First you will need to find out if your proposed activity would be a regulated facility under the Environmental Permitting Regulations (EPR).
A regulated facility can be:
- an installation that carries out an industrial, waste or intensive farming activity listed in Schedule 1 of the Regulations;
- a waste operation that is not carried out at an installation, for example, a waste transfer station;
- a mobile plant carrying out either a Schedule 1 activity or a waste operation, for example, treating waste soils;
- a mining waste operation where extractive waste is managed and which may or may not include a mining waste facility
In practice, your installation or waste operation may carry out a number of regulated activities as part of an overall operation. A permit can cover more than one regulated facility if they are on the same site and if they have the same operator. If there is more than one operator then each will need a permit for their part of it.
Help on understanding what is a regulated facility
The Government's general guidance to us and those we regulate under these regulations is the Environmental Permitting Core Guidance which can be found on the Defra website. The Government also provides guidelines on specific EU directives, see an example: The Government's Guidance on the Integrated Pollution Prevention and Control (IPPC) Directive (PDF, 333KB).
For detailed guidance on understanding the meaning of regulated facility and what is an operator see our regulatory guidance notes:
Is it an installation?
If your proposed activity meets a definition in Part 2 of Schedule 1 of the Environmental Permitting Regulations then it is an installation. The installation, including directly associated activities, constitutes a regulated facility. Part 2 is divided into chapters and subdivided into Part A(1), Part A(2) and Part B activities. We regulate Part A(1) activities and local authorities regulate Part A(2) and Part B activities.
- Chapter 1: Energy: combustion, gasification, liquification and refining activities.
- Chapter 2: Metals: ferrous metals, non-ferrous metals, surface treating metals and plastic materials.
- Chapter 3: Minerals: production of cement and lime, activities involving asbestos, manufacture of glass and glass fibre, other minerals, ceramics.
- Chapter 4: Chemicals: organic, inorganic, fertiliser production, plant health products and biocides, pharmaceutical production, explosives production, manufacturing involving carbon disulphide or ammonia, storage in bulk.
- Chapter 5: Waste management: incineration and co-incineration of waste, landfills, other forms of disposal of waste, recovery of waste, production of fuel from waste.
- Chapter 6: Other: paper, pulp and board manufacture, carbon, tar and bitumen, coating activities, printing and textile treatments, dyestuffs, timber, rubber, food industries, intensive farming.
- Chapter 7: Solvent Emission Directive: where not already prescribed in Chapters 1 to 6.
What to do next
- If you have an installation which concerns Part A(1) activities proceed to our types of permit page.
- If your activity is an installation and concerns Part A(2) or B activities go to our Local Authority Units page to find out what to do next.
- If it is not an installation but may involve a waste, proceed to the section below.
If neither an installation or involving waste then you do not fall under the Environmental Permitting Regulations. If in doubt contact our National Customer Contact Centre on 08708 506 506.
Is it a waste operation?
If you deal with the disposal or recovery of waste and your activity does not match the installation definitions, then the activity may be a waste operation under the Environmental Permitting Regulations.
Examples of waste operations regulated under Environmental Permitting include waste transfer, metal recycling and composting.
It will not be a waste operation requiring a permit under the Regulations if:
- it falls under the Regulations anyway as an installation;
- is an excluded waste operation under Paragraph 4 of Part 1 of the Regulations. Some waste operations are excluded from Environmental Permitting if they already have a permit:
- deposits at sea under the Food and Environmental Protection Act 1985,
- a consent for liquid discharge under the Water Resources Act,
- a Groundwater Regulations authorisation for agricultural waste disposal,
- for the disposal or recovery of sludges which are not to be treated as industrial or commercial waste under the Controlled Waste Regulations 1992
- is an exempt waste operation under Paragraph 5 of Part 1 of the Regulations. Find out more information about waste exemptions from our exemption web pages.
- or is a low risk waste covered by a Regulatory Position Statement which are available on our modernising waste regulation panel page.
What to do next
If your activity is a waste operation regulated facility you are normally regulated by us. If you want to apply for a new permit, please go to our types of permits page:
Further help
If you are still aren’t sure whether you need an Environmental Permit, please contact our National Customer Contact Centre on 08708 506506. If your enquiry is of a technical nature they may pass you to someone in our area offices. Please be aware that the amount of free time we can spend on pre-application is limited. Please familiarise yourself with the relevant guidance before you call us.
Is it a mining waste operation?
If you manage extractive waste, then the activity may be a mining waste operation under EPR.
The Mining Waste Directive (MWD) covers the management of extractive waste. Extractive waste is the waste arising from the prospecting, extraction, treatment and storage of mineral resources and the working of quarries.
Please note: we are working with industry to develop a step-by-step procedure for operators to determine whether the materials they are managing are extractive waste. If having gone through the procedure you confirm you are not managing extractive waste then you will not need an environmental permit, though you may still need a permit for your activities, for example a water discharge consent.
Definition of a mining waste operation
A mining waste operation is defined in EPR as the management of extractive waste that falls within the meaning of Article 2 of the MWD. Article 2(2) of the MWD excludes certain wastes and activities from its scope. These are:
- waste which is generated by the prospecting, extraction and treatment of mineral resources and the working of quarries, but which does not directly result from those operations, for example, food waste and waste oil;
- waste resulting from the offshore prospecting, extraction and treatment of mineral resources: and
- injection of water and re-injection of pumped groundwater where this is covered by the Water Framework Directive.
A mining waste operation may, or may not, include a mining waste facility. A mining waste facility is defined in Article 3(15) of MWD as an area designed for the accumulation or deposit of extractive waste, including heaps, ponds and associated structures such as dams, but excluding voids into which waste is replaced after extraction for the purposes of rehabilitation and construction. The highest risk facilities are classified as Category A mining waste facilities.
An area is only regarded as a mining waste facility if the extractive waste would be kept in it for longer than the following time periods:
- no time period for Category A mining waste facilities and facilities for extractive waste characterised as hazardous in the waste management plan;
- six months for hazardous extractive waste generated unexpectedly;
- a year for non-hazardous non-inert extractive waste;
- three years for inert extractive waste, unpolluted soil, non-hazardous prospecting waste and waste resulting from the extraction, treatment and storage of peat.
An environmental permit is not needed for mining waste facilities mentioned in Article 24(2) MWD; (those that closed before 1 May 2008), and the first paragraph of Article 24(4) (that stopped accepting waste before 1 May 2006) and those facilities that are completing closure procedures and will be effectively closed by 31 December 2010.
The deposit of unpolluted soils, some wastes arising from propsecting mineral resources, and peat workings
All mining waste operations will need an environmental permit. However, we are currently looking at options to allow the deposit of:
- non-hazardous waste generated from the prospecting of mineral resources (except oil and evaporates, other than gypsum and anhydrite); and
- unpolluted soil and waste resulting from the extraction, storage and treatment of peat
to be regulated through a different route, not necessarily involving the permitting framework. If this happens, provided the operator complies with the requirements of Article 4, they will not need an environmental permit.
Until these options are finalised and any necessary change made to the legal framework, management of these materials will be covered by a Regulatory Position Statement which you can read at the link below:
This Regulatory Position Statement was updated in November 2009, to include the deposit of unpolluted soils.
EPR sets out transitional provisions for existing mining waste operations, whether or not they involve existing mining waste facilities. These are summarised below:
| Date |
Actions |
| 7 July 2009 |
Amendment of the Environmental Permitting Regulations to bring mining waste operations into regulation. New mining waste operations must apply for permits. |
| 30 December 2010 |
Last date for applications from operators with existing mining waste operations that do not include an existing mining waste facility. |
| 1 May 2011 |
Last date for applications from operators with existing mining waste facilities. |
| 1 May 2012 |
Deadline for Environment Agency to determine all permits for existing mining waste operations and facilities. |
| 1 May 2014 |
Operators of pre-1 May 2008 Category A mining waste facilities and mining waste facilities for hazardous waste (not category A) must have financial guarantees in place. |
Please note: "Existing mining waste operations" and "existing mining waste facilities", are those that were operational on 1 May 2008.
Both Government Guidance to the Mining Waste Directive and our own technical guidance note for the Mining Waste Directive are still being finalised following consultation. There also remain a number of issues still subject to further interpretation. We have therefore responded to the concerns of industry and will allow more time for operators of sites that become (or became) operational after 1 May 2008, to familiarise themselves with the Regulations and guidance before submitting their permit application.
For this purpose we have extended our deadline for you to submit your applications until 31 January 2010. This decision is covered by a Regulatory Position Statement which you can read at the link below:
What to do next
If your activity is a mining waste operation type of regulated facility, you are regulated by us. If you want to apply for a new permit, please go to our types of permits page:
Further help
If you still aren’t sure whether you need an Environmental Permit, please contact our National Customer Contact Centre on 08708 506506. If your enquiry is of a technical nature they may pass you to someone in our area offices. Please be aware that the amount of free time we can spend on pre-application is limited. Please familiarise yourself with the relevant guidance before you call us.
