Application in relation to waste incineration installations3
1
Subject to paragraph (7), where an existing waste incineration installation is subject on 31st December 2004 to a permit, the operator shall within the period 1st to 28th February 2005 make an application under regulation 17 of the 2003 Regulations for a variation of the conditions of that permit.
2
Subject to paragraph (7), where an existing waste incineration installation (not being one falling within section 5.1 of Part 1 of Schedule 1 of the 2003 Regulations), is subject on 31st December 2004 to an authorisation, the operator shall within the period 1st to 28th February 2005 either –
a
apply under Article 11 of the 1997 Order for a variation of the conditions of the authorisation; or
b
make an application for a permit under regulation 10 of the 2003 Regulations.
3
An application under paragraph (1) or (2) shall contain the information specified in paragraph 1A of Part 1 of Schedule 4 of the 2003 Regulations.
4
Subject to paragraph (7), where a waste incineration installation would have fallen within paragraph (a), (b)(i) or (b)(ii) of the definition of existing waste incineration installation in regulation 2 had it been put into operation before the date specified in the applicable paragraph, it shall not thereafter be put into operation unless –
a
in the case of an installation which is already subject to a permit, the permit is varied pursuant to an application under regulation 17 of the 2003 Regulations; or
b
in any other case, a permit is granted in relation to the installation.
5
Where an operator fails to comply with a requirement of this regulation the Chief Inspector shall serve a notice on the operator specifying the period within which he must comply with that requirement.
6
A notice served under paragraph (5) shall be treated as an enforcement notice served under regulation 24(1) of the 2003 Regulations.
7
Paragraphs (1), (2) and (4) shall not apply where an operator holds a relevant approval, which contains conditions requiring the operator to meet the requirements of the Directive.