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

Standard conditions

Below is the list of core and activity-specific standard conditions for the use of waste on land for the purpose of soil improvement (at a single farm/site).

1. The authorised person must have written management system in place to ensure compliance with the conditions of this authorisation.
    
2. Only the authorised wastes listed in Table 1 falling within the Waste Code and the description and for the stated land use can be accepted at the Authorised Place.
    

   Table 1: Waste codes for waste for soil improvement and associated land use

   Waste Code	Description	Land Use
   01 04 10	Non-hazardous, dusty and powdery wastes from physical and chemical processing of non-metalliferous minerals: Calcareous, basaltic or ultrabasic materials only	Any
   01 04 12	Calcium carbonate from the washing / cleaning of hectorite	Any
   02 01 03	Plant tissue waste from agriculture, horticulture and forestry only	Any
   02 01 06	Animal faeces, urine and manure (including spoiled straw), effluent, collected separately and treated off-site from agriculture, horticulture, aquaculture, forestry, hunting and fishing: Farmyard manure and slurry, horse manure and soiled bedding made from plant tissue only	Agricultural
   02 01 99	Straw, wood or paper-based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets, animal faeces, urine and manure	Agricultural
   02 01 99	Spent mushroom compost	Any
   02 02 03	Materials unsuitable for consumption or processing from abattoirs, poultry preparation plants or fish preparation plants; wash waters and sludges from abattoirs, poultry preparation plants or fish preparation plants; and shells from shellfish processing	Agricultural
   02 03 01	Sludges from washing, cleaning, peeling, centrifuging and separation	Agricultural
   02 03 04	Biodegradable materials unsuitable for consumption and processing only	Agricultural
   02 03 05	Sludges from on-site effluent treatment	Agricultural
   02 03 99	Soil from cleaning and washing fruit and vegetables only	Any
   02 04 01	Soil from cleaning and washing beet	Any
   02 04 02	Off-specification calcium carbonate	Any
   02 04 03	Sludges from on-site treatment	Agricultural
   02 04 99	Biodegradable wastes not otherwise specified from the processing of sugar	Agricultural
   02 05 01	Biodegradable materials unsuitable for consumption and processing	Agricultural
   02 05 02	Sludges from on-site effluent treatment	Agricultural
   02 05 99	Biodegradable wastes not otherwise specified from the processing of dairy products	Agricultural
   02 06 01	Biodegradable materials unsuitable for consumption and processing	Agricultural
   02 06 03	Sludges from on-site effluent treatment	Agricultural
   02 06 99	Biodegradable wastes not otherwise specified from the baking and confectionary industry	Agricultural
   02 07 01	Wastes from washing, cleaning and mechanical reduction of raw materials	Agricultural
   02 07 02	Wastes from spirits distillation	Agricultural
   02 07 03	Wastes from chemical treatment	Agricultural
   02 07 04	Biodegradable materials unsuitable for consumption or processing	Agricultural
   02 07 05	Sludges from on-site effluent treatment	Agricultural
   03 01 01	Untreated waste bark and cork	Any
   03 01 05	Untreated sawdust shavings, cuttings, wood, particle board other than those mentioned in 03 01 04	Any
   03 03 01	Waste bark and wood, and pulp from virgin timber only	Non-agricultural
   03 03 05	De-inked paper sludge and de-inked paper pulp from paper recycling only	Any
   03 03 09	Lime mud waste	Any
   03 03 11	Sludges from on-site effluent treatment plants treating only virgin paper wastes which contain no inks	Agricultural
   04 01 07	Sludges from on-site effluent treatment free of chromium	Agricultural
   04 02 10	Organic matter from natural products	Any
   04 02 15	Biodegradable wastes from finishing other than those containing organic solvents	Any
   04 02 20	Sludges from on-site effluent treatment other than those mentioned in 04 02 19	Agricultural
   04 02 21	Waste from unprocessed biodegradable textile fibres	Any
   04 02 22	Waste from processed biodegradable textile fibres	Any
   06 01 99	Gypsum	Agricultural
   07 07 12	Sludges from on site effluent treatment other than those mentioned in 07 07 11	Agricultural
   10 01 01	Bottom ash from boilers burning untreated biodegradable waste only	Any
   10 01 03	Fly ash from boilers burning untreated biodegradable waste only	Agricultural
   10 13 04	Wastes from the calcination and hydration of lime: Calcium carbonate and gypsum only	Any
   17 05 04	Peat, subsoil and topsoil other than those mentioned in 17 05 03	Any
   17 05 06	Dredging Spoil other than those mentioned in 17 05 05	Any
   19 01 12	Bottom ash other than those mentioned in 19 01 11: from the incineration of pig or poultry carcasses at premises used for agriculture only	Any
   19 01 14	Fly ash other than those mentioned in 19 01 13: from the incineration of pig or poultry carcasses at premises used for agriculture only	Any
   19 05 03	Off-specification compost consisting only of biodegradable waste	Any
   19 05 99	Liquor from aerobic treatment of source segregated biodegradable waste only	Any
   19 06 03	Liquor from anaerobic treatment of municipal waste: biodegradable waste only	Agricultural
   19 06 04	Digestate from anaerobic treatment of municipal waste: biodegradable waste only	Any
   19 06 05	Liquor from anaerobic treatment of animal and vegetable waste	Agricultural
   19 06 06	Digestate from anaerobic treatment of animal and vegetable waste	Any
   19 08 05	Sludges from treatment of urban waste water: treated sludge only	Any
   19 09 02	Sludges from water clarification	Any
   20 02 01	Biodegradable waste	Any
   20 02 02	Soil and stones	Any

   
    
3. Sewage sludge must not be accepted at the Authorised Place unless it has been subject to conventional or enhanced treatment.
    
4. All waste entering the Authorised Place must be inspected to ensure that it complies with the waste types and quantities authorised.
    
5. All waste soil accepted at the Authorised Place must be accompanied by a written assessment containing the following details:
   
   a. any pollutants that could be present in the waste;
   
   b. any hazardous properties based on representative sampling and analysis; and
   
   c. confirmation of the appropriate waste code.
    
6. Waste identified at the Authorised Place which is not authorised must be:
   
   a. stored on an impermeable surface;
   
   b. stored separately from other waste; and
   
   c. removed from the Authorised Place as soon as reasonably practicable.
    
7. All waste stored at the Authorised Place must be secured to prevent unauthorised access to the waste.
    
8. All waste storage areas must be clearly labelled to allow the identification of:
   
   a. the waste type(s) being stored; and
   
   b. the hazards presented by each waste type.
    
9. The maximum storage limit of 3000 tonnes must not be exceeded at any time.
    
10. Unless stored indoors such that no waste can escape from the building, waste must not be stored where–
    
    a. the storage is within 10 metres from any watercourse or loch (as measured from the top of the bank), wetland, transitional or coastal water (as measured from the shoreline);
    
    b. the storage is within 50 metres from any spring that supplies water for human consumption, or well or borehole that is not capped in such a way as to prevent water ingress;
    
    c. the land is waterlogged;
    
    d. the land has an average soil depth of less than 40 centimetres and overlies gravel or fissured rock, unless stored in an impermeable container; or
    
    e. the land is sloping, unless any run-off is intercepted to prevent it from entering any watercourse or loch, wetland, transitional or coastal water.
     
11. Any storage system for waste must be maintained in such a condition that no waste escapes from the system.
     
12. When liquid waste is being transferred to a tank, bowser or spreading equipment, all reasonable steps must be taken to prevent any spillage or leakage.
     
13. Waste must not be stored for longer than six months before being used.
     
14. Waste must not be mixed with any material which does not provide soil improvement.
     
15. The use of waste at the Authorised Place must only be carried out where the quantities used, and the process followed result in soil improvement.
     
16. Sewage sludge must not be applied if any fruit or vegetable crops, other than fruit trees, are being grown or harvested in the application area.
     
17. Conventionally treated sewage sludge must be deep injected or ploughed down when applied to land which is to be used for grazing.
     
18. Waste must not be applied to land:
    
    a. in such amounts that the Nitrogen limit value is exceeded;
    
    b. in excess of the amount required to maintain the soil phosphorous status at acceptable agronomic levels;
    
    c. where the pH value of the soil is less than 5 unless the waste being used will increase the pH of the soil to 5 or above;
    
    d. where the application of the waste will cause the pH of the soil to fall below 5;
    
    e. during heavy rainfall or where heavy rainfall is forecast within 24 hours;
    
    f. that is within 10 metres from any watercourse or loch (as measured from the top of the bank), wetland, transitional or coastal water (as measured from the shoreline), or opening into a surface water drainage system;
    
    g. that is within 50 metres from any spring that supplies water for human consumption, or well or borehole that is not capped in such a way as to prevent water ingress;
    
    h. that is waterlogged, saturated, snow covered or frozen;
    
    i. that has an average soil depth of less than 40 centimetres and overlies gravel or fissured rock, except where use is for forestry operations; or
    
    j. that is sloping, unless any run-off is intercepted to prevent it from entering any watercourse or loch, wetland, transitional or coastal water.
     
19. Waste must not be applied to any land where the concentration in the soil of any of the elements listed in Table 2 exceeds the limit specified at the appropriate pH values or where the application of waste would lead to such an exceedance.
     
20. Waste must not be applied to land where the rate of addition to the land of any of the elements listed in Table 2 exceeds the limit specified.
     

    Table 2: Maximum concentrations and addition rates

    Potentially Toxic Elements (Pte)	Maximum Concentration of Pte in Soil (Mg/Kg Dry Solid)				Maximum Annual Rate of Pte Addition (Kg/Ha)
    	pH  5.0 - <5.5	pH 5.5 - <6.0	pH 6.0 – 7.0	pH >7.0
    Copper	80	100	135	200	7.5
    Nickel	50	60	75	110	3
    Cadmium	0.5	0.5	1	1.5	0.15
    Zinc	200	200	200	200	15
    Lead	300	300	300	300	15
    Mercury	1	1	1	1	0.1

    
     
21. Every 5 years, all land on which waste is to be spread must have the soil tested and analysed for the following parameters:
    
    a. soil pH;
    
    b. extractable phosphorus;
    
    c. extractable potassium;
    
    d. soil structure;
    
    e. extractable magnesium (mg/l dry weight) if claimed to be of benefit; and
    
    f. any potentially toxic elements (PTE) (mg/kg dry weight) that in previous analysis has shown to exceed 90% of the relevant maximum concentration given in Table 2.
     
22. Every 10 years, all land on which waste is to be spread must have the soil tested and analysed for the following parameters:
    
    a. total carbon or organic matter;
    
    b. cadmium;
    
    c. copper;
    
    d. mercury;
    
    e. nickel
    
    f. lead; and
    
    g. zinc.
     
23. Soil sampling must be carried out no more than one year prior to the first application of waste to that land.
     
24. All sewage sludge to be spread must be tested for the following parameters not more than 6 months before application to land and thereafter, every 6 months:
    
    a. pH;
    
    b. percentage content of dry matter;
    
    c. percentage content of organic matter;
    
    d. percentage content of nitrogen;
    
    e. percentage content of phosphorus;
    
    f. chromium;
    
    g. copper;
    
    h. nickel;
    
    i. cadmium;
    
    j. zinc;
    
    k. lead; and
    
    l. mercury.
     
25. All other wastes to be spread must be tested for the following parameters not more than 6 months before application to land and thereafter, every 6 months:
    
    a. pH;
    
    b. percentage content of dry matter;
    
    c. percentage content of organic matter or total carbon;
    
    d. total nitrogen;
    
    e. total phosphorus;
    
    f. total potassium;
    
    g. total magnesium;
    
    h. ammonium nitrogen or readily available nitrogen;
    
    i. cadmium;
    
    j. zinc;
    
    k. lead;
    
    l. mercury;
    
    m. chromium;
    
    n. copper; and
    
    o. nickel.
     
26. If the process that generates the waste is altered such that the characteristics of the waste may be altered, then the waste must be sampled immediately after this change has taken place.
     
27. Measures must be taken to prevent, or where that is not practicable, minimise:
    
    a. odour;
    
    b. noise;
    
    c. dust;
    
    d. litter;
    
    e. bioaerosols; and
    
    f. the presence of vermin;
    
    arising from the authorised activities.
     
28. Offensive odours from the authorised activities as perceived by a SEPA Officer must not be emitted beyond the boundary of the Authorised Place.
     
29. 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.
     
30. 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.
     
31. 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.
     
32. Bioaerosols from the authorised activities, which have a significant impact on the environment, people or property, must not be emitted beyond the boundary of the Authorised Place.
     
33. Waste must not be burned at the Authorised Place.
     
34. 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:
    
    a. an event that has caused or could cause adverse impact to the environment or harm to human health;
    
    b. an event that results, or could result, in an emission to the environment that is not authorised;
    
    c. 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.
     
35. All measures that are reasonably practicable must be taken to stop an event and to minimise its effect on the environment.
     
36. Within 14 days of an event a report must be submitted to SEPA detailing:
    
    a. the reason(s) for the event;
    
    b. the action(s) taken to stop the event and minimise the impacts; and
    
    c. the action(s) taken to prevent the event from recurring.
     
37. All information and assessments recorded, kept or submitted to SEPA in accordance with a condition of this authorisation must be:
    
    a. true and accurate;
    
    b. kept for a minimum of six years; and
    
    c. provided to SEPA upon request.
     
38. Records must be kept of the following:
    
    a. all soil samples taken; and
    
    b. all waste samples taken.
     
39. Each year on the 28 January, the authorisation holder must submit to SEPA:
    
    a. details of the areas where waste has been recovered to land;
    
    b. details of the wastes recovered to land; and
    
    c. evidence that the activities resulted in soil improvement;
    
    for the previous calendar year.
     
40. For each calendar year the information detailed in Appendix 1 must be submitted to SEPA on or before 28 January in the following year.
     
41. 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.