Consultation paper on the implementation of Article 6 - Authorised Treatment Facilities
11. OTHER PROVISIONS OF THE PERMIT
11.1 The regulations will also make provision for permits to be revoked or suspended by the Agencies should there be a breach of conditions, or should there be a risk to the environment or harm to human health. The relevant Agency will have powers to enter the site to remove unauthorised waste in breach of permit conditions.
11.2 Permits will be able to be transferred from one operator to another, as long as the transferee satisfies the fit and proper person test.
11.3 We propose that permits should be able to be surrendered provided that the relevant Agency is satisfied that the site has been cleared and left in a state that does not pose a risk to the environment or harm to human health. The objectives to be met before a permit can be surrendered will be to remove the waste and ensure that the drainage system is clean.
11.4 There will also be provision for appeals against the refusal by the relevant Agency to grant a permit, or its revocation or suspension of a permit, or its refusal to accept a surrender. As with all appeals made under the waste management regulatory system, an appeal should only be made as a last resort after discussion and negotiation with the Agency has been exhausted.