Environmental Permitting

The classes of Regulated Facility are: - 

• an installation
• a mobile plant
• a small waste incineration plant
• a solvent emission activity
• a waste operation
• a mining waste operation
• a radioactive substances activity
• a water discharge activity
• a groundwater activity
• a flood risk activity

Of the above, the following classes of Regulated Facility are normally regulated by the Local Authority in whose area they are situated:- 

• “Part A2” Installation or Mobile Plant
• “Part B” Installation or Mobile Plant
• a waste operation this is itself a  “Part B” Installation or Mobile Plant only
• a small waste incineration plant
• a solvent emission activity

Before operating a Regulated Facility an Operator must have obtained an Environmental Permit by applying to the correct Regulator.

Applying for an Environmental Permit 

Any person making an application for an Environmental Permit or the registration of an Exempt Facility is advised to contact the relevant Regulator for guidance. The correct application form must be used and all necessary information provided to allow the Regulator to fully consider the application. Timescales for obtaining a Permit will vary, possibly taking several months, and may involve a period of public consultation. All applications must be accompanied by the correct application fee, which, for a Local Authority Regulated Facility, is set by Welsh Government. 

After consideration, the Regulator will either grant the Environmental Permit with Conditions or refuse the application. An application will be refused if the Regulator considers that the Applicant is not likely to be the Operator of the Regulated Facility or otherwise will be unable to operate the Regulated Facility in accordance with the proposed Environmental Permit. The applicant has the right to appeal the decision.

How to apply

You can now apply for your licence online by using the details below or can obtain an application form by contacting us :

• Apply for you environmental permit Part A2 online
• Apply for your environmental permit Part B online
• Application to change an environmental permit

Appeal Process 

An Operator may appeal if, amongst other things, the Regulator decides to attach or vary Conditions to an Environmental Permit, refuse to grant or vary an Environmental Permit; serves certain Notices or refuses to transfer an Environmental Permit.  Appeals are considered by Planning and Environment Decisions Wales [PEDW], on behalf of Welsh Government. Appeals, stating the grounds for the appeal, must be made to PEDW within the specified time period. The time available to make an appeal varies depending on the type of appeal. 

Holding an Environmental Permit 

Environmental Permits are granted subject to compliance with Conditions set by the Regulator. These Conditions are necessary to minimise pollution so as to protect public health and the environment.  The Conditions are set having regard to the type of Regulated Facility and, in most cases, the Best Available Techniques, to reduce and control pollution, as described in statutory guidance. 

Conditions attached to Environmental Permits for A2 Installations and Mobile Plant affect control over emissions to air, water and land. Whereas conditions attached to Environmental Permits for a B Installation or Mobile Plant, small waste incineration plant or a solvent emission activity will mainly or exclusively affect control over emissions to air. 

The Regulator may vary an existing Environmental Permit, if circumstances change or an application by the Operator is made, to ensure it remains current and reflective. 

Should the Operator of a Regulated Facility change, it may be possible, upon a successful application, to transfer the Environmental Permit to the new Operator. 

To maintain the Environmental Permit the holder is required to pay an annual subsistence charge, which for a Local Authority Regulated Facility is set by Welsh Government.

Enforcement of a Permit 

Once an Environmental Permit has been granted, the Regulator will carry out regular inspections of the Regulated Facility to check that the Operator is complying with the Conditions of the Permit. The minimum frequency of inspection is determined in accordance with the risk assessment method set by Welsh Government. 

Amongst other things it is an offence to knowingly cause or permit a Regulated Facility to operate without the appropriate Environmental Permit as is to fail to comply with or contravene a Condition of an Environmental Permit.  A wide range of actions can be taken by the Regulator in accordance with its Enforcement Policy to ensure compliance with the Environmental Permitting Regulations. 

Surrendering a Permit  

If the holder of an Environmental Permit wishes to permanently cease the activity, they will need to formally surrender the Environmental Permit using the prescribed form.  Failure to do so may, amongst other things, incur additional fees. 

Public Register 

The Environmental Permitting Regulations require the maintenance of Public Registers of relevant information e.g. Environmental Permit application details and Regulated Facility emissions monitoring results. 

Natural Resources Wales maintains public registers for the Facilities regulated by it which are available on its website.

The Council also maintains Environmental Permitting Public Registers for the Facilities regulated by it.  The indices of the Rhondda Cynon Taf CBC Environmental Permitting Public Registers have been published on this webpage and the Public Registers are available for inspection between the hours of 9am to 4pm during any Local Authority working day at the address below.

Consultations

When certain applications are received the Local Authority will undertake a consultation with statutory consultees, including the public.  The Local Authority is currently consulting upon the following applications: - 

Nil

All applications are held on the ‘Environmental Permit Public Register’ and can be viewed between the hours of 9am to 4pm during any Local Authority working day at the contact address below.

All comments in regard to the application must be in writing and received at the contact address below, prior to the consultation end date listed above.  All comments will be a matter of public record and, unless specifically requested, will be published along with the name of the commentator.

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