Grant of permit; contents of permit; publication of grant of permitU.K.
4.—(1) Subject to paragraph (3) below, where the Secretary of State receives an application for a permit in accordance with regulation 5 below, he may grant that application provided that he—
(a)has taken into account any relevant environmental statement and any representations regarding the application made by the public or made by any EEA State affected by the operation of the combustion installation; and
(b)is satisfied that there has been substantial compliance with the requirements of regulation 7 below.
(2) Subject to paragraphs (3) and (4) below, the Secretary of State shall attach to every permit granted by him pursuant to paragraph (1) above conditions which in his opinion are framed in such a way as to ensure that—
(a)all appropriate measures are taken to prevent pollution, in particular through application of best available techniques;
(b)no significant pollution is caused;
(c)where possible the production of non-gaseous waste is avoided by—
(i)the use of clean technologies more sparing in their use of natural resources; or
(ii)the use of products designed to reduce the amount or harmfulness of waste,
and that where waste is produced, it is recovered or, where that is technically and economically impossible, it is disposed of in such a way as to avoid or reduce any impact on the environment;
(d)subject to the attainment of the objective set out in sub-paragraph (a) above, energy is used efficiently;
(e)necessary measures are taken to prevent accidents affecting the environment or where they occur to limit their consequences in relation to the environment;
(f)necessary measures are taken upon the final cessation of use of the combustion installation to avoid any pollution risk and to decommission and remove the installation;
(g)taking into account the technical characteristics of the installation concerned, its geographical location, local environmental conditions and best available techniques and having regard to the potential for the transfer of the pollution in question from one medium to another, there are controls on the emission of pollutants likely to be emitted from the combustion installation in significant quantities in the form of—
(i)emission value limits for such pollutants;
(ii)where the Secretary of State considers this to be more appropriate, equivalent parameters or technical measures; or
(iii)a combination of emission value limits and equivalent parameters and technical measures;
without in any case prescribing the use of any technique or specific technology;
(h)where necessary, appropriate requirements ensuring protection of the soil and ground water and measures concerning waste generated by the installation;
(i)there are suitable release monitoring requirements relating to the release of pollutants, specifying measurement methodology and frequency, evaluation procedure and an obligation to supply the Secretary of State with data required for checking compliance with the permit;
(j)there are appropriate provisions to minimise long-distance or transboundary pollution; and
(k)where in the opinion of the Secretary of State there is a risk to the environment from these, there are measures relating to conditions other than normal operating conditions including start-up, leaks, malfunctions, momentary stoppages and definitive cessation of operations.
(3) Paragraph (2) above shall not apply to the extent that the Secretary of State is satisfied that the matters referred to in it are adequately dealt with by or under the provisions of any other enactment.
(4) Where an application for a permit includes details of any plan designed to reduce pollution from the combustion installation in question, the Secretary of State may include derogations from any condition imposed in compliance with paragraph (2)(c) above provided that such derogations are limited to the period of six months following the grant of the permit.
(5) In addition to any conditions required to be attached to any permit by virtue of paragraph (2) above, the Secretary of State may attach to a permit such other conditions as he thinks fit.
(6) Where the Secretary of State grants a permit he shall send it to the applicant.
(7) Where the Secretary of State refuses an application for the grant of a permit he shall give notice of such refusal to the applicant.
(8) The Secretary of State shall publish in the Gazettes notice of the granting of any permit.