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The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Northern Ireland Statutory Rule: The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 No. 160

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation: general

    3. 3.Interpretation: “best available techniques” or “BAT”

    4. 4.Fit and proper person

    5. 5.Application to the Crown

    6. 6.Applications

    7. 7.Discharge and scope of functions

    8. 8.Appointment of chief inspector and other inspectors

  3. PART 2

    1. 9.Permits: requirement for a permit

    2. 10.Permits: general provisions

    3. 11.Conditions of permits: general principles

    4. 12.Conditions of permits: specific conditions for all installations and mobile plant

    5. 13.Conditions of permits: specific conditions for Part A installations and Part A mobile plant

    6. 14.Conditions of permits: specific conditions for Part B and C installations and mobile plant

    7. 15.Conditions of permits: Department’s notice in relation to emissions into water

    8. 16.General binding rules

    9. 17.Review of conditions of permits

    10. 18.Proposed change in the operation of an installation or mobile plant

    11. 19.Variation of conditions of permits

    12. 20.Transfer of permits

    13. 21.Death of a permit holder

    14. 22.Surrender of a permit for a Part A installation or Part A mobile plant

    15. 23.Surrender of a permit for a Part B or Part C installation or Part B or Part C mobile plant

    16. 24.Revocation of permits

    17. 25.Fees and charges in relation to permits

  4. PART 3

    1. 26.Duty of the enforcing authority to undertake inspections and to ensure compliance with conditions

    2. 27.Enforcement notices

    3. 28.Suspension notices

    4. 29.Power of the enforcing authority to prevent or remedy pollution

    5. 30.Powers of inspectors and others

  5. PART 4

    1. 31.Appeals from decisions with respect to permits

  6. PART 5

    1. 32.Information

    2. 33.Public registers of information

    3. 34.Exclusion from registers of information affecting national security

    4. 35.Exclusion from registers of certain confidential information

  7. PART 6

    1. 36.Offences

    2. 37.Enforcement by the High Court

    3. 38.Admissibility of evidence

    4. 39.Power of court to order cause of offence to be remedied

  8. PART 7

    1. 40.Directions to enforcing authorities

    2. 41.Guidance to enforcing authorities

    3. 42.Plans relating to emissions

  9. PART 8

    1. 43.Disclosure of information

    2. 44.Revocations

  10. Signature

  11. SCHEDULES

    1. SCHEDULE 1

      ACTIVITIES, INSTALLATIONS AND MOBILE PLANT

      1. PART 1 ACTIVITIES

        1. CHAPTER 1 ENERGY INDUSTRIES

          1. SECTION 1.1 COMBUSTION ACTIVITIES

          2. SECTION 1.2 GASIFICATION, LIQUEFACTION AND REFINING ACTIVITIES

        2. CHAPTER 2 PRODUCTION AND PROCESSING OF METALS

          1. SECTION 2.1 FERROUS METALS

          2. SECTION 2.2 NON-FERROUS METALS

          3. SECTION 2.3 SURFACE TREATING METALS AND PLASTIC MATERIALS

        3. CHAPTER 3 MINERAL INDUSTRIES

          1. SECTION 3.1 PRODUCTION OF CEMENT AND LIME

          2. SECTION 3.2 ACTIVITIES INVOLVING ASBESTOS

          3. SECTION 3.3 MANUFACTURING GLASS AND GLASS FIBRE

          4. SECTION 3.4 PRODUCTION OF OTHER MINERAL FIBRES

          5. SECTION 3.5 OTHER MINERAL ACTIVITIES

          6. SECTION 3.6 CERAMIC PRODUCTION

        4. CHAPTER 4 THE CHEMICAL INDUSTRY

          1. SECTION 4.1 ORGANIC CHEMICALS

          2. ORGANIC CHEMICALS

          3. SECTION 4.2 INORGANIC CHEMICALS

          4. SECTION 4.3 CHEMICAL FERTILISER PRODUCTION

          5. SECTION 4.4 PLANT PROTECTION PRODUCTS AND BIOCIDES

          6. SECTION 4.5 PHARMACEUTICAL PRODUCTION

          7. SECTION 4.6 EXPLOSIVES PRODUCTION

          8. SECTION 4.7 MANUFACTURING ACTIVITIES INVOLVING AMMONIA

          9. SECTION 4.8 THE STORAGE OF CHEMICALS IN BULK

        5. CHAPTER 5 WASTE MANAGEMENT

          1. SECTION 5.1 INCINERATION AND CO-INCINERATION OF WASTE

          2. SECTION 5.2 DISPOSAL OF WASTE BY LANDFILL

          3. SECTION 5.3 DISPOSAL OR RECOVERY OF HAZARDOUS WASTE OTHER THAN BY INCINERATION OR LANDFILL

          4. SECTION 5.4 DISPOSAL OR RECOVERY OF NON-HAZARDOUS WASTE

          5. SECTION 5.5 TEMPORARY AND UNDERGROUND STORAGE OF WASTE

        6. CHAPTER 6 OTHER ACTIVITIES

          1. SECTION 6.1 PAPER, PULP AND BOARD MANUFACTURING ACTIVITIES

          2. SECTION 6.2 CARBON ACTIVITIES

          3. SECTION 6.3 TAR AND BITUMEN ACTIVITIES

          4. SECTION 6.4 COATING ACTIVITIES, PRINTING AND TEXTILE TREATMENTS

          5. SECTION 6.5 THE MANUFACTURE OF DYESTUFFS, PRINTING INK AND COATING MATERIALS

          6. SECTION 6.6 TIMBER ACTIVITIES

          7. SECTION 6.7 ACTIVITIES INVOLVING RUBBER

          8. SECTION 6.8 THE TREATMENT OF ANIMAL AND VEGETABLE MATTER AND FOOD INDUSTRIES

          9. SECTION 6.9 INTENSIVE FARMING

          10. SECTION 6.10 CARBON CAPTURE AND STORAGE

          11. SECTION 6.11 WASTE WATER TREATMENT

        7. CHAPTER 7 SOLVENT EMISSIONS

          1. SECTION 7 SED ACTIVITIES

      2. PART 2 INTERPRETATION OF PART 1

        1. 1.The following rules apply for the interpretation of Part 1...

        2. 2.(1) Subject to sub-paragraph (2), an activity shall not be...

        3. 3.An activity shall not be taken to be an activity...

        4. 4.An activity listed in section 7 of Part 1 shall...

        5. 5.References in Part 1 to related activities are references to...

        6. 6.(1) This paragraph applies for the purpose of determining whether...

        7. 7.(1) Where an activity falls within a description in Part...

        8. 8.In Part 1— “background quantity” means, in relation to the...

        9. 9.References to, or to the release into the air of,...

        10. 10.References to, or to the release into water of, a...

        11. 11.(1) References to a substance listed in this paragraph are...

      3. PART 3 INTERPRETATION OF “PART A INSTALLATION” ETC.

        1. 12.For the purpose of these Regulations— “Part A installation” means...

        2. 13.For the purpose of these Regulations— “Part A mobile plant”...

        3. 14.A Part B installation where an activity falling within paragraph...

        4. 15.A Part B installation where an activity falling within paragraph...

        5. 16.(1) A Part B or Part C installation where an...

        6. 17.Where an installation is a Part A installation, a Part...

        7. 18.Where an installation is authorised by a permit granted under...

        8. 19.In this Part, “Part A activity”, “Part B activity” and...

    2. SCHEDULE 2

      BEST AVAILABLE TECHNIQUES

      1. 1.Subject to paragraph 2, in determining BAT, special consideration shall...

      2. 2.Sub-paragraphs (a) to (c) and (j) to (l) of paragraph...

    3. SCHEDULE 3

      PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS

      1. PART 1 PART A INSTALLATIONS AND MOBILE PLANT

        1. 1.Save as set out in paragraph 2(b), for a Part...

        2. 2.For a Part A installation or Part A mobile plant—...

        3. 3.For a Part A installation or Part A mobile plant...

        4. 4.For any Part A installation or Part A mobile plant,...

      2. PART 2 PART B AND PART C INSTALLATIONS AND MOBILE PLANT

        1. 5.The prescribed date for a Part B or Part C...

      3. PART 3 TRANSITIONAL ARRANGEMENTS

        1. 6.(1) The enforcing authority may accept a permit issued under...

        2. 7.The enforcing authority must ensure that the permit is fully...

      4. PART 4 APPLICATION OF THE POLLUTION PREVENTION AND CONTROL REGULATIONS (NORTHERN IRELAND) 2003

        1. 8.The Pollution Prevention and Control Regulations (Northern Ireland) 2003 shall...

    4. SCHEDULE 4

      GRANT OF PERMITS

      1. PART 1 APPLICATIONS FOR PERMITS

        1. 1.(1) An application to an enforcing authority for a permit...

        2. 2.An application for a permit to operate a waste incineration...

        3. 3.An application for a landfill permit, where an activity falling...

        4. 4.(1) An application for a permit to operate an installation...

        5. 5.Paragraph 1(1) applies in relation to an application for a...

        6. 6.The enforcing authority may, by notice in writing, require the...

        7. 7.Subject to paragraph 30, the applicant shall, within the period...

        8. 8.Any advertisement required by paragraph 7 shall—

        9. 9.In the case of an application for a permit to...

        10. 10.Where an application is for a permit to operate more...

        11. 11.Paragraph 7 shall not apply in relation to an application...

      2. PART 2 DETERMINATION OF APPLICATIONS

        1. 12.(1) Subject to paragraph 30, the enforcing authority shall, within...

        2. 13.Paragraph 12 does not apply in relation to an application...

        3. 14.(1) If the enforcing authority proposes to grant a permit...

        4. 15.(1) Any representations made by any persons within the period...

        5. 16.In the case of an application for a permit to...

        6. 17.(1) The Department may give directions to the enforcing authority...

        7. 18.(1) Except in a case where an application has been...

        8. 19.(1) The enforcing authority shall— (a) within a period of...

        9. 20.(1) An advertisement required by paragraph 19 shall—

        10. 21.If the enforcing authority fails to give notice of its...

        11. 22.Where the Department is aware that the operation of an...

        12. 23.(1) Where an application is forwarded to another Member State...

        13. 24.Any representations on the draft determination made in the Member...

        14. 25.(1) For the purposes of Parts 1 and 2 “working...

      3. PART 3 NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

        1. 26.The requirements of paragraph 7 shall not apply in so...

        2. 27.The requirements of paragraph 12, other than paragraph 12(f), shall...

        3. 28.Subject to paragraph 29, the requirements of paragraph 12(1)(b)(ii), (iii)...

        4. 29.Paragraph 28 shall not apply in relation to information which...

        5. 30.Where a matter falls to be determined under regulation 34...

        6. 31.For the purpose of paragraph 30, the matters to be...

    5. SCHEDULE 5

      POLLUTANTS

      1. 1.AIR

      2. 2.Oxides of nitrogen and other nitrogen compounds.

      3. 3.Carbon monoxide.

      4. 4.Volatile organic compounds.

      5. 5.Metals and their compounds.

      6. 6.Dust including fine particulate matter.

      7. 7.Asbestos (suspended particulates, fibres).

      8. 8.Chlorine and its compounds.

      9. 9.Fluorine and its compounds.

      10. 10.Arsenic and its compounds.

      11. 11.Cyanides.

      12. 12.Substances and mixtures which have been proved to possess carcinogenic...

      13. 13.Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.

      14. 1.WATER

      15. 2.Organophosphorus compounds.

      16. 3.Organotin compounds.

      17. 4.Substances and mixtures which have been proved to possess carcinogenic...

      18. 5.Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.

      19. 6.Cyanides.

      20. 7.Metals and their compounds.

      21. 8.Arsenic and its compounds.

      22. 9.Biocides and plant protection products.

      23. 10.Materials in suspension.

      24. 11.Substances which contribute to eutrophication (in particular, nitrates and phosphates)....

      25. 12.Substances which have an unfavourable influence on the oxygen balance...

      26. 13.Substances listed in Annex X to Directive 2000/60/EC.

    6. SCHEDULE 6

      COMPENSATION IN RELATION TO OFF-SITE CONDITIONS

      1. 1.(1) This Schedule applies in any case where—

      2. 2.In a case where this Schedule applies, any person who...

      3. 3.Subject to paragraph 6(3) and (5)(b), compensation shall be payable...

      4. 4.(1) Subject to sub-paragraph (2), an entitlement to compensation under...

      5. 5.(1) An application for compensation under this Schedule shall be...

      6. 6.(1) The amount to be paid by way of compensation...

      7. 7.(1) Compensation payable under this Schedule in respect of an...

      8. 8.(1) Compensation payable under this Schedule shall carry interest at...

    7. SCHEDULE 7

      VARIATION OF CONDITIONS

      1. PART 1 APPLICATIONS FOR VARIATION OF CONDITIONS

        1. 1.An application under regulation 19(2) for the variation of the...

        2. 2.If a proposed change in the operation of a Part...

        3. 3.An application under regulation 19(2) for the variation of the...

        4. 4.The enforcing authority may, by notice in writing to the...

        5. 5.(1) Subject to sub-paragraph (2), this paragraph shall apply where...

        6. 6.(1) Subject to paragraph 24(b), an operator notified under paragraph...

        7. 7.(1) The Department may give directions to the enforcing authority...

        8. 8.(1) Except in a case where an application under regulation...

        9. 9.(1) The enforcing authority shall give notice of their draft...

        10. 10.(1) An advertisement required by paragraph 9 shall—

        11. 11.If the enforcing authority fails to give notice of its...

      2. PART 2 VARIATION NOTICES

        1. 12.(1) Subject to paragraph (2), this paragraph applies where the...

        2. 13.The chief inspector shall notify the operator of a Part...

        3. 14.(1) Subject to paragraph 24(b), an operator notified under paragraph...

        4. 15.(1) If the enforcing authority proposes to serve a variation...

        5. 16.(1) In the case of a proposed variation notice affecting...

      3. PART 3 TRANSBOUNDARY NOTIFICATION

        1. 17.Where the Department is aware that an application or a...

        2. 18.Where an application or proposal to serve a variation notice...

        3. 19.In determining an application or before serving a variation notice...

        4. 20.Any representations on the draft determination made in the Member...

        5. 21.(1) For the purposes of this Schedule “working day” means...

      4. PART 4 NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

        1. 22.The requirements of paragraph 6(1) and 14(1) shall not apply...

        2. 23.Paragraphs 27, 28 and 29 of Schedule 4 shall apply...

        3. 24.Where a matter falls to be determined under regulation 34...

        4. 25.Paragraph 31 of Schedule 4 shall apply for the purpose...

    8. SCHEDULE 8

      SED INSTALLATIONS

      1. 1.Application

      2. 2.Interpretation

      3. 3.Exercise of relevant functions

    9. SCHEDULE 9

      LARGE COMBUSTION PLANTS

      1. 1.Application

      2. 2.This Schedule applies, from 1st January 2016, in relation to...

      3. 3.Interpretation

      4. 4.Exercise of relevant functions

    10. SCHEDULE 10

      TITANIUM DIOXIDE

      1. 1.Application

      2. 2.Interpretation

      3. 3.Exercise of functions

    11. SCHEDULE 11

      WASTE INCINERATION

      1. 1.Application

      2. 2.Interpretation

      3. 3.Exercise of relevant functions

    12. SCHEDULE 12

      PETROL VAPOUR RECOVERY

      1. PART 1 PVR I

        1. 1.Application

        2. 2.Interpretation

        3. 3.Exercise of enforcing authority functions

      2. PART 2 PVR II

        1. 1.Application

        2. 2.Interpretation

        3. 3.Exercise of district council functions

    13. SCHEDULE 13

      ASBESTOS

      1. 1.Application

      2. 2.Interpretation

      3. 3.Exercise of chief inspector’s functions

    14. SCHEDULE 14

      SUPPLEMENTAL PROVISIONS WITH RESPECT TO POWERS OF ENTRY

      1. 1.In this Schedule— “relevant power” means a power conferred by...

      2. 2.(1) If it is shown to the satisfaction of a...

      3. 3.(1) Subject to regulation 30(10), information obtained in consequence of...

      4. 4.An inspector who, in the exercise of a relevant power,...

      5. 5.(1) Where an inspector exercises any power conferred by regulation...

    15. SCHEDULE 15

      APPEALS FROM DECISIONS WITH RESPECT TO PERMITS

      1. 1.(1) A person who wishes to appeal to the Planning...

      2. 2.Notice of appeal in accordance with paragraph 1 is to...

      3. 3.The enforcing authority shall, within 14 days of receipt of...

      4. 4.(1) The Planning Appeals Commission shall determine the appeal and...

    16. SCHEDULE 16

      REGISTERS

      1. 1.(1) A register maintained by an enforcing authority under regulation...

      2. 2.Where an application is withdrawn by the applicant at any...

      3. 3.Where, following an amendment of Schedule 1, these Regulations cease...

      4. 4.Nothing in paragraph 1 requires an enforcing authority to keep...

      5. 5.Any details of a formal caution included in a register...

    17. SCHEDULE 17

      REVOCATIONS

  12. Explanatory Note

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