The Pollution Prevention and Control (Scotland) Regulations 2000

• (a) in sub-paragraph (a), after “Schedule 3” in sub-paragraph (i) insert “and carried out under an authorisation granted under Part I of the 1990 Act”;

• (b) after sub-paragraph (a) insert–

(aa) in the case of an exempt activity falling within– (i) paragraph 1A, 2A, 3 or 24 of Schedule 3 and carried out under a permit under the 2000 Regulations; (ii) paragraph 4 of Schedule 3 if it involves the coating or spraying of metal containers as or as part of an activity within Part B of Section 6.4 (coating activities and printing) of Part 1 of Schedule 1 to the 2000 Regulations and the activity is for the time being the subject of a permit granted under those Regulations, or if it involves storage related to that activity; or (iii) paragraph 12 of Schedule 3 if it involves the composting of biodegradable waste as or as part of an activity within paragraph (a) of Part B of Section 6.8 (treatment of animal and vegetable matter) of Part 1 of Schedule 1 to the 2000 Regulations, the compost is to be used for the purpose of cultivating mushrooms and the activity is for the time being the subject of a permit granted under those Regulations, or if it involves storage related to that activity, the Scottish Environment Protection Agency granting the permit under the 2000 Regulations authorising the exempt activity;

• (8) In regulation 20(2)(a), after “1990 Act” insert “a permit under the 2000 Regulations,”.

• (9) In Schedule 3–

• (a) after paragraph 1 insert–

(1A) (1) The use, under a permit under the 2000 Regulations, of waste glass as part of an activity within Part B of Section 3.3 (the manufacture of glass and glass fibre) of Part 1 of Schedule 1 to the 2000 Regulations if the total quantity of waste glass so used in that activity does not exceed 600,000 tonnes in any period of twelve months. (2) The storage, at the place where the activity is carried out, of any such waste which is intended to be so used.

• (b) after paragraph 2 insert–

(2A) (1) The operation, under a permit under the 2000 Regulations, of a scrap metal furnace with a design holding capacity of less than 25 tonnes to the extent that it is or forms part of an activity within paragraph (a) or (d) of Part B of Section 2.1 (ferrous metals) or paragraph (a) or (b) of Part B of Section 2.2 (non-ferrous metals) of Part 1 of Schedule 1 to the 2000 Regulations. (2) The loading or unloading of such a furnace in connection with its operation in a manner covered by the exemption conferred by sub-paragraph (1). (3) The storage, at the place where such a furnace is located (but not in cases where that place is used for carrying on business as a scrap metal dealer) of scrap metal intended to be submitted to an operation covered by the exemption conferred by sub-paragraph (1).

• (c) in paragraph 3(a), after “the 1990 Act” insert “or a permit under the 2000 Regulations” and after “1991 Regulations” insert “or an activity within Part B of any Section of Part 1 of Schedule 1 to the 2000 Regulations”;

• (d) in paragraph 3(d), after “1990 Act” insert “or a permit under the 2000 Regulations” and after “1991 Regulations” insert “or an activity within Part B of Section 1.1 of Part 1 of Schedule 1 to the 2000 Regulations”;

• (e) in paragraph 24(1), after “1991 Regulations” insert “or under a permit under the 2000 Regulations, to the extent that it is or forms part of an activity within paragraph (a) of Part B of Section 3.5 (other mineral activities) of Part 1 of Schedule 1 to the 2000 Regulations”;

• (f) in paragraph 29(1), after “1991 Regulations” insert “or an exempt incineration plant for the purposes of Section 5.1 of Part 1 of Schedule 1 to the 2000 Regulations”;

• (g) in paragraph 44(3), after “1991 Regulations” insert–

or an activity described in Section 2.1 (other than in paragraph (d) of Part B) of Part 1 of Schedule 1 to the 2000 Regulations

• (h) in paragraph 44(4), after “1991 Regulations” insert–

or an activity described in Part A of Section 2.2 of Part 1 of Schedule 1 to the 2000 Regulations

• (i) in paragraph 45(2)(a) after “1990 Act” insert “or a permit under the 2000 Regulations”.

• (10) In Schedule 4–

• (a) in paragraph 1, after “under Part I of the 1990 Act,” in the definition of “permit” insert “a permit under the 2000 Regulations,”;

• (b) after paragraph 2(4) insert–

(5) In a case where the recovery or disposal of waste is or forms part of an activity carried out at a Part B installation and requires a waste management licence, nothing in sub-paragraph (1) shall require a competent authority to discharge its functions under– (a) the 2000 Regulations for any purpose other than preventing or, where that is not practicable, reducing emissions into the air; (b) Part II of the 1990 Act for the purpose of preventing or reducing emissions into the air. (6) In sub-paragraph (5), “Part B installation” has the meaning given by regulation 2(1) of the 2000 Regulations.

• (c) in paragraph 3(1), at the end of Table 5 in sub-paragraph (1) insert–

The Conservation (Natural Habitats, &c.) Regulations 1994

12

After regulation 84 of the Conservation (Natural Habitats, &c.) Regulations 1994[^f00058] insert–

(84A) (1) Regulations 48 and 49 (requirement to consider effect on European site) apply in relation to the granting of a permit under the Pollution Prevention and Control (Scotland) Regulations 2000. (2) Where in such a case the competent authority consider that any adverse effects of the plan or project on the integrity of a European site would be avoided if the permit were subject to conditions, they may grant a permit, or cause a permit to be granted, subject to those conditions. (3) Regulations 50 and 51 (requirement to review existing decisions and consents, &c.) apply to any such permit as is mentioned in paragraph (1). (4) Where on the review of such a permit the competent authority consider that any adverse effects on the integrity of a European site of the carrying out or, as the case may be, the continuation of activities authorised by it would be avoided by a variation of the permit, they may vary it, or cause it to be varied, accordingly. (5) Where any question arises as to agreeing to a plan or project, of affirming a permit on review, under regulation 49 (considerations of overriding public interest), the competent authority shall refer the matter to the Scottish Ministers who shall determine the matter in accordance with that regulation and give directions to the authority accordingly.

The Special Waste Regulations 1996

13

• (1) In regulation 15 of the Special Waste Regulations 1996[^f00059] (registers)–

• (a) after paragraph (6) insert–

(6A) Where, by virtue of regulation 16(1)(ba) or (bb) of the 1994 Regulations, section 33(1)(a), (b) and (c) of the 1990 Act does not apply to any of the activities carried on at a site at which special waste is received, paragraph (5) shall have effect as if any reference to the surrender or revocation of a person’s waste management licence were a reference to the surrender or revocation of his permit under the Pollution Prevention and Control (Scotland) Regulations 2000 for the site in question.

• (b) in paragraph (7), after “paragraph (6)” insert “or (6A)”.

• (2) In regulation 17(2) (restrictions on mixing special waste) of those Regulations, in paragraph (a), after “1990 Act” insert “or under a permit granted under the Pollution Prevention and Control (Scotland) Regulations 2000”.

The Landfill Tax Regulations 1996

14

In regulation 33(4) of the Landfill Tax Regulations 1996[^f00060], after paragraph (g) insert–

(h) an enforcement notice served under regulation 19 of the Pollution Prevention and Control (Scotland) Regulations 2000; (i) a suspension notice served under regulation 20 of those Regulations; (j) an order under regulation 33 of those Regulations.

The Specified Risk Material Regulations 1997

15

• (1) The Specified Risk Material Regulations 1997[^f00061] have effect subject to the following amendments.

• (2) In regulations 24(9)(a)(i) and (b)(i), after “1990” insert “or a permit granted under the Pollution Prevention and Control (Scotland) Regulations 2000”.

• (3) In regulation 24(10), after “1990” insert “or the Pollution Prevention and Control (Scotland) Regulations 2000”.

• (4) In the second column of the table in Schedule 2, after “1990” in the entry corresponding to regulation 24(9) in the first column of that table insert “or authorised under the Pollution Prevention and Control (Scotland) Regulations 2000”.

The Groundwater Regulations 1998

16

• (1) The Groundwater Regulations 1998[^f00062] have effect subject to the following amendments.

• (2) In the definition of “authorisation” in regulation 1(3), omit “and” at the end of paragraph (c) and after paragraph (d) insert–

; and (e) a permit under the Pollution Prevention and Control (Scotland) Regulations 2000 in so far as it authorises the operation of a Part A installation or Part A mobile plant within the meaning of those Regulations;

• (3) After “(integrated pollution control)” in regulation 3 insert “and the Pollution Prevention and Control (Scotland) Regulations 2000”.

Contaminated Land (Scotland) Regulations 2000

17

• (1) The Contaminated Land (Scotland) Regulations 2000[^f00063] have effect subject to the following amendments.

• (2) In regulation 2–

• (a) after paragraph (1)(d) insert–

(da) land on which an activity has been or is being carried on in a Part A installation or by means of Part A mobile plant under a permit where the activity does not comprise solely things being done which are required by way of remediation;

• (b) after paragraph (3) insert–

(3A) In paragraph (1)(da) above, “Part A installation”, “Part A mobile plant” and “permit” have the same meaning as in the Pollution Prevention and Control (Scotland) Regulations 2000.

• (3) In paragraph 13 of Schedule 4–

• (a) after “section 78YB(1)” insert “or 78YB(2B)”;

• (b) in sub-paragraph (c), after “section 27” insert “or by means of enforcement action (within the meaning of section 78YB(2C)”.

Signed

SARAH BOYACK — A member of the Scottish Executive — 14th September 2000

Explanatory note

(This note is not part of the Regulations)

These Regulations are made under section 2 of the Pollution Prevention and Control Act 1999. They set out, for Scotland, a pollution control regime for the purpose of implementing the Integrated Pollution Prevention and Control Directive (Council Directive 96/61/EC) and for regulating other environmentally polluting activities not covered by the Directive.

The list of controlled activities and the type of pollution control The Regulations control the operation of any installation or mobile plant carrying out any of the activities listed in Part 1 of Schedule 1 to the Regulations. Installations or mobile plant used to carry out activities listed in Schedule 1 (Part A installations and mobile plant) are subject to integrated pollution control by SEPA.

Procedural and substantive requirements Part I of the Regulations (regulations 1 to 5) sets out general provisions. There are definitions in regulations 2 and 3. The other regulations in Part I deal with such general matters as the meaning of fit and proper person for the purposes of the Regulations and setting out the obligation to use best available techniques. Part II (regulations 6 to 17) deals with the need for a permit to operate an installation or mobile plant covered by the Regulations (regulation 6), the procedure for granting permits and the contents of permits (regulations 7 to 11 and Schedules 4 and 5), and the treatment of permits once granted (regulations 12 to 17 and Schedule 7). The basic requirement for the content of permits (regulation 9) is to impose emission limit values based on the best available techniques. Schedule 6 sets out the compensation provisions applicable where a person is required under regulation 9 to allow an operator of an installation or Part A mobile plant to carry out work on that person’s land. Regulation 10 enables the Scottish Ministers to make general binding rules containing requirements which may apply instead of conditions included in permits. Regulations 11 and 13 to 17 and Schedule 7 deal with the review, variation, transfer, surrender and revocation of permits. Regulation 12 requires an operator of a permitted installation to give SEPA notice of any proposed change in the operation of that installation. Part III (regulations 18 to 21) contains the enforcement powers under the Regulations. Part IV (regulation 22) and Schedule 8 provide for appeals. Part V (regulations 23 to 25) enables the Scottish Ministers to give directions and guidance to SEPA and to make plans relating to emissions. Part VI (regulations 26 to 29) deals with information and publicity. Part VII (regulations 30 to 33) sets out offences for contraventions of the Regulations and provides for enforcement by the Court of Session and the admissibility of evidence. Part VIII and Schedule 10 deal with the consequential amendments required by the introduction of the pollution control regimes in the Regulations.

Transitional provisions Schedule 3 sets out the transitional provisions for bringing installations and mobile plant under the control of the Regulations. Installations and mobile plant will be phased into the Regulations over an eight year period. These Regulations will supersede the controls in Part I of the Environmental Protection Act 1990 Act and, consequently, that Part of that Act will in due course be repealed. A regulatory impact assessment has been prepared and copies can be obtained from the Environmental Protection Unit, Scottish Executive, Victoria Quay, Edinburgh, EH6 6QQ. A copy has been placed in the library of the Parliament. Copies of the British Standard ‘Laboratory fume cupboards’ (BS72548 : Part I : 1990), referred to in paragraph 6 of Part 2 of Schedule 1 to the Regulations and BS4256 1972 referred to in paragraph 3(1) of Part 1 of Schedule 4 to the Regulations, can be obtained from any of the sales outlets operated by the British Standards Institution or by post from the British Standards Institution at Standards House, 389 Chiswick High Road, London W4 4AL.

Footnotes

[^f00001]: 1999 c. 24. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46), as read with section 5(3) of the said Act of 1999.

[^f00002]: O.J. No. L 257, 10.10.96, p.26.

[^f00003]: O.J. No. L 246, 17.9.80, p.1, as amended by Council Directive 84/467/Euratom (O.J. L265, 5.10.84, p.4).

[^f00004]: O.J. No. L 117, 8.5.90, p.1.

[^f00005]: O.J. No. L 117, 8.5.90, p.15.

[^f00006]: 1990 c. 43; see regulation 3 of S.I. 1994/1056 (amended by S.I. 1994/1137).

[^f00007]: 1995 c. 25; the definition of “environmental licences” in section 56(1) of the 1995 Act, which defines that expression for the purposes of section 41 of that Act, is amended by paragraph 5(2) of Schedule 10 to these Regulations.

[^f00008]: 1997 c. 8.

[^f00009]: O.J. No. L 194, 25.7.75, p.39, as amended by Council Directives 91/156/EEC (O.J. No. L 78, 26.3.91, p.32) and 91/692/EEC (O.J. No. L 377, 31.12.91, p.48 and Commission Decision 96/350/EC (O.J. No. L 135, 6.6.96, p.32).

[^f00010]: 1990 c. 43; section 35(11A) is inserted by paragraph 3(4)(b) of Schedule 10 to these Regulations.

[^f00011]: 1995 c. 25.

[^f00012]: 1990 c. 43.

[^f00013]: See S.I. 1999/1750, Schedule 2.

[^f00014]: 1978 c. 30.

[^f00015]: S.I. 1991/507; that definition was added by S.I. 1996/2678.

[^f00016]: O.J. No. L 365, 31.12.94, p.24.

[^f00017]: O.J. No. L 377, 31.12.91, p.20.

[^f00018]: O.J. No. L 194, 25.7.75, p.23.

[^f00019]: O.J. No. L 194, 25.7.75 p.39; amended by Council Directives 91/156/EEC (O.J. No. L 78, 26.3.91 p.32) and 91/692/EEC (O.J. No. L 377, 31.12.91, p.48) and Commission Decision 96/350/EC (O.J. No. L 135, 6.6.96 p.32).

[^f00020]: O.J. No. L 307, 27.11.75, p.22.

[^f00021]: O.J. No. L 163, 14.6.89, p.32.

[^f00022]: O.J. No. L 203, 15.7.89, p.50.

[^f00023]: S.I. 1992/588.

[^f00024]: S.I. 1999/646.

[^f00025]: 1980 c. 44.

[^f00026]: 1990 c. 43.

[^f00027]: Section 6(6) is amended and section 6(6A) is inserted by paragraph 3(2) of Schedule 10 to these Regulations.

[^f00028]: 1985 c. 6; section 736 was substituted by section 144(1) of the Companies Act 1989 (c. 40).

[^f00029]: O.J. No. L 175, 5.7.85, p. 40 (as amended by Council Directive 97/11/EC (O.J. No. L 73, 14.3.97, p.5)).

[^f00030]: See section 1 of the Food Standards Act 1999 (c. 28).

[^f00031]: 1994 c. 39.

[^f00032]: S.I. 1994/2716.

[^f00033]: 1964 c. 40.

[^f00034]: 1965 c. 57; section 1 was amended by S.I. 1974/2056 and S.I. 1990/1918.

[^f00035]: S.I. 1999/743.

[^f00036]: See section 10 of the Health and Safety at Work etc. Act 1974 (c. 37).

[^f00037]: The Directive is extended to the European Economic Area by the decision of the EEA Joint Committee No. 27/97 of 30th April 1997 (O.J. L 242, 4.9.97, p.76).

[^f00038]: 1947 c. 42.

[^f00039]: 1963 c. 51. Section 12 was repealed in part by the Planning and Compensation Act 1991 (c. 34), Schedules 17 and 19.

[^f00040]: 1970 c. 35. Section 9 was amended by the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (2000 asp 5), section 31, Schedule 10, paragraph 32(6) and Schedule 11.

[^f00041]: Section 9 was amended by the Local Government, Planning and Land Act 1980 (c. 65), Schedule 33, paragraph 7(2).

[^f00042]: O.J. No. L 175, 5.7.85, p.40 (as amended by Council Directive 97/11/EC (O.J. No. L 73, 14.3.97 p.5)).

[^f00043]: 1973 c. 65; section 210 was amended by the Housing and Planning Act 1986 (c. 63), Schedule 11, paragraph 39.

[^f00044]: 1974 c. 40. Section 30I was inserted by the Environment Act 1995, Schedule 16, paragraph 2.

[^f00045]: Section 91A was inserted by the Finance Act 1990 (c. 29), section 78.

[^f00046]: 1990 c. 43.

[^f00047]: Section 78YB was inserted by section 57 of the Environment Act 1995 (c. 25).

[^f00048]: Section 79(10) was amended by paragraph 2(d) of Schedule 17 to the Environment Act 1995.

[^f00049]: 1993 c. 11.

[^f00050]: 1995 c. 25.

[^f00051]: 1996 c. 8.

[^f00052]: Section 43A was inserted by the Landfill Tax (Contaminated Land) Order 1996 (S.I. 1996/1529).

[^f00053]: S.I. 1990/2512.

[^f00054]: S.I. 1991/472; to which there are amendments not relevant to these Regulations.

[^f00055]: S.I. 1991/1624; Schedule 1 was amended by S.I. 1994/1137 and S.I. 1996/972.

[^f00056]: S.I. 1991/2839; to which there are amendments not relevant to these Regulations.

[^f00057]: S.I. 1994/1056; relevantly amended by S.I. 1995/288 and 1996/972.

[^f00058]: S.I. 1994/2716; to which there are amendments not relevant to these Regulations.

[^f00059]: S.I. 1996/972; to which there are amendments not relevant to these Regulations.

[^f00060]: S.I. 1996/1527.

[^f00061]: S.I. 1997/2965; to which there are amendments not relevant to these Regulations.

[^f00062]: S.I. 1998/2746.

[^f00063]: S.S.I. 2000/178.