Proposed Changes to Environmental Regulation Guidance on Who Can Hold an Authorisation, Public Participation, Types of Authorisations and Amendments to Standard Conditions for Registration Level Activities for Water, Waste and Industrial Activities

This activity applies to the storage and treatment of up to 1,500 tonnes of clean waste scallop shells at any one time.

For the purpose of this Registration, ‘treatment’ is defined as sorting, grading, crushing and screening.

This Registration will be subject to charging band 7. The application fee for 2026/27 is £707.47 and an annual activity fee of £562.21.

Standard Conditions

Below is the list of Standard Conditions for the storage and treatment of waste scallop shells less than or equal to 1,500 tonnes.

1. The Authorised Person must have a written management system in place.

2. The Authorised Person must regularly carry out a review of the management system and its effectiveness in terms of achieving compliance with the conditions of the authorisation.

3. Only the waste types listed in Table 1 can be accepted at the Authorised Place.

Table 1: Waste codes for waste scallop shells

4. All waste entering the Authorised Place must be inspected to ensure it meets the types and quantities authorised.

5. Waste identified at the Authorised Place which is not authorised must be:

1. 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.

6. All reasonable precautions must be taken to ensure that:

1. the waste cannot escape, and
2. members of the public are unable to gain access to the waste.

7. 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.

8. The maximum storage time limit for waste is 12 months.

9. Waste must be stored and treated on hardstanding or an impermeable surface that drains to a sealed drainage system.

10. 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.

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

12. 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.

13. 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.

14. 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.

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

16. 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.

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

18. 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. 

19. 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.

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

21. 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

The Interpretation of Terms relating to the storage and treatment of waste scallop shells less than or equal to 1,500 tonnes is listed below.

Environmental harm

1. harm to the health of human beings or living organisms,
2. harm to the quality of the environment, including:
   1. harm to the quality of the environment taken as a whole,
   2. harm to the quality of air, water or land, and
   3. other impairment of, or interference with, ecosystems,
3. offence to the senses of human beings,
4. damage to property, or
5. impairment of, or any interference with, amenities or other legitimate uses of the environment.

Event

• any accident which has caused or could cause environmental harm; or
• any malfunction, breakdown or failure of plant, infrastructure or techniques which has caused or could cause environmental harm; or
• 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:

1. does not accumulate rainwater or water run-off; and
2. is not susceptible to rutting or potholes.

Impermeable surface

A surface constructed of impermeable material to a standard sufficient to prevent the transmission of liquids beyond the surface. 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 drainage system

In relation to an impermeable surface, a drainage system with impermeable components which does not leak and which will ensure that:

1. no liquid will run off the surfaces otherwise than via the system; and
2. 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.

Treatment

Sorting, grading, crushing and screening.

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.

Rationale

Following informal consultation with industry, a new registration level activity has been developed for the storage and treatment of clean waste scallop shells. This is to support the processing of waste scallop shells into products suitable for recycling markets including as an agricultural liming agent, landscaping or horticultural material, or biofilter media or similar industrial uses.

The key condition is that the shells must be clean and free from flesh. This registration does not authorise the acceptance of scallop shells containing flesh for cleaning.

The full set of Standard Conditions which applies to this activity can be viewed on SEPA’s website, under reference EASR-SC-016.

We propose to delete Standard Conditions 16, 23 to 30 and 43 that currently apply to this activity and renumber as appropriate.

All other conditions under reference EASR-SC-016 will remain as currently published.

Standard Conditions as currently published:

16. Any gas engine and/or combined heat and power (CHP) plant stack height associated with the authorised activities must be:

1. greater than or equal to 3 metres above the roof ridge height of the building on which it is located; or,
2. greater than or equal to 3 metres above the ground if it is located separate to any building; and
3. greater than or equal to the height of any part of a building which is located within a distance of 5 times the uncorrected stack height.

23. Point source emissions to air from the authorised activities must only be made from the gas engine and/or the combined heat and power (CHP) plant stack(s).

24. Emissions of substance(s) to the air from the gas engine and/or CHP plant stack(s) must not exceed the specified emission limit value specified in Table 1.

25. Air must not be added to dilute emissions in order to achieve emission limit values specified in Table 1.

26. The emission of any substance, not specified in Table 1, from the authorised activities must not cause environmental harm.

Table 1: Emissions to air from gas engine and/or CHP: limits

27. Monitoring of emissions of substances to air must be undertaken at the gas engine and/or combined CHP plant stack(s) at the sample port, frequency and using the monitoring standard specified in Table 2.

28. Sample points must be installed, maintained and appropriately identified so that representative samples may be safely obtained.

29. Monitoring must be undertaken:

1. during normal operation;
2. under stable conditions; and
3. at a representative, even load.

30. The first monitoring of emissions must be undertaken within four months of the start of operations.

Table 2: Emissions to air from gas and/or CHP: monitoring requirements

43. The results of the monitoring of emissions, as described in condition 27, must be submitted to SEPA within eight weeks of the date the monitoring took place via email to registry@sepa.org.uk

Rationale

Following informal feedback from industry, we have established that there is not always a combustion plant associated with an anaerobic digestion (AD) plant of this capacity. If a combustion plant is connected to the AD process, the monitoring requirements will vary depending on the capacity of the plant and will be considered separately. It may require a separate authorisation.

The full set of Standard Conditions which applies to this activity can be viewed on SEPA’s website, under reference EASR-SC-017.

We propose to amend the condition order and condition 10 under this activity. All other conditions and definitions under reference EASR-SC-017 will remain as currently published.

Condition 4 as currently published:

“No more than 50 tonnes of plant-tissue waste must be stored and treated on hardstanding at any one time.”

We propose to renumber this condition as condition 9 and renumber current conditions 5 to 9 to become conditions 4 to 8.

Condition 10 as currently published:

“All storage and treatment activities must be carried out on an impermeable surface that drains to a sealed drainage system.”

We propose to amend this condition to:

“All other storage and treatment activities must be carried out on an impermeable surface that drains to a sealed drainage system.”

Rationale

The proposed amendment clarifies that up to 50 tonnes of plant tissue waste can be stored and treated on hardstanding and does not need to be stored on an impermeable surface. It removes an inconsistency between the current conditions 4 and 10 which has caused confusion to operators. It does not change the intent of the current conditions.

The full set of Standard Conditions which applies to this activity can be viewed on SEPA’s website, under reference EASR-SC-029.

We propose to amend the definition of ‘treatment’ under this activity. All other conditions and definitions under reference EASR-SC-029 will remain as currently published.

Definition of ‘treatment’ as currently published:

“Liming and physical processes such as separation, thickening, dewatering and blending. It does not include anaerobic digestion or thermal treatment.”

We propose to amend this definition to:

“Liming and physical processes such as separation, thickening, dewatering and blending. It does not include anaerobic digestion or thermal treatment, with the exception of thermal drying.”

Rationale

The proposed amendment would allow thermal drying of waste at water or wastewater treatment works to be included within the scope of the registration.

Thermal drying is a physical process, used solely to reduce moisture content and improve handling or storage. It does not involve combustion, energy recovery, or destruction of waste, and its risk profile is comparable to other authorised physical treatment processes such as dewatering.

Anaerobic digestion and other forms of thermal treatment (for example incineration, gasification or pyrolysis) will remain excluded, as they involve higher risk biological or thermal processes that require permit level controls.

The full set of Standard Conditions which applies to this activity can be viewed on SEPA’s website, under reference EASR-SC-030.

We propose to amend condition 9 under this activity. All other conditions and definitions under reference EASR-SC-030 will remain as currently published.

Condition 9 as currently published:

“Waste must be stored and treated on hardstanding or an impermeable surface that drains to a sealed drainage system.”

We propose to delete “and treated” from this condition so the amended version will read:

“Waste must be stored on hardstanding or an impermeable surface that drains to a sealed drainage system.”

We propose to add the following condition, and all conditions renumbered accordingly:

“Any POPs waste must be stored separately from other waste and on an impermeable surface with a sealed drainage system.”

We propose to add the following definitions:

“POPs” means Persistent Organic Pollutants

“POPs waste is waste which consists of, contains or is contaminated by any of the substances listed in Annex IV of Regulation (EU) 2019/1021 at a concentration above the threshold in Annex IV."

Rationale

The proposed amendment would separate the requirements for storage areas and treatment areas. Condition 13 already requires that all waste treatment areas should have an impermeable surface and a sealed drainage system. The current condition 9 introduces inconsistency and the proposed amendment removes this. It does not change the intent of the current conditions.

POPs waste must be destroyed or irreversibly transformed and must not be sent for recycling or mixed with other waste streams. The proposed condition provides clarity regarding the necessary storage of this waste.

The full set of Standard Conditions which applies to this activity can be viewed on SEPA’s website, under reference EASR-SC-031.

We propose to amend the definition of ‘treatment’ under this activity. All other conditions and definitions under reference EASR-SC-031 will remain as currently published.

Definition of ‘treatment’ as currently published:

“Sorting, separation, cutting, pulverising, shredding, chipping, blending, pelletising and briquetting.”

We propose to amend this definition to:

“Sorting, separation, cutting, shredding, chipping, pulverising, grinding, blending, pelletising and briquetting.”

Rationale

The proposed amendment would explicitly include grinding within the definition of treatment.

Grinding is a physical process used to prepare waste wood to the required specification prior to onward transfer, including for panelboard manufacture. It is operationally similar to shredding and chipping and does not introduce additional environmental risk.

The absence of grinding from the current definition has caused unnecessary uncertainty, including those situations where grinding is carried out solely as a preparatory step before wood is sent off-site for recovery.

Including grinding ensures the definition accurately reflects standard industry practice.

Overview

Some registrations were conceived with particular threshold limits. In practice we have found that some applicants are using the ability to apply for multiple registrations to try to operate above those thresholds without having the necessary controls in place. SEPA therefore intends to limit the ability to apply for multiple registrations in certain circumstances as set out below.

Waste Motor Vehicles

There are separate registrations which apply to the storage of up to 10 waste motor vehicles or to the storage and treatment of up to 5 waste motor vehicles. The full sets of Standard Conditions which apply to these activities can be viewed on SEPA’s website, under reference EASR-SC-024 and EASR-SC-027.

We propose to not accept applications which involve both of these waste motor vehicle activities as this would allow the storage and treatment of up to 15 waste motor vehicles which would be considered a commercial operation and contrary to the policy intent of the waste motor vehicle registration activities. Nor would we accept applications to add either activity to the other once a registration had been issued. All conditions and definitions under references EASR-SC-024 and EASR-SC-27 will remain as currently published.

Storage of waste for recovery

Up to 2500 tonnes of different types of waste can be stored prior to onward transport under this free registration EASR-SC-025. The waste types include WEEE, segregated recyclable, construction wastes and oils, solvents and batteries. The storage and treatment of some of these materials is also covered by separate registrations (e.g. storage and treatment of cooking oil EASR-SC-28). The intention of the registration is that it would be used to facilitate storage, not to increase capacity at sites carrying out other activities.

We therefore propose not to accept registration applications which involve multiple activities where one of those is the Storage of Waste for Recovery (EASR-SC-28) nor would we allow the subsequent addition of an activity to this registration once granted.

Rationale

The waste motor vehicle registration level activities had specific policy intents to allow storage in rural areas before onward transport and the practice of car enthusiasts of using several cars to repair at one time. They were not meant to cover commercial car breaking or garages.

Similarly, the storage of waste for recovery registration was created to facilitate storage prior to onwards movement, particularly for rural areas. It is not intended to allow operators to increase capacity at sites carrying out other activities.

Overview

We propose to insert conditions requiring the separate storage of wastes containing Persistent Organic Pollutants (POPs) into registrations which involve waste types that might contain POPs. All other conditions and definitions will remain as currently published. The proposed activities affected are:

• Storage of asbestos waste less than or equal to 40m³.
• Storage and treatment of less than or equal to 5 waste motor vehicles.
• Waste electrical and electronic equipment (WEEE) less than or equal to 35 tonnes.
• Storage of metal waste less than or equal to 10,000 tonnes

The full set of Standard Conditions which applies to the first three activities listed above can be viewed on SEPA’s website, under references EASR-SC-023, EASR-SC-027 and EASR-SC-033.  

Details of this proposed change and further proposed amendments to Standard Conditions for ‘Storage of metal waste less than or equal to 10,000 tonnes’ can be found in the activity specific section above under ‘Proposed amendments to EASR Standard Conditions’. 

We propose to add the following condition:

“Any POPs waste must be stored separately from other waste and on an impermeable surface with a sealed drainage system.”

We propose to add the following definitions:

“POPs” means Persistent Organic Pollutants

“POPs waste is waste which consists of, contains or is contaminated by any of the substances listed in Annex IV of Regulation (EU) 2019/1021 at a concentration above the threshold in Annex IV."

Rationale

POPs waste must be destroyed or irreversibly transformed and must not be sent for recycling or mixed with other waste streams. The proposed condition provides clarity regarding the necessary storage of this waste.