L7 - Environmental Permitting Flashcards
What was wrong with the early legislation and authorities such as the Clean Air Act and the River Authority?
They only focused on one environmental media
Which part of EPA 1990 first introduced Integrated Pollution Control (IPC) and what was it used for?
Part 1
Used as a basis for the EU Directive
What is the full name of the EU Directive and when was it recently amended?
Directive 96/61/EC on Integrated Pollution Prevention and Control (IPPC). Amended by Directive 2008/1/EC
Give 5 points about the IPPC Directive?
- It is a multi-media control regime
- Covers inputs, remediation, noise and accident prevention
- All listed activities require a permit
- Best Practicable Environmental Option (BPEO) applies
- Controls must be applied based on BAT
What is BAT with reasoning?
Best: most effective means of prevention
Available: able to be accessible
Techniques: technology/operational/house keeping factors
Where has the IPPC Directive been transposed in the UK?
England and Wales –>
Pollution Prevention and Control Act 1999 and Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (licensing and permitting together)
Scotland –>
Pollution Prevention and Control Act 1999 and separate permitting and licensing Regulations
How many SIs were replaced with the environmental permitting regulations in England and Wales?
41
What 3 things were the environmental permitting regulations extended to include in 2011?
- Water Discharge
- Groundwater Activities
- Radioactive Substances
Give 5 things not covered by the environmental permitting regulations
- Contaminated Land
- Waste
- Trade
- Effluent
- Noise/Statutory Nuisance
What are the 2 aims of the environmental permitting regulations?
- Prevent Emissions and Waste Production
- When not practicable to reduce them to acceptable levels:
a) ensure efficient use of natural resources
b) ensure the site is returned to an acceptable risk level after the activity ceases
Which regulation states that you need a permit to operate a regulated facility or to cause a water discharge or groundwater activity?
Regulation 12
Which regulation outlines what is meant by a regulated facility?
Regulation 8
What are the 3 types of regulated facility?
Part A1: Larger sites with high risk to the environment
Part A2: Low risk installations
Part B: Releases to air not covered by the IPPC Directive
If exempt from a permit what must you still do?
Register with the Regulator
Who is the regulator for Part A1 and 2 for mining and water discharge and groundwater activity?
EA
Who is the regulator for Part A2 and 2 for releases to the air only?
LA
Who can apply for an environmental permit?
The Operator
What must happen to the permit when operation ceases?
It must be surrendered
What 2 things act as a defence?
It was done to prevent damage to human health or the environment and the regulator was notified – both must be satisfied to have a defence
When should a permit be issued?
After planning permission has been
What is a bespoke permit?
Individual permit for a particular regulated facility and its location
What is a standard permit?
Specific to the type of facility/industry with conditions drafted by the regulator
What is a single permit?
One permit that combines all activities/permits and has the agreement of the operator
Is it a statutory requirement to have a pre-application meeting with the regulator?
No
Which regulation says you have to comply with all of the permit conditions?
Regulation 36
Which regulation outlines offences ?
38
Which regulation outlines defences?
40
