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The Environmental Authorisations (Scotland) Regulations 2018

Type Scottish-Statutory-Instrument

Publication 2018-06-28

Last updated 2025-11-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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CHAPTER 3 — Waste

CHAPTER4 — Other emissions activities

1.	(a)	using crushing and screening equipment, above ground, to—	using crushing and screening equipment, above ground, to—	(a)	Emissions—	Emissions—	Emissions—
1.	(a)	(i)	crush, grind or carry on other size reduction including breaking up (except for the cutting of stone) of, any designated mineral or mineral product, or the grading, screening or heating of any of those reduced materials,	(a)	(i)	dust emissions must be minimised by—	dust emissions must be minimised by—
1.	(a)	(i)	crush, grind or carry on other size reduction including breaking up (except for the cutting of stone) of, any designated mineral or mineral product, or the grading, screening or heating of any of those reduced materials,	(a)	(i)	(aa)	containment, or
1.	(a)	(i)	crush, grind or carry on other size reduction including breaking up (except for the cutting of stone) of, any designated mineral or mineral product, or the grading, screening or heating of any of those reduced materials,	(a)	(i)	(bb)	suppression using water, or both,
1.	(a)	(i)	crush, grind or carry on other size reduction including breaking up (except for the cutting of stone) of, any designated mineral or mineral product, or the grading, screening or heating of any of those reduced materials,	(a)	(ii)	dust emissions must not have a significant impact upon the environment, people or property,	dust emissions must not have a significant impact upon the environment, people or property,
1.	(a)	(ii)	crush, grind or carry on other size reduction and/or screening (with machinery designed for that purpose) of waste bricks, tiles or concrete at the place where the waste is produced or at the place where the recovered aggregate will be used,	(iii)	where the activity takes place inside a building, any such building must be as dust tight as possible and arrestment equipment must be used where necessary to ensure there are no emissions of dust, resulting in a significant impact upon the environment, people or property,	where the activity takes place inside a building, any such building must be as dust tight as possible and arrestment equipment must be used where necessary to ensure there are no emissions of dust, resulting in a significant impact upon the environment, people or property,	where the activity takes place inside a building, any such building must be as dust tight as possible and arrestment equipment must be used where necessary to ensure there are no emissions of dust, resulting in a significant impact upon the environment, people or property,
1.	(a)	(ii)	crush, grind or carry on other size reduction and/or screening (with machinery designed for that purpose) of waste bricks, tiles or concrete at the place where the waste is produced or at the place where the recovered aggregate will be used,	(b)	Dust arrestment—	Dust arrestment—	Dust arrestment—
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(b)	(i)	arrestment equipment for dust emissions must be—	arrestment equipment for dust emissions must be—
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(b)	(i)	(aa)	designed to emit less than 50 mg/m ³ of dust, and
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(b)	(i)	(bb)	fitted with a continuously indicative monitor which provides visual and audible notification when 75% of that emission limit is reached,
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(b)	(ii)	arrestment equipment for dust emissions must be regularly inspected and maintained to ensure it is fully operational,	arrestment equipment for dust emissions must be regularly inspected and maintained to ensure it is fully operational,
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(c)	Site design and infrastructure—	Site design and infrastructure—	Site design and infrastructure—
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(c)	(i)	where the materials to be loaded or unloaded have the potential to generate dust, the loading and unloading of those materials must be shielded from wind,	where the materials to be loaded or unloaded have the potential to generate dust, the loading and unloading of those materials must be shielded from wind,
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(c)	(ii)	conveyors, and discharge points to and from conveyors, must be enclosed,	conveyors, and discharge points to and from conveyors, must be enclosed,
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(c)	(iii)	crushing, grinding, screening and separation processes and associated plant must be enclosed, or water sprays must be in use when these processes are being carried out,	crushing, grinding, screening and separation processes and associated plant must be enclosed, or water sprays must be in use when these processes are being carried out,
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(c)	(iv)	drop heights must be minimised by using—	drop heights must be minimised by using—
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(c)	(iv)	(aa)	variable height conveyors,
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(c)	(iv)	(bb)	chutes,
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(c)	(v)	the discharge point from conveyor to stockpile must have water spray bars in use,	the discharge point from conveyor to stockpile must have water spray bars in use,
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(c)	(vi)	the number of movements of materials must be minimised,	the number of movements of materials must be minimised,
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(c)	(vii)	there must be an adequate supply of water available for use as dust suppression,	there must be an adequate supply of water available for use as dust suppression,
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(c)	(viii)	all reasonable steps must be taken to ensure that the use of water for dust suppression does not result in the introduction of any substances or heat to the water environment which may cause harm to the water environment.	all reasonable steps must be taken to ensure that the use of water for dust suppression does not result in the introduction of any substances or heat to the water environment which may cause harm to the water environment.
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(d)	Stockpiles—	Stockpiles—	Stockpiles—
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(d)	(i)	water suppression of stockpiles must take place regularly,	water suppression of stockpiles must take place regularly,
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(e)	(ii)	stockpiles must be—	stockpiles must be—
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(e)	(ii)	(aa)	fully covered,
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(e)	(ii)	(bb)	shielded using wind-breaks, bunding or fencing, or
1.	(b)	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used.	(e)	(ii)	(cc)	profiled so as to reduce wind-whipping.

SCHEDULE10 — WATER ACTIVITIES

PART1 — Scope and Interpretation

Scope

1

(1) This schedule applies to all water activities,

(2) Paragraph 2 applies for the interpretation of—

(a) this schedule,

(b) schedule 9,

2

(1) The water environment includes any part of the water environment which is for the time being dry.

(2) The water environment does not include any water contained in—

(a) artificial swimming pools,

(b) mains or other pipes belonging to Scottish Water or which are used by Scottish Water or any other person for the purpose only of providing a supply of water to any premises,

(d) sewers and drains which drain into sewers,

(e) sewage treatment works,

(f) artificially created systems for the treatment of pollutants.

(3) “Water activity” does not include the discharge of any reagent or chemical or particle tracer used in connection with any scientific experiment or survey in transitional water or coastal water.

PART2 — Amendments to common framework provisions

Authorisation conditions: protection of the water environment

3

(1) SEPA must ensure that an authorisation for a water activity includes such conditions as it considers necessary or expedient for the purposes of protection of the water environment.

(2) In this paragraph, “protection of the water environment” includes, in particular—

(a) preventing further deterioration of, and protecting and enhancing, the status of aquatic ecosystems and, with regard to their water needs, terrestrial ecosystems and wetlands directly depending on those aquatic ecosystems,

(b) promoting sustainable water use based on the long-term protection of available resources,

Authorised person in relation to a private sewage activity

4

(1) This paragraph applies in relation to authorisations for the carrying on of a private sewage activity except where—

(a) the authorisation provides for the carrying on of any other regulated activity in addition to the carrying on of a private sewage activity, or

(b) SEPA considers it appropriate to authorise the carrying on of a particular private sewage activity by permit.

(2) The “authorised person” in relation to that activity is the owner of any land from which domestic sewage is or is to be discharged into a private sewage treatment works.

(3) The definition of authorised person in paragraph (2) includes—

(a) where an authorised person has been adjudged bankrupt or the estate of the authorised person is sequestrated, the trustee in bankruptcy,

(b) where an executor has been appointed to an authorised person’s estate, the executor,

(i) a receiver has been appointed, the receiver,

(ii) an administrator has been appointed, the administrator,

(iii) a liquidator has been appointed, the liquidator,

(d) where an authorised person is a partnership which is dissolved, any person who was a partner immediately before dissolution.

(4) The following provisions do not apply in relation to the authorisation of, or carrying on of, a private sewage activity to which this paragraph applies—

(a) regulation 5 (interpretation: authorised person),

(b) regulation 12(3)(a) (notifications),

(d) regulation 17(1)(b) (form and content of a registration),

(e) regulation 18(3) (grant of registration),

(f) regulation 19(2)(a) (variation of registrations: purposes),

(g) regulation 19(3) (variation of registrations: authorised person),

(h) regulation 27 (transfer of a registration or permit),

(i) regulation 28 (effect of transfer),

(j) regulation 29 (transfer of revocation notice),

(k) regulation 30(1)(c) (surrender of registration or permit).

(5) The notification of the carrying on or the proposed carrying on of a private sewage activity to which this paragraph applies under regulation 12 must be made by the authorised person.

(6) An application to SEPA for a registration for the carrying on of a private sewage activity to which this paragraph applies must be made in accordance with schedule 1 by the authorised person.

(7) Regulation 46 (regulatory notices) applies in relation to a private sewage activity to which this paragraph applies in accordance with the following modifications—

(a) regulation 46(1) and (2) are to be read as if there were substituted—

(46) (1) This regulation applies where SEPA is of the opinion that— (a) a private sewage activity has been or is being carried on, and (b) at least one of the following apply— (i) steps are required to be taken to prevent or mitigate environmental harm caused or likely to be caused by the private sewage activity, (ii) steps are required to be taken to restore the environment affected or likely to be affected by the regulated activity, (iii) the authorised person has contravened, is contravening, or is likely to contravene a condition, or other provision, of a registration or a general binding rule, (iv) the authorised person has committed an offence under these Regulations, (2) Where this regulation applies, SEPA may serve a notice (a “regulatory notice”) on the authorised person.

(b) regulation 46(3) is to be read as if sub-paragraphs (f) and (g)(v) were omitted.

(8) Regulation 60 (power of SEPA to impose authorisations) applies in relation to a private sewage activity to which this paragraph applies in accordance with the following modifications—

(a) in regulation 60(1), the reference to “regulated activity” is to be read as if there were substituted “private sewage activity”,

(b) regulation 60(3) and (4) are to be read as if there were substituted—

(3) SEPA must give notice to the authorised person carrying on the private sewage activity that it is treating the activity in accordance with paragraph (1). (4) Where SEPA treats an activity in accordance with paragraph 60(1), SEPA must grant an authorisation to the authorised person.

(9) Regulation 63(6)(b) (accelerated applications) does not apply in relation to a private sewage activity to which this paragraph applies.

(10) Any regulatory notice, revocation notice or surrender notice in force in respect of a registration authorising the carrying on of a private sewage activity to which this paragraph applies must be complied with by the authorised person for that activity.

(11) SEPA may not revoke an existing water registration on the ground that SEPA considers that the authorised person is not in control of the carrying on of the activity in relation to a private sewage activity.

(12) In this paragraph—

(a) “domestic sewage” and “private sewage treatment works” have the meanings given in section 59 of the Sewerage (Scotland) Act 1968,

(b) “private sewage activity” means the discharge of domestic sewage, whether treated or untreated, from a private sewage treatment works.

PART3 — Duties on SEPA

Duties: general

5

(1) Before carrying out a function mentioned in sub-paragraph (2) in respect of a water activity, SEPA must—

(a) if it considers that the activity has or is likely to have a significant adverse impact on the water environment—

(i) assess the indirect effects of that impact on any other aspects of the environment likely to be significantly affected,

(ii) consider any likely adverse social and economic effects of that impact and of any indirect environmental effects identified in accordance with sub-paragraph (i),

(iii) consider the likely environmental, social and economic benefits of the activity,

(b) assess the impact of the activity on the interests of other users of the water environment,

(2) The functions mentioned are—

(a) granting, or refusing to grant, a registration or a permit,

(b) varying, or refusing to vary, a registration or a permit.

Duties: environmental objectives

6

(1) SEPA must carry out its relevant functions in relation to water activities to secure—

(a) the achievement of the environmental objectives set for water bodies under section 9(1)(a)(i) (environmental objectives) of the Water Environment and Water Services (Scotland) Act 2003(“the 2003 Act”) and in accordance with regulations 3, 5 to 10 and 17 of the 2013 Regulations,

(b) the achievement of the environmental objectives set for shellfish water protected areas under section 9(1)(a)(ii) of the 2003 Act and in accordance with regulations 3 and 4 to 7 of the Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013,

(c) the achievement of the protection of the bodies of water identified under section 6(1) (bodies of water used for the abstraction of drinking water) of the 2003 Act, with the aim of avoiding deterioration in the quality of that body of water in order to reduce the level of purification treatment required in the production of drinking water,

(d) the achievement of the environmental objectives set for the Solway Tweed River Basin District under paragraph 6 of schedule 1 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004,

(e) the achievement of the environmental objectives set for the Northumbria River Basin District by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003,

(f) compliance with the relevant requirements of regulations 13(3), 17, 18, 23(2) and 24 of the 2013 Regulations and regulation 9(2) of the Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.)(Scotland) Regulations 2013.

(2) SEPA must in exercising its relevant functions in relation to water activities, have regard to the requirements of—

(a) the Urban Waste Water Treatment (Scotland) Regulations 1994,

(b) the Conservation (Natural Habitats, &c.) Regulations 1994,

(d) the Bathing Waters (Scotland) Regulations 2008,

(e) section 15(1) of the Marine (Scotland) Act 2010.

SCHEDULE12 — HAZARDOUS WASTE MIXING AND WASTE OIL MIXING, AND TREATMENT OF WASTE OIL

PART1 — Scope

Scope

1

This schedule applies to the waste management activities of—

(a) hazardous waste mixing,

(b) waste oil mixing,

PART2 — Amendments to common framework provisions

Authorisations: hazardous waste mixing

2

(1) The activities in sub-paragraph (3) must not be authorised under these Regulations unless SEPA is satisfied that conditions can be imposed so as to ensure—

(a) the level of environmental harm is not increased as a result of the activities, and

(b) the mixing operation conforms to best available techniques.

(2) The activities in sub-paragraph (3) may only be authorised by permit or registration.

(3) The activities are—

(a) the mixing of different categories of hazardous waste,

(b) the mixing of hazardous waste with waste which is not hazardous waste, or with other substances or materials, including the dilution of hazardous substances.

Authorisations: separation of mixed hazardous waste

3

(1) SEPA must ensure that an authorisation for the management of hazardous waste includes such conditions as it considers appropriate to ensure that where such waste is already mixed with other waste, substances, or materials, separation is effected as soon as reasonably practicable where—

(a) technically feasible,

(b) necessary in order to prevent environmental harm.

(2) Where separation of mixed hazardous waste in accordance with sub-paragraph (1) is not technically feasible or necessary, mixed hazardous waste must only be treated in a facility authorised by SEPA to treat mixed hazardous waste.

Authorisations: waste oils

4

SEPA must ensure that an authorisation for a waste management activity involving the treatment of waste oils includes such conditions as it considers appropriate to ensure that—

(a) waste oils are treated, giving priority to regeneration or alternatively to other recycling operations delivering an equivalent or better overall environmental outcome than regeneration,

(b) waste oils of different characteristics are not mixed, and waste oils are not mixed with other kinds of waste or substances, if such mixing impedes their regeneration or other recycling operations delivering an equivalent or better overall environmental outcome than regeneration.

SCHEDULE13 — LANDFILL ACTIVITIES

PART1 — Scope and Interpretation

Scope

1

(1) This schedule applies to landfill activities,

(2) Paragraphs 2 and 3 apply for the interpretation of—

(a) this schedule,

(b) schedule 11 (waste management activities),

Interpretation: landfill

2

(1) For the purposes of these Regulations, a landfill is a waste disposal site for the deposit of waste onto or into land.

(2) “Landfill” includes—

(a) any site which is used for more than a year for the temporary storage of waste, except in the cases described in sub-paragraph (3),

(b) any internal waste disposal site.

(3) “Landfill” does not include—

(a) any facility where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere,

(b) any site where waste is stored as a general rule for a period of less than three years prior to recovery or treatment,

(d) any waste disposal site which finally ceased to accept waste for disposal before 16 July 2001,

(e) the use of suitable inert waste for redevelopment, restoration and filling-in work or for construction purposes,

(f) the deposit of—

(i) non-hazardous dredging sludges or sediment on or alongside the bank or towpath of a river, burn or ditch from which they have been dredged,

(ii) non-hazardous sludges in surface water, including the bed and its sub-soil.

(4) In sub-paragraph (2) “internal waste disposal site” means a site where a producer of waste is carrying out its own waste disposal at the place of production.

Interpretation: landfill activity

3

“Landfill activity” includes—

(a) the disposal of waste in a landfill,

(b) initial construction of a landfill,

Interpretation: general

4

In this schedule—

“the 2002 Council Decision” means Council Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC,

“biodegradable waste” means any waste that is capable of undergoing anaerobic or aerobic decomposition, such as food and garden waste, and paper and paperboard,

“definite closure” means the stage that begins with the service of a closure notice and compliance with paragraph 14(3) and ends with the surrender or revocation of the authorisation and the phrase “definitively closed” is to be construed accordingly,

“eluate” means the solution obtained by a laboratory leaching test,

“granular waste” includes all wastes that are not monolithic,

“isolated settlement” means a settlement—with no more than 500 inhabitants per municipality or settlement and no more than 5 inhabitants per square kilometre,where the distance to the nearest urban agglomeration with at least 250 inhabitants per square kilometre is not less than 50 km or with difficult access by road to those nearest agglomerations, due to harsh meteorological conditions during a significant part of the year,

“inert waste” means waste which—does not undergo any significant physical, chemical or biological transformations,does not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental harm,has insignificant total leachability and pollutant content, and the ecotoxicity of its leachate is insignificant, and, in particular, does not endanger the quality of any surface water or groundwater,

“L/S = 10 1/kg” means a liquid to solid ratio of 10 litres to one kilogram,

“landfill gas” means all the gases generated from the landfilled waste,

“liquid waste” means any waste in liquid form including waste waters but excluding sludge,

“leachate” means any liquid percolating through the deposited waste and emitted from or contained within a landfill,

“mercury” means metallic mercury (Hg, CAS RN 7439-97-6),

“PAHs (Polycyclic Aromatic Hydrocarbons)” means naphthalene, acenaphtylene, acenaphthene, anthracene, benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(g,h,i)perylene, benzo(a)pyrene, chrysene, coronene, dibenzo(a,h)anthracene, fluorene, fluoranthene, indeno(1, 2, 3-c,d)pyrene, phenanthrene and pyrene,

“relevant waste acceptance criteria” means the waste acceptance criteria set out in Part 3 of this schedule which apply to the class of landfill to which that landfill belongs,

“stable, non-reactive hazardous waste” means hazardous waste, the leaching behaviour of which will not change adversely in the long-term, under landfill design conditions or foreseeable accidents—in the waste alone (for example, by biodegradation),under the impact of long-term ambient conditions (for example, water, air, temperature, mechanical constraints),by the impact of other wastes (including waste products such as leachate and gas),

“treatment” means the physical, thermal, chemical or biological processes, including sorting, which change the characteristics of the waste in order to reduce its volume or hazardous nature, facilitate its handling or enhance recovery,

“underground storage” means a permanent waste storage facility in a deep geological cavity such as a salt or potassium mine,

“waste regularly generated in the same process” means individual and consistent wastes regularly generated in the same process, where—the installation and the process generating the waste are well known and the input materials to the process and the process itself are well defined,the operator of the installation provides all necessary information and informs the operator of the landfill of changes to the process (especially changes to the input material),the waste comes from a single installation or, if from different installations, it can be identified as single stream with common characteristics within known boundaries (e.g., bottom ash from the incineration of municipal waste), andthere is no significant change in the generation processes,but does not include wastes which do not require testing in accordance with paragraph 29(4)(a) or (c) of this schedule.

PART2 — Amendments to common framework provisions

Exemptions for certain landfills on islands and in isolated settlements

5

(1) The provisions of this schedule referred to in paragraph (2) do not apply to—

(a) a landfill on an island which on 10 April 2003 had remaining landfill capacity, and which—

(i) is the only landfill on the island,

(ii) is used exclusively for the disposal of waste generated on that island,

(iii) is for non-hazardous or inert wastes with a total capacity not exceeding 15,000 tonnes or with an annual intake not exceeding 1,000 tonnes,

until the total capacity of that landfill has been used,

(b) a landfill for non-hazardous or inert waste in an isolated settlement provided that the landfill is used for the disposal of waste generated only by that isolated settlement.

(2) The provisions are paragraphs—

(a) 8(1)(d) and (e),

(b) 8(1)(g) as it relates to paragraphs 40 and 41,

(d) 11,

(e) 12, except 12(d)(i) and (f),

(f) 13(2)(a) and 13(2)(d), as they relate to paragraphs 34, 35, and 36,

(g) 13(2)(c),

(h) 33 to 37,

(i) 39,

(j) 41 and 42.

(3) SEPA must—

(a) maintain a list of the landfills that fall within sub-paragraph (1),

(b) for each site, annually carry out visual inspections of waste at the point of deposit to ensure that only non-hazardous waste from the relevant island or isolated settlement is accepted at the landfill.

Applications for authorisations

6

An application for an authorisation for a landfill activity must contain the following information—

(a) a description of the types and total quantity of waste to be deposited,

(b) the proposed capacity of the disposal site,

(d) the proposed methods for pollution prevention and abatement,

(e) the proposed operation, monitoring and control plan,

(f) the proposed plan for the closure and after-care procedures,

(g) the financial security by the applicant, or any other equivalent provision, as required under paragraph 8(1)(d) of this schedule,

(h) where an environmental impact assessment is required by the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017, a copy of the report prepared by the developer in accordance with regulation 5(1) of those Regulations, or the information required to be included in that report by virtue of regulation 5(2) of those Regulations.

Authorisation by permit and landfill classification

7

(1) A landfill activity may only be authorised by permit.

(2) Before granting a permit for a landfill activity, SEPA must classify the landfill as a—

(a) landfill for hazardous waste,

(b) landfill for non-hazardous waste,

(3) SEPA must ensure that the permit states the classification of the landfill under sub-paragraph (2).

Authorisation conditions: general

8

(1) SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that—

(a) the management of the landfill will be in the hands of a natural person who is technically competent to manage the landfill,

(b) professional and technical development and training of authorised persons and landfill management and staff are provided,

(c) the landfill is operated so that the necessary measures are taken to prevent accidents and to limit their consequences,

(d) the authorised person makes adequate financial provision by way of security or an equivalent arrangement to ensure that—

(i) obligations (including after-care provisions) arising from the permit in relation to the activity are met, and

(ii) any closure procedures required under the permit in relation to that activity are followed,

(e) that the financial provision referred to in sub-paragraph (d) is maintained until the permit is surrendered in accordance with these Regulations,

(f) that the disposal of waste to the landfill cannot commence until SEPA has inspected the landfill site to ensure that it complies with the relevant conditions of the permit,

(g) the landfill complies with the general requirements for all landfills set out in Part 5 of this schedule.

(2) SEPA must ensure that a permit for a landfill activity includes conditions—

(a) specifying the list of waste types and the total quantity of waste authorised to be deposited in the landfill,

(b) specifying requirements for the preparations for the landfill, and the carrying out of, landfilling operations,

(c) requiring the authorised person to report to SEPA, at least annually, the types and quantities of waste deposited in the landfill.

Authorisation conditions: prohibition of acceptance of certain waste at landfills

9

(1) SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that the following types of waste are not accepted at the landfill—

(a) any waste in liquid form (including waste waters but excluding sludge),

(b) waste, which in the conditions of landfill, is explosive, corrosive, oxidising, flammable or highly flammable,

(d) chemical substances arising from research and development or teaching activities, such as laboratory residues, which are not new or identified, and the effects of which on humans or on the environment are not known,

(e) whole used tyres, other than—

(i) tyres used as engineering material,

(ii) bicycle tyres,

(iii) tyres with an outside diameter above 1,400 mm,

(f) shredded tyres other than—

(i) bicycle tyres,

(ii) tyres with an outside diameter above 1,400 mm,

(g) waste industrial or automotive batteries,

(h) waste which has been collected and transported in accordance with section 34(2I) of the Environmental Protection Act 1990 and is capable of being recycled,

(i) as from 31 December 2025, biodegradable municipal waste,

(j) any waste which does not fulfil the relevant waste acceptance criteria.

(2) Sub-paragraph (1)(a) does not prohibit temporary storage of mercury waste for more than one year at a landfill,

(3) Sub-paragraph (1)(g) does not prohibit the acceptance of residues of any batteries that have undergone both treatment and recycling, provided that treatment and recycling—

(a) used best available techniques, in terms of the protection of health and the environment, and

(b) complied, at a minimum, with legal requirements, in particular as regards health and safety and waste management,

(4) SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that the landfill is not used for the disposal of waste which has been diluted or mixed solely to meet the relevant waste acceptance criteria.

(5) For the purposes of this paragraph, waste is—

“biodegradable municipal waste” if it consists of municipal waste that is also biodegradable waste, but does not include waste—that is treated, and either—respiration activity after a static respiration test is less than 10 milligrams of oxygen for each gram of dry material, ordynamic respiration over one hour is less than 1000 milligrams of oxygen for each kilogram of volatile solids,that is incinerated, and the total organic carbon content is less than 5%,

“corrosive” if it consists of substances and preparations which may destroy living tissue on contact,

“explosive” if it is capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to surroundings, and includes—pyrotechnic waste,explosive organic peroxide waste,explosive self-reactive waste,

“flammable” if it consists of—flammable liquid waste having a flash point below 60°C,waste gas oil, diesel, and light heating oils having a flashpoint greater than 50°C or less than or equal to 75°C,flammable pyrophoric liquid and solid waste or liquid waste which even in small quantities is liable to ignite within five minutes of coming into contact with air,flammable solid waste which is readily combustible or may cause or contribute to fire through friction,flammable gaseous waste which is flammable in air at 20°C and a standard pressure of 101.3kPa,water reactive waste which, in contact with water, emits flammable gases in dangerous quantities,other flammable aerosols, flammable self-heating waste, flammable organic peroxides and flammable self-reactive waste,

“highly flammable” if it consists of—liquid substances and preparations having a flash point below 21°C (including extremely flammable liquids),substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy,solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition,gaseous substances and preparations which are flammable in air at normal pressure,substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities,

“infectious” if it consists of substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in humans or other living organisms,

“mercury waste” means mercury that is waste, and without prejudice to that definition, mercury and mercury compounds, whether in pure form or in mixtures, from any of the following sources are considered to be waste—the chlor-alkali industry,the cleaning of natural gas,non-ferrous mining and smelting operations,extraction from cinnabar ore,

“oxidising” if it consists of substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances.

(6) In this paragraph, a reference to the total organic carbon content of waste is a reference to the total amount of carbon bound in organic compounds in the waste.

Authorisation conditions: waste which may be accepted in different classes of landfill

10

(1) SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that the landfill is only used for the disposal of waste which has been subject to prior treatment unless—

(a) it is inert waste for which treatment is not technically feasible,

(b) it is waste other than inert waste, and treatment would not reduce its quantity or the hazards which it poses to the human health or the environment,

(c) it is waste for which requiring prior treatment would not accord with the general aims in regulation 9 or the duty in paragraph 3 of schedule 11,

(2) Where SEPA has classified a landfill as a landfill for hazardous waste under paragraph 7(2)(a), it must ensure that the permit for the landfill activity includes such conditions as it considers appropriate to ensure that only waste which fulfils the waste acceptance criteria in Part 3 of this schedule is accepted at the landfill.

(3) Where SEPA has classified a landfill as a landfill for non-hazardous waste under paragraph 7(2)(b), SEPA must ensure that the permit for the landfill activity includes the conditions necessary to ensure that—

(a) the landfill is only used for the disposal of—

(i) municipal waste,

(ii) non-hazardous waste of any other origin which fulfils the waste acceptance criteria in Part 3 of this schedule,

(iii) stable, non-reactive hazardous waste (such as that which is solidified with leaching behaviour equivalent to that of non-hazardous waste referred to in sub-paragraph (ii)), and which fulfils the waste acceptance criteria in paragraph 19(a),

(b) where hazardous waste of the type described at sub-paragraph (3)(a)(iii) is disposed of at a landfill for non-hazardous waste, it is not deposited in cells used or intended to be used for the disposal of biodegradable non-hazardous waste.

(4) Where SEPA has classified a landfill as a landfill for inert waste under paragraph 7(2)(c), it must ensure that the permit for the landfill activity includes such conditions as it considers appropriate to ensure that the landfill is only used for the disposal of inert waste which meets the waste acceptance criteria in Part 3 of this schedule.

Authorisation conditions: costs of disposal of waste in landfill

11

SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that the charges imposed for the disposal of waste at the landfill covers all of the following—

(a) the costs of setting up and operating the landfill,

(b) the costs of the financial security or equivalent arrangement required under paragraph 8(1)(d),

(c) the estimated costs for the closure and after-care of the landfill site for a period of at least 30 years from its closure.

Authorisation conditions: waste acceptance procedures

12

SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that—

(a) before or at the time of the delivery of the waste to the landfill, or of the first of a series of deliveries of the same type of waste to the landfill, appropriate documentation is provided to allow for confirmation that the waste can be accepted at the landfill according to the permit conditions and that it fulfils the relevant waste acceptance criteria in accordance with Part 3 of this schedule,

(b) waste is visually inspected at the entrance to the landfill and at the point of the deposit, to ensure that it conforms with the description provided in the documentation submitted by the holder,

(c) waste is tested, in accordance with such procedures as are specified by SEPA, to establish whether it corresponds to the description in the accompanying documents, and if representative samples are taken for analysis, that the samples and the results of any analysis are retained for at least 1 month,

(d) a register is maintained, to make available to SEPA on request, showing—

(i) the quantities of waste deposited,

(ii) its characteristics,

(iii) its origin,

(iv) the date or dates of its delivery,

(v) the identity of the producer, or in the case of municipal waste, the collector,

(vi) in the case of hazardous waste, its precise location on the site,

(e) when a delivery of waste is accepted at the landfill, a written receipt is provided to the person delivering it,

(f) SEPA is to be informed when waste is not accepted at a landfill, as soon as reasonably possible, and in any event within 7 days.

Authorisation conditions: control and monitoring of operational landfill sites

13

(1) SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that the requirements specified in sub-paragraph (2) apply to the landfill from the start of the operational phase until definitive closure.

(2) The requirements are that—

(a) the control and monitoring procedures in Part 4 of this schedule are carried out,

(b) where those control and monitoring procedures reveal any significant environmental effects—

(i) SEPA must be notified as soon as reasonably possible,

(ii) the authorised person must undertake remedial measures at their own expense,

(iii) the authorised person must follow the direction of SEPA as to the nature and timing of remedial measures,

(c) the following information, on the basis of aggregated data, must be provided to SEPA, on its request and in any event at least once a year—

(i) the results of the monitoring,

(ii) any other information which SEPA requires to demonstrate compliance with conditions of the permit or to increase knowledge of the behaviour of waste in landfill,

(d) the quality control of analytical operations of control and monitoring procedures, and analyses of representative samples taken in accordance with Part 4 of this schedule must be carried out by competent laboratories.

Authorisation conditions: closure and after-care procedures for landfills

14

(1) SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that the closure and after-care procedures set out in sub-paragraphs (2) to (4) apply to the landfill, whether it is closing in whole or in part.

(2) The closure procedure begins—

(a) when the conditions relevant to closure preparation specified in the permit are satisfied,

(b) when SEPA approves the initiation of the closure procedure following a request from the authorised person.

(3) The landfill must not be definitely closed until—

(a) such reports as may be required by SEPA have been submitted to it by the authorised person, and

(b) SEPA has—

(i) assessed all the reports submitted by the authorised person,

(ii) carried out a final on-site inspection,

(iii) notified the authorised person in writing that it approves the closure.

(4) Following definite closure of a landfill, after care procedures must ensure that—

(a) the authorised person remains responsible for the maintenance, monitoring and control for such period as SEPA determines is reasonable, taking into account the time during which the landfill could present hazards,

(b) the authorised person notifies SEPA of any significant environmental effect revealed by the control procedures, and takes the remedial steps required or approved by SEPA,

(c) the authorised person is responsible for monitoring and analysing landfill gas and leachate from the landfill and the groundwater regime in its vicinity for as long as SEPA considers that the landfill is likely to cause a hazard to the environment.

(5) The authorised person is not relieved from any liability by SEPA’s approval of the closure.

Surrender or revocation of permit for landfill activity

15

SEPA must not grant any application for complete or partial surrender of a permit for a landfill activity under regulation 30 (surrender of registration or permit), or revoke it in whole or in part under regulation 31 (revocation of permits and registrations), for as long as SEPA considers that the landfill (or the relevant part of it) is likely to cause a hazard to the environment.

PART3 — Waste acceptance criteria and procedures

CHAPTER1 — General criteria

General criteria for the acceptance of waste at all landfill

16

Waste may only be accepted at a landfill if it does not compromise the protection—

(a) of the surrounding environment, in particular groundwater and surface water,

(b) of environmental protection systems such as liners, leachate and gas collection and treatment systems at the landfill,

(d) against human health hazards.

Additional general criteria for the acceptance of waste at landfills for hazardous waste

17

Waste may only be accepted at a landfill for hazardous waste if—

(a) it is hazardous waste, and

(b) its total content or leachability—

(i) does not present a short-term occupational risk or an environmental risk, and

(ii) would not prevent the stabilisation of the landfill within its projected lifetime taking account of its aftercare period.

Additional general criteria for the acceptance of waste at landfills for non-hazardous waste

18

Waste may only be accepted at a landfill for non-hazardous waste if—

(a) it is hazardous waste, and—

(i) it is stable non-reactive hazardous waste,

(ii) its leaching behaviour is equivalent to that of non-hazardous waste which meets the relevant waste acceptance criteria, and

(iii) it is not deposited in cells used or intended to be used for the disposal of biodegradable non-hazardous waste,

(b) it is non-hazardous waste.

Additional general criteria for the acceptance of waste at landfills for inert waste

19

Waste may only be accepted at a landfill for inert waste if it—

(a) meets the requirements of paragraph 25 of this schedule, or

(b) otherwise falls within the definition of inert waste in paragraph 4 and meets the requirements in paragraph 26 of this schedule.

CHAPTER2 — Additional acceptance criteria

Additional criteria for acceptance of waste at landfills for hazardous waste

20

(1) The following criteria apply to granular waste to be accepted at a landfill for hazardous waste—

(a) the leaching limit values set out in Table 1,

(b) the additional criteria set out in Table 2, and

(2) Subject to sub-paragraph (3), the following criteria applies to monolithic hazardous waste to be accepted at a landfill—

(a) the limit values set out in Table 3,

(b) the additional criteria set out in Table 7,

(d) the monolith must be at least 40 cm in any direction or have a fracture spacing of at least 40 cm.

(3) Where waste is subject to treatment to render it monolithic, the waste must only be accepted at a landfill if prior to such treatment, the waste meets the following limit values—

(a) loss of ignition of 10%, or

(b) total organic carbon of 6%.

Component	Symbol	L/S = 10 1/kg[^f01000]
(1)SEPA may include conditions in a permit authorising limit values for specific parameters (other than dissolved organic carbon) up to three times higher for specified waste accepted in a landfill taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.	(1)SEPA may include conditions in a permit authorising limit values for specific parameters (other than dissolved organic carbon) up to three times higher for specified waste accepted in a landfill taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.	(1)SEPA may include conditions in a permit authorising limit values for specific parameters (other than dissolved organic carbon) up to three times higher for specified waste accepted in a landfill taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.
(2)If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH, it may alternatively be tested at L/S = 10 l/kg and a pH of between 7.5 and 8.0. The waste may be considered as complying with the acceptance criteria for DOC if the result of this determination does not exceed 1,000 mg/kg.	(2)If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH, it may alternatively be tested at L/S = 10 l/kg and a pH of between 7.5 and 8.0. The waste may be considered as complying with the acceptance criteria for DOC if the result of this determination does not exceed 1,000 mg/kg.	(2)If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH, it may alternatively be tested at L/S = 10 l/kg and a pH of between 7.5 and 8.0. The waste may be considered as complying with the acceptance criteria for DOC if the result of this determination does not exceed 1,000 mg/kg.
(3)The values for TDS (Total Dissolved Solids) can be used alternatively to the values for Sulphate and Chloride.	(3)The values for TDS (Total Dissolved Solids) can be used alternatively to the values for Sulphate and Chloride.	(3)The values for TDS (Total Dissolved Solids) can be used alternatively to the values for Sulphate and Chloride.
		mg/kg dry substance
Arsenic	As	25
Barium	Ba	300
Cadmium	Cd	5
Total chromium	Cr total	70
Copper	Cu	100
Mercury	Hg	2
Molybdenum	Mo	30
Nickel	Ni	40
Lead	Pb	50
Antimony	Sb	5
Selenium	Se	7
Zinc	Zn	200
Chloride	Cl-	25 000
Fluoride	F-	500
Sulphate	SO42-	50 000
Phenol index	Pl	1
Dissolved Organic Carbon[^f01001]	DOC	1000
Total dissolved solids[^f01002]	TDS	100 000
Parameter	Values
---	---
(1)Either Loss on Ignition (LOI) or Total Organic Carbon (TOC) must be used.	(1)Either Loss on Ignition (LOI) or Total Organic Carbon (TOC) must be used.
(2)If this value for TOC is not achieved, a higher limit value may be permitted by SEPA provided that the Dissolved Organic Carbon (DOC) value of 1,000 mg/kg is achieved at L/S = 10 l/kg at its own pH or a pH value of between 7.5 and 8.0.	(2)If this value for TOC is not achieved, a higher limit value may be permitted by SEPA provided that the Dissolved Organic Carbon (DOC) value of 1,000 mg/kg is achieved at L/S = 10 l/kg at its own pH or a pH value of between 7.5 and 8.0.
Loss on Ignition (LOI)[^f01003]	10%
Total organic carbon (TOC)[^f01004]	6%
Acid Neutralisation Capacity (ANC)	Must be evaluated between the pH of the waste in question, pH6 and the pH of the site leachate.
Component	Symbol	Mg/m²[^f01005]
---	---	---
(1)These limit values apply to tests using the 64-day tank test (NEN 7345) necessary for characterisation of the waste. Where it is appropriate for compliance testing, SEPA may specify use of a shortened version of the test comprising only the first four steps, and in such cases, the limit values will be a quarter of the values in the table.	(1)These limit values apply to tests using the 64-day tank test (NEN 7345) necessary for characterisation of the waste. Where it is appropriate for compliance testing, SEPA may specify use of a shortened version of the test comprising only the first four steps, and in such cases, the limit values will be a quarter of the values in the table.	(1)These limit values apply to tests using the 64-day tank test (NEN 7345) necessary for characterisation of the waste. Where it is appropriate for compliance testing, SEPA may specify use of a shortened version of the test comprising only the first four steps, and in such cases, the limit values will be a quarter of the values in the table.
Arsenic	As	20
Barium	Ba	150
Cadmium	Cd	1
Total chromium	Cr total	25
Copper	Cu	60
Mercury	Hg	0.4
Molybdenum	Mo	20
Nickel	Ni	15
Lead	Pb	20
Antimony	Sb	2.5
Selenium	Se	5
Zinc	Zn	100
Chloride	Cl-	20 000
Fluoride	F-	200
Sulphate	SO42-	20 000
Dissolved Organic Carbon	DOC	Must be evaluated

Additional criteria for acceptance of waste at landfills for non-hazardous waste

21

(1) Subject to sub-paragraph (2), waste of the following types may be accepted without testing at landfills for non-hazardous waste—

(a) municipal waste that is classified as non-hazardous in Chapter 20 of the 2000 Commission Decision,

(b) separately collected fractions of household wastes and the same non-hazardous materials from other origins.

(2) Waste referred to in sub-paragraph (1) must meet the following criteria—

(a) it must have been subject to prior treatment in accordance with paragraph 10(1) of this schedule unless prior treatment is not required by that paragraph,

(b) it must not be contaminated to such an extent as to justify its disposal in other facilities, and

(c) it must not be accepted in cells where stable, non-reactive hazardous waste is accepted in accordance with paragraph 18(a) of this schedule.

(3) Waste comprising construction materials containing asbestos and other suitable asbestos waste may also be accepted at landfills for non-hazardous waste without testing where it meets the criteria in paragraphs 18(a) and 24(a) and is landfilled in accordance with paragraph 24(b) to (f) of this schedule.

(4) Waste to which paragraphs 22 to 24 of this schedule apply provided that the criteria in the applicable paragraph is met may be accepted at landfills for non-hazardous waste.

Criteria for granular stable non-reactive hazardous waste deposited in a cell on its own and granular stable non-reactive hazardous waste and non-hazardous waste deposited in the same cell

22

(1) The following criteria apply to granular, stable, non-reactive hazardous waste and to granular non-hazardous waste which is landfilled in the same cell with such waste—

(a) the limit values set out in Table 4,

(b) the additional criteria set out in Table 5, and

(2) Subject to sub-paragraph (3), the following criteria apply to monolithic stable, non-reactive hazardous waste and to monolithic non-hazardous waste which is landfilled in the same cell with such waste—

(a) the limit values set out in Table 6,

(b) the additional criteria set out in Table 7,

(d) the monolith must be at least 40 cm in any direction or have a fracture spacing of at least 40 cm.

(3) Where waste is subject to treatment to render it monolithic, the waste must only be accepted at a landfill if, prior to such treatment, the waste met the following limit values—

(a) loss of ignition of 10%, or

(b) total organic carbon of 6%.

Component	Symbol	L/S = 10 1/kg>[^f01006]
(1)SEPA may include conditions in a permit authorising limit values for specific parameters (other than dissolved organic carbon) up to three times higher for specified waste accepted in a landfill taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.	(1)SEPA may include conditions in a permit authorising limit values for specific parameters (other than dissolved organic carbon) up to three times higher for specified waste accepted in a landfill taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.	(1)SEPA may include conditions in a permit authorising limit values for specific parameters (other than dissolved organic carbon) up to three times higher for specified waste accepted in a landfill taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.
(2)If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH, it may alternatively be tested at L/S = 10 l/kg and a pH of between 7.5 and 8.0. The waste may be considered as complying with the acceptance criteria for DOC if the result of this determination does not exceed 800 mg/kg.	(2)If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH, it may alternatively be tested at L/S = 10 l/kg and a pH of between 7.5 and 8.0. The waste may be considered as complying with the acceptance criteria for DOC if the result of this determination does not exceed 800 mg/kg.	(2)If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH, it may alternatively be tested at L/S = 10 l/kg and a pH of between 7.5 and 8.0. The waste may be considered as complying with the acceptance criteria for DOC if the result of this determination does not exceed 800 mg/kg.
(3)The values for TDS (Total Dissolved Solids) can be used alternatively to the values for Sulphate and Chloride.	(3)The values for TDS (Total Dissolved Solids) can be used alternatively to the values for Sulphate and Chloride.	(3)The values for TDS (Total Dissolved Solids) can be used alternatively to the values for Sulphate and Chloride.
		mg/kg dry substance
Arsenic	As	2
Barium	Ba	100
Cadmium	Cd	1
Total Chromium	Cr total	10
Copper	Cu	50
Mercury	Hg	0.2
Molybdenum	Mo	10
Nickel	Ni	10
Lead	Pb	10
Antimony	Sb	0.7
Selenium	Se	0.7
Zinc	Zn	50
Chloride	Cl-	15 000
Fluoride	F-	150
Sulphate	SO42-	20 000
Dissolved organic Carbon[^f01007]	DOC	800
Total dissolved solids[^f01008]	TDS	60 000
Parameter	Value
---	---
(1)If this value is not achieved, a higher limit value may be permitted by SEPA, provided that the Dissolved Organic Carbon (DOC) value of 800 mg/kg is achieved at L/S = 10 l/kg, either at the material’s own pH or at a pH value between 7.5 and 8.0.	(1)If this value is not achieved, a higher limit value may be permitted by SEPA, provided that the Dissolved Organic Carbon (DOC) value of 800 mg/kg is achieved at L/S = 10 l/kg, either at the material’s own pH or at a pH value between 7.5 and 8.0.
Total organic carbon (TOC)[^f01009]	5%
pH	Minimum 6
Acid neutralisation capacity (ANC)	Must be evaluated between the pH of the waste in question, pH6 and the pH of the site leachate.
Component	Symbol	Mg/m²[^f01010]
---	---	---
(1)These limit values apply to tests using the 64-day tank test (NEN 7345) necessary for characterisation of the waste. Where it is appropriate for compliance testing, SEPA may specify use of a shortened version of the test comprising only the first four steps, and in such cases, the limit values will be a quarter of the values in the table.	(1)These limit values apply to tests using the 64-day tank test (NEN 7345) necessary for characterisation of the waste. Where it is appropriate for compliance testing, SEPA may specify use of a shortened version of the test comprising only the first four steps, and in such cases, the limit values will be a quarter of the values in the table.	(1)These limit values apply to tests using the 64-day tank test (NEN 7345) necessary for characterisation of the waste. Where it is appropriate for compliance testing, SEPA may specify use of a shortened version of the test comprising only the first four steps, and in such cases, the limit values will be a quarter of the values in the table.
Arsenic	As	1.3
Barium	Ba	45
Cadmium	Cd	0.2
Total Chromium	Cr total	5
Copper	Cu	45
Mercury	Hg	0.1
Molybdenum	Mo	7
Nickel	Ni	6
Lead	Pb	6
Antimony	Sb	0.3
Selenium	Se	0.4
Zinc	Zn	30
Chloride	Cl-	10 000
Fluoride	F-	60
Sulphate	SO42-	10 000
Dissolved Organic Carbon	DOC	Must be evaluated
Parameter	Value
---	---
pH	Must be evaluated
Electrical conductivity (mScm-1m-2)	Must be evaluated
Acid Neutralisation Capacity (ANC)	Must be evaluated

Criteria relating to gypsum based waste

23

(1) Gypsum based and other high sulphate bearing wastes may only be disposed of in landfills for non-hazardous waste in cells where no biodegradable waste is accepted.

(2) The limit values for total organic carbon and dissolved organic carbon given in Tables 4 and 5 above apply to wastes landfilled with gypsum-based materials.

Criteria for asbestos waste

24

The following criteria apply to the landfilling of asbestos waste and to construction materials containing asbestos—

(a) the waste must contain no hazardous substances other than bound asbestos, including fibres bound by a binding agent or packed in plastic,

(b) construction material containing asbestos or other suitable asbestos waste can only be accepted in a landfill dedicated to these wastes or in a separate cell of a non-dedicated landfill, if it is sufficiently self-contained,

(c) the zone of deposit must be covered daily and before each compacting operation with appropriate material and, if the waste is not packed, it must be regularly dampened down,

(d) a final top cover must be put on the landfill or cell in order to avoid the dispersion of fibres,

(e) no works may be carried out on the landfill or cell that could lead to a release of fibres (e.g., the drilling of holes), and

(f) appropriate measures must be taken to limit the possible uses of the land after closure of the landfill in order to avoid human contact with the waste.

Additional criteria for waste acceptable without testing at landfills for inert waste

25

(1) Subject to sub-paragraph (2), waste of the types set out in Table 8 may be accepted without testing at landfills for inert waste provided the waste is—

(a) from a single stream waste of a single waste type unless different waste types from the list in Table 8 are accepted together, and

(b) from a single source.

(2) Waste referred to in sub-paragraph (1) must be tested where there is suspicion of contamination or doubt that the waste meets the definition of inert waste in paragraph 4 of this schedule or the criteria in Table 8.

(3) If such testing reveals contamination or the presence of other materials or substances such as metals, asbestos, plastics or chemicals, the waste must not be accepted at a landfill for inert waste if the extent of the contamination is such as to increase the risk associated with the waste sufficiently to justify its disposal in other classes of landfill.

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1.	The temporary storage of waste, other than waste liquid digestate, at the place of production	(a)	The waste must be stored in a secure place such that—	The waste must be stored in a secure place such that—
1.	The temporary storage of waste, other than waste liquid digestate, at the place of production	(a)	(i)	all reasonable precautions must be taken to ensure that the waste cannot escape from the place of production, and,
1.	The temporary storage of waste, other than waste liquid digestate, at the place of production	(a)	(ii)	the waste must be stored such that members of the public are unable to gain access to the waste,
1.	The temporary storage of waste, other than waste liquid digestate, at the place of production	(b)	liquid waste must be stored in a container which is of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use,	liquid waste must be stored in a container which is of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use,
1.	The temporary storage of waste, other than waste liquid digestate, at the place of production	(c)	the waste must not be stored at the place where it was produced for longer than 12 months,	the waste must not be stored at the place where it was produced for longer than 12 months,
1.	The temporary storage of waste, other than waste liquid digestate, at the place of production	(d)	any treatment of the waste must only be carried out to facilitate storage and onward transport of that waste for recovery or disposal,	any treatment of the waste must only be carried out to facilitate storage and onward transport of that waste for recovery or disposal,
1.	The temporary storage of waste, other than waste liquid digestate, at the place of production	(e)	where more than 200 litres of waste oil is stored, storage must comply with the rules for activity 28 in Chapter 2.	where more than 200 litres of waste oil is stored, storage must comply with the rules for activity 28 in Chapter 2.
2.	Temporary storage of waste at a place owned or occupied by the producer	(a)	the storage and any treatment of waste must not be carried on in the course of providing a waste management service to another person,	the storage and any treatment of waste must not be carried on in the course of providing a waste management service to another person,
2.	Temporary storage of waste at a place owned or occupied by the producer	(b)	the waste must be stored in a secure place such that—	the waste must be stored in a secure place such that—
2.	Temporary storage of waste at a place owned or occupied by the producer		(i)	all reasonable precautions must be taken to ensure that the waste cannot escape from the place where it is stored, and
2.	Temporary storage of waste at a place owned or occupied by the producer		(ii)	members of the public are unable to gain access to the waste,
2.	Temporary storage of waste at a place owned or occupied by the producer	(c)	where more than one type of waste is stored, the different types of waste must not be mixed,	where more than one type of waste is stored, the different types of waste must not be mixed,
2.	Temporary storage of waste at a place owned or occupied by the producer	(d)	the waste must not be stored at that place for more than 12 months,	the waste must not be stored at that place for more than 12 months,
2.	Temporary storage of waste at a place owned or occupied by the producer	(e)	the total amount of solid waste stored at any one time must not exceed 50 cubic metres,	the total amount of solid waste stored at any one time must not exceed 50 cubic metres,
2.	Temporary storage of waste at a place owned or occupied by the producer	(f)	the total amount of liquid waste stored at any one time must not exceed 5,000 litres,	the total amount of liquid waste stored at any one time must not exceed 5,000 litres,
2.	Temporary storage of waste at a place owned or occupied by the producer	(g)	liquid waste must be stored in a container which is of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use,	liquid waste must be stored in a container which is of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use,
2.	Temporary storage of waste at a place owned or occupied by the producer	(h)	any treatment of the waste must only be carried out to facilitate storage and onward transport of that waste for recovery or disposal,	any treatment of the waste must only be carried out to facilitate storage and onward transport of that waste for recovery or disposal,
2.	Temporary storage of waste at a place owned or occupied by the producer	(i)	where more than 200 litres of waste oil is stored, storage must comply with the rules for activity 28 in Chapter 2.	where more than 200 litres of waste oil is stored, storage must comply with the rules for activity 28 in Chapter 2.
3.	Temporary storage of waste at a collection point	(a)	The waste must be stored in a secure place such that—	The waste must be stored in a secure place such that—
3.	Temporary storage of waste at a collection point	(a)	(i)	all reasonable precautions are taken to ensure that the waste cannot escape from the collection point, and
3.	Temporary storage of waste at a collection point	(a)	(ii)	members of the public are unable to gain access to the waste,
3.	Temporary storage of waste at a collection point	(b)	where more than one type of waste is stored, the different types of waste are not mixed,	where more than one type of waste is stored, the different types of waste are not mixed,
3.	Temporary storage of waste at a collection point	(c)	the waste must not be stored at the collection point for more 12 months,	the waste must not be stored at the collection point for more 12 months,
3.	Temporary storage of waste at a collection point	(d)	the total amount of solid waste stored at any one time must not exceed 50 cubic metres,	the total amount of solid waste stored at any one time must not exceed 50 cubic metres,
3.	Temporary storage of waste at a collection point	(e)	except for WEEE, the total amount of hazardous waste stored at any one time must not exceed 5 cubic metres,	except for WEEE, the total amount of hazardous waste stored at any one time must not exceed 5 cubic metres,
3.	Temporary storage of waste at a collection point	(f)	the total amount of liquid waste stored at any one time must not exceed 5,000 litres,	the total amount of liquid waste stored at any one time must not exceed 5,000 litres,
3.	Temporary storage of waste at a collection point	(g)	liquid waste must be stored in a container which is of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use,	liquid waste must be stored in a container which is of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use,
3.	Temporary storage of waste at a collection point	(h)	any treatment of the waste must only be carried out to facilitate storage and onward transport of that waste for recovery or disposal,	any treatment of the waste must only be carried out to facilitate storage and onward transport of that waste for recovery or disposal,
3.	Temporary storage of waste at a collection point	(i)	where more than 200 litres of waste oil is stored, storage must comply with the rules for activity 28 in Chapter 2.	where more than 200 litres of waste oil is stored, storage must comply with the rules for activity 28 in Chapter 2.
4.	Use of agricultural land following the application of sewage sludge to agricultural land for the purposes of soil improvement.	The activities specified in column 1 of Table 3 must not be carried out on that land before the expiry of the period specified in column 2.	The activities specified in column 1 of Table 3 must not be carried out on that land before the expiry of the period specified in column 2.	The activities specified in column 1 of Table 3 must not be carried out on that land before the expiry of the period specified in column 2.