You must have an environmental permit if you operate a 'regulated facility' in England or Wales.
Types of permit
A regulated facility includes waste operations and installations or mobile plants carrying out a range of 'listed activities' which have a potential environmental impact. Listed activities are divided into three categories: Part A(1), Part A(2) and Part B. Part A permits control activities with a range of environmental impacts while Part B permits control activities which cause emissions to air.
The permit your business requires depends on the specific processes involved and resulting emissions. Permits are available from the Environment Agency or your local authority depending upon the category your business falls within. Part A(1) installations or mobile plants are regulated by the Environment Agency Part A(2) and Part B installations by the local authority, except waste operations carried out at Part B installations which are regulated by the Environment Agency.
Some industrial techniques have potential to cause pollution. Since 1990 many of these processes have required an "authorisation" to operate and they are also inspected annually. For processes that only have the potential to cause air pollution, we are responsible for their inspection and regulation.
Authorised or 'Prescribed' processes are those industrial technologies that have a potential to cause pollution. The Environmental Protection Act 1990 requires that processes identified in the act, or by regulations made under the act, must have an Authorisation to operate.
The Environmental Permitting (England and Wales) Regulations came into force in April 2008. The aim of the Regulations is to streamline and combine the existing regimes covering Waste Management Licensing (WML) and Pollution Prevention and Control (PPC) in order to form a common approach to applying for permits, and their maintenance, surrender, and enforcement.
There are different categories of permit in England and Wales:
- Part A(1) - Regulated by the Environment Agency
- Part A(2) - Regulated by Local Authorities
- Part B - Regulated by Local Authorities
All three systems require operators of specified industrial and other installations to obtain a permit to operate. An application must be made and the regulator decides whether or not to issue a permit. Permits are issued in accordance with government guidance and include conditions aimed at minimising and preventing pollution. please refer to the DEFRA website for more information.
The operator of the permitted installation must comply with the conditions of the Permit outlined below and they will be subject to inspection to ensure this is the case.
All the appropriate preventative measures are taken against pollution, in particular through the application of best available techniques, and no significant pollution is caused.
Applications will be acknowledged within 4 days and we have up to 4 months to determine the application.
Fees and Charges
The fee(s) and charges for applications may vary depending on the number and type of authorisations and can be viewed on the DEFRA website.
Application Evaluation Process
Once a completed form has been received, the local authority has 14 days in which to determine whether the application is properly made (has sufficient information been supplied).
Comments made by the statutory consultees/members of the public must be taken into account as part of the application determination process.
The local authority has up to 4 months in which to determine the application (subject to the correct information being received). It is therefore essential that applications are submitted at the earliest opportunity to ensure that there are no unforeseen delays. The conditions contained within the permit issued are derived from the relevant Secretary of States Process / Sector Guidance Notes and the information contained within the application document.
The authorisation/permit will be reviewed on a regular basis in order to take account of any changes to the Secretary of States Process / Sector Guidance Notes.
The local authority carry out inspections on a programmed risk based basis to make sure that the operator is complying with the conditions stipulated within their authorisation / permit.
Will Tacit Consent Apply?
No, it is in the public interest that we must process your application before it can be granted. If you have not heard from us within a reasonable period, please contact us.
Please contact us in the first instance.
An applicant who is refused an environmental permit 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.
Environmental Health and Licensing
01438 242908 / 242916