A range of industrial activities, carried out at installations or by means of mobile plant and referred to as regulated facilities, which have the potential to cause harm to the environment or human health are listed in Part 2 of Schedule 1 to the Environmental Permitting Regulations (England & Wales) 2007.
To protect against pollution from these regulated facilities the following pollution control regimes are in force.
- integrated Pollution Prevention and Control (IPPC - Part A1 activities) regulated by the Environment Agency
- local Authority Integrated Pollution Prevention and Control (LA-IPPC - Part A2 activities) regulated by the local authority
- local Authority Pollution Prevention and Control (LAPPC - Part B activities) regulated by the local authority
Operators of these “regulated facilities” must gain prior approval from the Regulator prior to starting the activity. It is an offence to operate a regulated facility other than under and to the extent authorised by an Environmental Permit.
The Regulator grants prior approval to an Operator of a regulated facility by issuing an Environmental Permit. To obtain an Environmental Permit an application to the Regulator must be made.
Any person making an application for an Environmental Permit is advised to contact the relevant Regulator for guidance. Timescales for obtaining a Permit will vary, taking up to 4 months from receipt of a duly made application and may involve a period of public consultation. The determination period may be extended, if necessary, by agreement of both the applicant and the Regulator. All applications must be accompanied by a fee, which is set by the Welsh Assembly Government.
Environmental Permits are granted subject to compliance with conditions set by the Regulator. These conditions are necessary to minimise pollution and provide an appropriate level of protection of the environment and are set having regard to the type of regulated facility and the Best Available Techniques (BAT) described in statutory guidance.
Conditions attached to Environmental Permits for Part A1 and A2 regulated facilities effect control over emissions to air, water and land to achieve a high level of protection of the environment as a whole. Conditions attached to Environmental Permits for Part B regulated facilities effect control over emissions to air only.
In addition to effecting control over emissions, permit conditions may also be included requiring notification of any significant changes to the regulated facility or a change in the Operator.
Once a 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 by a risk assessment. An annual fee, set by the Welsh Assembly Government, is charged to cover the cost of the inspection and administration of the Permit.
The Council is required to keep a public register of the regulated facilities within the Borough containing the information specified in Schedule 19 to the 2007 Regulations. This public register contains details of all Part A1, A2 and B regulated facilities permitted within Rhondda Cynon Taf and can be viewed at the Council’s Ty Elai office. The list of regulated facilities on the public register is accessible from the link on this page. The full list of regulated facilities permitted by the Environment Agency, can be accessed at the Environment Agency Wales website (www.environment-agency.gov.uk).
Detailed guidance, Directives and Regulations can be accessed on the Defra website (www.defra.gov.uk).
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