Environmental Authorisations (Scotland) Regulations 2018: ​Proposed Standard Conditions for Registration level activities

Closes 24 Nov 2024

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1.1. Core standard conditions for registration level waste management activities

Core standard conditions for management systems

  1. The Authorised Person must have a written management system in place to ensure compliance with the conditions of this authorisation.

Rationale

There is an overarching requirement under EASR 2018 that the Authorised Person must ensure a regulated activity is carried out in accordance with the Registration.

In 2018, the Department for Environment, Food & Rural Affairs (DEFRA) consulted on the use of written management systems as one of a range of tools for raising and maintaining standards in the waste industry. Ninety-six percent of respondents agreed this would be a positive step towards improving performance. In addition, some responses to our own 2024 consultation on the IAF Types of Authorisation also highlighted the importance of written management systems as part of an overall approach to waste regulation.

Many Registration and Permit conditions are objective-based: SEPA defines the objective, but it is up to the operator to determine how best to meet that objective. For example, to make sure dust or odour does not cause harm outside the site’s boundary.

A well-written and implemented management system identifies how day to day activities are carried out to meet these objectives, minimise the risk of pollution and impact on the local community and the environment.

Producing a written management system need not be unduly onerous. The nature of the management system should be proportionate to the complexity of the operation at the site.

We will expect authorised persons to have written management systems in place for Registration and Permit level waste activities. We will require one to be submitted as part of the application process and consider it to be part of an ongoing demonstration of technical competence, bridging the gap between objective based conditions and practice on the ground. We will include a requirement to have a written management system as a standard condition for waste activities to be clear about our expectations. This will not replace the need for operators to take responsibility to ensure they meet the conditions of their authorisation. We are interested on your views on the inclusion of this condition. 

Core standard conditions for waste acceptance

  1. All wastes entering the Authorised Place must be inspected to ensure it meet the types and quantities authorised.
     
  2. Waste identified at the Authorised Place which is not authorised must be: 
     
    1. stored on an impermeable surface with a sealed drainage system;  
       
    2. stored separately from other waste; and 
       
    3. removed from the Authorised Place as soon as reasonably practicable.

Rationale

Most standard conditions for Registration level activities will include a table listing the waste types authorised for storage, treatment, or use. Although each set of standard conditions will include different wastes, tailored to that specific activity, the overarching approach is the same, based on Waste Codes. These codes, common across Europe, are familiar to those working in the waste management industry and are also required on transfer notes as part of the Duty of Care for waste.

Using Waste Codes in this way allows a clear link between waste classification, Duty of Care transfer notes and waste acceptance at Registration level sites. Some Waste Codes are broader in scope than the waste allowed under particular authorisations. The waste descriptions are specifically added to make clear what wastes relevant to a particular Waste Code are, or are not, acceptable. Compliance with the standard condition will require adherence to both the Waste Code and the description given within the relevant table.

While the list of authorised wastes sets a clear objective for each activity, Registrations will also include a standard condition requiring that waste is inspected on arrival.

To comply with the restrictions on waste types and quantities, it will be necessary for an Authorised Person to implement robust waste pre-acceptance and acceptance procedures documented in a written management system following a risk-based approach.

Each Registration will include a standard condition regarding quarantine storage, to deal with rejected or non-conforming wastes. Rejection and quarantine procedures should be documented in the written management system.

Quarantine areas must have an impermeable surface and be separate from all other storage. Where there is a risk of fugitive emissions from quarantined waste, it should be stored in closed or covered containers or within a building.

The maximum storage volume and time must take account of the potential for odour generation, pest infestation and storage conditions.

Definitions

For the waste registration standard conditions, the terms are defined as follows - 

Waste Code means the six-digit code referable to a type of waste in accordance with the List of Waste and in relation to hazardous waste, includes the asterisk.

List of Waste means the list of waste established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste.

Core standard conditions for site security

  1. The Authorised Place must be secured to prevent unauthorised access to the waste.

Rationale

There is a risk of direct physical contact with all on-site hazards such as wastes, machinery, and vehicles. There is a risk that access to the waste can result in vandalism, theft, fires, and harm to persons or animals.

Each Registration will include a standard condition regarding site security. This condition will set the objective of preventing unauthorised access to the waste to ensure that waste cannot escape and that members of the public are unable to gain access to the waste. This can be achieved in several ways, but it will be for the Authorised Person to determine what is best for their site and document it in the written management system.

Core standard conditions for waste storage

  1. All waste storage areas must be clearly labelled to allow the identification of:
     
    1. the waste type(s) being stored; and
       
    2. the hazards presented by each waste type.

Rationale

Each Registration will include a standard condition requiring labelling of waste storage areas. This will enable correct identification and management of waste, including any relevant hazards, to help protect those handling the waste.

Core standard conditions for pollution control

  1. Measures must be taken to prevent, or where that is not practicable, minimise:
     
    1. odour;
       
    2. noise;
       
    3. dust;
       
    4. litter; and
       
    5. the presence of vermin;

      arising from the authorised activities.
  2. Offensive odours from the authorised activities as perceived by a SEPA Officer must not be emitted beyond the boundary of the Authorised Place.
     
  3. Noise from the authorised activities, which has a significant impact on the environment, people or property, must not be emitted beyond the boundary of the Authorised Place.
     
  4. Dust from the authorised activities, which has a significant impact on the environment, people or property, must not be emitted beyond the boundary of the Authorised Place.
     
  5. Litter from the authorised activities, which has a significant impact on the environment, people or property, must not be emitted beyond the boundary of the Authorised Place.
     
  6. Waste must not be burned at the Authorised Place.

Rationale

Conditions 6 to 11 above address harms associated with odour, noise, dust, litter and vermin. These standard conditions are consistent with the one used in current Waste Management Licences. The conditions take a two-fold approach:

Step 1 – Prevent / minimise generation

Authorised Persons will be required to prevent, or where not possible, minimise the generation of nuisance. SEPA will generally not specify the measures that must be implemented. Instead, the measures taken may differ from site to site depending on a range of factors but must be documented in the written management system. Further guidance on the types of measures to consider is available as part of this consultation.

Where nuisance issues arise, the operator may be required to implement further steps to prevent / minimise nuisance to a standard sufficient to stop further issues arising.

Step 2 – No significant impact

Step 2 (no significant impact from nuisance) will be used as the lever to encourage compliance on the occasions where Step 1 (prevent / minimise generation of nuisance) fails and there has been a significant impact.

The standard conditions are also clear that waste must not be burned on site.

For sites which treat biowastes, measures to control bioaerosols are also required.

Core standard conditions for environmental event reporting

  1. SEPA must be notified via its pollution hotline contact telephone number as soon as reasonably practicable, and in any case within 24 hours of identification of an event, of any of the following:
     
    1. an event that has caused or could cause adverse impact to the environment or harm to human health;
       
    2. an event that results, or could result, in an emission to the environment that is not authorised;
       
    3. an event that has caused a breach of a condition of this authorisation.

      In this condition, the meaning of ‘event’ is as defined in the Interpretation of Terms of this authorisation.
  2. All measures that are reasonably practicable must be taken to stop an event and to minimise its effect on the environment.
     
  3. Within 14 days of an event a report must be submitted to SEPA detailing:
     
    1. the reason(s) for the event;
       
    2. the action(s) taken to stop the event and minimise the impacts; and
       
    3. the action(s) taken to prevent the event from recurring.

Rationale

Conditions 12 to 14 set out the procedures for notifying SEPA of an environmental event which has resulted or may result in an adverse impact, an unauthorised emission, or a breach of a condition.

These standard conditions are consistent across industrial activities and waste management at registration and permit level.

Core standard conditions for recording and reporting

  1. All information and assessments recorded, kept or submitted to SEPA in accordance with a condition of this authorisation must be:
     
    1. true and accurate;
       
    2. kept for a minimum of six years; and 
       
    3. provided to SEPA upon request.
  2. For each calendar year the information detailed in Appendix 1 must be submitted to SEPA on or before 28 January in the following year.
     
  3. The information detailed in Appendix 1 must be submitted to SEPA via email, in the excel spreadsheet supplied by SEPA, to waste.data@sepa.org.uk.

Rationale

Government, industry, and the public rely on good quality waste data to inform policy, measure progress against targets and steer investment decisions.

Conditions 15 to 17 establish a requirement for an annual data return at Registration level. For those operating under complex exemptions, the need to provide an annual return is not new but for those currently operating under simple exemptions, this is a new requirement. The data is the same that is required quarterly at Permit level and support is available from SEPA.

Condition 16 refers to an Appendix, which contains the basic information required for waste data returns:

  1. Reporting Year
     
  2. Authorisation Reference
     
  3. Authorised Person
     
  4. Authorised Place
     
  5. Address of Authorised Place
     
  6. Relevant Contact for Data Submission 
     
    1. Name
       
    2. Job Title 
       
    3. Telephone Number
       
    4. Email Address
  7. Weighbridge Installed (Y/N)
     
  8. Percentage of Waste Weighed
     
  9. Explanation of how tonnages were calculated for waste not weighed (including conversion factors used)
     
  10. Waste Accepted / Treated / Sent offsite:
     
    1. 6-digit Waste Code
       
    2. Brief description of waste type
       
    3. Physical form (Gas, Liquid, Sludge or Solid).
       
    4. Quantity of waste (Kilograms / Tonnes / Litres)
       
    5. Geographical origin of waste (Local Authority Code)
       
    6. Management method (Biological / Chemical / Composted / Crushed or Screened / Incinerated / Landfilled / Physical / Recycled / Transferred / Other).
       
    7. Site where waste went (name and authorisation number)

 

6. Do you agree with the list of core standard conditions for: