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The Pollution Prevention and Control (Scotland) Regulations 2012

Draft Legislation:

This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Pollution Prevention and Control (Scotland) Regulations 2012 ISBN 978-0-11-101851-4

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2.—(1) This paragraph applies where an application relates to a change in operation of a Part A installation that will if approved—

(a)result in additional land being included in the site,

(b)result in the use of a substance on the site, or

(c)result in the use, production or release of a relevant hazardous substance on the site (including any such additional land).

(2) A site report is not required under paragraph (1) for additional land where the change relates to a solvents emissions activity, provided that no activity at the installation is described in Part 1 of Schedule 1.

(3) An application to which sub-paragraph (1)(a) or (b) applies must include a site report.

(4) An application to which sub-paragraph (1)(c) applies must include a baseline report.—

(5) An existing site report or baseline report may be amended to take account of any substance or relevant hazardous substance for the purposes of paragraph (1).

(6) SEPA may on request by the applicant waive the requirement in sub-paragraph (1)(c) for a baseline report, having regard for that purpose to the possibility of soil and groundwater contamination.

(7) In this paragraph—

(a)a reference to an activity includes a directly associated activity, and

(b)“Part A installation” has the same meaning as in regulation 48.

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