Certain industrial processes and activities which have the potential to cause pollution are required to have an Environmental permit to operate.
The Environmental Permitting (England and Wales) Regulations 2010 ("the EP Regulations") were made under the Pollution Prevention and Control Act 1999 and prescribe those processes and activities which require a permit.
These processes are split into three categories: Part A(1), Part A(2) and Part B.
Do I require a permit?
Schedule 1 Part 2 of the Environmental Permitting (England and Wales) Regulations 2010identifies those processes that require a permit and also into which category [Part A(1), A(2) or B] the process falls. Permits covering Part A(1) and Part A(2) sites will consider issues such as: emissions to air, land, water and energy and water usage. Part B permits only consider emissions to air.
Who issues the permit?
For Part A(1) processes the Environment Agencyissues the permit.
For Part A(2) and Part B processes your local council issues the permit. The Department for the Environment, Food and Rural Affairs (Defra) has produced a series of process and sector guidance notes that explain all the potential releases from specific industrial processes and the best available techniques for preventing or reducing the impact of emissions. The notes also suggest conditions to be included within permits.
How much does a permit cost?
Defra set the fees for permits each year. There is an application fee and an annual subsistence fee which vary depending on the category of process for which the permit is being applied for [Part A(1) A(2) or B] and to a risk rating applied during inspections of the process.
Will tacit consent apply?
No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact them, contact details are below.
What if my application is refused?
If your application for an environmental permit is refused, you may appeal to the appropriate authority. In England the appropriate authority is the Secretary of State. Appeals must be lodged no later than six months from the date of the decision.
Public participation and consultations
The public are invited to comment on current applications for all permits (Part A2 and Part B) and draft determinations for Part A2 Permits only.
Comments on applications/determinations must be made to the council within 20 days of notification being placed on the website.