Environmental Authorisations (Scotland) Regulations 2018: ​Proposed Standard Conditions for Registration level activities
1.2.21. Use of waste for recovery in: (a) construction; or (b) reclamation, restoration or improvement of land projects using less than or equal to 100,000 tonnes
Standard conditions
Below is the list of core and activity-specific standard conditions for use of waste for recovery in (a) construction; or (b) reclamation, restoration or improvement of land projects using less than or equal to 100,000 tonnes (other than by mobile plant).
- The authorised person must have a written management system in place to ensure compliance with the conditions of this authorisation.
- The authorised activity must be carried out as detailed in the Waste Recovery Plan.
- Only the wastes and quantities detailed in the Waste Recovery Plan can be accepted at the Authorised Place.
- The total quantity of waste used must not exceed the amount needed to complete the authorised activity to the final levels in the Waste Recovery Plan.
- All waste entering the Authorised Place must be inspected to ensure it meets the types and quantities authorised.
- 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.
- 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.
- The Authorised Place must be secured to prevent unauthorised access to the waste.
- 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.
- Waste must be used in the manner detailed in the Waste Recovery Plan.
- Waste must not be deposited into surface water or groundwater.
- 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.
- 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.
- For each calendar year the information detailed in Appendix 1 must be submitted to SEPA on or before 28 January in the following year.
- 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
| 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. |
| Inert waste | Waste which: (a) Does not undergo any significant physical, chemical or biological transformations; (b) Does not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm to human health; and (c) has insignificant total leachability and pollutant content and ecotoxicity of its leachate are insignificant and, in particular, does not endanger the quality of any surface water or groundwater. |
| Application | The application submitted for this authorisation |
| List of wastes | The list of wastes 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. |
| 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. |
| Treatment | Recovery or disposal operations, including preparation prior to recovery or disposal. |
| 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 Recovery Plan | The Waste Recovery Plan submitted as part of the application. |
Rationale
This activity will apply to the use of low risk wastes to carry out recovery operations, including construction, reclamation, restoration or improvement of land.
Applications for this registration level activity will need to be accompanied by a waste recovery plan, which SEPA will assess as part of the application, and which must be complied with in full throughout the duration of the Registration. The purpose of the waste recovery plan is to:
- Demonstrate the need for the project,
- Specify the waste types and quantities to be used, and
- Show how these wastes will be used.
We have developed guidance to support the production of a waste recovery plan, which is available in support of this consultation. The waste recovery plan need not be unduly onerous. It should be proportionate to the complexity of the operation at the site.
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.
This activity will not authorise:
- The remediation of contaminated land,
- Use of more than 100,000 tonnes of waste in for non-construction projects,
- Use of more waste than is needed for any given recovery activity,
- Use of any waste types not listed in SEPA's waste recovery plan guidance, or
- Deviation from any approved waste recovery plan once a registration is granted.