The Environmental Permitting (England & Wales) Regulations 2016 identifies a range of industrial activities which have the potential to cause harm to the environment or human health. The Regulations prescribe these activities (baring certain exempted and excluded activities) as Regulated Facilities. Dependent upon their nature, these Regulated Facilities are assigned to a class which determines how they are regulated and who is responsible for regulating them.
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 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 Regulator.
Applying for an Environmental Permit
Any person making an application for an Environmental Permit 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 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 will be unable to operate the Regulated Facility in accordance with the proposed Environmental Permit. In both cases 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 :
An Operator may appeal if 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 the Planning Inspectorate on behalf of Welsh Government. Appeals must be made in writing within the specified time period and state the grounds for appeal. The time available to make an appeal varies depending on the type of appeal, but for a failed application it must be made within six months of the decision.
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 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 so as to achieve a high level of protection of the environment as a whole. Conditions attached to Environmental Permits for a B Installation or Mobile Plant, small waste incineration plant or a solvent emission activity will mainly affect control over emissions to air only.
The Regulator may vary an existing Environmental Permit if circumstances change or an application is made to ensure it remains current and reflective.
Should the Operator of a Regulated Facility change, it can be possible, upon 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, set by Welsh Government in accordance with the ‘Polluter Pays’ principle.
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 frequency of inspection is determined in accordance with the risk assessment method set by the Welsh Government.
Amongst other things it is an offence to knowingly cause or permit a Regulated Facility to operate without the appropriate Environmental Permit. It is also an offence 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 industrial activity, they will need to formally surrender the Environmental Permit using the prescribed form. Failure to do so may incur additional fees.
The Environmental Permitting Regulations require Regulators to maintain a Public Register of information submitted to them by Operators e.g. application details and emissions monitoring results. The index of Rhondda Cynon Taf’s Public Register has been published on this webpage and identifies the Regulated Facilities permitted by the Council. The full Public Register is available for inspection during office hours at the address below.
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: -
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.
Pollution and Public Health
Rhondda Cynon Taf County Borough Council
Dinas Isaf East
Tel: 01443 425001
Help us improve - don't include personal or financial information, e.g. your National Insurance number or credit card details.
Please provide a reason and any suggestions you feel are necessary in helping us improve the web page.