Environmental Permits

ENVIRONMENTAL PERMITS

Introduction

You must have an environmental permit if you operate a regulated facility in this District. A regulated facility includes:-

a) installations or mobile plants carrying out listed activities,

b) waste operations

c) waste mobile plant,

d) mining waste operations.

Listed activities include:-

a) energy – burning fuel, gasification, liquifaction and refining activities;

b) metals – manufacturing and processing metals;

c) minerals – manufacturing lime, cement, ceramics or glass;

d) chemicals – manufacturing chemicals, pharmaceuticals or explosives, storing chemicals in bulk;

e) waste – incinerating waste, operating landfills, recovering waste;

f) solvents – using solvents

g) other – manufacturing paper, pulp and board, treating timber products, coating, treating textiles and printing, manufacturing new tyres, intensive pig and poultry farming.

A Permit is a company’s licence to operate. To obtain a permit for an activity, applicants must demonstrate that the Best Available Techniques (BAT) will be used to prevent, minimise or render harmless polluting releases. BAT covers all aspects of the way in which the installation is managed and operated, including design, emission standards, staff training and qualifications, and working methods.

The local authority will impose permit conditions having regard to the relevant guidance issued by the Secretary of State and other legislation such as the Solvent Emission Regulations 2004. The conditions must be clear, relevant, enforceable and workable.

There are three categories of installations:-

Part A1 to be enforced by the Environment Agency
Part A2 to be enforced by the local authority
Part B to be enforced by the local authority.

Installations falling within categories A1 and A2 are subject to Integrated Pollution Prevention and Control (IPPC - i.e. control of pollution to land, air and water together with energy conservation, minimisation of waste, land contamination and noise).

Installations falling within category B will remain subject to air pollution control only. The Department of the Environment Food and Rural Affairs (DEFRA) issues guidance to local authorities for implementing these Regulations.

Part A permits control activities with a range of environmental impacts, including:-

emissions to air, land and water;
energy efficiency;
waste reduction;
raw materials consumption;
noise, vibration and heat;
accident prevention

Part B permits control activities which cause emissions to air. This includes activities such as manufacturing activities using organic solvents, incinerators, mobile crushers, waste oil burners, vehicle respraying, cement works, petrol filling stations and dry cleaners.

The permit your business requires depends on the specific processes involved and resulting emissions.

Summary of Legislation

The Environmental Permitting (England and Wales) Regulations 2010 specify whether an installation is a Part A1, Part A2 or Part B and lists the substances to be controlled. Part A1 and Part A2 activities are controlled in respect of emissions to air, land and water, energy efficiency, minimising waste and preventing contamination of land. Part B activities are only controlled in respect to emissions to air.

The permit procedure is set out in the Secretary of State’s Guidance, "General Guidance Manual on Policy and Procedures for A2 and B installations" available on the Defra website. Process guidance notes for part B and sector guidance notes for part A2 are available on the Defra website.

Who needs to notify/apply?

The application must be from the operator of the regulated facility.

For waste operations no licence will be granted unless any required planning permission has first been granted.

How long will it take to consider the notification/ application?

The completed application is reviewed to ensure that all the necessary information has been included with the application form.

The Local Authority officer will either seek further information within 14 days or confirm that the application has been ‘duly made’. Once duly made, we aim to process the application and issue the permit within 4 months or such longer period as agreed between us.

How much will it cost to notify/apply?

There are various fees and charges in relation to pollution prevention and control permits:

An operator must pay the relevant application fee to obtain a permit for a prescribed activity
A fee may be payable if there are substantial changes to a permit
Operators must pay an annual subsistence fee

Click here to see the full range of fees and charges.

Will tacit consent apply?

Tacit consent does not apply due to the risk of environmental damage.

How do I apply?

You can apply for a permit by downloading an application form:-

LA-IPPC (Part A2) Application Form

LAPPC (Part B) Application Form

Part B Application Form - Mobile Crushing and Screening

Part B Application Form - Vehicle Respraying

Part B Application Form - Dry Cleaning

Part B Application Form - Petrol Station

Part B Application Form - Small Waste Oil Burner

Complete and return it with necessary attachments to the address below.

The Council will pay regard to the protection of the environment taken as a whole by, preventing or, where that is not practicable, reducing emissions into the air, water and land. The Council may inform the public of the application and must consider any representations. If granted, the permit and conditions attached to it will include operational details, emission limits, monitoring and sampling requirements. Copies of all permits and any conditions attached to them will be put on the public register.

Completed applications must be returned, together with supporting information. This will include:

full description of the installation;
list of prescribed substances which might cause harm if released to the environment and their quantity;
techniques to be used for preventing or minimising their release;
details of any other likely release and assessment of the environmental consequence;
proposals for monitoring, sampling and measurement of emissions;
the matters on which the applicant relies to establish that BAT will be achieved.

A fee is also required to accompany the application in accordance with The Local Enforcing Authorities Air Pollution Fees and Charges Scheme. Once a permit has been issued, the operator or the local authority can decide to vary the permit to include changes or, if initiated by the local authority, require changes to take place.

If my application is refused, how do I appeal?

Operators have a right of appeal against the local authority in the following circumstances: 1. refusal to grant a permit; 2. refusal of an application to vary a permit; 3. if the operator disagrees with the conditions imposed by a local authority; 4. refusal of an application to transfer a permit; 5. refusal of an application to surrender a permit; 6. the service of a variation, revocation, enforcement or suspension notice; 7. deemed withdrawal by a local authority of a duly-made application.

The operator may appeal to the Secretary of State for the Environment against the decision of the local authority. Appeals listed in 1 – 5 above must be received within six months of the date of decision. Revocation notice appeals must be received before the date on which the revocation takes effect. Appeals against a variation, enforcement or a suspension notice must be received within two months of the date of the notice. Appeals win relation to confidentiality within 15 days after determination.

Appeals in relation to deemed withdrawal of duly made applications not later than 15 working days from the date of notice.

What if I have a complaint or concern?

Otherwise, if you are located in the UK, Consumer Direct will give you advice.

From outside the UK, contact the UK European Consumer Centre.

Permits will normally be reviewed every four or five years with a view to upgrading them in line with technological developments. However, where new information becomes available about harmful effects of a pollutant or complaints about the process are received by the local authority, the permit may be reviewed earlier.

Public register?

The Scientific Services team maintains a public register that contains details of all the regulated facilities operating within our administrative area. The register contains the following details:-

permit documents
applications for variations, transfers and surrenders
enforcement, suspension and revocation notices
monitoring data
appeals
convictions for contravention of permit conditions.

Where information is omitted on the basis of commercial confidentiality or national security a note to this effect will be put on the register.

The registers can be inspected (on request) at the address shown below. You will need to make an appointment.

For further information

If you have any queries concerning regulated facilities, please contact the Scientific Services team on the telephone number or by email shown below. Further information on the general aspects of the Local Air Pollution Control System can be found on the Defra Website and Environment Agency Website.

For independent advice call the Environment and Energy Help Line on free phone 0800 585794. The help line is a government initiative managed by AEA Technology plc and has access to a wide range of environmental information. It offers free advice to UK businesses on technical matters, environmental legislation, conferences and promotional seminars. For smaller companies, a free counselling service may be offered at the discretion of the Helpline Manager.

For queries concerning Part A1 processes, contact:-

Environment Agency Inspector, Sir John Moore House, Victoria Square, Bodmin, Cornwall PL31 1EB

Contact information

Environmental Health Shared Service

Richmondshire District Council

Friars Wynd

Richmond

North Yorkshire

DL10 4JE

Telephone: 0845 121155

Fax: 01609 767248

Email: envhealth@hambleton.gov.uk