The Environmental Permitting (England and Wales) Regulations 2016

[F1 Written management system conditions E+W

1.— (1) An environmental permit which meets each of the following criteria is subject to conditions A and B—

(a) the permit was granted before 6th April 2008;

(b) the permit does not authorise a waste operation carried on at an installation or by means of a Part B mobile plant; and

(c) the permit does not, immediately before 7th April 2019, contain a condition referring to a management system recorded in writing relating to risks relating to pollution.

(2) Condition A is that the operator must manage and operate the waste operation in accordance with a system (a “written management system”), described in a document or documents, which identifies and minimises the risks of pollution arising from the waste operation, including (but not limited to) those—

(a) arising from operations (including maintenance);

(b) arising from an accident or other incident;

(c) arising from a failure to comply with or from a contravention of the environmental permit in question;

(d) identified following a complaint; or

(e) arising from the closure of the operation.

(3) Condition B is that the operator must—

(a) from time to time, review the written management system and keep it up to date; and

(b) keep a written record of—

(i) activities carried out in accordance with the written management system; and

(ii) any review or update under paragraph (a).

(4) If the regulator varies an environmental permit which meets the criteria in paragraph (1) so as to include a condition referring to a management system recorded in writing relating to risks relating to pollution, this paragraph ceases to apply to that environmental permit.]

Textual Amendments

F1 Sch. 9 Pt. 3 inserted (7.4.2019) by The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1227), regs. 2(2), 4(5)