The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014

Publication Date:January 01, 2014
 
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2014No. 2852

ENVIRONMENTAL PROTECTION, ENGLAND

The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014

23rdOctober2014

27thOctober2014

1stJanuary2015

The Secretary of State has in accordance with section 2(4) of the Pollution Prevention and Control Act 1999( 1) consulted-

(a) the Environment Agency;

(b) such bodies or persons appearing to the Secretary of State to be representative of the interests of local government, industry, agriculture and small businesses as the Secretary of State considers appropriate; and

(c) such other bodies or persons as the Secretary of State considers appropriate.

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 2 and 7(9) of, and Schedule 1 to, the Pollution Prevention and Control Act 1999.

Citation, commencement and application

1. These Regulations-

(a) may be cited as the Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014;

(b) come into force on 1st January 2015; and

(c) apply in relation to England only.

Amendment of the Environmental Permitting (England and Wales) Regulations 2010

2. The Environmental Permitting (England and Wales) Regulations 2010( 2) are amended in accordance with regulations 3 to 12.

Regulation 2 (interpretation: general)

3. In regulation 2(1) after the definition of "exempt water discharge activity" insert-

""exemption authority" has the meaning given in paragraph 2 of Schedule 2;".

Regulation 5 (interpretation: exempt facilities)

4. In regulation 5(1)-

(a) in the definition of "exempt groundwater activity"-

(i) for paragraph (a) substitute-

"(a) a stand-alone groundwater activity that meets the requirements of-

(i) in relation to Wales only, paragraph 5 of Schedule 2;

(ii) in relation to England only, paragraph 5A of Schedule 2; or";

(ii) for paragraph (b)(iii) substitute-

"(iii) meets the requirements of-

(aa) in relation to Wales only, paragraph 5 of Schedule 2, or

(bb) in relation to England only, paragraph 5A of Schedule 2;";

(b) for the definition of "exempt water discharge activity" substitute-

""exempt water discharge activity" means a stand-alone water discharge activity that meets the requirements of-

(i) in relation to Wales only, paragraph 4 of Schedule 2;

(ii) in relation to England only, paragraph 4A of Schedule 2.".

Regulation 60 (power to require the provision of information)

5. In regulation 60(1) for "regulator or exemption registration authority" substitute "regulator, exemption registration authority or exemption authority".

Regulation 61 (directions to regulators and exemption registration authorities: general)

6. (1) In regulation 61 for the heading substitute "Directions to regulators, exemption registration authorities and exemption authorities: general".

(2) In regulation 61(1), (2) and (4) for "regulator or exemption registration authority", in each place it occurs, substitute "regulator, exemption registration authority or exemption authority".

Regulation 64 (guidance to regulators and exemption registration authorities)

7. (1) In regulation 64 for the heading substitute "Guidance to regulators, exemption registration authorities and exemption authorities".

(2) In regulation 64(1) and (2) for "regulator or exemption registration authority", in each place it occurs, substitute "regulator, exemption registration authority or exemption authority".

Regulation 74 (exempt groundwater activities)

8. For regulation 74(6) substitute-

"(6) On and after 1st January 2012, a person must not carry on a small sewage effluent groundwater activity unless it is-

(a) authorised by an environmental permit;

(b) registered as an exempt facility; or

(c) in relation to England only, on and after 1st January 2015, an exempt activity that fulfils the requirements of paragraph 5A of Schedule 2."

Schedule 2 (exempt facilities: general)

9. In Schedule 2-

(a) in paragraph 1 (interpretation: general)-

(i) for the heading substitute "Interpretation and application: general";

(ii) after sub-paragraph (1) insert-

"(2) Paragraphs 4 and 5 apply in relation to Wales only;

(3) Paragraphs 4A and 5A apply in relation to England only.";

(b) in paragraph 2 (Interpretation: exemption registration authority)-

(i) for the heading substitute "Interpretation: exemption registration authority and exemption authority";

(ii) for sub-paragraph (4) substitute-

"(4) In relation to Wales only the NRBW is the exemption registration authority in relation to-

(a) a water discharge activity falling within a description in Part 2 of Schedule 3; and

(b) a groundwater activity falling within a description in Part 3 of Schedule 3.";

(iii) for sub-paragraph (5) substitute-

"(5) In relation to England only-

(a) the Agency is the exemption registration authority in relation to-

(i) a water discharge activity falling within a description in paragraph 1 of Part 2 of Schedule 3; and

(ii) a groundwater activity falling within a description in paragraphs 2 or 4 of Part 3 of Schedule 3.

(b) the Agency is the exemption authority in relation to-

(i) a water discharge activity falling within a description in paragraph 2A of Part 2 of Schedule 3; and

(ii) a groundwater activity falling within a description in paragraph 3A of Part 3 of Schedule 3.";

(c) in paragraph 4 (exempt water discharge activities) for the heading substitute "Exempt water discharge activities: Wales");

(d) after paragraph 4 insert-

"Exempt water discharge activities: England

4A. For the purpose of the definition of "exempt water discharge activity", the requirements are-

(a) that the water discharge activity-

(i) falls within a description in Part 2 of Schedule 3; and

(ii) satisfies, in relation to an activity of that description, the relevant conditions specified in Part 2 of that Schedule;

(b) where the water discharge activity falls within a description in paragraph 1 (vegetation management activities) of Part 2 of Schedule 3, that (in addition to the requirements in sub-paragraph (a))-

(i) the activity is registered by the operator, and

(ii) subject to paragraph 9(10) of this Schedule, the operator is registered in relation to that activity; and

(c) that the water discharge activity does not cause pollution of inland freshwaters, coastal waters or relevant territorial waters.";

(e) in paragraph 5 (exempt groundwater activities) for the heading substitute "Exempt groundwater activities: Wales";

(f) after paragraph 5 insert-

"Exempt groundwater activities: England

5A. For the purpose of the definition of "exempt groundwater activity", the requirements are-

(a) that the groundwater activity-

(i) falls within a description in Part 3 of Schedule 3; and

(ii) satisfies, in relation to an activity of that description, the relevant conditions specified in Part 3 of that Schedule;

(b) where the groundwater activity falls within a description in paragraphs 2 (discharge of small quantities of substances for scientific purposes) or 4 (open-loop ground source heating and cooling systems) of Part 3 of Schedule 3, that (in addition to the requirements in sub-paragraph (a))-

(i) the activity is registered by the operator; and

(ii) subject to paragraph 9(10) of this Schedule, the operator is registered in relation to the activity; and

(c) that the groundwater activity does not cause pollution of groundwater.";

(g) in paragraph 9(10) (exclusion from the register of information affecting national security) for "or 5(b)" substitute ", 4A(b), 5(b) or 5A(b)".

Schedule 3 Part 2 (exempt water discharge activities: descriptions and conditions)

10. In Part 2 of Schedule 3-

(a) in paragraph 2 (small discharges of sewage effluent) for the heading substitute "Small discharges of sewage effluent: Wales";

(b) after paragraph 2 insert-

"Small discharges of sewage effluent: England

2A.

(1) For the purpose of paragraph 4A(a)(i) of Schedule 2, the description is the discharge from a sewage treatment plant of 5 cubic metres per day or less of sewage effluent into inland freshwaters, coastal waters or relevant territorial waters.

(2) For the purpose of paragraph...

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