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The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013
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- Northern Ireland Statutory Rules
- 2013 No. 160
- PART 3
- Regulation 26
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The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013, Section 26 is up to date with all changes known to be in force on or before 12 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- reg. 14A inserted by S.R. 2025/18 reg. 3(4)
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- reg. 14A inserted by S.R. 2025/18 reg. 3(4)
Duty of the enforcing authority to undertake inspections and to ensure compliance with conditionsN.I.
This section has no associated Explanatory Memorandum
26.—(1) While a permit is in force it shall be the duty of the enforcing authority to take such action under these Regulations as may be necessary for the purpose of ensuring that the conditions of the permit are complied with.
(2) In the case of a Part A installation or Part A mobile plant the chief inspector shall set up a system of environmental inspections of installations and mobile plant addressing the examination of the full range of relevant environmental effects from the installations and mobile plant concerned.
(3) The chief inspector shall ensure that [F1all Part A installations and Part A mobile plant] are covered by an environmental inspection plan and shall ensure that this plan is regularly reviewed and, where appropriate, updated.
(4) Each environmental inspection plan shall include the following—
(a)a general assessment of relevant significant environmental issues;
(b)the geographical area covered by the inspection plan;
(c)a register of the installations and mobile plant covered by the plan;
(d)procedures for drawing up programmes for routine environmental inspections pursuant to paragraph (5); and
(e)procedures for non-routine environmental inspections pursuant to paragraph (7).
(5) Based on the inspection plans, the chief inspector shall regularly draw up programmes for routine environmental inspections, including the frequency of site visits for different types of installations and mobile plant so that—
(a)the period between two site visits is based on a systematic appraisal of the environmental risks of the installations and mobile plant concerned and does not exceed one year for installations and mobile plant posing the highest risks and three years for installations and mobile plant posing the lowest risks;
(b)if an inspection has identified an important case of non-compliance with the permit conditions, an additional site visit shall be carried out within six months of that inspection;
(6) The systematic appraisal of the environmental risks shall be based on at least the following criteria—
(a)the potential and actual impacts of the installations and mobile plant concerned on human health and the environment taking into account the levels and types of emissions, the sensitivity of the local environment and the risk of accidents;
(b)the record of compliance with permit conditions; F2...
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Non-routine environmental inspections [F4of Part A installations and Part A mobile plant] shall be carried out to investigate serious environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance as soon as possible and, where appropriate, before the granting, reconsideration or update of a permit.
(8) Following each site visit [F5to a Part A installation or Part A mobile plant], the chief inspector shall—
(a)prepare a report describing its relevant findings regarding compliance of the installation or mobile plant with the permit conditions and its conclusions on whether any further action is necessary;
(b)notify the operator concerned within two months of the site visit taking place; and
(c)make the report publicly available within four months of the site visit taking place, F6...(1)
Textual Amendments
F1Words in reg. 26(3) substituted (10.12.2014) by The Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/304), regs. 1, 7(a)
F2Word in reg. 26(6) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Reg. 26(6)(c) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 26(7) inserted (10.12.2014) by The Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/304), regs. 1, 7(b)
F5Words in reg. 26(8) inserted (10.12.2014) by The Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/304), regs. 1, 7(c)
F6Words in reg. 26(8)(c) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Reg. 26 in operation at 20.6.2013, see reg. 1
(1)
O.J. L41, 14.2.2003, p.26
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