Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

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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Commission Decision 2000	Commission Decision 2000	Description	Restrictions/ Exclusions
(1)Selected construction and demolition waste (C&D waste) which—	(1)Selected construction and demolition waste (C&D waste) which—	(1)Selected construction and demolition waste (C&D waste) which—	(1)Selected construction and demolition waste (C&D waste) which—
(a) must have low contents of other types of materials (metals, plastic, organics, wood, rubber etc),	(a) must have low contents of other types of materials (metals, plastic, organics, wood, rubber etc),	(a) must have low contents of other types of materials (metals, plastic, organics, wood, rubber etc),	(a) must have low contents of other types of materials (metals, plastic, organics, wood, rubber etc),
(b) must be of known origin,	(b) must be of known origin,	(b) must be of known origin,	(b) must be of known origin,
(c) must not be from constructions polluted with inorganic or organic dangerous substances unless it is clear the demolished construction was not significantly polluted,	(c) must not be from constructions polluted with inorganic or organic dangerous substances unless it is clear the demolished construction was not significantly polluted,	(c) must not be from constructions polluted with inorganic or organic dangerous substances unless it is clear the demolished construction was not significantly polluted,	(c) must not be from constructions polluted with inorganic or organic dangerous substances unless it is clear the demolished construction was not significantly polluted,
(d) must not be from constructions treated, covered or painted with materials containing dangerous substances in significant amounts.	(d) must not be from constructions treated, covered or painted with materials containing dangerous substances in significant amounts.	(d) must not be from constructions treated, covered or painted with materials containing dangerous substances in significant amounts.	(d) must not be from constructions treated, covered or painted with materials containing dangerous substances in significant amounts.
10 – Wastes from thermal processes	10 11 03	Waste glass based fibrous materials	Only without organic binders
15 – Waste packaging, absorbents, wiping cloths, filter materials and protective clothing not otherwise specified	15 01 07	Glass packaging
17 – Construction and demolition wastes (including excavated soil from contaminated sites)	17 01 01	Concrete	Selected C&D waste only[^f01011]
17 – Construction and demolition wastes (including excavated soil from contaminated sites)	17 01 02	Bricks	Selected C&D waste only[^f01011]
17 – Construction and demolition wastes (including excavated soil from contaminated sites)	17 01 03	Tiles and ceramics	Selected C&D waste only[^f01011]
17 – Construction and demolition wastes (including excavated soil from contaminated sites)	17 01 07	Mixture of concrete, bricks, tiles and ceramics	Selected C&D waste only[^f01011]
17 – Construction and demolition wastes (including excavated soil from contaminated sites)	17 02 02	Glass
17 – Construction and demolition wastes (including excavated soil from contaminated sites)	17 05 04	Soil and stones	Excluding topsoil, peat, and soil and stones from contaminated sites
20 – Municipal wastes (household waste and similar commercial, industrial and institutional wastes) including separately collected fractions	20 01 02	Glass	Separately collected glass only
20 – Municipal wastes (household waste and similar commercial, industrial and institutional wastes) including separately collected fractions	20 02 02	Soil and stones	Only from garden and parks waste and excluding topsoil and peat

Limit values for waste acceptable at landfills for inert waste

26

The following limit values apply to waste accepted at landfills for inert waste other than waste which may be accepted without testing under paragraph 25—

(a) the limit values for leaching set out in Table 9, and

(b) the limit values for total content of organic parameters set out in Table 10.

Component	Symbol	L/S = 10 1/kg
(1)This limit value for sulphate may be increased to 6,000 mg/kg, provided that the value of CO (the first eluate of a percolation test at L/S = 0.1 l/kg) does not exceed 1,500 mg/l. It will be necessary to use a percolation test to determine the limit value at L/S = 0.1 l/kg under initial equilibrium conditions.	(1)This limit value for sulphate may be increased to 6,000 mg/kg, provided that the value of CO (the first eluate of a percolation test at L/S = 0.1 l/kg) does not exceed 1,500 mg/l. It will be necessary to use a percolation test to determine the limit value at L/S = 0.1 l/kg under initial equilibrium conditions.	(1)This limit value for sulphate may be increased to 6,000 mg/kg, provided that the value of CO (the first eluate of a percolation test at L/S = 0.1 l/kg) does not exceed 1,500 mg/l. It will be necessary to use a percolation test to determine the limit value at L/S = 0.1 l/kg under initial equilibrium conditions.
(2)If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH value, it may alternatively be tested at L/S = 10 l/kg and a pH 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 500 mg/kg.	(2)If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH value, it may alternatively be tested at L/S = 10 l/kg and a pH 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 500 mg/kg.	(2)If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH value, it may alternatively be tested at L/S = 10 l/kg and a pH 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 500 mg/kg.
(3)The value for Total Dissolved Solids can be used alternatively to the values for Sulphate and Chloride.	(3)The value for Total Dissolved Solids can be used alternatively to the values for Sulphate and Chloride.	(3)The value for Total Dissolved Solids can be used alternatively to the values for Sulphate and Chloride.
		mg/kg dry substance
Arsenic	As	0.5
Barium	As	0.5
Cadmium	Cd	0.04
Total Chromium	Cr total	0.5
Copper	Cu	2
Mercury	Hg	0.01
Molybdenum	Mo	0.5
Nickel	Ni	0.4
Lead	Pb	0.5
Antimony	Sb	0.06
Selenium	Se	0.1
Zinc	Zn	4
Chloride	Cl-	800
Fluoride	F-	10
Sulphate[^f01016]	SO42-	1000
Phenol index	Pl	1
Dissolved organic carbon[^f01017]	DO	500
Total dissolved solids[^f01018]	TDS	4000
Parameter	Value
---	---
(1)In the case of soils, a higher limit value may be permitted by SEPA, provided a Dissolved Organic Carbon value of 500 mg/kg is achieved at L/S 10 l/kg at the pH of the soil or at a pH value of between 7.5 and 8.0.	(1)In the case of soils, a higher limit value may be permitted by SEPA, provided a Dissolved Organic Carbon value of 500 mg/kg is achieved at L/S 10 l/kg at the pH of the soil or at a pH value of between 7.5 and 8.0.
	mg/kg
Total Organic Carbon (TOC)[^f01019]	30 000
BTEX compounds (benzene, toluene, ethyl benzene and xylenes)	6
Polychlorinated biphenyls (PCBs) (7 congeners)	1
Mineral oil (C10 to C40)	500
PAHs (polycyclic aromatic hydrocarbons)	100

Criteria for underground storage

27

(1) Waste may only be accepted at an underground storage site in accordance with a site-specific safety assessment which complies with Appendix A to the 2002 Council Decision.

(2) At underground storage sites for inert waste, only waste which fulfils the criteria at paragraph 25 or 26 of this schedule may be accepted.

(3) At underground storage sites for non-hazardous waste, only waste which fulfils the criteria at paragraphs 21 and 22 of this schedule may be accepted.

(4) At underground storage sites for hazardous waste, the criteria at paragraph 20 of this schedule do not apply.

Specific acceptance criteria for the temporary storage of mercury

28

(1) The temporary storage of mercury for more than one year must comply with the requirements in sub-paragraphs (2) to (9).

(2) Mercury must have a mercury content greater than 99.9% by weight and contain no impurities capable of corroding carbon or stainless steel (such as nitric acid solution, chloride salts solutions).

(3) Containers used for the storage of mercury must—

(a) be corrosion and shock resistant and welds must be avoided,

(b) be made of a container material that is carbon steel (ASTM A36/A36M-19) or stainless steel (AISI 304, 316L),

(d) have an outer side of the container that is resistant against the storage conditions,

(e) be of a design type that successfully passes the drop test and the leakproofness tests as described in Chapters 6.1.5.3 and 6.1.5.4 of Volume 2 of the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR 2023),

(f) bear a durable stamp (made by punching) mentioning the identification number of the container, the construction material, its empty weight, the reference of the manufacturer and the date of construction, and

(g) bear a plate permanently fixed to the container mentioning the identification number of the acceptance certificate referred to in sub-paragraph (6).

(4) The maximum filling ratio of the container must be 80% by volume to ensure that sufficient ullage is available, and that leakage or permanent distortion of the container cannot occur as a result of an expansion of the liquid due to high temperature.

(5) Containers must be visually inspected before storage and damaged, leaking or corroded containers must not be accepted.

(6) Only containers with an acceptance certificate complying with the requirements set out in sub-paragraphs (7) and (8) may be accepted.

(7) The acceptance certificate must include the following—

(a) the name and address of the waste producer,

(b) the name and address of the person responsible for the filling,

(d) the quantity of the mercury,

(e) the purity of the mercury and, if relevant, a description of the impurities, including the analytical report,

(f) confirmation that the containers have been used exclusively for the transport or storage of mercury, and

(g) the identification numbers of the containers.

(8) The acceptance certificate must be issued by the producer of the waste, or by the person responsible for its management.

(9) The authorised person must retain for 3 years, or a longer period as specified by SEPA in the permit, after termination of storage of mercury—

(a) the acceptance certificate,

(b) all documents relating to the keeping, monitoring and inspection of the mercury during storage, and

CHAPTER3 — Procedure for acceptance of waste at landfills

Basic characterisation

29

(1) Waste may only be accepted at a landfill if it is characterised by its producer or the person responsible for its management to ensure that all information necessary for safe disposal of the waste in the long term is available, including at least the following information—

(a) the source and origin of the waste,

(b) the process producing the waste, including—

(i) a description of the process, and

(ii) the characteristics of its raw materials and products,

(c) the waste treatment applied or a statement of reasons why such treatment is not required under paragraph 10(1) of this schedule,

(d) the composition of the waste, including where relevant, an assessment of it against the relevant limit values in Part 3 of this schedule and, where necessary and available, its other characteristic properties,

(e) the appearance of the waste, including—

(i) smell,

(ii) colour,

(iii) consistency,

(iv) physical form,

(f) the code applicable to the waste under Commission Decision 2000,

(g) in the case of hazardous waste, the relevant properties which render it hazardous according to Annex III of the Waste Framework Directive,

(h) evidence that the waste is not prohibited under paragraph 9 of this schedule,

(i) the landfill class at which the waste may be accepted,

(j) the likely behaviour (including, where relevant, leaching behaviour) of the waste in a landfill and any additional precautions that need to be taken at the landfill as a consequence,

(k) whether the waste can be recycled or recovered.

(2) For waste regularly generated in the same process, the following additional information must be provided—

(a) the compositional range for the individual wastes,

(b) the range and variability of characteristic properties,

(i) a batch leaching test,

(ii) a percolation test,

(iii) a pH dependence test,

(d) identification of the key variables to be tested for compliance testing, the frequency of compliance testing and options for simplification of compliance testing,

(e) in the case of waste which is produced in the same process in different installations, the scope of the evaluation which must include a sufficient number of measurements to show the range and variability of the characteristic properties of the waste.

(3) In order to characterise the waste, it must be subject to prior tests in accordance with paragraph 12(c) of this schedule, unless sub-paragraph (4) applies.

(4) Testing is not required in the case of any of the following types of waste—

(a) waste which may be accepted without testing under paragraphs 21 and 25 of this schedule,

(b) waste in respect of which SEPA is satisfied that all the necessary information for the characterisation under sub-paragraph (3) can be provided without testing,

(i) the waste is of a type where testing is impractical or appropriate testing procedures and acceptance criteria are not available,

(ii) the waste is of a type which is acceptable at the landfill class in question,

(5) Records of the information obtained for the purposes of characterisation must be retained by the authorised person for at least two years after the date of characterisation.

(6) Any type which may be accepted without testing under sub-paragraph (4) is subject to checking for compliance with its basic characterisation established under this paragraph.

Compliance testing

30

(1) Waste regularly generated in the same process does not require for each batch to be tested as part of its basic characterisation, but may instead be subject to compliance testing in accordance with this paragraph.

(2) Compliance testing must consist of one or more of the tests applied in accordance with paragraph 29 of this schedule and must include—

(a) testing of the key variables established under paragraph 29(2)(d) so as to demonstrate that the waste meets the limit values for those variables,

(b) a batch leaching test using the same method as was used for the test undertaken under paragraph 29(2)(c)(i), and

(c) tests which demonstrate that the waste complies with the results of the characterisation carried out under paragraph 29 and the relevant waste acceptance criteria.

(3) Compliance testing must be carried out at the times established in the characterisation but must not be less frequent than once a year.

(4) Records of compliance testing must be retained by the operator for a period of not less than two years.

PART4 — Minimum monitoring procedures for landfills

31

This Part sets out minimum procedures for monitoring to be carried out to check—

(a) that waste has been accepted for disposal only if it fulfils the relevant waste acceptance criteria,

(b) that the processes within the landfill proceed as required,

(d) that the conditions of the landfill permit are fulfilled.

Sampling and test methods

32

(1) Sampling and testing is to be carried out in accordance with Part 3 of the Annex to the 2002 Council Decision.

(2) Any tests and analysis under this Part of this schedule for which CEN standards are not available must be approved by SEPA.

Emission data: water, leachate and gas control

33

(1) Samples of leachate or surface water (if present) must be collected at representative points.

(2) Sampling and measuring of the volume and composition of any leachate must be performed separately at each point at which leachate is discharged from the site.

(3) Monitoring of surface water (if present) must take place at least two points, one upstream from the landfill and one downstream.

(4) Gas monitoring must be carried out for each section of the landfill and representative samples must be collected and analysed in accordance with Table 11.

(5) A sample of leachate and water representative of the average composition must be taken for monitoring purposes in accordance with Table 11.

	Operational phase	After-care phase[^f01020]
(1)The frequency of sampling may be adapted on the basis of the morphology of the landfill waste (in tumulus, buried, etc) (but only if SEPA considers that the conditions of the landfill permit should allow for it).	(1)The frequency of sampling may be adapted on the basis of the morphology of the landfill waste (in tumulus, buried, etc) (but only if SEPA considers that the conditions of the landfill permit should allow for it).	(1)The frequency of sampling may be adapted on the basis of the morphology of the landfill waste (in tumulus, buried, etc) (but only if SEPA considers that the conditions of the landfill permit should allow for it).
(2)These do not apply where leachate collection is not required under paragraph 39(2).	(2)These do not apply where leachate collection is not required under paragraph 39(2).	(2)These do not apply where leachate collection is not required under paragraph 39(2).
(3)Longer intervals may be allowed if the evaluation of data indicates that they would be equally effective. For leachates, the conductivity must always be measured at least once a year.	(3)Longer intervals may be allowed if the evaluation of data indicates that they would be equally effective. For leachates, the conductivity must always be measured at least once a year.	(3)Longer intervals may be allowed if the evaluation of data indicates that they would be equally effective. For leachates, the conductivity must always be measured at least once a year.
(4)The parameters to be measured and substances to be analysed vary according to the composition of the waste deposited. They must be specified in the conditions of the landfill permit and reflect the leaching characteristics of the wastes.	(4)The parameters to be measured and substances to be analysed vary according to the composition of the waste deposited. They must be specified in the conditions of the landfill permit and reflect the leaching characteristics of the wastes.	(4)The parameters to be measured and substances to be analysed vary according to the composition of the waste deposited. They must be specified in the conditions of the landfill permit and reflect the leaching characteristics of the wastes.
(5)On the basis of the characteristics of the landfill site, SEPA may determine that these measurements are not required.	(5)On the basis of the characteristics of the landfill site, SEPA may determine that these measurements are not required.	(5)On the basis of the characteristics of the landfill site, SEPA may determine that these measurements are not required.
(6)These measurements are related mainly to the content of the organic material in the waste.	(6)These measurements are related mainly to the content of the organic material in the waste.	(6)These measurements are related mainly to the content of the organic material in the waste.
(7)CH₄, CO₂, O₂ regularly, other gases as required, according to the composition of the waste deposited, with a view to reflecting its leaching properties.	(7)CH₄, CO₂, O₂ regularly, other gases as required, according to the composition of the waste deposited, with a view to reflecting its leaching properties.	(7)CH₄, CO₂, O₂ regularly, other gases as required, according to the composition of the waste deposited, with a view to reflecting its leaching properties.
(8)Efficiency of the gas extraction system must be checked regularly.	(8)Efficiency of the gas extraction system must be checked regularly.	(8)Efficiency of the gas extraction system must be checked regularly.
Leachate volume[^f01021]	Monthly[^f01020][^f01022]	Every six months
Leachate composition[^f01021][^f01023]	Quarterly[^f01022]	Every six months
Volume and composition of surface water[^f01024]	Quarterly[^f01022]	Every six months
Potential gas emissions and atmospheric pressure [^f01025] (CH₄, CO ₂, O₂, H₂S, H₂ etc)	Monthly[^f01022][^f01026]	Every six months[^f01027]

Protection of groundwater: sampling

34

(1) The sampling measurements must be sufficient to provide information on groundwater likely to be affected by the discharge from the landfill, with at least one measuring point in the groundwater inflow region and two in the outflow region.

(2) The number of measurements referred to in sub-paragraph (1) may be increased on the basis of a specific hydrogeological survey and the need for an early identification of accidental leachate release in the groundwater.

(3) Sampling must be carried out in at least three locations before the landfilling of waste in order to establish reference values for future sampling.

Protection of groundwater: monitoring

35

(1) The monitoring of groundwater must be carried out in accordance with Table 12.

(2) The parameters to be analysed in the samples taken must be derived from the expected composition of the leachate and the groundwater quality in the area.

(3) In selecting the parameters for analysis, the mobility in the groundwater zone must be taken into account.

(4) Parameters may include indicator parameters in order to ensure an early recognition of change in water quality.

(5) The recommended parameters are pH, TOC, phenols, heavy metals, fluoride, As, oil/hydrocarbons.

	Operational phase	After-care phase
(1)If there are fluctuating groundwater levels, the frequency must be increased.	(1)If there are fluctuating groundwater levels, the frequency must be increased.	(1)If there are fluctuating groundwater levels, the frequency must be increased.
(2)The frequency must be based on the possibility for remedial action between two samplings if a trigger level is reached, i.e., the frequency must be determined on the basis of knowledge and the evaluation of the velocity of groundwater flow.	(2)The frequency must be based on the possibility for remedial action between two samplings if a trigger level is reached, i.e., the frequency must be determined on the basis of knowledge and the evaluation of the velocity of groundwater flow.	(2)The frequency must be based on the possibility for remedial action between two samplings if a trigger level is reached, i.e., the frequency must be determined on the basis of knowledge and the evaluation of the velocity of groundwater flow.
(3)When a trigger level is reached (see paragraph 36), verification is necessary by repeating the sampling. When the level has been confirmed, a contingency plan set out in the landfill permit conditions must be followed.	(3)When a trigger level is reached (see paragraph 36), verification is necessary by repeating the sampling. When the level has been confirmed, a contingency plan set out in the landfill permit conditions must be followed.	(3)When a trigger level is reached (see paragraph 36), verification is necessary by repeating the sampling. When the level has been confirmed, a contingency plan set out in the landfill permit conditions must be followed.
Level of groundwater	Every six months[^f01028]	Every six months
Groundwater composition	Site-specific frequency	Site-specific frequency[^f01029][^f01030]

Protection of groundwater: trigger levels

36

(1) Significant environmental effects, as referred to in paragraphs 13(2)(b) and 14(4)(b) of this schedule, should be considered to have occurred in the case of groundwater, when an analysis of a groundwater sample shows a significant change in water quality.

(2) The level at which the effects referred to in sub-paragraph (1) are considered to have occurred (“the trigger level”) must be determined taking account of the specific hydrogeological formations in the location of the landfill and groundwater quality.

(3) The trigger level must be set out in the conditions of a landfill permit whenever possible.

(4) The observations must be evaluated by means of control charts with established control rules and levels for each downgradient well.

(5) The control levels must be determined from local variations in groundwater quality.

Topography of the site: data on landfill body

37

The topography of the site and settling behaviour of the landfill body must be monitored in accordance with Table 13.

	Operating phase	After-care phase
(1)Data for the status plan of the landfill: surface occupied by waste, volume and composition of waste, methods of depositing, time and duration of depositing, calculation of the remaining capacity still available at the landfill.	(1)Data for the status plan of the landfill: surface occupied by waste, volume and composition of waste, methods of depositing, time and duration of depositing, calculation of the remaining capacity still available at the landfill.	(1)Data for the status plan of the landfill: surface occupied by waste, volume and composition of waste, methods of depositing, time and duration of depositing, calculation of the remaining capacity still available at the landfill.
Structure and composition of landfill body[^f01031]	Yearly
Settling behaviour of the level of the landfill body	Yearly	Yearly reading

PART5 — General requirements for all landfills

Location

38

(1) The location of a landfill must take into consideration requirements relating to—

(a) the distances from the boundary of the site to residential and recreational areas, waterways, water bodies and other agricultural or urban sites,

(b) the existence of groundwater, coastal water or nature protection zones in the area,

(d) the risk of flooding, subsidence, landslides or avalanches on the site,

(e) the protection of the natural or cultural heritage in the area.

(2) SEPA may issue a permit for a landfill activity only if—

(a) the characteristics of the site with respect of the requirements in sub-paragraph (1), or

(b) the remedial measures to be taken,

indicate that the landfill does not pose a serious environmental risk.

(3) In this paragraph “nature protection zone” means—

(a) land which has been notified under section 3 of the Nature Conservation (Scotland) Act 2004, or

(b) a European site within the meaning of regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994.

Water control and leachate management

39

(1) Appropriate arrangements must be made having regard to the characteristics of the landfill and prevailing meteorological conditions in order to—

(a) control rainwater entering the landfill body,

(b) prevent surface water or groundwater from entering into landfilled waste,

(2) Arrangements need not be made in accordance with sub-paragraph (1)(c) if SEPA decides that the landfill poses no potential hazard to the environment in view of its location and the kinds of waste to be accepted at the landfill.

(3) This paragraph does not apply to landfills for inert waste.

Protection of soil and water and leachate collection and sealing systems

40

(1) The landfill must be situated and designed so as to—

(a) provide the conditions for prevention of pollution of the soil, groundwater or surface water,

(b) ensure efficient collection of leachate as and when required by paragraph 39 of this schedule.

(2) Soil, groundwater and surface water must be protected by the use of a geological barrier combined with—

(a) a bottom liner during the operational phase of the landfill, and

(b) a top liner following closure and during the after-care phase.

(3) The geological barrier must comply with the requirements of sub-paragraph (4) and must also provide sufficient attenuation capacity to prevent a potential risk to soil and groundwater.

(4) The landfill base and sides must consist of a mineral layer which provides protection of soil, groundwater and surface water at least equivalent to that resulting from the following permeability and thickness requirements—

(a) in a landfill for hazardous waste—

(i) K ≤ 1.0 x 10 – 9 metre per second,

(ii) thickness ≥ 5 metres,

(b) in a landfill for non-hazardous waste—

(i) K ≤ 1.0 x 10 – 9 metre/second,

(ii) thickness ≥ 1 metre,

(i) K ≤ 1.0 x 10 – 7 metre/second,

(ii) thickness ≥ 1 metre.

(5) Where the geological barrier does not meet the requirements of sub-paragraph (4) naturally, it may be completed artificially and reinforced by other means giving equivalent protection, but in any such case a geological barrier established by artificial means must be at least 0.5 metres thick.

(6) A leachate collection and sealing system to ensure that leachate accumulation at the base of the landfill is kept to a minimum must also be provided in any hazardous or non-hazardous landfill and must include an artificial sealing liner and a drainage liner greater than, or equal to, 0.5 metres.

(7) Where the potential hazards to the environment indicate that the prevention of leachate formation is necessary, surface sealing may be required taking account of the requirements in Table 14—

Landfill category	Non-hazardous	Hazardous
Gas drainage layer	Required	Not required
Artificial sealing liner	Not required	Required
Impermeable mineral layer	Required	Required
Drainage layer > 0.5 metres	Required	Required
Topsoil cover > 1 metre	Required	Required

(8) The requirements of sub-paragraphs (3) to (7) may be reduced to an appropriate extent if on the basis of an assessment of environmental risks—

(a) it has been decided in accordance with paragraph 39(2) of this schedule that the collection and treatment of leachate is not necessary, or

(b) it is established that the landfill poses no potential hazard to soil, groundwater or surface water.

Gas control

41

(1) Appropriate measures must be taken in order to control the accumulation and migration of landfill gas.

(2) Landfill gas must be collected from all landfills receiving biodegradable waste and the landfill gas must be treated and, to the extent possible, used.

(3) The collection, treatment and use of landfill gas under sub-paragraph (2) must be carried on in a manner which minimises damage to or deterioration of the environment and risk to human health.

(4) Landfill gas which cannot be used to produce energy must be flared.

Nuisances and hazards

42

(1) Measures must be taken to minimise the nuisances and hazards arising from the landfill in relation to—

(a) emissions of—

(i) odours,

(ii) dust,

(b) wind-blown materials,

(d) birds, vermin and insects,

(e) formation of aerosols,

(f) fires.

(2) The landfill must be equipped so that dirt originating from the site is not dispersed onto public roads and the surrounding land.

Stability

43

(1) The placement of waste must ensure stability of all the waste on the site, and associated structures, and in particular must avoid slippages.

(2) Where an artificial barrier is used, the geological substratum must be sufficiently stable, taking into account the morphology of the landfill, to prevent settlement that may cause damage to the barrier.

Site security

44

(1) The landfill must be secured to prevent free access to the site.

(2) The gates of the landfill must be locked outside operating hours.

(3) The system of control and access to the site must contain a programme of measures to detect and discourage illegal dumping at the site.

Site requirements for the temporary storage of mercury

45

(1) A storage site for the temporary storage of mercury for more than one year must comply with the requirements in sub-paragraphs (2) to (12).

(2) Mercury must be stored separately from other waste.

(3) Containers of mercury must—

(a) be stored in collecting basins suitably coated so as to be free of cracks and gaps and impervious to mercury,

(b) have a containment volume adequate for the quantity of mercury stored.

(4) The storage site must—

(a) be provided with engineered or natural barriers that are adequate to protect the environment against mercury emissions,

(b) have a containment volume adequate for the total quantity of mercury stored.

(5) The storage site floor must—

(a) be covered with mercury-resistant sealants, and

(b) have a slope and a collection sump.

(6) The storage site must be equipped with a fire protection system.

(7) Storage must be arranged in a way that ensures that all containers are easily retrievable.

(8) A continuous mercury vapour monitoring system with a sensitivity of at least 0.02 mg mercury/m³ must be installed in the storage site.

(9) The system referred to in sub-paragraph (8) must—

(a) include sensors positioned at ground level and head level,

(b) include a visual and acoustic alert system, and

(10) The storage site and the containers must be visually inspected by the authorised person at least once a month.

(11) The authorised person for the landfill must on a leak being detected—

(a) immediately take all necessary action to avoid any emission of mercury to the environment and restore the safety of the storage of the mercury, and

(b) treat the leak as causing significant environmental effects for the purposes of paragraph 13 of this schedule.

(12) Emergency plans and adequate protective equipment suitable for handling mercury must be available on site.

SCHEDULE 14 — MANAGEMENT OF SEPARATELY COLLECTED WASTE AND OPERATING A MATERIALS FACILITY

PART1 — Scope and interpretation

Scope

1

(1) This schedule applies to the activities of—

(a) management of separately collected waste,

(b) operating a materials facility.

Interpretation: general

2

(1) In this schedule—

“the 1990 Act” means the Environmental Protection Act 1990,

“dry recyclable waste” means separately collected waste that is—glass,metals,plastics,paper,card (including cardboard), andfibre-based composite material,

“dry waste stream” means a quantity of dry recyclable waste of the same type (such as glass),

“fibre-based composite material” means packaging material which is made of paperboard or paper fibres, with a layer of plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand,

“Materials Facilities Code” means the Code of Practice on Sampling and Reporting at Materials Facilities, issued by the Scottish Ministers on 24 June 2024 as it may be revised from time to time,

“separately collected waste” means waste collected and transported in accordance with section 34(2I) of the 1990 Act,

“supplier” means—where dry recyclable waste is collected pursuant to arrangements made under section 45(1)(a) or (b) of the 1990 Act by a waste collection authority within the meaning of section 30(3)(c) of the 1990 Act, the waste collection authority, except in a case falling within sub-paragraph (b),where dry recyclable waste has been transferred from another materials facility, the operator of the materials facility from which that waste was transferred,in a case not falling within sub-paragraph (a) or (b), the person who collected the dry recyclable waste, or if that person is not known, the person responsible for delivering it to the materials facility,

(2) In this schedule—

(a) “materials facility” means—

(i) a materials recovery facility, being a facility where dry recyclable waste is treated in order to separate that waste into a dry waste stream or streams,

(ii) a facility where dry recyclable waste from more than one supplier is consolidated into bulk quantities—

(aa) as a first point of consolidation,

(bb) following the first consolidation of bulk quantities, transferred from other suppliers,

for the purpose of selling it, or transferring it to other facilities or persons to enable that material to be prepared for reuse or recycling,

(b) a reference to a materials facility does not include a bring site as defined by section 45C(7) of the 1990 Act.

PART2 — Amendments to common framework provisions

Authorisations: separately collected waste

3

SEPA must ensure that a permit or registration for the management of waste includes such conditions as it considers appropriate to ensure the prohibition of mixing of separately collected waste with any other waste or any material, to the extent that mixing would hamper further recycling,

Authorisations: Materials Facilities Code

4

SEPA mustensure that a permit or registration for operating a materials facility that is granted or varied on or after 1 November 2025 includes the condition or conditions it considers appropriate to ensure compliance with the Materials Facilities Code.

SCHEDULE 15 — MANAGEMENT OF WASTE VEHICLES

PART1 — Scope and interpretation

Scope

1

This schedule applies to the management of waste vehicles.

Interpretation: general

2

In this schedule—

“depollution” in relation to a waste vehicle, means the carrying out on it of any of the operations described in paragraph 7 of this schedule that are possible (or, in the case of a component identified as containing mercury, feasible) in relation to that waste motor vehicle,

“depolluted”, in relation to a waste vehicle means that all of the possible or feasible depollution operations have been completed in relation to that waste vehicle,

“the 2003 Regulations” means the End-of-Life Vehicles Regulations 2003,

“hazardous materials and components” means any material or components containing a hazardous substance,

“hazardous substance” means any hazardous substance which fulfils the criteria for any of the following hazard classes or categories set out in Annex I of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures—hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F,hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10,hazard class 4.1,hazard class 5.1,

“shredder” means any device used for tearing into pieces or fragmenting waste vehicles, including for the purpose of obtaining directly reusable metal scrap,

“storage” includes keeping and temporary storage,

“treatment” means any activity after the waste vehicle has been handed over to a facility for depollution, dismantling, shearing, shredding, recovery or preparation for disposal of the shredder wastes, and other operation carried out for the recovery and/or disposal of the waste vehicle and its components,

“vehicle” includes—any vehicle designated as category M1 or N1 as defined in Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, andthree-wheel motor vehicles within the meaning of Article 4 and Annex 1 of Regulation (EU) No168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles, but excluding any vehicle of category L5e,

“waste vehicle” means a motor vehicle of any type that is waste.

PART2 — Amendments to common framework provisions

Authorisations: general

3

The treatment of waste vehicles may only be authorised by permit or registration.

Authorisations: general conditions

4

SEPA mustensure that an authorisation for the treatment of waste vehicles includes such conditions as it considers appropriate to ensure that—

(a) stripping of waste vehicles is done in a way that best reduces any adverse impact on the environment, before any further treatment is undertaken,

(b) any components or materials labelled or otherwise identifiable in accordance with regulation 18(2) of the 2003 Regulations are stripped before any further treatment,

(d) hazardous materials and components are removed from waste vehicles and segregated in such a way so as not to contaminate any part of a vehicle that is to be shredded,

(e) stripping or storage of waste vehicles is carried out to ensure the suitability of components for reuse or recovery, and in particular, recycling.

Authorisations: storage prior to treatment

5

SEPA must ensure that an authorisation for the storage of waste vehicles includes such conditions as it considers appropriate to ensure that storage of a waste vehicle prior to treatment is only carried out at a site—

(a) having, in appropriate areas, impermeable surfaces and provided with spillage collection facilities, decanters and cleanser-degreasers, and

(b) provided with equipment for the treatment of water (including rainwater) in compliance with all applicable legislation concerning health and environmental matters.

Authorisations: site requirements

6

SEPA must ensure that an authorisation for the treatment of waste vehicles includes such conditions as it considers appropriate to ensure that treatment is only carried out at a site—

(a) having, in appropriate areas, impermeable surfaces and provided with spillage collection facilities, decanters and cleanser-degreasers,

(b) provided with storage facilities that are appropriate for dismantled spare parts, including impermeable storage facilities for spare parts that are contaminated with oil,

(c) provided with containers that are appropriate for the storage of batteries (whether electrolyte neutralisation is carried out on-site or elsewhere), filters, and condensers containing any PCB (Polychlorinated Biphenyls) or PCT (Polychlorinated Terphenyls) or both,

(d) provided with storage tanks that are appropriate for the separate segregated storage of any fluid from a waste vehicle,

(e) provided with equipment for the treatment of water (including rainwater) in compliance with all applicable legislation concerning health and environmental matters,

(f) at which there is appropriate storage for used tyres without excessive stockpiling, and minimising any risk of fire.

Authorisations: required treatment operations

7

SEPA must ensure that an authorisation for the treatment of waste vehicles includes such conditions as it considers appropriate to ensure that treatment operations for the depollution of waste vehicles consist of—

(a) the removal of the battery or batteries,

(b) the removal of the liquefied gas tank,

(d) the removal and separate collection and storage of all—

(i) fuel,

(ii) motor oil,

(iii) transmission oil,

(iv) gearbox oil,

(v) hydraulic oil,

(vi) cooling liquids,

(vii) antifreeze,

(viii) brake fluids,

(ix) air-conditioning system fluids,

(x) any other fluid contained in the vehicle, but excluding any fluid which is necessarily retained for the re-use of the part concerned,

(e) the removal, so far as is feasible, of all components identified as containing mercury.

Authorisations: recovery and recycling

8

SEPA must ensure that an authorisationfor the treatment of waste vehicles includes such conditions as it considers appropriate to ensure that—

(a) where an article or material listed at heads (i) to (v) below, is present in a waste vehicle, no treatment of that vehicle prevents the removal of that article or material for the purposes of recycling—

(i) catalyst or catalysts,

(ii) all metal components containing one or more of copper, aluminium and magnesium,

(iii) tyres,

(iv) all large plastic components (including bumpers, the dashboard, and any fluid container),

(v) glass,

(b) where an article or material listed in sub-paragraph (a) is removed it is done so in a manner that best promotes its recycling,

(i) any component containing a fluid or fluids,

(ii) any recoverable component,

(iii) any spare part.

SCHEDULE 16 — MANAGEMENT OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT

PART1 — Scope and interpretation

Scope

1

This schedule applies to the management of waste electrical and electronic equipment.

Interpretation: General

2

In this schedule—

“BATRRT” means best available treatment, recovery and recycling techniques,

“removal” means manual, mechanical, chemical, or metallurgic handling with the result that hazardous substances, mixtures and components are contained in an identifiable stream or are an identifiable part of a stream within the treatment process,

“identifiable” means that a substance, mixture or component can be monitored to verify environmentally safe treatment.

PART2 — Amendments to common framework provisions

Authorisation conditions: treatment of WEEE

3

(1) SEPA must ensure that an authorisation for the storage and/or treatment of WEEE includes such conditions as it considers appropriate to ensure that storage or treatment (or both) of WEEE is carried out in accordance with the requirements in sub-paragraph (2).

(2) For the purposes of sub-paragraph (1), the requirements are—

(a) in relation to treatment other than preparation for re-use, all fluids are removed, and further relevant treatment is carried out in accordance with paragraph 4 of this schedule,

(b) BATRRT are used,

(c) sites for storage including temporary storage prior to treatment meet the requirements in paragraph 5 of this schedule,

(d) sites for treatment meet the requirements in paragraph 6 of this schedule.

(3) In determining BATRRT, SEPA may have regard to any applicable Scottish, UK or EU guidance relating to the BATRRT for WEEE.

PART3 — Technical provisions

Selective treatment for materials and components of WEEE

4

(1) The following substances, mixtures and components must be removed from any separately collected WEEE—

(a) polychlorinated biphenyls (PCB) containing capacitors in accordance with Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT),

(b) mercury containing components, such as switches or backlighting lamps,

(d) printed circuit boards of mobile phones generally, and of other devices if the surface of the printed circuit board is greater than 10 square centimetres,

(e) toner cartridges, liquid and paste, as well as colour toner,

(f) plastic containing brominated flame retardants,

(g) asbestos waste and components which contain asbestos,

(h) cathode ray tubes,

(i) chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), or hydrofluorocarbons (HFC), hydrocarbons (HC),

(j) gas discharge lamps,

(k) liquid crystal displays (together with their casing where appropriate) of a surface greater than 100 square centimetres and all those back-lighted with gas discharge lamps,

(l) external electric cables,

(m) components containing refractory ceramic fibres as described in Commission Directive 97/69/EC of 5 December 1997 adapting to technical progress for the 23rd time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances,

(n) components containing radioactive substances as defined in paragraph 4(1) of schedule 8 of these Regulations,

(o) electrolyte capacitors containing substances of concern (height more than 25 mm, diameter more than 25 mm or proportionately similar volume).

(2) The components of separately collected WEEE in this paragraph must be treated as indicated—

(a) fluorescent coating must be removed from cathode ray tubes,

(b) ozone depleting gases or gases with a global warming potential (GWP) above 15 must be properly extracted from equipment and properly treated,

(c) ozone depleting gases referred to in head (b) must be treated in accordance with Regulation (EC) No. 1005/2009 on substances that deplete the ozone layer,

(d) mercury must be removed from gas discharge lamps.

(3) Sub-paragraphs (1) and (2) are to be applied so that environmentally sound preparation for re-use and recycling of components or whole appliances is not hindered.

Technical requirements for sites for storage of WEEE prior to treatment

5

Sites for storage, including temporary storage, of WEEE prior to its treatment must have—

(a) impermeable surfaces for appropriate areas, including—

(i) provision of spillage collection facilities, and

(ii) where appropriate, decanters and cleanser-degreasers,

(b) weatherproof covering for appropriate areas.

Technical requirements for WEEE treatment sites

6

WEEE treatment sites must have—

(a) scales to weigh the treated waste,

(b) impermeable surfaces for appropriate areas, including—

(i) provision of spillage collection facilities, and

(ii) where appropriate, decanters and cleanser-degreasers,

(d) appropriate containers for storage of batteries, PCB(Polychlorinated Biphenyls) or PCT(Polychlorinated Terphenyls) containing capacitors and other hazardous waste, or radioactive waste,

(e) equipment for the treatment of water.

SCHEDULE 17 — MANAGEMENT OF WASTE BATTERIES

PART1 — Scope and interpretation

Scope

1

This schedule applies to the activity of treating and the storage on a treatment facility, of waste batteries.

Interpretation

2

In this schedule—

“battery” means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or one or more secondary battery cells (rechargeable, an accumulator), but does not include—equipment connected with the protection of essential security interests, arms, munitions and war material, with the exclusion of products that are not intended for specifically military purposes, orequipment designed to be sent into space,

“treatment” means any activity carried out on waste batteries and accumulators after they have been handed over to a treatment facility for sorting, preparation for recycling or preparation for disposal.

PART2 — Amendments to common framework provisions

Authorisations: conditions

3

SEPA must ensure that an authorisation for the treatment and storage at a treatment facility of waste batteries must include such conditions as it considers appropriate to ensure that—

(a) treatment, at a minimum, includes the removal of all fluids and acids,

(b) treatment, and any storage, including temporary storage, takes place on impermeable surfaces with suitable weatherproof covering or in suitable containers.

SCHEDULE19 — INDUSTRIAL EMISSIONS ACTIVITIES

PART 1 — Scope and interpretation

Scope

1

(1) This schedule applies to industrial emissions activities.

(2) Paragraph 2 applies for the interpretation of—

(a) this schedule,

(b) schedules 20-24,

2

(1) “Industrial emissions activity” does not include—

(a) research activities,

(b) development activities,

(2) The exception in sub-paragraph (1) does not apply where the activities in heads (a) to (c) involve the activity of incineration and co-incineration of liquid or solid waste at a waste incineration plant or co-incineration plant.

Interpretation: general

3

(1) In this schedule and schedules 20-24—

“BAT reference document” means a document, resulting from the exchange of information organised for the purposes of Article 13 of the Industrial Emissions Directive, drawn up for defined activities and describing, in particular, applied techniques, present emissions and consumption levels, techniques considered for the determination of best available techniques as well as BAT conclusions and any emerging techniques, giving special consideration to the criteria listed in paragraph 5 of schedule 20,

“BAT conclusions” means—a document annexed to a Decision establishing best available techniques which has been amended by the Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018,a document specified in regulations made in exercise of the power in regulation 9 of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019,laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures,

“biomass” means any of the following—products consisting of any vegetable matter from agriculture or forestry which can be used as a fuel for the purpose of recovering its energy content,the following waste—vegetable waste from agriculture and forestry,vegetable waste from the food processing industry, if the heat generated is recovered,fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered,cork waste,wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating and which includes, in particular, such wood waste originating from construction and demolition waste,

“directly associated activity”—in relation to a schedule 20 emissions activity, means an activity which—has a technical connection with the schedule 20 emissions activity,is carried on at the same site,could have an effect on emissions and pollution,in relation to an organic solvents emissions activity, means an activity which—has a technical connection with the organic solvents emissions activity,is carried on at the same site,could have an effect on any discharge of volatile organic compounds into the environment,

“emerging techniques” means a novel technique for an industrial activity that, if commercially developed, could provide either—a higher general level of protection of the environment, orat least the same level of protection of the environment and higher cost savings,than existing best available techniques,

“emission levels associated with BATs” means the range of emissions levels obtained under normal operating conditions using a BAT or a combination of BATs, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions,

“environmental inspection” means all actions taken by or on behalf of SEPA to check and promote compliance of installations with permit conditions and, where necessary, to monitor the environmental impact of activities carried out under a permit, including as required—site visits,monitoring of emissions and checks of internal reports and follow-up documents,verification of self-monitoring,checking the techniques used,checking the adequacy of environmental management of the installation,

“environmental quality standard” means the set of requirements which must be complied with at any given time, in respect of a particular environment as set out in domestic law,

“Industrial Emissions Directive” means Directive 2010/75 of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast),

“installation” means a stationary technical unit where one or more schedule 20 activities or organic solvents emissions activities are carried out and any other directly associated activities on the same site, and references to an installation include references to part of an installation,

“organic compound” means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorous, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates,

“organic solvent” means any volatile organic compound which is used alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials as a—cleaning agent to dissolve contaminants,dissolver,dispersion medium,viscosity adjuster,surface tension adjuster,plasticiser,preservative,

“poultry” means a bird reared or kept in captivity for the production of meat or eggs for consumption, or other products, for restocking supplies of game or for the purposes of any breeding programme for the production of such categories of birds,

“schedule 20 emissions activity” means an activity listed in Part 4 of schedule 20 where the installed capacity is at or above the applicable threshold in that schedule, whether or not the activity is carried on below the threshold,

“small isolated system (SIS)” means any system with consumption of less than 3000 GWh in the year 1996, where less than 5% of annual consumption is obtained through interconnection with other systems,

“soil” means the top layer of the earth’s crust situated between the bedrock and the surface, the soil is composed of mineral particles, organic matter, water, air and living organisms,

“Urban Waste-water Treatment Directive” means Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment,

“volatile organic compound (“VOC”) means any organic compound as well as the fraction of creosote, having at 293.15K a vapour pressure of 0.01kPa or more, or having a corresponding volatility under the particular conditions of use,

“waste incineration plant” means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated,

“waste co-incineration plant” means any stationary or mobile technical unit whose main purpose is the generation of energy or production of material products and which uses waste as a regular or additional fuel or in which waste is thermally treated for the purpose of disposal through the incineration process by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated,

(2) In this schedule, and schedules 20-24, “substance” does not include—

(a) radioactive substances as defined in paragraph 4 of schedule 8,

(b) genetically modified micro-organisms as defined in Article 2(b) of Directive 2009/41/EC of the European Parliament and the Council of 6May 2009 on the contained use of genetically modified micro-organisms,

(c) genetically modified organisms as defined in point2 of Article2 of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms.

Interpretation: substantial change

4

(1) In this schedule and schedules 20 – 24, “substantial change” means—

(a) a change in the nature or functioning, or an extension, of an installation or combustion plant, waste incineration or waste co-incineration plant which SEPA considers may—

(i) have significant negative effect on human health or the environment, or

(ii) which in itself constitutes the carrying on of an activity to which any of schedules 20-24 apply, that reaches any threshold capacity specified in those schedules and includes the activities in sub-paragraphs (2) and (3),

(b) the carrying on of an organic solvents emissions activity—

(i) where there is a change of the nominal capacity leading to an increase in emissions of volatile organic compounds of more than 10 percent, unless sub-head (ii) applies,

(ii) this sub-head applies where an organic solvents emissions activity—

(aa) falls within the lower threshold band of items 1, 3a, 3b, 4, 5, 8, 10, 13, 16 or 17 of Table 2 in schedule 23, or

(bb) falls under one of the other items of table 2 in schedule 23 and has a solvent consumption of less than 10 tonnes per year.

(iii) where sub-head (ii) applies, where there is a change of the nominal capacity leading to an increase in emissions of volatile organic compounds of more than 25 percent,

(c) a change in the operation of a waste incineration plant or waste co-incineration plant in an installation which involves the incineration and co-incineration for the first time of hazardous waste.

(2) In this paragraph—

“nominal capacity” means the maximum mass input of organic solvents at the installation averaged over one day, if that installation is operated at its design output under conditions other than start up and shut down operations or relating to the maintenance of equipment.

Interpretation: threshold values

5

For the purposes of this schedule and schedule 20—

(a) threshold values generally refer to production capacities or outputs,

(b) where an activity is described by reference to a threshold value, the threshold value refers to the installed capacity or output, whether or not the activity is carried on below the threshold,

(c) where several activities falling under the same activity description containing a threshold are operated in the same installation, the capacities of those activities are to be added together in order to determine whether a threshold is met,

(d) for the waste management activities in paragraphs 23 and 25(1) and (2) of Chapter 5 of Part 4 of schedule 20, the calculation in sub-paragraph (c) applies at the level specified for each of those activities in that schedule.

Interpretation: baseline and site reports

6

In this schedule and schedules 20 and 23—

(a) “baseline report” means a report on the state of soil and groundwater contamination by hazardous substances which contains at least the following—

(i) information on the present use and, where available, on past uses of the site unless already provided as part of a site report for an existing site,

(ii) where available, existing information on soil and groundwater measurements that reflect the state at the time the report is drawn up or, alternatively, new soil and groundwater measurements having regard to the possibility of soil and groundwater contamination by those hazardous substances to be used, produced or released by the installation,

(b) “site report” means a report that describes the condition of the site of the installation, and in particular it must—

(i) describe any soil and groundwater contamination at the site,

(ii) identify any pollutants in or on the land other than as described in head (i),

(iii) provide information on the present use of the site, and

(iv) provide any available information on past uses of the site.

PART2 — Amendments to common framework provisions

Authorisations: general

7

(1) An industrial emissions activity may only be authorised by a permit or registration.

(2) An industrial emissions activity which is carried out from time to time does not cease to require an authorisation in respect of the activity during those times when the activity is not carried out.

Authorisations: multiple installations and multiple authorised persons

8

(1) Where there is more than one authorised person in relation to a single authorisation for an installation, the authorisation must specify the responsibilities of each authorised person.

(2) An authorisation may cover two or more installations operated by the same authorised person on the same site.

(3) Where an authorisation covers two or more installations, the authorisation must contain conditions to ensure that each installation complies with the requirements of this schedule.

Authorisations: incidents, accidents and non-compliance

9

(1) SEPA must ensure that an authorisation for an industrial emissions activity includes such conditions as it considers appropriate to ensure that in the event of an incident or accident that significantly affects the environment, the authorised person must—

(a) inform SEPA immediately,

(b) immediately take measures to limit the environmental consequences of the incident or accident,

(2) SEPA must ensure that an authorisation for an industrial emissions activity includes such conditions as it considers appropriate to ensure that in the event of a breach of conditions, the authorised person must—

(a) immediately inform SEPA,

(b) immediately take necessary measures to ensure that compliance is restored as soon as possible,

(c) immediately cease operation of an installation or plant in the event of a breach of conditions that poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, until compliance is restored.

Authorisations: greenhouse gas emissions

10

(1) SEPA must not include an emission limit value in an authorisation in respect of direct emissions of a greenhouse gas where emissions of that greenhouse gas from an installation are subject to conditions imposed in a greenhouse gas emissions permit under article 26(1) of the 2020 Order (a “greenhouse gas emissions permit”), unless SEPA considers the emission limit value is necessary to ensure that no significant environmental harm is caused locally.

(2) SEPA may impose authorisation conditions requiring that decarbonisation measures be implemented.

(3) SEPA may choose not to impose energy efficiency requirements in respect of combustion units or other units emitting carbon dioxide in relation to an installation for which there is a greenhouse gas emissions permit.

(4) Where an authorisation contains an emission limit value in respect of direct emissions of a greenhouse gas and emissions of that greenhouse gas have, since the granting of the authorisation, become subject to conditions imposed in a greenhouse gas emissions permit, that emission limit value ceases for the duration of the period in which it is subject to conditions imposed in the greenhouse gas emissions permit unless SEPA considers that the emission limit value is necessary to ensure that no significant environmental harm is caused locally.

(5) In this paragraph, “the 2020 Order” means the Greenhouse Gas Emissions Trading Scheme Order 2020.

PART3 — Duties of SEPA

Duties relating to best available techniques

11

(1) SEPA must ensure that it follows or is informed of—

(a) developments in best available techniques,

(b) publication of any new or updated BAT conclusions.

(2) SEPA must make the information referred to in sub-paragraph (1) available to the public.

(3) SEPA must where appropriate exercise its functions so as to encourage the development and application of emerging techniques, in particular for any technique identified in BAT reference documents or BAT conclusions.

12

SEPA must consider, in determining an application for an authorisation for a new installation, or a variation to an existing authorisation as a result of a substantial change, any relevant information obtained or conclusion arrived at in relation to an environmental impact assessment conducted under the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017.

SCHEDULE20 — SCHEDULE 20 EMISSIONS ACTIVITIES

PART1 — Interpretation

Scope

1

This schedule applies to schedule 20 emissions activities.

Interpretation: polluting substances

2

(1) For the purposes of this schedule, the substances in sub-paragraphs (2) and (3) are “polluting substances”.

(2) Polluting substances in air—

(a) sulphur dioxide and other sulphur compounds,

(b) oxides of nitrogen and other nitrogen compounds,

(d) volatile organic compounds,

(e) metals and their compounds,

(f) dust including fine particulate matter,

(g) asbestos (suspended particulates and fibres),

(h) chlorine and its compounds,

(i) fluorine and its compounds,

(j) arsenic and its compounds,

(k) cyanides,

(l) substances and mixtures which have been proven to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air,

(m) polychlorinated dibenzodioxins and polychlorinated dibenzofurans.

(3) Polluting substances in water—

(a) organo-halogen compounds and substances which may form such compounds in the aquatic environment,

(b) organo-phosphorous compounds,

(d) substances and preparations, or the breakdown products of such, which have been proved to possess carcinogenic or mutagenic properties or properties which may affect steroidogenic, thyroid, reproduction or other endocrine-related functions in or via the aquatic environment,

(e) persistent hydrocarbons and persistent and bio-accumulable organic toxic substances,

(f) cyanides,

(g) metals and their compounds,

(h) arsenic and its compounds,

(i) biocides and plant protection products,

(j) materials in suspension,

(k) substances which contribute to eutrophication (in particular, nitrates and phosphates),

(l) substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as biochemical oxygen demand (BOD) and chemical oxygen demand (COD) etc.),

(m) substances listed in Annex X to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy.

PART2 — Amendments to common framework provisions

General principles: waste hierarchy

3

(1) SEPA must take the waste hierarchy aim into account when carrying out a relevant function contained in sub-paragraph (5) to the extent that the function relates to a schedule 20 emissions activity.

(2) The waste hierarchy aim is that all appropriate measures are taken to apply the following waste hierarchy in the manner set out in sub-paragraphs (3) and (4)—

(a) waste prevention,

(b) preparing for re-use,

(d) other recovery, including energy recovery,

(e) disposal.

(3) The waste hierarchy is to be applied in a way which—

(a) delivers the best overall environmental outcome,

(b) takes account of—

(i) the environmental principles of precaution and sustainability,

(ii) technical feasibility,

(iii) economic viability,

(iv) the protection of resources, including reducing overall impacts of resource use and improving efficiency of such use,

(v) the overall environmental, human health and social impacts.

(4) The waste hierarchy may be departed from for particular types of waste where justified in order to ensure the best overall environmental outcome is delivered, and by reference to—

(a) the measures available to the authorised person in the circumstances,

(b) the overall impact of the generation and management of such types of waste.

(5) The relevant functions are—

(a) specification of permit conditions under regulation 22(1)(c), (3) and (4),

(b) determination and revision of standard conditions under regulation 33.

General principles: BAT

4

SEPA must where applicable set permit conditions in accordance with the following principles relevant to BAT—

(a) best available techniques are applied as appropriate,

(b) the relevant BAT applicable to an activity is as determined by SEPA,

(d) stricter permit conditions than those achievable by the use of best available techniques as described in relevant BAT conclusions may be set,

(e) emission limit values and equivalent parameters and technical measures as required by paragraph 10 of this schedule must be based on best available techniques, without prescribing the use of any technique or specific technology,

(f) where permit conditions are set on the basis of a best available technique not described in any of the relevant BAT conclusions, the technique must be—

(i) determined by giving special consideration to the criteria listed in paragraph 5 of this schedule, and

(ii) in compliance with paragraphs 10 and 11 of this schedule,

(g) where an activity or type of production process carried out at an installation is not covered by any of the BAT conclusions, or where those BAT conclusions do not address all of the potential environmental effects of the activity or process, SEPA must—

(i) engage with the authorised person,

(ii) set, after the engagement in head (i), the permit conditions, including emission limit values under paragraph 11 of this schedule, on the basis of the best available techniques that SEPA has determined for those activities or processes by giving special consideration to the criteria listed in paragraph 5 of this schedule,

(h) where monitoring is required by paragraph 10 of this schedule, monitoring requirements are to be, where applicable, based on the conclusions on monitoring as described in the BAT conclusions,

(i) where achieving an environmental quality standard requires stricter conditions than those achievable by the use of best available techniques, SEPA—

(i) must include additional measures in the permit,

(ii) may take into account other measures which may be taken in to relation to achieving an environmental quality standard.

BAT: criteria for determining

5

The following criteria are to be considered by SEPA in determining best available techniques—

(a) the use of low-waste technology,

(b) the use of less hazardous substances,

(c) the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate,

(d) comparable processes, facilities or methods of operation which have been tried with success on an industrial scale,

(e) technological advances and changes in scientific knowledge and understanding,

(f) the nature, effects and volume of the emissions concerned,

(g) the commissioning dates for new or existing installations,

(h) the length of time needed to introduce the best available technique,

(i) the consumption and nature of raw materials (including water) used in the process and energy efficiency,

(j) the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it,

(k) the need to prevent accidents and to minimise the consequences for the environment,

(l) information published by public international organisations.

Duties relating to standard conditions

6

(1) When determining or revising standard conditions in relation to schedule 20 emissions activities, SEPA must ensure—

(a) an integrated approach and a high level of environmental protection equivalent to that achievable with individual permit conditions,

(b) that the conditions are based on the best available techniques for preventing, or where that is not practicable reducing, emissions from an activity, without prescribing the use of any specific technique or specific technology.

(2) SEPA must—

(a) ensure standard conditions in relation to schedule 20 activities are periodically reviewed, and

(b) revise any such standard conditions whenever it considers it necessary to do so in order to—

(i) follow developments in best available techniques,

(ii) ensure compliance with assimilated and domestic law implementing the Industrial Emissions Directive.

Authorisations: general

7

A schedule 20 emissions activity may only be authorised by permit.

Permits: applications

8

(1) An application for a schedule 20 emissions activity, other than an organic solvents emission activity, must include—

(a) a description of the installation and its activities,

(b) a description of the raw and auxiliary materials, other substances, and energy to be used in or generated by the installation,

(d) the nature and quantities of foreseeable emissions from the installation into each environmental medium and identification of significant effects of the emissions on the environment and human health,

(e) a site report,

(f) a baseline report where the activity involves the use, the production or release of relevant hazardous substances,

(g) a description of the proposed technology and other techniques for preventing or, where this is not possible, reducing emissions from the installation,

(h) a description of measures for the prevention, preparation for re-use, recycling and recovery of waste generated by the installation,

(i) a description of further measures planned to comply with the general aims in regulation 9 of these Regulations as read with paragraph 4 of this schedule,

(j) a description of the measures proposed to monitor emissions,

(k) a description of the main alternatives to the proposed technology, techniques and measures considered by the applicant,

(l) a non-technical summary of this information.

(2) Where an application is for a schedule 20 emissions activity which is an organic solvents activity—

(a) the application must include the items in sub-paragraph (1) with the exception of the items in heads (b) and (h), and

(b) the reference to emissions into each environmental medium in sub-paragraph (1)(d) is to be read as a reference to emissions into the air.

(3) SEPA may on request by the applicant waive the requirement in sub-paragraph (1)(f) to provide a baseline report, having regard for that purpose to the possibility of soil and groundwater contamination.

(4) Where information produced in response to any of the following legislation fulfils any of the requirements of sub-paragraph (1), it may be included in, or attached to the application—

(a) The Control of Major Accident Hazards Regulations 2015,

(b) The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017, or

(5) Where an applicant includes the information referred to in sub-paragraph (4) in, or attached to an application, the applicant must specify which of the requirements of sub-paragraph (1) is addressed by that information and where the information can be located.

Permits: general conditions

9

(1) A permit for a schedule 20 emissions activity must include—

(a) such conditions as SEPA considers appropriate to ensure protection of the soil and groundwater including—

(i) appropriate requirements for the regular maintenance and surveillance of measures taken to prevent emissions to soil and groundwater,

(ii) appropriate requirements for periodic monitoring of soil and groundwater in relation to relevant hazardous substances likely to be found on site and having regard to the possibility of soil and groundwater contamination at the site of the installation,

(iii) for the purposes of head (ii), periodic monitoring of—

(aa) groundwater must be carried out at least once every 5 years,

(bb) soil must be carried out at least once every 10 years,

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