Schofield Sweeney
5 Contributions by Schofield Sweeney Experts
PRACTICE NOTES
Environmental permitting
Environmental permitting sits among the principal environmental regulatory frameworks in the UK. Its purpose is to manage pollution and releases to the environment from industrial and other operations. As a cornerstone of UK business regulation, it seeks to control activities that could contaminate the environment or endanger human health. Environmental permits set a suite of conditions for the design, operation and eventual decommissioning of a regulated installation, and prescribe how regulated activities must be undertaken. This Practice Note reviews the process for deciding whether to issue an environmental permit under the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154, and the conditions to be attached. It also explains the procedure for appealing a decision. EPR 2016 establish a single, unified permitting system for facilities and activities. They combined and revoked the Environmental Permitting (England and Wales)
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PRACTICE NOTES
History of environmental permitting
From 6 April 2008, these regulatory frameworks have been absorbed into the current environmental permitting system:
the Integrated Pollution Prevention and Control Directive 2008/1/EC and the Industrial Emissions Directive 2010/75/EC
waste management licensing
the Mining Waste Directive 2006/21/EC
permitting elements of the Batteries Directive 2006/66/EC
water discharge consents and flood defence consents formerly handled under the Water Resources Act 1991
the groundwater permitting regime previously covered by the Groundwater (England and Wales) Regulations 2009, SI 2009/2902
control of radioactive substances, previously under the Radioactive Substances Act 1993
solvent emissions, previously governed by various directives including the Integrated Pollution Prevention and Control Directive 2008/1/EC, the Waste Incineration Directive 2000/76/EC, and the Solvent Emissions Directive 1999/13/EC
The Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 took effect on 1 January 2017. EPR 2016, SI 2016/1154 consolidated and revoked the Environmental Permitting (England and Wales)
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PRACTICE NOTES
Introduction
Environmental permitting is among the principal environmental regulatory frameworks in the UK. Its purpose is to oversee and limit pollution and emissions into the environment arising from industrial and other operations across the UK. It forms a central strand of UK business regulation, created to manage and oversee activities that could pollute the environment or pose risks to human health. Permits place a suite of conditions on the design and build, running and, in due course, closure of a regulated installation, as well as stipulating how regulated activities are undertaken. The main regulators are the Environment Agency (EA) in England, Natural Resources Body for Wales (NRW), the Scottish Environment Protection Agency (SEPA) and the Northern Ireland Environment Agency (NIEA). Local authorities likewise regulate the less polluting processes and sites. The lead government
Environment
PRACTICE NOTES
Introduction
What is groundwater?
In brief, groundwater is water stored beneath the surface. Rainfall gathers and then infiltrates the soil, percolating through soils and rocks into aquifers—layers of porous rock or sediment. The British Geological Survey notes that groundwater supplies around one third of the public water in England and makes an important contribution in Wales and Scotland.
What is groundwater activity
Government guidance explains that a groundwater activity includes:
discharging a pollutant that causes, or could cause, a direct or indirect input to groundwater
any other discharge that may lead to a direct or indirect pollutant input to groundwater
an activity subject to a Schedule 22 notice that has taken effect
an activity, carried out as part of another class of regulated facility, that may cause such a discharge
The guidance further states it is an offence to cause or knowingly permit a
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PRACTICE NOTES
The regulatory regime
In the UK, the release of liquids — including wastewater and effluent — into watercourses is chiefly controlled by environmental permitting and authorisation regimes across England, Northern Ireland, Scotland and Wales, though certain situations may fall outside their scope. For England and Wales, the principal rules on permitting and compliance are contained in the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154. Taking effect on 1 January 2017, EPR 2016 brought together all amendments to the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675. The EPR 2010 had superseded the Water Resources Act 1991 (WRA 1991) provisions on discharge consents and water pollution offences. (EPR 2010 was revoked in May 2024 as part of the Brexit reforms). EPR 2016 spans a range of activities and sectors. In Northern Ireland, the framework sits under the
Environment
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