Westminster Policy News & Legislative Analysis

EA opens consultation on Angus Fire PFAS permit variation

The Environment Agency has opened a consultation on a draft decision to vary Angus Fire’s environmental permit at High Bentham (LA2 7NA). The proposed variation would authorise an effluent treatment plant to reduce per- and polyfluoroalkyl substances (PFAS) in rainwater collected on site. After reviewing submissions from the original consultation last summer, the regulator says it is ‘minded to’ issue the variation, pending final representations.

In the Agency’s usage, ‘minded to’ indicates a provisional position: officials have examined the application and available evidence and can currently find no reason in law to refuse. A final determination will only be made once consultation responses have been considered. The draft decision document and draft permit are published on the Environment Agency’s Citizen Space under reference EPR/XP3832NV/V004 and set out the reasoning and proposed conditions.

Angus Fire previously manufactured and tested firefighting foam at High Bentham, an activity historically associated with PFAS. These chemicals have been detected in rainwater falling on key operational areas. The company has been collecting this water for treatment; the variation seeks permission for a plant that would treat both stored and future runoff before discharge to the River Wenning.

According to the draft decision, the expected PFAS concentrations in the treated discharge align with levels currently accepted as best practice for PFAS treatment processes. Foam manufacture has ceased at the site; the variation is aimed at managing legacy contamination arising from earlier operations rather than enabling new production.

The consultation runs from 5 March until 1 April 2026. Stakeholders can respond through the Citizen Space page or by email to pscpublicresponse@environment-agency.gov.uk. Those unable to submit online or by email can contact the Environment Agency on 03708 506 506 for assistance. The consultation website explains what the regulator can and cannot take into account when determining this application.

The legal threshold is specific. The Environment Agency may refuse a permit only if one or more statutory requirements under environmental legislation are not met-for example, where an activity would significantly impact the environment or harm human health. If the application demonstrates compliance with current regulations and a high level of protection, the Agency is legally obliged to issue the permit with conditions.

The draft permit sets enforceable conditions that would apply if granted. These include treatment performance standards, monitoring and sampling of discharges, maintenance and record‑keeping requirements, incident reporting, and periodic review. The Agency states that these regulatory controls are designed to protect people and the environment and would be actively enforced.

For residents, riparian owners and water users downstream on the River Wenning, this is the point to scrutinise discharge limits, monitoring frequency and locations, and contingency arrangements during heavy rainfall. Submissions supported by local evidence-such as hydrological observations or expert analysis-can inform the final conditions the operator must meet.

Area Environment Manager John Neville said the Agency has assessed the application alongside feedback from the original consultation and currently sees no reason to refuse the variation. He added that a detailed assessment is under way and encouraged interested parties to review the decision document and submit comments before the deadline.

Once the consultation closes, officials will consider all representations and publish a final decision with the permitting documents on Citizen Space. If the variation is issued, Angus Fire will be required to comply with the conditions from the date specified by the Agency. Non‑compliance can lead to enforcement notices, suspension or revocation of the permit, financial penalties, and, in serious cases, prosecution.