The Environmental Permitting (England and Wales) Regulations 2016

Interpretation of the Decision Annex for the exercise of relevant functions: general E+W

7.  When interpreting the Decision Annex for the purposes of paragraph 5(3)—

(a) in points 1.1.1 and 1.2, the periods referred to as to be defined or determined by the [F1 appropriate authority] are in each case 2 years,

(b) point 1.1.2(b) is to be read as requiring the SIC code of the process producing the waste to be part of the information referred to,

(c) in point 1.1.2(g), ignore the words “in case of mirror entries”,

(d) ignore the third sentence of section 2,

(e) in points 2.1.2.1, 2.2.2, 2.3.1 and 2.4.1 the table columns headed “L/S = 10 l/kg” must be used to determine limit values,

(f) in the table in point 2.1.2.2, the limit value for PAHs (polycyclic aromatic hydrocarbons) is set at 100mg/kg,

(g) in point 2.2.3, the first reference to “gypsum-based materials” is to be read as “gypsum-based and other high sulphate-bearing materials”,

(h) in point 2.3.3, the first reference to “suitable asbestos waste” is to be read as “suitable materials”, and

(i) in the table in point 2.4.1, the limit values are subject to the qualification that the regulator may include conditions in an environmental permit authorising limit values for specific parameters (other than Dissolved Organic Carbon) up to 3 times higher than those listed for specified wastes accepted at a landfill, taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.

Textual Amendments

F1 Words in Sch. 10 para. 7(a) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 22(2); 2020 c. 1, Sch. 5 para. 1(1)