The Environmental Permitting (England and Wales) Regulations 2010

JurisdictionUK Non-devolved
CitationSI 2010/675

2010 No. 675

Environmental Protection, England And Wales

The Environmental Permitting (England and Wales) Regulations 2010

Made 10th March 2010

Coming into force in accordance with regulation 1(1)(b)

These Regulations are made in exercise of the powers conferred by sections 2 and 7(9) of, and Schedule 1 to, the Pollution Prevention and Control Act 19991.

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, have in accordance with section 2(4) of that Act consulted2

(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 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 Act3.

The Secretary of State in relation to England, and the Welsh Ministers in relation to Wales, make the following Regulations.

1 General

PART 1

General

S-1 Citation, commencement, extent and application

Citation, commencement, extent and application

1.—(1) These Regulations—

(a)

(a) may be cited as the Environmental Permitting (England and Wales) Regulations 2010;

(b)

(b) come into force on 6th April 2010, immediately after the coming into force of the Environmental Permitting (England and Wales) (Amendment) (No 2) Regulations 20094; and

(c)

(c) extend to England and Wales only.

(2) These Regulations apply to the sea adjacent to England and Wales out as far as the seaward boundary of the territorial sea; and for that purpose—

(a)

(a) the sea adjacent to England is so much of the sea adjacent to Great Britain as is not the sea adjacent to Wales or the sea adjacent to Scotland;

(b)

(b) the sea adjacent to Wales has the same meaning as it has by virtue of section 158(3) or (4) of the Government of Wales Act 20065; and

(c)

(c) the sea adjacent to Scotland has the same meaning as the internal waters and territorial sea of the United Kingdom adjacent to Scotland has by virtue of section 126(2) of the Scotland Act 19986.

S-2 Interpretation: general

Interpretation: general

2.—(1) In these Regulations—

“the 1980 Act” means the Highways Act 19807;

“the 1990 Act” means the Environmental Protection Act 19908;

“the 1991 Act” means the Water Resources Act 19919;

“the 1993 Act” means the Radioactive Substances Act 199310;

“the 1995 Act” means the Environment Act 199511;

“the 2007 Regulations” means the Environmental Permitting (England and Wales) Regulations 200712;

“the 2009 Regulations” means the Groundwater (England and Wales) Regulations 200913;

“the Agency” means the Environment Agency;

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

“the Animal By-Products Regulations” means—

(a) in relation to England, the Animal By-Products Regulations 200514,

(b) in relation to Wales, the Animal By-Products (Wales) Regulations 200615;

“appropriate authority” means—

(a) in relation to England, the Secretary of State, and

(b) in relation to Wales, the Welsh Ministers;

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

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

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

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

“date of registration” has the meaning given in paragraph 1 of Schedule 2;

“directly associated activity”—

(a) in relation to a SED activity, has the meaning given in paragraph 2 of Schedule 14,

(b) in relation to any other activity falling within Part 2 of Schedule 1, has the meaning given in paragraph 1 of Part 1 of that Schedule;

“disposal”—

(a) except in relation to a radioactive substances activity, has the meaning given in paragraph 2 of Schedule 9,

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

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

“emission” means—

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

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

(c) in relation to 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,

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

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

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

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

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

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

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

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

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

(a) is the subject of a licence under Part 2 of the Food and Environment Protection Act 198516or does not require such a licence by virtue of an order under section 7 of that Act, or

(b) relates to waste described in regulation 7(1) of the Controlled Waste Regulations 199217;

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

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

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

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

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

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

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

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

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

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

“hazardous waste”, except in Section 5.1 of Part 2 of Schedule 1—

(a) in relation to England, has the meaning given in regulation 6 of the Hazardous Waste (England and Wales) Regulations 200518,

(b) in relation to Wales, has the meaning given in regulation 6 of the Hazardous Waste (Wales) Regulations 200519;

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

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

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

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

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

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

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

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

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

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

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

“mobile plant” means any of the following—

(a) Part A mobile plant,

(b) Part B mobile plant,

(c) waste mobile plant;

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

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

“non-hazardous waste”, except in Section 5.1 of Part 2 of Schedule 1, means waste which is not hazardous waste;

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

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

“Part A activity” and “Part B activity” have the meaning given in paragraph 1 of Part 1 of Schedule 1;

“Part A installation”, “Part A(1) installation, “Part A(2) installation” and “Part B installation” have the meaning given in paragraph 1 of Part 1 of Schedule 1;

“Part A mobile plant”, “Part A(1) mobile plant”, “Part A(2) mobile plant” and “Part B mobile plant” have the meaning given in paragraph 1 of Part 1 of Schedule 1;

“pollutant” means any substance liable to cause pollution;

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

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

(b) result in damage to material property, or

(c) impair or interfere with amenities or...

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