Environmental Permits including mobile plant

No. It is illegal to operate a permitted process without a permit being issued.

No new installation or substantial change to an existing installation may be operated without a permit or variation. It is an offence under EP regulation 38(1)(a) to operate a regulated facility without a permit and to the extent authorised by that permit.

In the event that new categories of activity are subsequently added by future amendments to the EP Regulations, those amendment regulations are likely to include deadlines by which applications must be made for new and existing installations.

• Download the relevant application below. You can send us a completed and signed application form together with a cheque for the correct amount or bringing it to us in person at our offices.
• Contacting us in writing, telephone or email.

The Environmental Permitting (England and Wales) Regulations 2016 (opens new window) require that most activities that treat waste must have an environmental permit from the Environment Agency. However certain waste operations qualify for an exemption from the requirement for a full permit because of their low risk to the environment and human health.

Exempt waste operations are subject to standard conditions, for example that nuisance is not caused, and conditions specific to the type of activity carried on. The activities which qualify for an exemption are not unregulated but are subject to lighter touch regulation. However, if an operation does not comply with the conditions and limitations on the amount of waste handled, then the exemption may cease to apply, the operator may find they require a full permit and/or they may face enforcement action.

Details of waste exemptions are provided on the Government's webpages at Treating waste: waste exemptions - GOV.UK (www.gov.uk) (opens new window).

Most permits for waste operations and the exemptions are not dealt with by local authorities; it is the Environment Agency who is the regulator and registration authority. However local authorities register two specific waste exemptions:

T3 - treatment of waste metals and metal alloys for the purposes of removing grease, oil or any other non-metallic contaminant

T7 - treatment of waste bricks, ceramic tiles and concrete by crushing, grinding or reducing it in size

A full description of T3 and T7 can be found at Environmental Permitting (England and Wales) Regulations 2016 (the general exemption requirements are in Schedule 2 and the individual descriptions of each exemption and their conditions are in Schedule 3 to the Environmental Permitting Regulations).

The conditions applying to exemptions include, for example, for T3 the waste must be stored in a secure location with sealed drainage, and a T7 activity must be carried on at the place of production, or at the place where the treated waste is to be used.

T3 does not cover the removal by heat of plastic or rubber covering from scrap cable or any asbestos contaminant, nor to an activity listed for regulation under Part A(1), Part A(2) or Part B under Chapter 2 of Schedule 1 to the Environmental Permitting Regulations. It covers the heating in an appliance or appliances with a net rated thermal input of less than 0.2 megawatts.

T7 does not apply to any treatment covered by a Part B permitted activity as described in Part B of Section 3.5 (other mineral activities) of Part 2 of Schedule 1 to the Environmental Permitting Regulations (e.g. crushing, grinding or other size reduction, with machinery designed for that purpose, of bricks, tiles or concrete).

How to register an exemption with the Council

To register a T3 or T7 exempt waste operation, please use the attached form and return it to:

Environmental Control & Protection Team
Public Protection Services
Wiltshire Council
Bythesea road
Trowbridge
Wiltshire
BA14 8JN

Email: publicprotectionwest@wiltshire.gov.uk (opens new window)

When to Register

If the plant is fixed and located within Wiltshire Councils area (which excludes Swindon Borough Council), Wiltshire Council is the regulator. If you operate mobile plant then we are regulator if your principal place of business is within this area, if otherwise, you should contact your home local authority.

There is no charge to register.

What cannot be registered

You cannot register more than one of the same exempt waste operations at the same place at the same time. No more than one company, establishment or undertaking may be registered at the same place for the same exempt waste operation at the same time. Therefore any subsequent registrations for the same waste operation will become invalid. Only the first registered waste operation will be relevant until it is removed or expires.

If you are operating above the thresholds listed within the Environmental Permitting Regulations for each exemption, then you must apply for a full environmental permit from the Environment Agency.

Duration of the registration

Your registration will be valid for three years and you must renew your registration before the registration expires. You can apply for a renewal of your registration up to one month before the expiry date. If you do not apply for a renewal before the expiry date, your registration will be removed and you will no longer be registered for that exempt waste operation.

Making changes to your registration

If you make any changes, for example, change of address, change in the waste operation, changes to the primary contact, you must inform the Council.

Public register of exempt operations

As the exemption registration authority we are required to maintain a public register of establishments or undertakings with a valid T3 or T7 exemption. For more information please contact us.

Waste exemptions and the Environment Agency

All other waste exemption operations described in Schedule 3 of the Environmental Permitting Regulations (except T22) must be registered with the Environment Agency.

Register or renew waste exemptions (England) - GOV.UK (www.gov.uk) (opens new window)

Waste exemptions and animal health

The Animal & Plant Health Agency is the exemption registration authority for the T22 exemption, which is the treatment of animal by-products.

https://www.gov.uk/government/organisations/animal-and-plant-health-agency (opens new window)

Permitted activities are those industrial technologies that have a potential to cause pollution and a list can be found in Part 2 of Schedule 1 of the Environmental Permitting regulations 2010.

Part B activities are less polluting than Part A1 and A2 Activities and include activities such as vehicle re-spraying, furniture manufacture and unloading of petrol. The Local Authority Pollution Prevention and Control (LAPPC) system deals only with air pollution, unlike the Local Authority Integrated Pollution Prevention and Control, LA-IPPC system which looks at many environmental impacts.

Part B activities are regulated by local authorities. Wiltshire Council is responsible for permitting and inspecting all Part B activities within the County. The operator of the prescribed activity must comply with the conditions of the permit and they will be subject to inspection to ensure this is the case.

Anyone operating an activity that falls into the Part B category described above must submit an application, with the appropriate fee, to us. We must then determine the permit application in accordance with government guidance.

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.

A local authority should determine an application for an A2 installation and for all Part B installations except dry cleaners and small waste oil burners within 4 months of the application being duly made.

This time period of 4 months does not include any time taken for the request for additional information.

The time frame for dry cleaners is 3 months.

We will confirm that we have received your application. Please contact us if you have any queries using the details below.

Any person aggrieved by a refusal to be granted a permit or by any condition to which a permit is subject may appeal to the Magistrates Court and the Courts may give such directions regarding the permit or its conditions as it thinks proper.

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

To surrender a Part B permit you must complete the relevant form by:

• downloading the surrender part B application form. You can send us a completed and signed application form or bring it to us in person at our offices.
• contacting us in writing, telephone or email.

What happens when I submit the Part B surrender form?

• if it is a full surrender the Permit ceases to have effect from the date notified by the operator
• if it is a partial surrender and the council does not consider it necessary to vary any conditions as a result of the notification, the relevant part of the permit ceases to have effect on the date notified by the operator.
• if it is a partial surrender and the Council consider it necessary to vary any conditions the council must serve a variation notice detailing the changes to be made to the permit conditions.

How much does it cost to surrender a Part B permit?

There is no charge to surrender a Part B permit in whole or in part.

If you require any guidance regarding the surrender or your permit please contact the Public Protection Team.

The Environmental Agency control A1 activities, which concern more polluting and complex industries, e.g. power stations. Enquiries about A1 activities should be made to the GOV.UK: Environment Agency (opens new window).

We undertake inspection and regulation of premises where part A2 activities, which have the potential to cause air pollution.

Anyone operating an activity that falls into the A2 category described above must submit an application, with the appropriate fee, to us. We must then determine the permit in accordance with government guidance. If you wish to find out which activities require a permit, these can be found in part 2 of Schedule 1 of the Environmental Permitting regulations 2010.

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.

If you wish to build a new installation you will need to apply and obtain a permit before you start operating the activity. We recommend that you contact us at the same time as considering the planning application.

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, it must include all the information required by the form 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.

Part A2 activities are regulated by local authorities. Wiltshire Council is responsible for permitting and inspecting all Part A2 activities within the borough. The operator of the prescribed activity must comply with the conditions of the permit and they will be subject to inspection to ensure this is the case.

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

A local authority should determine an application for an A2 installation and for all Part B installations except dry cleaners and small waste oil burners within 4 months of the application being duly made.

This time period of 4 months does not include any time taken for the request for additional information.

The time frame for dry cleaners is 3 months.

We will confirm that we have received your application.

Any person aggrieved by a refusal to be granted a permit or by any condition to which a permit is subject may appeal to the Magistrates Court and the Courts may give such directions regarding the permit or its conditions as it thinks proper.

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

Please see the DEFRA (opens new window) website for further information.

To surrender a Part A2 permit you must complete the relevant form by either

• downloading the Notification to surrender permit (A2) application form. You can send us a completed and signed application form or bring it to us in person at our offices.
• contacting us in writing, telephone or email.

What happens when I submit an A2 application form?

The surrender of the permit will be accepted if the council is satisfied that the following measures have been taken:

• to avoid any potential pollution risk resulting from the operation or its cessation
• the site is returned to a satisfactory state, having regard to the state of the site before the installation was put in operation.

How much does it cost to surrender an A2 permit?

Fees are required for the surrender of an A2 permit in whole and in part. The fees normally change annually.

For activities we regulate, DEFRA lays down the relevant charges in an annual fees and charges scheme.

If you require any guidance regarding the surrender or your permit please contact the Public Protection Team.

In 1999 the EU finalised a directive known as the Solvent Emissions Directive (SED) which affects dry cleaners. The directive says that all dry cleaners using organic solvents must have a permit to operate. To comply with the requirements of the Directive all dry cleaners must apply for a Permit from their Local Authority under the provisions of the Environmental Permitting (England and Wales) Regulations 2010.

The permit, with conditions is designed to both demonstrate compliance with the emission limit imposed by the Directive and to ensure best practice to minimise solvent use. The conditions are to be based on Government guidance - Process Guidance Note 6/46(04) Secretary of State's Guidance for Dry Cleaning (PDF, 477 KB)(opens new window)

A permit must be obtained before you start to operate the dry cleaning process. The Local Authority can take up to 3 months to process an application for a dry cleaning permit and so you ensure that you allow enough time to obtain the permit before you to start operating.

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.

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, it must include all the information required by the form 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.

A local authority should determine an application for dry cleaners within 3 months of the application being duly made.

We will confirm that we have received your application.

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

Many service stations require an Environmental Permit, which ensures that controls are in place to recover petrol vapour that can be lost to the atmosphere during the following activities.

• the unloading of petrol into stationary storage tanks from a road tanker, and
• the refuelling of motor vehicle petrol tanks

Controls to minimise vapour loss from the unloading of petrol into storage tanks are referred to as Stage 1 vapour recovery controls.

Controls to minimise vapour loss from the filling of vehicle tanks are referred to as Stage 2 vapour recovery controls.

A service station will require an Environmental Permit in the following circumstances.

• new Service stations (those brought into operation after 31 December 2009:
  A permit covering Stage 1 and Stage 2 vapour recovery will be required if the annual throughput of petrol is, or is likely to be, 500m³ or more per annum.
• existing service stations (those brought into operation before 31 December 2009:
  A permit covering Stage 1 vapour recovery will be required if the annual amount of petrol unloaded at the station is, or is likely to be, 500m³ or more. The permit will also need to cover Stage 2 vapour recovery if the annual throughput of petrol at the station is, or is likely to be, 3500m³ or more.

Service Stations that meet the above thresholds must apply for an Environmental Permit from the Local Authority. It is an offence to operate a service station without one.

Petrol service stations are permitted under the Environmental Permitting (England and Wales) Regulations 2010.

If you require a permit then one must be obtained before you start to operate a new petrol service station. The Local Authority can take up to 4 months to process an application for a permit and so you must ensure that you allow enough time to obtain the permit before you start operating.

If a permit is granted it will contain conditions imposed by the Local Authority that must be complied with by law. Such conditions aim to ensure that the amount of vapour that can be lost during tanker deliveries and the filling of motor vehicles is minimised.

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.

The storage of petrol at a service station is subject to a separate Petroleum Certificate, which is also issued by Wiltshire Council.

If you intend to store more than 10 litres of petrol for your own private use or for selling on, it is a legal requirement to notify us and to submit a petroleum storage certificate application.

Failure to hold a petroleum storage certificate will render you liable to prosecution.

If a station already has a permit for Stage 1 vapour recovery but the threshold for Stage 2 is likely to be exceeded then the existing permit will need to be varied to incorporate controls for Stage 2 vapour recovery. An application for variation to permit conditions must be made.

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, it must include all the information required by the form 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.

A local authority should determine an application within 4 months of the application being duly made.

This time period of 4 months does not include any time taken for the request for additional information.

We will confirm that we have received your application.

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

The key emissions from these installations are those consisting of volatile organic compounds (VOC) and particulate matter. Vehicle re-sprayers using in excess of 1 tonne of organic solvents in any 12-month period will require an Environmental Permit from their Local Authority under the provisions Section 6.4 Part B(b) of Schedule 2 of the Environmental Permitting (England and Wales) Regulations 2010.

The permit, with conditions designed to both demonstrate compliance with emission limits and to ensure best practice to minimise solvent use, will then be issued by the authority. The conditions will be based on Government guidance - Process Guidance Note 6/34b (06) Secretary of State's Guidance for Re-spraying of Road Vehicles

General guidance setting out policy and procedures is contained in the "General Guidance Manual on Policy and Procedures for A2 and Part B installations" available from Defra guidance on the Local Authority Pollution Control (LAPC) (opens new window) referred to in this document as the "General Guidance Manual".

A permit must be obtained before you start to operate a vehicle re-spraying installation. The Local Authority can take up to 4 months to process an application for a permit and so you should ensure that you allow enough time to obtain the permit before you to start operating.

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.

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, it must include all the information required by the form 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.

A local authority should determine an application within 4 months of the application being duly made.

This time period of 4 months does not include any time taken for the request for additional information.

We will confirm that we have received your application. Please contact us using the details below if you have any queries.

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

Environmental Permits have to be varied (amended) to take account of changes to installations and therefore operators are required to notify the council of changes to their processes.

If you plan to change or extend your operations you must give the Council written notice before the proposed change so that we can check if the change is authorised by your environmental permit. There is normally a legal requirement to do this contained within your permit. You may need to apply to the Council to vary your environmental permit to allow the change if it is likely that the proposed changes will require conditions within the permit to be amended or additional conditions to be added to the permit.

Substantial Changes

Applications for variations should be made for substantial and non-substantial changes. A substantial change, which will incur a fee is defined as "A change in operation which in the opinion of the Council may have significant effects on human beings or the environment".

You can change your environmental permit by applying to the Council for a variation. You may need to do this if you change any operations at your regulated facility or if you change the name of your company. Your application will need public consultation if it is a substantial change or your regulator thinks that consultation is necessary. The Council can also vary your environmental permit without you applying for a change.

You can apply by any of the following means:

• download the variation to permit conditions application form You can send us a completed and signed application form together with a cheque for the correct amount or bringing it to us in person at our offices.
• contacting us in writing, telephone or email.

Installations may change hands through normal business transactions and the Environmental Permitting Regulations allow for permits to be transferred either for the whole installation or for one or more parts of it.

Before an environmental permit can be wholly or partially transferred to another person, a joint application to transfer the environmental permit has to be made by both the existing and proposed permit holders. New operators must have the appropriate competence to run the installation in compliance with the conditions of the existing permit.

You can transfer all or part of your environmental permit to another operator by submitting a joint application with the new operator.

You can apply by any of the following means:

• download the transfer permit application form, You can send us a completed and signed application form together with a cheque for the correct amount or bringing it to us in person at our offices.
• contacting us in writing, telephone or email.

For a whole installation transfer if the council are satisfied with the new operator's competence and the correct fee has been received, the council may either

• endorse the permit with the transferee's details as the new operator or 
• issue a new permit document.

For a partial installation transfer, if the council are satisfied with the new operator's competence and the correct fee has been received, the council will issue a new permit to the transferee and an amended permit to the original operator.