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

Closes 24 Nov 2024

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1.2.4. Storage of asbestos waste in a single sealed container not greater than 40 cubic metres (m3)

Standard conditions

Below is the list of core and activity-specific standard conditions for storage of asbestos waste in a single sealed container not greater than 40 cubic metres (m3).

  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 Table 1 can be accepted at the Authorised Place.

Table 1: Waste codes for authorised wastes
Waste Code Authorised Wastes
17 06 01* insulation materials containing asbestos
17 06 05* construction materials containing asbestos

  1. All waste entering the Authorised Place must be inspected to ensure it meets 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.

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

  4. 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.

  5. The sealed container must be stored on a hardstanding or an impermeable surface.

  6. Hazardous waste must not be mixed, either with a different category of hazardous waste, or with any other waste, substances, or materials.

  7. 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.

  8. Offensive odours from the authorised activities as perceived by a SEPA Officer must not be emitted beyond the boundary of the Authorised Place.

  9. 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.

  10. 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.

  11. 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.

  12. Waste must not be burned at the Authorised Place.

  13. 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.

  14. All measures that are reasonably practicable must be taken to stop an event and to minimise its effect on the environment. 

  15. 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. 

  16. 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.

  17. For each calendar year the information detailed in Appendix 1 must be submitted to SEPA on or before 28 January in the following year.

  18. 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
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.
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.
Weatherproof Designed, constructed, and maintained to prevent the ingress of rain and water run-off.

 

Rationale

This activity will apply to the storage of small quantities of asbestos, where waste is received at the facility and placed directly into a sealed skip.

The authorised waste types will be limited to asbestos containing wastes only and the quantity is limited to that which can be stored in a single container not greater than 40m3 in volume. 

To reduce risks associated with direct physical contact with asbestos, the standard conditions require that waste must be stored in secure, clearly identified, lockable containers. 

There is a low potential for contaminated rainwater run-off so the container can be stored on either a hardstanding or on an impermeable surface with a sealed drainage system.

 

9. Do you agree with the list of standard conditions for the Storage of asbestos waste in a single sealed container not greater than 40 cubic metres?