Environmental Permitting Regulations 2016 — Waste and Pollution Guide
The Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016) consolidate the environmental permitting framework, replacing the 2007 Regulations. They cover waste operations, water discharge activities, groundwater activities, and industrial installations. For businesses storing, handling, or disposing of chemicals and waste oils, understanding EPR 2016 is essential to avoid criminal prosecution.
Regulation 12 — The Permit Requirement
Regulation 12(1) makes it an offence to operate a regulated facility without an environmental permit, unless an exemption applies. Regulated facilities include waste operations, water discharge activities, and installations under Schedule 1. The offence under Regulation 38(1) carries an unlimited fine and up to 12 months imprisonment on summary conviction, or an unlimited fine and up to 5 years imprisonment on indictment.
Permit Types
| Permit Type | When Required | Cost (approx.) |
|---|---|---|
| Standard Rules Permit | Low-risk, pre-defined activities (e.g. SR2010 No.4 for waste oil storage up to 3,000L) | £1,650 (application) |
| Bespoke Permit | Complex or higher-risk activities not covered by standard rules | £1,650–£25,000+ |
| Exemption (Schedule 3) | Low-risk activities meeting specific criteria — must be registered with EA | Free (registration only) |
| Regulatory Position Statement (RPS) | Where EA temporarily accepts non-compliance during transition periods | Free |
Waste Oil Storage — Key Thresholds
For businesses storing waste oil (a common requirement in workshops, factories, and agricultural operations), the following thresholds apply:
- Up to 3,000 litres: Waste exemption T9 (Recovering waste oil) applies — register with EA, no permit fee
- 3,001 to 25,000 litres: Standard Rules Permit SR2010 No.4 required
- Above 25,000 litres: Bespoke environmental permit required
In all cases, storage must be in bunded containers with 110% secondary containment capacity.
Regulation 38 Offences and Enforcement
The EA has a range of enforcement tools under EPR 2016:
- Enforcement Notice: Requires compliance within a specified period
- Suspension Notice: Suspends the permit immediately if serious risk of pollution
- Variation Notice: Changes permit conditions
- Revocation: Withdraws the permit entirely
- Civil Sanctions: Fixed monetary penalties up to £300,000 (Schedule 4)
- Criminal Prosecution: Unlimited fine + imprisonment (Regulation 38)
Interaction with COSHH and Water Resources Act
EPR 2016 operates alongside COSHH Regulations 2002 (which governs workplace exposure) and the Water Resources Act 1991 (which governs water pollution offences). Compliance with an EPR permit does not automatically mean COSHH compliance, and vice versa. Sites must satisfy all three legislative frameworks simultaneously.
Last reviewed: April 2026 | Need compliance advice? Call 01744 520 110 or email sales@spill-control-products.co.uk