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The Environmental Permitting (England and Wales) Regulations 2016

Type Statutory-Instrument

Publication 2016-12-11

Last updated 2026-03-11

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(2) The appropriate authority may in a particular case allow notice of appeal to be given after the periods mentioned in sub-paragraph (1)(b) to (e) have expired.

Notice to affected and interested persons

4

(1) The regulator must, within 10 working days after receipt of a copy of a notice of appeal, give notice of it to any person whom the regulator considers is affected by, is likely to be affected by, or has an interest in, the subject matter of the appeal.

(2) A notice must include—

(a) a description of the subject matter of the appeal, and

(b) a statement that representations in writing may be made to the appropriate authority within a period of 15 working days after the date of the notice.

(3) The regulator must notify the appropriate authority of the persons to whom, and the date on which, such a notice was sent, within 10 working days after sending it.

(4) The regulator must give notice of the withdrawal of an appeal to every person given such a notice.

Hearing before an appointed person

5

(1) Before determining an appeal the appropriate authority may give the appellant and the regulator an opportunity of appearing before and being heard by a person appointed by the appropriate authority, and must do so in a case where a request is duly made by the appellant or the regulator to be so heard.

(2) If the appointed person so decides, a hearing may be held wholly or to any extent in private.

(3) The persons entitled to be heard at a hearing are—

(a) the appellant,

(b) the regulator, and

(c) a person who has made representations to the regulator in respect of the subject matter of the appeal within the period mentioned in paragraph 4(2)(b).

(4) The appointed person may permit other persons to be heard and such permission must not be unreasonably withheld.

(5) After the hearing, the appointed person must make a report in writing to the appropriate authority which must include the appointed person's—

(a) conclusions, and

(b) recommendations or reasons for not making recommendations.

(6) Subsections (2) to (5) of section 250 of the Local Government Act 1972 apply to hearings held under this paragraph by an appointed person as they apply to inquiries caused to be held under that section by a Minister with the following modifications—

(a) the substitution in subsection (2) for the reference to the person appointed to hold the inquiry with a reference to the appointed person;

(b) the substitution in subsection (4) for the references to the Minister causing the inquiry to be held with references to the appropriate authority;

(d) the substitution in subsection (5) for the reference to the Minister causing the inquiry to be held with a reference to the appropriate authority.

Notice of determination of an appeal

6

(1) The appropriate authority must give notice to the appellant of its determination and provide the appellant with a copy of the report mentioned in paragraph 5(5).

(2) At the same time the appropriate authority must send—

(a) a copy of the documents mentioned in sub-paragraph (1) to the regulator, and

(b) a copy of its determination to any person who made representations in respect of the subject matter of the appeal to the authority, or at any hearing.

Procedure following the quashing of a determination of an appropriate authority

7

(1) If a determination is quashed in proceedings before a court, the appropriate authority—

(a) must send to the persons notified of its determination under paragraph 6 a statement of the matters in relation to which further representations are invited,

(b) must give those persons the opportunity of making written representations in respect of those matters within 20 working days after the date of the statement, and

(2) If a hearing is held or reopened under sub-paragraph (1)(c), paragraphs 5(2) to 5(6) apply as they apply to a hearing held under paragraph 5(1).

(3) Paragraph 6 applies to the redetermination of an appeal as it applies to the determination of that appeal.

SCHEDULE 7 — Part A installations: Industrial Emissions Directive

Application

1

This Schedule applies to every Part A installation.

Interpretation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of regulator's functions: general

3

The regulator must exercise its functions under these Regulations for the purpose of achieving a high level of protection of the environment taken as a whole by, in particular, preventing or, where that is not practicable, reducing emissions into the air, water and land.

Applications for the grant of an environmental permit

4

The regulator must ensure that every application for the grant of an environmental permit includes the information specified in Article 12 of the Industrial Emissions Directive.

Exercise of relevant functions

5

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

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

(b) Article 7;

(d) Article 9;

(e) Article 11;

(f) Article 13(7);

(g) Article 14;

(h) Article 15 ... ;

(i) Article 16;

(j) Article 17;

(k) Article 18;

(l) Article 20(1) and (2);

(m) Article 22 ... ;

(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Developments in best available techniques

6

(1) The regulator must ensure that it is informed of developments in best available techniques and of the publication of any new or updated BAT conclusions and where appropriate must exercise its functions so as to encourage the application of emerging techniques, in particular those identified in BAT reference documents.

(2) In this paragraph—

“BAT conclusions” has the meaning given in Article 3(12) of the Industrial Emissions Directive;

“BAT reference document” has the meaning given in Article 3(11) of the Industrial Emissions Directive;

“best available techniques” has the meaning given in Article 3(10) of the Industrial Emissions Directive;

“emerging technique” has the meaning given in Article 3(14) of the Industrial Emissions Directive.

Review of environmental permits

7

The regulator must review an environmental permit in accordance with Article 21 of the Industrial Emissions Directive if any of the circumstances in that Article applies in relation to the Part A installation whose operation the permit authorises.

Public participation

8

The regulator must exercise its functions so as to meet the requirements of Article 24 of the Industrial Emissions Directive.

Inspections

9

When inspecting a regulated facility in accordance with regulation 34(2) the regulator must comply with Article 23 of the Industrial Emissions Directive.

SCHEDULE 8 — Part B installations and Part B mobile plant etc.

Application

1

(1) Subject to sub-paragraph (2), in England and Wales, this Schedule applies in relation to every Part B installation.

(2) Where installations are Part B installations solely because of the aggregation of the net rated thermal input of two or more appliances in accordance with paragraph 2 under the heading “Interpretation and application of Part B” in Section 1.1 of Part 2 of Schedule 1, only paragraph 4(1)(a) of this Schedule applies to those installations (in addition to the provisions in Schedule 24).

(3) In Wales only, this Schedule also applies in relation to every small waste incineration plant (in addition to the provisions in Schedule 13) and in relation to every solvent emission activity (in addition to the provisions in Schedule 14).

Interpretation

2

For the purposes of this Schedule—

“best available techniques” means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing in principle the basis for emission limit values relevant to air pollution designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole, where—“techniques” includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned;“available techniques” means those techniques developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, and which are reasonably accessible to the operator;“best” means most effective in achieving a high general level of protection of the environment as a whole;

“installation” means a Part B installation, Part B mobile plant, small waste incineration plant or solvent emission activity.

Exercise of regulator's functions: general

3

The regulator must exercise its functions under these Regulations for the purpose of preventing or, where that is not practicable, reducing emissions into the air.

Applications for the grant of an environmental permit

4

(1) The regulator must ensure that every application for the grant of an environmental permit includes the following information—

(a) the installation and its activities;

(b) the sources of emissions to air from the installation;

(c) the nature and quantities of foreseeable emissions into the air from the installation as well as identification of significant effects of those emissions on the environment;

(d) the proposed technology or other techniques for preventing, or where that is not possible, reducing emissions to air from the installation;

(e) further measures planned to ensure that the installation is operated in such a way that—

(i) all appropriate preventive measures are taken against pollution, in particular through the application of best available techniques, and

(ii) no significant pollution is caused;

(f) measures planned to monitor emissions into the air;

(g) the main alternatives, if any, to the techniques or measures required in paragraphs (d) to (f);

(h) a non-technical summary of the details referred to in paragraphs (a) to (g).

(2) Sub-paragraph (1)(d) does not apply to the extent that the application relates to the burning of waste oil in an appliance with a net rated thermal input of less than 0.4 megawatts at a Part B installation.

(3) In the case of a new installation or a substantial change where Article 4 of Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment applies, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6 or 7 of that Directive shall be taken into consideration by the regulator for the purposes of granting the environmental permit.

(4) In sub-paragraph (3), a reference to a numbered Article of Directive 2011/92/EU is to be construed as a reference to the EU-derived domestic legislation which transposed that Article in respect of England and Wales.

Exercise of relevant functions

5

(1) The regulator must, for the purpose of preventing or, where that is not practicable, reducing emissions into the air, exercise its relevant functions in relation to the installations to which this Schedule applies—

(a) so as to ensure that they are operated in such a way that—

(i) appropriate preventive measures are taken against air pollution, in particular through the application of best available techniques;

(ii) no significant air pollution is caused;

(b) where an environmental quality standard requires stricter conditions than those achievable by the use of best available techniques, additional measures are required by the permit, without prejudice to other measures which might be taken to comply with environmental quality standards;

(c) permits include emission limit values, which may if appropriate be supplemented or replaced by equivalent parameters or technical measures, for polluting substances likely to be emitted into the air from the installation concerned in significant quantities;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The regulator must ensure that emission limit values or equivalent parameters or technical measures are based on best available techniques without prescribing the use of any technique or specific technology, but taking into account the technical characteristics of the installation, including (except in the case of mobile plant) its geographical location and the local environmental conditions.

(3) In this paragraph “substance” means any chemical element and its compounds and any biological entity or micro-organism, with the exception of the following substances—

(a) radioactive substances as defined in Article 4 of the Basic Safety Standards Directive;

(b) genetically modified micro-organisms as defined in Article 2(b) of Directive 2009/41/EC of the European Parliament and of the Council on the contained use of genetically modified micro-organisms ;

(c) genetically modified organisms as defined in point 2 of Article 2 of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms .

Change in operation

6

(1) Operators holding environmental permits for installations to which this Schedule applies must notify the regulator of any substantial change in the operation of that installation.

(2) Where there is a substantial change in the operation of an installation, the regulator must ensure that the environmental permit is reviewed and, if necessary, updated.

Review of permits

7

The regulator must review an environmental permit where—

(a) the air pollution caused by the installation is of such significance that the existing emission limit values of the permit need to be revised or new values need to be included in the permit,

(b) substantial changes in best available techniques make it possible to reduce emissions significantly without imposing excessive costs,

(d) new legislation necessitates a review.

Developments in best available techniques

8

The regulator must ensure that it is informed of developments in best available techniques.

SCHEDULE 9 — Waste operations and materials facilities

PART 1 — Waste operations

Application

1

This Schedule applies in relation to every waste operation.

Interpretation

2

In this Schedule—

“disposal” has the same meaning as in the Waste Framework Directive and related terms are to be construed accordingly;

“recovery” has the same meaning as in the Waste Framework Directive and related terms are to be construed accordingly.

Exercise of relevant functions

3

(1) The regulator must exercise its relevant functions—

(a) for the purposes of ensuring that—

(i) the waste hierarchy referred to in Article 4 of the Waste Framework Directive is applied to the generation of waste by a waste operation;

(ii) waste generated by a waste operation is treated in accordance with Article 4 of the Waste Framework Directive;

(b) for the purposes of ensuring the objectives of Article 13 of the Waste Framework Directive are met, but not in respect of nuisances and hazards arising from traffic beyond the site of a waste operation;

(c) so as to ensure that the requirements in the second paragraph of Article 23(1) of the Waste Framework Directive are met;

(d) so as to ensure compliance with the following Articles of the Waste Framework Directive—

(i) Article 18(2)(b) and (c);

(ii) Article 23(3);

(iii) Article 23(4);

(iv) Article 35(1).

(2) But the following duties take effect in relation to an environmental permit which was in force on the date of coming into force of the Waste (England and Wales) Regulations 2011 on the first review of the permit by the regulator (under regulation 34(1)) after that date—

(a) the duty in sub-paragraph (1)(a), (d)(i) and (d)(iii);

(b) the duty in sub-paragraph (1)(c), to the extent that it is imposed in relation to Article 23(1)(e) and (f).

PART 2 — Materials facilities

CHAPTER 1 — Introductory provisions, conditions and functions

Assessment and notification

1

(1) At the start of each reporting period, the operator of a materials facility must assess the amount of ... waste material that facility is likely to receive during the relevant year by having regard to—

(a) the amount of ... waste material received at that facility during the period of 12 months immediately preceding the start of that reporting period, and

(b) the anticipated amount of ... waste material that will be received by that facility during the relevant year.

(2) The operator must notify the regulator in writing before the end of the reporting period if the assessment undertaken at the start of that period indicates that the materials facility is likely to receive a minimum of 1,000 tonnes of ... waste material during the relevant year.

(3) Where the operator has given a notification under sub-paragraph (2), no further notification is required under that sub-paragraph in relation to any subsequent assessment, for so long as that notification is not withdrawn.

(4) The operator may withdraw, in writing, a notification given under sub-paragraph (2) at any time if the operator considers that the materials facility is not likely to receive a minimum of 1,000 tonnes of ... waste material during the relevant year.

(5) In this paragraph, “relevant year” means the period of 12 months that commences on the first day of a reporting period.

Interpretation

2

(1) In this Part —

“drink” means—water suitable for human consumption,a beverage suitable for human consumption,a sports drink suitable for human consumption, ora liquid which constitutes a beverage or sports drink suitable for human consumption if it is—diluted,combined with crushed ice, or processed so as to create crushed ice,combined with carbon dioxide, orprepared by way of a process that involves any combination of the processes mentioned in paragraphs (i) to (iii) and includes, for example, fruit squash or fruit cordial;

“drink container” means a bottle or can in which a drink is supplied and which—is made wholly or mainly from polyethelene terephthalate (PET) plastic, steel or aluminium,has a capacity of at least 50 millilitres but no more than three litres of liquid,when it is filled for supply, is securely closed, andis designed to be used only once, or for a short period of time, before being discarded,together with any label applied to it and its lid or other closures;

“fibre-based composite material” means packaging material which is made of paperboard or paper fibres, laminated with plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand;

“material particles” means—for specified output material that is made up in largest proportion of glass material, particles of that material that measure less than 13 millimetres along their longest dimension, andin relation to all other types of specified output material and for ... waste material, particles of material measuring less than 55 millimetres along their longest dimension;

“materials facility” means, subject to sub-paragraph (2), a regulated facility or part of a regulated facility that receives ... waste material in order to— separate it into specified output material, orconsolidate it into bulk quantities (whether as a first point of consolidation for such waste or following the first consolidation of bulk quantities transferred from other suppliers),for the purpose of selling it, or transferring it to other facilities or persons to enable that material to be prepared for re-use or recycling;

“non-recyclable material” means waste material that is not capable of being recycled;

“non-target material” means material that is capable of being recycled but is not a target material;

“packaging” means all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods, from raw materials to processed goods, from the producer to the user or the consumer, including non-returnable items used for the same purposes, but only where the products are—primary packaging, which is packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase;secondary packaging, which is packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is supplied as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale; it can be removed from the product without affecting the product’s characteristics;tertiary packaging, which is packaging conceived so as to facilitate handling and transport of a number of sales units or secondary packaging in order to prevent damage from physical handling and transport damage and for these purposes tertiary packaging does not include road, rail, ship and air containers;shipment packaging, which is packaging in addition to primary packaging on items which are sold online or by mail order which are either delivered direct to the purchaser or collected by the purchaser from a shop or other collection point after they have been purchased;

“reporting period” means any of the following periods—1st January to 31st March;1st April to 30th June;1st July to 30th September;1st October to 31st December;

“specified output material” means a batch of material (whether or not waste) that is—produced from a separating process for ... waste material, and made up of one or more of the following kinds of material— glass;metal;paper;card;plastic;fibre-based composite material;

“sports drink” means a drink which is advertised or marketed as a product to enhance physical performance, accelerate recovery after exercise or build bulk, or other similar drink;

“target material” means material (whether of one kind or more) that is identified by the operator of a materials facility as destined (whether by that facility or by other facilities or persons) to be separated out from ... waste material or consolidated in order to produce bulk quantities of that identified material;

“waste material” means waste that—is household waste, or originates from a source other than household waste but is similar to household waste in terms of its nature or composition,has been separately collected (whether as a single kind of material or two or more kinds of material mixed together) for the primary purpose of preparing it for re-use or recycling, andconsists (whether wholly or in part) of any of the following kinds of material—glass;metal;paper;card;plastic;fibre-based composite material.

(2) In this Part —

(a) any reference to a “materials facility” excludes a facility or part of a facility—

(i) at which all the waste material received during a reporting period is attributable exclusively to a single supplier, unless the waste material so received is separated into specified output material at that facility;

(ii) that is provided pursuant to arrangements made under section 51(1)(b) of the 1990 Act by an authority that is a waste disposal authority within the meaning of section 30(2) of that Act;

(iii) that undertakes the processing or sorting of WEEE, waste batteries or accumulators;

(b) references to recycling, “recycled” or “recyclable” are to be construed in accordance with the meaning of “recycling” given in Article 3(17) of the Waste Framework Directive.

(3) For the purposes of this Part, in relation to a batch of waste material received at a materials facility—

(a) where that batch comprises material collected pursuant to arrangements made under section 45(1)(a) or (b) of the 1990 Act by an authority that is a waste collection authority within the meaning of section 30(3) of that Act, that authority is the supplier, except in a case falling within paragraph (b);

(b) where that batch has been transferred from another materials facility, the operator of the materials facility from which that material was transferred is the supplier;

(c) in a case not falling within paragraph (a) or (b), the person who collected the material or, if that person is not known, the person responsible for delivering it to the materials facility is the supplier.

Specification of conditions of environmental permits and exercise of relevant functions

3

(1) An environmental permit relating to a materials facility is subject to the condition that the operator of that facility must comply with paragraph 1(1) and (2) of this Part.

(2) Where the operator of a materials facility has given notification under paragraph 1(2) of this Part, an environmental permit relating to that facility is subject to the condition that the operator must comply with Chapter 2 of this Part for so long as that notification has not been withdrawn under paragraph 1(4) of this Part.

(3) The regulator must exercise its relevant functions in relation to a materials facility to ensure compliance with Chapter 2 of this Part.

(4) In the event of any inconsistency between the requirements imposed by virtue of Chapter 2 of this Part and any other condition contained in any environmental permit relating to a materials facility, the requirements imposed by Chapter 2 of this Part prevail.

CHAPTER 2 — Measurement and reporting requirements for materials facilities

Input material

4

(1) The operator of a materials facility must measure the total weight in tonnes of ... waste material received at that facility, from each supplier, during each reporting period.

(2) The operator of a materials facility must take samples of the waste material received at that facility, from each supplier, during each reporting period, except where that material is identified and kept apart as material which is to be transferred by the operator to another materials facility or person for the purpose of enabling it to be prepared for re-use or recycling, and measure the composition of those samples.

(3) For the purposes of sub-paragraph (2), one sample must be taken for every 75 tonnes of ... waste material received at the materials facility from each supplier.

(4) The total weight of all the samples taken for the purposes of sub-paragraph (3) must provide an average weight of 60kg or more per sample, and each sample taken must not weigh less than 55kg.

(5) For the purposes of sub-paragraph (2), measuring the composition of a sample taken means identifying the materials comprising that sample by reference to—

(a) the types of target material, non-target material and non-recyclable material that is contained in the sample,

(aa) subject to sub-paragraph (6A), the type of packaging that is contained in each type of target material, non-target material and non-recyclable material identified in that sample, including by reference to drink containers as a type of packaging, and

(b) the weight in kilograms of each type of target material, non-target material and non-recyclable material and each type of packaging that is so identified.

(6) The material that is identified in a sample taken for the purposes of sub-paragraph (2) must, as a minimum, be separately identified by reference to the following ...—

(a) glass;

(b) aluminium;

(d) paper;

(e) card;

(f) plastic bottles;

(g) plastic pots, tubs and trays;

(h) film or other flexible plastic;

(i) other plastic (not falling within paragraphs (f) to (h));

(j) fibre-based composite material;

(6A) Any glass that is identified in a sample taken for the purposes of sub-paragraph (2) must be separately identified and weighed as a type of packaging in accordance with sub-paragraph (5)(aa) only where the operator is given written notice by the regulator of the requirement to do so, and any such notice—

(a) must be given at least four weeks prior to the commencement of the reporting period in respect of which the measurements are to be taken, and

(b) must specify the minimum number of samples for each supplier in respect of which the measurements are required.

(7) If the sample taken under sub-paragraph (2) contains material particles, they are deemed to comprise the proportions of the types of target materials, non-target materials, non-recyclable materials and packaging (including glass packaging where notice has been given under paragraph (6A)) already identified as making up the other contents of that sample, and the weight of the material particles must be apportioned according to those proportions for that particular sample.

(8) For the purposes of this paragraph, where a batch of waste material received at a materials facility comprises material from more than one supplier, and the proportion of that batch attributable to a particular supplier cannot reasonably be ascertained, an estimate of the proportion is sufficient.

(9) The operator of a materials facility must ensure that the composition of each sample taken for the purposes of this paragraph is representative of the materials comprising the waste material from which it is taken.

Output material

5

(1) Apart from the ... waste material mentioned in sub-paragraph (2) and the specified output material mentioned in sub-paragraph (3), the operator of a materials facility must measure the total weight in tonnes of all other waste material that leaves the facility in each reporting period.

(2) The operator of a materials facility must measure the total weight in tonnes of all waste material that leaves the facility in each reporting period that has been identified and kept apart as material to be transferred by the operator to another materials facility or person for the purpose of enabling that material to be prepared for re-use or recycling.

(3) The operator of a materials facility must measure the total weight in tonnes of specified output material that leaves the facility in each reporting period.

(4) The operator of a materials facility must take samples of the specified output material produced at that facility in a reporting period and measure the composition of those samples.

(5) For the purpose of fulfilling the requirements in sub-paragraphs (3) and (4), the specified output material must, as a minimum, be identified by reference to the grade of glass, paper, card, aluminium, steel, plastic or fibre-based composite material making up each batch of specified output material.

(6) For the purpose of sub-paragraph (4), measuring the composition of a sample taken by the operator means identifying the materials comprising that sample, by reference to—

(a) the type of target material, non-target material and non-recyclable material that is contained in the sample,

(aa) subject to sub-paragraph (6A), the type of packaging that is contained in each type of target material, non-target material and non-recyclable material identified in that sample, including by reference to drink containers as a type of packaging, and

(b) the weight in kilograms of each type of target material, non-target material and non-recyclable material and each type of packaging that is so identified.

(6A) Any glass that is identified in measuring the composition of a sample for the purpose of sub-paragraph (4) must be separately identified and weighed as a type of packaging in accordance with sub-paragraph (6)(aa) only where the operator is given written notice by the regulator of the requirement to do so, and any such notice—

(a) must be given at least four weeks prior to the commencement of the reporting period in respect of which the measurements are to be taken, and

(b) must specify the minimum number of samples for each supplier in respect of which the measurements are required.

(7) Subject to sub-paragraph (7A) the samples mentioned in sub-paragraph (4) must be taken at a minimum frequency of once per the amount in tonnes that is specified in the second column of the following table, in relation to the type of ... material that is mentioned in the first column—

... Material	Amount
Glass	50 tonnes
Paper	60 tonnes
Card	60 tonnes
Metal (comprising aluminium, steel or both)	20 tonnes
Plastic	15 tonnes
Fibre-based composite material	60 tonnes

(7A) Where a sample contains more than one type of material, the applicable minimum frequency is to be determined by reference to the lowest figure in the second column of the table that is specified in relation to a material contained in the sample.

(8) The minimum weight of any sample taken for the purposes of sub-paragraph (4) is—

(a) 10kg in relation to glass,

(b) 50kg in relation to paper,

(d) 10kg in relation to metal (comprising aluminium, steel or both),

(e) 20kg in relation to plastic, and

(f) 50kg in relation to fibre-based composite material,

and for these purposes any sample that contains more than one type of material is to be treated as though it comprised only the material to which the lowest sampling frequency applies as determined under sub-paragraph (7A).

(9) For the purposes of sub-paragraph (5), the grade of a material means a description of that kind of material by reference to its particular material specification.

(10) If the sample taken under sub-paragraph (4) contains material particles, they are deemed to comprise the proportions of the types of target materials, non-target materials, non-recyclable materials and packaging (including glass packaging where notice has been given under sub-paragraph (6A)) already identified as making up the other contents of that sample, and the weight of the material particles must be apportioned according to those proportions for that particular sample.

(11) The operator of a materials facility must ensure that the composition of each sample taken for the purposes of this paragraph is representative of the materials comprising the batch of specified output material from which it is taken.

Records

6

(1) The operator of a materials facility must record the following information obtained for the purposes of paragraphs 4 and 5—

(a) the measurements taken under paragraph 4(1) and, for each batch of material of which the total weight is comprised—

(i) the date the batch was received, and

(ii) the name and address of the supplier (or of each supplier) for the batch concerned;

(b) details of all the samples and measurements taken for the purposes of paragraph 4(2) including the weight in kilograms of each sample and its composition and the date the sample was taken;

(ba) details of the methodology used in each case to ensure that the composition of the sample is representative for the purposes of paragraph 4(9);

(c) the measurements taken under paragraph 5(1) and details of where the other waste material that leaves the facility in each reporting period is sent and of the date it is sent;

(d) the measurements taken under paragraph 5(2) and details of where the ... waste material that leaves the facility in each reporting period is sent and of the date it is sent;

(e) the measurements taken under paragraph 5(3) and details of where the specified output material that leaves the facility in each reporting period is sent and of the date it is sent;

(f) details of all the samples and measurements taken for the purposes of paragraph 5(4) including the weight in kilograms of each sample and its composition, the date the sample was taken and any other details identifying the batch of specified output material from which it was taken;

(g) details of the amount in tonnes of specified output material that is produced by the materials facility in a reporting period, by reference to the grade of glass, aluminium, steel, paper , card and plastic ... material that makes up that batch of material;

(h) details of the methodology used in each case to ensure that the composition of the sample is representative for the purposes of paragraph 5(11).

(2) The information recorded under sub-paragraph (1) must—

(a) be retained by the operator of a materials facility for a minimum of 4 years from the date that it is first recorded in the case of information recorded before 1st October 2024 and for a minimum of 7 years from the date that it is first recorded in the case of information recorded on or after 1st October 2024, and

(b) be produced for inspection by the regulator if required during the period in which the information concerned is required to be retained.

Reports to the regulator

7

(1) The operator of a materials facility must provide a report to the regulator that includes the information set out in sub-paragraphs (3) and (4).

(2) The report mentioned in sub-paragraph (1) must be—

(a) produced in electronic format and in the form specified by the regulator, and

(b) submitted to the regulator in respect of a reporting period within 1 month of the expiry of that period.

(3) The following information must be provided for all ... waste material that is received by the materials facility during a reporting period—

(a) the measurements taken under paragraph 4(1) and the details for each batch of material recorded in accordance with paragraph 6(1)(a);

(b) the total number of all samples taken for each supplier under paragraph 4(2);

(c) the total weight in kilograms of all the samples taken for each supplier under paragraph 4(2) and the details for those samples as recorded in accordance with paragraph 6(1)(b);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The following information must be provided in respect of ... material that leaves the materials facility during a reporting period—

(a) the measurements taken under paragraph 5(1) and details of where the other waste material is sent recorded in accordance with paragraph 6(1)(c);

(b) the measurements taken under paragraph 5(2) and details of where the ... waste material is sent recorded in accordance with paragraph 6(1)(d);

(c) the measurements taken under paragraph 5(3) and details of where the specified output material is sent recorded in accordance with paragraph 6(1)(e);

(d) the total number of all samples taken under paragraph 5(4);

(e) the total weight in kilograms of all the samples that are taken under paragraph 5(4) , with the details for those samples recorded in accordance with paragraph 6(1)(f);

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10 — Landfill

Application

1

This Schedule applies in relation to every landfill except a landfill which finally ceased to accept waste for disposal before 16th July 2001.

Interpretation: general

2

(1) In this Schedule—

(a) unless otherwise provided, an expression that is defined in the Landfill Directive has the meaning given in that Directive,

(b) “the Decision” means Council Decision 2003/33/EC ,

(d) “landfill” has the meaning given in Article 2(g) of the Landfill Directive, but does not include any operation excluded from the scope of that Directive by Article 3(2) or (3).

(2) When interpreting ... the Decision for the purposes of this Schedule—

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

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) “PAHs (polycyclic aromatic hydrocarbons)” means Naphthalene, Acenaphthylene, Acenaphthene, Anthracene, Benzo(a)anthracene, Benzo(b)fluoranthene, Benzo(k)fluoranthene, Benzo(g,h,i)perylene, Benzo(a)pyrene, Chrysene, Coronene, Dibenzo(a,h)anthracene, Fluorene, Fluoranthene, Indeno(1,2,3-c,d)pyrene, Phenanthrene and Pyrene,

(e) “permit” means environmental permit,

(f) “SIC code” means the UK Standard Industrial Classification of Economic Activities 2007 (SIC 2007) published by the Office for National Statistics on 14th December 2007 and implemented on 1st January 2008 , and

(g) the competent authority is the regulator.

Applications for the grant of an environmental permit

3

The regulator must require that every application for the grant of an environmental permit includes the information specified in Article 7 of the Landfill Directive.

Inspection prior to operation

4

The regulator must inspect every landfill site so as to comply with the requirements in Article 8(c) of the Landfill Directive.

Exercise of relevant functions

5

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

(a) Article 4;

(b) Article 5(3) and (4);

(d) Article 8, but not in respect of nuisances and hazards arising from traffic beyond the site of a landfill;

(e) Article 9;

(f) Article 10;

(g) Article 11(1);

(h) Article 12;

(i) Article 13;

(j) Article 14.

(2) The regulator must exercise those relevant functions having regard to Article 1 of the Landfill Directive.

(3) The regulator must exercise those relevant functions so as to ensure compliance with the requirements imposed ... by the following provisions of the Decision—

(a) Article 2;

(b) Article 3;

(4) The regulator may exercise those relevant functions so as to permit the storage of metallic mercury in accordance with Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of the Landfill Directive for the exercise of relevant functions

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of the Decision Annex for the exercise of relevant functions: general

7

When interpreting the Decision Annex for the purposes of paragraph 5(3)—

(a) in points 1.1.1 and 1.2, the periods referred to as to be defined or determined by the appropriate authority are in each case 2 years,

(b) point 1.1.2(b) is to be read as requiring the SIC code of the process producing the waste to be part of the information referred to,

(d) ignore the third sentence of section 2,

(e) in points 2.1.2.1, 2.2.2, 2.3.1 and 2.4.1 the table columns headed “L/S = 10 l/kg” must be used to determine limit values,

(f) in the table in point 2.1.2.2, the limit value for PAHs (polycyclic aromatic hydrocarbons) is set at 100mg/kg,

(g) in point 2.2.3, the first reference to “gypsum-based materials” is to be read as “gypsum-based and other high sulphate-bearing materials”,

(h) in point 2.3.3, the first reference to “suitable asbestos waste” is to be read as “suitable materials”, and

(i) in the table in point 2.4.1, the limit values are subject to the qualification that the regulator may include conditions in an environmental permit authorising limit values for specific parameters (other than Dissolved Organic Carbon) up to 3 times higher than those listed for specified wastes accepted at a landfill, taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.

Interpretation of the Decision Annex for the exercise of relevant functions: general

8

When interpreting the Decision Annex for the purposes of paragraph 5(3)—

(a) in point 2.3.2, the criteria to ensure that granular waste will have sufficient physical stability and bearing capacity are that it has either—

(i) if it is cohesive waste, a mean in situ shear strength of at least 50kPa, or

(ii) if it is non-cohesive waste, an in situ bearing ratio of at least 5%;

(b) point 2.4.2 is to be read as if, in addition to the criteria listed, it requires the satisfaction of the criteria in paragraph (a)(i) and (a)(ii).

Interpretation of the Decision Annex for the exercise of relevant functions: additional acceptance criteria relating to physical stability and bearing capacity of granular waste

9

When interpreting the Decision Annex for the purposes of paragraph 5(3)—

(a) point 2.3.1 is to be read as if, in addition to the criteria listed, it requires the satisfaction of the following criteria in relation to stable, non-reactive monolithic hazardous waste and non-hazardous waste which is to be landfilled in the same cell with such waste—

(i) it meets either—

(aa) the limit values for leaching set out in the table in point 2.3.1, or

(bb) the limit values for leaching set out in the following table—

Component	Symbol	mg/m²
Arsenic	As	1.3
Barium	Ba	45
Cadmium	Cd	0.2
Total Chromium	Crtotal	5
Copper	Cu	45
Mercury	Hg	0.1
Molybdenum	Mo	7
Nickel	Ni	6
Lead	Pb	6
Antimony	Sb	0.3
Selenium	Se	0.4
Zinc	Zn	30
Chloride	Cl⁻	10,000
Fluoride	F⁻	60
Sulphate	SO₄²⁻	10,000
Dissolved Organic Carbon	DOC	Must be evaluated

(ii) it meets the additional criteria set out in the following table—

Parameter	Value
pH of the eluate from the monolith or crushed monolith	Must be evaluated
Electrical conductivity (µ S.cm-1m-2) of the eluate from the monolith or crushed monolith	Must be evaluated
Acid Neutralisation Capacity (ANC) of the crushed monolith	Must be evaluated

(iii) it has a mean unconfined compressive strength of at least 1Mpa after 28 days' curing,

(iv) it has either—

(aa) dimensions of greater than 40cm along each side, or

(bb) a depth and fracture spacing when hardened of greater than 40cm, and

(v) where the waste was subjected to treatment to render it monolithic, prior to such treatment it met the following limit value—

(aa) loss on ignition of 10%, or

(bb) total organic carbon of 6%;

(b) point 2.4.1 in the Decision Annex is to be read as if, in addition to the criteria listed, it requires the satisfaction of the following criteria in relation to monolithic waste to be accepted at a landfill for hazardous waste—

(i) it complies with paragraphs (a)(ii) to (a)(v), and

(ii) it meets either—

(aa) the limit values for leaching set out in the table in point 2.4.1, or

(bb) the limit values for leaching set out in the following table—

¹ The regulator may include conditions in an environmental permit authorising limit values for specific parameters (other than Dissolved Organic Carbon) up to 3 times higher for specified wastes accepted in a landfill, taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.	¹ The regulator may include conditions in an environmental permit authorising limit values for specific parameters (other than Dissolved Organic Carbon) up to 3 times higher for specified wastes accepted in a landfill, taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.	¹ The regulator may include conditions in an environmental permit authorising limit values for specific parameters (other than Dissolved Organic Carbon) up to 3 times higher for specified wastes accepted in a landfill, taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.
Component	Symbol	mg/m²¹
Arsenic	As	20
Barium	Ba	150
Cadmium	Cd	1
Total Chromium	Crtotal	25
Copper	Cu	60
Mercury	Hg	0.4
Molybdenum	Mo	20
Nickel	Ni	15
Lead	Pb	20
Antimony	Sb	2.5
Selenium	Se	5
Zinc	Zn	100
Chloride	Cl⁻	20,000
Fluoride	F⁻	200
Sulphate	SO₄²⁻	20,000
Dissolved Organic Carbon	DOC	Must be evaluated

Closure of a landfill

10

(1) The regulator must set out any reasoned decision under Article 13(a)(iii) of the Landfill Directive in a closure notice served on the operator.

(2) A closure notice must, in addition to stating the regulator's reasons for requiring initiation of the closure procedure, specify—

(a) the steps the operator is required to take to initiate the procedure, and

(b) the period within which they must be taken.

(3) The regulator may withdraw a closure notice at any time by further notice served on the operator.

(4) Closure of a landfill does not relieve the operator of liability under the conditions of the environmental permit.

Surrender applications

11

When determining an application for the surrender, in whole or in part, of an environmental permit, the regulator must exercise its functions so as to ensure the operator complies with the requirements in Article 13(d) of the Landfill Directive.

SCHEDULE 11 — Waste motor vehicles

Application

1

This Schedule applies in relation to waste motor vehicles.

Interpretation

2

(1) In this Schedule—

“waste” means waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive;

“waste motor vehicle” means a motor vehicle that is waste.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of relevant functions

3

(1) The regulator must exercise its relevant functions so as to ensure compliance with Article 6(1) and (3) of the End-of-Life Vehicles Directive.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 12 — Waste electrical and electronic equipment

Application

1

This Schedule applies in relation to WEEE which is within the scope of the WEEE Directive by virtue of Article 2 of that Directive.

Interpretation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of relevant functions

3

(1) The regulator must exercise its relevant functions so as to ensure compliance with Articles 8(1) to (3) and 9(3) of the WEEE Directive.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13 — Waste incineration: Industrial Emissions Directive

Application

1

This Schedule applies in relation to—

(a) every small waste incineration plant, and

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

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

Interpretation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for the grant of an environmental permit

3

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

Exercise of relevant functions

4

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

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

(b) Article 7;

(d) Article 9;

(e) Article 42(1)

(f) Article 43;

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

(h) Article 46;

(i) Article 47;

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

(k) Article 49;

(l) Article 50;

(m) Article 51;

(n) Article 52;

(o) Article 53;

(p) Article 54;

(q) Article 55;

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

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 14 — Solvent emission activities

Application

1

This Schedule applies in relation to every solvent emission activity, but it does not apply to installations used solely for research activities, development activities or the testing of new products or processes.

Interpretation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of relevant functions

3

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

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

(b) Article 7;

(d) Article 9;

(e) Article 57;

(f) Article 58;

(g) Article 59 ...;

(h) Article 60;

(i) Article 61;

(j) Article 62;

(k) Article 63;

(l) Article 65;

(m) Article 82(7), (8) and (9).

SCHEDULE 15 — Large combustion plants: Industrial Emissions Directive

Application

1

This Schedule applies in relation to every large combustion plant.

Interpretation

2

(1) In this Schedule—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“large combustion plant” means a combustion plant with a total rated thermal input of 50 or more megawatts to which Chapter III of the Industrial Emissions Directive applies.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of relevant functions

3

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

(a) Article 29;

(b) Article 30(1) to (8)...;

(d) Article 32(2) and (3);

(e) Article 33 ...;

(f) Article 34(1) and (2);

(g) Article 35(1);

(h) Article 37;

(i) Article 38;

(j) Article 39;

(k) Article 40.

Interruption in supply of fuel

4

The regulator must—

(a) immediately inform the appropriate authority of any derogation under Article 30(5) of the Industrial Emissions Directive;

(b) immediately inform the appropriate authority if it considers that a derogation in accordance with Articles 30(6) or 37(2) of the Industrial Emissions Directive is or might be appropriate.

SCHEDULE 16 — Asbestos

Application

1

This Schedule applies in relation to every regulated facility.

Interpretation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of relevant functions

3

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

(a) Article 3;

(b) Article 4(1);

(d) Article 6(1) and (2);

(e) Article 8.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 17 — Titanium dioxide: Industrial Emissions Directive

Application

1

This Schedule applies in relation to every installation in which titanium dioxide is produced.

Interpretation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of relevant functions

3

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

(a) Article 67;

(b) Article 68;

(d) Article 70.

SCHEDULE 18 — Petrol vapour recovery

PART 1 — PVR I

Application

1

This Part applies in relation to every Part B activity falling within paragraphs (b) and (c) of Part B of Section 1.2 of Part 2 of Schedule 1.

Exercise of relevant functions

2

(1) The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of PVR I—

(a) Article 3(1), first paragraph;

(b) Article 4(1), first and last paragraphs, and 4(3);

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — PVR II

Application

1

This Part applies in relation to every Part B activity falling within paragraphs (d) to (f) of Part B of Section 1.2 of Part 2 of Schedule 1.

Exercise of relevant functions

2

(1) The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of PVR II—

(a) Article 3;

(b) Article 4;

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 19 — Waste batteries and accumulators

Application

1

This Schedule applies in relation to waste batteries and accumulators.

Exercise of relevant functions

2

(1) The regulator must exercise its relevant functions so as to ensure compliance with Article 12(2) of the Batteries Directive.

(2) The regulator must exercise its relevant functions so as to ensure compliance with Article 3 of Regulation (EU) No 493/2012, and for the purposes of Article 3(4) of that Regulation the regulator is the competent authority.

(3) In sub-paragraph (2), “Regulation (EU) No 493/2012” means Commission Regulation (EU) No 493/2012 laying down, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, detailed rules regarding the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators .

SCHEDULE 20 — Mining waste operations

Application

1

This Schedule applies in relation to every mining waste operation.

Interpretation

2

(1) In this Schedule—

“fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the mining waste facility is located;

“mining waste facility” means a “waste facility” as defined in Article 3(15) of the Mining Waste Directive but excludes those facilities mentioned in Article 24(2) or in the first paragraph of Article 24(4) of that Directive;

“mining waste operation” means the management of extractive waste, whether or not involving a mining waste facility, but does not include the activities in Article 2(2)(c) of the Mining Waste Directive;

“waste management plan” means a plan of the type described in Article 5(1) of the Mining Waste Directive which has the objectives in Article 5(2) and contains the elements and information set out in Article 5(3) of that Directive.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for grant or variation of an environmental permit

3

(1) The regulator must require that every application for the grant or variation of an environmental permit in relation to a mining waste operation involving a mining waste facility to which Article 7 of the Mining Waste Directive applies includes—

(a) the information specified in Article 7(2) of that Directive, and

(b) where Article 6 of the Directive applies, the information mentioned in the second sentence of the third paragraph of Article 6(3).

(2) Where the regulator receives an application for the grant or variation of an environmental permit and that application includes the information required under sub-paragraph (1)(b), the regulator must immediately forward the information to the fire and rescue authority.

(3) The regulator must require that every application for the grant or variation of an environmental permit in relation to any other mining waste operation includes a waste management plan.

(4) For the purposes of this paragraph, the regulator may accept a waste management plan produced pursuant to other legislation which complies with Article 5(1) to (4) of the Mining Waste Directive if it has been reviewed and amended in accordance with Article 5(4) of that Directive.

Review of environmental permits

4

The regulator must periodically review an environmental permit relating to a mining waste facility if Article 7 of the Mining Waste Directive applies in respect of that facility and any of the circumstances in Article 7(4) of the Directive apply in relation to it.

Classification of mining waste facilities

5

The regulator must exercise its functions so as to ensure compliance with Article 9 of the Mining Waste Directive in respect of any mining waste facility to which Article 7 of that Directive does not apply.

Inspections

6

The regulator must inspect every mining waste facility to which Article 7 of the Mining Waste Directive applies so as to comply with the requirements of Article 17(1) of that Directive and Commission Implementing Decision (EU) 2020/248 laying down technical guidelines for inspections in accordance with Article 17 of Directive 2006/21/EC.

Exercise of relevant functions

7

The regulator must exercise its relevant functions so as to ensure compliance with the following requirements of the Mining Waste Directive—

(a) Article 2(4);

(b) Article 4;

(d) Article 6(2), the first and second paragraphs of Article 6(3), the first paragraph of Article 6(4) to the extent that it relates to plans prepared under the first paragraph of Article 6(3) and the second paragraph of Article 6(4) to the extent that it relates to the regulator's functions;

(e) Article 7(1) and (3)(a);

(f) Article 10;

(g) Article 11;

(h) Article 12;

(i) Article 13;

(j) Article 14(1) to (3);

(k) Article 17(2);

(l) Article 24(1).

Public participation

8

The regulator must exercise its functions under the public participation provisions in relation to mining waste facilities to which Article 7 of the Mining Waste Directive applies so as to meet the requirements of Article 8 of that Directive.

Derogation from requirements

9

(1) The regulator must exercise its functions to ensure that the requirements mentioned in the first paragraph of Article 2(3) of the Mining Waste Directive do not apply to the substances mentioned in that paragraph where they result from an operation mentioned in that paragraph, to the extent allowed by that paragraph.

(2) The regulator must waive the requirements of the Mining Waste Directive in relation to the deposit of the substances mentioned in the second paragraph of Article 2(3) of that Directive if the regulator is satisfied that the requirements of Article 4 of that Directive are met.

(3) The regulator must waive the requirements mentioned in the third paragraph of Article 2(3) of the Mining Waste Directive in relation to the waste mentioned in that paragraph to the extent allowed by that paragraph.

Closure of a mining waste facility

10

(1) The regulator must set out any reasoned decision under Article 12(2)(c) of the Mining Waste Directive in a closure notice served on the operator.

(2) A closure notice must, in addition to stating the regulator's reasons for requiring initiation of the closure procedure, specify—

(a) the steps the operator is required to take to initiate the procedure, and

(b) the period within which they must be taken.

(3) The regulator may withdraw a closure notice at any time by further notice served on the operator.

(4) Closure of a mining waste facility does not relieve the operator of liability under the environmental permit conditions that relate to the facility.

(5) The regulator must exercise its functions so as to ensure compliance with Article 14(4) of the Mining Waste Directive.

Inventory of closed mining waste facilities

11

The regulator must maintain and make available to the public an inventory of closed mining waste facilities so as to ensure compliance with Article 20 of the Mining Waste Directive.

Developments in best available techniques

12

(1) The regulator must ensure that it is informed of developments in best available techniques.

(2) In this paragraph, “best available techniques” has the meaning given in Article 3(10) of the Industrial Emissions Directive.

Planning permission conditions

13

(1) Where—

(a) a mining waste operation is the subject of an environmental permit,

(b) that operation has been granted planning permission subject to conditions (“planning conditions”), and

the environmental permit conditions prevail.

(2) In this paragraph, “planning permission” means planning permission under the Town and Country Planning Act 1990 and includes—

(a) a certificate under section 191 of that Act , and

(b) an established use certificate under section 192 of that Act , as originally enacted, which continues to have effect for the purposes of subsection (4) of that section.

Applications for grant or variation of an environmental permit for a Category A mining waste facility

14

(1) The regulator must not grant an application for the grant or variation of an environmental permit relating to a Category A mining waste facility until it has been notified by the fire and rescue authority that it has the information necessary to enable it to draw up an external emergency plan.

(2) The regulator must refuse an application relating to a Category A mining waste facility that is an existing mining waste facility upon receipt of a notice by the fire and rescue authority stating that the operator has not provided the information necessary to enable the fire and rescue authority to draw up an external emergency plan.

(3) In this paragraph, “external emergency plan” means a plan as required under the third paragraph of Article 6(3) of the Mining Waste Directive that has the objectives specified in the first paragraph of Article 6(4) of that Directive.

SCHEDULE 21 — Water discharge activities

Application

1

This Schedule applies in relation to every water discharge activity.

Interpretation

2

In this Schedule—

“discharging sewer” means the sewer or works from which sewage effluent is discharged;

“discharging undertaker” means the sewerage undertaker in which a discharging sewer is vested;

“main connection” has the same meaning as in section 110A of the Water Industry Act 1991 ;

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

“sending undertaker” means a sewerage undertaker which discharges sewage effluent into the discharging sewer or other sewer or works vested in the discharging undertaker;

“waste” in the term “waste matter” includes—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), (2) or (3) of that Directive;anything that is waste for the purposes of the Mining Waste Directive and is not excluded from the scope of that Directive by Article 2(2) of that Directive.

Meaning of “water discharge activity”

3

(1) A “water discharge activity” means any of the following—

(a) the discharge or entry to inland freshwaters, coastal waters or relevant territorial waters of any—

(i) poisonous, noxious or polluting matter,

(ii) waste matter, or

(iii) trade effluent or sewage effluent;

(b) the discharge from land through a pipe into the sea outside the seaward limits of relevant territorial waters of any trade effluent or sewage effluent;

(c) the removal from any part of the bottom, channel or bed of any inland freshwaters of a deposit accumulated by reason of any dam, weir or sluice holding back the waters, by causing it to be carried away in suspension in the waters, unless the activity is carried on in the exercise of a power conferred by or under any enactment relating to land drainage, flood prevention or navigation;

(d) the cutting or uprooting of a substantial amount of vegetation in any inland freshwaters or so near to any such waters that it falls into them, where it is not reasonable to take steps to remove the vegetation from these waters;

(e) an activity in respect of which a notice under paragraph 4 or 5 has been served and has taken effect.

(2) A discharge or an activity that might lead to a discharge is not a “water discharge activity”—

(a) if the discharge is made, or authorised to be made, by or under any prescribed statutory provision, or

(b) if the discharge is of trade effluent or sewage effluent from a vessel.

(3) In determining whether a discharge or an activity is a water discharge activity, no account must be taken of any radioactivity possessed by any substance or article or by any part of any premises.

Highway drains – notice requiring environmental permit

4

(1) This paragraph applies where—

(a) a person is operating a highway drain, and

(b) that activity might lead to a discharge mentioned in paragraph 3(1)(a) or (b).

(2) The regulator may serve a notice on the person operating the highway drain requiring the person, from the date the notice takes effect, to hold an environmental permit authorising the carrying on of that activity.

(3) A notice under this paragraph takes effect on the date specified in it, which must be at least 6 months after it is served.

Discharge of trade effluent or sewage effluent into lake or pond – notice requiring environmental permit

5

(1) The regulator may serve a notice on a person who discharges trade effluent or sewage effluent into the waters of any lake or pond which are not inland freshwaters requiring the person, from the date the notice takes effect, to hold an environmental permit authorising the carrying on of that activity.

(2) A notice under this paragraph takes effect on the date specified in it, which must be at least 3 months after it is served.

Liability resulting from discharge of sewage effluent from public sewer

6

(1) This paragraph applies for the purpose of determining liability for a water discharge activity that consists of a discharge of sewage effluent from a discharging sewer vested in a discharging undertaker.

(2) A discharging undertaker causes a discharge of sewage effluent if—

(a) matter included in the discharge is received by the discharging undertaker into the discharging sewer or into any other sewer or works vested in it,

(b) the discharging undertaker was bound (either unconditionally or subject to conditions which were observed) to receive the matter into the discharging sewer or other sewer or works, and

(3) This sub-paragraph applies if, before the discharging undertaker discharges the sewage effluent from the discharging sewer, the sending undertaker, under an agreement with the discharging undertaker under section 110A of the Water Industry Act 1991, discharges the sewage effluent through a main connection into—

(a) the discharging sewer, or

(b) any other sewer or works vested in the discharging undertaker.

(4) If sub-paragraph (3) applies, the sending undertaker causes the discharge if—

(a) matter included in the discharge is received by the sending undertaker into a sewer or works vested in it, and

(b) it was bound (either conditionally or subject to conditions which were observed) to receive that matter into that sewer or works.

(5) In relation to Wales, a sewerage undertaker is not guilty of an offence under regulation 38(1) in relation to a water discharge activity that consists of a discharge of sewage effluent from a sewer or works vested in it if—

(a) the contravention is attributable to a discharge which another person caused or knowingly permitted to be made into the sewer or works,

(b) the undertaker either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions which were not observed, and

(5A) In relation to England, a sewerage undertaker is not guilty of an offence under regulation 38(1) or (2) in relation to a water discharge activity that consists of a discharge of sewage effluent from a sewer or works vested in it if—

(a) the contravention is attributable to a discharge which another person caused or knowingly permitted to be made into the sewer or works,

(b) the undertaker either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions which were not observed, and

(6) A person is not guilty of an offence under regulation 38(1) in relation to a discharge which the person caused or knowingly permitted to be made into a sewer or works vested in a sewerage undertaker if that undertaker was bound to receive the discharge, either unconditionally or subject to conditions which were observed.

SCHEDULE 22 — Groundwater activities

Application

1

This Schedule applies in relation to every groundwater activity.

Interpretation

2

In this Schedule—

“body of groundwater” has the same meaning as in the Water Framework Directive;

“direct input” in relation to groundwater means the introduction of a pollutant to groundwater without percolation through soil or subsoil;

“indirect input” in relation to groundwater means the introduction of a pollutant to groundwater after percolation through soil or subsoil;

“surface waters” has the same meaning as in the Water Framework Directive.

Meaning of “groundwater activity”

3

(1) Subject to sub-paragraphs (2) and (3), “groundwater activity” means any of the following—

(a) the discharge of a pollutant that results in the direct input of that pollutant to groundwater;

(b) the discharge of a pollutant in circumstances that might lead to an indirect input of that pollutant to groundwater;

(d) an activity in respect of which a notice under paragraph 10 has been served and has taken effect;

(e) an activity that might lead to a discharge mentioned in paragraph (a), (b) or (c), where that activity is carried on as part of the operation of a regulated facility of another class.

(2) A discharge or an activity that might lead to a discharge is not a “groundwater activity” if the discharge is—

(a) made, or authorised to be made, by or under any prescribed statutory provision, or

(b) of trade effluent or sewage effluent from a vessel.

(3) The regulator may determine that a discharge, or an activity that might lead to a discharge, is not a groundwater activity if the input of the pollutant—

(a) is the consequence of an accident or exceptional circumstances of natural cause that could not reasonably have been foreseen, avoided or mitigated,

(b) is or would be of a quantity and concentration so small as to obviate any present or future danger of deterioration in the quality of the receiving groundwater, or

(i) measures that would increase risks to human health or to the quality of the environment as a whole, or

(ii) disproportionately costly measures to remove quantities of pollutants from, or otherwise control their percolation in, contaminated ground or subsoil.

(4) The regulator must keep a record of all determinations under sub-paragraph (3).

Meaning of “hazardous substance”

4

(1) A hazardous substance is any substance or group of substances that are toxic, persistent and liable to bio-accumulate, or that give rise to an equivalent level of concern.

(2) This includes in particular the following when they meet the criteria in sub-paragraph (1)—

(a) organohalogen compounds and substances which may form such compounds in the aquatic environment;

(b) organophosphorous compounds;

(d) substances and preparations, or the breakdown products of such, which have been proved to possess carcinogenic or mutagenic properties or properties which may affect steroidogenic, thyroid, reproduction or other endocrine-related functions in or via the aquatic environment;

(e) hydrocarbons and organic substances;

(f) cyanides;

(g) metals (in particular, cadmium and mercury) and their compounds;

(h) arsenic and its compounds;

(i) biocides and plant protection products.

(3) The regulator must publish a list of substances that it considers to be hazardous substances.

Meaning of “non-hazardous pollutant”

5

A non-hazardous pollutant is any pollutant other than a hazardous substance.

Exercise of relevant functions

6

For the purpose of the duties in regulation 3 of the WFD Regulations, the regulator must, in exercising its relevant functions, take all necessary measures—

(a) to prevent the input of any hazardous substance to groundwater, and

(b) to limit the input of non-hazardous pollutants to groundwater so as to ensure that such inputs do not cause pollution of groundwater.

Applications for grant of environmental permit

7

(1) This paragraph applies to an application for the grant of an environmental permit relating to—

(a) a discharge mentioned in paragraph 3(1)(a), (b) or (c), or

(b) an activity that might lead to such a discharge.

(2) When the regulator receives an application, it must ensure that all necessary investigations have been carried out to ensure that it grants any permit in accordance with paragraph 6.

(3) If it grants the permit, it must include conditions requiring all necessary technical precautions to be observed to ensure the objectives of paragraph 6 are achieved.

(4) A permit may not be granted in relation to Wales—

(a) without examination of—

(i) the hydrogeological conditions of the area concerned,

(ii) the possible purifying powers of the soil and subsoil, and

(iii) the risk of pollution and alteration of the quality of the groundwater from the discharge, and

(b) without establishing whether the input of pollutants to groundwater is a satisfactory solution from the point of view of the environment.

(4A) A permit may not be granted in relation to England—

(a) without an assessment of—

(i) the relevant hydrogeological conditions,

(ii) the possible purifying powers of soil and subsoil, and

(iii) the risk of pollution and alteration of the quality of the groundwater from the discharge, and

(b) without establishing whether the input of pollutants to groundwater is a satisfactory solution from the point of view of the environment.

(5) A permit may only be granted if the regulator has checked that the groundwater (and, in particular, its quality) will undergo the requisite surveillance.

Groundwater activities for which a permit may be granted

8

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