Environmental Permitting Regulations 2016—small waste incineration plant (SWIP)

Copyright © 2025 LexisNexis
Produced in partnership with Begonia Filgueira FIEMA of Squire Patton Boggs
Practice notes

Environmental Permitting Regulations 2016—small waste incineration plant (SWIP)

Copyright © 2025 LexisNexis

Produced in partnership with Begonia Filgueira FIEMA of Squire Patton Boggs

Practice notes
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The environmental permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 consolidated and revoked the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675. EPR 2016 is the principle legislation governing the environmental permitting and compliance regime which applies to various activities and industries. Small waste incineration plants (SWIP) are covered in EPR 2016, SI 2016/1154, Sch 13.

Requirement for an environmental permit

Permits are required for specified activities which are considered to have the potential to harm the environment or human health. Small waste incineration and co-incineration activities, unless excluded, will require an environmental permit.

It is an offence under EPR 2016, SI 2016/1154 to:

  1. •

    operate a regulated facility or knowingly cause or knowingly permit the operation of a regulated facility without an environmental permit, or

  2. •

    cause or knowingly permit a water discharge activity or a groundwater activity

The environmental permit must be held by the operator of a regulated facility, which is the person who has control over its operation.

See Practice

Begonia Filgueira
Begonia Filgueira, FIEMA

Director, Squire Patton Boggs

Begonia is an accomplished commercial environment, energy and climate change lawyer with over 20 years’ experience advising companies, developers, governments and the United Nations Environment Programme.

Her practise covers all aspects of environment and climate change regulation including, waste, water, environmental liabilities, project finance, prosecutions, judicial reviews, green finance, ESG, human rights and climate change governance.

An expert in her field, Begonia is a trusted advisor to Boards, advising on managing environmental risk and enabling resilience through climate change governance. She has also given expert evidence to the House of Lords on new environmental legislation and continues to support Parliamentary Committees with her expertise.

Begonia is also working on preparing the UK for a post-Brexit world by Co-chairing UKELA’s Governance and Devolution Group.

Begonia was made a Fellow of the Institute of Environmental Management and Assessment (IEMA) in 2020.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Environmental permit definition
What does Environmental permit mean?

Subject to certain exemptions, an operator requires an Environmental Permit in order to operate a regulated facility, such as a waste management facility, or to discharge to surface water or foul water, or to abstract water from controlled waters.

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