SCHEDULE 2Activities causing damage
Operations to which this Schedule applies
1
This Schedule lists the activities for which there is liability under regulation 5(1).
F101A
A reference in this Schedule to an activity being authorised, prohibited, operated or managed pursuant to, or subject to, a permit or registration under an EU Directive includes, after exit day, any activity authorised, prohibited, operated or managed pursuant to, or subject to, a permit or registration under any F12assimilated law which transposed that Directive.
F3Operation of permitted installations2
The operation of installations subject to permit in pursuance of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control).
Waste management operations3
1
Waste management operations, including the collection, transport, recovery and disposal of waste and hazardous waste, including the supervision of such operations and after—care of disposal sites, subject to permit or registration in pursuance of F1Directive 2008/98/EC of the European Parliament and of the Council on waste.
2
The operation of landfill sites under Council Directive 1999/31/EC on the landfill of waste M1 and the operation of incineration plants under F6Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control).
3
This does not include the spreading of sewage sludge from urban waste water treatment plants, treated to an approved standard, for agricultural purposes.
Mining waste4
The management of extractive waste under Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries M2.
Discharges requiring authorisation5
1
All discharges into the inland surface water that require prior authorisation in pursuance of Directive 2006/11/EC of the European Parliament and of the Council on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community M3.
2
All discharges of substances into groundwater that require prior authorisation in pursuance of Council Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances M4F7or Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration.
3
All discharges or injections of pollutants into surface water or groundwater that require a permit, authorisation or registration under Directive 2000/60/EC of the European Parliament and of the Council of establishing a framework for Community action in the field of water policy M5.
Water abstraction and impoundment6
Water abstraction and impoundment of water subject to prior authorisation in pursuance of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy.
Dangerous substances, plant protection products and biocidal products7
Manufacture, use, storage, processing, filling, release into the environment and onsite transport of—
a
dangerous substances as defined in Article 2(2) of Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous substances M6;
b
dangerous preparations as defined in Article 2(2) of Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations M7;
F9ba
hazardous substances as defined in Article 3 of Regulation (EC) No. 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures;
c
plant protection products F2which has the same meaning as in Article 2(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC; and
d
biocidal products as defined in Article 2(1)(a) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market M8F8or as defined in Article 3(1)(a) of Regulation No. 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products.
F4Transport8
Transport by road, rail, inland waterways, sea or air of dangerous goods; or polluting goods as defined in—
a
Directive 2002/59/EC of the European Parliament and of the Council establishing a Community vessel traffic monitoring and information system; and
b
Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods.
Genetically modified organisms9
1
Any contained use, including transport, involving genetically modified organisms (including genetically modified micro-organisms as defined by Council Directive 90/219/EEC on the contained use of genetically modified micro-organisms M9).
2
Any deliberate release into the environment, transport and placing on the market of genetically modified organisms as defined by Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms M10.
Transboundary shipment of waste10
Transboundary shipment of waste within, into or out of the F11European Union, or after exit day into or out of the United Kingdom, requiring an authorisation or prohibited under Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste..
F5Operation of carbon dioxide storage sites11
The operation of storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide.