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Requirement for permit to operate installation
6.- (1) No person shall operate an installation after the prescribed date for that installation, except under and to the extent authorised by a permit granted by SEPA.
(2) In paragraph (1), the "prescribed date" means the appropriate date set out or determined in accordance with Part 1 of Schedule 3.
Permits : general provisions
7.- (1) An application for a permit to operate an installation shall be made to SEPA in accordance with paragraphs 1 to 3 of Part I of Schedule 4 and shall be accompanied by any fee prescribed in respect of the application under section 41 of the Environment Act 19957 and paragraphs 4 to 8 of Part 1 of Schedule 4 shall have effect with respect to such applications.
(2) Subject to paragraphs (3) and (4), where an application is duly made to SEPA, it shall either grant the permit subject to the conditions required or authorised to be imposed by regulation 9 or refuse the permit.
(3) A permit shall not be granted if SEPA considers that the applicant will not operate the installation concerned so as to comply with the conditions which would be included in the permit.
(4) In the case of an application for a permit that will authorise the carrying out of a waste management activity at an installation, the permit shall not be granted unless -
(a) SEPA is satisfied that the applicant is a fit and proper person to carry out that activity; and
(b) where the use of the application site for the carrying out of that activity requires planning permission granted under the Town and Country Planning (Scotland) Act 19978, such planning permission is in force in relation to that use of the land.
(5) For the purpose of paragraph (4)(b), a certificate under section 150 of the Town and Country Planning (Scotland) Act 1997 (certificate of lawfulness of existing use or development) in relation to the use of the application site for the carrying out of the waste management activity, shall be treated as if it were a grant of planning permission for that use.
(6) A permit may authorise the operation of more than one installation on the same site operated by the same operator.
(7) A permit shall include a map or plan showing the site of the installation covered by the permit and the location of the installation on that site.
(8) A permit shall be transferred only in accordance with regulation 13 and shall cease to have effect only in accordance with regulation 14 or 15 (surrender) or regulation 16 (revocation).
(9) Where the conditions of a permit have been varied under regulation 12 SEPA may replace it with a consolidated version of the permit setting out the conditions of the permit as varied.
(10) Part 2 of Schedule 3 shall have effect in relation to applications for the operation of existing installations, as defined in Part 3 of that Schedule.
(11) Part 2 of Schedule 4 shall have effect in relation to the determination of applications for permits.
(12) Parts 1 and 2 of Schedule 4 shall have effect subject to Part 3 of that Schedule (national security and confidential information).
Conditions of permits : general principles
8.- (1) When determining the conditions of a permit, SEPA shall take account of the general principles set out in paragraph (2) and, in the case of permits for the operation of Part A installations, the additional general principles set out in paragraph (3).
(2) The general principles referred to in paragraph (1) are that installations should be operated in such a way that -
(a) all the appropriate preventative measures are taken against pollution, in particular through application of the best available techniques;
(b) no significant pollution is caused.
(3) The additional general principles referred to in paragraph (1) in relation to permits for the operation of Part A installations are that these installations should be operated in such a way that -
(a) waste production is avoided in accordance with Council Directive 75/442/EEC on waste (as amended)(a); and where waste is produced, it is recovered or, where that is technically and economically impossible, it is disposed of while avoiding or reducing any impact on the environment;
(b) energy is used efficiently;
(c) the necessary measures are taken to prevent accidents and limit their consequences,
and that, upon [the definitive] [final] cessation of activities, the necessary measures should be taken to avoid any pollution risk and to return the site of the installation to a satisfactory state.
Conditions of permits : specific requirements
9- (1) Subject to the conditions required to comply with a direction given under paragraph (2), there shall be included in a permit -
(a) in the case of all permits, such conditions as SEPA considers appropriate to comply with paragraphs (3) to (9); and
(b) in the case of permits authorising the operation of Part A installations (including permits which also authorise the operation of Part B installations)-
(i) such other conditions applying in relation to those Part A installations as SEPA considers appropriate to comply with paragraph (10); and
(ii) such other conditions (if any) applying in relation to those Part A installations, in addition to those required by sub-paragraphs (a) and (b)(i), as appear to SEPA to be appropriate, when taken with the condition implied by paragraph (11), for the purpose of ensuring a high level of protection for the environment as a whole, taking into account, in particular, the general principles set out in regulation 8(2);
(c) in the case of permits authorising the operation of Part B installations (including permits which also authorise the operation of Part A installations), such other conditions (if any) applying in relation to those Part B installations as appear to SEPA to be appropriate, when taken with the condition implied by paragraph (11), for the purpose of preventing or, where that is not practicable, reducing emissions into the air, taking into account, in particular, the general principles set out in regulation 8(2).
(2) The Scottish Ministers may give directions to SEPA -
(a) as to the specific conditions which are, or are not, to be included in all permits, in permits of a specified description or in any particular permit;
(b) as to the objectives which are to be achieved by conditions included in such permits,
and SEPA shall include in such permits such conditions as are specified or required to comply with such directions.
(3) Subject to paragraph (9), a permit shall include emission limit values for pollutants, in particular those listed in Schedule 5, likely to be emitted from the installation in significant quantities, having regard to their nature and, in the case of emissions from Part A installations, their potential to transfer pollution from one environmental medium to another.
(4) Where appropriate, the emission limit values required by paragraph (3) may apply to groups of pollutants rather than to individual pollutants.
(5) The emission limit values required by paragraph (3) shall normally apply at the point at which the emissions leave the installation, any dilution being disregarded when determining them.
(6) In the case of indirect releases into water, the effect of a water treatment plant may be taken into account when determining the emission limit values for an installation provided that an equivalent level of protection of the environment as a whole is guaranteed and taking such treatment into account does not lead to higher levels of pollution.
(7) [Subject to paragraph (9)], the emission limit values required by paragraph (3) shall be based on the best available techniques for the description of installation concerned but shall take account of the technical characteristics of the particular installation being permitted, its geographical location and the local environmental conditions.
(8) Where an environmental quality standard requires stricter emission limit values than those that would be imposed pursuant to paragraph (6) [or (7)], paragraph (3) shall require those stricter emission limit values; and for the purpose of this paragraph "environmental quality standard" means the set of requirements which must be fulfilled at a given time by a given environment or particular part thereof, as set out in Community legislation.
(9) Where appropriate, the emission limit values required by paragraph (3) may be supplemented or replaced by equivalent parameters or technical measures.
(10) A permit authorising the operation of a Part A installation shall also include conditions-
(a) aimed at minimising long distance and transboundary pollution;
(b) ensuring, where necessary, appropriate protection of the soil and groundwater and appropriate management of waste generated by the installation;
(c) relating to the periods when the installation is not operating normally where there is a risk that the environment may be adversely affected during such periods, including, in particular, conditions relating to the start up of operations, leaks, malfunctions and momentary stoppages;
(d) setting out the steps to be taken prior to and after the [definitive] [final] cessation of operations at the installation;
(e) setting out suitable emission monitoring requirements, specifying the measurement methodology and frequency and the evaluation procedure, and ensuring that the operator supplies SEPA with the data required to check compliance with the permit;
(f) requiring the operator to supply SEPA regularly with the results of the monitoring of emissions and to inform SEPA, without delay, of any incident or accident significantly affecting the environment.
(11) Subject to paragraph (12), there is implied in every permit a condition that, in operating the installation, the operator shall use the best available techniques for preventing or, where that is not practicable, reducing emissions from the installation.
(12) The obligation implied by virtue of paragraph (11) shall not apply in relation to any aspect of the operation of the installation in question which is regulated by a condition imposed under paragraph (1) or (2).
(13) A permit may include a condition (an "off-site condition") requiring an operator to carry out works or do other things in relation to land not forming part of the site of the installation, notwithstanding that he is not entitled to carry out the works or do the thing, and any person whose consent would be required shall grant, or join in granting, the operator such rights in relation to that land as will enable the operator to comply with any requirements imposed on him by the permit.
(14) A permit may, without prejudice to the generality of the previous provisions of this regulation, include conditions -
(a) imposing limits on the amount or composition of any substance produced or utilised during the operation of the installation in any period;
(b) which are supplemental or incidental to other conditions contained in the permit.
(15) Schedule 5 shall have effect for the purpose of listing the main polluting substance further to paragraph (3) and Schedule 6 shall have effect in relation to compensation where rights are granted pursuant to paragraph (13).
Periodic review of conditions of permits
10.- (1) SEPA shall periodically review the conditions of permits and may do so at any time.
(2) A review of a permit under this regulation shall be carried out where-
(a) the pollution caused by the installation covered by the permit is of such significance that the existing emission limit values of the permit need to be revised or new emission limit values need to be included in the permit;
(b) substantial changes in the best available techniques make it possible to reduce emissions from the installation significantly without imposing excessive costs; or
(c) the operational safety of the activities carried out in the installation requires other techniques to be used.
Proposed change in the operation of an installation
11.- (1) Subject to paragraph (4), where an operator of an installation which is permitted under these Regulations proposes to make a change in the operation of that installation he shall, at least 14 days before making the change, notify SEPA.
(2) A notification under paragraph (1) shall be in writing and shall contain a description of the proposed change in the operation of the installation.
(3) SEPA shall, by notice served on the operator, acknowledge receipt of any notification received under paragraph (1).
(4) Paragraph (1) shall not apply where-
(a) the operator applies under regulation 12(2) for the variation of the conditions of his permit before making the proposed change; and
(b) that application contains a description of the proposed change.
Variation of conditions of permits
12.- (1) SEPA may at any time vary the conditions of a permit and shall do so if it appears to it at that time, whether as a result of a review under regulation 10, a notification under regulation 11 or otherwise, that regulations 8 and 9 require conditions to be included which are different from the subsisting conditions.
(2) An operator of an installation which is permitted under these Regulations may apply to SEPA for the variation of the conditions of the permit.
(3) An application under paragraph (2) shall be made in accordance with paragraph 1 of Part 1 of Schedule 7 and shall be accompanied by any fee prescribed in respect of the application under section 41 of the Environment Act 1995; and paragraph 2 of Part 1 of Schedule 7 shall have effect with respect to such applications.
(4) Where an application is duly made under paragraph (2), SEPA shall determine, in accordance with regulations 8 and 9, whether to vary the conditions of the permit.
(5) Where SEPA decides to vary the conditions of the permit, whether on an application under paragraph (2) or otherwise, it shall serve a notice on the operator (a "variation notice") specifying the variations of the conditions of the permit and the date or dates on which the variations are to take effect and, unless the notice is withdrawn, the variations specified in the notice shall take effect on the date or dates so specified.
(6) A variation notice served under paragraph (5) shall, unless served for the purpose of determining an application under paragraph (2), require the operator to pay, within such period as may be specified in the notice, any fee prescribed in respect of the variation notice under section 41 of the Environment Act 1995.
(7) Where SEPA decides on an application under paragraph (2) not to vary the conditions of the permit, it shall give notice of its decision to the operator.
(8) Schedule 7 shall have effect in relation to applications for variations of conditions, the determination of applications under paragraph (2) and the issuing of variation notices.
[ (9) Parts 1 and 2 of Schedule 7 shall have effect subject to Part 3 of that Schedule (national security and confidential information).]
(10) This regulation and Schedule 7 apply to the variation of any provision other than a condition which is contained in a permit as they apply to the variation of a condition.
Transfer of permits
13.- (1) Where the operator of an installation wishes to transfer, in whole or in part, his permit to another person ("the proposed transferee") the operator and the proposed transferee shall jointly make an application to SEPA to effect the transfer.
(2) An application under paragraph (1) shall be accompanied by the permit and any fee prescribed in respect of the transfer under section 41 of the Environment Act 1995 and shall contain the operator’s and the proposed transferee’s telephone number and address and, if different, any address to which correspondence relating to the application should be sent.
(3) Where the operator wishes to retain part of his permit (a "partial transfer"), an application under paragraph (1) shall also contain a map or plan identifying the installation to which the transfer applies (the "transferred unit") and the part of the site used for the operation of the transferred unit (the "identified part of the site").
(4) Subject to paragraph (5), SEPA shall effect the transfer unless it considers that the proposed transferee will not comply with the conditions of the transferred permit.
(5) In the case of an application to effect the transfer of a permit or part of a permit which authorises the carrying out of a waste management activity at an installation, SEPA shall only effect the transfer if it is satisfied that the proposed transferee is a fit and proper person to carry out that activity.
(6) SEPA shall effect a transfer under this regulation by-
(a) in the case of a partial transfer-
(i) issuing a new permit to the proposed transferee which applies to the transferred unit and identified part of the site covered by the transfer and is subject to the same conditions as the original permit in so far as they are relevant to the transferred unit and the identified part of the site; and
(ii) returning the original permit to the operator with an endorsement indicating the extent of the transfer;
(b) in case of a transfer of the whole permit, causing the permit to be endorsed with the name and other particulars of the proposed transferee as the operator of the installation concerned,
and the transfer shall take effect from such date as may be agreed with the applicants and specified in the endorsement and, in the case of a partial transfer, the new permit.
(7) If within the period of two months beginning with the date on which SEPA receives an application under paragraph (1), or within such longer period as SEPA and the applicants may agree in writing, SEPA has neither effected the transfer nor given notice to the applicants that it has rejected the application, the application shall, if the operator and the proposed transferee each notify SEPA in writing that they treat the failure as such, be deemed to have been refused at the end of that period or that longer period, as the case may be.
Application to surrender permits
14.- (1) This regulation applies where an operator of a Part A installation ceases or intends to cease operating the installation, in whole or in part (including the case where he also ceases or intends to cease operating a Part B installation covered by the same permit).
(2) Where this regulation applies, the operator may-
(a) if he has ceased or intends to cease operating all of the installations covered by the permit, apply to SEPA to surrender the whole permit;
(b) in any other case, apply to SEPA to surrender the permit in so far as it authorises the operation of the installation ("the surrender unit") which he has ceased or intends to cease operating (a "partial surrender").
(3) An application under paragraph (2) shall be accompanied by the permit and any fee prescribed in respect of the application under section 41 of the Environment Act 1995, and shall contain the following information:-
(a) the operator’s telephone number and address and, if different, any address to which correspondence relating to the application should be sent;
(b) in the case of a partial surrender, a map or plan identifying the surrender unit and the part of the site used for the operation of that unit (the "identified part of the site");
(c) in the case of a surrender applying to both Part A installations and Part B installations, a map or plan identifying the part of the site used for the operation of the Part A installations (the "Part A installation site");
(d) a site report describing the condition of the Part A installation site or, where sub-paragraph (c) does not apply, the condition of the site or the identified part of the site, as the case may be ("the report site"), identifying, in particular, any changes in the condition of the site as described in the site report contained in the application for the permit to operate the installation; and
(e) a description of any steps that have been taken to avoid any pollution risk on the report site or to return it to a satisfactory state.
(4) If SEPA is satisfied, in relation to the report site that there is no pollution risk and that no steps or no further steps need to be taken to return the site to a satisfactory state, it shall accept the surrender and -
(a) give the operator notice of its determination; and
(b) in the case of a partial surrender, return the permit to the operator with an endorsement indicating the extent of the surrender,
and the permit shall cease to have effect or, in the case of partial surrender, shall cease to have effect to the extent surrendered, on the date specified in the notice of determination.
(5) If SEPA is not satisfied as mentioned in paragraph (4), it shall give to the operator a notice of its determination stating that the application has been refused and specifying the steps that it considers need to be taken to avoid any pollution risk on the report site or to return it to a satisfactory state.
(6) SEPA shall give notice of its determination of an application under this regulation within the period of 3 months beginning with the date on which it receives the application or within such longer period as it and the operator may agree in writing.
(7) If SEPA fails to give notice of its determination accepting the surrender or refusing the application within the period allowed by or agreed under paragraph (6), the application shall, if the operator notifies SEPA in writing that he treats the failure as such, be deemed to have been refused at the end of that period.
(8) SEPA may, by notice to the applicant, require him to furnish such further information specified in the notice, within the period so specified, as it may require for the purpose of determining an application under this regulation and, for the purpose of calculating the time period mentioned in paragraph (6), no account shall be taken of any period beginning with the date on which notice is served on the applicant under this paragraph and ending on the date on which the applicant furnishes the information specified in the notice.
Notification of surrender of permits
15.- (1) This regulation applies where-
(a) an operator of a Part B installation ceases or intends to cease operating the installation, in whole or in part; and
(b) regulation 14 does not apply.
(2) Where this regulation applies, the operator may-
(a) if he has ceased or intends to cease operating all of the installations covered by the permit, notify SEPA of the surrender of the whole permit;
(b) in any other case, notify SEPA of the surrender of the permit in so far as it authorises the operation of the installation ("the surrender unit") which he has ceased or intends to cease operating (a "partial surrender").
(3) A notification under paragraph (2) shall be accompanied by the permit and shall contain the following information:-
(a) the operator’s telephone number and address and, if different, any address to which correspondence relating to the application should be sent;
(b) in the case of a partial surrender, a map or plan identifying the surrender unit and the part of the site used for the operation of that unit (the "identified part of the site").
(4) Where a surrender is notified under this regulation the permit shall cease to have effect on the date specified in the notification or, in the case of partial surrender, shall cease to have effect on that date to the extent surrendered.
(5) In the case of a partial surrender under this regulation, SEPA shall return the permit to the operator with an endorsement indicating the extent of the surrender.
Revocation of permits
16.- (1) SEPA may at any time revoke a permit by serving a notice ("a revocation notice") on the operator.
(2) Without prejudice to the generality of subsection (1), SEPA may revoke a permit to operate an installation where waste management activities are carried out where it appears to it that the operator of the installation has ceased to be a fit and proper person to carry out those activities by reason of his having been convicted of a relevant offence within the meaning of regulation 4(5)(a) or by reason of the management of those activities having ceased to be in the hands of a technically competent person.
(3) A revocation notice may revoke a permit entirely or only in so far as it applies to part of an installation or to some but not all of the installations covered by a permit (a "partial revocation").
(4) A revocation notice shall specify -
(a) in the case of a partial revocation, the installation in relation to which the permit is being revoked;
(b) in all cases, the date on which the revocation shall take effect, which shall be at least 28 days after the date on which the notice is served.
(5) Where a revocation applies to the operation of a Part A installation and SEPA considers that steps need to be taken once that installation is no longer in operation-
(a) to avoid any pollution risk on the site or the part of the site used for the operation of that installation; or
(b) to return it to a satisfactory state,
the revocation notice shall also specify that this is the case and, in so far as those steps are not already required to be taken by the conditions of the permit, the steps to be taken.
(6) Subject to paragraph (7) and to regulation 21(6), a permit shall cease to have effect or, in the case of a partial revocation, shall cease to have effect in relation to any installation specified in the revocation notice, from the date specified in the notice.
(7) Where paragraph (5) applies, the permit shall cease to have effect to authorise the operation of the Part A installation from the date specified in the revocation notice but shall continue to have effect in so far as the permit requires steps to be taken once it is no longer in operation until SEPA issues a certificate of completion stating that it is satisfied that all such steps have been taken.
(8) Where a permit continues to have effect as mentioned in paragraph (7), any steps specified in a revocation notice pursuant to paragraph (5) shall be treated as conditions of the permit and regulations 12, 21, and 28 shall apply in relation to such steps, and to any other conditions in the permit which require steps to be taken once the installation is no longer in operation, until SEPA issues a certificate of completion.
(9) Where SEPA has served a revocation notice it may, before the date on which the revocation takes effect, withdraw the notice.
7 1995
c.25; the definition of "environmental licences" in section 56(1) of the 1995
Act, which defines that expression for the purposes of section 41 of that Act,
is amended by paragraph X of Schedule 9.
8 1997 c.8.
(a)
O.J. No. L194, 25.7.75, p.39, as amended by Council Directive 91/692/EEC (O.J.
No. L377, 31.12.1991, p.48).
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