Textual Amendments
F1Sch. 9 Pt. 3 inserted (7.4.2019) by The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1227), regs. 2(2), 4(5)
1.—(1) An environmental permit which meets each of the following criteria is subject to conditions A and B—
(a)the permit was granted before 6th April 2008;
(b)the permit does not authorise a waste operation carried on at an installation or by means of a Part B mobile plant; and
(c)the permit does not, immediately before 7th April 2019, contain a condition referring to a management system recorded in writing relating to risks relating to pollution.
(2) Condition A is that the operator must manage and operate the waste operation in accordance with a system (a “written management system”), described in a document or documents, which identifies and minimises the risks of pollution arising from the waste operation, including (but not limited to) those—
(a)arising from operations (including maintenance);
(b)arising from an accident or other incident;
(c)arising from a failure to comply with or from a contravention of the environmental permit in question;
(d)identified following a complaint; or
(e)arising from the closure of the operation.
(3) Condition B is that the operator must—
(a)from time to time, review the written management system and keep it up to date; and
(b)keep a written record of—
(i)activities carried out in accordance with the written management system; and
(ii)any review or update under paragraph (a).
(4) If the regulator varies an environmental permit which meets the criteria in paragraph (1) so as to include a condition referring to a management system recorded in writing relating to risks relating to pollution, this paragraph ceases to apply to that environmental permit.]