Regulation of Industrial Processes
The primary legislation dealing with environmental permitting is the Pollution Prevention and Control Act 1999. Under this Act the Environmental Permitting (England and Wales) Regulations 2016 sets out the detailed legal requirements relating to the Environmental Permitting regime. This regime not only requires prescribing processes to hold an Environmental Permit but it also requires the relevant regulator to hold a public register for each installation within its area.
Public Register of processes holding an Environmental Permit within Bolsover District
Certain industrial activities have the potential to cause pollution risks to human health and the environment. These activities are regulated to ensure that they have in place proper controls over the activities carried out. The regulatory regime is called Environmental Permitting. Activities covered by this legislation are prohibited unless a permit has been obtained from the appropriate regulator, which would either be the Environmental Agency or the local authority responsible for the area where the activity is located. Where an environmental permit is granted the operator must carry comply with the conditions set out within it. The permit gives clear instructions on how the environment must be protected from this activity.
Permits can cover water, land and air pollution, radioactive contamination and other environmental hazards. The standards of protection take account of the nature of the hazard, the cost and the risks to the environment and human health. These permits maintain a careful balance between human activity and environmental protection using the principle of best available technique.
There is a charge for permits, which follows the 'polluter pays' principle by linking the charge to the effort required to regulate the installation. The lower the environmental risk of the installation, the lower the fee that will be charged. The charging scheme is set by central government and is regularly reviewed.
The activities controlled by the Environmental Permitting regime are divided into three categories based on the environmental pollution potential of the industry sector in which the activities fall. They are regulated by 2 different enforcing authorities as outlined below.
Environment Agency Part A1 Environmental Permits
The Environment Agency regulates what is considered to be the most polluting of the three industrial categories known as A1 activities. These are regulated for emissions to land, air, water and other environmental considerations. Examples of A1 activities are landfill sites and hazardous waste incinerators. For information relating to these activities the Environment Agency should be contacted.
Local Authority Part A2 and Part B Environmental Permits
Local authorities regulate what are known as A2 activities, as well as the lesser polluting Part B activities, the latter of which is regulated for emissions to air only. Examples of A2 activities are foundries and animal rendering activities and examples of Part B activities include coating manufacturing, petrol stations and vehicle re-sprayers. Bolsover District hold a Part B processes public register 2020-21 for all permits issues by the authority and this is available to view during normal office hours at North East Derbyshire District Council offices at Mill Lane.