—
which is put into operation; or
for which planning permission under the Town and Country Planning Act 1990(37) was granted,
before 31st December 2009;
“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 service station which is put into operation on or after 31st December 2009, other than an existing service station;
“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—
if an application for the grant or variation of an environmental permit is made on or before 1st January 2010—
if the application is granted, the date of grant,
if the application is refused and the applicant appeals against the refusal, the date of the appeal determination or the date the appeal is withdrawn, or
if the application is refused, and the applicant does not appeal against the refusal, the day after the last day on which an appeal could have been brought; or
if no such application is made, 1st January 2010;
“service station” means any premises where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks;
“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 this Part which are also used in 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(38) have the same meaning as in that Directive.
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.
(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—
electric arc furnaces with a designed holding capacity of less than 7 tonnes, or
cupola, crucible, reverbatory, 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 period of 12 months of iron ore, except in the course of mining operations, or burnt pyrites.
(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.
(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—
one or more electric arc furnaces, none of which has a designed holding capacity of 7 or more tonnes; or
a cupola, crucible, reverberatory, rotary, induction, 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—
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;
it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant; and
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.
1. In this Section “non-ferrous metal alloy” means an alloy which is not a ferrous alloy, as defined in Section 2.1.
2. Part A(1)(c) to (h) and Part B do not apply to hand soldering, flow soldering or wave soldering.
(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 (refining, foundry casting etc) 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
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) Except where the activity is related to an activity described in Part A(2)(a), or Part B(a), (d) or (e) of this Section, refining any non-ferrous metal or alloy, other than the electrolytic refining of copper.
(d) Producing, melting or recovering by chemical means or by the use of heat, lead or any lead alloy, if—
the activity may result in the release into the air of lead; and
in the case of lead alloy, the percentage by weight of lead in the alloy in molten form is more than 23 per cent if the alloy contains copper and 2 per cent in other cases.
(e) Recovering any gallium, indium, palladium, tellurium, or thallium if the activity may result in their release into the air.
(f) 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.
(g) Mining zinc or tin bearing ores where the activity may result in the release into water of cadmium or any compound of cadmium in a concentration which is greater than the background concentration.
(h) Manufacturing or repairing involving the use of beryllium or selenium or an alloy containing one or both of those metals, if the activity may result in the release into the air of any substance in paragraph 6(3) of Part 1; but an activity does not fall within this paragraph by reason of it involving an alloy that contains beryllium if that alloy in molten form contains less than 0.1 per cent by weight of beryllium and the activity falls within Part B(a) or (d) of this Section.
(i) Pelletising, calcining, roasting or sintering any non-ferrous metal ore or any mixture of such ore and other materials.
1. In paragraph (g), “background concentration” means any concentration of cadmium or any compound of cadmium which would be present in the release irrespective of any effect the activity may have had on the composition of the release and, without prejudice to the generality of the foregoing, includes such concentration of those substances 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.
(a) Melting, including making alloys, of non-ferrous metals, including recovered products (refining, foundry casting, etc.) 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 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
the plant uses a vacuum furnace of any design holding capacity.
(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 (refining, foundry casting, etc.) 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) The heating in a furnace or any other appliance of 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; but an activity does not fall within this paragraph if—
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
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.
1. In this Part “net rated thermal input” is 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. When determining the extent of an installation carrying on an activity within paragraph (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, must be ignored.
(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.
(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—
Part A(2) or Part B of Section 2.1;
Part A(2) or Part B of Section 2.2; or
Part A(2) or Part B of Section 6.4.
(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.
(a) Producing cement clinker or producing and grinding cement clinker.
(b) Producing lime—
in kilns or other furnaces with a production capacity of more than 50 tonnes per day; or
if the activity is likely to involve the heating in any period of 12 months of 5,000 or more tonnes of calcium carbonate or calcium magnesium carbonate or both in aggregate.
(a) Unless falling with Part A(1) of this Section, grinding cement clinker.
(b) Unless falling within Part A(1) of Section 2.1 or 2.2, grinding metallurgical slag in plant with a grinding capacity of more than 250,000 tonnes in any period of 12 months.
(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 where the activity is not likely to involve the heating in any period of 12 months of 5,000 or more tonnes of calcium carbonate or calcium magnesium carbonate or both in aggregate.
1. In this Section “asbestos” means any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.
(a) Producing asbestos or manufacturing products based on or containing asbestos.
(b) Stripping asbestos from railway vehicles except—
in the course of the repair or maintenance of the vehicle;
in the course of recovery operations following an accident; or
where the asbestos is permanently bonded in cement or in any other material (including plastic, rubber or resin).
(c) Destroying a railway vehicle by burning if asbestos has been incorporated in, or sprayed on to, its structure.
(a) Unless related to an activity falling within Part A(1) of this Section, the industrial finishing of—
asbestos cement;
asbestos cement products;
asbestos fillers;
asbestos filters;
asbestos floor coverings;
asbestos friction products;
asbestos insulating board;
asbestos jointing, packaging and reinforcement material;
asbestos packing;
asbestos paper or card; or
asbestos textiles.
(a) Manufacturing glass fibre.
(b) Manufacturing glass frit or enamel frit and its use in any activity where that activity is related to its manufacture and the aggregate quantity of such substances manufactured in any period of 12 months is likely to be 100 or more tonnes.
(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.
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 period of 12 months, 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—
making products from lead glass blanks; or
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—
hydrofluoric acid is used; or
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.
(a) Unless falling within Part A(1) or Part A(2) of Section 3.3, melting mineral substances in plant with a melting capacity of more than 20 tonnes per day.
(b) Unless falling within Part A(1) of Section 3.3, producing any fibre from any mineral.
(a) Manufacturing cellulose fibre reinforced calcium silicate board using unbleached pulp.
(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—
crushing, grinding or otherwise breaking up coal, coke or any other coal product;
screening, grading or mixing coal, coke or any other coal product;
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.
1. In this Part—
“coal” includes lignite;
“designated mineral or mineral product” means—
clay, sand and any other naturally occurring mineral other than coal;
metallurgical slag;
boiler or furnace ash produced from the burning of coal, coke or any other coal product;
gypsum which is a by-product of any activity;
“exempt location” means—
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 period of 12 months is in aggregate likely to be less than 10,000 tonnes; or
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. This Part does not apply to any activity carried on underground.
(a) Manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where—
the kiln production capacity is more than 75 tonnes per day; or
the kiln capacity is more than 4m3 and the setting density is more than 300 kg/m3,
and a reducing atmosphere is used other than for the purposes of colouration.
(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—
the kiln production capacity is more than 75 tonnes per day; or
the kiln capacity is more than 4m3 and the setting density is more than 300 kg/m3.
(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.
1. In this Part—
“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.
1. In Part A(1) of the Sections of this Chapter, “producing” means producing in a chemical plant by chemical processing for commercial purposes substances or groups of substances listed in the relevant Sections.
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.
(a) Producing organic chemicals such as—
hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);
organic compounds containing oxygen, such as alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols, epoxy resins;
organic compounds containing sulphur, such as sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics;
organic compounds containing nitrogen, such as amines, amides, nitrous-, nitro- or azo-compounds, nitrates, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers;
organic compounds containing phosphorus, such as substituted phosphines and phosphate esters;
organic compounds containing halogens, such as halocarbons, halogenated aromatic compounds and acid halides;
organometallic compounds, such as lead alkyls, Grignard reagents and lithium alkyls;
plastic materials, such as polymers, synthetic fibres and cellulose-based fibres;
synthetic rubbers;
dyes and pigments;
surface-active agents.
(b) Producing any other organic compounds not described in paragraph (a).
(c) Polymerising or co-polymerising any unsaturated hydrocarbon or vinyl chloride (other than a pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbon) which is likely to involve, in any period of 12 months, the polymerisation or co-polymerisation of 50 or more tonnes of any of those materials, or any combination of those materials in aggregate.
(d) Any activity involving the use in any period of 12 months of 1 or more tonnes of toluene di-isocyanate or other di-isocyanate of comparable volatility or, where partly polymerised, the use of partly polymerised di-isocyanates or prepolymers containing 1 or more tonnes of those monomers, if the activity may result in a release into the air which contains such a di-isocyanate monomer.
(e) The flame bonding of polyurethane foams or polyurethane elastomers.
(f) Recovering—
carbon disulphide;
pyridine or any substituted pyridine.
(g) Recovering or purifying acrylic acid, substituted acrylic acid or any ester of acrylic acid or of substituted acrylic acid.
(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 tonnes or more of any di-isocyanate or of any partly polymerised di-isocyanate or, in aggregate, of both.
(b) Cutting polyurethane foams or polyurethane elastomers with heated wires.
(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 period of 12 months, 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—
less than 1 tonne of toluene di-isocyanate monomer is likely to be used in any 12 month period; and
the activity may result in a release into the air which contains toluene di-isocyanate.
(a) Producing inorganic chemicals such as—
gases, such as ammonia, hydrogen chloride, hydrogen fluoride, hydrogen cyanide, hydrogen sulphide, oxides of carbon, sulphur compounds, oxides of nitrogen, hydrogen, oxides of sulphur, phosgene;
acids, such as chromic acid, hydrofluoric acid, hydrochloric acid, hydrobromic acid, hydroiodic acid, phosphoric acid, nitric acid, sulphuric acid, oleum and chlorosulphonic acid;
bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide;
salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate, cupric acetate, ammonium phosphomolybdate;
non-metals, metal oxides, metal carbonyls or other inorganic compounds such as calcium carbide, silicon, silicon carbide, titanium dioxide;
halogens or interhalogen compound 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 involving the use of hydrogen cyanide or hydrogen sulphide.
(d) 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—
antimony;
arsenic;
beryllium;
gallium;
indium;
lead;
palladium;
platinum;
selenium;
tellurium;
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 of Part 1.
(e) Recovering any compound of cadmium or mercury.
(f) 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 air of either of those elements or their compounds.
(g) Unless carried on as part of any other activity within this Schedule—
recovering, concentrating or distilling sulphuric acid or oleum;
recovering nitric acid;
purifying phosphoric acid.
(h) 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.
(i) Unless carried on as part of any other activity within this Schedule, recovering ammonia.
(j) Extracting any magnesium compound from sea water.
(a) Producing (including any blending which is related to their production) phosphorus, nitrogen or potassium based fertilisers (simple or compound fertilisers).
(b) Converting chemical fertilisers into granules.
(a) Producing plant health products or biocides.
(b) Formulating such products if this may result in the release into water of any substance listed in paragraph 7 of Part 1 in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph for that substance.
(a) Producing pharmaceutical products using a chemical or biological process.
(b) Formulating such products if this may result in the release into water of any substance listed in paragraph 7 of Part 1 in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph for that substance.
(a) Producing explosives.
(a) Unless falling within Part A(2) of Section 6.7, any manufacturing activity which may result in the release of carbon disulphide into the air.
(b) 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.
(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—
one or more acrylates, 20 tonnes (in aggregate);
acrylonitrile, 20 tonnes;
anhydrous ammonia, 100 tonnes;
anhydrous hydrogen fluoride, 1 tonne;
toluene di-isocyanate, 20 tonnes;
vinyl chloride monomer, 20 tonnes;
ethylene, 8,000 tonnes.
1. In this Section—
“co-incineration” means the use of wastes as a regular or additional fuel in a co-incineration plant or the thermal treatment of waste for the purpose of disposal in a co-incineration plant;
“co-incineration plant” means any stationary or mobile plant whose main purpose is the generation of energy or production of material products, and—
which uses wastes as a regular or additional fuel; or
in which waste is thermally treated for the purpose of disposal.
If co-incineration takes place in such a way that the main purpose of the plant is not the generation of energy or production of material products but rather the thermal treatment of waste, the plant must be regarded as an incineration plant.
This definition covers the site and the entire plant including all co-incineration lines, waste reception, storage, on site pre-treatment facilities, waste-, fuel- and air-supply systems, boiler, facilities for the treatment of exhaust gases, on-site facilities for treatment or storage of residues and waste water, stack devices and systems for controlling incineration operations, recording and monitoring incineration conditions, but does not cover co-incineration in an excluded plant;
“excluded plant” means—
a plant treating only the following wastes—
vegetable waste from agriculture and forestry,
vegetable waste from the food processing industry, if the heat generated is recovered,
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,
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 coating, and which includes in particular such wood waste originating from construction and demolition waste,
cork waste,
radioactive waste,
animal carcasses as regulated by Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption(39), or
waste resulting from the exploration for, and the exploitation of, oil and gas resources from off-shore installations and incinerated on board the installation; and
an experimental 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;
“hazardous waste” means any solid or liquid waste as defined in regulation 6 of (in relation to England) the Hazardous Waste (England and Wales) Regulations 2005(40) or (in relation to Wales) the Hazardous Waste (Wales) Regulations 2005(41) except for—
combustible liquid wastes including waste oils provided that they meet the following criteria—
the mass content of polychlorinated aromatic hydrocarbons, for example polychlorinated biphenyls or pentachlorinated phenol, amounts to concentrations not higher than those set out in the relevant Community legislation,
these wastes are not rendered hazardous by virtue of containing other constituents listed in Schedule 2 to (in relation to England) the Hazardous Waste (England and Wales) Regulations 2005, or (in relation to Wales) the Hazardous Waste (Wales) Regulations 2005 in quantities or in concentrations which are inconsistent with the achievement of the objectives set out in Article 4 of the Waste Framework Directive, and
the net calorific value amounts to at least 30 MJ per kilogramme;
any combustible liquid wastes which cannot cause, in the flue gas directly resulting from their combustion, emissions other than those from gasoil as defined in Article 1(1) of Council Directive 93/12/EEC relating to the sulphur content of certain liquid fuels(42) or a higher concentration of emissions than those resulting from the combustion of gasoil as so defined;
“incineration plant” means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of wastes with or without recovery of the combustion heat generated, including—
the incineration by oxidation of waste; and
other thermal treatment processes such as pyrolysis, gasification or plasma processes in so far as the substances resulting from the treatment are subsequently incinerated.
This definition covers the site and the entire incineration plant including all incineration lines, waste reception, storage, on site pre-treatment facilities, waste-fuel and air-supply systems, boiler, facilities for the treatment of exhaust gases, on-site facilities for treatment or storage of residues and waste water, stack, devices and systems for controlling incineration operations recording and monitoring incineration conditions, but does not cover incineration in an excluded plant;
“non-hazardous waste” means waste which is not hazardous waste;
“waste” means any solid or liquid waste as defined in Article 1(a) of the Waste Framework Directive.
(a) The incineration of hazardous waste in an incineration plant.
(b) Unless carried on as part of any other Part A(1) activity, the incineration of hazardous waste in a co-incineration plant.
(c) The incineration of non-hazardous waste in an incineration plant with a capacity of 1 tonne or more per hour.
(d) Unless carried on as part of any other activity in this Part, the incineration of hazardous waste in a plant which is not an incineration plant or a co-incineration plant.
(e) Unless carried on as part of any other activity in this Part, the incineration of non-hazardous waste in a plant which is not an incineration plant or a co-incineration plant but which has a capacity of 1 tonne or more per hour.
(f) The incineration, other than incidentally in the course of burning landfill gas or solid or liquid waste, of any gaseous compound containing halogens in a plant which is not an incineration plant or a co-incineration plant.
(a) The incineration of non-hazardous waste in an incineration plant with a capacity of less than 1 tonne per hour.
(b) Unless carried on as part of any other Part A activity, the incineration of non-hazardous waste in a co-incineration plant.
(c) The incineration of animal carcasses in a plant, which is not an incineration plant or a co-incineration plant, with a capacity of more than 10 tonnes per day but less than 1 tonne per hour.
(a) The incineration of non-hazardous waste in a plant which is—
not an incineration plant or a co-incineration plant, and
on premises where there is plant, other than incineration plant or co-incineration plant, which has an aggregate capacity of 50 kilogrammes or more per hour but less than 1 tonne per hour.
(b) The cremation of human remains.
1. When determining the extent of an installation carrying on an activity within Part B, any location of the following description must 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.
(a) The disposal of waste in a landfill—
receiving more than 10 tonnes of waste in any day, or
with a total capacity of more than 25,000 tonnes,
but excluding disposals in a landfill taking only inert waste.
(a) The disposal of hazardous waste (other than by incineration or landfill) in a facility with a capacity of more than 10 tonnes per day.
(b) The disposal of waste oils (other than by incineration or landfill) in a facility with a capacity of more than 10 tonnes per day.
(c) Disposal of non-hazardous waste in a facility with a capacity of more than 50 tonnes per day by—
biological treatment, not being treatment specified in any paragraph other than paragraph D8 of Annex IIA to the Waste Framework Directive, which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 in that Annex (D8), or
physico-chemical treatment, not being treatment specified in any paragraph other than paragraph D9 in Annex IIA to the Waste Framework Directive, which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 in that Annex (for example, evaporation, drying, calcination, etc) (D9).
1. In paragraph (b) “disposal” means the processing or destruction of waste oil as well as its storage and tipping above ground.
2. This Part does not apply to the treatment of—
(a) waste soil; or
(b) contaminated material, substances or products, for the purpose of remedial action with respect to land or controlled waters, as defined in section 104 of the Water Resources Act 1991(43),
by means of mobile plant.
3. The reference to a D paragraph number in brackets at the end of paragraphs (c)(i) and (ii) is to the number of the corresponding paragraph in Annex IIA of the Waste Framework Directive (disposal operations).
(a) Recovering by distillation of any oil or organic solvent.
(b) Cleaning or regenerating carbon, charcoal or ion exchange resins by removing matter which is, or includes, any substance listed in paragraphs 6 to 8 of Part 1.
(c) Unless carried on as part of any other Part A activity, recovering hazardous waste in a plant with a capacity of more than 10 tonnes per day by means of the following operations—
the use principally as a fuel or other means to generate energy (R1),
solvent reclamation/regeneration (R2),
recycling/reclamation of inorganic materials other than metals and metal compounds (R5),
regeneration of acids or bases (R6),
recovering components used for pollution abatement (R7),
recovery of components from catalysts (R8),
oil re-refining or other reuses of oil (R9).
1. Paragraphs (a) and (b) of this Part do not apply to—
(a) distilling oil for the production or cleaning of vacuum pump oil; or
(b) an activity which is ancillary to and related to another activity, whether described in this Schedule or not, which involves the production or use of the substance which is recovered, cleaned or regenerated,
except where the activity involves distilling more than 100 tonnes per day.
2. This Part does not apply to the treatment of—
(a) waste soil; or
(b) contaminated material, substances or products, for the purpose of remedial action with respect to land or controlled waters, as defined in section 104 of the Water Resources Act 1991,
by means of mobile plant.
3. The reference to an R paragraph number in brackets at the end of paragraphs (c)(i) to (vii) is to the number of the corresponding paragraph in Annex IIB of the Waste Framework Directive (recovery operations).
(a) Making solid fuel (other than charcoal) from waste by any process involving the use of heat.
(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.
(c) Any activity associated with making paper pulp or paper, including activities connected with the recycling of paper such as de-inking, if the activity may result in the release into water of any substance in paragraph 7 of Part 1 in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph in relation to that substance.
1. In paragraph (c), “paper pulp” includes pulp made from wood, grass, straw and similar materials and references to the making of paper are to the making of any product using paper pulp.
(a) Manufacturing wood particleboard, oriented strand board, wood fibreboard, plywood, cement-bonded particleboard or any other composite wood-based board.
(a) Producing carbon or hard-burnt coal or electro graphite by means of incineration or graphitisation.
(a) The following activities—
distilling tar or bitumen in connection with any process of manufacture, or
heating tar for the manufacture of electrodes or carbon-based refractory materials,
where the activity is likely to involve the use in any period of 12 months of 5 or more tonnes of tar or of bitumen or both in aggregate.
(a) Any activity not falling within Part A(1) of this Section or of Section 6.2 involving—
heating, but not distilling, tar or bitumen in connection with any manufacturing activity, or
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 period of 12 months of 5 or more tonnes of tar or bitumen or both in aggregate.
1. In this Part “tar” and “bitumen” include pitch.
(a) Applying or removing a coating material containing any tributyltin compound or triphenyltin compound, if carried on at a shipyard or boatyard where vessels of a length of 25 metres or more can be built, maintained or repaired.
(b) 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.
(c) Treating textiles if the activity may result in the release into water of any substance in paragraph 7 of Part 1 in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph in relation to that substance.
(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 150 kg per hour or more than 200 tonnes per year.
(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 repainting 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 period of 12 months of—
20 or more tonnes of printing ink, paint or other coating material which is applied in solid form,
20 or more tonnes of any metal coating which is sprayed on in molten form,
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
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, repainting 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 tonne of organic solvents in any period of 12 months.
(c) Repainting 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 period of 12 months of—
20 or more tonnes of any paint or other coating material which is applied in solid form,
20 or more tonnes of any metal coatings which are sprayed on in molten form, or
5 or more tonnes of organic solvents.
1. In this Part—
“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 must be ignored, unless that location forms part of an SED installation.
(a) Unless falling within Part A(1) or Part A(2) of any other Section—
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 period of 12 months,
manufacturing any powder for use as a coating material where there is the capacity to produce 200 tonnes or more of such powder in any period of 12 months.
1. In this Part, “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.
(a) Curing, or chemically treating, as part of a manufacturing process, timber or products wholly or mainly made of wood if any substance in paragraph 7 of Part 1 is used.
(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 period of 12 months is likely to be more than—
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
1,000 cubic metres in any other case.
1. In this Part—
“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 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 must be ignored;
“wood” includes any product consisting wholly or mainly of wood; and
“works” includes a sawmill or any other premises where relevant activities are carried on.
(a) Manufacturing new tyres (but not remoulds or retreads) if this involves the use in any period of 12 months of 50,000 or more tonnes of one or more of the following—
natural rubber,
synthetic organic elastomers,
other substances mixed with them.
(a) Unless falling within Part A(1) or Part A(2) of any Section, the mixing, milling or blending of—
natural rubber, or
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.
1. In this Section—
“animal” includes a bird or a fish;
“excluded activity” means—
any activity carried on in a farm or agricultural holding other than the manufacture of goods for sale,
the manufacture or preparation of food or drink for human consumption but excluding—
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,
any activity involving the use of green offal or the boiling of blood except the cooking of food (other than tripe) for human consumption,
the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed,
the fleshing, cleaning and drying of pelts of fur-bearing mammals,
any activity carried on in connection with the operation of a knacker’s yard,
any activity for the manufacture of soap not falling within Part A(1) of Section 4.1,
the storage of vegetable matter not falling within any other Section,
the cleaning of shellfish shells,
the manufacture of starch,
the processing of animal or vegetable matter at premises for feeding a recognised pack of hounds which have been granted an authorisation under the Animal By-Products Regulations 2005(44) or the Animal By-Products (Wales) Regulations 2006(45),
the salting of hides or skins, unless related to any other activity listed in this Schedule,
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,
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),
the drying of grain or pulses,
any activity for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth;
“food” includes—
drink,
articles and substances of no nutritional value which are used for human consumption, and
articles and substances used as ingredients in the preparation of food;
“green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents.
(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 or by incineration falling within Section 5.1, at a plant with a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or both in aggregate.
(d) Treating and processing materials intended for the production of food products from—
animal raw materials (other than milk) at a plant with a finished product production capacity of more than 75 tonnes per day; or
vegetable raw materials at a plant with a finished product production capacity of more than 300 tonnes per day (average value on a quarterly basis).
(e) Treating and processing milk, the quantity of milk received being more than 200 tonnes per day (average value on an annual basis).
(f) 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—
does not fall within any other Section, or Part A(2) of this Section and is not an excluded activity; and
may result in the release into water of any substance in paragraph 7 of Part 1 in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in relation to the substance in that paragraph.
(a) Disposing of or recycling animal carcasses or animal waste by rendering at plant with a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or both in aggregate.
(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 in paragraph 6(3) of Part 1, or
(bb) any offensive smell noticeable outside the premises on which the activity is carried on.
(b) Breeding maggots in any case where 5 or more kg of animal matter, vegetable matter or both in aggregate, are introduced into the process in any week.
(a) Rearing poultry or pigs intensively in an installation with more than—
40,000 places for poultry;
2,000 places for production pigs (over 30 kg); or
750 places for sows.
(a) The activities listed in the table below if they are operated above the solvent consumption threshold for the activity.
| Activity | Solvent consumption threshold in tonnes/year |
|---|---|
| Heatset web offset printing | 15 |
| Publication rotogravure | 25 |
| Other rotogravure, flexography, rotary screen printing, laminating or varnishing units | 15 |
| Rotary screen printing on textile/cardboard | 30 |
| Surface cleaning using substances or preparations which because of their content of volatile organic compounds classified as carcinogens, mutagens or toxic to reproduction under Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(46) are assigned or need to carry one or more of the risk phrases R45, R46, R49, R60 or R61, or halogenated VOC’s which are assigned or need to carry the risk phrase R40 | 1 |
| Other surface cleaning | 2 |
| Vehicle coating and vehicle refinishing | 0.5 |
| Coil coating | 25 |
| Other coating activities, including metal, plastic, textile (except rotary screen printing on textile), fabric, film and paper coating | 5 |
| Winding wire coating | 5 |
| Coating activity applied to wooden surfaces | 15 |
| Dry cleaning | 0 |
| Wood impregnation | 25 |
| Coating activity applied to leather | 10 |
| Footwear manufacture | 5 |
| Wood and plastic lamination | 5 |
| Adhesive coating | 5 |
| Manufacture of coating preparations, varnishes, inks and adhesives | 100 |
| Rubber conversion | 15 |
| Vegetable oil and animal fat extraction and vegetable oil refining activities | 10 |
| Manufacturing of pharmaceutical products | 50 |
1. For the purposes of this Part—
“adhesive” means any preparation, including all the organic solvents or preparations containing organic solvents necessary for its proper application, which is used to adhere separate parts of a product;
“adhesive coating” means any activity in which an adhesive is applied to a surface, excluding the application of adhesive and laminating associated with printing activities;
“coating” means any preparation, including all the organic solvents or preparations containing organic solvents necessary for its proper application, which is used to provide a decorative, protective or other functional effect on a surface;
“coating activity” means any activity in which a single or a multiple application of a continuous film of a coating is applied (including a step in which the same article is printed using any technique) but does not include the coating of substrate with metals by electrophoretic and chemical spraying techniques;
“coil coating” means any activity where coiled steel, stainless steel, coated steel copper alloys or aluminium strip is coated with either a film forming or laminate coating in a continuous process;
“consumption” means the total input of organic solvents into an installation per calendar year, or any other twelve month period, less any volatile organic compounds that are recovered for reuse;
“dry cleaning” means any 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 and clothing industry;
“flexography” means a printing activity using an image carrier of rubber or elastic photopolymers on which the printing areas are above the non-printing areas, and liquid inks which dry through evaporation;
“footwear manufacture” means any activity of producing complete footwear or parts of footwear;
“heat web offset printing” means a web-fed printing activity using an image carrier in which the printing and non-printing area are in the same plane, where—
the non-printing area is treated to attract water and reject ink,
the printing area is treated to receive and transmit ink to the surface to be printed, and
evaporation takes place in the oven where hot air is used to heat the printed material;
“ink” means a preparation, including all the organic solvents or preparations containing organic solvents necessary for its proper application which is used in a printing activity to impress text or images on to a surface;
“laminating associated to a printing activity” means the adhering together of two or more flexible materials to produce laminates;
“manufacturing of coating preparations, varnishes, inks and adhesives” means the manufacture of coating preparations, varnishes, inks and adhesives as final products and where carried on at the same site, the manufacture of intermediates by the mixing of pigments, resins and adhesive materials with organic solvent or other carrier, including—
dispersion and predispersion activities,
viscosity and tint adjustments, and
operations for filling the final product into its container;
“manufacturing of pharmaceutical products” means one or more of the following activities—
chemical synthesis,
fermentation,
extraction, or
formulation and finishing,
of pharmaceutical products and, where carried on at the same site, the manufacture of intermediate products;
“the Motor Vehicle Directive” means Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(47);
“organic compound” means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;
“organic solvents” means any volatile organic compound which is used alone or in combination with other agents, and without undergoing a chemical change to dissolve raw materials, products or waste materials, as a—
cleaning agent to dissolve contaminants,
dissolver,
dispersion medium,
viscosity adjuster,
surface tension adjuster,
plasticiser, or
preservative;
“other coating activities” means a coating activity applied to—
trailers, defined in categories O1, O2, O3, and O4 in the Motor Vehicle Directive,
metallic and plastic surfaces including surfaces of airplanes, ships, trains, or
textile, fabric, film and paper surfaces;
“printing activity” means any activity (not being a step in a coating activity) for reproducing text and/or images in which, with the use of an image carrier, ink is transferred onto any type of surface, including the use of associated varnishing, coating and laminating techniques;
“publication rotogravure” means a rotogravure printing activity used for printing paper for magazines, brochures, catalogues or similar products, using toluene-based inks;
“reuse” means the use of organic solvents recovered from an installation for any technical or commercial purpose and including use as a fuel but excluding the final disposal of such recovered organic solvent as waste;
“rotary screen printing” means a web-fed printing activity in which liquid ink which dries only through evaporation is passed onto the surface to be printed by forcing it through a porous image carrier, in which the printing area is open and the non-printing area is sealed off;
“rotogravure” means a printing activity, using a cylindrical image carrier in which the printing area is below the non-printing area and liquid inks which dry through evaporation, and in which the recesses are filled with ink and the surplus is cleaned off the non-printing area before the surface to be printed contacts the cylinder and lifts the ink from the recesses;
“rubber conversion” means—
any activity of mixing, milling, blending, calendering, extrusion and vulcanisation of natural or synthetic rubber, and
any ancillary operations for converting natural or synthetic rubber into a finished product;
“surface cleaning” means any activity, except dry cleaning, using organic solvents to remove contamination from the surface of material including degreasing but excluding the cleaning of equipment; and a cleaning activity consisting of more than one step before or after any other activity must be considered as one surface cleaning activity;
“varnish” means a transparent coating;
“varnishing” means an activity by which varnish or an adhesive coating for the purpose of sealing the packaging material is applied to a flexible material;
“vegetable oil and animal fat extraction and vegetable oil refining activities” means any activity to extract vegetable oil from seeds and other vegetable matter, the processing of dry residues to produce animal feed, the purification of fats and vegetable oils derived from seeds, vegetable matter or animal matter;
“vehicle coating” means a coating activity applied to the following vehicles—
new cars, defined as vehicles of category M1 in the Motor Vehicle Directive, and of category N1 in so far as they are coated at the same installation as M1 vehicles,
truck cabins, defined as the housing for the driver, and all integrated housing for the technical equipment, of vehicles of categories N2 and N3 in the Motor Vehicle Directive,
vans and trucks, defined as vehicles of categories N1, N2 and N3 in the Motor Vehicle Directive, but not including truck cabins, or
buses, defined as vehicles in categories M2 and M3 in the Motor Vehicle Directive;
“vehicle refinishing” means any industrial or commercial coating activity and associated degreasing activities performing—
the original coating of road vehicles as defined in the Motor Vehicle Directive or part of them with refinishing-type materials, where this is carried on away from the original manufacturing line, or
the coating of trailers (including semi-trailers) (category O in the Motor Vehicle Directive);
“volatile organic compound” or “VOC” means—
any organic compound having a vapour pressure of 0.01 or more kPa at 293.15K or having a corresponding volatility under the particular conditions of use, or
the fraction of creosote which exceeds a vapour pressure of 0.01 kPA at 293.15K;
“web-fed” means that the material to be printed is fed to the machine from a reel as distinct from separate sheets;
“winding wire coating” means any coating activity of metallic conductors used for winding the coils in transformers and motors, etc;
“wood and plastic lamination” means any activity to adhere together wood or plastic to produce laminated products;
“wood impregnation” means any activity giving a loading of preservative in timber.
2. An activity must be deemed to be operated above the solvent consumption threshold specified for that activity under this Part if the activity is likely to be operated above that threshold in any period of 12 months.
3. An activity listed in this Part includes the cleaning of equipment but, except for a surface cleaning activity, not the cleaning of products.
Regulations 2(1) and 5
1. In this Schedule—
“notifiable exempt waste operation” means an exempt waste operation in relation to which notice must be given to the exemption registration authority under paragraph 3(1)(b);
“registered”, in relation to an establishment or undertaking, means that the relevant particulars appear in the register, and “registration” must be construed accordingly;
“relevant particulars” means—
the information in paragraph 4(3), and
in the case of a waste operation falling within paragraph 45(1) or 45(3) of Schedule 3, the plan referred to in paragraph 6(2)(b).
2.—(1) Subject to sub-paragraphs (2) and (3), the exemption registration authority in relation to a waste operation falling within Part 1 of Schedule 3 is the Agency.
(2) The exemption registration authority in relation to the following waste operations is the local authority regulator—
(a) a waste operation falling within paragraph 2, 3, 24 or 43 of Schedule 3;
(b) a waste operation falling within paragraph 4(3) of Schedule 3, if—
(i) the operation relates to the coating or spraying of metal containers, and
(ii) that coating or spraying is an activity within Part B of Section 6.4 of Part 2 of Schedule 1;
(c) a waste operation falling within paragraph 12(3) of Schedule 3, if—
(i) the operation relates to the composting of biodegradable waste,
(ii) the operation is an activity within paragraph (a) of Part B of Section 6.8 of Part 2 of Schedule 1, and
(iii) the compost is to be used for cultivating mushrooms.
(3) The exemption registration authority in relation to a waste operation falling within paragraph 23 of Schedule 3 is the authority responsible for granting an authorisation—
(a) in England, under regulation 27 of the Animal By-Products Regulations 2005(48);
(b) in Wales, under regulation 27 of the Animal By-Products (Wales) Regulations 2006(49).
(4) In this paragraph “local authority regulator” means the local authority responsible for granting an environmental permit authorising the Part B activity in question.
3.—(1) The requirements referred to in regulation 5(1)(a) are—
(a) an establishment or undertaking must be registered in relation to the waste operation, except in relation to a waste operation falling within paragraph 48 of Schedule 3;
(b) an establishment or undertaking carrying on a waste operation falling within a description mentioned in sub-paragraph (2) must give notice to the exemption registration authority in accordance with paragraph 8; and
(c) a waste operation falling within a description mentioned in sub-paragraph (3) must be carried on—
(i) by, or with the consent of, the occupier of the land where the operation is carried on, or
(ii) by a person who is otherwise entitled to do so on that land.
(2) The descriptions mentioned in this sub-paragraph are the waste operation descriptions in paragraphs 6, 7, 9, 10, 19 , 40 and 46 of Schedule 3.
(3) The descriptions mentioned in this sub-paragraph are the waste operation descriptions in paragraphs 4, 6, 7 ,8, 9, 11, 13, 14, 15, 17, 18, 19, 25, 40, 41, 42, 45, 46 and 48 of Schedule 3.
4.—(1) Every exemption registration authority must establish and maintain a register of exempt waste operations in relation to which it is the exemption registration authority.
(2) The exemption registration authority must ensure the register contains the information required by sub-paragraph (3) in every case where—
(a) the authority receives notice of that information in writing;
(b) in the case of a notifiable exempt waste operation, the establishment or undertaking has given notice under paragraph 3(1)(b); and
(c) in the case of an exempt waste operation falling within paragraph 45(1) or 45(3) of Schedule 3 (which makes provision in relation to recovery and storage of scrap metal and waste motor vehicles), any extra requirement under paragraph 6 is complied with.
(3) The information required is—
(a) the name and address of the establishment or undertaking carrying on an exempt waste operation;
(b) the waste operation which constitutes the exempt waste operation; and
(c) the place where the exempt waste operation is carried on.
(4) The exemption registration authority may enter the information required by sub-paragraph (3) on the register if it receives notice which is not in writing.
(5) Every exemption registration authority must—
(a) ensure that its register is open to inspection by members of the public free of charge at all reasonable hours; and
(b) provide reasonable facilities to members of the public for obtaining a copy of an entry on payment of a reasonable charge.
(6) A register may be kept in any form.
5.—(1) The duty to maintain a register in paragraph 4(1) includes a duty to remove an entry if—
(a) the exemption registration authority becomes aware that the establishment or undertaking has ceased to carry out the waste operation;
(b) the waste operation is no longer an exempt waste operation;
(c) in the case of a waste operation falling within paragraph 45(1) or 45(3) of Schedule 3, the exemption registration authority—
(i) has carried out an inspection in accordance with the second paragraph of Article 6(2) of the End-of-Life Vehicles Directive, and
(ii) is not satisfied as to the particulars required to be verified under that paragraph; or
(d) in the case of a waste operation falling within paragraph 40 of Schedule 3, the exemption registration authority—
(i) has carried out an inspection in accordance with the second paragraph of Article 6(2) of the WEEE Directive, and
(ii) is not satisfied as to the particulars required to be verified under that paragraph.
(2) An exemption registration authority must notify the establishment or undertaking in question if it removes an entry from the register under this paragraph.
6.—(1) An exempt waste operation falling within paragraph 45(1) or 45(3) of Schedule 3 must comply with the extra requirements mentioned in sub-paragraph (2).
(2) The requirements are that—
(a) the notice is given by the establishment or undertaking carrying on the operation;
(b) the notice is accompanied by a plan of every place at which the operation is carried on showing—
(i) the boundaries of the place,
(ii) the locations within the place at which the exempt waste operation is to be carried on,
(iii) the location and specifications of any impermeable pavement or drainage system mentioned in paragraph 45(1)(c), 45(3)(f) or 45(3)(g) of Schedule 3, and
(iv) the location of any secure container mentioned in paragraph 45(3)(e) of Schedule 3;
(c) the notice is accompanied by payment of any charge prescribed for the purpose by a charging scheme under section 41 of the 1995 Act(50); and
(d) if the operation comprises or includes the dismantling of waste motor vehicles, the exemption registration authority—
(i) has carried out an inspection in accordance with the second paragraph of Article 6(2) of the End-of-Life Vehicles Directive, and
(ii) is satisfied as to the particulars required to be verified under that paragraph.
(3) A verification under sub-paragraph (2)(d) is valid for 12 months, but the exemption registration authority may inspect and verify again before a verification becomes invalid.
7.—(1) The exemption registration authority must remove a register entry relating to a waste operation requiring verification under paragraph 6(2)(d) if the verification becomes invalid.
(2) If a fee payable under paragraph 45(5)(f) of Schedule 3 is not received by the exemption registration authority within 2 months of the due date, ascertained in accordance with paragraph 45(6) of that Schedule, the authority must—
(a) amend the register in accordance with sub-paragraph (3); and
(b) notify the establishment or undertaking in question.
(3) The register must be amended to remove the registration in respect of every place—
(a) where an exempt waste operation to which this paragraph applies is carried on; and
(b) in respect of which the fee remains unpaid.
8.—(1) Every notice required by paragraph 3(1)(b) must contain—
(a) the relevant particulars of the establishment or undertaking;
(b) details of the quantity of waste to be disposed of or recovered;
(c) any plans or other documents reasonably required by the authority; and
(d) any other information reasonably required by the authority.
(2) Every such notice in relation to an exempt waste operation falling within paragraph 6, 7 or 9(1)(b) of Schedule 3 must also certify that, in the opinion of the person signing it, the activity—
(a) will result in benefit to agriculture or ecological improvement; and
(b) will be consistent with the objectives in Article 4 of the Waste Framework Directive.
(3) A certificate given under paragraph (2) must—
(a) be signed by a person with appropriate technical expertise; and
(b) contain evidence demonstrating the reasons for his opinion.
(4) Every such notice must be in the form required by the authority.
(5) Every such notice must be accompanied by payment of any charge prescribed for the purpose by a charging scheme under section 41 of the 1995 Act.
9. An establishment or undertaking which wishes to dispose of or recover a quantity of waste greater than that notified to the exemption registration authority must give the authority a further notice which complies with paragraph 8.
10.—(1) An establishment or undertaking which—
(a) carries on a notifiable exempt waste operation; and
(b) wishes to maintain its entry on the register,
must give a renewal notice in writing to the exemption registration authority within 12 months of the date the particulars were entered or last renewed.
(2) Every renewal notice must contain—
(a) confirmation that the establishment or undertaking continues to carry on the exempt waste operation;
(b) the information required by paragraph 8(1); and
(c) if it is in relation to an exempt waste operation mentioned in paragraph 8(2), the certificate required by that paragraph.
(3) Every renewal notice must be accompanied by payment of any charge prescribed for the purpose by a charging scheme under section 41 of the 1995 Act.
11.—(1) If an exemption registration authority receives a notice under paragraph 3(1)(b) or 9, it must—
(a) enter the relevant particulars on the register; or
(b) during the relevant period, refuse to do so.
(2) But an authority which receives notice in relation to a waste operation falling within paragraph 40 of Schedule 3 must not enter the relevant particulars on the register unless—
(a) it has first carried out an inspection in accordance with paragraph 13; and
(b) in addition to verification in accordance with paragraph 13(3), the authority is satisfied that best available treatment, recovery and recycling techniques will be used.
(3) An exemption registration authority must remove an entry in relation to a notifiable exempt waste operation from the register if it—
(a) does not receive a renewal notice which complies with paragraph 10 in relation to the entry; or
(b) decides, within the relevant period, to refuse to renew a registration in response to a renewal notice.
(4) If an exemption registration authority refuses to enter relevant particulars on the register or renew a registration, the authority must give notice to the establishment or undertaking in question of the decision and the reasons for it.
(5) In this paragraph—
“best available treatment, recovery and recycling techniques” has the meaning given by paragraph 1 of Schedule 3;
“the relevant period” means—
in the case of a waste operation falling within paragraph 40 of Schedule 3, the period of 2 months beginning with the receipt by the exemption registration authority of the notice; or
in any other case, the period of 25 working days beginning with the date of receipt by the exemption registration authority of the notice in question,
or in any case, a longer period than the period in paragraph (a) or (b), if it is agreed in writing between the exemption registration authority and the establishment or undertaking in question.
12.—(1) This paragraph applies to every—
(a) notifiable exempt waste operation; and
(b) exempt waste operation falling within paragraph 47(1) of Schedule 3.
(2) But it does not apply in relation to an exempt waste operation falling within—
(a) paragraph 9 of Schedule 3 at a place where the quantity of waste recovered in reliance on the exemption at that place is less than 2,500 cubic metres;
(b) paragraph 19 of Schedule 3 at a place where the quantity of waste recovered in reliance on the exemption at that place is less than 2,500 tonnes; or
(c) paragraph 47(1) of Schedule 3 if it is carried out on land subject to an action programme under the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998(51).
(3) An establishment or undertaking which carries out an exempt waste operation to which this paragraph applies must—
(a) keep 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 activity;
(b) keep those records for a period of 2 years; and
(c) during that period make those records available to the exemption registration authority on request.
13.—(1) 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.
(2) If an exempt waste operation falls within paragraph 45(1) or 45(3) of Schedule 3, or involves the treatment of WEEE, the exemption registration authority must discharge that duty by carrying out an inspection—
(a) within 2 months of receipt of a notice fulfilling the extra requirements in paragraph 6; and
(b) subsequently, at least every 12 months.
(3) If an exempt waste operation involves the treatment of WEEE, the inspection must be carried out for the purposes of the second paragraph of Article 6(2) of the WEEE Directive.
Regulations 5(1)(b) and 68(1)
1.—(1) In this Schedule—
“the 1989 Regulations” means the Sludge (Use in Agriculture) Regulations 1989(52);
“the 1991 Act” means the Water Resources Act 1991(53);
“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)”(54);
“construction work” includes the repair, alteration or improvement of existing works;
“domestic purposes” has the same meaning as in section 218 of the Water Industry Act 1991(55);
“food production purposes” means the manufacturing, processing, preserving or marketing purposes with respect to food or drink for which water supplied to food production premises may be used, and for the purposes of this definition “food production premises” means premises used for the purposes of a business of preparing food or drink for consumption otherwise than on the premises;
“inland waters” has the meaning given by section 221(1) of the 1991 Act;
“internal drainage board” has the same meaning as in section 1(1) of the Land Drainage Act 1991(56);
“operational land” unless the context otherwise requires has the meaning given by sections 263 and 264 of the Town and Country Planning Act 1990(57);
“recycling”, “reuse” and “treatment”, in relation to WEEE, have the meanings given by Article 3 of the WEEE Directive;
“scrap metal” has the meaning given by section 9(2) of the Scrap Metal Dealers Act 1964(58);
“sealed drainage system” in relation to an impermeable pavement, means a drainage system with impermeable components which does not leak and which will ensure that—
no liquid will run off the pavement otherwise than via the system, and
except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump;
“work” includes preparatory work.
(2) In this Schedule, a 6 digit code used to refer to a waste is a reference to that waste as specified by the 6 digit code—
(a) in England, in the List of Wastes (England) Regulations 2005(59);
(b) in Wales, in the List of Wastes (Wales) Regulations 2005(60).
(3) An asterisk following any such code indicates that the waste is considered to be hazardous pursuant to Directive 91/689/EEC on hazardous waste(61), and subject to the provisions of that Directive unless Article 1(5) of that Directive applies.
(4) When interpreting this Schedule 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.
2.—(1) Loading or unloading a scrap metal furnace, except at a place used for carrying on the business of a scrap metal dealer (within the meaning given by section 9(1) of the Scrap Metal Dealers Act 1964).
(2) Storing, at the place where a scrap metal furnace is located, scrap metal intended to be loaded into that scrap metal furnace.
(3) In this paragraph “scrap metal furnace” means a furnace—
(a) with a designed holding capacity of less than 25 tonnes operated such that it is or forms part of an activity within—
(i) paragraph (a), (b) or (d) of Part B of Section 2.1 of Part 2 of Schedule 1, or
(ii) paragraph (a), (b) or (e) of Part B of Section 2.2 of Part 2 of Schedule 1; and
(b) which is operated under an environmental permit.
3.—(1) Secure storage on any premises of any specified substance which is intended to be burned or fed into an appliance in which it is to be burned if—
(a) no more than 25 tonnes is stored there at any one time; and
(b) no waste is stored there for longer than 12 months.
(2) In this paragraph—
(a) “specified substance” means the following types of waste—
(i) straw included in 02 01 03,
(ii) poultry litter included in 02 01 06,
(iii) wood included in 02 01 07, 03 01 01, 03 03 01, 20 01 38 or 20 02 01,,
(iv) solid fuel which has been manufactured from waste by a process involving the application of heat included in 19 12 10;
(b) “burned” means burned as a fuel pursuant to an environmental permit to the extent that it is or forms part of a Part B activity.
4.—(1) Subject to sub-paragraph (2), cleaning, washing, spraying or coating of waste consisting of packaging or containers so that it can be reused if the total quantity of such waste so dealt with at any place does not exceed 1,000 tonnes in any period of seven days.
(2) An operation does not fall within this paragraph if the cleaning, washing, spraying or coating falls within Part B of Section 6.4 (coating activities and printing) of Part 2 of Schedule 1.
(3) Storing waste in connection with the carrying on of an operation described in sub-paragraph (1) at the place where the operation is carried on unless—
(a) the total quantity of such waste stored at that place exceeds 1,000 tonnes; or
(b) more than 1 tonne of metal containers used for the transport or storage of any chemical are dealt with in any period of seven days.
5.—(1) Burning waste as a fuel in an appliance if—
(a) the appliance has a net rated thermal input of less than 0.4 megawatts; or
(b) the appliance is used together with other appliances (whether or not it is operated simultaneously with such other appliances) and the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.
(2) Secure storage of waste intended to be submitted to such burning.
(3) In this paragraph, “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.
6.—(1) Treatment with sludge of land which is not agricultural land within the meaning of the 1989 Regulations if—
(a) it results in—
(i) ecological improvement, or
(ii) in the case of the treatment of land used for non-food crops not grown in short term rotation with food crops, benefit to agriculture;
(b) it does not cause the concentration in the soil of any of the elements listed in column 1 of the soil table set out in Schedule 2 to the 1989 Regulations to exceed the limit specified in column 2 of that table; and
(c) no more than 250 tonnes of sludge per hectare is used on the land in any period of 12 months.
(2) Storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) of sludge intended to be used for such treatment if—
(a) the sludge is stored at the place where it is to be used;
(b) the sludge 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, and
(iii) 250 metres from any borehole used to supply water for domestic or food production purposes;
(c) no sludge is stored within a zone defined by a 50 day travel time for groundwater to reach a groundwater source used to supply water for domestic or food production purposes;
(d) no sludge is stored 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;
(e) no sludge is stored for a period of more than 12 months; and
(f) no more than 1,250 tonnes of sludge is stored at any one time.
(3) In this paragraph “sludge” means residual 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.
7.—(1) Subject to sub-paragraph (5), treatment of land used for agriculture with any kind of waste specified in column 2 of the Table in sub-paragraph (3) from the corresponding source specified in column 1 of that Table where such treatment results in benefit to agriculture or ecological improvement.
(2) Subject to sub-paragraph (5), treatment with a kind of waste specified in column 2 of Part 1 of the Table in sub-paragraph (3) from the corresponding source specified in column 1 of Part 1 of that Table of—
(a) operational land of a railway, light railway, water undertaker, internal drainage board, British Waterways Board or the Agency; or
(b) land which is a forest, woodland, park, garden, verge, landscaped area, sports ground, recreation ground, churchyard or cemetery,
where the land in question is not used for agriculture and such treatment results in ecological improvement.
(3) The Table referred to in sub-paragraphs (1) and (2) is set out below.
| Column 1 | Column 2 |
|---|---|
| Source of Waste | Kind of Waste |
| PART 1 | |
| Wastes from forestry, aquaculture, horticulture and fishing | Plant-tissue waste |
| Wastes from sugar processing | Soil from cleaning and washing beet |
| Wastes from wood processing and the production of panels and furniture | Waste bark and cork Sawdust shavings, cuttings, wood and particle board |
| Wastes from pulp, paper and cardboard production and processing | Waste bark and wood, pulp from virgin timber |
| Soil (excluding excavated soil from contaminated sites), stones and dredging spoil | Soil and stones |
| Wastes from aerobic treatment of solid wastes | Compost of biodegradable garden and park waste |
| Garden and park wastes (including cemetery waste) | Biodegradable waste Soil and stones |
| PART 2 | |
| Wastes from the preparation and processing of meat, fish and other foods of animal origin | Blood and gut contents from abattoirs, poultry preparation plants or fish preparation plants Wash waters and sludges (with or without treatment) from abattoirs, poultry preparation plants or fish preparation plants Shells from shellfish processing |
| Wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation | All wastes derived from the processing of such materials |
| Wastes from sugar processing | All wastes derived from the processing of sugar |
| Wastes from the dairy products industry | Wastes derived from the processing of dairy products |
| Wastes from the baking and confectionery industry | All wastes derived from the processing of raw materials used in the baking and confectionery industry |
| Wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) | All wastes derived from the processing of the raw materials used in the production of such beverages |
| Wastes from pulp, paper and cardboard production and processing | De-inked paper sludge and de-inked paper pulp from paper recycling Lime mud waste |
| Wastes from the leather and fur industry | Sludges from on-site effluent treatment free of chromium |
| Wastes from the textile industry | Organic matter from natural products Wastes from finishing other than those containing organic solvents Sludges from on-site effluent treatment Wastes from textile fibres |
| Wastes from the manufacture of cement, lime and plaster and articles and products made from them | Wastes from calcinations and hydration of lime Gypsum |
| Wastes from power stations and other combustion plants | Gypsum |
| Soil (including excavated soil from contaminated sites), stones and dredging spoil | Dredging spoil (other than those containing dangerous substances) |
| Wastes from aerobic treatment of waste | Compost derived from source segregated biodegradable waste Liquor from aerobic treatment of source segregated biodegradable waste Digestate from aerobic treatment of source segregated biodegradable waste |
| Wastes from anaerobic treatment of waste | Compost derived from source segregated biodegradable waste Liquor from anaerobic treatment of source segregated biodegradable waste Digestate from anaerobic treatment of source segregated biodegradable waste |
| Wastes from the preparation of water intended for human consumption or water for industrial use | Sludges from water clarification |
(4) Secure storage, at the place where it is to be used, of not more than 1,250 tonnes of waste intended to be used for a treatment falling within sub-paragraph (1) or (2), if—
(a) the waste is stored at a distance of 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, and
(iii) 250 metres from any borehole used to supply water for domestic or food production purposes;
(b) no waste is stored 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
(c) the waste is stored for no more than 12 months.
(5) An operation only falls within sub-paragraph (1) or (2) if—
(a) it is carried on in relation to an area of land of 50 hectares or less;
(b) no more than the following quantities of waste are used on the land in any period of 12 months—
(i) in the case of sugar beet soil, 1,500 tonnes per hectare,
(ii) in the case of dredging spoil from inland waters, 5,000 tonnes per hectare, or
(iii) in the case of any other waste, no more than 250 tonnes per hectare; and
(c) the operation is carried on in accordance with any requirements imposed by—
(i) in England, the Animal By-Products Regulations 2005(62);
(ii) in Wales, the Animal By-Products (Wales) Regulations 2006(63).
(6) In this paragraph—
(a) “agriculture” has the meaning given by section 109 of the Agriculture Act 1947(64);
(b) “operational land” in relation to an internal drainage board means land which is held for the purpose of carrying out its functions as an internal drainage board.
8.—(1) Storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) of sludge which is to be used in accordance with the 1989 Regulations if—
(a) the sludge is stored at the place where it is to be used;
(b) the sludge is stored at a distance of 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, and
(iii) 250 metres from any borehole used to supply water for domestic or food production purposes;
(c) no sludge is stored within a zone defined by a 50 day travel time for groundwater to reach a groundwater source used to supply water for domestic or food production purposes;
(d) no sludge is stored 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;
(e) no sludge is stored for a period of more than 12 months; and
(f) no more than 1,250 tonnes of sludge is stored at any one time.
(2) In this paragraph “sludge” means residual 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.
9.—(1) Subject to sub-paragraph (3)—
(a) spreading a kind of waste specified in column 2 of Part 1 of the Table in sub-paragraph (2) from the corresponding source specified in column 1 of Part 1 of that Table on any land; or
(b) spreading a kind of waste specified in column 2 of Part 2 of the Table in sub-paragraph (2) from the corresponding source specified in column 1 of Part 2 of that Table on any land where that operation results in benefit to agriculture or ecological improvement.
(2) The Table referred to in sub-paragraph (1) is set out below.
| Column 1 | Column 2 |
|---|---|
| Source of Waste | Kind of Waste |
| PART 1 | |
| Wastes from physical and chemical processing of non-metalliferous minerals | Waste gravel and crushed rocks Waste sand and clays |
| Wastes from sugar processing | Soil from cleaning and washing beet |
| Wastes from power stations and other combustion plants (except wastes from waste management facilities, off-site waste water treatment plants and the preparation of water intended for human consumption and water for industrial use) | Pulverised fuel ash, bottom ash and slag |
| Wastes from manufacture of ceramic goods, bricks, tiles and construction products | Waste ceramics, bricks, tiles and construction products (after thermal processing) |
| Wastes from manufacture of cement, lime and plaster and articles and products made from them | Waste concrete and concrete sludge |
| Concrete, bricks, tiles and ceramics | Bricks Tiles and ceramics Mixtures of concrete, bricks, tiles and ceramics |
| Wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, palletising) not otherwise specified | Minerals (for example sand, stones) |
| Wastes from soil and groundwater remediation | Solid wastes from soil remediation (other than those containing dangerous substances) |
| Garden and park wastes (including cemetery waste) | Soil and stones |
| Soil (including excavated soil from contaminated sites), stones and dredging spoil | Track ballast other than those containing dangerous substances |
| PART 2 | |
| Wastes from pulp, paper and cardboard production and processing | De-inked paper sludge and de-inked paper pulp Lime mud waste |
| Soil (including excavated soil from contaminated sites), stones and dredging spoil | Soil and stones other than those containing dangerous substances Dredging spoil other than those containing dangerous substances |
| Wastes from aerobic treatment of solid wastes | Compost |
| Wastes from waste water treatment plants | Sludges from treatment of urban waste water |
| Wastes from the preparation of water intended for human consumption or water for industrial use | Sludges from water clarification |
| Wastes from soil and groundwater remediation | Sludges from soil remediation (other than those containing dangerous substances) |
(3) An operation does not fall within sub-paragraph (1) unless—
(a) the waste is spread for the purpose of reclamation, restoration or improvement of land which has been subject to industrial or other man-made development, and the use to which that land could be put would be improved by the spreading;
(b) the waste is spread in accordance with any requirement of or under the Town and Country Planning Act 1990(65);
(c) the waste is spread to a depth not exceeding the lesser of—
(i) 2 metres, or
(ii) the final cross-sections shown on any plan submitted under paragraph 8 of Schedule 2; and
(d) no more than 20,000 cubic metres of waste are spread per hectare.
(4) Secure storage for a period not exceeding 6 months, at the place where it is to be spread, of waste intended to be spread in reliance on sub-paragraph (1).
10.—(1) Treatment within the curtilage of a water treatment works of—
(a) sludge from water clarification;
(b) sludge from decarbonation solutions;
(c) sludge from regeneration of solutions and ion exchanges; and
(d) waste water and bore-hole flushings,
arising from water treatment at the works if the total quantity of waste which is treated in any period of 12 months does not exceed 10,000 cubic metres.
(2) Secure storage of waste intended to be submitted to such treatment if that storage is at the works where the waste is produced.
(3) Subject to sub-paragraph (5)—
(a) any recovery operation carried on within the curtilage of a sewage treatment works (other than the recovery of sewage, sludge or septic tank sludge as an integral part of the operation of those works) in relation to a kind of waste specified in column 2 of the Table in sub-paragraph (4) from the corresponding source specified in column 1 of that Table; and
(b) secure storage within the curtilage of a sewage treatment works of waste intended to be subjected to such a recovery operation.
(4) The Table referred to in sub-paragraph (3) is set out below.
| Column 1 | Column 2 |
|---|---|
| Source of Waste | Kind of Waste |
| Wastes from other sewage treatment works | Screenings Sludges from treatment of urban waste water |
| Other municipal wastes | Septic tank sludge Cesspool waste and other sewage sludge Waste from sewage cleaning |
| Wastes from the preparation of water intended for human consumption or for industrial use | Sludges from water clarification Sludges from decarbonation Solutions and sludges from regeneration of ion exchangers |
(5) An operation does not fall within sub-paragraph (3) unless—
(a) the total quantity of waste brought to the sewage treatment works in any period of 12 months does not exceed 100,000 cubic metres; and
(b) the operation is carried out on an area with an impermeable pavement capable of containing any spillage of waste received and connected to a drainage system with impermeable components which does not leak and which will ensure that—
(i) no liquid will run off the pavement otherwise than via the system, and
(ii) except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump.
(6) In this paragraph—
“sludge” (in relation to sewage) means residual 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;
“septic tank sludge” means residual sludge from septic tanks and other similar installations for the treatment of sewage.
11.—(1) Carrying on, at any place, an operation specified in column 2 of the Table in sub-paragraph (2) relating to a corresponding kind of waste listed in column 1 of that Table where—
(a) the operation is carried on with a view to the recovery or reuse of the waste, whether or not by the person carrying it on; and
(b) the total quantity of any particular kind of waste dealt with at that place does not in any period of 7 days exceed the corresponding limit specified in column 3 of that Table.
(2) The Table referred to in sub-paragraph (1) is set out below.
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Kind of waste | Operations | Limit (tonnes per week) |
| Waste paper or cardboard | Baling, sorting or shredding | 3,000 |
| Waste textiles | Baling, sorting or shredding | 100 |
| Waste plastic | Baling, sorting, shredding, densifying or washing | 100 |
| Waste glass | Sorting, crushing or washing | 1,000 |
| Waste steel cans, aluminium cans or aluminium foil | Sorting, crushing, pulverising, shredding, compacting or baling | 100 |
| Waste food or drink cartons | Sorting, crushing, pulverising, shredding, compacting or baling | 100 |
12.—(1) Subject to sub-paragraph (2), composting biodegradable waste at the place where the waste is produced or where the compost is to be used, or at any other place occupied by the person producing the waste or using the compost, if the total quantity of waste being composted at that place at any time does not exceed—
(a) in the case of waste composted or to be composted for the purposes of cultivating mushrooms, 10,000 cubic metres; and
(b) in any other case, 1,000 cubic metres.
(2) An operation does not fall within sub-paragraph (1) if it falls within paragraph (a) of Part B of Section 6.8 of Part 2 of Schedule 1.
(3) Storing biodegradable waste which is to be composted if that storage is at the place where the waste is produced or is to be composted.
(4) In this paragraph, “composting” includes any biological transformation process that results in materials which may be spread on land for the benefit of agriculture or ecological improvement.
13.—(1) Manufacturing timber products, straw board, plasterboard, bricks, blocks, roadstone or aggregate from—
(a) waste which arises from demolition or construction work or tunnelling or other excavations; or
(b) waste which consists of ash, slag, clinker, rock, wood, bark, paper, straw or gypsum.
(2) Manufacturing soil or soil substitutes from any of the wastes listed in sub-paragraph (1) if—
(a) the manufacture is carried out at the place where either the waste is produced or the manufactured product is to be applied to land; and
(b) the total amount manufactured at that place on any day does not exceed 500 tonnes.
(3) Treatment of waste soil or rock which, when treated, is to be spread on land under paragraph 7 or 9, if—
(a) it is carried out at the place where the waste is produced or the treated product is to be spread; and
(b) the total amount treated at that place in any day does not exceed 100 tonnes.
(4) Storage of waste which is to be submitted to any operation falling within sub-paragraphs (1) to (3) if—
(a) the waste is stored at the place where the operation is to be carried on; and
(b) the total quantity of waste stored at that place does not exceed—
(i) in the case of the manufacture of roadstone from road planings, 50,000 tonnes, and
(ii) in any other case, 20,000 tonnes.
14.—(1) Manufacturing finished goods from any of the following kinds of waste—
(a) metal;
(b) plastic;
(c) glass;
(d) ceramics;
(e) rubber;
(f) textiles;
(g) wood;
(h) paper; or
(i) cardboard.
(2) Storing any such waste intended to be used in such manufacturing if—
(a) the waste is stored at the place of manufacture; and
(b) the total amount of any particular kind of waste stored at that place at any time does not exceed 15,000 tonnes.
15.—(1) Subject to sub-paragraph (3), the beneficial use of waste if—
(a) the waste is put to that use without further treatment; and
(b) that use does not involve the disposal of the waste.
(2) Storing waste intended to be used for such beneficial use to the extent that the storage does not amount to disposal of the waste.
(3) An operation does not fall within this paragraph if it falls within a description in paragraph 7, 9, 10, 11, 19 or 25.
16.—(1) Disposal of agricultural waste consisting of non-hazardous pesticide solution or washings in a lined biobed at the place of production of the waste if—
(a) every part of the place where the activity is carried out is surfaced with an impermeable pavement provided with a sealed drainage system so that all liquids are directed into the biobed;
(b) the biobed is located at a secure place at least—
(i) 10 metres from a watercourse, and
(ii) 50 metres from a spring, well or borehole;
(c) the lining of the biobed is impermeable;
(d) the biobed is suitable for treatment of the waste;
(e) the biobed is covered with turf; and
(f) the total quantity of waste being treated does not exceed 15,000 litres in any period of 12 months.
(2) Secure covered storage of not more than 1,500 litres of waste at the place where it is intended to be so disposed of.
(3) Treatment of land used for agriculture with agricultural waste consisting of biobed material where such treatment results in benefit to agriculture or ecological improvement if—
(a) the biobed material is stored securely for 12 months before it is spread;
(b) the biobed material consists of a mixture of straw, compost and biologically active soil;
(c) the land is at least—
(i) 10 metres from a watercourse, and
(ii) 50 metres from a spring, well or borehole;
(d) at the start of the treatment and at any time during the treatment—
(i) the land has not been frozen for 12 or more hours during the preceding 24 hours, and
(ii) the land is not waterlogged, flooded or snow-covered;
(e) the operation is carried out in accordance with any requirement imposed by an action programme under the Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998(66); and
(f) the total quantity of waste used does not exceed 50 tonnes per hectare in any period of 12 months.
(4) Secure storage at the place of production of waste that is intended to be so treated if—
(a) no more than 50 cubic metres is stored at any one time; and
(b) no waste is stored for more than 3 years.
17.—(1) Storage in a secure place on any premises of waste of a type listed in the Table in sub-paragraph (2) if—
(a) the waste is stored for the purpose of its recovery;
(b) the total quantity of any particular type of waste stored on those premises at any time does not exceed the corresponding storage limit specified in the Table;
(c) the period for which any particular type of waste is stored on those premises does not exceed the corresponding limits specified in the Table;
(d) in the case of hazardous waste, the waste is stored on an impermeable surface;
(e) in the case of any solvents, chlorofluorocarbons, hydrochlorofluorocarbons, hydrofluorocarbons, paints or edible oil, the waste is stored in sealed leak proof containers; and
(f) each kind of waste listed in the Table and stored on those premises is kept separately.
(2) The Table referred to in sub-paragraph (1) is set out below.
| Kind of Wastea | Maximum quantity stored at one time | Maximum duration of storage |
|---|---|---|
a
Where a description of a waste follows a 6 digit code, only that kind of waste falling within the code is included |
||
| 02 01 02, 02 02 02 (mammalian protein) | 60,000 tonnes | 12 months |
| 02 01 02, 02 02 02 (mammalian tallow) | 45,000 tonnes | 12 months |
| 10 11 12, 15 01 07, 16 01 20, 17 02 02, 19 12 05, 20 01 02 (glass) | 5,000 tonnes | 12 months |
| 14 06 01* (chlorofluorocarbons, hydrochlorofluorocarbons and hydrofluorocarbons) | 18 tonnes | 6 months |
| 14 06 02*, 14 06 03*, 20 01 13* (solvents and solvent mixtures) | 5 cubic metres | 6 months |
| 15 01 01, 19 12 01, 20 01 01 (paper and cardboard) | 15,000 tonnes | 12 months |
| 15 01 01, 19 12 01, 20 01 01 (cartons) | 500 tonnes | 12 months |
| 15 01 02, 20 01 39 (plastic) | 500 tonnes | 12 months |
| 15 01 04, 20 01 40 (cans and foil) | 500 tonnes | 12 months |
| 16 01 03 (tyres) | 1,000 tyres | 12 months |
| 17 01 01 to 17 08 02 except for 17 03 02, 17 05 04, 17 05 06 and 17 05 08 (non-hazardous construction and demolition waste articles which are to be used for construction work and are capable of being used in their existing state) | 100 tonnes | 12 months |
| 15 01 03, 17 02 01, 17 02 04*, 20 01 37*, 20 01 38 (wood including telegraph poles and railway sleepers) | 100 tonnes | 12 months |
| 15 01 09, 19 12 08, 20 01 10, 20 01 11 (textiles and clothes) | 1,000 tonnes | 12 months |
| 20 01 25 (edible oil) | 500 tonnes | 12 months |
| 20 01 27*, 20 01 28 (paints (excluding specialist and industrial paints, wood preservatives, aerosol and spray paints, inks, adhesives and resins) pending re-use as paint) | 10,000 litres | 6 months |
18.—(1) The storage on any premises in a secure container or containers of waste of a kind listed in the Table in sub-paragraph (2) if—
(a) the storage capacity of the container or containers does not exceed 400 cubic metres in total;
(b) there are no more than 20 containers on those premises;
(c) the waste is stored for the purpose of recovery;
(d) each kind of waste listed in the Table and stored on the premises is kept separately;
(e) the waste is not stored on the premises for longer than—
(i) in the case of hypodermic syringes and sharps, 1 month,
(ii) in any other case, 12 months;
(f) the person storing the waste is the owner of the container or has the consent of the owner; and
(g) the other requirements specified in relation to that kind of waste in the Table are met.
(2) The Table referred to in sub-paragraph (1) is set out below.
| Kind of Wastea | Other requirements |
|---|---|
a
Where a description of a waste follows a 6 digit code, only that kind of waste falling within the code is included. |
|
| 13 01 09* to 13 07 01* except 13 03 01* to 13 03 10* and 13 05 01* to 13 05 08* (waste oils) | The waste is stored at a distance of at least 10 metres from any inland or coastal waters and 50 metres from any well, borehole or similar work sunk into underground strata for the purpose of any water supply; The storage capacity of any container or containers used for the waste does not exceed 3 cubic metres in total; Provision is made to prevent oil escaping into the ground. |
| 15 01 01, 20 01 01 (cartons) | |
| 15 01 02, 20 01 39 (plastics and plastic packaging) | |
| 15 01 04, 20 01 40 (cans and foil) | |
| 20 01 99 (hypodermic syringes and sharps) | The storage capacity of the container or containers used for the waste does not exceed 2 cubic metres in total |
| 15 01 01, 20 01 01 (paper and cardboard) | |
| 15 01 07, 20 01 02 (glass) | |
| 15 01 09, 20 01 10, 20 01 11 (textiles and clothes) | |
| 20 01 33* (sorted or unsorted separate collections of batteries containing hazardous batteries) | |
| 20 01 34 (sorted or unsorted separate collections of batteries not containing hazardous batteries) | |
19.—(1) Storage on a site of a kind of waste specified in Column 2 of the Table in sub-paragraph (3) from the corresponding source specified in Column 1 of that Table for the purposes of relevant work carried on at the site, if—
(a) the waste is suitable for use for those purposes;
(b) no more than 50,000 tonnes of such waste are stored at the site; and
(c) in the case of waste which is not produced on the site, it is not stored there for longer than 6 months.
(2) The use of a kind of waste specified in Column 2 of the Table in sub-paragraph (3) from the corresponding source specified in Column 1 of that Table for the purposes of relevant work, if—
(a) the waste is suitable for use for those purposes;