Environmental permits

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By law Local Authorities are required to regulate certain types of industries to reduce pollution and in particular improve air quality. The laws include The Pollution Prevention & Control Act 1999 and Environmental Permitting (England and Wales Regulations) 2010 which together govern Integrated Pollution Prevention and Control and Local Authority Pollution Prevention and Control.

Our role in the regime is to issue permits which set controls and emission standards to minimise pollution from certain industrial activities. The Activities which require a permit can be found in Part 2 of Schedule 1 of the The Environmental Permitting (England & Wales) Regulations 2010

Once a Permit has been issued we routinely inspect the activity, those with a higher pollution potential are inspected more frequently. If a company breaches the conditions we set in the Permit we can take enforcement action which may lead to prosecution.

The activities listed in the Environmental Permitting regulations 2010 are split into three categories namely A1, A2 and Part B activities.

A1 Activities

The Environment Agency control A1 activities, which are the larger more polluting and complex industries causing pollution to land, air or water e.g. power stations . Enquiries about A1 activities should be made to the Environment Agency.

A2 Activities

Wiltshire Council regulates A2 activities. The Part A2 activities regime is known as Local Authority Integrated Pollution Prevention and Control (LA-IPPC).

Part B Activities

Part B activities are those that have less potential to cause pollution and include activities such as vehicle re-spraying, furniture manufacture and unloading of petrol. These are inspected and regulated by Wiltshire Council. The Part B activities regime is known as Local Authority Pollution Prevention and Control (LAPPC).

Guidance

DEFRA provides further information guidance on the policy and permitting procedures for activities subject to LA-IPPC and LAPPC under the Environmental Permitting Regulations 2010.

Who needs a permit?

Anyone operating an activity that is listed in Part 2 of Schedule 1 of the Environmental Permitting Regulations 2010 requires a Permit. Anyone wanting to operate an A1 activity needs to apply to the Environment Agency and anyone wishing to operate a Part A2 or Part B activity must submit an application, with the appropriate fee, to us. We must then consider the permit application making reference to government guidance to determine whether to issue or refuse the permit application. If we issue a Permit it must include conditions which set down how the pollution shall be minimised. Application forms are available to download or by contacting the Public Protection Team.

Eligibility Criteria

Only a person who has control over the operation of a regulated facility may obtain or hold an Environmental Permit. This person is the “operator”. A permit application may be made by an agent on behalf of the operator.

When do I need a permit?

If you wish to start a new installation you will need to apply and obtain a permit before you start operating the activity, so the sooner you make the application the better.

How much will It cost?

The costs incurred in obtaining and retaining an environmental permit are not straightforward.

• LAPPC (Part B) Fees 19kb
• LA-IPPC (Part A2) Fees 7kb

These change according to, for example, legislative changes and inflation. There are charges for:

• applications for permits
• retaining a permit (these are called subsistence fees)
• making major changes to the facility (these are called substantial changes).

Application Evaluation Process

Pre - application discussions between operators and regulators can help in improving the quality of the formal permit application and are therefore encouraged.

The permit application must be made on the form provided, all relevant sections must be completed and it must be accompanied by the relevant fee.

If the application is correctly made and includes the relevant fee it will be “duly made” which means it has been accepted by the Council.

The permit application will not be duly made if for instance;

• It has not been submitted on the correct form,
• It does not adequately address a key point in the application,
• The relevant fee does not accompany the permit application.

Permitted activities - Access to Information

Wiltshire Council maintains a Public Register containing information on all the Permitted Activities within the County.

Trade Associations

It is advisable to contact your trade association for advice about completing the permit application form and methodology for compliance with the legislation.

Last updated: 2 February 2012