Environmental Permitting Charging Scheme & Guidance Scheme effective from April 2014 Version 3 (published December 2015) We are the Environment Agency. We protect and improve the environment and make it a better place for people and wildlife. We operate at the place where environmental change has its greatest impact on people’s lives. We reduce the risks to people and properties from flooding; make sure there is enough water for people and wildlife; protect and improve air, land and water quality and apply the environmental standards within which industry can operate. Acting to reduce climate change and helping people and wildlife adapt to its consequences are at the heart of all that we do. We cannot do this alone. We work closely with a wide range of partners including government, business, local authorities, other agencies, civil society groups and the communities we serve. Main changes to Version 2: - New standard rules permits added (SR2013 No1, SR2014 No2 and SR2014 No4). - Clarification revised on partial surrender of a permit at a low risk site (section 4.5.4). - Integration of Materials Facilities addendum. - Full Unified Charging Framework charge band lists included. - Error and typographical corrections. - Clarity amendments. Changes to Version 3: - Error corrections. Published by: Environment Agency Horizon house, Deanery Road, Bristol BS1 5AH Further copies of this report are available from our publications catalogue: www.gov.uk/government/publications Email: or our National Customer Contact Centre: T: 03708 506506 enquiries@environment-agency.gov.uk Email: enquiries@environment-agency.gov.uk. www.gov.uk/environment-agency © Environment Agency 2015 All rights reserved. This document may be reproduced with prior permission of the Environment Agency. Environmental Permitting Charging Guidance 2014 2 Contents 1. Quick Reference Guide............................................................................................................. 5 1.1. Introduction ........................................................................................................ 5 2. Registrations & EP miscellaneous charges ............................................................................ 7 2.1. Waste Carriers, Brokers and Dealers ................................................................. 7 2.2. Exempt Waste Operations .................................................................................. 8 2.3. International Waste Shipments (IWS) ................................................................. 8 2.4. Waste Electrical and Electronic Equipment (WEEE) ........................................... 8 2.5. Waste Batteries and Accumulators ................................................................... 10 2.6. Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 ................................................................................................................................ 11 3. Background to Regulation and Charging.............................................................................. 12 3.1. Unified Charging Framework (UCF) ................................................................. 12 3.2. Charging Structure ........................................................................................... 15 3.3. Operational Risk Appraisal (Opra) .................................................................... 16 3.4. Scheme surpluses and deficits ......................................................................... 17 3.5. Changes for 2015/16 ........................................................................................ 18 4. What we charge for ................................................................................................................. 19 4.1. Application charge for a new permit.................................................................. 21 4.2. Subsistence charge .......................................................................................... 22 4.3. Variation charge ............................................................................................... 23 4.4. Transfer charge ................................................................................................ 33 4.5. Surrender charge ............................................................................................. 37 4.6. Groundwater assessment (applicable to landfill facilities) ................................. 38 4.7. Independent monitoring charges ...................................................................... 38 4.8. Mobile Plant deployment charge ...................................................................... 38 4.9. Charge for advertising ...................................................................................... 38 4.10. Monitoring and emergency response charges ................................................ 38 4.11. R1 energy recovery activity assessment charge ............................................. 39 5. Permit regimes ........................................................................................................................ 40 5.1. Installations ...................................................................................................... 40 5.2. Waste Facilities ................................................................................................ 46 5.3. Mining Waste ................................................................................................... 56 5.4. Mobile Plant ..................................................................................................... 60 5.5. Groundwater Activities (land spreading) ........................................................... 65 5.6. Water Discharge Activities (WDA) and Groundwater Activities (point source)... 68 5.7. Radioactive Substances Activities .................................................................... 71 Environmental Permitting Charging Guidance 2014 3 6. Payment of charges ................................................................................................................ 78 6.1. Method and terms of payment .......................................................................... 78 6.2. When charges are due ..................................................................................... 79 6.3. Sources of further information .......................................................................... 79 6.4. Contact us ........................................................................................................ 80 7. The Environmental Permitting Charging Scheme 2014 ....................................................... 81 Environmental Permitting Guidance table index: Table 1: Carriers, brokers and dealers charges Table 2: T11 WEEE registration Table 3: International Waste Shipments - notification charges Table 4: WEEE - charges for approvals Table 5: WEEE - annual applications - approval of treatment or export facilities Table 6: Waste Batteries and Accumulators - compliance scheme annual charge Table 7: Waste Batteries and Accumulators - annual application for approval of treatment or export facilities Table 8: UCF charging bands for Waste and Installation permits Table 9: UCF charging bands for all except Waste and Installation permits Table 10: Compliance Classification Scheme - points banding Table 11: What we charge for - Section 4 paragraphs and the charging regimes they apply to Table 12: Administrative variation examples for installations and Waste operations Table 13: Administrative variation examples for Radioactive Substances Activities Table 14: Administrative variation examples for Water Discharge and Groundwater Activities Table 15: Minor technical variation examples for Installations and Waste operations Table 16: Minor technical variation examples for Radioactive Substances Activities Table 17: Variation charges - Installation and Waste – changes to existing facilities. Table 18: Current charging where a permit holder dies or is facing insolvency Table 19: Installations - tier 2 charges Table 20: Installations - tier 2 subsistence charge compliance band adjustment Table 21: Installations - tier 2 standard permits Table 22: Installations - tier 2 bespoke permits Table 23: Installations - tier 3 charges Table 24: Installations - Opra weighting table Table 25: Installations - tier 3 Opra charge multipliers Table 26: Installations - tier 3 subsistence charge compliance band adjustment Table 27: Waste operation landfill sites - Transitional Waste subsistence charges Table 28: Waste - adjacent sites Table 29: Waste landfill adjoining an installation landfill Table 30: Waste - tier 2 charges Table 31: Waste - tier 2 subsistence charge compliance band adjustment Table 32: Waste - tier 2 bespoke permit charge rates Table 33: Waste - tier 2 Standard Permit and Fixed Condition Licence charge rates Table 34: Waste - tier 3 charges Table 35: Waste - Opra weighting table Table 36: Waste - tier 3 Opra charge multipliers Table 37: Waste - tier 3 subsistence charge compliance band adjustment Table 38: Waste - tier 3 Transitional Waste Table subsistence bands Table 39: Mining Waste - tier 2 charges Table 40: Mining Waste tier 2 subsistence charge compliance band adjustment Table 41: Mining Waste - tier 3 charges Table 42: Mining Waste - Opra weighting table Table 43: Mining Waste - Opra charge multipliers Table 44: Mining Waste tier 3 subsistence charge compliance band adjustment Table 45: Mining Waste charges summary Table 46: Mobile Plant - tier 2 deployment charge compliance band adjustment Table 47: Mobile Plant - tier 3 deployment charge compliance band adjustment Table 48: Mobile Plant - tier 2 charges Table 49: Mobile Plant - tier 3 charges Table 50: Mobile Plant - Waste operation - Opra weighting table Table 51: Mobile Plant - tier 3 Opra charge multipliers Table 52: Mobile Plant - charges summary Table 53: Mobile Plant - risk definitions (where differences apply) Table 54: Groundwater Activities - charges Table 55: Groundwater Activities - charges for liquid discharges Table 56: Groundwater Activities - charges for solid discharges Table 57: WDA and Groundwater Activities (point source) charges Table 58: Radioactive Substances Activities - tier 2 permit types Table 59: Radioactive Substances Activities - tier 2 charges Table 60: Radioactive Substances Activities - tier 3 charges Table 61: Radioactive Substances Activities - tier 2 fixed charges for application, variation, transfer and surrender Table 62: Radioactive Substances Activities - tier 2 subsistence charges Table 63: Charges due dates - registrations and EP miscellaneous charges Table 64: Charges due dates - permits (where applicable) Environmental Permitting Charging Guidance 2014 4 7 8 8 9 9 10 10 13 14 17 19 24 25 25 26 27 31 35 42 42 43 44 45 45 45 45 47 48 48 51 51 52 53 54 54 54 54 55 57 57 58 58 58 58 59 61 61 62 62 62 62 63 64 66 67 67 69 72 76 76 77 77 79 79 1. Quick Reference Guide 1.1. Introduction 1.1.1. Purpose of this document This document is a guide to our charges under the Environmental Permitting (EP) Charging Scheme effective from 1 April 2014. It covers the different types of operations that require a permit under the Environmental Permitting Regulations as well as various other charges. It explains the scheme and what charges you will have to pay. It is designed to help both charge payers and our own staff and should be read in conjunction with the scheme itself. 1.1.2. What is covered This document covers various charges including those for activities that require a permit or registration under environmental permitting. This charging scheme now covers the following activities: Installations (formerly activities covered by the PPC regulations); Waste Facilities (ex Waste Management Licensing (WML) activities); Mining Waste; Mobile Plant; Groundwater Activities; Water Discharge Activities (WDA) and Groundwater Activities (point source); Radioactive Substances Activities (RSR); Waste Carriers, Brokers and Dealers; Exempt Waste Operations. Other charges include: International Waste Shipments (IWS); Producer Responsibility – Waste Electrical and Electronic Equipment (WEEE); Producer Responsibility – Waste Batteries and Accumulators; Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008. If you are carrying out other activities permitted by the Environment Agency not listed above you should check our website to see what charges may be applicable. 1.1.3. Structure of this document This Charging Scheme and Guidance covers charges relating to carriers, brokers and dealers of waste, producer responsibility, IWS, waste exemptions and environmental permits. The types of environmental permit vary from those with standard rules to bespoke complex permits covering a wide range of activities such as complex chemical plants, large sewage works and nuclear power stations. This document has been designed to cater for a very wide and diverse audience. To guide readers through the document and to simplify the process of deriving any charges payable, we have split the document into a number of sections. In most cases you will only need to read the relevant section for the activity or type of permit you have, or are applying for. Section 1- Quick reference guide 5 If your permit covers multiple activities then you will need to read all the relevant sections before you will be able to derive your charge. The scheme and guidance is split in to the following sections: Part 2 – Registrations and EP miscellaneous charges These are charges that do not relate to environmental permits: Waste carriers, brokers and dealers; Exempt waste operations; International Waste Shipments; Waste Electrical and Electronic Equipment; Waste Batteries and Accumulators; Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008. Note: there is no charge for Registration of small sewage discharges to surface water and groundwater. Specific advice for these can be found on our web site. If you only have these activities, this section is all you need to derive your charge. Part 3 - Background to Regulation and Charging Provides an introduction covering charging basis, permit structure, risk appraisal and major changes since last year. Part 4 – What we charge for A general outline of our charges. Should be read in conjunction with Part 5, which covers regime specific aspects of the charges. Part 5 - Guidance on our permit regimes Contains sections covering each of the main permit charging regimes and the charges that apply. Part 6 - Payments and Further Information Details on how to pay, sources of relevant further information and tells you how to contact us should you need to do so. 1.1.4. Legal Scheme This document should be read in conjunction with The Environmental Permitting Charging Scheme 2014, the legal scheme that covers all the charging regimes in this guidance. This is the legal instrument that sets our charges. The scheme included as an attachment to this guidance document is an illustrative version of the legal scheme which has been updated to include standard rules which have been published during 2014 /15 and an amendment made to the scheme to include a materials facility charge. 1.1.5. Application forms Permit application forms can be obtained from our website: https://www.gov.uk/government/organisations/environment-agency or as a hard copy by phoning 03708 506506. Section 1- Quick reference guide 6 2. Registrations & EP miscellaneous charges These are charges that do not relate to environmental permits. This part covers: Waste carriers, brokers and dealers; Exempt waste operations; International Waste Shipments (IWS); Producer Responsibility – Waste Electrical and Electronic Equipment (WEEE); Producer Responsibility – Waste Batteries and Accumulators; Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 . Note: there is no charge for Registration of small sewage discharges to surface water and groundwater. If you only have these activities then this section covers all you need to derive your charge. Details of payment arrangements are given in Part 6. 2.1. Waste Carriers, Brokers and Dealers What we charge for: Registration and renewal charges for upper tier registrations If you are a carrier, broker or dealer of controlled waste you need to register with us. Charges apply for upper tier registrations and renewals. Copy cards A copy of the identification card proving scheme membership is £5 per card for new, additional or replacement copies. This is charged separately to the charging scheme. Table 1: Carriers, brokers and dealers charges Carriers & Brokers Register as an upper tier carrier/dealer Register as an upper tier broker/dealer Register as an upper tier carrier/broker/dealer Add a registration type to an upper tier registration Renewal of an upper tier registration Certificate copy cards Lower tier registrations Charge £154 £154 £154 £40 £105 £5 Free Further information for carriers and brokers can be found on our website at: https://www.gov.uk/waste-carrier-or-broker-registration Section 2 – Registrations and EP miscellaneous charges 7 2.2. Exempt Waste Operations What we charge for: Renewal charge Exempt waste operations do not have to pay subsistence charges. Instead there is a charge for applying to renew your registration. Table 2: T11 WEEE registration Exemption Registration charge (payable every three years) T11 WEEE £840 Further information on exemptions can be found on our website at: Waste exemption: T11 repairing or refurbishing waste electrical and electronic equipment (WEEE) - Detailed guidance - GOV.UK (T11) Waste exemptions: disposing of waste - GOV.UK (Waste exemption main page) 2.3. International Waste Shipments (IWS) The Transfrontier Shipment of Waste Regulations require a company to pay a charge at the same time as providing a notification for the proposed international shipment of waste. The charge is dependent on: whether the waste is being imported or exported to/from England or Wales; the purpose of the shipment, whether it is for recovery or disposal; the band into which the number of shipments included in the notification falls. The charges relating to the notification type and proposed number of shipments is defined in Table 3. Table 3: International Waste Shipments - notification charges Shipments Activity 1 Export for recovery £1,450 £1,450 £2,700 £4,070 2 to 5 6 to 20 21 to 100 101 to 500 500 + £7,920 £14,380 Export for non interim disposal £1,540 £1,540 £3,330 £5,500 £10,600 £19,500 Export for interim disposal £1,700 £1,700 £3,330 £6,000 £12,900 £24,000 Import for non interim recovery £1,250 £1,250 £2,700 £4,900 £10,600 £19,500 Import for interim recovery £1,450 £1,450 £2,830 £5,500 £12,900 £24,000 Import for non-interim disposal £1,540 £1,540 £3,330 £5,500 £10,600 £19,500 Import for interim disposal £12,900 £24,000 £1,700 £1,700 £3,330 £6,000 2.4. Waste Electrical and Electronic Equipment (WEEE) 2.4.1. Compliance scheme operators The Waste Electrical & Electronic Equipment Regulations require companies that wish to operate a compliance scheme to make an application to the Environment Agency. Recent changes to the Regulations mean there is no longer a three year cycle for applications. Only applications for new compliance schemes will be required. The application charge is £12,150. Section 2 – Registrations and EP miscellaneous charges 8 The annual (subsistence) charge for operating a compliance scheme under these regulations is calculated from Table 4. The total charge is the sum of the charges for each member in each charge band in Table 4. Table 4: WEEE - charges for approvals Charge band Charge Band A (>£1m turnover) Charge Band B (£1m turnover or less and required to be VAT register) Charge Band C (not required to be VAT registered) Charge Band D (not required to be VAT registered), overseas company Charge £445 £210 £30 £30 For example; a compliance scheme with 4 companies in charge band A, 5 companies in charge band B, and 10 companies in charge band C will pay a total charge of: A B C D Number of companies Charge/company Total charge for element 4 5 10 0 £445 £210 £30 £30 Total charge £1,780 £1,050 £300 £0 £3,130 Treatment or export facility operators The annual application charges for the operation of a treatment or export facility are given in Table 5. Note that there is a charge of £110 for each additional site that an operator wishes to include on the annual application. Table 5: WEEE - annual applications - approval of treatment or export facilities Charge Large treatment operator (1) £2,570 Small treatment operator (2) £500 Large export operator (1) £2,570 Small export operator (2) £500 Additional charge – where small treatment operator or small export operator exceeds its undertaking (3) £2,070 Extension of approval of exporter – each additional site £110 (1) “large treatment operator” or “large export operator” means an operator who is not a small treatment operator or small export operator; (2) “small treatment operator” or “small export operator” means an operator who has undertaken not to issue evidence notes for more than 400 tonnes of WEEE in the year in which the relevant charge is payable; (3) Payable where a small treatment operator or small export operator exceeds its undertaking not to issue evidence notes on more than 400 tonnes of WEEE. Section 2 – Registrations and EP miscellaneous charges 9 2.5. Waste Batteries and Accumulators 2.5.1. Battery producers and compliance scheme operators The Waste Batteries and Accumulators Regulations require producers of portable batteries to either register directly with the Environment Agency (small producers) or join a Battery Compliance Scheme (BCS) (large producers). Small producers of batteries Small producers are those that place one tonne or less of portable batteries per year on the UK market and must register directly with the Environment Agency and pay an annual fee to the Environment Agency of £30. Large producers of batteries Large producers are those that place more than one tonne of portable batteries per year on the UK market and must join a BCS. Large producers do not pay a fee directly to the Environment Agency. They may be charged an annual membership fee by the BCS they join. Each BCS must pay the Environment Agency £600 for each member they have. Battery Compliance Scheme operators Any company that wishes to operate a BCS must make an application to the Environment Agency. The charge for the assessment of this application is £17,000. The annual charge for operating a BCS under these regulations is calculated from Table 6. The total charge is the annual subsistence charge plus the sum of the charges for each large battery producer member of the scheme. Table 6: Waste Batteries and Accumulators - compliance scheme annual charge Charge Annual subsistence charge for operating a battery compliance scheme £90,000 Plus charge for each member of the battery compliance scheme £600 For example; a BCS with 40 members will pay a charge of £90,000 + £600 x 40 = £114,000. 2.5.2. Battery treatment operators and battery exporters The annual application charges for the operation of a treatment or export facility are given in Table 7. Note that there is a charge of £110 for each additional site that an operator wishes to include on the annual application. Table 7: Waste Batteries and Accumulators - annual application for approval of treatment or export facilities Item Charge Large Battery Treatment Operator (1) £2,570 Small Battery Treatment Operator (2) £500 Large Battery Exporter (1) £2,570 Small Battery Exporter (2) £500 Additional charge - where small battery treatment operator or exporter exceeds its undertaking (3) £2,070 Extension of approval of exporter – each additional site £110 (1) “large battery treatment operator” or “battery exporter” means an operator who is not a small battery treatment operator or small battery exporter; Section 2 – Registrations and EP miscellaneous charges 10 (2) “small battery treatment operator” or “small battery exporter” means an operator who has undertaken to issue no more than 15 tonnes of waste portable battery evidence notes and to accept no more than 150 tonnes of waste automotive and industrial batteries in the year in which the relevant charge is payable; (3) Payable where a small battery treatment operator or small battery exporter exceeds its undertaking not to issue more than 15 tonnes of waste portable battery evidence notes or to accept more than 150 tonnes of waste automotive and industrial batteries. 2.6. Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 Under these Regulations the Environment Agency is the competent authority in England and Wales for the transfrontier shipment of radioactive waste or spent fuel. In certain circumstances we are responsible for determining applications for authorisation of a shipment. In other cases we are requested by another member state of the European Community to consent to a shipment. The Environment Act allows us to recover our costs in carrying out our functions under these Regulations. Our charges are based on actual time spent and costs incurred (rather than fixed charges) for work relating to authorisations and consents under the Regulations. The hourly rate is £125. This includes an allowance for staff whose time is not recorded for charging purposes. These include support staff, as well as those involved in policy support, provision of legal advice and other technical support. The rate also allows for other relevant costs and includes accommodation, IT support systems, health and safety, production of advice, financial services and other support costs. We will invoice applicants/intended recipients of authorisations and consents for the appropriate charge. Section 2 – Registrations and EP miscellaneous charges 11 3. Background to Regulation and Charging This section explains the links between our approach to better regulation which aims to make our regulation proportionate, our Operational Risk Appraisal scheme (Opra) and our risk based approach to charging (Unified Charging Framework). Our objective is to make the level of regulatory effort proportionate to the environmental risk of the permitted activity, and for this to be reflected in our charges. In this way, well managed/low hazard activities present less of a risk and are charged less, with higher risk activities being charged more. Through our charging scheme we look to encourage good environmental performance and meet the objective of cost reflectivity, where the level of charge reflects the level of regulatory effort. We have included in this section an overview of the different “Tiers” of regulation we use, how this links to Opra, our risk assessment approach and how these combine to derive the charges payable. It is designed to help the reader gain a broader understanding of our charging framework. It is also designed to help you work through the principles before applying it in any specific case. 3.1. Unified Charging Framework (UCF) We have developed the Unified Charging Framework (UCF) as a common charging structure, built on the same three permitting tiers used in Better Regulation and Opra. Charges within this Environmental Permitting Charging Scheme fit within this generic UCF Framework. Over time we will look to migrate many of our other charging schemes into this generic framework. Currently tier 1 is not used for any charges within the EPR Charging Scheme, so is not addressed further in this document. Activities falling under tier 2 are placed in one of a number of bands using Opra principles. Under UCF each of these is assigned a charge reflecting the level of regulatory effort they require. The annual subsistence charge may also be subject to an adjustment based upon a compliance rating. Tier 2 charges generally apply to permits subject to standard conditions and a specific group of lower risk bespoke permits. Table 8 and Table 9 (following pages) contain the tier 2 charge codes and charge bands for Application, Subsistence, Variation, Transfer and Surrender charges. Tier 3 activities relate to bespoke permits and the charges are generally calculated from a full Opra profile for that permit type (or in the case of tier 3 Radioactive Substance Activities, charged on a time and materials basis). The actual charge is calculated by using the relevant charge multiplier. This is the case for most application, subsistence, normal and substantial variation, full and partial surrender charges. There are also a number of fixed charges that may apply to tier 3 bespoke permits such as for a minor technical variation or low risk surrender. Section 3 – Background to regulation and charging 12 Table 8: UCF charging bands for Waste and Installation permits Application UCF band identifier S001A (W) S015A (W) S020A (W) S030A (W) S035A (W) S038A (W) S040A (W) S050A (W) S060A (W) S070A (W) S071A (W) S080A (W) S090A (W) S100A (W) S120A (W) S300A (W) S330A (W) Charge £0 £113 £205 £400 £510 £620 £720 £980 £1,630 £1,950 £2,050 £2,640 £2,960 £3,750 £7,380 £12,480 £17,460 Variation UCF band identifier S001V (W) S010V (W) S020V (W) S030V (W) S040V (W) S050V (W) S060V (W) S070V (W) S080V (W) Charge £0 £143 £380 £540 £980 £1,960 £2,460 £3,910 £5,110 Transfer UCF band identifier S001T (W) S010T (W) S020T (W) S030T (W) S035T (W) S040T (W) S050T (W) S060T (W) S070T (W) Section 3 – Background to regulation and charging Charge £0 £123 £380 £540 £720 £980 £2,000 £4,980 £7,470 Surrender UCF band identifier S001S (W) S020S (W) S030S (W) S040S (W) S045S (W) S050S (W) S060S (W) S070S (W) S080S (W) Charge £0 £128 £380 £540 £1,540 £2,540 £3,590 £5,650 £6,650 Subsistence UCF band identifier S001C (W) S005C (W) S010C (W) S015C (W) S020C (W) S030C (W) S031C (W) S035C (W) S040C (W) S045C (W) S047C (W) S050C (W) S055C (W) S060C (W) S070C (W) S074C (W) S078C (W) S080C (W) S085C (W) S090C (W) S100C (W) S105C (W) S110C (W) S120C (W) S130C (W) S140C (W) S150C (W) S155C (W) S160C (W) S175C (W) S300C (W) S310C (W) S320C (W) S340C (W) S360C (W) S500C (W) 13 Charge £0 £31 £46 £79 £99 £156 £158 £216 £310 £410 £460 £520 £620 £780 £1,000 £1,280 £1,490 £1,580 £1,750 £2,040 £2,490 £2,770 £2,910 £3,420 £3,940 £4,180 £5,030 £5,650 £6,160 £8,130 £10,890 £13,250 £14,770 £20,030 £24,650 £92,430 Table 9: UCF charging bands for all except Waste and Installation permits Application UCF band identifier S001A S015A S020A S030A S035A S038A S040A S050A S060A S070A S071A S080A S090A S100A S120A S300A S330A Charge £0 £110 £200 £390 £500 £600 £700 £950 £1,590 £1,900 £2,000 £2,570 £2,880 £3,650 £7,190 £12,150 £17,000 Variation UCF band identifier S001V S010V S020V S030V S040V S050V S060V S070V S080V Charge £0 £139 £370 £530 £950 £1,910 £2,400 £3,810 £4,980 Transfer UCF band identifier S001T S010T S020T S030T S035T S040T S050T S060T S070T Section 3 – Background to regulation and charging Charge £0 £120 £370 £530 £700 £950 £1,950 £4,850 £7,270 Surrender UCF band identifier S001S S020S S030S S040S S045S S050S S060S S070S S080S Charge £0 £125 £370 £530 £1,500 £2,470 £3,500 £5,500 £6,480 Subsistence UCF band identifier S001C S005C S010C S015C S020C S030C S031C S035C S040C S045C S047C S050C S055C S060C S070C S074C S078C S080C S085C S090C S100C S105C S110C S120C S130C S140C S150C S155C S160C S175C S300C S310C S320C S340C S360C S500C 14 Charge £0 £30 £45 £76.95 £96 £152 £153.90 £210 £300 £400 £445 £510 £600 £760 £970 £1,250 £1,450 £1,540 £1,700 £1,990 £2,420 £2,700 £2,830 £3,330 £3,840 £4,070 £4,900 £5,500 £6,000 £7,920 £10,600 £12,900 £14,380 £19,500 £24,000 £90,000 3.1.1. Charges falling outside of UCF For a range of historic and other reasons the EP Charges Scheme contains charges that do not wholly reflect UCF charging arrangements, these include: Notifiable exemptions which are fixed charges but do not relate to permits. These are in transition and will expire in time. The following fixed charges do not relate to permits: IWS, WEEE, Waste Batteries and Accumulators, as well as charges under Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008; Subsistence charges for tier 3 bespoke Waste and Mining Waste permits: the Charges Scheme continues to use the tables of waste charges from earlier Waste Management Licensing Schemes. These fixed charges are modified by the relevant compliance rating. It is envisaged that in time these charges will be removed and bespoke waste permits will have charges based (wholly) upon their Opra profile; Charges for tier 3 Radioactive Substances Activities on nuclear licensed sites and all radioactive substances facilities permitted to receive low level radioactive waste for disposal into land at the facility, where charges are on a time and materials basis; Water Discharge Activities and Groundwater Activities (point source), (formerly Charges for Discharges), where for the time being we are continuing to use our existing basis of charging. 3.2. Charging Structure The activities covered by a registration or permit vary in the amount of risk they pose to the environment. The higher the level of risk, the more regulation the activity requires. Our Better Regulation approach is designed to reflect this. We divide the level of risk and required regulation into three tiers. The higher the regulatory effort the higher the charging tier it is placed in. Tier 1 Tier 1 covers low risk activity that needs registration. As they are low risk, such registrations are issued automatically on request. Currently tier 1 is not used for any charges within the EP Charging Scheme. Tier 2 Here the level of risk presented by carrying out the activity is generally higher than for automatically issued registrations. Facilities falling into tier 2 are: Registrations (where we need to decide whether to accept the registration); Standard Rule permits; Fixed Condition licences (bespoke conditions, no new applications); Some lower risk Waste operations (bespoke conditions); Some lower risk Installations (bespoke conditions); Some Mining Waste operations (bespoke conditions); Some Mobile Plant operations; Some Radioactive Substances Activities; The majority of Groundwater Activities for land spreading discharges. Section 3 – Background to regulation and charging 15 Tier 3 Tier 3 covers facilities requiring more detailed and individually tailored bespoke permits. Tier 3 permits include the following: Some Installations; Some Waste operations; Some Mining Waste operations; Some Mobile Plant operations; Radioactive Substances Activities on nuclear licensed sites and all radioactive substances facilities permitted to receive low level radioactive waste for disposal into land at the facility. 3.3. Operational Risk Appraisal (Opra) To ensure that we look after the environment we need to be able to put more of our effort into the higher risk and poorly performing sites. Opra is a risk assessment tool that helps us do this. Opra provides an objective and consistent assessment of the environmental risk of operating a regulated facility. The respective charging regime sections will tell you if and how Opra applies. Some permits are not subject to Opra. The Opra scheme is based around the following attributes: Complexity; Emissions; Location; Operator Performance; Compliance Rating. Each attribute is allocated one or more lettered bands, from which a score is derived from the weighting tables that can be found in the respective charging regime sections. Compliance Rating/Compliance Classification Scheme A key element of Opra is to link regulatory effort to how well permit conditions are complied with. For tier 2 and tier 3 we use the Compliance Rating approach to modify our regulatory effort. Scores calculated through the Compliance Classification Scheme (CCS) are used to determine a lettered band from which an adjustment percentage is derived and applied to the subsistence charge. We calculate your compliance rating each year after your permit has been issued. We have adopted a standard approach to classify permit breaches known as the Compliance Classification Scheme (CCS). The compliance rating is based on CCS events over the course of a calendar year. Non-compliances identified and recorded in 2014 are used to derive a compliance rating for 2015/16 Opra profiles. We may also take into account relevant civil sanctions that we issue as enforcement responses. If you receive a civil sanction, this may influence the Operator Performance attribute of your Opra profile. Some types of permit are not subject to a subsistence compliance adjustment. The individual charging regime sections will state whether a compliance adjustment applies. Section 3 – Background to regulation and charging 16 Converting CCS points into an Opra band We categorise permit breaches and use a points system where more serious beaches score a greater number of points. We then add the points from each event to give an annual total of non-compliance points. We allocate points based on the relative amount of additional work we usually have to do while dealing with different types of permit breach. For Category 1 breaches some of our costs are recovered through subsequent legal action, for example costs allocated following prosecution. We took all of this into account when we calculated the points per breach score. CCS category - points per breach: Category 1 - 60 Category 2 - 31 Category 3 - 4 Category 4 - 0.1 We total the points for each non-compliance over a calendar year and convert the annual total into an Opra band. The respective permit sections will tell you the affect each band has on the subsistence charge. Table 10: Compliance Classification Scheme - points banding Opra band A CCS points 0 B C D E F 0.1-10 10.1-30 30.1-60 60.1-149.9 150 plus Opra Compliance Band F Opra compliance rating band F indicates situations where operators have the poorest level of compliance. Waste facilities and Installations which have 150 CCS non-compliance points or more in a calendar year will see their annual subsistence charge adjusted to a rate equivalent to 300% of the base charge. We obviously want those operators with a Band F compliance rating to improve their performance. Each year we will carry out a review at the mid-point of the following compliance period (i.e. as at 30 June). If, after the first six months of the following compliance year, operational staff consider there has been a significant improvement in compliance with permit requirements and the compliance performance has improved to the extent that the mid-point score is less than 50 points, an adjustment may be made to the second half-year charge to bring it into line with a Band E performance (equivalent to 150% of the base charge). Further information on Opra More details on the Opra scheme can be found at the following link: https://www.gov.uk/government/collections/operational-risk-appraisal-opra 3.4. Scheme surpluses and deficits We have an obligation under the Environment Act 1995 to ensure that our charges are cost reflective. We do this by calculating the charges we consider we will need to raise in the forthcoming financial year. There is no certainty over how many operators might stop operating specific sites or how many new operations might start and so it is inevitable that at the end of each financial year there will be a surplus or deficit in relation to each sector. The Environment Act requires, in relation to all our charging schemes, that our charges are cost reflective taking one year with another. Thus there is a legal obligation on us to make good any surplus or deficit in relation to that particular scheme in subsequent years by adjusting the charges due under that scheme in subsequent years. We adjust the charging scheme in a reasonable time. Section 3 – Background to regulation and charging 17 3.5. Changes for 2015/16 This document has only been amended in respect of clarity and typography issues and the addition of new standard permits. In all other respects it is a carried forward version of the Environmental Permitting Charging Scheme & Guidance effective from April 2014. We have decided not to seek approval to our proposed charges increases for 2015/16 and already billed charges for 2015/16 at the rates used in 2014/15. Section 3 – Background to regulation and charging 18 4. What we charge for This section outlines the charges we make and why we charge. The following table tells you which charges apply to a particular charging regime. Information relevant to multiple charging regimes appears in this section. You should also read regime specific information contained in the page numbers listed at the bottom of Table 11 on the following page. Table 11: What we charge for - Section 4 paragraphs and the charging regimes they apply to * Radioactive Substances Tier 3 Radioactive Substances Tier 2 WDA and Groundwater (point source) Groundwater (land spreading) Mobile Plant Section 4 – What we charge for Mining Waste Application charge for a new permit Application for multiple facilities Application amendments Standard rules permits pre-application risk assessment Staged procedure Subsistence charge Compliance adjustment Subsistence invoice issue date Permit issued in the course of a year Revocation, surrender, transfer and changes to permits Charge where construction or operation has not yet started EPR assurance scheme Variation charge Administrative only change Minor technical change Normal variation Substantial variation Waste 4.1 4.1.1 4.1.2 4.1.3 4.1.4 4.2 4.2.1 4.2.2 4.2.3 4.2.4 4.2.5 4.2.6 4.3 4.3.1 4.3.2 4.3.3 4.3.4 Installations Section No Section name * * * * * * * * 19 4.3.6 4.3.7 4.3.8 4.3.9 4.3.10 4.3.11 4.3.12 4.4 4.4.1 4.4.2 4.4.3 4.4.4 4.5 4.5.1 4.5.2 4.5.3 4.5.4 4.6 4.7 4.8 4.9 4.10 4.11 * Variation to add/remove a facility More than one permit holder for an installation Change to financial provision Closing a landfill Re-opening of a closed inert landfill Consolidation of permits Variations to permit type Transfer charge Transferring more than one facility as part of a single permit Transferring a permit where the management is the same Transfer of permits and compliance rating Death or insolvency of a permit holder Surrender charge Removing a regulated facility (with associated land) Reducing the area of land Surrender charge where operations have not yet commenced Surrendering a permit for a low risk site Groundwater assessment Independent monitoring charges Mobile Plant deployment charge Charge for advertising Monitoring and emergency response charges R1 energy recovery activity assessment charge Please see regime specific charge section page numbers: Section 4 – What we charge for 40-45 46-55 56-59 Radioactive Substances Tier 3 Radioactive Substances Tier 2 Permits with multiple regulated facilities WDA and Groundwater (point source) Groundwater (land spreading) 4.3.5 Mobile Plant Mining Waste Waste Installations Section No Section name * * * * 60-64 65-67 68-70 71-77 71-77 20 Pre-application advice (For all permits except Tier 3 Radioactive Substances Activities, groundwater and water discharge activity charging regimes) Please look at our guidance and talk to us before you apply. This will help you get your application right first time and help us make a decision more quickly. Pre-application advice is available for new permit, variation, transfer and surrender applications. If your application relates to a bespoke permit we offer up to 15 hours of advice on how to prepare your application. If your charge is Opra based we can help you calculate this. If your application relates to a standard permit, or a deployment notification under mobile plant, we can give you up to one hour of advice. If you need more help we can give you this at a charge of £125 per hour (this cost is levied under our general powers in the Environment Act 1995 to charge for services provided). Pre-application advice for groundwater and water discharge activities Minimal pre-application advice can be provided because no charge is currently levied. 4.1. Application charge for a new permit This section covers general application charge information. Additional information specific to a particular charging regime and application charge rates is contained in the regime sections. Table 11 outlines which charging regimes sub sections apply to. This section does not apply to Tier 3 Radioactive Substances Activities. You have to pay an application charge when you apply for a new permit. The payment must be submitted with the application. However, you can submit your application and pay by credit card. If you do this, we will contact you to obtain your credit card details. 4.1.1. Application for multiple facilities If the permit you are applying for covers more than one type of regulated facility, the charge you have to pay is the sum of all the individual application charges for each facility covered. 4.1.2. Application amendments If you want to amend an application, before it has been determined, in a way that will require further public consultation (for example, if there is a change to the proposed operator) then you have to pay £1,930. If the Opra score increases, the application charge will be amended to reflect the revised score, where applicable. 4.1.3. Standard rules permits pre-application risk assessment (Not applicable to water discharge or groundwater activities) There is a provision in the scheme where a person can request approval to treat a regulated facility as a standard facility, subject to a specific risk assessment for which the charge is £350. This provision is for situations where proposed activities meet all requirements of the particular standard rules and risk assessment except for certain prescribed location requirements (e.g. they are within the defined distance of environmentally sensitive areas). Currently this only applies to a limited number of standard rule sets in relation to some conservation criteria. It does not apply to all location criteria. For those prescribed criteria, details of which will be published on our website, we have a simple site specific risk assessment to assess the significance of being within the defined distance of the standard permit being applied for. If you think your application meets these criteria, speak to your local Environment Agency officer. We will confirm whether you are eligible and, if you are, you will be able to submit the additional risk assessment along with the £350 payment at the same time as your standard rules permit application. Section 4 – What we charge for 21 If it was deemed that the risk meant that we needed to look at the application in more detail through a tier 3 charge permit application, then you may deduct the amount of £350 from the tier 3 application charge. 4.1.4. Staged procedure We may agree that you can submit pre-application information in a number of stages in certain circumstances, such as: a major facility where development and commissioning may be spread over a number of phases or over a reasonable period of time; where the facility is particularly complex; where you wish to reduce possible business risks by detailed consultation with us and the public. In such cases, you will be invoiced for the costs of our time and materials for each stage of information submitted. The rate is £125 per hour. If you wish to apply for a permit based on the staged procedure you should contact your local area office to discuss arrangements. 4.2. Subsistence charge This section covers general subsistence charge information. Additional information specific to a particular charging regime and subsistence charge rates is contained in the regime sections. Table 11 outlines which charging regimes sub sections apply to. The subsistence section does not apply to Mobile Plant, where deployment charges apply (see section 5.4) or tier 3 Radioactive Substances Activities (charged on a time and materials basis - see section 5.7). We recover all the costs we incur in the ongoing regulation of a facility through annual subsistence charges payable for any full or part financial year during which a permit is in force (this includes where activities allowed by the permit have been suspended). Subsistence charges for facilities will always be in the same tier of charge as the application charge. 4.2.1. Compliance adjustment Some subsistence charges are adjusted by the compliance rating band of the respective facility; the exceptions to this are permits covering accredited farming installations, groundwater activities, water discharge and Radioactive Substances Activities. The compliance band you fall into is determined by your Compliance Classification Scheme score accumulated over the previous calendar year. A good compliance record means you will pay a lower subsistence charge than if you have a poor compliance record. 4.2.2. Subsistence invoice issue date In most cases you will be sent an invoice at the beginning of April. Our charging year runs from April to March the following year. Please see individual regime sections for exceptions. 4.2.3. Permit issued in the course of a year Where you receive a new permit in the course of a year, we will send you a pro rata invoice from the date of the new permit to cover the remaining part of that financial year. For subsequent years we will normally issue an invoice at the beginning of April for the full financial year. For Standard Permits, a default charge will apply - see respective charging regime for details. 4.2.4. Effect of revocation, surrender, transfer and permit variations If we revoke or you surrender, transfer or make a variation to your permit after the date the subsistence charge is due, we will adjust the charge pro rata so that it ends/alters on the day the change takes effect. If you have paid in full and the change puts your account into credit we will refund you. Section 4 – What we charge for 22 Where a landfill moves from tier 3, schedule 3, Table 3A to tier 3 schedule 3, Table 4 there is no variation of the permit and the charge adjustment will take effect from the beginning of the following financial year. The conditions where this applies can be found in Schedule 3, Table 4 of the charging scheme. 4.2.5. Subsistence charge where construction has not commenced For a regulated facility, where no works or construction of any kind authorised by the permit have commenced, the subsistence charge becomes payable two years from the date the permit was granted. Thereafter the subsistence charge shall be the lower of £3,190, or the subsistence charge which would otherwise be payable. 4.2.6. EPR assurance scheme Subsistence charge concessions apply to facilities who are participating in trials or who are members of an EPR assurance scheme and apply where: a regulated facility has participated to the satisfaction of the Environment Agency in the trial of an EPR Assurance Scheme being developed by the Environment Agency. Participants will receive a 10% reduction against the subsistence fee in the financial year following start of the trial. If the trial exceeds 12 months the concession will apply until the financial year following the end of the trial; or apply where: a regulated facility has been authorised by the Environment Agency to be a member of an Environment Agency approved designated EPR Assurance Scheme published by the Environment Agency. Participants will receive a 10% reduction against the subsistence charge in the financial year following authorisation and each subsequent financial year they are members of the Assurance Scheme. 4.3. Variation charge This section covers general variation charge information. Additional information specific to a particular charging regime and application charge rates is contained in the regime sections. Table 11 outlines charging regimes sub sections apply to. This section does not apply to tier 3 Radioactive Substances Activities. If you apply to vary your permit, or if we decide to vary your permit, you have to pay a variation charge, unless: the change is administrative only; the change is a request for a Fixed Condition Licence to become a standard rules permit of the same type; or we decide to vary a permit which relates to a specified water activity. Depending on the change to the permit and the permit regime, you can apply for: an administrative only change (free of charge); a minor technical change; a normal variation; a substantial variation (applies to Installations or Mining Waste facilities); conversion of a bespoke permit to become a standard permit. Your application to vary can include any combination of the above variation categories. Section 4 – What we charge for 23 For permits with an Opra based charge, an Opra profile will need to be submitted with the application. If your permit covers more than one regulated facility and you want to vary the permit, the charge is the sum of the individual variation charges for the facilities being varied. This is explained further in the following pages. Sections 4.3.1 to 4.3.10 cover variations to a permit Section 4.3.11 covers permit consolidation Section 4.3.12 covers changes to the type of regulated facility 4.3.1. Administrative only change Variations that are administrative only as opposed to any change that requires assessment by us are free. A variation which the Environment Agency decides requires any technical assessment or consultation is not an administrative-only variation. Tables 12 to 14 provide examples of administrative variations for the charging regimes covered by this guidance but should not be considered an exhaustive list. Table 12: Administrative variation examples for installations and Waste operations 1 Correction of errors in the permit such as name and address or grid reference, including name and address changes where there has been no change in legal entity. 2 Modifications due to changes in the legislation which prohibit the acceptance of a waste previously permitted by the permit. 3 Reduction of permitted volumes to a lower level. 4 Changes solely to the list of wastes the facility is permitted to accept, provided the change would not alter the nature of the facility’s operation or increase the environmental risk posed. We will accept up to 15 waste type changes in one variation application as an administrative change, except for permanent deposit of waste to land for recovery. (Adding new waste types to a land recovery permit is not an administrative variation.) It will be at our discretion whether we accept more than one administration variation request in a 12 month period to amend waste types. 5 Increasing the permitted area (only) of a standard facility which involves a change to the plan provided by the applicant. 6 Changing a fixed condition licence to a permitted facility subject to standard rules (this can also include increasing the area of permitted land). 7 Removing an emission point as the result of the removal of an item of plant providing the removal of the plant does not require technical assessment. 8 An improvement condition response requiring revised improvement conditions where the assessments were carried out at the time of the permit determination. 9 Changing or setting limits following improvement conditions or other information assessments which were carried out at the time of the permit determination. 10 Changing reporting requirements where it is a result of examples 7, 8, or 9 above. 11 An application to vary a standard permit to a different standard permit where the new permit covers the same activity or activities but on a smaller scale, and the operator meets the requirements of the new standard rules. Section 4 – What we charge for 24 Table 13: Administrative variation examples for Radioactive Substances Activities 1 Correction of errors in the permit such as name and address or grid reference, including name and address changes where there has been no change in legal entity. 2 A reduction in the amount of activity of any radionuclide listed in a permit to hold sealed or open sources. 3 A reduction in any disposal or accumulation activity, time, or volume limit in a tier 2 permit authorising the disposal of radioactive waste. 4 The deletion of one or more disposal routes from a tier 2 permit. 5 Increasing the permitted area (only) of a facility which involves a change to the plan provided by the applicant. 6 An increase of not more than 10% in any open source holding limit where the variation is made by notice and there is no permit consolidation. 7 Consolidation of an RSA93 open source registration and a RSA93 authorisation solely for the purposes of its transfer to another operator. 8 Consolidation of an RSA93 sealed source registration and an RSA93 mobile sealed source registration solely for the purposes of its transfer to another operator. 9 Changing a fixed condition registration to a facility subject to standard rules. Table 14: Administrative variation examples for Water Discharge and Groundwater Activities 1 Correction of errors in the permit such as name and address or grid reference, including name and address changes where there has been no change in legal entity. 2 Change to start date of a permit or limit(s) coming into effect if the delay has already been approved with our WQ Planners (AMP scheme) or National Permitting Service (all other cases). Permits cannot be retained without a discharge starting for an extended period of time unless outside the control of the operator. It is not acceptable to retain a permit to retain capacity in a receiving water. 3 Discharge outlet or sample point NGR corrections and changes where a change of NGR to improve the accuracy of an old NGR – i.e. changing 8 fig NGR to 12 fig NGR (not just adding 00s). 4 Discharge outlet or sample point NGR corrections and changes where a change of NGR is just to reflect the situation on the ground as long as the application was determined with it in the correct place so that the 'change' is only in effect a typo correction. 5 Real changes in outlet or sample point location will be acceptable as an admin variation as long as the change is within 10m of the existing location (i.e. only changing the last digit in SK 12345 67890 - and such a move is not considered new. It is considered a ‘new’ discharge if, for example, it is to a different side of a breakwater, or to another watercourse (even if there is greater dilution) or to a different water body. For groundwater it is considered a new location if it requires a new ‘prior examination’ e.g. not same soil type or underlying aquifer etc. The change in NGR must also not pick up any new SSSI /SPZ1, not be within 50m of a potable supply, or conservation protected species habitats etc. in the radial search. 6 Updating a permit to revise a condition where the wording is very similar, so the update could be regarded as having no material effect. Section 4 – What we charge for 25 7 Where discharges greater than 2m3/d but less than or equal to 5m3/d to ground, wish to remove the word ‘trade’ (and we accept the case) from their permit. Where these are existing permits they will principally be considered by the Groundwater Review Programme. If 2m3/d or less to ground or 5m3/d or less to surface water the operator may seek to register their discharge as exempt, without charge. 8 Change to provide a replacement map such as a better quality map or an updated map where the existing map is out of date. 4.3.2. Minor technical change This section does not apply to Groundwater (landspreading) and Water Discharge Activities and Groundwater (point source). A minor technical change will involve some technical input by us but considerably less than for a normal variation. In the following circumstances a normal variation charge will apply instead of the above for variations: On sites of high public interest or contentious industrial sectors e.g. power station trials, new waste-derived fuels in cement kilns and incinerators etc; where emissions or techniques are complex or novel, or where complex modelling is required; if they are on sites with sensitive receiving environments. We have explained this here to help you assess if your variation is likely to meet the criteria for a minor technical change. However, if you have any doubt you should discuss the matter with your local Environment Agency officer. If you want to make a minor technical change you can pay a fixed charge, regardless of whether your permit normally incurs fixed or Opra based charges, if this charge is lower than the normal variation charge. To make a minor technical change you pay the lowest of: £1,280; for Installations and waste operations: the appropriate tier 2 or tier 3 variation charge; for Radioactive Substances Activities: the appropriate tier 2 variation charge. The charge payable is that which relates to the permit type after the variation takes place. Tables 15 and 16 below provide examples of minor technical variations for the relevant charging regimes covered by this advice but should not be considered an exhaustive list. Table 15: Minor technical variation examples for Installations and Waste operations 1 Adding an emission point for which we do not have to carry out a technical assessment. 2 Changes solely to the list of wastes a facility authorised for permanent deposit of waste to land for recovery is permitted to accept, provided the change would not alter the nature of the facility’s operation or increase the environmental risk posed. We will accept up to 3 waste type changes in one variation application. 3 A new product introduction, trial or non-exempt research and development activity except where the emissions or techniques are complex or novel, or where complex modelling is required. 4 An improvement condition response requiring revised improvement conditions that were not technically assessed during permit determination. Section 4 – What we charge for 26 5 Changing or setting limits following improvement conditions or other information that was not technically assessed during permit determination. 6 Introducing non-complex standard conditions developed nationally for a sector. 7 An increase in annual throughput only. 8 An increase in storage capacities. 9 Adding treatment (recovery and disposal) codes, where the permit already allows treatment, providing the change would not alter the nature of the facility’s operation or increase the environmental risk posed. 10 Changing reporting requirements. Table 16: Minor technical variation examples for Radioactive Substances Activities 1 An increase of not more than 10 per cent in any disposal or accumulation activity, time or volume limit in a permit. 2 Any increase in holdings of unsealed sources that does not result in an increase of more than 10 per cent in any disposal or accumulation activity, time or volume limit in a permit. 3 The addition of sealed sources to a type D (HASS) permit where each additional source is not a high-activity source. 4 The first addition, resulting from a single variation, of one or more disposal routes involving transfer to a person holding a permit authorising the receipt and disposal of radioactive waste in a financial year. 5 The consolidation of an RSA93 open source registration and a RSA93 authorisation other than for the purposes of its transfer to another operator. 4.3.3. Normal variation A normal variation is a variation that is not an administrative only change, a minor technical change or a substantial variation. Conversion to a different type of permit may also be charged at the normal variation rate. Tier 2 charges If you want to make a normal variation to a permit that incurs tier 2 charges then you will have to pay a fixed charge. These are listed in the relevant permit regime sections. The only variations it is possible to make to a standard facility are an administrative or a minor technical variation. If you want to make a more significant change to your facility you have to apply for a variation to a bespoke permit. Tier 3 Opra based charges If you want to make a normal variation to a permit that incurs tier 3 Opra based charges, the charge you have to pay is your existing Opra charging score multiplied by the charge multiplier listed in the relevant table in the permit regime sections. Opra based variation charges apply to Waste and Mining Waste where Opra based subsistence does not apply. 4.3.4. Substantial variation (tier 3 Opra based charges) A substantial variation is one where there is either a substantial change (i.e. one where there are significant negative effects on the environment relating to an Installation or Mining Waste operation) or where we decide that public consultation is required. Our advice document, EPR8 Changes in Operation, explains how we define substantial changes and decide whether public consultation is required. An example would be an increase in capacity such that the emissions to air, calculated using H1 risk assessment methodology, result in a significant negative effect to the environment. Section 4 – What we charge for 27 If you want to make a substantial variation to a permit that incurs tier 3 Opra based charges, the charge you have to pay is your existing Opra charging score multiplied by the charge multiplier listed in the relevant table in the permit regime sections. If you have a permit where the Opra banded profile covers more than one facility, for example if your permit covers two installations, these will combine together to give a single Opra banded profile. In such circumstances, even if you are only varying one of the installations, it is still the full Opra score that is used, i.e. the score generated by both installations together. 4.3.5. Permits with multiple regulated facilities If your permit covers more than one regulated facility and you want to vary the permit, the charge is the sum of the individual variation charges for the facilities being varied. If the variation affects the different regulated facilities to differing degrees, then the total charge could be a combination of all the different types of variation charge, for example, minor technical and normal. It could also be a combination of fixed charges and Opra based charges. 4.3.6. Variation to add/remove a facility Adding a facility to an existing permit If you wish to add a tier 2 facility the sum payable is the applicable permit application charge. If you hold a permit that covers a tier 3 Installation group and you wish to add an additional tier 3 Installation, or you hold a tier 3 Waste facility and wish to add an additional tier 3 Waste facility permit, the charge is based on the relevant variation charge multiplier, multiplied by the relevant Opra charging score for the new facility. If you wish to add a tier 3 facility of a different category the charge is based on the relevant application charge multiplier, multiplied by the relevant Opra charging score for the new facility. Installations, Waste and Mining Waste are separate categories. Removing a regulated facility (with no associated land) from an existing permit In the case of a Variation application to remove a regulated facility (with no associated land) from an existing permit, the charge payable is equivalent to that which would apply if the relevant part of the permit were being surrendered. In the case of a tier 3 facility this will be the applicable partial surrender charge, where listed, or the full surrender charge, for each facility being surrendered. In the case of a tier 2 facility, it will be the relevant surrender charge, or in the case of a permit that authorises more than one standard facility, the highest applicable surrender charge. In the Regulations references to an installation also include references to part of installation. So removing part of an installation (e.g. removing one of a number of the same A1 activities) without associated land is charged as if for a partial surrender. The removal of a regulated facility with associated land requires a surrender application (see section 4.5.1) 4.3.7. More than one permit holder for an installation Where there is more than one permit holder for an installation and one of them applies for, or is issued with a variation, the other permit holders will only incur a charge if their permits have to be varied as a result. 4.3.8. Change to financial provision Any changes that affect the financial provision, or the way you make it, incur variation charges in the same way as any other change. So the charge is one of the variation charges for either tier 2 or tier 3 depending on the activity the change relates to. 4.3.9. Closing a landfill To close a landfill operation a normal variation charge applies. Section 4 – What we charge for 28 4.3.10. Re-opening of a closed inert landfill For a closed inert landfill applying for a variation to re-open to allow the deposit of waste for disposal, a charge equivalent to the application as new will be required. 4.3.11. Consolidation of permits Consolidating two or more permits An operator may ask us to consolidate two or more permits on a site into one. When we consolidate the permits we create one permit of modern conditions to replace the former permits. If the permits being consolidated are not modern permits we will map the existing conditions across to modern ones. If you ask us to consolidate you are agreeing to have a modern permit. Often a request to consolidate is made at the same time as a request to change one of the individual permits. We calculate the charge for the variation to the permit/s as follows: Where there is an application for variation; the charge is at the charging scheme rate for each permit. That means that each permit attracts the appropriate variation charge for the change proposed. (In many cases this will be the normal variation charge but if appropriate it will be the substantial or minor technical variation charge.) In addition those permits being altered purely to allow consolidation to occur will attract a minor technical variation charge (or if appropriate no charge if it is an administrative only variation). Where the request is purely to consolidate; where there is no application to vary, the type of variation charge will depend on the level of work involved to create a modern permit. Consolidating a single permit An operator may ask us, or we may decide to produce a consolidated permit, as a result of a variation application and/or as an Environment Agency initiated variation. If the consolidation involves nothing beyond the consolidation of the results of any current variation application and all previous variations into a new consolidated permit, there would be no charge beyond the applicable charge for the variation application. However, if the consolidation also involves, for example, modernisation of the permit as a result of an Environment Agency initiated variation, there would be an additional charge for that variation which would depend on the level of work involved. 4.3.12. Variations to permit type (Also see Table 17 for Installation and Waste operation permit type variations). Varying a tier 2 permit to one that incurs tier 3 charges If you apply for a variation that will result in your permit changing from one that only incurs tier 2 charges, to one that incurs tier 3 charges, then you will need to submit an Opra profile with your application. The variation charge you will have to pay will be based on this Opra profile multiplied by the appropriate variation charge multiplier. Variation to become a standard facility If you want to vary a fixed condition licence to a facility subject to standard rules and can meet the requirements of the standard rules, the charge would be for an administrative only change, i.e. free. If you want to change from an existing permit that is not a fixed condition licence to a standard facility the charge will be the relevant application charge for the standard permit. If you are applying to vary to a standard facility and would also like to extend the area of the site, you can extend the area without having to pay an additional charge. Section 4 – What we charge for 29 Variation of a standard facility to become subject to different standard rules The sum payable is the applicable permit application charge relating to the new standard rules. Variation to become a bespoke tier 2 facility If the variation is to a facility which is or will be when changed as proposed, a tier 2 facility other than one subject to standard rules the charge will be the relevant variation charge for the tier 2 bespoke permit. Where an existing tier 2 facility is being changed to a different type of tier 2 facility other than one subject to standard rules, the applicable variation charge is that relating to the tier 2 facility when changed as proposed. Variation of an existing tier 3 to a different tier 3 The normal variation charge is based on the existing Opra profile and relevant charge multiplier. The subsistence charge for the remainder of the financial year will be based upon: for an Installation (when varied) - the new Installation Opra profile of the varied permit, modified by the compliance rating and calculated on a pro-rata basis; for a Waste facility (when varied) - the appropriate table of Waste charges, modified by the compliance rating, and calculated on a pro-rata basis. Section 4 – What we charge for 30 Table 17: Variation charges - Installation and Waste – changes to existing facilities. To: Tier 2 Waste standard facility Tier 2 Installation standard facility Tier 2 Waste operation (bespoke) Tier 3 Installation* Tier 3 Waste operation Tier 2 Waste standard facility Fixed rate Standard facility application charge (1)(2)(4) Fixed rate Standard N/A facility application charge (1)(2)(4) Fixed variation charge for relevant Waste operation (bespoke) New Opra profile x Installation variation multiplier New Opra profile x Normal variation Waste multiplier Tier 2 Installation standard facility Fixed rate Standard facility application charge (1)(2)(4) Fixed rate Standard Fixed variation facility application charge for installation charge (1)(2)(4) (bespoke) (3) N/A New Opra profile x Installation variation multiplier N/A Tier 2 Fixed Condition Licence Free (1) N/A Fixed variation charge for relevant Waste operation (bespoke) New Opra profile x Installation variation multiplier New Opra profile x Normal variation Waste multiplier Tier 2 Installation (bespoke) N/A Fixed rate Standard N/A facility application charge (2)(1) N/A New Opra profile x Installation variation multiplier N/A Tier 2 Waste operation (bespoke) Fixed rate Standard facility application charge (1)(2) N/A N/A New Opra profile x Installation variation multiplier New Opra profile x Normal variation Waste multiplier Tier 3 Installation Fixed rate Standard facility application charge (1)(2) Fixed rate Standard Fixed variation facility application charge for installation charge (1)(2) (bespoke) (3) Fixed variation charge for relevant Waste operation (bespoke) N/A Existing Opra profile x Installation Normal variation multiplier Tier 3 Waste operation Fixed rate Standard facility application charge (1)(2) N/A Fixed variation charge for relevant Waste operation (bespoke) Existing Opra profile x Waste Normal variation multiplier N/A Permit type Tier 2 Installation (bespoke) From: Section 4 – What we charge for N/A N/A N/A 31 * Where an Installation multiplier applies this can be normal or substantial (unless stated otherwise). (1) Variation dependant on being able to meet standard rules. (2) If, when you are applying to vary to a standard facility you would also like to extend the area of the site, you can do this without having to pay an additional charge. (3) Variation dependant on being able to meet medium risk criteria. (4) Applies to the variation of a standard facility to a different standard facility. Section 4 – What we charge for 32 4.4. Transfer charge This section covers general transfer charge information. Additional information specific to a particular charging regime and application charge rates is contained in the regime sections. Table 11 outlines charging regimes sub sections apply to. This section does not apply to tier 3 Radioactive Substances Activities, Water Discharge Activities or Groundwater activities. If you want to transfer your permit you have to pay a transfer charge. You can apply to transfer either all, or part (except for mobile plant), of a permit. You will not have to pay a transfer charge: if your permit used to be a waste management licence and you were, on 6 April 2008, the operator by reason of regulation 69(2) of the Environmental Permitting (England and Wales) Regulations 2007 (the holder of a waste management licence which became an environmental permit under those Regulations was to be treated as the operator); and we have agreed the transfer is desirable for regulatory reasons. 4.4.1. Transferring more than one facility as part of a single permit If you are transferring more than one facility as part of a single permit, you will only have to pay one transfer charge, equivalent to the charge for transferring a single facility. You will not have to pay a charge for each separate facility. The charge payable will be the highest of the individual charges. So if your application covers two facilities that fall within tier 3, you will pay the higher of those two tier 3 charges. If the application covers different facilities that fall within tier 2 and tier 3, you will pay the highest of those individual charges. If you are transferring all the facilities under the permit, i.e. the whole permit, then you have to pay the highest of the individual full transfer charges. If you are only transferring some facilities covered by a permit, even if you are transferring those facilities in full, because you are not transferring the whole permit you have to pay the highest of the individual partial transfer charges. 4.4.2. Transferring a permit where the management is the same If you would like to transfer your permit and you can demonstrate that the management of the operator you are transferring it to is substantially the same, you will have to pay whichever is lowest of either: a fixed charge of £1,950; the appropriate tier 2 or 3 charge. “Management" includes the people who are responsible for the management of the company and regulated facility, the management techniques employed, the compliance record and financial standing (and financial provision if appropriate) of the company and its managers. 4.4.3. Transfer of Permits and Compliance Rating When you transfer your permit (either part, full or within the same management), the compliance rating for the permit will also transfer across to the new operator. For example if the permit you transfer has a compliance rating of a Band D then the pro rata subsistence charge applied to the new permit will be increased by a 1.25 multiplier. Further advice on the transfer of permits and your compliance rating are available in the individual annexes of the Opra Scheme. Section 4 – What we charge for 33 4.4.4. Death or insolvency of a permit holder Transfer of permits following the death of a permit holder If a permit is held in a person’s sole name and that person dies, the permit becomes the property of their personal representatives. The personal representatives must notify us of the death within 6 months and may apply in that time for the permit to be transferred. If no transfer application is made within 6 months, the permit will cease. Normally, subsistence charges remain payable until a permit either ceases or is transferred. However, where a permit holder has died and his or her personal representatives notify us that there is no intention to transfer the permit and we are satisfied that the operations at the site have ceased we will make no charge for the period between that date and the end of the 6 months from the date of death of the permit holder. Policy adjustments of this type can be facilitated by the abatement system. Table 18 (following pages) provides a summary of our approach to the collection of charges where a permit holder has died or is facing insolvency. Section 4 – What we charge for 34 Table 18: Current charging where a permit holder dies or is facing insolvency Where a permit is held jointly and one of the events below happens to only one of the permit holders, the permit continues to be held by the other parties, who should continue to operate and be responsible for charges as normal; Where a permit is disclaimed by a trustee in bankruptcy or a liquidator, it ceases to have effect from the date of disclaimer. Event Effect on permit Who is responsible for charges Our approach on collection of charges Death of permit holder. The permit subsists and passes on death to the personal representatives (PRs). The PRs up to date of transfer or expiry of 6 months. We will normally charge the estate up to date of transfer or cessation of permit. However, if the PRs notify us that they do not intend to transfer the permit and stop operating under the permit we will charge the estate up to the date of that notification, providing we have confirmed that activities under the permit have ceased. The permit subsists and passes to the Trustee in Bankruptcy from the date of the This means that a court bankruptcy order bankruptcy order. has been made because an individual cannot pay their debt. The Trustee may apply to transfer the permit or may disclaim the permit. The Trustee in Bankruptcy up to the date of transfer or disclaimer. We charge the Trustee in Bankruptcy up to date of transfer or disclaimer. Individual Voluntary Arrangement (IVA) The existing permit holder. We continue to charge the permit holder as normal. The permit ceases after 6 months unless transferred within that time, or transfer application made. A permit condition is added by statute: PRs must notify us within 6 months of death that the permit has vested in them. Personal bankruptcy This means that an individual has entered into an agreement with creditors, overseen by an Insolvency Practitioner, for part payment of debts on a percentage basis. Section 4 – What we charge for The permit subsists as property of the existing holder. 35 Event Effect on permit Who is responsible for charges Administration The permit subsists as property of the existing holder and the Administrator is bound by its conditions. The existing permit We continue to charge the permit holder, but all dealings holder as normal to date of any should be with the transfer. Administrator. This means that a corporate body is in difficulties and an Administrator has been appointed by court order to see if business can be rescued as going concern. Receivership This means that a corporate body has failed to pay a debt and a Receiver is appointed either by an individual creditor under the terms of a loan agreement or by the court. Depending on the terms of the administration order, the Administrator may be able to apply to transfer the permit. The permit subsists as property of the existing holder. Depending on the terms of the receivership order, the Receiver may be able to apply to transfer the permit. Our approach on collection of charges The existing permit holder, but during receivership the directors’ powers over assets are suspended and Receiver will act on company’s behalf. We continue to charge the permit holder as normal to date of any transfer. The liquidator. We charge the liquidator until date of transfer or cessation of permit. The existing permit holder. We continue to charge permit holder as normal. The aim is for the Receiver to collect in sufficient property to pay the debt. Liquidation This means that a corporate body is insolvent and a court order has been made for the company to be wound up, assets collected in and debts paid. Company Voluntary Arrangement (CVA) This means that a corporate body owes debts and has entered into a payment arrangement with creditors. Section 4 – What we charge for The permit subsists but passes to the liquidator from the date of the court order. Liquidator may apply to transfer or may disclaim the permit. Otherwise, permit will come to an end when the company is eventually wound up, that is ceases to exist and is removed from the register of companies. The permit subsists as property of the existing permit holder. 36 4.5. Surrender charge Applies to permits regulating Installations, Waste, and Mining Waste. Radioactive Substances Activities are also subject to a surrender charge but special rules apply – see section 5.7. Table 11 outlines charging regimes sub sections apply to. This section does not apply to Mobile Plant, Water Discharge Activities or Groundwater Activities. This section covers general surrender charge information. Additional information specific to a particular charging regime and surrender charge rates is contained in the charging regime sections. If you apply to surrender either part or your entire permit you must pay a surrender charge. 4.5.1. Removing a regulated facility (with associated land) from an existing permit Where there is more than one facility under a permit and you wish to surrender one or more of them but not all of them, you will have to pay the sum of the surrender charges for the facilities being surrendered: Tier 2 standard facilities - the individual surrender charge, or where the permit authorises and the surrender relates to, more than one standard facility, the highest applicable of those standard facility charges. For non-standard facilities if you are surrendering a whole permit you will have to pay the full surrender charge for each facility being surrendered. If you are only surrendering some of the facilities covered by the permit, you have to pay a partial surrender charge, where listed, or the full surrender charge for each facility being surrendered: for every non-standard tier 2 facility - the individual surrender charge at the full surrender rate, or part surrender rate (where applicable); for every tier 3 facility - the sum equal to the relevant Opra charging score multiplied by the relevant surrender charge multiplier at the full rate, or part surrender rate (where applicable). The removal of a regulated facility with no associated land requires a variation application (see section 4.3.6). 4.5.2. Reducing the area of land To reduce the area of land a part surrender charge applies. 4.5.3. Surrender charge where operations have not commenced If you want to apply to surrender the whole or part of a permit where operations have not commenced, you will have to pay a surrender charge of £770, regardless of whether your facility normally incurs tier 2 or tier 3 charges. Where there are several facilities on one site under a single permit and some have commenced and others have not, the surrender charge for the whole permit is the sum of all the separate surrender charges for the different facilities. Each facility where the operation has commenced is liable for the full surrender charge. Each facility where the operation has not commenced pays the reduced surrender charge of £770. 4.5.4. Surrendering a permit for a low risk site If you want to apply for low risk or basic surrender of a permit authorising permanent deposit of waste (including for a partial surrender), you must ask us to confirm whether or not you may do this, in line with our advice document " Landfill (EPR 5.02) and other permanent deposits of waste ", version 2, published in December 2012. Section 4 – What we charge for 37 If you want to apply for low risk surrender of any other tier 2 or tier 3 facility we must confirm that an intrusive investigation is not needed, in line with the criteria in box 1 of “Site condition report – guidance and templates”, (H5), version 3, published by us in April 2013. We may consider a low risk surrender application for the partial surrender of a permit where the overall site would not be considered low risk. For this to apply the part being surrendered must fulfil the following criteria: The area of the facility subject to your application must fit properly within the low risk criteria; The part of the facility being surrendered is not essential for and will not influence or be influenced by the rest of the site; The regulatory effort required to determine the application will not be in excess of the low risk surrender fee. It is for the Environment Agency to determine if the application meets these criteria and a decision about the low risk status must be made before the decision on the fee required. If the specified circumstances apply and we agree you may have a basic or low risk surrender the charge will be £2,540 for low risk surrender, £540 for a basic surrender, or the full or partial surrender charge specified in the scheme if lower than these amounts. 4.6. Groundwater assessment (applicable to landfill facilities) We are required to periodically review certain Environmental Permits to check the quality of groundwater. When we do this for a landfill and intend to charge we will contact you by serving a notice on you. We will carry out an initial review (currently £1,010) and, if necessary, a more detailed review at an additional charge of £3,660. 4.7. Independent monitoring charges In some cases, and where prior notice is given, we may recover the cost of monitoring, site surveys or investigations carried out by contractors acting on our behalf by means of a direct charge. We will invoice you for the costs incurred after we have received invoices from the contractors for the work done. Where a charge for monitoring is payable but the permit is revoked, the person previously operating the regulated facility shall continue to be liable for the monitoring charge in so far as it relates to any expenditure incurred or liabilities accrued by the Environment Agency in the year of revocation or in prior years. 4.8. Mobile Plant deployment charge Applicable to mobile plant permits. See Mobile Plant section 5.4. 4.9. Charge for advertising Where we need to advertise your application in accordance with our public participation statement (see our website) in a newspaper, we will need to recover our costs of placing the advert and will levy an advertising charge of £500 for each advertisement. 4.10. Monitoring and emergency response charges Except in relation to a specified water activity, the cost of monitoring, site surveys and investigations carried out by contractors acting on behalf of the Environment Agency will be recovered, where appropriate, by means of a direct charge per permit to be notified to the operator. Section 4 – What we charge for 38 Where the Environment Agency responds to an emergency air quality incident resulting from the operation of a facility authorised by a permit, the relevant time and materials costs of that response, including the costs of any contractors used, will be recovered, where appropriate, by means of a direct charge per permit to be notified to the operator. In cases where a charge is payable under this paragraph but the permit is revoked, the person previously operating the regulated facility shall continue to be liable for the charge in so far as it relates to any expenditure incurred or liabilities accrued by the Environment Agency in the year of revocation or in prior years. 4.11. R1 energy recovery activity assessment charge (May apply to permits where incineration takes place) Under the Waste Framework Directive (WFD) Waste Hierarchy, incineration can be considered a recovery rather than a disposal operation by incorporating energy recovery, provided it meets what is known as the R1 Energy Recovery Formula. Unless the Competent Authority agrees to classify it as R1 it remains a disposal activity by default. The R1 assessment provides confirmation from us as the Competent Authority that a particular process will be classed as energy recovery. An operator can choose to apply for an assessment as R1 at any stage of the planning, development and procurement process. After an initial assessment, typically at design stage, the certification would normally need to be re-validated by us after acceptance testing and annually thereafter. The cost of assessments is not recovered except when the assessment is done as part of the permit determination. If an operator chooses to apply for an R1 assessment the charges are as follows: Initial assessment, when the request is made outside of the permit determination process - £2000; Subsequent re-validation during operation of the facility - £1000. Section 4 – What we charge for 39 5. Permit regimes 5.1. Installations Advice in this section covers charges for Installations. It is important that you are familiar with sections 1-3 covering the general aspects of permits and charging before reading this section. Charges for permits for Installations are either: tier 2: Standard rules Installation; Low impact bespoke Installation; Local authority installation (Part A(2) or Part B bespoke Installation, or a small waste incineration plant); Farming Installation; Directly Associated Activity Installation, i.e. one that does not include a Schedule 1 permitted activity; Paragraph 17 Installation, i.e. one that is an Installation only by virtue of regulation 104 of the Environmental Permitting Regulations. Or, tier 3: All other bespoke Installations. When waste operations, water discharge activities and/or groundwater activities are included in the same permit as an Installation, but are not part of the Installation, they are standalone regulated facilities. Standalone regulated facilities in this case are required to pay the appropriate separate charge. Where more than one Installation is carried on by the same operator at one site and under one permit, the Charging Scheme refers to this as an Installation group. Each Installation group will require an Opra banded profile under the Opra Scheme and will attract a single tier 3 charge under the Charging Scheme. Directly Associated Activity (DAA) Under the EP regulations all parts of an installation require a permit, and in some cases a permit may include more than one installation. A DAA is part of the installation that does not include the carrying on of any activity listed in any part of Schedule 1 of the Regulations but has a technical connection to the listed activity (and is not a low impact installation). In such situations there is no separate charge for the DAA but their emissions will be included in the installation Opra profile and thus included in the total installation permit charge. Waste operations, Water Discharge Activities and/or Groundwater Activities are included in the types of activity that may meet the definition of a DAA and be part of an installation. An installation group will usually have a single operator. However in some situations, parts of installations may be operated by different operators. Each different operator must have their own permit. Where a permit includes only a DAA and no Schedule 1 activity, none of the other installation charges in the scheme apply. As there is work associated with such permits and we are required to recover our costs, we apply a charge for a DAA in such circumstances. This is a tier 2 charge included under part 2, chapter 2 of schedule 1 of the charging scheme. Section 5.1 Permit regimes - Installations 40 What we charge for: General information Regime specific information notes Main charges Section Page(s) Application for new permit 4.1 21 to 22 Subsistence 4.2 22 to 23 (1) Variation 4.3 23 to 32 (2) Transfer 4.4 33 to 36 Surrender 4.5 37 to 38 Groundwater assessment 4.6 38 Independent monitoring charges 4.7 38 Default charges (3) (1) The following information on subsistence is specific to Installations: Accredited farming Installations Subsistence charges for tier 2 accredited farming Installations will not be adjusted by a compliance rating, subsistence for non-accredited farming Installations will be subject to a compliance adjustment. Where a farming Installation becomes an accredited farming Installation after the date on which the subsistence charge is payable in any year, the charge shall be adjusted pro rata from the date on which this occurs. (2) The following information on variations is specific to Installations: Multi-Product Protocol (MPP) A small number of Installations are identified as being subject to the Multi-Product Protocol (MPP) approach – rule 5 in the Opra scheme annex for Installations. For these, the decision on whether an operational change requires a variation is specified in the advice document about MPP, entitled “Guidance on the use of a multi-product protocol (MPP) at chemical production Installations”. (3) The following information on default charges is specific to Installations: (for Standard Permits introduced after 1 April 2015) New standard permits will be placed into the most appropriate existing charge band. We will identify the charge for each new proposed standard permit when we consult on the permit and confirm our response. The charge bands accorded to a default standard facility will be selected from the following table: Charge bands available for an Installation default standard facility Charge Band S030A (W) Application charge £400 Charge Band S035T (W) Transfer charge £720 Charge Band S040S (W) Surrender charge £540 S040A (W) £720 S040T (W) £980 S045S (W) £1,540 S040C (W) £310 S050A (W) £980 S050S (W) £2,540 S050C (W) £520 S060A (W) £1,630 S060S (W) £3,590 S060C (W) £780 S070A (W) £1,950 S074C (W) £1,280 S080C (W) £1,580 S090C (W) £2,040 S100C (W) £2,490 S120C (W) £3,420 Section 5.1 Permit regimes - Installations Charge Subsistence Band charge S030C (W) £156 41 Installation charges (tier 2) Table 19: Installations - tier 2 charges Charge type Charge method Application charge Fixed rate: Table 21 (standard permits) Fixed rate: Table 22 (bespoke permits) Subsistence charge Fixed rate: Table 21 (standard permits), adjusted for compliance (Table 20) Fixed rate: Table 22 (bespoke permits), adjusted for compliance (Table 20)* *Compliance adjustment does not apply to accredited farming Installations Variation charge Fixed rate: Table 22 (bespoke permits) (see section 4.3 for administrative and minor technical variations) Not applicable to standard permits Transfer charge Fixed rate: Table 21 (standard permits) Fixed rate: Table 22 (bespoke permits) Surrender charge Fixed rate: Table 21 (standard permits) Fixed rate: Table 22 (bespoke permits) Table 20: Installations - tier 2 subsistence charge compliance band adjustment Tier 2 subsistence charge compliance band adjustment Compliance band A B C D E F % of base charge 100% 100% 110% 125% 150% 300% Section 5.1 Permit regimes - Installations 42 Table 21: Installations - tier 2 standard permits Installations that are standard facilities Rules number Application Transfer Surrender Subsistence Low impact Part A Installation SR2009 No2 £1,630 £380 £380 £520 Low impact Part A Installation for production of biodiesel SR2009 No3 £1,630 £380 £380 £520 Composting in closed systems (capacity over 75 tonnes/day) SR2012 No4 £1,950 £980 £3,590 £2,490 Composting in open systems (capacity over 75 tonnes/day) SR2012 No8 £1,950 £980 £3,590 £2,490 On-farm anaerobic digestion facility including the use of the resultant biogas SR2012 No9 £1,950 £980 £1,540 £2,040 Anaerobic digestion facility including the combustion of the resultant biogas SR2012 No11 £1,950 £980 £1,540 £3,420 Treatment of incinerator bottom ash (IBA) (capacity over 75 tonnes/day) SR2012 No13 £1,950 £980 £3,590 £2,490 *See section 4.3 for administrative and minor technical variations. Section 5.1 Permit regimes - Installations 43 Table 22: Installations - tier 2 bespoke permits Installations that are not standard facilities Application Normal Substantial Part Full Variation* Variation* Transfer Transfer Part Full Subsistence Surrender Surrender Low impact Part A Installation £2,640 £380 £380 £380 £380 £380 £380 £520 Local authority installation £1,630 £540 £980 £540 £540 £540 £540 £1,000 Accredited farming Installation (1) N/A £380 £380 £380 £380 £380 £380 £1,580 Non-accredited farming Installation £3,750 £380 £380 £380 £380 £380 £380 £2,490 Directly Associated Activity £7,380 £1,960 £3,910 £7,470 £4,980 £5,650 £6,650 £3,420 Paragraph 17 activity £7,380 £1,960 £3,910 £7,470 £4,980 £5,650 £6,650 £3,420 (1) The Farm Assurance Scheme is for pig and poultry producers who are regulated through Environmental Permitting Regulations 2010. Farmers can qualify for the scheme by showing a high standard of compliance under their permit conditions. The benefit to farmers who meet the entrance criteria is a reduced annual subsistence charge. The charge is subject to a pro-rata adjustment in the event of a mid-year change. Subsistence charge is not subject to a compliance adjustment. *See section 4.3 for administrative and minor technical variations. Section 5.1 Permit regimes - Installations 44 Installation charges (tier 3) Table 23: Installations - tier 3 charges Charge type Charge method Application charge Opra score, derived from Opra weighting factors (table 24), multiplied by relevant Opra multiplier (table 25) Subsistence charge Opra score, derived from Opra weighting factors (table 24), multiplied by relevant Opra multiplier (table 25), adjusted for compliance (table 26) Variation charge (see section 4.3 for administrative and minor technical variations) Transfer charge Opra score, derived from Opra weighting factors (table 24), multiplied by relevant Opra multiplier (table 25) Part transfer £7,470 Full transfer £4,980 Surrender charge Opra score, derived from Opra weighting factors (table 24), multiplied by relevant Opra multiplier (table 25) Groundwater assessment Initial review £1,010, further review (if required) £3,660 Independent monitoring charges Cost recovery charging Table 24: Installations - Opra weighting table Attribute Complexity Emissions Band Score Note - each activity is scored Air Water Land Waste input Sewer Off-site waste Location Operator Performance A 2 3 3 3 3 1 1 3 10 B 15 10 10 10 10 2 2 10 25 C 45 20 20 20 20 3 3 20 40 D 82 35 35 35 35 5 5 40 60 E 110 50 50 50 50 10 10 60 75 Table 25: Installations - tier 3 Opra charge multipliers Charge Permit Application charge Subsistence charge Normal Variation charge Substantial Variation charge Full Surrender charge Partial Surrender charge Installations Multiplier (£) 206 101 58 113 127 99 Table 26: Installations - tier 3 subsistence charge compliance band adjustment Tier 3 subsistence charge compliance band adjustment Compliance band A B C % of base charge 95% 100% 110% Section 5.1 Permit regimes - Installations D 125% E 150% 45 F 300% 5.2. Waste Facilities Guidance in this section covers charges for Waste facilities. It is important that you are familiar with sections 1-3 covering the general aspects of permits and charging before reading this section. Charges for permits for Waste facilities are either: tier 2: Standard rules Waste facilities; Fixed Condition Licence (no longer available to apply for); Some bespoke Waste facilities; Or, tier 3: All other bespoke Waste facilities. The Charging Scheme uses the term Waste facility as shorthand for one, or a group of, waste operations that are not part of an Installation, but are carried on by the same operator on one site, as one overall operation and under one permit (e.g. a transfer station). Each Waste facility is liable for a separate charge. In some cases a water discharge activity or groundwater activity may be part of the waste operation. In these cases, although they are no longer standalone regulated facilities, they are still liable for the appropriate separate charge. Full details of charges for Groundwater Activities (land spreading) can be found in section 5.5 and for Water Discharge Activities and Groundwater Activities (point source) in section 5.6. The facilities listed in Schedule 1 Part 2 Chapter 3 of the legal scheme are all those that incur Waste tier 2 charges. A Waste facility that is not on this list will be subject to tier 3 charges. The list of standard facilities covers common waste management activities but this does not mean your current permit for the same activity is automatically a standard permit. To become a standard facility you need to apply and demonstrate that you meet the standard rules criteria. Charges to make changes to tier 2 permits are fixed tier 2 charges unless you are applying to vary your permit so that it no longer meets the tier 2 criteria, in which case tier 3 charges will apply (see Variations section 4.3 for more information). There are two types of standardised waste operation permit that you can no longer apply for. These are fixed condition licences and bespoke tier 2 vehicle de-pollution permits taking less than 2,500 tonnes. If you hold a Fixed Condition Licence you can apply, free of charge, to vary it to operate under one of the published sets of waste operation standard rules. Landfill sites regulated as Waste Operations Operational landfill sites for hazardous and non-hazardous waste are regulated as Installations. Landfills for the disposal of inert waste and sites that closed under the Landfill Directive transitional arrangements are Waste operations. Therefore landfills regulated as Waste operations will be either operational or closed landfills taking only inert waste or sites that are closed or closing having never operated under a permit compliant with the Landfill Directive requirements. The applicable subsistence charge will be a combination of charges in transitional waste tables 3A, 4, 6 and 7, as summarised in Table 27 below. Section 5.2 Permit regimes - Waste 46 Table 27: Waste operation landfill sites - Transitional Waste subsistence charges Type of landfill site Transitional Waste Transitional Waste Transitional Waste Transitional Waste Table 3A charge Table 4 charge Table 6 charge Table 7 charge (waste to land for recovery) (burning of biogas) Operational inert landfill Y X If permitted N/A Closed site but not yet definitely closed Y X If permitted If permitted1 Definitely closed sites in the aftercare phase X Y If permitted If permitted1 Landfill sites with a Landfill Directive permit (i.e. those that were re-permitted in the 2000s), that cease accepting waste for disposal are required to apply to vary their permit and submit a closure report. The variation charge covers our costs of assessing the closure report and varying the permit to the appropriate aftercare conditions. For landfill sites that should have started the closure process by July 2009, the variation charge for assessment of the closure report will be the minor technical variation charge. If subsequently, additional or varied conditions are required for specific pollution prevention reasons, a further variation application charge will be required. This will be at the appropriate rate, i.e. either minor technical or normal variation. Burning of biogas The tier 2 option is for landfill gas engines at a facility not being charged in conjunction with a Transitional Waste Table 3 or 4 bespoke waste permit. The tier 3 option (Transitional Waste Table 7 part A) is for landfill gas engines that are currently being charged in conjunction with a Transitional Waste Table 3 or 4 bespoke waste permit. Transitional Waste Table 7 part B covers non-landfill facilities regulated for the burning of biogas. What we charge for: General information Main charges Section Page(s) Application for new permit 4.1 21 to 22 Subsistence 4.2 22 to 23 Variation 4.3 23 to 32 Transfer 4.4 33 to 36 Surrender 4.5 37 to 38 Groundwater assessment 4.6 38 Regime specific information notes (1) Waste recovery review charge (2) Materials Facilities charge (3) Default charges (4) 1 Permitted means that there is a specific condition in the permit covering the management of landfill gas using an engine, or the activity is covered by the ‘working plan’ that is specifically incorporated into the permit. Section 5.2 Permit regimes - Waste 47 (1) The following information on subsistence is specific to Waste facilities: Tier 3 waste facilities - subsistence rules for permits covering more than one facility As a general rule if a permit covers more than one regulated facility, the charge you have to pay is the sum of all the individual subsistence charges for facilities covered. An exception to this is if your permit covers more than one waste facility and they fall into more than one part of the same Transitional Waste Table. In this situation you have to pay the highest of the individual charges not the total. Also, where a permit authorises both the treatment and keeping of waste the charge is the higher of the sums derived from Transitional Waste Tables 1 and 2 (or Table 7 Part B where burning biogas other than from a landfill also applies). Registered as exempt after subsistence charge is due If a regulated facility is registered as exempt from EP Permitting after the date the subsistence charge is due, we will adjust the charge pro rata so it ends on the day the exemption takes effect. If you have paid in full and the exemption puts your account into credit we will refund the balance. Additional subsistence charging rules: This option is no longer available to new applicants. Land specified in one of the permits shall be treated as adjoining land specified in another of the permits notwithstanding that the areas of land are separated by a highway. An adjacent site arrangement ceases to apply where any of the original terms of the arrangement no longer apply, including when one or more of the permits subject to the arrangement moves to Transitional Waste Table 4. Table 28: Waste - adjacent sites Conditions An agreed adjacent site arrangement was already in place prior to 1st April 2009. Charge One sum is payable in respect of the relevant permits: whichever is the lower of – the equivalent to the sum which would be payable if all the waste to which those permits relate had been the subject of a single permit; or the total of the sums calculated for each permit separately. Table 29: Waste landfill adjoining an installation landfill Condition Charge Permit is determined in accordance with Transitional Waste Table 3 or 4 Sum due (either alone or in conjunction with other tables), and the land specified in reduced by the permit adjoins (*) an Installation which is a landfill operated by the 10%. same permit holder. (*) Land specified in one of the permits shall be treated as adjoining land specified in another of the permits notwithstanding that the areas of land are separated by a highway. Section 5.2 Permit regimes - Waste 48 (2) The following information on the waste recovery review charge is specific to Waste facilities: Before we can issue an environmental permit for a waste operation that includes permanent deposit of waste as a recovery activity, we have to make an assessment of the waste recovery plan (WRP). This involves an assessment of whether the activity constitutes a recovery activity under the Waste Framework Directive. The initial assessment is included in the permit application charge. If an approved WRP under a standard rules permit changes after the permit is determined, that re-assessment is not currently covered by the subsistence charge. We therefore apply a charge of £350 for any subsequent re-assessment of a WRP required during the operation of a standard rules permit. This charge will be triggered by a request for a change to the WRP. Any amendments to a WRP approved under a bespoke permit will still require a permit variation. (3) The following information on the Materials Facilities charge is specific to Waste facilities: The charge relates to some operators who sort 1,000 tonnes per year or more of mixed dry household or household-like waste material, to produce glass, metal, paper or plastic recyclate. Operators are required to sample, record and report on a quarterly basis to the Environment Agency who, as regulator, will conduct inspections, assess compliance and if appropriate take enforcement action. Operators of Materials Facilities must assess whether they qualify (using the questions below) and, if they do, must notify us at MFregs@environment-agency.gov.uk If you can answer yes to all of the following questions you meet the criteria for these regulations and therefore you need to notify us. By notifying us you will attract an additional subsistence charge. Do you have an environmental permit allowing you to take in mixed household or similar waste in order to separate it into dry recyclables? Is any of the mixed dry household (or similar waste) you take in made up of at least 50% by weight, of 2 or more of: glass, metal, paper or plastic? Is your annual intake at least 1000t of this material? Do you sort into the following target recyclates: glass, metal, paper or plastic? Is any of the specified output material going for sale or transfer to other facilities/persons to enable it to be recycled by them? The current annual charge is £2,240. The charge covers additional regulatory costs specific to the regulations and is in addition to the annual subsistence charge for the permit. The charge will be raised annually in arrears on a calendar year basis - the charge for 2015 will be levied in April 2016. You may withdraw notifications at any time if you consider that your facility is no longer likely to qualify for the regulation and charge. Where a notification is withdrawn, charges will terminate from the start of the reporting period immediately following the date of receipt of the withdrawal notice. No refunds will be made for notified periods. For example, if you notified us on the 1 January 2015 and subsequently withdraw the notification on 20 August 2015 the notification would cover three of the reporting periods for the year, so the charge levied in April 2016 would be ¾ x £2240 = £1680. Section 5.2 Permit regimes - Waste 49 (4) The following information on default charges is specific to Waste facilities: (for Standard Permits introduced after 1 April 2015) New standard permits will be placed into the most appropriate existing charge band. We will identify the charge for each new proposed standard permit when we consult on the permit and confirm our response. The charge bands accorded to a default standard facility will be selected from the following table: Charge bands available for a Waste default standard facility Charge Band S030A (W) Application charge £400 Charge Band S035T (W) Transfer charge £720 Charge Band S040S (W) Surrender charge £540 Charge Subsistence Band charge S030C (W) £156 S040A (W) £720 S040T (W) £980 S045S (W) £1,540 S040C (W) £310 S050A (W) £980 S050S (W) £2,540 S050C (W) £520 S060A (W) £1,630 S060S (W) £3,590 S060C (W) £780 S070A (W) £1,950 S074C (W) £1,280 S080C (W) £1,580 S090C (W) £2,040 S100C (W) £2,490 S120C (W) £3,420 Section 5.2 Permit regimes - Waste 50 Tier 2 Waste charges Table 30: Waste - tier 2 charges Charge type Charge method Application charge Fixed rate: table 33 (Standard Permits) Fixed rate: table 32 (Bespoke waste facilities) (You can no longer apply for a Fixed Condition Licence) Subsistence charge Fixed rate: table 33 (Standard Permits/Fixed Condition Licences) Fixed rate: table 32 (Bespoke waste facilities) Adjusted for compliance (table 31) Variation charge (see section 4.3 for administrative and minor technical variations) Fixed rate: table 33 (Standard Permits) Transfer charge Fixed rate: table 33 (Standard Permits/Fixed Condition Licences) Fixed rate: table 32 (Bespoke waste facilities) ( A normal variation is not applicable to standard facilities) Fixed rate: table 32 (Bespoke waste facilities) (Full or partial transfer) Surrender charge Fixed rate: table 33 (Standard Permits/Fixed Condition Licences) Fixed rate: table 32 (Bespoke waste facilities) Table 31: Waste - tier 2 subsistence charge compliance band adjustment Tier 2 subsistence charge compliance band adjustment Compliance band A B C D E F % of base charge 100% 100% 110% 125% 150% 300% Section 5.2 Permit regimes - Waste 51 Table 32: Waste - tier 2 bespoke permit charge rates Bespoke waste facilities Application Normal Variation* Transfer Surrender Subsistence Pet cemetery £400 £143 £380 £380 £156 Waste motor vehicle facility (<2500t authorised by environmental permit prior to 1 April 2006) N/A £1,960 £980 £3,590 £780 Landfill gas facility (not being charged in conjunction with a Transitional Waste Table 3 or 4 bespoke waste permit) £3,750 £1,960 £980 £2,540 £2,910 Composting Same as SR2011 No1 or SR2010 No14 but location requires assessment N/A £1,960 £980 £1,540 £1,000 Use of wastes in construction – up to 50,000 tonnes Same as SR2010 No7 but location requires assessment £2,640 £1,960 £980 £3,590 £1,580 Use of wastes in construction – 50,001 to 100,000 tonnes Same as SR2010 No8 but location requires assessment £2,640 £1,960 £980 £3,590 £2,040 Use of wastes for reclamation, restoration or improvement of land - up to 50,000 tonnes Same as SR2010 No9 but location requires assessment £2,640 £1,960 £980 £3,590 £1,580 Use of wastes for reclamation, restoration or improvement of land -50,001 to 100,000 tonnes Same as SR2010 No10 but location requires assessment £2,640 £1,960 £980 £3,590 £2,040 Treatment of waste to produce soil, soil substitutes, road-stone and aggregate up to 75,000 tonnes Same as SR2010 No12 but location requires assessment £2,640 £1,960 £980 £3,590 £1,580 Manufacture of timber and construction products from waste up to 75,000 tonnes Same as SR2010 No13 but location requires assessment £2,640 £1,960 £980 £3,590 £2,040 * See section 4.3 for administrative and minor technical variations Section 5.2 Permit regimes - Waste 52 Table 33: Waste - tier 2 Standard Permit and Fixed Condition Licence charge rates This table only contains charge rates; please see Schedule 1 Part 2 Chapter 3 of the Charging Scheme for descriptions of the Standard Permits and Fixed Condition Licences listed. Permits relating to specific charging regimes can be found in the relevant regime section. Normal variations do not apply to Standard Permits. Admin and Minor Technical variations are covered in section 4.3. Standard permits Rules number Application Transfer Standard permits Surrender Subsistence Application Transfer Surrender SR2008 No1 £1,630 £980 £3,590 £2,490 SR2010 No17 Rules number £1,630 £980 £1,540 Subsistence £780 SR2008 No2 £1,630 £980 £3,590 £2,490 SR2010 No18 £1,630 £980 £1,540 £1,580 SR2008 No3 £1,630 £980 £3,590 £2,490 SR2011 No 1 £1,630 £980 £1,540 £780 SR2008 No4 £1,630 £980 £3,590 £2,490 SR2011 No 2 £1,630 £980 £3,590 £1,280 SR2008 No5 £1,630 £980 £3,590 £3,420 SR2011 No 3 £1,630 £980 £3,590 £780 SR2008 No6 £1,630 £980 £3,590 £3,420 SR2011 No 4 £1,630 £980 £1,540 £1,580 SR2008 No7 £1,630 £980 £3,590 £3,420 SR2012 No3 £1,630 £980 £3,590 £2,490 SR2008 No8 £1,630 £980 £3,590 £3,420 SR2012 No7 £1,630 £980 £3,590 £2,490 SR2008 No9 £1,630 £980 £3,590 £2,040 SR2012 No10 £1,630 £980 £1,540 £1,580 SR2008 No10 £1,630 £980 £3,590 £2,040 SR2012 No12 £1,630 £980 £1,540 £2,490 SR2008 No11 £1,630 £980 £3,590 £2,040 SR2012 No14 £1,630 £980 £3,590 £1,580 SR2008 No12 £1,630 £980 £3,590 £2,490 SR2012 No15 £1,630 £980 £3,590 £2,040 SR2008 No13 £1,630 £980 £3,590 £2,490 SR2013 No1 £1,630 £980 £540 £780 SR2008 No14 £1,630 £980 £3,590 £2,040 SR2014 No2 £1,630 £980 £2,540 £2,490 SR2008 No15 £1,630 £980 £3,590 £2,040 SR2008 No16 N/A £980 £3,590 £2,490 SR2008 No17 N/A £980 £3,590 £2,490 SR2008 No18 £1,630 £980 £3,590 £2,490 SR2008 No19 £1,630 £980 £3,590 SR2008 No20 £1,630 £980 £3,590 SR2008 No21 £1,630 £980 SR2008 No22 £1,630 £980 SR2008 No23 £1,630 SR2008 No24 £1,630 SR2008 No25 Fixed condition licences Normal Variation Transfer Surrender Subsistence FCL1 £1,960 £980 £3,590 £2,490 £3,420 FCL2 £1,960 £980 £3,590 £2,490 £2,490 FCL3 £1,960 £980 £3,590 £3,420 £3,590 £2,490 FCL4 £1,960 £980 £3,590 £3,420 £3,590 £2,040 FCL5 £1,960 £980 £3,590 £2,040 £980 £3,590 £2,910 FCL6 £1,960 £980 £3,590 £2,040 £980 £3,590 £2,910 FCL7 £1,960 £980 £3,590 £2,040 £1,630 £980 £3,590 £3,940 FCL8 £1,960 £980 £3,590 £2,490 SR2008 No26 £1,630 £980 £3,590 £780 FCL9 £1,960 £980 £3,590 £2,490 SR2009 No1 £400 £380 £380 £156 FCL10 £1,960 £980 £3,590 £2,490 SR2009 No4 £1,630 £980 £2,540 £780 FCL11 £1,960 £980 £3,590 £2,490 SR2009 No5 £1,630 £980 £3,590 £2,490 FCL12 £1,960 £980 £3,590 £2,490 SR2009 No6 £1,630 £980 £3,590 £2,490 FCL12 <2.5k t £1,960 £980 £3,590 £780 SR2009 No7 £1,630 £980 £3,590 £2,490 FCL13 £1,960 £980 £3,590 £2,040 SR2010 No7 £1,950 £980 £540 £1,580 FCL14 £1,960 £980 £3,590 £2,490 SR2010 No8 £1,950 £980 £540 £2,040 FCL15 £1,960 £980 £3,590 £2,490 SR2010 No9 £1,950 £980 £540 £1,580 FCL16 £1,960 £980 £3,590 £780 SR2010 No10 £1,950 £980 £540 £2,040 FCL17 £1,960 £980 £3,590 £3,420 SR2010 No12 £1,630 £980 £1,540 £1,580 FCL18 £1,960 £980 £3,590 £2,910 SR2010 No13 £1,630 £980 £1,540 £1,580 FCL19 £1,960 £980 £3,590 £2,910 SR2010 No14 £1,630 £980 £1,540 £780 FCL20 £1,960 £980 £3,590 £3,940 SR2010 No15 N/A £980 £1,540 £2,490 FCL21 £1,960 £980 £3,590 £2,040 SR2010 No16 N/A £980 £1,540 £1,580 FCL22 £1,960 £980 £3,590 £2,490 Number Section 5.2 Permit regimes - Waste 53 Tier 3 Waste charges Table 34: Waste - tier 3 charges Charge type Charge method Application charge Opra score, derived from Opra weighting factors (table 35), multiplied by relevant Opra multiplier (table 36) Subsistence charge Fixed rate as specified in table 38 (Transitional Waste Tables 1 to 4, 6 and 7), adjusted for compliance (table 37) Variation charge (see section 4.3 for administrative and minor technical variations) Opra score, derived from Opra weighting factors (table 35), Transfer charge Part transfer £3,000 multiplied by relevant Opra multiplier (table 36) Full transfer £2,000 Surrender charge Opra score, derived from Opra weighting factors (table 35), multiplied by relevant Opra multiplier (table 36) Groundwater assessment Initial review £1,010 Further review (if required) £3,660 Table 35: Waste - Opra weighting table Attribute Complexity Emissions Note each activity is scored Air Water Land Waste input Sewer Off-site waste Location Operator Performance Band Score A B 4 10 C 35 D 50 E 65 3 7 15 30 40 1 2 2 4 3 7 5 10 7 14 Table 36: Waste - tier 3 Opra charge multipliers Charge Permit Application charge Subsistence charge Normal Variation charge Full Surrender charge Part Surrender charge Waste facility Multiplier (£) 172 N/A 140 125 125 Table 37: Waste - tier 3 subsistence charge compliance band adjustment Tier 3 subsistence charge compliance band adjustment Compliance band A B C % of base charge 95% 100% 110% Section 5.2 Permit regimes - Waste D 125% E 150% 54 F 300% Table 38: Waste - tier 3 Transitional Waste Table subsistence bands This table only contains charge rates; please see Schedule 3 of the Charging Scheme for descriptions of permit bands listed. Table 8 (Mining Waste) can be found in the relevant charging regime section. Table 5 was previously used for Mobile Plant but is not a current charge table. Band Charge Band Charge Band Charge Band Charge T1A/a/1 £3,220 T2A/a/1 £161 T3A/a/1 £6,180 T4A/a/1 £700 T1A/a/2 £4,090 T2A/a/2 £330 T3A/a/2 £11,640 T4A/a/2 £920 T1A/a/3 £5,030 T2A/a/3 £480 T3A/a/3 £15,480 T4A/a/3 £1,170 T1A/a/4 £6,700 T2C/a/1 £1,780 T3A/b/1 £8,240 T4A/b/1 £780 T1A/b/1 £1,730 T2C/a/2 £2,130 T3A/b/2 £16,680 T4A/b/2 £1,050 T1A/b/2 £2,350 T2C/a/3 £2,770 T3A/b/3 £22,180 T4A/b/3 £1,320 T1A/b/3 £2,610 T2C/a/4 £3,690 T3A/b/4 £32,700 T4A/b/4 £1,750 T1A/b/4 £3,430 T2C/b/1 £1,030 T3A/c/1 £2,070 T4A/c/1 £297 T1A/c/1 £1,170 T2C/b/2 £1,460 T3A/c/2 £2,980 T4A/c/2 £350 T1A/c/2 £1,440 T2C/b/3 £1,890 T3A/c/3 £4,940 T4A/c/3 £450 T1A/c/3 £1,880 T2C/b/4 £2,550 T3A/c/4 £6,570 T4A/c/4 £610 T1A/c/4 £2,500 T2C/c/1 £780 T3A/d/1 £4,130 T4A/d/1 £470 T1A/d/1 £780 T2E/a/1 £4,840 T3A/d/2 £6,580 T4A/d/2 £670 T1B/a/1 £8,210 T2E/a/2 £7,090 T3A/d/3 £8,760 T4A/d/3 £890 T1B/a/2 £10,600 T2E/a/3 £9,250 T3A/e/1 £151 T4A/e/1 £151 T1B/a/3 £12,960 T2E/a/4 £12,300 T3A/f/1 £6,090 T4A/f/1 £590 T1B/a/4 £17,230 T2E/b/1 £1,030 T3A/f/2 £9,200 T4A/f/2 £810 T1B/b/1 £2,130 T2E/b/2 £1,690 T3A/f/3 £12,230 T4A/f/3 £1,080 T1B/b/2 £2,760 T2E/b/3 £2,710 T3A/g/1 £2,530 T4A/g/1 £320 T1B/b/3 £3,450 T2E/b/4 £3,590 T3B/a/1 £850 T1B/b/4 £4,590 T2E/c/1 £1,980 T6A/a/1 £2,530 T1B/c/1 £1,400 T2E/c/2 £2,860 T1B/c/2 £1,910 T2E/c/3 £4,130 T7A/a/1 £3,320 T1B/c/3 £2,510 T2E/c/4 £5,480 T7B/a/1 £3,320 T1B/c/4 £3,330 Section 5.2 Permit regimes - Waste 55 5.3. Mining Waste Guidance in this section covers charges for Mining Waste operations. It is important that you are familiar with the sections 1-3 covering the general aspects of permits and charging before reading this section. You may also need a groundwater activity or water discharge activity as part of your Mining Waste operation permit. Full details of charges for Groundwater Activities (land spreading) can be found in section 5.5 and for Water Discharge Activities and Groundwater Activities (point source) in section 5.6. Charges for permits for Mining Waste operations are either: tier 2: A Mining Waste operation that does not include a Category A Mining Waste facility or a Mining Waste facility involving management of hazardous extractive waste; Standard rules (management of inert extractive wastes); Bespoke Mining Waste operation (inert); Bespoke Mining Waste operation (non-inert, non-hazardous). Or, tier 3: A bespoke Mining Waste operation which includes a Category A Mining Waste facility or; A Mining Waste operation involving the management of hazardous waste. Note: The charge for a Mining Waste operation is the same regardless of how many Mining Waste facilities are including in the operation. References to facility throughout the charging scheme and guidance only refer to Mining Waste facility where explicitly stated. Charges for a tier 3 Mining Waste operation application, variation or surrender are linked to the Mining Waste Opra profile. All other charges are fixed. A Mining Waste operation may be included in the same permit as another regulated facility at the same site. This will frequently be a water discharge or groundwater activity, but could also be an Installation or Waste operation. In all cases a separate charge is applicable for the Mining Waste operation as well as the other regulated facility. We expect many new Mining Waste operation permit applications to be made as applications to vary an existing environmental permit, usually an existing water discharge permit. In all cases the variation application charge will be equivalent to the relevant application charge for a new Mining Waste operation. When adding a new regulated facility to a permit, the variation charge reflects the activity being added not the pre-existing activity. The subsistence charge for the new permit will be the sum of the pre-existing subsistence charge plus the subsistence charge for the Mining Waste operation. For a Mining Waste operation where there is an existing water discharge consent in place, and the operation would meet all the requirements of the published standard rules, apart from the condition about no integral point source discharge, we will allow the application process and charges to be the same as though the standard rules were being applied for. Section 5.3 Permit regimes – Mining Waste 56 What we charge for: General information Main charges Section Page(s) Application for new permit 4.1 21 to 22 Subsistence 4.2 22 to 23 Variation 4.3 23 to 32 Transfer 4.4 33 to 36 Surrender 4.5 37 to 38 Regime specific information notes Default charges (1) (1) The following information on default charges is specific to mining waste: (for Standard Permits introduced after 1 April 2015) New standard permits will be placed into the most appropriate existing charge band. We will identify the charge for each new proposed standard permit when we consult on the permit and confirm our response. The charge bands accorded to a default standard facility will be selected from the following table: Charge bands available for a Mining Waste default standard facility Charge Band S030A (W) Application charge £400 Charge Band S035T (W) Transfer charge £720 Charge Band S040S (W) Surrender charge £540 Charge Band S030C (W) Subsistence charge £156 S040A (W) £720 S040T (W) £980 S045S (W) £1,540 S040C (W) £310 S050A (W) £980 S050S (W) £2,540 S050C (W) £520 S060A (W) £1,630 S060S (W) £3,590 S060C (W) £780 S070A (W) £1,950 S074C (W) £1,280 S080C (W) £1,580 S090C (W) £2,040 S100C (W) £2,490 S120C (W) £3,420 Tier 2 Mining Waste charges Table 39: Mining Waste - tier 2 charges Charge type Charge method Application charge Fixed rate (table 45) Subsistence charge Fixed rate (table 45), adjusted for compliance (table 40) Variation charge Fixed rate (table 45), not applicable to standard facilities (see section 4.3 for administrative and minor technical variations) Transfer charge Fixed rate (table 45) Surrender charge Fixed rate (table 45) Table 40: Mining Waste tier 2 subsistence charge compliance band adjustment Tier 2 subsistence charge compliance band adjustment Compliance band A B C D E F % of base charge 100% 100% 110% 125% 150% 300% Section 5.3 Permit regimes – Mining Waste 57 Tier 3 Mining Waste charges Table 41: Mining Waste - tier 3 charges Charge type Charge method Application charge Opra score, derived from Opra weighting factors (table 42), multiplied by relevant Opra multiplier (table 43) Subsistence charge £3,940, adjusted for compliance (table 44) Variation charge (see section 4.3 for administrative and minor technical variations) Opra score, derived from Opra weighting factors (table 42), multiplied by relevant Opra multiplier (table 43) Transfer charge Partial transfer £3,000 Full transfer £2,000 Surrender charge Opra score, derived from Opra weighting factors (table 42) multiplied by relevant Opra multiplier (table 43) Table 42: Mining Waste - Opra weighting table Attribute Complexity Emissions Band Score A B Air Water Land Waste input Sewer Off-site waste Location Operator Performance C 35 D E 5 10 7 14 15 1 2 2 4 3 7 Table 43: Mining Waste - Opra charge multipliers Charge Permit Application Charge Normal Variation Charge Substantial Variation Charge Full Surrender Charge Partial Surrender Charge Mining Waste Multiplier (£) 172 140 140 125 125 Table 44: Mining Waste tier 3 subsistence charge compliance band adjustment Tier 3 subsistence charge compliance band adjustment Compliance band A B C % of base charge 95% 100% 110% Section 5.3 Permit regimes – Mining Waste D 125% E 150% 58 F 300% Table 45: Mining Waste charges summary Permit activity Permit type Rules No. (where applicable) Application Normal Variation* Part Transfer Full Transfer Full or partial surrender Subsistence Management of inert extractive wastes at mines and quarries Tier 2 SR2009 £980 N/A £980 £980 £540 £156 Standard facility No8 Management of inert extractive wastes at mines and quarries Tier 2 (bespoke - created through variation of a water discharge activity, to add conditions from SR2009 No8) N/A £980 £980 £980 £980 £540 £156 Inert Mining Waste operation Tier 2 N/A £980 £980 £980 £980 £540 £520 Non-inert Mining Waste operation with a non-inert Mining Waste facility Tier 2 N/A £2,640 £1,960 £980 £980 £3,590 £1,000 Non-inert Mining Waste operation without a Mining Waste facility Tier 2 N/A £2,640 £1,960 £980 £980 £540 £1,000 Mining Waste operations which include a Category A Mining Waste facility or a Mining Waste facility involving the management of hazardous waste. Tier 3 bespoke N/A Opra Score Opra Score £3,000 £2,000 Opra Score £3,940 x x x Opra multiplier (£172) Opra multiplier (£140)(1) Opra multiplier (£125) (bespoke conditions) (bespoke conditions) (bespoke conditions) (Transitional Waste Table 8) (1) This rate also applies to a substantial variation * See section 4.3 for administrative and minor technical variations. Section 5.3 Permit regimes – Mining Waste 59 5.4. Mobile Plant Guidance in this section covers charges for mobile plant operations. It is important that you are familiar with the sections 1-3 covering the general aspects of permits and charging before reading this section. Charges for permits for mobile plant are either: tier 2: Standard rules permit for the treatment of waste soils & contaminated materials, substances or products; Standard rules permit for land spreading (for agricultural or ecological benefit); Standard rules permit for reclamation, restoration or improvement of land; Standard rules permit for land spreading of sewage sludge; Standard rules permit for the treatment of waste to produce soil, soil substitutes and aggregate. Or, tier 3: Any other waste operation permitted as mobile plant defined as: land remediation; or waste treatment; or spreading of waste to land for recovery. Mobile plant are different to site based permits in that they have a simpler permit application process and surrender is simply by notification. Before the plant is deployed, a deployment form must be submitted and approved. We then need to monitor compliance. Some deployment charges are based on risk levels. Risk definitions can be found in table 53. What we charge for: General information Main charges Section Page(s) Application for new permit 4.1 21 to 22 Deployment charge (1) Variation 4.3 23 to 32 Transfer 4.4 33 to 36 Default charges Regime specific information notes (2) (1) The following information on deployment charges is specific to mobile plant: With site based permits we recover all the costs we incur in the ongoing regulation of a facility through annual subsistence charges that may be adjusted by the compliance performance of the respective facility. For mobile plant permits there is no ongoing annual subsistence. Instead, a charge is applicable for each deployment notification submitted. This is payable at the same time as the deployment is notified for assessment. Section 5.4 Permit regimes – Mobile Plant 60 The income generated will ensure we recover the costs of properly assessing all types of deployments, and also undertake a level of monitoring of compliance that is proportionate to the environmental risk. Compliance monitoring is especially important for mobile plant permits as the surrender requirements are so minimal. Compliance of deployments made during 2014 have been scored in the usual way and an operator’s deployment charge will be adjusted in accordance with performance, where applicable, from April 2015 at the following rates: Table 46: Mobile Plant - tier 2 deployment charge compliance band adjustment Tier 2 subsistence charge compliance band adjustment Compliance band A B C % of base charge 100% 100% 110% D 125% E 150% F 300% Table 47: Mobile Plant - tier 3 deployment charge compliance band adjustment Tier 3 subsistence charge compliance band adjustment Compliance band A B C % of base charge 95% 100% 110% D 125% E 150% F 300% Each land remediation deployment covers a period of up to 12 months from first deployment. The deployment charge for all other types of Mobile Plant covers a period of up to 12 months from when it is agreed, i.e. the charge is per deployment or per annum if the deployment lasts longer than 12 months. For SR2010 No4, SR2010 No5 and SR2010 No6, one deployment is limited to 50 hectares and a maximum of 10 waste streams. (2) The following information on default charges is specific to mobile plant: (for Standard Permits introduced after 1 April 2015) New standard permits will be placed into the most appropriate existing charge band. We will identify the charge for each new proposed standard permit when we consult on the permit and confirm our response. The charge bands accorded to a default standard facility will be selected from the following table: Charge bands available for a Mobile Plant default standard facility Charge Band S030A (W) Application charge £400 Charge Band S035T (W) Transfer charge £720 Charge Band S045C (W) Deployment charge £410 S040A (W) £720 S040T (W) £980 S060C (W) £780 S050A (W) £980 S070C (W) £1,000 S060A (W) £1,630 S074C (W) £1,280 S070A (W) £1,950 S100C (W) £2,490 Section 5.4 Permit regimes – Mobile Plant 61 Tier 2 Mobile Plant charges Table 48: Mobile Plant - tier 2 charges Charge type Charge method Application charge Fixed rate (table 52) Deployment charge Fixed rate (table 52), adjusted for compliance (table 46) Variation charge Normal variation charge does not apply - see section 4.3 for administrative and minor technical variations Transfer charge Fixed rate (table 52), full transfer only Tier 3 Mobile Plant charges Table 49: Mobile Plant - tier 3 charges Charge type Charge method Application charge Opra score, derived from Opra weighting factors (table 50), multiplied by relevant Opra multiplier (table 51) Deployment charge Fixed rate (table 52), adjusted for compliance (table 47) Variation charge (see section 4.3 for administrative and minor technical variations) Opra score, derived from Opra weighting factors (table 50), multiplied by relevant Opra multiplier (table 51) Transfer charge Fixed rate (table 52), full transfer only *See section 4.3 for administrative and minor technical variations. Table 50: Mobile Plant - Waste operation - Opra weighting table Attribute Complexity Emissions Note each activity is scored Air Water Land Waste input Sewer Off-site waste Location Operator Performance Band Score A B 4 10 C 35 D 50 E 65 7 10 14 7 1 2 4 Table 51: Mobile Plant - tier 3 Opra charge multipliers Charge Waste operation Multiplier (£) Permit Application Charge Normal Variation Charge Section 5.4 Permit regimes – Mobile Plant 172 140 62 Table 52: Mobile Plant - charges summary * See section 4.3 for administrative and technical variations Permit activity Permit type Rules No. (where applicable) **See table 53 for risk definition Application Normal Variation* Full Transfer Subsistence charge payable on submission of an application to deploy** Lower risk deployment Medium risk deployment Higher risk deployment Mobile plant for the treatment of Tier 2 waste soils & contaminated Standard facility materials, substances or products SR2008 No27 Mobile plant for land spreading (for agricultural or ecological benefit) Tier 2 Standard facility SR2010 No4 £410 £780 £1,000 Mobile plant for reclamation, restoration or improvement of land Tier 2 Standard facility SR2010 No5 N/A £780 £1,000 Mobile plant for land spreading of sewage sludge Tier 2 Standard facility SR2010 No6 N/A £780 £1,000 Mobile plant for the treatment of waste to produce soil, soil substitutes and aggregate Tier 2 Standard facility SR2010 No11 £410 £780 N/A Waste facility mobile plant used for waste land remediation Tier 3 Bespoke N/A Opra score Opra score Waste facility mobile plant used for spreading waste to land for recovery Tier 3 Bespoke N/A x Opra multiplier (£172) x Opra multiplier (£140) £780 £1,000 Waste facility mobile plant used for waste treatment Tier 3 Bespoke N/A Section 5.4 Permit regimes – Mobile Plant £720 N/A £720 £2,000 £2,490 £2,490 £410 £2,490 63 Table 53: Mobile Plant - risk definitions (where differences apply) Facility type Lower risk deployment Medium risk deployment Higher risk deployment SR2010 No4 Mobile plant for land spreading (for agricultural or ecological benefit) List A wastes outside of Source Protection Zone 2 and not within 500m of a European site / Ramsar or SSSI site. List A wastes within Source Protection Zone 2 or within 500m of a European site / Ramsar or SSSI site. List B wastes within Source Protection Zone 2 or within 500m of a European site / Ramsar or SSSI site. List B wastes outside of Source Protection Zone 2 and not within 500m of a European site / Ramsar or SSSI site. Any single list B waste within Source Protection Zone 2 or within 500m of a European site / Ramsar or SSSI site. SR2010 No5 Mobile plant for reclamation, restoration or improvement of land N/A . Any listed wastes outside Source Protection Zone 2 and not within 500m of a European site / Ramsar or SSSI site. Any listed wastes within Source Protection Zone 2 or within 500m of a European site / Ramsar or SSSI site. SR 2010 No11 Mobile plant for the treatment of waste to produce soil, soil substitutes and aggregate Any permitted wastes at a site outside of Source Protection Zone 1 or 2 and not within 500m of a European site / Ramsar or SSSI site. Any permitted wastes at a site within a Source Protection Zone 1 or 2 or within 500m of a European site / Ramsar or SSSI site. N/A. Any waste spread to land for recovery “lower risk”, “medium risk” and “higher risk” in relation to the deployment of waste mobile plant, have the same meanings as above, except that where the waste to be treated in that deployment is not listed in standard rules SR2010 No4, SR2010 No5 or SR2010 No6, the deployment shall be deemed to be “higher risk”. SR2010 No6 Mobile plant for land spreading of sewage sludge Section 5.4 Permit regimes – Mobile Plant 64 5.5. Groundwater Activities (land spreading) Guidance in this section covers charges for groundwater activities relating to the discharge of used sheep dip, waste pesticide washings, solids or other waste substances (i.e. land spreading activities). These may be standalone permits for groundwater activities or part of another permit (e.g. mining waste operation). Charges for environmental permits for other groundwater activities, such as the point source discharge of treated sewage effluent to ground, are covered in Section 5.6 Water Discharge Activities and Groundwater (point source) activities. In the context of previous legislation, the charge for any permit that was previously charged under the Groundwater Regulations 2009 is described in this section. The charge for any groundwater activity that was previously consented under the Water Resources Act is covered in Section 5.6 Water Discharge Activities and Groundwater (point source) Activities. It is important that you are familiar with the sections 1-3 covering the general aspects of permits and charging before reading this section. Groundwater charges are derived from tier 2 of the UCF and are fixed charges. Under our risk based charging scheme, charges are modified by how well, or how poorly an operator complies with their permit. However for 2015/16 we do not propose to introduce any adjustment to our charges based upon compliance. What we charge for: General information Main charges Section Page(s) Application for new permit 4.1 21 to 22 Subsistence 4.2 22 to 23 Variation 4.3 23 to 32 Default charges Regime specific information notes (1) (2) (3) (1) The following information on variations is specific to groundwater (land spreading) activities: When your application is issued it will contain an effective date and subsistence charges will be applied from that date. Pre application advice is aimed to be kept to a minimum as there is currently no charge levied. (2) The following information on variations is specific to groundwater (land spreading) activities: A low value variation charge of £75 is available to cover migrations from an existing permit for small volume liquid discharges to Standard Permit 2010 No19 when that permit becomes available. (3) The following information on default charges is specific to groundwater (land spreading) activities: (for Standard Permits introduced after 1 April 2015) New standard permits will be placed into the most appropriate existing charge band. We will identify the charge for each new proposed standard permit when we consult on the permit and confirm our response. Section 5.5 Groundwater Activities (land spreading) 65 The charge bands accorded to a default standard facility will be selected from the following table: Charge bands available for Groundwater Activities default standard facilities Charge Band S030A Application charge £390 Charge Band S030C Subsistence charge £152 S040A £700 S040C £300 S050A £950 S050C £510 S060A £1,590 S060C £760 S070A £1,900 S074C £1,250 S080C £1,540 S090C £1,990 S100C £2,420 S120C £3,330 Groundwater charges Table 54: Groundwater Activities - charges Charge type Charge method Application charge Fixed rate table 55 (liquid discharges) Subsistence charge Variation charge (see section 4.3 for administrative variations) Fixed rate table 56 (solid discharges) Section 5.5 Groundwater Activities (land spreading) 66 Table 55: Groundwater Activities - charges for liquid discharges Permit type Sheep dip volume Pesticide washings vol. Small liquid discharges (bespoke) Less than or equal to 10 m3/yr Medium liquid discharge (bespoke) Large liquid discharge (bespoke) Application charge Normal variation Transfer charge Surrender charge Subsistence charge All volumes £390 £75 £0 £0 £153.90 Greater than 10 m3/yr but less than or equal to 50 m3/yr N/A £600 £370 £0 £0 £510 Greater than 50 m3/yr N/A £960 £530 £0 £0 £3,840 Table 56: Groundwater Activities - charges for solid discharges Permit name Solid Mass Application Charge Normal variation Transfer Charge Surrender Charge Subsistence Charge Small solid discharges (bespoke) Less than or equal to 8 tonnes £700 £370 £0 £0 £300 Medium solid discharge (bespoke) Greater than 8 but less than or equal to 100 tonnes £1,590 £530 £0 £0 £510 Large solid discharge (bespoke) Greater than 100 tonnes £7,190 £2,400 £0 £0 £3,840 Section 5.5 Groundwater Activities (land spreading) 67 5.6. Water Discharge Activities (WDA) and Groundwater Activities (point source) Water Discharge Activities and Groundwater activities (point source) are one of the regimes that are incorporated under the Environmental Permitting (England and Wales) Regulations 2010. All extant discharge consents (which did not automatically become exempt registrations) automatically migrated to bespoke EP permits on 6 April 2010. It is important that you are familiar with the sections 1-3 covering the general aspects of permits and charging before reading this section. Charges for permits for Water Discharge Activities (WDA) and Groundwater Activities (point source) are for either: standard rules permits for discharge to surface water from cooling water and heat exchangers (SR2010 No2); standard rules permits for discharge to surface water of secondary treated domestic sewage with a maximum daily volume between 5 and 20 cubic metres per day (SR2010 No3); or bespoke permits for any other discharge to surface water or groundwater. As an interim measure these permits will continue to be charged for subsistence using the established formulaic method of: Volume Factor, Content Factor, Receiving Water Factor, Annual Charge Financial Factor. Further detail on the subsistence charge calculation can be found in Schedule 4 of the EP Charging Scheme which can be found at the end of this document. In future these permits are expected to migrate to the UCF and be subject to tier 2 and tier 3 charging arrangements. What we charge for: General information Main charges Section Page(s) Application for new permit Subsistence (Annual Charge Financial Factor) Variation Default charges 4.1 4.2 21 to 22 22 to 23 4.3 23 to 32 Regime specific information notes (1) (2) & EP Charging Scheme Schedule 4 (3) (4) (1) The following information on applications is specific to Water Discharge Activities and Groundwater Activities (point source): The Standard Application Charge is payable except when the Reduced Application Charge is payable. Pre application advice is aimed to be kept to a minimum as there is currently no charge levied. Section 5.6 Permit regimes – WDA and Groundwater Activities (point source) 68 If you want to amend an application, before it has been determined, in a way that will require further public consultation (for example, if there is a change to the proposed operator) then you have to pay another application charge. (2) The following information on subsistence is specific to Water Discharge Activities and Groundwater Activities (point source): Effective date for charging If a permit is issued during the financial year it is chargeable from the effective date. A bespoke permit can only be charged from a later date if the discharge has not yet commenced and the permit specifies a future start date or requires prior notice to be given. This does not apply to standard rules permits so these should not be applied for until they are required. (3) The following information on variations is specific to Water Discharge Activities and Groundwater Activities (point source): Examples of changes not classed as administrative variations These, will be charged for at the appropriate standard or reduced variation charge rates as listed in table 57. There may be some cases where we may agree to amend the permit as an Environment Agency led variation. A variation which requires any technical assessment or consultation is not an administrative-only variation, unless an assessment under the groundwater permit review, which will be regulator initiated variations. Multiple or frequent requests for administrative changes on a significant number of permits or for one permit within a short time period, will not be considered reasonable as administrative variations for the purpose of being free of charge. If the Environment Agency does not agree that it is an administrative variation - such as there is no environmental benefit or uses our resources unnecessarily and is of no material consequence (e.g. a condition which has been issued but already covered by legislation). Table 57: WDA and Groundwater Activities (point source) charges Charge Type Standard Application and Variation Charge* Reduced Application and Variation Charge*(1) Annual Charge Financial Factor *See section 4.3 for administrative variations. Charge £885 £125 £684 (1) The reduced charge applies where the effluent is any of the following – sewage effluent where the proposed volume is 5 cubic metres or less per day; sewage effluent which contains trade effluent or other matter where the proposed volume is 5 cubic metres or less per day; trade effluent from cooling or heat exchange where the proposed volume is 10 cubic metres or less per day; surface water not containing trade effluent; site drainage. Section 5.6 Permit regimes – WDA and Groundwater Activities (point source) 69 (4) The following information on default charges is specific to Water Discharge Activities and Groundwater Activities (point source): (For Standard Permits introduced after 1 April 2015) New standard permits will be placed into the most appropriate existing charge band. We will identify the charge for each new proposed standard permit when we consult on the permit and confirm our response. The charge bands accorded to a default standard facility will be selected from the following table: Charge bands available for WDA and Groundwater Activities (point source) default standard facilities Charge Band S030A Application charge £390 Charge Band S030C Subsistence charge £152 S040A £700 S040C £300 S050A £950 S050C £510 S060A £1,590 S060C £760 S070A £1,900 S074C £1,250 S080C £1,540 S090C £1,990 S100C £2,420 S120C £3,330 Section 5.6 Permit regimes – WDA and Groundwater Activities (point source) 70 5.7. Radioactive Substances Activities Before reading this section you need to know what permits you require or that you already hold. If you aren't sure what you need to apply for, please look at the information provided at the following links: https://www.gov.uk/government/collections/radioactive-substances-regulation-for-nonnuclear-sites https://www.gov.uk/government/collections/radioactive-substances-regulation-for-nuclearsites or by phoning: 01142 800 678 or 01142 800 682 for non-nuclear applications, 01768 215991 NRG (North) or 01491 828629 NRG (South) for nuclear applications. It is important that you are familiar with the sections 1-3 covering the general aspects of permits and charging before reading this section. You may also need to refer to section 2.6 covering Transfrontier Shipment of Radioactive Waste and Spent Fuel. In the future the annual subsistence charge for radioactive substances facilities in this tier may be adjusted according to your compliance rating. However, we would not introduce this change without formal consultation. Permits for radioactive substances activities are either: Tier 2 Standard facilities (fixed charges) Bespoke permits for medium risk activities. Radioactive substances facilities listed in table 58 of this guidance document are those that incur tier 2 charges. A facility that is not on this list will be subject to tier 3 charges. The standard facility listed in table 58 covers the holding of Category 5 sealed sources but this does not mean your current fixed condition registration for the same activity is automatically a standard permit. To become a standard facility you need to apply and demonstrate that you meet the standard rules criteria. Mobile Radioactive Apparatus Permits relating to mobile radioactive apparatus incur tier 2 charges. Our charges for sealed source permits are calculated on a single site or premises basis. This means that for mobile radioactive apparatus in the form of sealed sources, you will need a separate permit for each site or premises where mobile radioactive apparatus is normally kept when not in use. Section 5.7 Permit regimes – Radioactive Substances Activities 71 Table 58: Radioactive Substances Activities - tier 2 permit types Permit Type Radioactive substances activities covered A Standard facility for source category 5 B Keeping and use of one or more sealed sources where each source, and all sources taken together, fall within source category 5 and/or accumulation and/or disposal of waste sealed sources C Keeping and use of one or more similar sources and/or accumulation and/or disposal of waste sealed sources D Keeping and use of one or more high-activity sources and/or accumulation and/or disposal E Keeping and use of open radioactive sources only F Keeping and use of open radioactive sources and/or accumulation and/or disposal of radioactive waste – low quantity G Keeping and use of open radioactive sources and/or accumulation and/or disposal of radioactive waste - not being low quantity or high complexity H Keeping and use of open radioactive sources and/or accumulation and/or disposal of radioactive waste - high complexity. O Standard facility for accumulation and disposal of radioactive waste from the NORM Industrial Activity of the production of oil and gas “high complexity” means the site is used for the production of gaseous tritium light devices (GTLD) or gaseous tritium light sources (GTLS), or discharges and disposals are above a threshold of 30000 as calculated using the method in the RSR tier 2 Opra scheme. “low quantity” means the total holdings of open source radioactive materials does not exceed 10 GBq of technetium-99m or 20 MBq of other radionuclides. Radioactive waste treatment and/or disposal activities where the operator does not keep and use open sources are not “low quantity”. The regulation of RN detection systems operated by the Secretary of State for Home Affairs (UK Border Agency) requires a non-standard approach to permitting. Some current permits separately cover the keeping and use of sources and the disposal of radioactive waste. For charging purposes these are considered to be equivalent of permit types C and F respectively. In the future we will issue combined permits for holding and disposing of sealed and open sources, and applications for new, varied or transferred permits will be treated as permit type G for charging purposes. The regulation of the holding and disposal of some radioactive materials at museums also requires a non-standard approach. Museums keeping and using small quantities of radium226 (less than 400 MBq) will be issued with a single permit covering both open and sealed sources. These will be treated as permit type E for charging purposes. Museums with larger holdings will be separately permitted for open and sealed sources. Tier 3 Tier 3 covers more complex and high risk facilities that require more detailed and individually tailored permits. Radioactive substances facilities that are not in tier 2 are in tier 3. This includes all radioactive substances facilities on nuclear licensed sites and all radioactive substances facilities permitted to receive low level radioactive waste for disposal into land at the facility. Section 5.7 Permit regimes – Radioactive Substances Activities 72 Tier 3 does not include permits which: authorise the disposal of low level radioactive waste by transfer to landfill sites at a premises which is different from the operator’s, authorise the disposal of low level radioactive waste by transfer to dedicated land disposal facilities for radioactive waste at a premises which is different from the operator’s, authorise the disposal of low level radioactive waste by direct disposal into landfill sites a premises which is different from the operator’s. This category was previously known as ‘special precautions burial’ or ‘controlled burial’. The charging scheme uses the term ‘specified radioactive substances activities’ to define these more complex and high risk radioactive substance facilities rather than the term ‘tier 3’. This is because charges for ‘specified radioactive substances activities’ are assessed on a different basis from other tier 3 EPR permits, being based on actual time spent and costs incurred. We use the term tier 3 in the guidance because it properly reflects the permit type. Tier 3 charges Charges for tier 3 radioactive substances facilities are calculated and billed to operators on the basis of actual time spent and costs incurred in relation to applications, variations, transfers, surrenders and the subsistence of permits relating to each individual site by the Environment Agency and by FSA, where appropriate. We will write to operators giving an indicative estimate of Environment Agency and FSA costs for each site. In order to keep charging arrangements simple, selected front line specialist nuclear regulation staff time is recorded and used to derive the Environment Agency’s tariff for key technical work. The hourly rate of £213 includes an allowance for support staff, as well as those involved in policy support, provision of legal advice and some other technical support whose time is not recorded for charging purposes. The rate also allows for other relevant costs and includes, but is not limited to, accommodation, IT support systems, health and safety, production of guidance, financial services and other support costs. There is a lower rate of £125 per hour for support technical work undertaken by selected technical staff who are not specialist nuclear regulators, including policy support where significant additional effort is required, such as for nuclear new build developments. We recover from operators our costs associated with meeting our international reporting obligations relating to the disposal of radioactive waste into the environment from tier 3 radioactive substances facilities. This includes Euratom Articles 35 and 36 monitoring and reporting and our work in support of Oslo and Paris Commission (OSPARCOM) reporting obligations. We may also recover the costs of contracted-in specialist technical support where required to support our regulation of RSR tier 3 sites. What we charge for: General information Main charges Section Page(s) Application for new permit Subsistence Variation Transfer Surrender Independent monitoring charges Default charges 4.1 4.2 4.3 4.4 4.5 4.7 21 to 22 22 to 23 23 to 32 33 to 36 37 to 38 38 Section 5.7 Permit regimes – Radioactive Substances Activities Regime specific information notes (1) (2) (3) (4) (5) (6) 73 (1) The following information on applications is specific to Radioactive Substance Activities: Tier 3 – time and materials based charges If the facility you are applying for is subject to tier 3 charges you will be invoiced for the costs of our time and materials in determining the application quarterly in arrears. The hourly rate either £213 or £125. (2) The following information on subsistence is specific to Radioactive Substance Activities: Tier 3 – time and materials based charges For tier 3 permits you will be invoiced for subsistence charges based upon the costs of our time and materials quarterly in arrears. The hourly rate is either £213 or £125. (3) The following information on variations is specific to Radioactive Substance Activities: Variations to permits for mobile radioactive apparatus Operators wishing to change the address of premises where mobile radioactive apparatus is kept when not in use may do this by applying for a normal variation. Types of variation you can apply for The only variation it is possible to make to a standard facility is administrative. If you want to make a more significant change to your facility you would have to apply for a variation to a bespoke permit. The charge for such a change is the appropriate tier 2 variation charge. Consolidating several permits for one facility If you have several permits for one or more radioactive substances facilities on a single site, you may be able to have some or all of them consolidated into a single permit, subject to our approval (please contact your local RSR Regulatory Officer to discuss). Where the consolidation is in respect of tier 2 permits and is solely for the purposes of the transfer of a consolidated permit to another operator there is no charge for the variation. Where the consolidation is in respect of an RSA93 open source registration and a tier 2 RSA93 authorisation other than for the purposes of its transfer to another operator it is a minor technical change. In all other cases for tier 2 permits the variation charge will be the charge listed for the resulting permit. Tier 3 – time and materials based charges For tier 3 permits you will be invoiced for variation charges based upon the costs of our time and materials quarterly in arrears. The hourly rate either £213 or £125. (4) The following information on transfers is specific to Radioactive Substance Activities: Tier 3 – time and materials based charges For tier 3 permits you will be invoiced for transfer charges based upon the costs of our time and materials quarterly in arrears. The hourly rate either £213 or £125. (5) The following information on surrenders is specific to Radioactive Substance Activities: Tier 2 charges The charge for a partial surrender is the same as the charge for a full surrender. If you apply for a partial surrender the charge you pay is that which relates to the permit type before the partial surrender takes place. If you apply to surrender a permit that has previously had its permit category reduced (e.g. from D to C or H to G) by administrative variation then the surrender charge payable is that relating to the permit category before that or any other such administrative variation. Section 5.7 Permit regimes – Radioactive Substances Activities 74 If you apply to surrender an RSA93 open source registration and an RSA93 radioactive waste authorisation at the same time, you only need to pay one surrender charge - the charge that would be payable if the permits had been consolidated. If you apply to surrender an RSA93 sealed source registration and an RSA93 mobile sealed source registration at the same time, you only need to pay one surrender charge - the charge that would be payable if the permits had been consolidated. Surrender charge where there has been no environmental contamination Where you hold a tier 2 permit for the ‘keeping and use of open radioactive sources and/or accumulation and/or disposal of radioactive waste - high complexity’ or ‘keeping and use of open radioactive sources and/or accumulation and/or disposal of radioactive waste - not being low quantity or high complexity’ and you are able to demonstrate that environmental contamination cannot have resulted from the radioactive substances activity, then the surrender charge is a fixed charge of £530.That demonstration may be that radioactive substances activities never commenced (see below) or that only short half-life radionuclides were ever used. If we need to advise on or consider environmental monitoring reports the full charge applies. Surrender charge where operations have not commenced Subject to the section immediately above, if you want to surrender all of a tier 2 permit where operations have not commenced then you will have to pay a charge. Tier 3 charges Surrender charge where operations have not commenced Applications to surrender all or part of a tier 3 permit where operations have not commenced will be charged on a time and materials basis. The hourly rate is £213 or £125. (6) The following information on default charges is specific to Radioactive Substance Activities: Default charges (for Standard Permits introduced after 1 April 2015) New standard permits will be placed into the most appropriate existing charge band. We will identify the charge for each new proposed standard permit when we consult on the permit and confirm our response. The charge bands accorded to a default standard facility will be selected from the following table: Charge bands available for Radioactive Substances Activities default standard facilities Charge Band S030A Application charge £390 Charge Band S035T Transfer charge £700 Charge Band S040S Surrender charge £530 Charge Band S030C Subsistence charge £152 S040A £700 S040T £950 S045S £1,500 S040C £300 S050A £950 S050S £2,470 S050C £510 S060A £1,590 S060S £3,500 S060C £760 S070A £1,900 S074C £1,250 S080C £1,540 S090C £1,990 S100C £2,420 S120C £3,330 Section 5.7 Permit regimes – Radioactive Substances Activities 75 Radioactive substances charges (Tier 2) Table 59: Radioactive Substances Activities - tier 2 charges Charge type Charge method Application charge Fixed charge table 61 Subsistence charge Table 62. To determine the subsistence charge for a site: Identify the row describing open source use, Identify the column describing sealed source use, Subsistence charge is that shown at the intersection of the row and the column Variation charge Fixed charge table 61 (see section 4.3 for administrative and minor technical variations) Transfer charge Fixed charge table 61 Surrender charge Fixed charge table 61 Independent monitoring charges Cost recovery charging Radioactive substances charges (tier 3) Table 60: Radioactive Substances Activities - tier 3 charges Charge Hourly rate Application, variation, transfer and surrender charges invoiced for the costs of our time and materials in determining the application (quarterly in arrears) £213 (1) Subsistence charges invoiced for costs of our time and materials (quarterly in arrears) £213 (1) Independent monitoring charges Cost recovery charging (1) Lower rate of £125 may apply for support technical work undertaken by selected technical staff who are not specialist nuclear regulators, including policy support where significant additional effort is required. Section 5.7 Permit regimes – Radioactive Substances Activities 76 Table 61: Radioactive Substances Activities - tier 2 fixed charges for application, variation, transfer and surrender Permit type Standard Rules Number (if applicable) Application Normal Variation** Transfer (part/full) Surrender A SR2010 No1 £390 N/A £120 £125 B Bespoke £600 £530 £370 £125 C Bespoke £1,590 £950 £530 £370 D Bespoke £2,000 £1,910 £950 £370 E Bespoke £600 £530 £370 £125 F Bespoke £2,000 £950 £530 £370 G Bespoke £2,880 £1,910 £950 £2,470* H Bespoke £3,650 £2,400 £1,950 £2,470* O SR2014 No4 £700 N/A £700 £530 * £530 if low risk surrender charge applies ** See section 4.3 for administrative and minor technical variations. Table 62: Radioactive Substances Activities - tier 2 subsistence charges Radioactive substances activities (RSA) involving the keeping, use, accumulation and disposal of open radioactive sources Radioactive substances activities (RSA) involving the keeping, use, accumulation and disposal of sealed radioactive sources No relevant RSA No relevant RSA Relevant RSA covered by permit type A Relevant RSA covered by permit type B Relevant RSA covered by permit type C Relevant RSA covered by permit type D £300 or £96* £300 or £96* £1,250 £1,450 Relevant RSA covered by permit type E £300 £300 £300 £1,250 £1,450 Relevant RSA covered by permit type F £510 £510 £510 £1,450 £1,990 Relevant RSA covered by permit type G £1,450 £1,990 £1,990 £2,420 £3,330 Relevant RSA covered by permit type H £2,830 £3,330 £3,330 £3,840 £3,840 If a tier 2 permit solely covers the keeping and use of gaseous tritium light devices (GTLD) or gaseous tritium light sources (GTLS ) where each source, and all sources taken together, fall within source category 5 then there is the subsistence charge of £96. The subsistence charge for SR2014 No4 (permit type O) is £1250. Section 5.7 Permit regimes – Radioactive Substances Activities 77 6. Payment of charges 6.1. Method and terms of payment Payments for applications You must submit payments for applications for new permits, variations, surrenders, transfers, deployments, registrations and renewals with the application paperwork and send them to: Permitting Service Centre Environment Agency Quadrant 2 99 Parkway Avenue Sheffield S9 4WG. Tel: 03708 506506. You can pay by cheque, cash (if you are paying in person), credit or debit card by filling in the associated form. If you wish to pay by credit or debit card over the phone, we will contact you when we receive your application. Cheques should be made payable to ‘Environment Agency’ and crossed ‘A/c Payee’. Other payments This applies to payments for subsistence charges, time and materials charges and charges made under our non scheme charging powers e.g. for pre-application advice or advertisements. For these types of charges we will send an invoice to the contact and address as advised by you. You can pay by cheque, credit or debit card, electronic transfer (e.g. BACS / CHAPS), Bank Giro Credit or, in the case of subsistence charges, by Direct Debit. Full details on how to make your payment can be found on the back of your invoice. VAT All charges quoted in the scheme and guidance are outside the scope of VAT. Withdrawn applications If you withdraw an application, we reserve the right to retain the application charge in full and make no refund. We will not normally make a refund if the application is withdrawn more than 56 calendar days after it has been duly made. This is because a detailed assessment of the application will have commenced by this stage of the determination. Where an application is submitted for a facility which is subsequently deemed to be exempt from regulation by reason of amendment to the EP Regulations, provided no permit has been issued, we will make a full refund of the application charge. Refunds of application charges will not normally be made after permits have been issued. Non payment of charges An application which is not accompanied by the appropriate charge is not deemed to be “duly made” and so cannot be determined. If the charge submitted is insufficient you will be advised accordingly and asked to pay the balance. We will be unable to determine the application and will not issue a new or revised permit if any part of an application charge is outstanding. If a subsistence charge is not paid when due, we may revoke or suspend the permit and take action to recover the debt. Abatement of charges The Environment Agency has the provision to waive or reduce any charge specified in the scheme it considers to be (significantly) disproportionate in a particular case, with regard to the actual costs and expenses incurred, or to be incurred by the Environment Agency. Section 6 - Payment of charges 78 The Environment Agency considers charges in the following categories to be applicable: charges it considers to be significantly disproportionate with regard to the costs and expenses incurred, or to be incurred by the Environment Agency, subsistence charges for mothballed sites (subject to a maximum of two financial years). Consideration will be given against the variable element of such charges, but not the fixed component of the charge. 6.2. When charges are due Table 63: Charges due dates - registrations and EP miscellaneous charges Application and renewal charges Date the application is made Notification charges (1) Payable on notification (1) Includes Waste batteries and accumulators small producer charge required to accompany the submission of information required by the Waste Batteries and Accumulators Regulations. Table 64: Charges due dates - permits (where applicable) New permit application charge Date the application is made Variation application charge Date the application is made Transfer application charge Date the application is made Surrender application charge Date the application is made Variation charge initiated by regulator Payable on invoice served Subsistence charge Annual, 1 April (1) Deployment application charge Payable on notification of each deployment Radioactive Substances activities time and material charges Invoiced quarterly in arrears Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 Invoiced quarterly in arrears All other charges On demand (1) Payable on demand in the first year in which a permit is granted or the charge becomes payable, or when a pro-rata invoice is issued. 6.3. Sources of further information Environmental Permitting (England and Wales) Regulations 2007 The DEFRA Environmental Permitting Core Guidance Environmental Permitting Regulations Operational Risk Appraisal Scheme (Opra for EPR) Annex A Opra scheme for Installations Annex B Opra scheme for Waste facilities Section 6 - Payment of charges 79 Annex C Opra scheme for Mining waste operations Annex D for Fixed charge permits Opra Frequently Asked Questions Opra information can be found at the following link: https://www.gov.uk/government/collections/operational-risk-appraisal-opra 6.4. Contact us For billing queries, please contact the address on the back of your invoice. If you have any queries regarding the interpretation of charges, please contact the Charges Team by: Email: eacharges_query@environment-agency.gov.uk Post: Charges Team Finance Directorate Environment Agency Horizon House Deanery Road Bristol BS1 5QH. We welcome views from our users, stakeholders and the public, including comments about the content and presentation of this scheme. If you are happy with our service, please tell us about it. It helps us to identify good practice and rewards our staff. If you are unhappy with our service, please let us know how we can improve it. For copies of Environment Agency publications please contact general enquiries on: 03708 506 506 or email us on: enquiries@environment-agency.gov.uk Section 6 - Payment of charges 80 7. The Environmental Permitting Charging Scheme 2014 The Environment Agency in exercise of its powers under section 41 of the Environment Act 1995 and with the approval of the Secretary of State and the consent of the Treasury makes the following Charging Scheme. COMMENCEMENT AND CITATION This charging scheme shall (1) be referred to as the Environmental Permitting Charging Scheme 2014; (2) come into force on 1st April 2014; and (3) remain in force until revoked. INTERPRETATION 2. In this Scheme “the 1989 Act” means the Control of Pollution (Amendment) Act 1989; “the 1990 Act” means the Environmental Protection Act 1990; “the 2007 Regulations” means the Environmental Permitting (England and Wales) Regulations 2007; “the 2008 Regulations” means the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008; “the 2011 Regulations” means the Waste (England and Wales) Regulations 2011; "the Agency" means the Environment Agency; “the Batteries Regulations” means the Waste Batteries and Accumulators Regulations 2009 and expressions used in paragraph 7 and Schedule 1, paragraph 5 of this Charging Scheme have the same meaning as in the Batteries Regulations; ”the Regulations” means the Environmental Permitting (England and Wales) Regulations 2010 and, unless otherwise specified, expressions used in this Charging Scheme have the same meaning as those used in the Regulations; “the TFS Regulations” means the Transfrontier Shipment of Waste Regulations 2007; “the WEEE Regulations” means the Waste Electronic and Electrical Equipment Regulations 2006 and expressions used in paragraph 6 and Schedule 1, paragraph 4 of this Charging Scheme, have the same meaning as those used in the WEEE Regulations; “accredited farming installation” has the meaning given in Schedule 1; “compliance rating” means the compliance rating which has been accorded to a regulated facility under the Opra Scheme (a) on the 31st December in the calendar year preceding the year in which the subsistence charge in question is payable, or (b) in the year the permit is first granted, the date of grant of the permit, if later; Section 7 - Environmental Permitting Charging Scheme 2014 81 “EPR assurance scheme facility” means (a) a regulated facility which, on or before 1 April 2013 or before 1 April in any subsequent year, has participated, to the satisfaction of the Agency, in a trial of the EPR Assurance Scheme being developed by the Agency; or (b) a regulated facility which has been authorised by the Agency to participate in the EPR Assurance Scheme published by the Agency; “farming installation” has the meaning given in Schedule 1; "financial year" means the 12 months ending on 31 March; “fixed condition licence” has the meaning given in Schedule 1; “fixed condition registration” means a permit which was originally a registration under section 7 of the Radioactive Substances Act 1993 granted as or varied to become, a fixed condition registration in respect of radioactive material in the form of sealed sources where each radioactive source, and all radioactive sources taken together, fall within source category 5; “installation group” has the meaning given in Schedule 2; “low level radioactive waste” means radioactive waste having a radionuclide content not exceeding 4 gigabecquerels per tonne (GBq/te) of alpha or 12 GBq/te of beta/gamma radioactivity; “nuclear site” has the meaning given in the Regulations but also includes a site which would require a nuclear site licence under the Nuclear Installations Act 1965 were it not exempt from this requirement by virtue of other legislation; “Opra charging score” means the score applicable to a tier 3 facility in accordance with the provisions of Schedule 2; “Opra Scheme” means the scheme published by the Agency titled “Environmental Permitting Regulations Operational Risk Appraisal Scheme (Opra for EPR), version 3.09”; “permit” means an environmental permit, and references to a permit being issued shall be taken to mean granted by the Agency under regulation 13 of the Regulations or transferred to Agency regulation by a direction made under regulation 33 of the Regulations; “relevant compliance rating adjustment” means (a) in relation to a tier 2 facility the relevant percentage figure set out in Box 1 below which is attributable to the compliance rating for that facility, or (b) in relation to a tier 3 facility the relevant percentage figure set out in Box 2 below which is attributable to the compliance rating for that facility; Box 1 Band A B C D E F Adjustment to Opra score 100% 100% 110% 125% 150% 300% Box 2 Band A B C D E F Adjustment to base charge 95% 100% 110% 125% 150% 300% Section 7 - Environmental Permitting Charging Scheme 2014 82 ”relevant charge multiplier” means the applicable charge multiplier specified in Schedule 2; “relevant time and materials costs” means those costs and expenses (a) incurred by the Agency in the determination of the relevant application or request for consent, the making of the relevant decision or the subsistence of the permit (as the case may be), based on an hourly rate of £213 in relation to key technical work on a specified radioactive substances activity and £125 in any other case, and (b) in the case of a radioactive substances activity carried on at a nuclear site, incurred by the Food Standards Agency in carrying out its functions in relation to those matters, as notified from time to time by the Agency to the operator; “Schedule” means a Schedule to this Scheme; “small battery treatment operator” has the meaning given in Schedule 1; “small battery exporter” has the meaning given in Schedule 1; “small treatment operator” has the meaning given in Schedule 1; “small export operator” has the meaning given in Schedule 1; “source category 5” has the meaning set out in the relevant Agency guidance in operation at the time the application for a permit is or was made; “specified radioactive substances activity” means a radioactive substances activity (a) carried on at a nuclear site, or (b) which involves the disposal or accumulation of low level radioactive waste at a landfill or a site dedicated for the disposal of radioactive waste but not including the transfer of such waste to such a site; “specified water activity” means, unless carried on as part of an installation – (a) a water discharge activity, or (b) a groundwater activity which is not a tier 2 facility; “standard facility” has the meaning given in Schedule 1; “sum” means sum of money in pounds sterling; “tier 2 facility” means a type of regulated facility which is described in Schedule 1; “tier 3 facility” means an installation group, a waste facility group or a tier 3 mining waste operation; “tier 3 mining waste operation” has the meaning given in Schedule 2; “waste facility” has the meaning given in Schedule 2; “waste facility group” has the meaning given in Schedule 2. NON PERMIT CHARGES Exempt waste operations 3. (1) An exempt waste operation charge shall accompany (a) the renewal of registration of a scrap metal operation made by notice served on the Agency accompanying the details referred to in paragraph 45(5)(d) of Part 1 of Schedule 3 of the 2007 Regulations; (b) the registration of a WEEE operation made by notice served on the Agency under paragraph 6(1) of Schedule 2 of the Regulations. Section 7 - Environmental Permitting Charging Scheme 2014 83 (2) The exempt waste operation charge shall be the applicable charge shown in Schedule 1. Waste carriers, brokers and dealers 4. (1) A waste carrier, broker or dealer charge shall accompany (a) an application for registration or renewal of registration as a broker or dealer of waste made under regulation 31 of the 2011 Regulations; (b) an application for registration or renewal of registration as a carrier of waste made under section 2 of the 1989 Act; (2) The waste carrier, broker or dealer charge shall be the applicable charge shown in Schedule 1. International Waste Shipments 5. (1) An international waste shipments charge shall accompany a notification made by a notifier under the TFS Regulations. (2) The international waste shipments charge shall be the applicable charge shown in Schedule 1. Waste Electrical and Electronic Equipment 6. (1) A WEEE charge shall (a) accompany an application to approve a proposed scheme made under regulation 41 of the WEEE Regulations; (b) be payable where the Agency serves an invoice in relation to an annual producer charge under regulation 62(3) of the WEEE Regulations; (c) accompany an application to approve an authorised treatment facility or exporter under regulation 47 of the WEEE Regulations; (d) be payable where a small treatment operator or small export operator exceeds its undertaking not to issue evidence notes on more than 400 tonnes of WEEE; (e) accompany an application for the extension of an approval of an exporter to an additional site, under regulation 48 of the WEEE Regulations; (2) The WEEE charge shall be the applicable charge shown in Schedule 1. Waste Batteries and Accumulators 7. (1) A Waste Batteries Charge shall (a) accompany the information provided by a small producer under regulation 13 of the Batteries Regulations; (b) accompany an application to approve a proposed battery compliance scheme made under regulation 47 of the Batteries Regulations; (c) be payable where the Agency serves an invoice in relation to an annual subsistence charge under regulation 79(2) of the Batteries Regulations; (d) accompany an application to approve a battery treatment operator or battery exporter under regulation 58 of the Batteries Regulations; Section 7 - Environmental Permitting Charging Scheme 2014 84 (e) be payable where a small battery treatment operator or small battery exporter exceeds its undertaking not to issue more than 15 tonnes of waste portable battery evidence notes or to accept more than 150 tonnes of waste automotive and industrial batteries; (f) accompany an application for the extension of an approval of a battery exporter to an additional site under regulation 62 of the Batteries Regulations. (2) The Waste Batteries Charge shall be the applicable charge shown in Schedule 1. Transfrontier shipment of radioactive waste and spent fuel 8. (1) A charge consisting of the relevant time and materials costs shall be payable in respect of an application for authorisation under the 2008 Regulations. (2) A charge consisting of the relevant time and materials costs shall be payable in respect of a request to the Agency for consent to an application from the competent authority of another member state of the European Community under the 2008 Regulations. PERMIT CHARGES PERMIT APPLICATION CHARGES General 9. (1) An application charge shall be payable in respect of an application for a permit made under regulation 13 of the Regulations. (2) In the case of an application which (a) is submitted as part of a staged procedure agreed with the Agency; or (b) relates to a specified radioactive substances activity, the application charge shall be the relevant time and materials costs. (3) In all other cases, the application charge shall be the total of the applicable charges set out in paragraphs 10 to 13. Tier 2 fixed charges 10. For each tier 2 facility which is the subject of the application, the applicable charge shown in Schedule 1. Tier 3 full Opra charges 11. For each tier 3 facility which is the subject of the application, the sum equal to the relevant permit application charge multiplier for that facility, multiplied by the relevant Opra charging score for that facility. Specified water activity charges 12. For each specified water activity which is the subject of the application, the applicable charge set out in Schedule 4. Section 7 - Environmental Permitting Charging Scheme 2014 85 Application amendments and advertisement charges 13. (1) Where the Agency accepts, at the request of the operator, an amendment to the application which the Agency considers requires further public consultation, the sum of £1,930. (2) Where the Agency decides, in accordance with its statement relating to its public participation duties made under regulation 59 of the Regulations, to advertise an application in a newspaper, the sum of £500 for each advertisement. SUBSISTENCE CHARGES General 14. (1) An annual subsistence charge shall be payable for any full or part financial year during which a permit is in force; (2) In the case of a permit which authorises the operation of a specified radioactive substances activity, the charge shall be the relevant time and materials costs; (3) In any other case, the charge shall be the total of the applicable charges set out in paragraphs 15 to 17; (4) In the case of a permit authorising the operation of a regulated facility from a specified date, the charge shall only be payable in relation to that regulated facility, for any period following that specified date; (5) In the case of a permit which authorises an EPR assurance scheme facility, the annual subsistence charge applicable to that facility, shall be reduced by a factor of 10%; (6) In relation to any period during which no works or construction of any kind authorised by the permit have commenced, no charge shall be payable until the later of (a) two years from the date the permit was granted, or (b) 1st April 2015, and thereafter, the subsistence charge shall be the lower of £3,190, or the subsistence charge which would otherwise be payable. Tier 2 fixed charges 15. (1) For each tier 2 facility authorised by the permit for which a charge is shown in Schedule 1, other than those mentioned in sub-paragraph (2), the applicable charge shown in that Schedule multiplied by the relevant compliance rating adjustment; (2) For each tier 2 facility authorised by the permit which is an accredited farming installation, groundwater activity, or a radioactive substances activity, the applicable charge shown in Schedule 1. Tier 3 Charges Installations 16. (1) Where a tier 3 facility which is an installation group is authorised by the permit, the sum derived by following the steps set out in paragraphs (a) and (b) below - Section 7 - Environmental Permitting Charging Scheme 2014 86 (a) multiply the relevant subsistence charge multiplier for that facility by the relevant Opra charging score for that facility; (b) multiply the sum derived under paragraph (a) by the relevant compliance rating adjustment. Waste facilities and tier 3 mining waste operations (2) Where a tier 3 facility which is a waste facility group (unless it is a waste mobile plant) or a tier 3 mining waste operation is authorised by the permit, the applicable charge set out in Schedule 3 multiplied by the relevant compliance rating adjustment. Mobile plant (3) For each deployment of mobile plant the applicable charge set out in Schedule 2 multiplied by the relevant compliance rating adjustment. Specified water activity charges 17. For each specified water activity authorised by the permit, the applicable charge set out in Schedule 4. Mid-year adjustments 18. (1) In the case of a permit issued after 1 April in any year, the subsistence charge shall be adjusted pro rata to the period beginning with the day of the permit being issued and ending on the last day of March following. (2) In the case of a permit which is revoked, surrendered, transferred or varied after the date on which the subsistence charge is payable in any year, and in a way which would affect the calculation of the subsistence charge under this Scheme, the charge shall be adjusted pro rata from the date on which the revocation, surrender, transfer or variation (as the case may be), takes effect. (3) In a case where a regulated facility authorised by a permit ceases to be required to be so authorised by reason of an amendment to the Regulations or the registration of an exempt waste operation, the subsistence charge shall be adjusted pro rata from the date of the relevant amendment or registration and no subsistence charge shall arise in any subsequent year so long as the regulated facility continues not to require authorisation by a permit. (4) In a case where a farming installation becomes an accredited farming installation after the date on which the subsistence charge is payable in any year, the charge shall be adjusted pro rata from the date on which this occurs. Monitoring and emergency response charges 19. (1) Except in relation to a specified water activity, the cost of monitoring, site surveys and investigations carried out by contractors acting on behalf of the Agency will be recovered, where appropriate, by means of a direct charge per permit to be notified to the operator. (2) Where the Agency responds to an emergency air quality incident resulting from the operation of a facility authorised by a permit, the relevant time and materials costs of that response, including the costs of any contractors used, will be recovered, where appropriate, by means of a direct charge per permit to be notified to the operator. Section 7 - Environmental Permitting Charging Scheme 2014 87 (3) In cases where a charge is payable under this paragraph but the permit is revoked, the person previously operating the regulated facility shall continue to be liable for the charge in so far as it relates to any expenditure incurred or liabilities accrued by the Agency in the year of revocation or in prior years. Groundwater and waste recovery review charges 20. (1) Where the Agency serves a notice on the operator of a landfill under this paragraph, a charge of £1,010 shall be payable in respect of an initial review undertaken under regulation 71 of the Regulations. (2) Where the Agency serves a further notice on the operator of a landfill under this paragraph, a charge of £3,660 shall be payable in respect of a further review undertaken under regulation 71 of the Regulations. (3) Where the holder of a permit which authorises the permanent deposit of waste on land for recovery subject to standard rules, requests the Agency to review the waste recovery plan submitted as part of the application for that permit, a charge of £350 shall be payable in relation to that review. Materials facility charge 21. (1) Subject to sub-paragraphs (2), where the operator of a materials facility has given a notification under paragraph 1 of Schedule 9A of the Regulations, a charge of £2240 shall be payable for the calendar year in which the notification is made; (2) In a case where a notification is in force for only part of a year, the materials facility charge shall be adjusted pro rata to reflect the reporting periods or part of a reporting period during which the notification is in force. VARIATION CHARGES General 22. (1) Subject to sub-paragraph (2), a variation charge shall be payable (a) where an application is made under regulation 20 of the Regulations; and (b) where the Agency makes a regulator-initiated variation under regulation 20 except in relation to any part of a regulator-initiated variation which relates to a specified water activity. (2) No variation charge is payable where (a) an application or regulator-initiated variation relates to changes of a purely administrative nature; (b) a regulator-initiated variation relates only to a regulated facility becoming subject to standard rules; or (c) an application relates only to a request to vary a fixed condition licence or a fixed condition registration so that a regulated facility becomes subject to standard rules. (3) The variation charge shall be (a) in the case of an application or regulator-initiated variation which relates to a specified radioactive substances activity, the relevant time and materials costs; (b) in the case of an application to dispose of waste at a landfill which the Agency has previously accepted as closed, the sum equal to the charge multiplier for a permit Section 7 - Environmental Permitting Charging Scheme 2014 88 application for the disposal of waste at a landfill, multiplied by the relevant Opra charging score for such a facility; (c) in the case of an application to remove a regulated facility from authorisation under a permit, the sum equal to the charge that would be payable if the application were for a surrender of the part of the permit that relates to that regulated facility; (d) in all other cases, the total of the applicable charges for each tier 2 facility, tier 3 facility and specified water activity which is the subject of the application or regulatorinitiated variation, as set out in paragraphs 23 to 25; together with any applicable advertisement charge under paragraph 26. Changes to existing facilities 23. For each tier 2 and tier 3 facility which is already the subject of a permit, where the proposed change in relation to that facility (1) Is of a minor technical nature, the sum which is the lower of £1,280 or such sum as would otherwise be applicable under sub-paragraph (3) or (4); (2) Is a request for the facility to become subject to standard rules or become subject to different standard rules – the sum which is the applicable permit application charge relating to the new standard rules payable under paragraph 9 of this Scheme; (3) Is to a facility which is or will be when changed as proposed, a tier 2 facility other than one subject to standard rules, the applicable variation charge relating to the tier 2 facility when changed as proposed, shown in a Table in Schedule 1; (4) Is to a facility which is or will be when changed as proposed, a tier 3 facility, the sum equal to the relevant variation charge multiplier for that facility, multiplied by the relevant Opra charging score for that facility; (5) Is that the facility should no longer be authorised by the permit, the sum equal to the charge that would be payable under paragraph 30 in relation to the surrender of that part of the permit that relates to that facility. Addition of new facilities 24. For each tier 2 and tier 3 facility which is not already the subject of a permit, where that facility is (1) A tier 2 facility, the sum which is the applicable permit application charge payable under paragraph 9 of this Scheme; (2) A tier 3 facility of the same category as one that is already the subject of a permit, the sum equal to the relevant variation charge multiplier for that facility, multiplied by the relevant Opra charging score for that facility; (3) A tier 3 facility of a different category to any already the subject of a permit, the sum equal to the charge multiplier for a permit application for that facility, multiplied by the relevant Opra charging score for that facility; (4) For the purposes of this paragraph, the categories of tier 3 facility are a waste facility group, a tier 3 mining waste operation and an installation group. Specified water activities 25. For each specified water discharge activity, the applicable charge set out in Schedule 4. Section 7 - Environmental Permitting Charging Scheme 2014 89 Advertisement charge 26. Where the Agency decides, in accordance with its statement relating to its public participation duties made under regulation 59 of the Regulations, to advertise an application in a newspaper, the sum of £500 for each advertisement. TRANSFER CHARGES General 27. (1) Subject to paragraph (2) a transfer charge shall be payable in respect of an application to transfer a permit, in whole or in part, made under regulation 21 of the Regulations. (2) No transfer charge is payable where (a) immediately before the Regulations came into force the transferor was the operator by reason only of regulation 69(2) of the 2007 Regulations; and (b) the Agency has agreed that the transfer is desirable for regulatory reasons. (3) The transfer charge shall be (a) in the case of a permit which authorises the operation of a specified radioactive substances activity, the relevant time and materials costs, or (b) in any other case, the lower of the applicable charge under either paragraph 28 or 29. Limited change in management 28. Where the transfer application relates to the whole of a permit and demonstrates that the management of the transferor and the transferee are substantially the same, the sum of £1,950. Other types of transfer 29. The charge shall be the highest of the following applicable charges (1) Where the permit authorises one or more tier 2 facility, the highest of the applicable charges shown in the applicable Table in Schedule 1; (2) Where the permit authorises a waste facility group or a tier 3 mining waste operation, the sum of £2,000 in the case of an application relating to the whole of a permit, or £3,000 in the case of an application relating to part of a permit; (3) Where the permit authorises an installation group, the sum of £4,980 in the case of an application relating to the whole of a permit or £7,470 in the case of an application relating to part of a permit. SURRENDER CHARGES General 30. (1) A surrender charge shall be payable in respect of an application to surrender a permit, in whole or in part, made under regulation 25 of the Regulations. Section 7 - Environmental Permitting Charging Scheme 2014 90 (2) The surrender charge shall be (a) in the case of a permit which authorises the operation of a specified radioactive substances activity, the relevant time and materials costs; or (b) in relation to those tier 2 and 3 facilities which are the subject of the application, the total of the applicable charges under paragraphs 31 to 34. Non operational facilities 31. For each tier 2 and 3 facility which has not been put into operation at the time of the application, the lower of the sum of £770 or any charge that would otherwise apply under paragraph 33. Low risk charges 32. (1) For each facility which comprises the permanent deposit of waste and in relation to which the operator has received confirmation from the Agency that a low risk or basic surrender application can be made, in accordance with the guidance in “The surrender of permits for the permanent deposit of waste”, version 2, published by the Agency in December 2012 (a) for a low risk surrender, the sum of £2,540; and (b) for a basic surrender, the sum of £540; (2) For any other tier 2 and tier 3 facility for which the operator has received confirmation from the Agency that intrusive investigation is not required in accordance with the criteria in box 1 of “Site condition report – guidance and templates”, (H5), version 3, published by the Agency in April 2013, the sum of £2,470. Tier 2 charges 33. Subject to paragraphs 31 and 32 (1) Where the permit authorises more than one standard facility, the highest applicable charge shown in the applicable Table in Schedule 1; and (2) For every other tier 2 facility, the applicable charge shown in the relevant Table in Schedule 1. Tier 3 charges 34. Subject to paragraphs 31 and 32 (1) In the case of an application to surrender the whole of a Permit, for each tier 3 facility, the sum equal to the relevant surrender charge multiplier for that facility multiplied by the relevant Opra charging score for that facility; or (2) In the case of an application to surrender part of a permit, for each tier 3 facility, the sum equal to the relevant surrender charge multiplier for that facility multiplied by the relevant Opra charging score for that facility. GENERAL PROVISIONS CHARGES FOR PRE - APPLICATION ADVICE Section 7 - Environmental Permitting Charging Scheme 2014 91 35.(1) Where a person requests pre-application advice or engages in pre-application discussions with the Agency in relation to a proposed application, the charge will be £125 for each hour of pre-application advice given or discussions held over and above an initial (a) 1 hour in the case of advice or discussions relating to each single set of standard rules; (b) 1 hour in the case of advice or discussions relating to an application for mobile plant deployment; and (c) 15 hours in any other case. (2) (a) Where a person requests approval to treat a regulated facility as a standard facility for the purposes of this scheme, the charge will be £350; (b) Where that person subsequently makes an application for a permit for a tier 3 facility in relation to the facility that was the subject of the request under sub-paragraph (a), the charge specified in that sub-paragraph shall be refunded. ABATEMENT OF CHARGES 36. The Agency may, by notice to the operator, waive or reduce any charge specified in this Scheme if it considers it to be significantly disproportionate in a particular case, having regard to the actual costs and expenses incurred or to be incurred by the Agency in relation to a particular application, request, decision or subsistence period. LIABILITY TO PAY THE CHARGES 37. The persons set out below shall be liable to pay the charges under this Charging Scheme (1) In respect of charges arising under paragraphs 3, 4, 5, 6(1)(a), 6(1)(c), 6(1)(e), 7(1)(b), 7(1)(d), 7(1)(f), 8, 9, 22(1)(a), 27, and 30, the person or persons making the application in question, including, in the case of a relevant amendment to an application, the person recognised by the Agency as being the new operator; (2) In respect of charges arising under paragraph 14, the holder of the permit in respect of which the charge is payable; (3) In respect of charges arising under paragraph 8(2), the intended recipient of the proposed shipment; (4) In respect of charges arising under paragraph 7(1) (a) the person or persons providing the information; (5) In respect of all other charges, the person upon whom the invoice or notice of the charge is served. TIME OF PAYMENT 38. Charges payable under this Scheme shall be due and payable in full at the following times on or after the 1st April 2015 (1) In respect of charges arising under paragraphs 3, 4, 5, 6(1)(a), 6(1)(c), 6(1)(e), 7(1)(b), 7(1)(d), 7(1)(f), 9, 22(1)(a), 27, 30 and 32 (except those which relate to application amendments or advertisements or which consist of relevant time and materials costs), on the making of the application in question; Section 7 - Environmental Permitting Charging Scheme 2014 92 (2) In respect of charges arising under paragraph 14, annually on 1 April except (a) In the first year in which a permit is granted or the charge becomes payable, where the charge is payable on demand; (b) In the case of a permit authorising one or more mobile plant, where the charge is payable on notification of each deployment; (3) In respect of charges arising under paragraph 7(1) (a) when the information is supplied; (4) In respect of all other charges, on demand. REVOCATION 39. The Environmental Permitting Charging Scheme which came into effect on 6th April 2013 is revoked in so far as it relates to any period beginning on 1st April 2014. Section 7 - Environmental Permitting Charging Scheme 2014 93 Schedule 1 TIER 2 FIXED CHARGES PART 1 Charges for registrations Registrations for carriers, brokers and dealers 1. The charges in the table below apply in relation to registration as a carrier, broker or dealer under the 2011 Regulations or 1989 Act. Activity Charge Registration as a carrier, broker or dealer 154 Renewal of a registration before 1 October 2011 105 Renewal of a registration from 1 October 2011 105 Add registration as a broker to an existing registration 40 Add registration as a carrier to an existing registration 40 Registrations for exempt waste operations 2. The charges set out below apply in relation to exempt waste operations. Scrap metal exemption (paragraph 45) charges. Type of charge Charge Renewal 275 WEEE Operation charge The charge for a WEEE operation is £840. Notifications of international waste shipments 3. The applicable notification charge in relation to international waste shipments is determined by the type of activity and the proposed number of shipments relating to the notification, as described in the table below. Number of Shipments Activity 1 2 to 5 6 to 20 21 to 100 101 to 500 500 + Export for recovery £1,450 £1,450 £2,700 £4,070 £7,920 £14,380 Export for non interim disposal £1,540 £1,540 £3,330 £5,500 £10,600 £19,500 Export for interim disposal £1,700 £1,700 £3,330 £6,000 £12,900 £24,000 Import for non interim recovery £1,250 £1,250 £2,700 £4,900 £10,600 £19,500 Import for interim recovery £1,450 £1,450 £2,830 £5,500 £12,900 £24,000 Import for non-interim disposal £1,540 £1,540 £3,330 £5,500 £10,600 £19,500 Import for interim disposal £1,700 £1,700 £3,330 £6,000 £12,900 £24,000 Section 7 - Environmental Permitting Charging Scheme 2014 94 Approvals relating to waste electrical and electronic equipment Interpretation 4. (1) In this paragraph a scheme member falls in the following charge bands, where (a) its turnover in the preceding financial year, exceeded £1 million, Charge Band A; (b) its turnover in the preceding financial year is less than £1 million but it is, or is required to be, registered for VAT, Charge Band B; (c) it operates in the UK but is not, and is not required to be, registered for VAT, Charge Band C; (d) it operates overseas but is not, and is not required to be, registered for VAT, Charge Band D. (2) In this paragraph “large treatment operator” or “large export operator” means an operator who is not a small treatment operator or small export operator; “small treatment operator” or “small export operator” means an operator who has undertaken not to issue evidence notes for more than 400 tonnes of WEEE in the year in which the relevant charge is payable. Charges (3) The charge for an application to approve a compliance scheme is £12,150; (4) The annual producer charge for operating a compliance scheme is the total of the charges applicable to each member of the scheme as set out in the table below. Charge Band Charge Charge Band A £445 Charge Band B £210 Charge Band C £30 Charge Band D £30 (5) The charges in the table below apply in relation to applications to approve an authorised treatment or export facility, or to extend the approval of an exporter to add an additional site. Charge Large treatment operator £2,570 Small treatment operator £500 Large export operator £2,570 Small export operator £500 Additional charge where small treatment operator or small export operator exceeds its undertaking £2,070 Extension of approval of exporter - each additional site £110 Section 7 - Environmental Permitting Charging Scheme 2014 95 Approvals relating to batteries Interpretation 5. (1) In this paragraph “large battery treatment operator” or “battery exporter” means an operator who is not a small battery treatment operator or small battery exporter; “small battery treatment operator” or “small battery exporter” means an operator who has undertaken to issue no more than 15 tonnes of waste portable battery evidence notes and to accept no more than 150 tonnes of waste automotive and industrial batteries in the year in which the relevant charge is payable. Charges (2) The charge to accompany information provided by a small producer is £30; (3) The charge for an application to approve a proposed battery compliance scheme is £17,000; (4) The annual subsistence charge for operating a battery compliance scheme is the total of(a) £90,000; and (b) £600 for each member of the battery compliance scheme; (5) The charges in the table below apply in relation to applications to approve a battery treatment operator or battery exporter, or to extend the approval of an exporter to an additional site. Charge Large Battery Treatment Operator £2,570 Small Battery Treatment Operator £500 Large Battery Exporter £2,570 Small Battery Exporter £500 Additional charge where small battery treatment operator or small battery exporter exceeds its undertaking £2,070 Extension of approval of exporter - each additional site £110 Section 7 - Environmental Permitting Charging Scheme 2014 96 PART 2 Charges for permits Chapter 1 General Interpretation In this Part “default standard facility” means a standard facility described in standard rules made after 1st April 2014; “standard facility” means a regulated facility described in standard rules published under regulation 26 of the Regulations, and which is the subject of (a) a request from the operator made under, or (b) a term referred to in, regulation 27(2) of the Regulations. Charges 2. The charges applying to a default standard facility shall be those specified in the Agency`s response to the consultation on the rules relating to that facility, selected from the following tables Table A - Charge bands available for a Waste or Installation default standard facility Charge Band S030A (W) Application charge £400 Charge Band S035T (W) Transfer charge £720 Charge Band S040S (W) Surrender charge £540 Charge Deployment Charge Subsistence Band charge Band charge S045C (W) £410 S030C (W) £156 S040A (W) £720 S040T (W) £980 S045S (W) £1,540 S060C (W) £780 S040C (W) £310 S050A (W) £980 S050S (W) £2,540 S070C (W) £1,000 S050C (W) £520 S060A (W) £1,630 S060S (W) £3,590 S074C (W) £1,280 S060C (W) £780 S070A (W) £1,950 S100C (W) £2,490 S074C (W) £1,280 S080C (W) £1,580 S090C (W) £2,040 S100C (W) £2,490 S120C (W) £3,420 Table B - Charge bands available for a default standard facility not covered by Table A Charge Band S030A Application charge £390 Charge Band S035T Transfer charge £700 Charge Band S040S Surrender charge £530 Charge Band S030C Subsistence charge £152 S040A £700 S040T £950 S045S £1,500 S040C £300 S050A £950 S050S £2,470 S050C £510 S060A £1,590 S060S £3,500 S060C £760 S070A £1,900 S074C £1,250 S080C £1,540 S090C £1,990 S100C £2,420 S120C £3,330 Section 7 - Environmental Permitting Charging Scheme 2014 97 Chapter 2 Tier 2 Charges for installations Interpretation 1. In this Chapter “accredited farming installation” means a farming installation which has been authorised by the Agency to participate in the IPPC Pig and Poultry Assurance Scheme Module published by the Agency; “activity” means an activity which falls within a description in any Section of Part 2 of Schedule 1 of the Regulations and is carried on as part of an installation, and in a case where an activity falls within two or more descriptions in Part 2 of Schedule 1 of the Regulations, that activity shall be regarded for the purposes of this Scheme as falling within that description which fits it most aptly; “DAA installation” means an installation which does not include the carrying on of any activity and which is not a low impact installation; “farming installation” means an installation carrying out activities falling wholly within a description in Section 6.9 of Part 2 of Schedule 1 of the Regulations; “local authority installation” means a Part A (2) activity, a Part B activity or a small waste incineration plant; “low impact installation” means an installation which, in the opinion of the Agency, cannot result in emissions or there is no likelihood that it will result in emissions except in a quantity which is so trivial that it is incapable of causing pollution or its capacity to cause pollution is insignificant; “non-accredited farming installation” means a farming installation which is not an accredited farming installation; “paragraph 17 installation” means an installation which is a Part A (1) installation by virtue of regulation 104 of the Regulations and which is not a low impact installation. Section 7 - Environmental Permitting Charging Scheme 2014 98 Charges The charges in the tables below apply to tier 2 facilities falling within this Chapter. Installations that are not standard facilities Application Normal Variation Substantial Variation Part Transfer Full Transfer Part Surrender Full Surrender Subsistence Low impact Part A installation £2,640 £380 £380 £380 £380 £380 £380 £520 Local authority installation £1,630 £540 £980 £540 £540 £540 £540 £1,000 Accredited farming installation N/A £380 £380 £380 £380 £380 £380 £1,580 Non- accredited farming installation £3,750 £380 £380 £380 £380 £380 £380 £2,490 Directly Associated Activity £7,380 £1,960 £3,910 £7,470 £4,980 £5,650 £6,650 £3,420 Paragraph 17 activity £7,380 £1,960 £3,910 £7,470 £4,980 £5,650 £6,650 £3,420 Installations that are standard facilities Rules number Application Transfer Surrender Subsistence Low impact Part A installation SR2009 No2 £1,630 £380 £380 £520 Low impact Part A installation for production of biodiesel SR2009 No3 £1,630 £380 £380 £520 Composting in closed systems (capacity over 75 tonnes/day) SR2012 No4 £1,950 £980 £3,590 £2,490 Composting in open systems (capacity over 75 tonnes/day) SR2012 No8 £1,950 £980 £3,590 £2,490 On-farm anaerobic digestion facility including the use of the resultant biogas SR2012 No9 £1,950 £980 £1,540 £2,040 Anaerobic digestion facility including the combustion of the resultant biogas SR2012 No11 £1,950 £980 £1,540 £3,420 Treatment of incinerator bottom ash (IBA) (capacity over 75 tonnes/day) SR2012 No13 £1,950 £980 £3,590 £2,490 Section 7 - Environmental Permitting Charging Scheme 2014 99 Chapter 3 Tier 2 Charges for waste facilities Interpretation 1. In this Chapter “fixed condition licence” means an environmental permit which was originally a waste management licence granted by the Agency under section 36 of the 1990 Act as a fixed condition licence; “landfill gas facility” means a waste operation consisting of one or more landfill gas engines operating on a site that is not itself the subject of an environmental permit; “lower risk”, “medium risk” and “higher risk”, in relation to the deployment of mobile plant, have the meanings given in the table in this paragraph and the terms used in that table have the meanings given in the relevant standard rules; “pet cemetery” means a landfill for the disposal of material consisting entirely of the remains of dead domestic pets; “waste motor vehicle facility” means a waste facility authorised by an environmental permit granted before 1 April 2006, to receive less than 2500 tonnes of waste motor vehicles in a year. Section 7 - Environmental Permitting Charging Scheme 2014 100 Facility Type Lower risk deployment Medium risk deployment SR2010 No4 List A wastes outside of Source Protection Zone 2 and not within 500m of a European site / Ramsar or SSSI site. List A wastes within Source Protection List B wastes within Source Zone 2 or within 500m of a European site / Protection Zone 2 or within Ramsar or SSSI site. 500m of a European site / Ramsar or SSSI site. Mobile plant for land spreading (for agricultural or ecological benefit) Higher risk deployment List B wastes outside of Source Protection Zone 2 and not within 500m of a European site / Ramsar or SSSI site. Any single list B waste within Source Protection Zone 2 or within 500m of a European site / Ramsar. SR2010 No5 N/A. Mobile plant for reclamation, restoration or improvement of land Any listed wastes outside Source Protection Zone 2 and not within 500m of a European site / Ramsar or SSSI site. Any listed wastes within Source Protection Zone 2 or within 500m of a European site / Ramsar or SSSI site. Any permitted wastes at a site within a Source Protection Zone 1 or 2 or within 500m of a European site / Ramsar or SSSI site. N/A. SR2010 No6 Mobile plant for land spreading of sewage sludge SR 2010 No11 Any permitted wastes at a site outside of Source Mobile plant for the treatment of waste Protection Zone 1 or 2 to produce soil, soil substitutes and and not within 500m of a aggregate European site / Ramsar or SSSI site. Section 7 - Environmental Permitting Charging Scheme 2014 101 Charges 2. The charges in the tables below apply to tier 2 facilities falling within this Chapter. Standard Facilities Rules number Application Transfer Surrender Subsistence Household Commercial Industrial Waste Transfer Station (building) SR2008 No1 £1,630 £980 £3,590 £2,490 Household Commercial Industrial Waste Transfer Station (no building) SR2008 No2 £1,630 £980 £3,590 £2,490 Household Commercial Industrial Waste Transfer Station & Treatment (building) SR2008 No3 £1,630 £980 £3,590 £2,490 Household Commercial Industrial Waste Transfer Station & Treatment (no building) SR2008 No4 £1,630 £980 £3,590 £2,490 Household Commercial Industrial Waste Transfer Station & Asbestos (building) SR2008 No5 £1,630 £980 £3,590 £3,420 Household Commercial Industrial Waste Transfer Station & Asbestos (no building) SR2008 No6 £1,630 £980 £3,590 £3,420 Household Commercial Industrial Waste Transfer Station & Treatment & Asbestos Storage (building) SR2008 No7 £1,630 £980 £3,590 £3,420 Household Commercial Industrial Waste Transfer Station & Treatment & Asbestos Storage (no building) SR2008 No8 £1,630 £980 £3,590 £3,420 Asbestos Waste Transfer Station SR2008 No9 £1,630 £980 £3,590 £2,040 Inert & Excavation Waste Transfer Station SR2008 No10 £1,630 £980 £3,590 £2,040 Inert & Excavation Waste Transfer Station with Treatment SR2008 No11 £1,630 £980 £3,590 £2,040 Non-hazardous household waste amenity site SR2008 No12 £1,630 £980 £3,590 £2,490 Non-hazardous & hazardous household waste amenity site SR2008 No13 £1,630 £980 £3,590 £2,490 Section 7 - Environmental Permitting Charging Scheme 2014 102 Standard Facilities Rules number Application Transfer Surrender Subsistence Materials recycling facility (building) SR2008 No14 £1,630 £980 £3,590 £2,040 Materials recycling facility (no building) SR2008 No15 £1,630 £980 £3,590 £2,040 Composting in open windrows SR2008 No16 £980 £3,590 £2,490 Composting in closed vessels SR2008 No17 £980 £3,590 £2,490 Non-hazardous Mechanical biological (aerobic) treatment facility SR2008 No18 £1,630 £980 £3,590 £2,490 Non-hazardous (sewage) sludge chemical and physical treatment facility SR2008 No19 £1,630 £980 £3,590 £3,420 Vehicle de-pollution & dismantling (authorised treatment) facility SR2008 No20 £1,630 £980 £3,590 £2,490 Scrap metal SR2008 No21 £1,630 £980 £3,590 £2,490 Storage of furnace ready scrap metal for recovery SR2008 No22 £1,630 £980 £3,590 £2,040 Waste Electrical & Electronic Equipment (WEEE) treatment facility SR2008 No23 £1,630 £980 £3,590 £2,910 Clinical Waste & Healthcare waste Transfer Station SR2008 No24 £1,630 £980 £3,590 £2,910 Clinical Waste & Healthcare Waste Treatment & Transfer Station SR2008 No25 £1,630 £980 £3,590 £3,940 Animal Carcass Incinerator (pet crematorium) SR2008 No26 £1,630 £980 £3,590 £780 Mobile plant for the treatment of waste spoils & contaminated materials, substances or products SR2008 No27 £720 £720 N/A £2,490 per deployment Pet cemetery SR2009 No1 £400 £380 £380 £156 Combustion of biogas in engines at a sewage treatment works SR2009 No4 £1,630 £980 £2,540 £780 Inert & Excavation Waste Transfer Station (<250k tonnes pa) SR2009 No5 £1,630 £980 £3,590 £2,490 Inert & Excavation Waste Transfer Station with Treatment (<250k tonnes pa) SR2009 No6 £1,630 £980 £3,590 £2,490 Section 7 - Environmental Permitting Charging Scheme 2014 103 Standard Facilities Rules number Application Transfer Surrender Subsistence Storage of furnace ready scrap metal for recovery (<1,000k tonnes pa) SR2009 No7 £1,630 £980 £3,590 £2,490 Mobile plant for land-spreading SR2010 No4 £720 £720 N/A Lower risk deployment £410 Medium risk deployment £780 Higher risk deployment £1,000 Mobile plant for reclamation, restoration or improvement of land SR2010 No5 £720 £720 N/A Medium risk deployment £780 Higher risk deployment £1,000 Mobile plant for land-spreading of sewage sludge SR2010 No6 £720 £720 N/A Medium risk deployment £780 Higher risk deployment £1,000 Use of waste in construction - up to 50,000 tonnes SR2010 No7 £1,950 £980 £540 £1,580 Use of waste in construction - up to 100,000 tonnes SR2010 No8 £1,950 £980 £540 £2,040 Use of waste for reclamation, restoration or improvement of land - up to 50,000 tonnes SR2010 No9 £1,950 £980 £540 £1,580 Section 7 - Environmental Permitting Charging Scheme 2014 104 Standard Facilities Rules number Application Transfer Surrender Subsistence Use of wastes for reclamation, restoration or improvement of land - up to 100,000 tonnes SR2010 No10 £1,950 £980 £540 £2,040 Mobile plant for the treatment of waste to produce soil, soil substitutes and aggregate. SR2010 No11 £720 £720 N/A Lower risk deployment £410 Medium risk deployment £780 Treatment of waste to produce soil, soil substitutes and aggregate - up to 75,000 tonnes SR2010 No12 £1,630 £980 £1,540 £1,580 Use of waste to manufacture timber and construction products - up to 75,000 tonnes SR2010 No13 £1,630 £980 £1,540 £1,580 Composting of bio-degradable waste - up to 500 tonnes SR2010 No14 £1,630 £980 £1,540 £780 Anaerobic digestion facility including use of the resultant biogas - up to 75,000 tonnes SR2010 No15 £980 £1,540 £2,490 On-farm anaerobic digestion including use of the resultant biogas - up to 75,000 tonnes SR2010 No16 £980 £1,540 £1,580 Storage of digestate from anaerobic digestion plant - up to 75,000 tonnes SR2010 No17 £1,630 £980 £1,540 £780 Storage and treatment of dredgings for recovery - up to 125,000 tonnes SR2010 No18 £1,630 £980 £1,540 £1,580 Composting of biodegradable waste SR2011No 1 £1,630 £980 £1,540 £780 Small metal recycling sites SR2011No 2 £1,630 £980 £3,590 £1,280 Small vehicle storage, de-pollution and dismantling (authorised treatment) facility SR2011No 3 £1,630 £980 £3,590 £780 Treatment of waste wood for recovery SR2011 No 4 £1,630 £980 £1,540 £1,580 Section 7 - Environmental Permitting Charging Scheme 2014 105 Standard Facilities Rules number Application Transfer Surrender Subsistence Composting in closed systems (capacity up to 75 tonnes/day) SR2012 No3 £1,630 £980 £3,590 £2,490 Composting in open systems (capacity up to 75 tonnes/day) SR2012 No7 £1,630 £980 £3,590 £2,490 On-farm anaerobic digestion facility including the use of the resultant biogas SR2012 No10 £1,630 £980 £1,540 £1,580 Anaerobic digestion facility including use of the resultant biogas SR2012 No12 £1,630 £980 £1,540 £2,490 Metal recycling, vehicle storage, de-pollution & dismantling (authorised treatment) facility SR2012 No14 £1,630 £980 £3,590 £1,580 Storage of electrical insulating oils SR2012 No15 £1,630 £980 £3,590 £2,040 Small clinical waste treatment unit (capacity up to 100 tonnes/year) SR2013 No1 £1,630 £980 £540 £780 Management of extractive waste, not including a waste facility, SR2014 No2 generated from onshore oil and gas prospecting activities of drill, core and decommissioning without well stimulation (using oil and / or water based drilling mud). £1,630 £980 £2,540 £2,490 Fixed condition licences Number Application Normal Variation Transfer Surrender Subsistence Household Commercial Industrial Waste Transfer Station FCL1 - all volumes up to 75k tonnes N/A £1,960 £980 £3,590 £2,490 Household Commercial Industrial Waste Transfer Station with Treatment FCL2 - all volumes up to 75k tonnes N/A £1,960 £980 £3,590 £2,490 Household Commercial Industrial FCL3 Waste Transfer Station and Asbestos - all volumes up to 75k tonnes Storage N/A £1,960 £980 £3,590 £3,420 Section 7 - Environmental Permitting Charging Scheme 2014 106 Fixed condition licences Number Application Normal Variation Transfer Surrender Subsistence Household Commercial Industrial Waste Transfer Station with Treatment and Asbestos Storage FCL4 - all volumes up to 75k tonnes N/A £1,960 £980 £3,590 £3,420 Asbestos Waste Transfer Station FCL5 N/A £1,960 £980 £3,590 £2,040 Inert & Excavation Waste Transfer Station FCL6 - all volumes up to 75k tonnes N/A £1,960 £980 £3,590 £2,040 Inert & Excavation Waste Transfer Station with Treatment FCL7 - all volumes up to 75k tonnes N/A £1,960 £980 £3,590 £2,040 Non-hazardous household waste amenity site FCL8 - all volumes up to 75k tonnes N/A £1,960 £980 £3,590 £2,490 Non-hazardous & hazardous household waste amenity site FCL9 - all volumes up to 75k tonnes N/A £1,960 £980 £3,590 £2,490 Composting in open windrows FCL10 - all volumes up to 75k tonnes N/A £1,960 £980 £3,590 £2,490 Composting in closed vessels FCL11 - all volumes up to 75k tonnes N/A £1,960 £980 £3,590 £2,490 Vehicle de-pollution facility FCL12 - all volumes between 2.5k and 75k tonnes N/A £1,960 £980 £3,590 £2,490 Vehicle de-pollution facility FCL12 - <2.5k tonnes N/A £1,960 £980 £3,590 £780 Materials recycling facility FCL13 - all volumes up to 75k tonnes N/A £1,960 £980 £3,590 £2,040 Metal Recycling FCL14 - all volumes up to 75k tonnes N/A £1,960 £980 £3,590 £2,490 Section 7 - Environmental Permitting Charging Scheme 2014 107 Fixed condition licences Number Application Normal Variation Transfer Surrender Subsistence Non-hazardous Mechanical biological treatment facility FCL15 - all volumes up to 75k tonnes N/A £1,960 £980 £3,590 £2,490 Animal Carcass Incinerator (pet crematorium) FCL16 N/A £1,960 £980 £3,590 £780 Non-hazardous (sewage) sludge treatment facility FCL17 N/A £1,960 £980 £3,590 £3,420 Waste Electrical & Electronic Equipment (WEEE) treatment facility FCL18 - all volumes up to 75k tonnes N/A £1,960 £980 £3,590 £2,910 Clinical Waste & Healthcare waste Transfer Station FCL19 N/A £1,960 £980 £3,590 £2,910 Clinical Waste & Healthcare Waste Treatment & Transfer Station FCL20 N/A £1,960 £980 £3,590 £3,940 Storage of furnace ready scrap metal for recovery FCL21 - all volumes up to 75k tonnes N/A £1,960 £980 £3,590 £2,040 Disposal in Lagoons of Nonhazardous Dredging Sludges FCL22 N/A £1,960 £980 £3,590 £2,490 Waste facilities that are not fixed condition licences or standard facilities Application Normal Variation Transfer Surrender Subsistence Pet cemetery £400 £143 £380 £380 £156 Waste motor vehicle facility N/A £1,960 £980 £3,590 £780 Landfill gas facility £3,750 £1,960 £980 £2,540 £2,910 Section 7 - Environmental Permitting Charging Scheme 2014 108 Waste facilities that are not fixed condition licences or standard facilities Application Normal Variation Transfer Surrender Subsistence Use of wastes in construction - up to 100,000 tonnes. Same as SR2010 No7 or 8 but location requires assessment £2,640 £1,960 £980 £3,590 <50,000 tonnes - £1,580 50,001 to 100,000 tonnes - £2,040 Use of wastes for reclamation, restoration or improvement of land - up to 100,000 tonnes. Same as SR2010 No9 or 10 but location requires assessment £2,640 £1,960 £980 £3,590 <50,000 tonnes - £1,580 50,001 to 100,000 tonnes - £2,040 Treatment of waste to produce soil, soil substitutes, road-stone and aggregate up to 75,000 tonnes. Same as SR2010 No12 but location requires assessment £2,640 £1,960 £980 £3,590 £1,580 Manufacture of timber and construction products from waste up to 75,000 tonnes. Same as SR2010 No13 but location requires assessment £2,640 £1,960 £980 £3,590 £2,040 Composting. Same as SR2011 No1 or SR2010 No14 but location requires assessment N/A £1,960 £980 £1,540 £1,000 Section 7 - Environmental Permitting Charging Scheme 2014 109 Chapter 4 Tier 2 charges for mining waste operations Interpretation 1. In this Chapter “inert mining waste operation” means a mining waste operation which involves the management of only inert extractive waste; “non-inert mining waste operation” means a mining waste operation which involves the management of non-hazardous non-inert or hazardous extractive waste (as well as any inert waste), but a mining waste operation which includes a Category A mining waste facility or a mining waste facility involving the management of hazardous waste is not an inert mining waste operation or a non-inert mining waste operation. Charges 2. The charges within the table below apply to tier 2 facilities falling within this Chapter Mining Waste Operation Standard Rules Number (if applicable) Application Variation Transfer Surrender Subsistence Management of inert extractive wastes at mines and quarries SR2009 No8 £980 N/A £980 £540 £156 Management of inert extractive wastes at mines and quarries combination of water discharge activity and permit conditions same as SR2009 No8 N/A £980 £980 £980 £540 £156 Inert mining waste operation N/A £980 £980 £980 £540 £520 Non-inert mining waste operation with a non-inert mining waste facility N/A £2,640 £1,960 £980 £3,590 £1,000 Non-inert mining waste operation without a mining waste facility N/A £2,640 £1,960 £980 £540 £1,000 Section 7 - Environmental Permitting Charging Scheme 2014 110 Chapter 5 Tier 2 charges for radioactive substances activities Interpretation 1. In this Chapter “GTLD” means a gaseous tritium light device or gaseous tritium light source; “high complexity” means the site is used for the production of gaseous tritium light devices (GTLD) or gaseous tritium light sources (GTLS), or discharges and disposals are above a threshold of 30000 as calculated using the method in the Opra scheme; “low quantity” means the total holdings of open source radioactive materials does not exceed 10 GBq of technetium-99m or 20 MBq of other radionuclides; “low risk surrender” means an application for surrender of a permit which includes evidence that demonstrates that only short-lived radionuclides have been held or disposed of or that the site was never put into operation; “open source” means a radioactive source which is not a sealed source; “similar source” means such other sealed source which, in the opinion of the regulator, is of a similar level of potential hazard to a highactivity source. Section 7 - Environmental Permitting Charging Scheme 2014 111 Charges 2. The application, variation, transfer and surrender charges within the table below apply to tier 2 facilities falling within this Chapter Radioactive substances activities Standard Rules Number (if applicable) Application Variation Transfer Surrender Standard facility for source category 5 SR2010 No1 £390 N/A £120 £125 Accumulation and disposal of radioactive waste from the NORM Industrial Activity of the production of oil and gas SR2014 No4 £700 N/A £700 £530 Keeping and use of one or more sealed sources where each source, and all sources taken together, fall within source category 5 and/or accumulation and/or disposal of waste sealed sources N/A £600 £530 £370 £125 Keeping and use of one or more similar sources and/or accumulation and/or disposal of waste sealed sources N/A £1,590 £950 £530 £370 Keeping and use of one or more high-activity sources and/or accumulation and/or disposal N/A £2,000 £1,910 £950 £370 Keeping and use of open radioactive sources only N/A £600 £530 £370 £125 Keeping and use of open radioactive sources and/or accumulation and/or disposal of radioactive waste low quantity N/A £2,000 £950 £530 £370 Keeping and use of open radioactive sources and/or accumulation and/or disposal of radioactive waste not being low quantity or high complexity N/A £2,880 £1,910 £950 £2,470, or for a low risk surrender, £530 Keeping and use of open radioactive sources and/or accumulation and/or disposal of radioactive waste high complexity. N/A £3,650 £2,400 £1,950 £2,470, or for a low risk surrender, £530 Section 7 - Environmental Permitting Charging Scheme 2014 112 3. The subsistence charges within the table below apply to tier 2 facilities falling within this Chapter To determine the subsistence charge for a site, firstly identify the row correctly describing the radioactive substances activity or activities relating to open source use and then the column correctly describing the radioactive substances activity or activities relating to sealed source use. The subsistence charge is that shown at the intersection of the row and the column so identified. Radioactive substances activities involving the keeping, use, accumulation and disposal of open radioactive sources Radioactive substances activities involving the keeping, use, accumulation and disposal of sealed radioactive sources No keeping or use of sealed sources No keeping or use of open radioactive sources Standard facility for source category 5 Keeping and use of one or more sealed sources where each source, and all sources taken together, fall within source category 5 and/or accumulation and/or disposal Keeping and use of one or more similar sources and/or accumulation and/or disposal Keeping and use of one or more high-activity sources and/or accumulation and/or disposal £300 or where each source £300 or where each source is a GTLD, £96 is a GTLD, £96 £1,250 £1,450 Keeping and use of open radioactive sources only £300* £300 £300 £1,250 £1,450 Keeping and use of open radioactive sources and/or accumulation and/or disposal of radioactive waste - low quantity £510 £510 £510 £1,450 £1,990 Keeping and use of open £1,450 radioactive sources and/or accumulation and/or disposal of radioactive waste - not being low quantity or high complexity £1,990 £1,990 £2,420 £3,330 Keeping and use of open radioactive sources and/or accumulation and/or disposal of radioactive waste - high complexity. £3,330 £3,330 £3,840 £3,840 £2,830 The subsistence charge for SR2014 No4 (permit type O) is £1250. Section 7 - Environmental Permitting Charging Scheme 2014 113 Chapter 6 Tier 2 charges for groundwater activities. Interpretation 1. In this Chapter “discharge” means a discharge to groundwater of used sheep dip, waste pesticide washings, solids or other waste substances (but excluding treated sewage effluent and water used for heating / cooling purposes) which is described in the tables below and is a standalone groundwater activity or a groundwater activity carried on as part of the operation of a mining waste operation. Charges 2. The charges within the tables below apply to tier 2 facilities falling within this Chapter. Solid discharges to groundwater Activity/ Permit name Solids Application Charge Variation Charge Subsistence Charge Small solid discharge Less than or equal to 8 tonnes £700 £370 £300 Medium solid discharge Greater than 8 but less than or equal to 100 tonnes £1,590 £530 £510 Large solid discharge Greater than 100 tonnes £7,190 £2,400 £3,840 Liquid discharges to groundwater Activity/Permit type Sheep dip volume Pesticide washings volume Application Charge Variation Charge Subsistence Charge Small liquid discharge Less than or equal to 10 m3/yr All volumes £390 £75 £153.90 Medium liquid discharge Greater than 10 m3/yr but less than or equal to 50 m3/yr N/A £600 £370 £510 Large liquid discharge Greater than 50 m3/yr N/A £960 £530 £3,840 Section 7 - Environmental Permitting Charging Scheme 2014 114 Schedule 2 TIER 3 FACILITY Interpretation 1. In this Schedule “waste facility” means (1) a waste operation or a group of waste operations described in Schedule 3, which is not carried on as part of an installation, or (2) waste mobile plant; “waste facility group” means one or more waste facility which is the subject of an application or permit; “installation group” means one or more installation which is the subject of an application or permit and an installation includes part of an installation and means (a) a Part A (1) installation; or (b) a Part A(2) or Part B installation, a Part B mobile plant or a small waste incineration plant which is the subject of a direction under regulation 33 of the Regulations, transferring the functions in relation to that installation or plant to the Agency; “tier 3 mining waste operation” means a mining waste operation described in Schedule 3. Opra charging score 2. The Opra charging score for a tier 3 facility shall be the sum of the figures attributable, in accordance with the relevant Table of Opra weighting factors in this Schedule, to the Opra banded profile which has been accorded to that facility on the relevant date. 3. For the purposes of paragraph 2 (1) the Opra banded profile shall have the meaning accorded to that term in the Opra Scheme; and (2) the relevant date shall be (a) in the case of charges arising under paragraphs 9, 22(1) (a), 27, and 30 of this Scheme, the date on which the relevant application is duly made; (b) in the case of charges arising under paragraph 22(1) (b) of this Scheme, the date on which the relevant notice is served; or (c) in the case of charges arising under paragraph 14 of this Scheme, 31st December in the calendar year preceding the year in which the charge is payable; or the date on which the permit was issued if later (for the first such charge only). Section 7 - Environmental Permitting Charging Scheme 2014 115 Installations Relevant Charge Multipliers 4. (1) The relevant charge multipliers for an installation group, for the purposes of charges arising under the following paragraphs of the Charging Scheme are - Charge Multiplier (£) Paragraph 9 - the Permit Application Charge 206 Paragraph 14 - the Subsistence Charge 101 Paragraph 22 - the Normal Variation Charge 58 Paragraph 22 - the Substantial Variation Charge 113 Paragraph 30 - the Full Surrender Charge 127 Paragraph 30 - the Part Surrender Charge 99 (2) For the purposes of this paragraph and the charges arising under paragraph 22 of this Scheme, the substantial variation charge multiplier shall apply in the case of every variation application or notice (a) to which the public participation requirements of the Regulations apply, in accordance with paragraph 5(2) of Schedule 5 of the Regulations; or (b) that includes, or responds to information received from an operator which includes, a proposal for a derogation under article 15(4) of Directive 2010/75/EU on industrial emissions (integrated pollution and control). Opra Weighting Factors 5. The relevant Opra weighting factors for an installation group are - Attribute Band Score A B C D E Complexity Note each activity is scored 2 15 45 82 110 Emissions Air 3 10 20 35 50 Water 3 10 20 35 50 Land 3 10 20 35 50 Waste input 3 10 20 35 50 Sewer 1 2 3 5 10 Off-site waste 1 2 3 5 10 Location 3 10 20 40 60 Operator Performance 10 25 40 60 75 Section 7 - Environmental Permitting Charging Scheme 2014 116 Waste facilities Relevant Charge Multipliers 6. The relevant charge multipliers for a waste facility group, for the purposes of charges arising under the following paragraphs of the Charging Scheme are Charge Multiplier (£) Paragraph 9 - the Permit Application Charge 172 Paragraph 22 - the Normal Variation Charge 140 Paragraph 30 - the Full Surrender Charge 125 Paragraph 30 - the Part Surrender Charge 125 Opra Weighting Factors 7. The relevant Opra weighting factors for a waste facility group are - Attribute Band Score A B C D E 4 10 35 50 65 3 7 15 30 40 Location 1 2 3 5 7 Operator Performance 2 4 7 10 14 Complexity Note each activity is scored Emissions Air Water Land Waste input Sewer Off-site waste Tier 3 mining waste operations Relevant Charge Multipliers 8. The relevant charge multipliers for a tier 3 mining waste operation, for the purposes of charges arising under the following paragraphs of the Charging Scheme are Charge Multiplier (£) Paragraph 9 - the Permit Application Charge 172 Paragraph 22 - the Normal Variation Charge 140 Paragraph 22 - the Substantial Variation Charge 140 Paragraph 30 - the Full Surrender Charge 125 Paragraph 30 - the Part Surrender Charge 125 Section 7 - Environmental Permitting Charging Scheme 2014 117 Opra weighting factors 9. The relevant Opra weighting factors for a tier 3 mining waste operation are Attribute Band Score A B Complexity Emissions C D E 35 Air Water Land Waste input 15 Sewer Off-site waste Location 1 2 3 5 7 Operator Performance 2 4 7 10 14 Tier 3 Mobile plant deployment charges Interpretation 10. In this Table “land remediation” means the on-site treatment of contaminated soil and/or contaminated controlled waters either in-situ or ex-situ by waste mobile plant; “lower risk”, “medium risk” and “higher risk” in relation to the deployment of waste mobile plant, have the same meanings as in Schedule 1, Part 2, Chapter 2, except that where the waste to be treated in that deployment is not listed in standard rules SR2010 No4, SR2010 No5 or SR2010 No6, the deployment shall be deemed to be “higher risk”; “lower risk” in relation to the deployment of Part A(1) mobile plant, means plant which is authorised by a permit which does not authorise any point source emissions and where the Agency has agreed that the deployment does not require site specific assessment of best available techniques; “waste spread to land for recovery” means the recovery of waste to agricultural or nonagricultural land by conferring benefit through the physical, chemical and biological improvement of the soil to support growth and must be for the purpose of providing, maintaining or improving the soil’s ability to provide a growing medium, where undertaken by waste mobile plant; “waste treatment” means any other waste operation carried out by waste mobile plant which is not land remediation or waste spread to land for recovery. 11. The relevant mobile plant deployment charges are Description Type of deployment Charge (£) (a) Land remediation. Per deployment 2,490 (b) Any waste spread to land for recovery Per lower risk deployment 410 Per medium risk deployment 780 Per higher risk deployment 1,000 Per deployment 2,490 (c) Waste treatment Section 7 - Environmental Permitting Charging Scheme 2014 118 Schedule 3 SUBSISTENCE CHARGES FOR WASTE FACILITIES (EXCLUDING WASTE MOBILE PLANT) AND MINING WASTE OPERATIONS THAT ARE NOT TIER 2 FACILITIES Interpretation 1. In this Schedule "building or demolition waste" means waste arising from works of construction (including improvement, repair or alteration) or demolition, including waste arising from work preparatory thereto; “hazardous waste” has the meaning given in the Hazardous Waste (England and Wales) Regulations 2005 and the Hazardous Waste (Wales) Regulations 2005; “household”, “industrial” and “commercial” waste have the meanings given in the 1990 Act; “incinerator” means the burning of waste in a plant which would fall within the description in paragraph D6 of Part 1 of Schedule 3 of the Regulations; "inert waste" means waste which, when disposed of in or on land, does not undergo any significant physical, chemical or biological transformation; “Table” means a table in this schedule. Charges 2. (1) Subject to sub-paragraphs (2) to (8), for each waste facility and mining waste operation authorised by the permit the total of the sums shown in Tables 1 to 8 in this Schedule (2) Where a permit relates to waste facilities falling within more than one Part of a Table or, as the case may be, to descriptions of waste falling within more than one paragraph of column (1) of a Table, the highest of the sums deriving from each of those Parts or paragraphs calculated on the basis of the total amount of waste (of whatever description) intended to be subject under the permit to the waste facility or facilities specified within the Table in question. (3) Where a permit authorises both the treatment and the keeping of waste, in respect of both waste facilities, the higher of the sums deriving from Table 1 and Table 2, or where such sums are equal, that sum. (4) Where a permit authorises both the keeping and disposal of waste by an incinerator, in respect of both waste facilities, the sum determined in accordance with Part B of Table 3. Section 7 - Environmental Permitting Charging Scheme 2014 119 (5) Sub-paragraph (6) applies where, immediately before 1st April 2009, more than one permit was held by the same person and (a) the land specified in each of those permits adjoins the area specified in one or more of the other permits; (b) each of those permits authorises the carrying on of the same waste facility in relation to the same descriptions of waste; and (c) none of those permits falls within Table 4 (permit for disposal of controlled waste where disposal operations have ceased); (6) Where sub-paragraph (5) applies only one sum is payable in respect of the relevant permits, namely, whichever is the lower of (a) the equivalent to the sum which would be payable if all the waste to which those permits relate had been the subject of a single permit; or (b) the total of the sums calculated for each permit separately. (7) Where the sum in respect of the permit is determined in accordance with Table 3 or Table 4 (whether by reference to Table 3 or Table 4 alone or in conjunction with other Tables), and the land specified in the permit adjoins an installation which is a landfill, the sum shall be reduced by 10%. (8) For the purposes of sub-paragraphs (5) and (7), land specified in one of the permits shall be treated as adjoining land specified in another of the permits notwithstanding that the areas of land are separated by a highway. TABLE 1 PERMIT FOR THE TREATMENT OF WASTE IN OR ON LAND (1) In this Table "permit" means a site permit which authorises or which, if granted or modified in accordance with the application, will authorise the treatment of waste; "amount of waste" means the maximum annual amount in tonnes of waste which under the permit (a) is authorised to be received at the site for treatment; or (b) is authorised to be treated at the site where it was produced; “civic amenity facility” is a facility that is operated to meet the obligations of a waste disposal authority under section 51(1) (b) of the Environmental Protection Act 1990. (2) This Table has the following Parts Part Operation authorised by permit Part A The treatment of waste for the purpose of recycling. Part B The treatment of waste for any other purpose. Section 7 - Environmental Permitting Charging Scheme 2014 120 PART A: The treatment of waste for the purpose of recycling Description of waste Amount of waste (annual) Charge (£) (a) Any waste which is hazardous waste other than: (i) <5,000 tonnes 3,220 (i) (ii) ≥5,000 <25,000 tonnes 4,090 (iii) ≥25,000 <75,000 tonnes 5,030 (iv) ≥75,000 tonnes 6,700 (b) Any household or commercial waste except: (i) <5,000 tonnes 1,730 (i) (ii) ≥5,000 <25,000 tonnes 2,350 (ii) waste motor vehicles; (iii) ≥25,000 <75,000 tonnes 2,610 (iii) motor vehicle batteries or their contents; (iv) ≥75,000 tonnes 3,430 (i) <5,000 tonnes 1,170 (ii) ≥5,000 <25,000 tonnes 1,440 (iii) ≥25,000 <75,000 tonnes 1,880 (iv) ≥75,000 tonnes 2,500 (i) <2,500 tonnes 780 the contents of motor vehicle batteries; or (ii) hazardous waste which forms part of, or is contained in, a waste motor vehicle and was necessary for the normal operation of the vehicle; (iii) bonded asbestos; or (iv) Waste Electrical and Electronic Equipment; (v) Hazardous waste accepted at a civic amenity facility. scrap metal; (iv) hazardous waste which forms part of, or is contained in, a waste motor vehicle and was necessary for the normal operation of the vehicle. (c) Any waste not falling within sub paragraphs (a), (b) and (d). (d) Permits for waste motor vehicles that take less than 2,500 tonnes. Section 7 - Environmental Permitting Charging Scheme 2014 121 PART B: The treatment of waste for any other purpose Description of waste Amount of waste (annual) Charge (£) (a) Any waste which is hazardous waste other than: (i) <5,000 tonnes 8,210 (i) (ii) ≥5,000 <25,000 tonnes 10,600 (ii) Waste Electrical and Electronic Equipment; (iii) ≥25,000 <75,000 tonnes 12,960 (iii) Hazardous waste accepted at a civic amenity facility. (iv) ≥75,000 tonnes 17,230 (b) Household or commercial waste. (i) <5,000 tonnes 2,130 (ii) ≥5,000 <25,000 tonnes 2,760 (iii) ≥25,000 <75,000 tonnes 3,450 (iv) ≥75,000 tonnes 4,590 (i) <5,000 tonnes 1,400 (ii) ≥5,000 <25,000 tonnes 1,910 (iii) ≥25,000 <75,000 tonnes 2,510 (iv) ≥75,000 tonnes 3,330 bonded asbestos; (c) Waste not falling within sub-paragraphs (a) and (b) above. TABLE 2: Permit for the keeping of waste in or on land (1) In this Table"permit" means a permit which authorises or which, if granted or varied in accordance with the application, will authorise the keeping of waste "amount of waste" means the maximum annual amount in tonnes of waste which under the permit (a) is authorised to be received at the site for keeping; or (b) is authorised be kept at the site where it was produced; “civic amenity facility” is a facility that is operated to meet the obligations of a waste disposal authority under section 51(1) (b) of the Environmental Protection Act 1990. Section 7 - Environmental Permitting Charging Scheme 2014 122 (2) This Table has the following Parts Part Operation authorised by permit Part A The keeping of waste for any purpose at the site where it was produced. Part B This table is redundant. Part C The keeping of waste for the purpose of recycling at a site other than where it was produced. Part D This table is redundant. Part E The keeping of waste for any purpose other than recycling at a site other than where it was produced. PART A: The keeping of waste for any purpose at the site where it was produced Description of waste Amount of waste (annual) Charge (£) Any waste. (i) <500 tonnes 161 (ii) ≥500 <2,500 tonnes 330 (iii) ≥2,500 tonnes 480 PART C: The keeping of waste for the purpose of recycling at a site other than where it was produced Description of waste Amount of waste (annual) Charge (£) (a) Any waste which is hazardous waste other than: (i) <5,000 tonnes 1,780 (i) (ii) ≥5,000 <25,000 tonnes 2,130 (iii) ≥25,000 <75,000 tonnes 2,770 (iv) ≥75,000 tonnes 3,690 the contents of motor vehicle batteries; (ii) hazardous waste which forms part of, or is contained in, a waste motor vehicle and was necessary for the normal operation of the vehicle; (iii) bonded asbestos; or (iv) Waste Electrical and Electronic Equipment; (v) Hazardous waste accepted at a civic amenity facility. Section 7 - Environmental Permitting Charging Scheme 2014 123 Description of waste Amount of waste (annual) Charge (£) (b) Any waste not falling within sub-paragraph (a) above. (i) <5,000 tonnes 1,030 (ii) ≥5,000 <25,000 tonnes 1,460 (iii) ≥25,000 <75,000 tonnes 1,890 (iv) ≥75,000 tonnes 2,550 (i) <2,500 tonnes 780 (c) Permits for waste motor vehicles that take less than 2,500 tonnes. PART E: The keeping of waste for any purpose other than recycling at a site other than where it was produced Description of waste Amount of waste (annual) Charge (£) (a) Any waste which is hazardous waste other than: (i) <5,000 tonnes 4,840 (i) (ii) ≥5,000 <25,000 tonnes 7,090 (ii) Waste Electrical and Electronic Equipment; (iii) ≥25,000 <75,000 tonnes 9,250 (iii) Hazardous waste accepted at a civic amenity facility. (iv) ≥75,000 tonnes 12,300 (b) Any building or demolition waste or inert waste. (i) <5,000 tonnes 1,030 (ii) ≥5,000 <25,000 tonnes 1,690 (iii) ≥25,000 <75,000 tonnes 2,710 (iv) ≥75,000 tonnes 3,590 (i) <5,000 tonnes 1,980 (ii) ≥5,000 <25,000 tonnes 2,860 (iii) ≥25,000 <75,000 tonnes 4,130 (iv) ≥75,000 tonnes 5,480 bonded asbestos; (c) Any waste not falling within sub paragraphs (a) and (b) above. Section 7 - Environmental Permitting Charging Scheme 2014 124 TABLE 3: Permit for the disposal of waste in or on land (1) In this Table"permit" means a permit which authorises or which, if granted or varied in accordance with the application, will authorise the disposal of waste; "amount of waste" in Part A means the maximum annual amount in tonnes of waste which under the permit (a) is authorised to be received at the site for disposal; or (b) is authorised to be disposed of at the site where it was produced; "amount of waste" in Part B means the maximum amount in kilograms of waste which under the permit may be fed into the incinerator per hour; “description of waste” includes any hazardous waste that is or has been referred to in the permit as being authorised under the permit on or after 15 June 2002 until such time as the permit is varied so that no such hazardous wastes are referred to in the permit. (2) In Part A the subsistence charge does not apply where (a) the permit has been revoked so far as it authorises the disposal of waste, subject to requirements which continue to bind the permit holder; or (b) the site has been closed within the meaning given in Table 4. (3) This Table has the following parts Part Operation authorised by permit Part A The disposal of waste other than by burning in an incinerator. Part B The disposal of waste by burning in an incinerator. Section 7 - Environmental Permitting Charging Scheme 2014 125 PART A: The disposal of waste other than by burning in an incinerator Description of waste Amount of waste (annual) Charge (£) (a) Waste which consists only of hazardous waste other than bonded asbestos. (i) <25,000 tonnes 6,180 (ii) ≥25,000 <75,000 tonnes 11,640 (iii) ≥75,000 tonnes 15,480 (i) <25,000 tonnes 8,240 (ii) ≥25,000 <75,000 tonnes 16,680 (iii) ≥75,000 <150,000 tonnes 22,180 (iv) ≥150,000 tonnes 32,700 (i) <5,000 tonnes 2,070 (ii) ≥5,000 <25,000 tonnes 2,980 (iii) ≥25,000 <75,000 tonnes 4,940 (iv) ≥75,000 tonnes 6,570 (i) <25,000 tonnes 4,130 (ii) ≥25,000 <75,000 tonnes 6,580 (iii) ≥75,000 tonnes 8,760 (e) Waste which consists only of dead domestic pets. No limit 151 (f) Any waste not falling within sub-paragraphs (a) to (d) and (g). (i) <25,000 tonnes 6,090 (ii) ≥25,000 <75,000 tonnes 9,200 (iii) ≥75,000 tonnes 12,230 No limit 2,530 (b) Any combination of hazardous waste other than bonded asbestos and other waste. (c) Any inert waste, including topsoil, not falling within sub-paragraphs (a) and (b) above. (d) Any industrial waste not falling within sub-paragraphs (a) to (c) above. (g) The deposit of non-hazardous dredgings. Section 7 - Environmental Permitting Charging Scheme 2014 126 PART B: The disposal of waste by burning in an incinerator Description of waste Amount of waste (kg per hour) Charge (£) (a) Any waste. ≤ 50 kilograms 850 TABLE 4: Permit for the disposal of waste in or on land where the entire site has been closed (1) In this Table "amount of waste" means the aggregate amount in tonnes of waste disposed of at the site under and throughout the subsistence of the permit (including any period during which the permit was a waste management licence within the meaning of the 1990 Act or a waste disposal licence within the meaning of the Control of Pollution Act 1974); “Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as read with Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to article 16 and Annex 11 to Directive 1999/31/EC. (2) A site is closed for the purpose of this Table if (a) where it is a landfill within the meaning of the Landfill Directive, once the entire site has definitely closed before 1st April in any year; (b) in any other case, where the Agency has commenced post closure inspections in respect of the entire site before 1st April in any year. (3) The service of a landfill closure notice shall not be treated as causing a site to fall within this Table. Description of waste Amount of waste Charge (£) (a) Waste which consists only of hazardous waste other than bonded asbestos. (i) <250,000 tonnes 700 (ii) ≥250,000 <1,000,000 tonnes 920 (iii) ≥1,000,000 tonnes 1,170 (i) <250,000 tonnes 780 (ii) ≥250,000 <1,000,000 tonnes 1,050 (iii) ≥1,000,000<2,500,000 tonnes 1,320 (iv) ≥2,500,000 tonnes 1,750 (b) Any combination of hazardous waste other than bonded asbestos and other waste. Section 7 - Environmental Permitting Charging Scheme 2014 127 Description of waste Amount of waste Charge (£) (c) Any inert waste not falling within sub-paragraphs (a) or (b) above. (i) <50,000 tonnes 297 (ii) ≥50,000 <250,000 tonnes 350 (iii) ≥250,000 < 1,000,000 tonnes 450 (iv) ≥1,000,000 tonnes 610 (i) <250,000 tonnes 470 (ii) ≥250,000 <1,000,000 tonnes 670 (iii) ≥1,000,000 tonnes 890 (e) Waste which consists only of dead domestic pets. No limit 151 (f) Any waste not falling within sub-paragraphs (a) to (d) and (g). (i) <250,000 tonnes 590 (ii) ≥250,000 <1,000,000 tonnes 810 (iii) ≥1,000,000 tonnes 1,080 No limit 320 Description of waste Amount of waste Charge (£) (a) Any waste. No limit 2,530 (d) Any industrial waste not falling within sub-paragraphs (a) to (c) above. (g) The deposit of non-hazardous dredgings. TABLE 5: Not in use TABLE 6: The Deposit of Waste to Land as a Recovery Activity Section 7 - Environmental Permitting Charging Scheme 2014 128 TABLE 7: Additional charge for the regulation of landfill gas and other biogas engines Part A Description of waste facility Amount of waste Charge (£) Landfill gas engines, combined heat and power plants and other biogas engines even if a charge is payable under Table 3 or Table 4. No limit 3,320 Part B Description of waste facility Amount of waste Charge (£) Waste facilities burning biogas other than from a landfill. Where a permit authorises a waste facility for treatment and/or keeping of waste in addition to the burning of biogas, the charge will be the higher of the sums deriving from Table 1, Table 2 or the charge in this table. No limit 3,320 TABLE 8: Mining waste operations 1. The charge in this table is the annual subsistence charge for all mining waste operations which include a Category A mining waste facility or a mining waste facility involving the management of hazardous waste. Description of waste Amount of waste Charge (£) Any extractive waste. No limit 3,940 Section 7 - Environmental Permitting Charging Scheme 2014 129 SCHEDULE 4 CHARGES FOR SPECIFIED WATER ACTIVITIES INTERPRETATION 1. In this Schedule, except where the context otherwise requires "the 1991 Act" means the Water Resources Act 1991 as amended by the Environment Act 1995 and except in so far as expressly interpreted in this Schedule shall be construed by reference to that Act; "the 1995 Act" means the Environment Act 1995 and except in so far as expressly interpreted in this Schedule, this Schedule shall be construed by reference to that Act; "discharge" means a discharge of an effluent under a permit; “abandonment” means the same as defined in section 91A of the 1991 Act as amended by section 58 of the 1995 Act; “receiving waters” means the same as defined in paragraph 6.3 of this Schedule; “year” means a period of 12 months commencing on 1 April; "direct cooling water" means cooling water which is used for temperature reduction purposes and does not come into open contact with any process; "organic nature" means effluent with Biochemical Oxygen Demand and/or Chemical Oxygen Demand limits. THE CHARGES CHARGE RATES 2. The charge rates are (a) for the Standard Application Charge, £885 (b) for the Reduced Application Charge, £125 (c) for the Annual Charge Financial Factor, £684 APPLICATION CHARGE 3. (1) In respect of each application for a permit or application for variation of a permit there shall be payable (a) the Standard Application Charge except as provided for in (b) below; (b) the Reduced Application Charge where the effluent is any of the following (i) sewage effluent where the proposed volume is 5 cubic metres or less per day; (ii) sewage effluent which contains trade effluent or other matter where the proposed volume is 5 cubic metres or less per day; (iii) trade effluent from cooling or heat exchange where the proposed volume is 10 cubic metres or less per day; (iv) surface water not containing trade effluent; (v) site drainage. (2) Where an application relates to more than one discharge a charge is made for each such discharge. Section 7 - Environmental Permitting Charging Scheme 2014 130 SUBSISTENCE CHARGE 4. (1) There shall be payable a charge which is the product of the following four factors related to the permit pursuant to which the discharge is made A The Volume Factor B The Contents Factor C The Receiving Water Factor D The Financial Factor (2)(a) Subject to paragraph (b) below where a permit authorises the discharge of more than one effluent a charge is made for each such effluent authorised whether or not they may be discharged together or from one or more outlets. (b) Where effluents receive treatment together or having joined together are then monitored together by the Agency prior to discharge or where effluents are of the same nature and the monitoring of any one or more of them is the means by which the Agency monitors them all, subject to paragraph (c) below, one charge only is made, determined according to the highest contents band into which any of the constituent effluents fall, and according to their aggregated volume. (c) Where an effluent is discharged to more than one receiving water a charge is made for each discharge to a different receiving water. (3) Subsistence Charges will not be made for discharges of sewage effluent where the maximum daily volume of discharge authorised by the permit is 5 cubic metres or less. (4)(a) Where a permit restricts a discharge from taking place for a consecutive period of three months or more during a year, the charge shall be reduced by 4% per calendar month of restriction i.e. pro rata by month to the general reduction in cost to the Agency. Such a reduction will be applied prior to any other reduction or abatement under the Scheme. (b) Subject to paragraphs (4) (a) and (4) (b) above, no reduction in charges is made where a discharge is made in part or parts of the year under a permit which is in force for the whole of the year. (5) If an operator undertakes to monitor discharges under a permit in such a manner as, in the Agency's view, will enable the Agency's monitoring costs to be reduced, the Agency will make a reduction to the charge for the year or provide a rebate, having regard to consequent reduction in its costs. The Agency may at any time make a charge as provided under the Scheme without an abatement, if the operator fails to monitor in accordance with an undertaking. Where an operator first makes a discharge under a permit after the commencement of the year an undertaking may be given at any time prior to first making a discharge. Section 7 - Environmental Permitting Charging Scheme 2014 131 THE FACTORS Volume 5. (1) The Volume Factor relates to the maximum daily volume of discharge authorised by the permit as follows - Cubic Meters Band Factor Up to and including 5 A 0.3 20 B 0.5 More than 5 up to and including " 20 " " " 100 C 1 " 100 " " " 1,000 D 2 " 1,000 " " " 10,000 E 3 " 10,000 " " " 50,000 F 5 " 50,000 " " " 150,000 G 9 " 150,000 H 14 (2) Subject to sub-paragraphs (3) and (4) below, where no maximum daily volume is fixed by a permit the volume factor is 1.0 except where the discharge is (i) made in an emergency; (ii) surface water (not containing trade effluent); when the factor is 0.3 (iii) from a fish farm located in surface waters, estuarial waters or coastal waters when the factor is 5.0. (3) For sewage treatment works final effluents (i) the maximum daily volume is the flow to full treatment; (ii) where no maximum daily volume is specified in the permit, but an average daily flow is given the maximum daily volume shall be taken to be 2.4 times the average daily flow; (iii) if a dry weather flow only is specified the maximum daily volume shall be taken to be 3 times dry weather flow. (4) For trade effluents (i) the maximum daily volume is the flow to full treatment; (ii) where no maximum daily volume is specified in the permit, but a daily dry weather flow is given this shall be taken to be the maximum daily volume except where the discharge may contain rainfall when the maximum daily volume shall be taken to be 3 times the daily dry weather flow. Section 7 - Environmental Permitting Charging Scheme 2014 132 Contents 6. (1) The Contents Factor relates to the provisions in the permit controlling or regulating the contents of the discharge as follows Band Factor A 14 B 5 C 3 D 2 E 1 F 0.5 G 0.3 (2) BAND A - Trade or sewage effluent discharged under a permit (i) Where the permit conditions contain numeric conditions for any of the following substances excluding any condition for total oil and/or grease Pesticides including Organotins Fungicides Herbicides Polyhalogenated Biphenyls Polynuclear Aromatic Hydrocarbons Aliphatic Hydrocarbons Aromatic Hydrocarbons Halogenated Hydrocarbons including Haloforms Alcohols with the exception of Methanol, Ethanol, Butanol and Propanol, Glycols (including Total and Poly) Aromatic Nitrogen Compounds Phenolic Compounds (with the exception of Total and Mono hydric phenols) Heterocyclic Hydrocarbons Esters Ethers Ketones Aldehydes (with the exception of Formaldehyde) (ii) Where the permit conditions include viruses; (iii) Where the permit conditions specify the need for Toxicity Tests other than Rapid Bacterial Toxicity Tests to determine compliance. Section 7 - Environmental Permitting Charging Scheme 2014 133 (3) BAND B - Except where the permit falls in Band A trade or sewage effluent (i) Where the permit conditions contain numeric conditions for any of the following substances Metals and Metalloids Cyanides Sulphides Phenolic Compounds (Total and Monohydric) Methanol Ethanol Butanol Formaldehyde Propanol Glycols (including Total and Poly) Carboxylic Acids Organic Nitrogen Compounds (other than those above and in Band A and with the exception of Urea and Quaternary Ammonium Salts); (ii) Where the permit conditions specify Rapid Bacterial Toxicity Tests to determine compliance; (iii) Where permit conditions include bacteria. (4) BAND C - Except where the permit falls in Bands A or B (i) Sewage effluent with numeric conditions other than volume but not including effluents specified in Band E (ii); (ii) All discharges of trade effluent of an organic nature with numeric conditions other than those included in Band E, F and G. (5) BAND D - Except where the permit falls in Bands A, B or C (i) Sewage effluent with no numeric conditions other than volume or only descriptive conditions other than those effluents specified in Band E (ii); (ii) All other discharges of trade effluent other than those specified in Bands E, F, and G. (6) BAND E - Except where the permit falls in Bands A, B, C or D (i) Site drainage from trade premises; (ii) Storm and emergency discharges at treatment works, pumping stations and from drainage systems; (iii) All trade effluents of direct cooling water other than those specified in Band G; (iv) All trade effluents from the prevention of interference with mining or quarrying and from the continuation of pumping of such discharges from mines following abandonment other than those specified in Band F. Section 7 - Environmental Permitting Charging Scheme 2014 134 (7) BAND F (i) Surface water (not containing trade effluent); (ii) Trade effluent from the prevention of interference with mining or quarrying and from the continuation of pumping of such discharges from mines following abandonment for which there are no conditions or the only conditions are one or more of volume, suspended solids, iron, pH and chloride; (iii) Trade effluents where the permit authorises the discharge of water abstracted from the controlled water after use in a trade, subject to limits only in the increase of concentrations of Biochemical Oxygen Demand and/or solids in suspension and/or ammonia in the water; (iv) Any effluent not identified elsewhere. (8) BAND G (i) Trade effluent of direct cooling water for which the only conditions are one or more of volume, temperature, pH and chlorine; (ii) Trade effluents where the permit authorises the discharge of water after use for the cultivation of plants. Receiving Waters 7. (1) The Receiving Water Factors are Band Factor Groundwater or land G 0.5 Coastal waters C 0.8 Surface waters S 1 Estuarial waters E 1.5 (2) For the purposes of this paragraph the waters referred to above shall have the following meanings GROUNDWATER – Groundwater is all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil; COASTAL WATERS - Coastal waters are any waters seaward from the baselines for estuarial waters (as defined below) and waters seaward from the high water mark (as defined in Ordnance Survey maps) outside estuarial baselines; SURFACE WATERS - Surface waters are the waters defined as inland freshwaters by section 104(1) of the Water Resources Act 1991; ESTUARIAL WATERS - Estuarial waters are any waters which are within the area which extends landward from the baselines identified in the maps deposited at the Agency's Regional offices for this purpose, upstream to the fresh-water limit; INLAND FRESHWATERS – Inland freshwaters have the same meaning as in section 104 Water Resources Act 1991. Financial Factor The Financial Factor in respect of the Annual Charge is the charge rate set annually in accordance with paragraph 3 above. Section 7 - Environmental Permitting Charging Scheme 2014 135 www.gov.uk/environment-agency Section 7 - Environmental Permitting Charging Scheme 2014 136