Environmental Authorisations (Scotland) Regulations 2018: ​Proposed Standard Conditions for Registration level activities
1.2.20. Use of less than, or equal to, 300 tonnes of waste per year in construction
Standard conditions
Below is the list of core and activity-specific standard conditions for use of less than, or equal to, 300 tonnes of waste per year in construction.
- Only the waste types listed in Table 1 can be accepted at the Authorised Place.
Table 1: Waste codes for construction waste Waste Code Authorised Wastes 01 01 02 Waste from mineral non-metalliferous excavation 01 04 08 Waste gravel and crushed rock other than those mentioned in 01 04 08 01 04 09 Waste sand and clays 02 02 02 Shellfish shells from which the soft tissue or flesh has been removed only 10 12 08 Waste ceramics, bricks, tiles and concrete 10 13 14 Waste concrete and concrete sludge 17 01 01 Concrete 17 01 02 Bricks 17 01 03 Tiles and ceramics 17 01 07 Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06 17 03 02 Bituminous mixtures other than those mentioned in 17 03 01 17 05 04 Soil and stones other than those mentioned in 17 05 03 17 05 08 Track ballast other than those mentioned in 17 05 07 19 12 05 Glass 19 12 09 Minerals (for example sand, stones) 19 12 12 Aggregates only 20 02 02 Soil and stones
- All waste entering the Authorised Place must be inspected to ensure it meets the types and quantities authorised.
- Waste identified at the Authorised Place which is not authorised must be:
a. stored on an impermeable surface with a sealed drainage system;
b. stored separately from other waste; and
c. removed from the Authorised Place as soon as reasonably practicable.
- Waste must not be stored within:
a. 50m of a spring, well or borehole; or
b. 10m of a watercourse.
- Waste must be:
a. free of contaminants; and
b. of appropriate engineering standard to fulfil the relevant use.
- The waste must not be used for the purpose of raising the level of land, filling hollows, or backfilling.
- Measures must be taken to prevent, or where that is not practicable, minimise:
a. odour;
b. noise;
c. dust;
d. litter; and
e. the presence of vermin;
arising from the authorised activities.
- Offensive odours from the authorised activities as perceived by a SEPA Officer must not be emitted beyond the boundary of the Authorised Place.
- 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.
- 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.
- 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.
- Waste must not be burned at the Authorised Place.
- 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.
- All measures that are reasonably practicable must be taken to stop an event and to minimise its effect on the environment.
- 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.
Interpretation of terms
| Term | Interpretation |
|---|---|
| Construction | The construction and maintenance of site surfaces including, but not limited to, roads, tracks, footpaths, hardstanding for gate access, parking or equipment storage, construction site access and site preparation. |
| 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. |
| 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”. |
| 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. |
| Waste | Has the same meaning as in section 75 of the Environmental Protection Act 1990. |
Rationale
This activity will apply to the use of less than, or equal to, 300 tonnes per year of waste in construction.
Consideration was given to whether this activity would be better suited to a notification level authorisation. However, time constraints do not allow for the legislative changes needed to do this. Instead, this activity will be authorised as a non-chargeable registration level activity.
There will be no requirement for data returns to be submitted for this activity.
The authorised waste types will be limited to those associated with construction activities.
Waste soils accepted at the site must be accompanied by a written assessment detailing any contaminants identified from representative sampling and analysis and confirmation of the current classification and waste code.