GovWire

You must follow all the conditions of your permit. The Environment Agency will check youre complying with your permit and youre continuing to be a competent operator.

They can revoke your permit if they decide youre not a suitable operator.

If you apply to transfer a waste, mining waste or installations permit to another person, the Environment Agency can reject the application if they decide the person is not a competent operator.

Management system for waste activities

If you have a waste permit that was granted before 6 April 2008 that does not require you to have a working plan or management system, you will still need to manage and operate your waste activity in line with a written management system.

The amount of information youll need in your management system will depend on how complicated and risky your activities are.

Your management system must include the risks of pollution from:

• your operations (including maintenance)
• an accident or incident
• failing to comply with, or from a contravention of your environmental permit
• anything identified following a complaint
• closing the operation

You must review your management system regularly. Include records of:

• activities carried out in line with your management system
• any reviews or updates

This does not affect permitted waste operations which are carried out at installations or through part B mobile plant.

Assessments and inspections

Your operation may be checked by the Environment Agency by:

• an assessment - a desk based check of whether youre complying with your permit, for example checking youre sending in required information
• an inspection - where an officer visits your site
• sampling of your permitted water discharge activity or groundwater activity

Inspections are usually unannounced but some might be pre-arranged. Environment Agency staff will look around your site and ask questions about what you are doing. They may ask to see documents or talk to your staff.

Where possible, the Environment Agency will work with other Defra regulators, such as the Rural Payments Agency, to co-ordinate inspections and keep the number of visits you receive to a minimum.

Waste operations, installations, complex flood risk activities and complex water discharges and groundwater activities, like large sewage treatment plants, will definitely be assessed or inspected.

Youre likely to be inspected if you discharge to surface waters or groundwater in a sensitive or vulnerable area, like a groundwater source protection zone.

Other sites may be assessed or inspected if theres:

• a pollution incident at your site, or in your area
• a flood incident at your site (for flood risk activities)
• been a complaint about your activity

The Environment Agency does one compliance check for a flood risk activity permit unless the activity is ongoing. See the environmental permitting charges guidance for more information about how we charge for this.

Read the guidance on how the Environment Agency sets and assesses site-specific discharge quality numeric permit limits to surface water and groundwater.

Compliance Assessment Reports

If Environment Agency staff carry out an assessment, inspection or attend an incident, they will complete a Compliance Assessment Report (CAR) and give you a copy.

The CAR will record anything youre doing that does not comply with your permit and state what you have to do to correct this. For waste and installations this may affect your yearly permit fee (subsistence fee). See the compliance rating guidance for more information.

The Environment Agency uses a standard approach called the Compliance Classification Scheme to classify permit breaches.

Enforcement

The Environment Agency may take action if they suspect youve broken the law, or in some cases if they think youre about to. Their actions might include:

• giving you advice
• changing your permit conditions
• serving you with an enforcement notice, and for flood risk activities a remediation notice, which will state what you have to do to fix problems and by when
• serving you with a suspension notice if theres a risk you might cause pollution - this means you have to stop carrying out your activities
• prosecuting you if they think its in the public interest

Intervention

The Environment Agency can carry out work to address an environmental, flood risk or land drainage problem and recover costs from you if:

• your activity has caused serious pollution
• your activity is creating a risk of serious pollution
• youve deposited waste illegally and not removed it when told to
• youve caused polluting substances to get into a watercourse or the substances are in a place where they are likely to get into a watercourse - or youve knowingly allowed this to happen
• you have carried out any unauthorised works or caused harm to flood risk, land drainage or the environment (for flood risk activities)

Permit reviews

The Environment Agency regularly reviews all the permits granted for a particular sector, to check that they reflect the latest regulations and environmental standards. Youll be told if permits for your sector are being reviewed and what that means for you.

The Environment Agency can also review your individual permit if youre not complying with it. You may have to apply for a change to your permit, or you may get new conditions.

Changes to standard rules permits

If you have a standard rules permit, the Environment Agency can change the conditions of its rule set.

Before the Environment Agency changes a rule set, they will hold a consultation and write to any permit holders who could be affected by the changes.

They will give you 3 months to comply with the new conditions.

Contact

Contact the Environment Agency if you have questions about your permit or how they will regulate you.