Guidance

Reporting for installations, radioactive substances and waste permits: RPS C21

Updated 19 January 2021

This guidance was withdrawn on

This COVID-19 RPS has expired and can no longer be used.

Applies to England

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This publication is available at https://www.gov.uk/government/publications/reporting-for-installations-radioactive-substances-and-waste-permits-rps-c21/reporting-for-installations-radioactive-substances-and-waste-permits-rps-c21

This COVID-19 regulatory position statement (RPS) replaces Reporting for installations, radioactive substances and waste permits: RPS C10 which expired on 30 September 2020. Previous notifications under RPS C10 will not cover non-compliances arising after 30 September 2020. If you notified us you were operating under RPS C10, you will need to do so again if you want to operate under its replacement, RPS C21.

Holders of installation, waste operation or radioactive substances activity permits must operate in accordance with the Environmental Permitting (England and Wales) Regulations 2016.

We normally expect all permit holders to comply in full with all the conditions in their permits. This includes conditions requiring them to submit data and reports to us. For example, this could be monitoring results or reports required by improvement conditions.

If you follow the conditions in this COVID-19 regulatory position statement (RPS), you may delay sending us certain data, reports and other records that are required by your permit.

You must tell the Environment Agency before you use this COVID-19 RPS. Email your Environment Agency area regulatory officer, site inspector or local compliance team to do this.

When this COVID-19 RPS applies

This COVID-19 RPS applies to permit conditions that require you to send certain information to us.

It only applies if you cannot comply with the reporting deadlines specified in your permit due to coronavirus (COVID-19) restrictions.

This COVID-19 RPS only covers the following types of reporting:

  • routine monitoring of releases to air and water reports – for example, quarterly emissions monitoring
  • routine environmental monitoring reports – for example, soils near nuclear sites
  • progress reports on how you are delivering an improvement condition
  • reports required by an improvement condition, with the exception of reports about commissioning new activities
  • reports of routine reviews, audits, tests and assessments
  • for hospitals only, high activity sealed sources (HASS) record forms for the HASS inventory

If you are using this COVID-19 RPS, you must continue to submit notifications required by your permit. For example, you must notify the Environment Agency without delay if you detect a:

  • breakdown or equipment failure which may cause significant pollution
  • breach of a limit specified in the permit

You must also comply with improvement conditions that require you to make changes to site infrastructure or management systems.

We expect you to take reasonable steps to comply with your permit, including planning for the effects of coronavirus (COVID-19) on your business.

Reasonable steps include:

  • contingency planning to avoid or minimise disruption to your business because of coronavirus (COVID-19)
  • emergency response planning to minimise the impact and duration of not complying with your permit or licence because of coronavirus (COVID-19)

If, after taking these steps, you still cannot meet the reporting requirements specified in your environmental permit (or those we have agreed in writing with you), you can use this COVID-19 RPS.

Conditions you must comply with

You must comply with all the other requirements of your environmental permit unless you are using another COVID-19 RPS.

You must keep a record of the data, reports and other information you have delayed submitting under this COVID-19 RPS. You must arrange with your site regulator how you will make these submissions after this COVID-19 RPS expires.

You must keep records that show why you needed to use this COVID-19 RPS. For example, records of:

  • staff absences
  • contractors being unavailable
  • supply chain failures

You must keep these records for 24 months after this COVID-19 RPS has expired, including any extensions to it. You must make them available to the Environment Agency on request.

You must make sure your activities do not endanger human health or the environment.

Enforcement

A COVID-19 RPS means that the Environment Agency will not normally take enforcement action against you provided:

  • your activity meets the description set out in this COVID-19 RPS
  • you comply with the conditions set out in this COVID-19 RPS
  • your activity does not, and is not likely to, cause environmental pollution or harm human health
  • you have taken all reasonable steps to comply with your permit

If you operate under this COVID-19 RPS, but think you may no longer be able to comply with its conditions, you must tell the Environment Agency immediately.

The Environment Agency will monitor how operators use and comply with this COVID-19 RPS through its proportionate, risk-based inspection and monitoring activity.

When to check back

This COVID-19 RPS will expire on 30 June 2021 unless we extend it. After this date you must comply with your permit.

Contact the Environment Agency

You should contact your Environment Agency area regulatory officer, site inspector or local compliance team if you intend to use this COVID-19 RPS or need more information.

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