Environmental Permit: Difference between revisions

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[[Category:Legislation & Policy]]
[[Category:Legislation & Policy]]
An '''Environmental Permit''' is a legal document issued by one of the regulatory Environment Agencies throughout the UK which allows a person to operate a facility in line with certain conditions that are determined as part of the conditions to the Permit. The conditions state how the environment must always be protected from the operation of the activity at the regulated facility.  
An [[Environmental Permit]] is a legal document issued by one of the regulatory Environment Agencies throughout the UK which allows a person to operate a facility in line with certain conditions that are determined as part of the conditions to the Permit. The conditions state how the environment must always be protected from the operation of the activity at the regulated facility.  
==Introduction==
==Introduction==
An Environmental Permit is needed when an activity is being carried out that has the potential to: pollute the air, water or land, increase flood risk or adversely affect land drainage. It is illegal to undertake an activity that requires a permit but has not been granted one.
An Environmental Permit is needed when an activity is being carried out that has the potential to: pollute the air, water or land, increase flood risk or adversely affect land drainage<ref name="Gov">[https://www.gov.uk/guidance/check-if-you-need-an-environmental-permit/ .gov.uk]</ref>. It is illegal to undertake an activity that requires a permit but has not been granted one.


There are three types of Environmental Permit:
There are three types of Environmental Permit:
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*Exemption – do not need a specific ‘permit’ but operators are still required to register the activity with the regulator.  
*Exemption – do not need a specific ‘permit’ but operators are still required to register the activity with the regulator.  


Operators of all Environmental Permits are required to pay annual subsistence fees to the regulators.
Operators of all Environmental Permits are required to pay annual subsistence fees to the regulators. Guidance for standard rules and bespoke permits were updated in February 2022<ref>[https://www.gov.uk/guidance/waste-environmental-permits?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=3c43fa25-0941-4207-a132-352deffd1ee1&utm_content=daily Waste: environmental permits]</ref> and the link provides associated guidance for Wales<ref>https://naturalresources.wales/permits-and-permissions/waste-permitting/?lang=en</ref>, Scotland<ref>https://www.sepa.org.uk/regulations/waste/</ref> and Northern Ireland.


Prior to the requirement to operate under an Environmental Permit, sites and waste management facilities operated under the requirements of a [[Waste Management Licence]] which were effected under s35 of the [[Environmental Protection Act 1990]] and the associated Waste Manangement Licensing Regulations 1996, the latter of which have now been repealed and replaced by the [[Environmental Permitting]] regime.
Prior to the requirement to operate under an [[Environmental Permit]], sites and waste management facilities operated under the requirements of a [[Waste Management Licence]] which were effected under s35 of the [[Environmental Protection Act 1990]] and the associated Waste Management Licensing Regulations 1996, the latter of which have now been repealed and replaced by the [[Environmental Permitting]] regime (i.e., the [[Environmental Permitting (England and Wales) Regulations 2016]]).


==Bespoke Permit==
==Bespoke Permit==


Bespoke permits are site specific permits tailored to the activity undertaken at the site. These permits do not fit the criteria or design parameters for standard rules permits. All [[landfill]] permits are bespoke permits as are all Part A (1) activities which fall within Schedule 1 of the [[Environmental Permitting (England and Wales) Regulations 2010]].
Bespoke permits are site specific permits tailored to the activity undertaken at the site. These permits do not fit the criteria or design parameters for standard rules permits. All [[landfill]] permits are bespoke permits as are all Part A (1) activities which fall within Schedule 1 of the [[Environmental Permitting (England and Wales) Regulations 2016]].


A bespoke permit can also be applied for the use of the deposit of waste for recovery.
A bespoke permit can also be applied for the use of the deposit of waste for recovery.
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Some waste operations are exempt from needing a permit and can operate under a waste exemption instead, these include businesses that use, treat, recover, stores or disposes of waste.
Some waste operations are exempt from needing a permit and can operate under a waste exemption instead, these include businesses that use, treat, recover, stores or disposes of waste.


You can only register a waste exemption if the waste operation:
You can only register a waste exemption if the waste operation<ref>[https://www.gov.uk/guidance/register-your-waste-exemptions-environmental-permits/ Waste Exemptions]</ref>:
*meets all the limits and conditions of an exemption
*meets all the limits and conditions of an exemption
*doesn’t harm the environment or human health.
*doesn’t harm the environment or human health.


All exemptions must be registered with the [[Environment Agency]]. Exemptions are free of charge and for last three years, if the operation is still active after this time then re-registration of the exemption will be required.
All exemptions must be registered with the [[Environment Agency]]. Exemptions last three years, if the operation is still active after this time then re-registration of the exemption will be required. A full list of exemptions are listed on the [[Waste Exemptions]] page in WikiWaste and on the .gov website in the links below.


The exemptions fall into four categories:
The exemptions fall into four categories: