The Control of Pollution (Applications, Appeals and Registers) Regulations 1996

Consideration and determination of applications

3.—(1) On an application under paragraph 1 above the Secretary of State shall be under a duty, if the requirements of that paragraph and paragraph 2 above are complied with, to consider whether to give the consent applied for, either unconditionally or subject to conditions, or to refuse it.

(2) The conditions subject to which a consent may be given under this paragraph shall be such conditions as the Secretary of State may think fit and, in particular, may include conditions—

(a) as to the places at which the discharges to which the consent relates may be made and as to the design and construction of any outlets for the discharges;

(b) as to the nature, origin, composition, temperature, volume and rate of the discharges and as to the periods during which the discharges may be made;

(c) as to the steps to be taken, in relation to the discharges or by way of subjecting any substance likely to affect the description of matter discharged to treatment or any other process, for minimising the polluting effects of the discharges on any controlled waters;

(d) as to the provision of facilities for taking samples of the matter discharged and, in particular, as to the provision, maintenance and use of manholes, inspection chambers, observation wells and boreholes in connection with the discharges;

(e) as to the provision, maintenance and testing of meters for measuring or recording the volume and rate of the discharges and apparatus for determining the nature, composition and temperature of the discharges;

(f) as to the keeping of records of the nature, origin, composition, temperature, volume and rate of the discharges and, in particular, of records of readings of meters and other recording apparatus provided in accordance with any other condition attached to the consent; and

(g) as to the making of returns and the giving of other information to the Secretary of State about the nature, origin, composition, temperature, volume and rate of the discharges;

and it is hereby declared that a consent may be given under this paragraph subject to different conditions in respect of different periods.

(3) Before determining an application, the Secretary of State may, and shall, if the Agency request him to do so—

(a) cause a local inquiry to be held with respect to the application; or

(b) afford the Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.