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

Closes 24 Nov 2024

1.2.5. Storage of less than, or equal to, 2,500 tonnes of waste per year for recovery except for activities to which the Code of Practice on Sampling and Reporting at Materials Facilities applies.

Standard conditions

Below is the list of core and activity-specific standard conditions for storage of less than, or equal to, 2,500 tonnes of waste per year for recovery, except for activities to which the Code of Practice on Sampling and Reporting at Materials Facilities applies.

  1. The authorised person must have a written management system in place to ensure compliance with the conditions of this authorisation.
     
  2. Only the authorised wastes listed in Tables 1, 2, 3 and 4 can be accepted at the Authorised Place.
     
    Table 1: Waste codes for Waste Electrical and Electronic Equipment (WEEE)
    Waste Codes Authorised Wastes
    16 02 11* WEEE containing chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs) and hydrofluorocarbons (HFCs)
    16 02 13* WEEE containing hazardous substances or components other than polychlorinated biphenyls, CFC, HCFC or HFC, or free asbestos. For example, a TV monitor containing a cathode ray tube.
    16 02 14 WEEE not containing hazardous substances or components
    20 01 21 Fluorescent tubes and other mercury-containing waste
    20 01 23* WEEE containing CFCs 
    20 01 35 WEEE containing hazardous components other than fluorescent tubes and other mercury containing waste or CFCs
    20 01 36 WEEE not containing hazardous substances or components
  3. Waste types in Table 1 must not be stored for longer than 3 months.
     
  4. The total volume of the waste types in Table 1 stored at any time must not exceed 80 cubic metres (m3).
     
    Table 2: Waste codes for segregated wastes for recycling
    Waste Codes Authorised Wastes
    15 01 01
    20 01 01
    Paper and cardboard including packaging
    02 01 04
    07 02 13 
    15 01 02 
    16 01 19 
    20 01 39
    Plastic and plastic packaging including farm plastics
    15 01 03 
    17 02 01 
    17 02 04* 
    20 02 01
    Wood and wooden packaging including railway sleepers and telegraph poles
    15 01 04 
    20 01 40
    Steel cans, aluminium cans and aluminium foils only
    15 01 05 Food and drink cartons only
    15 01 07 
    20 01 02
    Glass and glass packaging
    20 01 10 
    20 01 11
    Clothes and textiles

     
  5. Waste types in Table 2 must not be stored for longer than 6 months.
     
  6. The total volume of the waste types in Table 2 stored at any time must not exceed 300 cubic metres (m3).
     
    Table 3: Waste codes for construction and demolition wastes
    Waste Codes Authorised Wastes
    17 01 01 
    17 01 02 
    17 01 03 
    17 01 07 
    17 02 02 
    17 02 03 
    17 04 01 
    17 04 02 
    17 04 03 
    17 04 04 
    17 04 05 
    17 04 06 
    17 04 07 
    17 05 04
    17 06 04
    Construction and demolition waste capable of being used in its existing state only

     
  7. Waste types in Table 3 must not be stored for longer than 12 months.
     
  8. The total volume of the waste types in Table 3 stored at any time must not exceed 100 cubic metres (m3).
     
    Table 4: Waste codes for other wastes
    Waste Codes Authorised Wastes
    08 01 11*
    08 01 12
    20 01 27*
    20 01 28
    Waste paint
    13 01 09* Mineral-based chlorinated hydraulic oils
    13 01 10* Mineral-based non-chlorinated hydraulic oils
    13 01 11* Synthetic hydraulic oils
    13 01 12* Readily biodegradable hydraulic oils
    13 01 13* Other hydraulic oils
    13 02 04* Mineral-based chlorinated engine, gear and lubricating oils
    13 02 05* Mineral-based non-chlorinated engine, gear and lubricating oils
    13 02 06* Synthetic engine, gear and lubricating oils
     
    13 02 07* Readily biodegradable engine, gear and lubricating oils
    13 02 08* Other engine, gear and lubricating oils
    13 03 06* Mineral-based chlorinated insulating and heat transmission oils other than those mentioned in 13 03 01
    13 03 07* Mineral-based non-chlorinated insulating and heat transmission oils
    13 03 08* Synthetic insulating and heat transmission oils
    13 03 09* Readily biodegradable insulating and heat transmission oils
    13 03 10* Other insulating and heat transmission oils
    13 04 01* Bilge oils from inland navigation
    13 04 02* Bilge oils from jetty sewers
    13 04 03* Bilge oils from other navigation
    13 07 01* Fuel, oil and diesel
    13 07 02* Petrol
    13 07 03* Other fuels (including mixtures)
    14 06 01 Refrigerants and halons
    14 06 02*
    14 06 03*
    20 01 13*
    Solvents
     
    20 01 25* Edible oil and fat
    20 01 33
    20 01 34
    Batteries except lithium-ion batteries

     
  9. Waste types in Table 4 must not be stored for longer than 6 months.
     
  10. The total volume of the waste types in Table 4 stored at any time must not exceed 5 cubic metres (m3).
     
  11. Mixed waste, including but not limited to mixed dry recyclable waste, mixed municipal waste, general refuse, general skip waste or refuse derived fuel, must not be accepted at the Authorised Place.
     
  12. All waste entering the Authorised Place must be inspected to ensure it meets the types and quantities authorised.
     
  13. 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.
  14. The Authorised Place must be secured to prevent unauthorised access to the waste.
     
  15. 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.
  16. All batteries and accumulators must be stored under weatherproof covering or in suitable containers.
  17. Batteries of different types and chemistries must be stored separately.
     
  18. Lead acid batteries must be stored:
     
    1. upright with the electrical connectors pointing upwards; and
       
    2. in impermeable containers with an acid resistant base; and
       
    3. unless stored under weatherproof covering, with a lid to prevent the ingress of water.
  19. Liquid waste and waste oil must be:
     
    1. segregated;
       
    2. stored in sealed container(s);
       
    3. stored on an impermeable surface; and
       
    4. stored within a secondary containment system.
  20. All secondary containment systems must:
     
    1. hold at least:
       
      1. for a single container, 110% of its capacity; or
         
      2. for two or more containers, the greater of:
         
        1. 110% of the capacity of the largest container; or
           
        2. 25% of the capacity of all containers together.
    2. catch all spills from the container(s) and related parts;
       
    3. be leak-proof;
       
    4. be located, and/or protected, to prevent damage as far as reasonably practicable; and
       
    5. have any spills and/or rainwater removed as soon as reasonably practicable.
  21. WEEE and components of WEEE must be stored:
     
    1. under weatherproof covering;
       
    2. on an impermeable surface with the provision of spillage collection facilities; and
       
    3. in a manner which prevents damage that could prevent them from being reused or recycled.
  22. WEEE falling within codes 16 02 11* (WEEE containing CFCs, HCFCs and HFCs) or 20 01 23* (WEEE containing CFCs) must be stored in a manner that prevents the release of CFCs, HCFCs and HFCs.
     
  23. Any inert and non-degradable waste must be:
     
    1. segregated; and
       
    2. stored on an impermeable surface with a sealed drainage system.
  24. Any other non-hazardous waste must be:
     
    1. segregated; and
       
    2. stored on an impermeable surface with a sealed drainage system.
  25. Hazardous waste must not be mixed, either with a different category of hazardous waste, or with any other waste, substances, or materials.
     
  26. 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.
  27. Offensive odours from the authorised activities as perceived by a SEPA Officer must not be emitted beyond the boundary of the Authorised Place.
     
  28. 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.
     
  29. 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.
     
  30. 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.
     
  31. Waste must not be burned at the Authorised Place.
     
  32. 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.
  33. All measures that are reasonably practicable must be taken to stop an event and to minimise its effect on the environment.
     
  34. 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.
  35. All information 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.
  36. For each calendar year the information detailed in Appendix 1 must be submitted to SEPA on or before 28 January in the following year.
     
  37. 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.

Interpretation of terms

Interpretation of terms
Term Interpretation
Battery 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-

(a)    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, or

(b)    equipment designed to be sent into space.
Environmental harm (a) harm to the health of human beings or other living organisms.

(b) harm to the quality of the environment, including:

    (i) harm to the quality of the environment taken as a whole,
    (ii) harm to the quality of air, water or land, and
    (iii) other impairment of, or interference with, ecosystems,

(c) offence to the senses of human beings,

(d) damage to property, or

(e) impairment of, or interference with, amenities or other legitimate uses of the environment.
Event (a) any accident which has caused or could cause environmental harm; or
 
(b) any malfunction, breakdown or failure of plant, infrastructure or techniques which has caused or could cause environmental harm; or

(c) force majeure or action taken to save human life or limb.
Hardstanding Ground that is surfaced with a durable and hard material to create a level, load-bearing and permeable surface that:

(a)    does not accumulate rainwater or water run-off and,

(b)    is not susceptible to rutting or potholes.
Hazardous waste Has the same meaning as ‘special waste’ in Regulation 2 of The Special Waste Regulations 1996.
Impermeable surface A surface constructed of concrete or a similar impermeable material to a standard sufficient to prevent the transmission of liquids beyond the surface and should be read in conjunction with the term “sealed drainage system”.
List of waste 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, as amended from time to time.
Recovery Any operation, including storage, the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil that function, in the plant or in the wider economy and includes, but is not limited to the activities listed in Annex II of the Waste Framework Directive.
Recycling Any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original purpose or for other purposes, including reprocessing of organic materials, but excluding energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations.
Sealed container A container which is fully enclosed, weatherproof, does not allow any solid or liquid content to escape and is lockable.
Sealed drainage system In relation to an impermeable surface, a drainage system with impermeable components which does not leak and which will ensure that:

(a) no liquid will run off the pavement otherwise than via the system; and

(b) except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump.
SEPA Officer Any person who is authorised in writing by SEPA under section 108 of the Environment Act 1995. 
Storage Storage, in relation to waste, includes the keeping, managing, and depositing of waste. 
Unauthorised access Access by any person who is not permitted to enter the Authorised Place.
Waste Has the same meaning as in section 75 of the Environmental Protection Act 1990.
Waste code 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.
Waste directive Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851, and read in accordance with section 75A Environmental Protection Act 1990.
Waste electrical and electronic equipment (WEEE) Electrical or electronic equipment which is waste within the meaning of Article 3(1) of the Waste Directive including all components, subassemblies and consumables which are part of the product at the time of discarding.
Weatherproof covering A container or roofed building designed, constructed, and maintained to prevent the ingress of rain and water run-off.

Rationale

This activity will apply to the storage of various types of waste destined for recovery.

No more than 2,500 tonnes of waste can be accepted at the site on an annual basis. There are limits on the volumes of types of waste which can be stored at any time. 

It will not include activities which are in scope of Scottish Government’s Code of Practice on Sampling and Reporting at Materials Facilities. These activities will only be authorised under a permit.

This registration level activity has been created in response to feedback received from consultees when we consulted on type of authorisation earlier in the year. We recognise there is a need for an authorisation below the permit level, that allows for the storage of wastes currently authorised by exemptions such as Paragraphs 17, 18 and 48 of the Waste Management Licensing (Scotland) Regulations 2011.

Consideration was given to whether this activity would be better suited to a notification level authorisation. However, we believe that on balance this activity is better suited to being a non-chargeable registration level activity.

10. Do you agree with the list of standard conditions for the Storage of less than, or equal to, 2,500 tonnes of waste per year for recovery, except for activities within the scope of the Code of Practice on Sampling and Reporting at Materials Facilities?
11. Are there any waste types, not currently included, that you believe should be included in this Registration?
12. Are there any waste types, currently included, that you believe should be excluded from this Registration?
13. Do you agree that, due to the risks associated with them, the storage of lithium-ion batteries should be excluded from this Registration?
14. Do you agree with the storage time and volume limits contained in this Registration?