Second phase of environmental permitting

The Environmental Permitting (England and Wales) Regulations SI 2010/675 have now been published and will come into force on 6 April 2010. The new provisions will enable businesses and regulators to move towards one permit, one regulator, one site regime.

They will extend the the existing streamlined environmental permitting and compliance system in England and Wales by integrating existing regimes covering water discharge consents, groundwater authorisations, radioactive substances authorisations and the outcomes of the Waste Exemptions Order Review into the environmental permitting system. They also incorporate previous amendments which transposed provisions relating to mining waste and waste batteries and accumulators into the single permitting system, which already covers pollution prevention and control and waste management licensing.

What do you need to know?

If you are involved in any of the following activities, then the Regulations will apply to you:

• discharging to rivers, lakes, estuaries or coastal waters;
• discharging substances to groundwater;
• using or disposing of radioactive substances or wastes.

If you currently have a water discharge consent, groundwater authorisation or radioactive substances authorisation you will not have to re-apply for an environmental permit. Your consent or authorisation will automatically become a permit when the Regulations come into force.

Revised waste exemptions

New exempt waste operations will also come into force as part of the new Regulations. These provisions will include:

• revised exemptions grouped under headings such as waste use, treatment, disposal and storage at the place of production;
• higher risk activities will be regulated through standard permits;
• exemptions must be renewed every three years;
• and fewer records will need to be kept for certain exemptions.

These revised exemptions will apply to anyone:

• operating a waste recycling, recovery or disposal business;
• currently operating under an exemption;
• operating under an Environment Agency low risk position.

If you already have an environmental permit, it may be possible that you only need an exemption under the new Regulations.

Further information on the Regulations, as well as guidance, can be viewed at http://www.defra.gov.uk/environment/policy/permits/guidance.htm.