Environmental permits, discharges to water, oil storage, pollution prevention, emissions to air and waste.
Environmental permits
LawThe Environmental Permitting (England and Wales) Regulations 2016 · England and Wales
Who it applies to
Operators of regulated facilities, such as installations, waste operations and medium combustion plant, unless an exclusion or exemption applies. Whether a site needs a permit depends on what it does, and many sites do not.
What it means for a site
A permitted site may only operate within what its permit allows, and failing to comply with a permit condition can be an offence. Permits for waste operations, installations and some other activities require a written management system that the operator puts into practice, with records showing it is being followed, including what checks were done, who did them and what action was taken. In England, the Environment Agency checks this through assessments, inspections and audits.
Checks Amberhold can help you record
- · Waste storage areas and containers: no loss of containment, lids in place, at the frequency your management system sets
- · Bunds, each identified by a QR tag: intact, and whether liquid or rainwater is present
- · Quantity in each storage area as a reading against the maximum in your management system
- · Drainage, interceptors and spill kits; damage to impermeable surfaces reported as a finding
What Amberhold does not replace
- · The written management system itself, and keeping it up to date
- · The monitoring, sampling and reporting your permit specifies: Amberhold is not emissions monitoring or laboratory sampling
- · Programmed engineering inspections of bunds and below-ground structures
- · Your responsibility for meeting every permit condition: a recorded check is not evidence of permit compliance
Amendments made in July 2026 are due to come into force in 2027. Check the current version on legislation.gov.uk.
Official sources: GOV.UK: Develop a management system · GOV.UK: Check if you need an environmental permit · GOV.UK: How you'll be regulated
Fire prevention plans
Guidance or ACOPEnvironment Agency guidance: Fire prevention plans: environmental permits · England
Who it applies to
Permitted sites that accept combustible waste, such as waste metals, non-hazardous waste and WEEE sites, and in part some biowaste and other sectors. It does not apply to landfill, wet anaerobic digestion or land spreading, and does not cover storing coal, liquids, healthcare waste, COMAH dangerous substances or hazardous waste other than WEEE.
What it means for a site
A fire prevention plan forms part of the site's management system, and the Environment Agency can require it to be approved and put into practice. Several of its measures are routine checks: fire watches during and at the end of the working day, housekeeping to stop loose combustible waste and dust building up, keeping to pile sizes and separation distances, temperature monitoring for waste stored for more than three months, and keeping a quarantine area clear.
Checks Amberhold can help you record
- · Fire watches during the working day and at the end of it
- · Pile temperatures as readings against the trigger in your own plan, each pile identified by a QR tag
- · Pile height against the maximum in your approved plan; separation distances kept
- · Quarantine area clear; damaged batteries kept in the designated container
What Amberhold does not replace
- · The fire prevention plan itself and its approval
- · Fire detection and alarm systems: Amberhold does not detect fires or raise alarms
- · Records of what waste is stored and for how long
- · Exercises to test the plan, and staff training on it
This is guidance, not a statute: it takes effect through permit conditions. Record checks against the limits in your own approved plan, not the guidance's default figures.
Official sources: GOV.UK: Fire prevention plans
Waste duty of care
LawEnvironmental Protection Act 1990, section 34, and the waste duty of care code of practice · England and Wales
Who it applies to
Anyone who imports, produces, carries, keeps, treats or disposes of controlled waste, or controls it as a dealer or broker, such as factories and other businesses that produce waste. Householders have a separate, narrower duty.
What it means for a site
The duty of care is mainly about handling and transferring waste: taking reasonable steps to stop it escaping your control, checking that whoever takes it is authorised, and passing on an accurate written description. Separately, since 1 October 2026, operators of sites in England and Wales that hold an environmental permit and receive controlled waste must report each load through the government's Report receipt of waste service, normally within two working days. There are exceptions, such as household waste recycling centres, and sites working only under a registered waste exemption are outside this duty, because it falls on environmental permit holders. Waste transfer notes and hazardous waste consignment notes still apply alongside it. Amberhold can record routine checks that stored waste is contained, labelled, covered and kept separate; it does not track waste.
Checks Amberhold can help you record
- · Waste storage walk: containers labelled and covered, no leaks or overflow
- · Skip and compactor area secure, no waste escaping
- · General, recyclable and hazardous waste kept in their own marked containers
- · Hazardous waste store: drums closed and labelled, drip trays intact, spill kit present
What Amberhold does not replace
- · Waste transfer notes and hazardous waste consignment notes
- · Checking that carriers, brokers and receiving sites are authorised
- · Classifying waste
- · Reporting each load you receive through the Report receipt of waste service: Amberhold is not waste tracking software and does not replace it
Official sources: GOV.UK: Waste duty of care code of practice · GOV.UK: Digital waste tracking · Digital Waste Tracking (England) Regulations 2026 · Digital Waste Tracking (Wales) Regulations 2026 · Section 34
Water discharge permits
LawThe Environmental Permitting (England and Wales) Regulations 2016, regulations 12 and 38 and Schedule 21 (water discharge activities) · England and Wales (the Environment Agency in England, Natural Resources Wales in Wales)
Who it applies to
Anyone who causes or knowingly permits a water discharge activity, such as discharging trade effluent, sewage effluent or polluting matter into rivers, lakes, coastal or territorial waters, unless it is exempt. GOV.UK guidance for England says some discharges need no permit, for example clean rainwater from roofs, and that trade effluent sent to the public sewer under a consent or agreement with the sewerage undertaker does not need a water discharge permit, although other permits can sometimes still apply. Whether a discharge needs a permit is for the operator and the regulator.
What it means for a site
Unless it is exempt, a water discharge activity is allowed only under, and to the extent authorised by, an environmental permit. Breaching a permit condition is an offence, including the permit's monitoring, record-keeping and reporting conditions, and so is intentionally making a false entry in a record a permit condition requires. The site's own permit sets what must be measured, any limits and how results are reported. Environment Agency guidance for England asks operators to agree the sampling point with the Environment Agency, document it and label it clearly and permanently, and sample at the frequencies the permit states. It says automatic samplers and flow meters used for self-monitoring must be MCERTS certified.
Checks Amberhold can help you record
- · Scan the QR tag (or NFC tag, in the Android app) at the permitted outfall or agreed sampling point, so the record shows which discharge point was checked
- · pH and the other readings the permit or site procedure asks for, from the site's own meter, each against the site's own limits
- · Visual check at the outfall: oil sheen, foam, discolouration or unusual odour
- · Effluent treatment alarm panel status (normal, in alarm or fault), with any fault raised as a finding
- · Autosampler ran and collected a sample this period; sampling point label present and legible
What Amberhold does not replace
- · The permit's own conditions, including the monitoring, sampling, reporting and notification it requires
- · Formal monitoring with MCERTS-certified or accredited equipment, staff and laboratories, unless the Environment Agency agrees otherwise in writing
- · The written management system and accident plan a permit holder must keep. Amberhold is not document control
Older procedures may still cite section 85 of the Water Resources Act 1991 as the water pollution offence. It was repealed in 2010; the offence is now in the Environmental Permitting Regulations 2016.
Official sources: EPR 2016 regulation 12 · EPR 2016 Schedule 21: water discharge activities · EPR 2016 regulation 38: offences · GOV.UK: Discharges to surface water and groundwater: environmental permits · GOV.UK: Monitoring discharges to water
Oil storage regulations
LawThe Control of Pollution (Oil Storage) (England) Regulations 2001; The Water Resources (Control of Pollution) (Oil Storage) (Wales) Regulations 2016 · England (2001 Regulations) and Wales (2016 Regulations)
Who it applies to
The person with custody or control of oil, including petrol, diesel, biofuels and vegetable oils, stored in a container over 200 litres. In England, containers inside a building or wholly underground are outside the Regulations, as are refineries and onward distribution. In Wales the Regulations do apply inside buildings, but not to storage covered by an environmental permit. Other exclusions apply in both.
What it means for a site
Containers must be strong enough that they are unlikely to burst or leak in ordinary use and must sit in secondary containment, such as a bund or drip tray, holding at least 110% of the container (or, for several containers, the greater of 110% of the largest and 25% of the total; a drum used with a drip tray needs at least 25%). The base and walls must be impermeable, with no drain valve or opening. In England, fixed tanks need further equipment, such as taps and valves locked shut when not in use, and underground pipework without continuous leak detection must be leak tested before first use and then at least every 5 years (with mechanical joints) or every 10 years (without). The England Regulations set design and equipment standards; they set no routine visual inspection frequency for bunds.
Checks Amberhold can help you record
- · Scan the tank, IBC or bowser tag: bund or drip tray free of oil and rainwater, with any liquid found raised as a finding with the action taken
- · Bund base and walls free of visible cracks, holes or drain points; nothing else stored in the bund
- · Taps and valves locked shut, sight-gauge valve closed, drip tray in place at a remote fill point
- · Tank level recorded before a delivery is ordered, against the site's own safe-fill limit
What Amberhold does not replace
- · Leak testing of underground pipework at the intervals the Regulations set
- · Meeting the capacity and impermeability requirements: a visual round does not measure capacity or show that a bund is impermeable
Official sources: Oil Storage (England) Regulations 2001 · England regulation 3: storage of oil · Oil Storage (Wales) Regulations 2016, regulation 3 · Wales regulation 5: secondary containment · GOV.UK: Oil storage regulations for businesses
Pollution prevention for businesses
Guidance or ACOPGOV.UK guidance from Defra and the Environment Agency: Pollution prevention for businesses · England. GOV.UK says incidents in Wales are reported a different way.
Who it applies to
Businesses in England that store or handle substances that could pollute water or land, whether or not they hold an environmental permit. This is regulator guidance, not an Approved Code of Practice.
What it means for a site
Businesses must not cause or allow pollution. The guidance says to keep containers in good condition under an inspection and maintenance programme, with secondary containment, and to remove rainwater from bunds regularly; to keep a drain plan and colour-code manhole covers (blue for surface water, red for foul); to check oil separators at least every 6 months, as it says the British Standard recommends; and to keep spill kits near storage, loading and transfer areas. If polluting material has entered, or could enter, a watercourse or the ground, it says to call the Environment Agency incident hotline immediately (0800 80 70 60). For permitted sites, Environment Agency permit guidance adds measures such as inspecting containers, drums and small packages in storage areas at least once a week.
Checks Amberhold can help you record
- · Gullies near storage, loading and transfer areas clear, with no spills, staining or blockage
- · Manhole covers colour-marked and flow arrows visible
- · Oil separator alarm status, and oil and silt depths against the site's own trigger levels where the site measures them
- · Spill kit at each storage, loading and transfer point present, complete and sealed
- · Each penstock or drain isolation valve on the drainage plan: position recorded against its normal position, operating key or handle present
What Amberhold does not replace
- · Separator servicing and the 5-yearly integrity test the guidance attributes to the British Standard
- · Calling the incident hotline: a finding in Amberhold reports nothing to the regulator
- · A drainage survey and an up-to-date drain plan
- · Testing that a penstock or isolation valve closes and seals: the round records its position, not whether it holds
Official sources: GOV.UK: Pollution prevention for businesses · GOV.UK: Control and monitor emissions for your environmental permit · GOV.UK: Develop a management system: environmental permits · GOV.UK: Report an environmental problem
Emissions to air under a permit
LawThe Environmental Permitting (England and Wales) Regulations 2016, regulations 12 and 38, with the Environment Agency's monitoring guidance (MCERTS and EN 14181) and Defra's Part B process guidance notes · England and Wales. The Environment Agency regulates most permitted activities in England, local councils regulate Part B activities, and Natural Resources Wales regulates in Wales.
Who it applies to
Operators of permitted installations, waste operations and other regulated facilities with emissions to air, such as scrubbers, fabric filters, odour abatement and stacks. Many sites need no permit. Only the site's own permit says which conditions apply.
What it means for a site
Operating a regulated facility outside its permit, or failing to comply with a permit condition, is an offence, with a narrow exception for certain waste competence conditions. Environment Agency guidance says most conditions are objective-based; where the risk is high, a permit can set the equipment to use or the emission limit to meet. The permit's own wording sets what must be monitored, how and how often, and what must be reported or notified. For Environment Agency permits, its guidance says that if you exceed an emission limit in your permit, you must notify the Environment Agency. Environment Agency guidance says monitoring should use MCERTS-certified or accredited equipment, staff and laboratories unless it agrees otherwise in writing, and that permanently installed continuous emission monitors used for compliance monitoring are quality-assured under EN 14181. Some Environment Agency guidance for England also expects abatement to be monitored and maintained: its chemical waste guidance names scrubber liquor flow and chemical concentration, and liquor kept at the correct pH; its odour guidance says the direct odour assessment, at least once a year, does not show the abatement working between sampling events, so relevant secondary parameters should be monitored frequently or, where practical, continuously. Routine operator checks are the site's own records; they are not the monitoring the permit specifies.
Checks Amberhold can help you record
- · Each shift, at each abatement unit the site lists against its permit: if the process it serves is running, is the unit running at the time of the check? A no is raised as a finding
- · Scrubber recirculation flow and liquor pH, or fabric filter pressure drop, each against the site's own limits (for a fabric filter, a band the site has set from the manufacturer's figures)
- · Continuous emission monitor panel free of fault or maintenance alarms, with any alarm raised as a finding
- · An abatement unit or monitor out of service, kept on the board as a temporary control with a check scheduled each shift until it is back and cleared with a reason
What Amberhold does not replace
- · Emissions monitoring the permit requires, by MCERTS-certified or accredited resources unless the Environment Agency agrees otherwise in writing
- · Notifying the regulator when an emission limit is exceeded or key abatement plant fails
- · Calibration and quality assurance of continuous emission monitors, and their data system. Amberhold is not calibration management or a data acquisition and handling system, and does not handle monitoring data
Official sources: EPR 2016 regulation 12 · GOV.UK: Control and monitor emissions for your environmental permit · GOV.UK: Monitoring emissions to air, land and water (MCERTS) · GOV.UK: Quality assurance of continuous monitoring (EN 14181) · Defra: Part B process guidance notes
Medium combustion plant and generators
LawThe Environmental Permitting (England and Wales) Regulations 2016, regulation 12(1A) and Schedules 25A and 25B, with the SR2018 No 7 standard rules · England and Wales (standard rules permits are no longer available in Wales)
Who it applies to
Operators of combustion plant with a rated thermal input of at least 1 MW and below 50 MW, and of specified generators, from the dates their permits are required. For example, an existing plant of 5 MW or less needs a permit from 1 January 2029. Some plant is excluded.
What it means for a site
Permits include emission limit values and periodic emissions measurements: at least every three years for plant of 1 to 20 MW and every year above 20 MW; for plant on limited operating hours, the frequency can be set by operating hours instead, but never less than once every five years. Operators record fuel type and quantity and any malfunction or breakdown of abatement, and keep records for at least six years; where secondary abatement is used, they keep records that it operates effectively and continuously. Under the SR2018 No 7 standard rules, each plant must be run to its manufacturer's instructions with records to show it, there must be no persistent dark smoke, and records must be legible, made as soon as reasonably practicable, amended so the original stays legible or retrievable, and kept for at least 6 years unless the Environment Agency agrees otherwise in writing.
Checks Amberhold can help you record
- · Weekly hours-run meter reading for each boiler, engine or generator
- · Fuel in use on dual-fuel plant, and hours on back-up gas oil since the last round
- · No fault alarms on the panel, and flue gas temperature within the site's own band
- · On start-up: no persistent dark smoke seen at the stack, with notes
What Amberhold does not replace
- · Periodic stack emissions measurements to the monitoring standard the permit names, and monitoring returns
- · The fuel and operating-hours records the permit requires. If a site keeps a permit-required record in Amberhold, it should first check that the record meets the permit's own rules
Official sources: EPR 2016 Schedule 25A: medium combustion plant · EPR 2016 Schedule 25B: specified generators · GOV.UK: Medium combustion plant and specified generator permits: how to comply · GOV.UK: SR2018 No 7 standard rules
Clean Air Act 1993: dark smoke
LawClean Air Act 1993, sections 1, 2, 3 and 41A · England, Wales and Scotland
Who it applies to
Occupiers of buildings with chimneys, people in possession of a fixed boiler or industrial plant served by a chimney, and occupiers of industrial or trade premises. Under section 41A these parts of the Act stop applying to an activity regulated under the environmental permitting regime from its determination date; whether that applies to a site is a question for its adviser.
What it means for a site
Emitting dark smoke from a chimney, or from industrial or trade premises, is an offence, with prescribed exemptions and statutory defences. Dark smoke means smoke as dark as, or darker than, shade 2 on the Ringelmann chart, though a court can find that smoke was dark without an actual chart comparison.
Checks Amberhold can help you record
- · On boiler or furnace start-up and once each shift: smoke at the chimney (none visible, light or dark-looking), with a note of how long it lasted
- · Dark-looking smoke raised as a finding, with the time and the likely cause
What Amberhold does not replace
- · A formal Ringelmann assessment, or deciding whether an offence or a defence applies
- · For plant on the SR2018 No 7 standard rules, the permit's own dark smoke rule
Official sources: Section 1: dark smoke from chimneys · Section 2: dark smoke from industrial or trade premises · Section 3: meaning of dark smoke · GOV.UK: Dark smoke