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Environmental Law > L7 - Environmental Permitting > Flashcards

L7 - Environmental Permitting Flashcards

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1
Q

What was wrong with the early legislation and authorities such as the Clean Air Act and the River Authority?

A

They only focused on one environmental media

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2
Q

Which part of EPA 1990 first introduced Integrated Pollution Control (IPC) and what was it used for?

A

Part 1

Used as a basis for the EU Directive

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3
Q

What is the full name of the EU Directive and when was it recently amended?

A

Directive 96/61/EC on Integrated Pollution Prevention and Control (IPPC). Amended by Directive 2008/1/EC

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4
Q

Give 5 points about the IPPC Directive?

A
  1. It is a multi-media control regime
  2. Covers inputs, remediation, noise and accident prevention
  3. All listed activities require a permit
  4. Best Practicable Environmental Option (BPEO) applies
  5. Controls must be applied based on BAT
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5
Q

What is BAT with reasoning?

A

Best: most effective means of prevention
Available: able to be accessible
Techniques: technology/operational/house keeping factors

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6
Q

Where has the IPPC Directive been transposed in the UK?

A

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

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7
Q

How many SIs were replaced with the environmental permitting regulations in England and Wales?

A

41

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8
Q

What 3 things were the environmental permitting regulations extended to include in 2011?

A
  1. Water Discharge
  2. Groundwater Activities
  3. Radioactive Substances
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9
Q

Give 5 things not covered by the environmental permitting regulations

A
  1. Contaminated Land
  2. Waste
  3. Trade
  4. Effluent
  5. Noise/Statutory Nuisance
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10
Q

What are the 2 aims of the environmental permitting regulations?

A
  1. Prevent Emissions and Waste Production
  2. 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
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11
Q

Which regulation states that you need a permit to operate a regulated facility or to cause a water discharge or groundwater activity?

A

Regulation 12

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12
Q

Which regulation outlines what is meant by a regulated facility?

A

Regulation 8

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13
Q

What are the 3 types of regulated facility?

A

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

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14
Q

If exempt from a permit what must you still do?

A

Register with the Regulator

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15
Q

Who is the regulator for Part A1 and 2 for mining and water discharge and groundwater activity?

A

EA

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16
Q

Who is the regulator for Part A2 and 2 for releases to the air only?

A

LA

17
Q

Who can apply for an environmental permit?

A

The Operator

18
Q

What must happen to the permit when operation ceases?

A

It must be surrendered

19
Q

What 2 things act as a defence?

A

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

20
Q

When should a permit be issued?

A

After planning permission has been

21
Q

What is a bespoke permit?

A

Individual permit for a particular regulated facility and its location

22
Q

What is a standard permit?

A

Specific to the type of facility/industry with conditions drafted by the regulator

23
Q

What is a single permit?

A

One permit that combines all activities/permits and has the agreement of the operator

24
Q

Is it a statutory requirement to have a pre-application meeting with the regulator?

A

No

25
Q

Which regulation says you have to comply with all of the permit conditions?

A

Regulation 36

26
Q

Which regulation outlines offences ?

A

38

27
Q

Which regulation outlines defences?

A

40

Environmental Law (9 decks)

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