Citation and commencement

1.  These Regulations may be cited as the Environmental Permitting (England and Wales) (Amendment) (No. 3) Regulations 2015 and come into force on 30th October 2015.

Amendment of the Environmental Permitting (England and Wales) Regulations 2010

2.  The Environmental Permitting (England and Wales) Regulations 2010(2) are amended in accordance with regulations 3 to 5.

Amendment of regulation 37

3.  In regulation 37 (suspension notices)-

(a)after paragraph (3) insert-

"(3A) If the regulator considers that the manner of operating a regulated facility contravenes an environmental permit condition, and that such contravention involves a risk of pollution, it may serve a suspension notice on the operator.";

(b)in paragraph (4)-

(i)after "paragraph (2)" insert "or (3A)";

(ii)for sub-paragraph (a)(i) to (iii) substitute-

"(i)the risk mentioned in paragraph (2) or (3A);

(ii)the steps that must be taken to remove that risk;

(iii)in a case where paragraph (3A) applies, the matters constituting the contravention mentioned in that paragraph;

(iv)in a case where paragraph (3A) applies, the steps that must be taken to remedy that contravention; and

(v)the period within which the steps mentioned in paragraph (ii) or (iv) must be taken;"; and

(c)after paragraph (7) insert-

"(7A) Where a suspension notice has the effect of preventing waste of a specified description being accepted at a regulated facility, the notice may require the operator of that facility to display appropriate signs at such places as may be specified in the notice, informing the public that no further waste of a specified description may be accepted at that facility.".

Amendment of regulation 42

4.  For regulation 42 (enforcement by the High Court), substitute-

"42.  The regulator may take proceedings in the High Court for the purpose of securing compliance with an enforcement notice, suspension notice, prohibition notice, landfill closure notice or mining waste facility closure notice (whether or not it has taken other steps for that purpose).".

Amendment of regulation 57

5.  In regulation 57 (power of the regulator to prevent or remedy pollution)-

(a)for paragraph (1) substitute-

"(1) If the regulator considers that a risk of serious pollution exists as a result of the operation of a regulated facility or an exempt facility, it may arrange for steps to be taken to remove that risk.";

(b)in paragraphs (4), (5)(a) and (5)(b), for "the operator" substitute "the relevant person"; and

(c)after paragraph (5) insert-

"(6) In this regulation, "the relevant person" means-

(a)an operator;

(b)an establishment or undertaking carrying on an exempt waste operation; or

(c)a person carrying on a water discharge activity or groundwater activity.".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675) ("the 2010 Regulations").

Regulation 3 amends regulation 37 of the 2010 Regulations to allow the regulator (the Environment Agency in relation to England, the Natural Resources Body for Wales in relation to Wales and local authorities in both countries) to serve a suspension notice where it considers that there has been a contravention of an environmental permit condition and such contravention involves a risk of pollution. It also allows the regulator to require the operator to put up a sign to make clear to the public that no further waste of a specified description may be accepted at that facility.

Regulation 4 amends regulation 42 of the 2010 Regulations to make clear that the regulator may make an application to the High Court whether or not it has taken other steps to secure compliance with an enforcement notice or other specified type of notice.

Regulation 5 amends regulation 57 of the 2010 Regulations to allow the regulator to arrange for steps to be taken to remove the risk of serious pollution which arises as a result of the operation of a regulated facility or an exempt facility.

An impact assessment in relation to England has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen. The Welsh Ministers' Code of Practice on the carrying out of regulatory impact assessments for subordinate legislation was considered in relation to these Regulations. As a result, a regulatory impact assessment in relation to Wales has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff CF10 3NQ and is published on www.gov.wales.