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The Waste Management Licensing Amendment (Scotland) Regulations 2003

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Amendment of the Waste Management Licensing Regulations 1994

9.  After Schedule 1 (information and evidence required in relation to an application for the surrender of a site licence), insert–

Regulation 4

SCHEDULE 1ACertificates of Technical Competence

1.  The qualifications required of a person if that person is to be regarded as technically competent for the purposes of section 74(3)(b) of the 1990 Act to manage a facility of a description listed in Table 1 are that that person must hold one of the certificates awarded by the Waste Management Industry Training and Advisory Board (“WAMITAB”)(1) the codes of which are specified in relation to that description of facility in that Table; and the certificates to which the codes refer are set out in Table 1A.

Table 1

NumberType of FacilityCertificate Code

Notes to Table 1:

  • The following certificates ceased to be awarded on 9th October 1997: A, B, C, N, O, Z, AA, BB, and CC.

  • The following certificates will cease to be awarded on 31st March 2003: D, E, F, P, Q, R, DD, EE, FF, GG and HH.

1Landfill site for hazardous wasteA, D, or G
2Landfill site for hazardous waste – single waste streamA, D, G or H
3Landfill site for non-hazardous wasteA, B, D, E, G or I
4Landfill site for non-hazardous waste – single waste streamA, B, D, E, G, H, I or J
5Landfill site for inert waste with a total capacity of greater than 50,000 cubic metresA, B, C, D, E, F, G, I or K
6Landfill site for insert waste with a total capacity of greater than 50,000 cubic metres – single waste streamA, B, C, D, E, F, G, H, I, J, K or L
7Closed landfill site for hazardous wasteA, D, G or M
8Closed landfill site for hazardous waste – single waste streamA, D, G, H or M
9Closed landfill site for non-hazardous wasteA, B, D, E, G, I or M
10Closed landfill site for non-hazardous waste – single waste streamA, B, D, E, G, H, I, J or M
11Closed landfill site for inert waste with a total capacity of greater than 50,000 cubic metresA, B, C, D, E, F, G, I, K or M
12Closed landfill site for inert waste with a total capacity of greater than 50,000 cubic metres – single waste streamA, B, C, D, E, F, G, H, I, J, K, L or M
13Treatment plant where hazardous waste is subjected to a chemical or physical processN, P or S
14Treatment plant where hazardous clinical waste is subject to a physical or chemical processN, P, S or Ss
15Treatment plant where hazardous waste is subjected to a chemical or physical process for the treatment of contaminated landN, P, S or T
16Treatment plant where non-hazardous waste is subjected to a chemical or physical processN, P, Q, S or U
17Treatment plant where non-hazardous waste is subjected to a composting processN, P, Q, S, U or W
18Treatment plant where non-hazardous waste is subjected to a chemical or physical process for the treatment of contaminated landN, P, Q, S, T, U or V
19Treatment plant where non-hazardous clinical waste is subjected to a chemical or physical processN, P, S, Ss or X
20Treatment plant where inert waste is subjected to a chemical or physical processN, O, P, Q, R, S, U or Y
21Transfer station for hazardous waste where the capacity of the facility is greater than 5 cubic metresZ, DD, or II
22Transfer station for hazardous clinical waste where the capacity of the facility is greater than 5 cubic metresZ, DD, II or JJ
23Transfer station for non-hazardous waste where the capacity of the facility is greater than 5 cubic metresZ, DD, EE, II or KK
24Transfer station for non-hazardous clinical waste where the capacity of the facility is greater than 5 cubic metresZ, DD, II, JJ or LL
25Transfer station for inert waste where the capacity is greater than 50 cubic metresZ, AA, DD, EE, FF, II, KK or MM
26Civic amenity site where the amount of waste accepted is 5000 tonnes per annum or lessZ, BB, DD, EE, GG, II, KK or NN
27Civic amenity site where the amount of waste accepted is greater than 5000 tonnes per annumZ, DD, EE, II or KK
28Site where waste is burned in an incinerator designed to incinerate waste at a rate of more than 50 kilograms per hour but less than 1 tonne per hourCC, HH or OO

Table 1A

CodeRelevant Certificate of Technical Competence
AManaging Landfill Operations: Special Waste (Level IV)
BManaging Landfill Operations: Biodegradable Waste (Level IV)
CLandfill Operations: Inert Waste (Level III)
DManaging Landfill Operations: Special Waste (Level 4)
EManaging Landfill Operations: Biodegradable Waste (Level 4)
FLandfill Operations: Inert Waste (Level 3)
GLevel 4 in Waste Management Operations – Managing Landfill Hazardous Waste
HLevel 4 in Waste Management Operations – Managing Landfill Hazardous Waste (Single Waste Stream)
ILevel 4 in Waste Management Operations – Managing Landfill Non-Hazardous Waste
JLevel 4 in Waste Management Operations – Managing Landfill Non-Hazardous Waste (Single Waste Stream)
KLevel 3 in Waste Management Operations – Inert Waste (Landfill)
LLevel 3 in Waste Management Operations – Inert Waste (Single Waste Stream)
MLevel 3 in Waste Management Operations – Closed Landfill
NManaging Treatment Operations: Special Waste (Level IV)
OTreatment Operations: Inert Waste (Level III)
PManaging Treatment Operations: Clinical or Special Waste (Level 4)
QManaging Treatment Operations: Biodegradable Waste (Level 4)
RTreatment Operations: Inert Waste (Level 3)
SLevel 4 in Waste Management Operations – Managing Treatment Hazardous Waste
SsLevel 4 in Waste Management Operations – Managing Treatment Hazardous Waste (Clinical)
TLevel 4 in Waste Management Operations – Managing Treatment Hazardous Waste (Remediation of Contaminated Land)
ULevel 4 in Waste Management Operations – Managing Treatment Non-Hazardous Waste
VLevel 4 in Waste Management Operations – Managing Treatment Non-Hazardous Waste (Remediation of Contaminated Land)
WLevel 4 in Waste Management Operations – Managing Treatment Non-Hazardous Waste (Composting)
XLevel 4 in Waste Management Operations – Managing Treatment Non-Hazardous Waste (Clinical)
YLevel 3 in Waste Management Operations – Inert Waste (Treatment)
ZManaging Transfer Operations: Special Waste (Level IV)
AATransfer Operations: Inert Waste (Level III)
BBCivic Amenity Site Operations (Level III)
CCManaging Incineration Operations: Special Waste (Level IV)
DDManaging Transfer Operations: Clinical or Special Waste (Level 4)
EEManaging Transfer Operations: Biodegradable Waste (Level 4)
FFTransfer Operations: Inert Waste (Level 3)
GGCivic Amenity Site Operations: (Level 3)
HHManaging Incinerator Operations: Special Waste (Level 4)
IILevel 4 in Waste Management Operations: Managing Transfer Hazardous Waste
JJLevel 4 in Waste Management Operations: Managing Transfer Hazardous Waste (Clinical)
KKLevel 4 in Waste Management Operations: Managing Transfer Non-Hazardous Waste
LLLevel 4 in Waste Management Operations: Managing Transfer Non-Hazardous Waste (Clinical)
MMLevel 3 in Waste Management Operations: Inert Waste (Transfer)
NNLevel 3 in Waste Management Operations: Civic Amenity Site
OOLevel 4 in Waste Management Operations: Managing Incineration

2.  In Table 1 above–

“civic amenity site” means a place provided under section 1 of the Refuse Disposal (Amenity) Act 1978(2) or by virtue of section 51(1)(b) of the 1990 Act;

“clinical waste” means–

(a)

any waste which consists wholly or partly of human or animal tissue, blood or other body fluids, excretions, drugs or other pharmaceutical products, swabs or dressings, or syringes, needles or other sharp instruments, being waste which unless rendered safe may prove hazardous to any person coming into contact with it; and

(b)

any waste arising from medical, nursing, dental, veterinary, pharmaceutical or similar practice, investigation, treatment, care, teaching or research, or the collection of blood for transfusion, being waste which may cause infection to any person coming into contact with it;

“closed landfill” means a landfill or a part thereof–

(a)

which ceased to accept waste before 16th July 2001; or

(b)

in relation to which SEPA has, pursuant to regulation 17(4)(b)(iii) of the Landfill (Scotland) Regulations 2003(3), notified the operator by notice in writing served on the operator that it approves the closure,

and in relation to a landfill site where sub-paragraph (a) or (b) applies to only part of the site, means that part of the site only;

“hazardous waste” means any waste as defined by Article 1(4) of Council Directive 91/689/EEC(4) on hazardous waste;

“inert waste” means 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)

its total leachability and pollutant content and the ecotoxicity of its leachate are insignificant and, in particular, do not endanger the quality of any surface water of groundwater;

“landfill site” means a waste disposal site for the deposit of waste onto or into land, including–

(a)

any site which is used for more than a year for the temporary storage of waste, and

(b)

any internal waste disposal site, that is to say a site where a producer of waste is carrying out its own waste disposal at the place of production,

but excluding–

(i)

any facility where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere;

(ii)

any site where waste is stored as a general rule for a period of less than three years prior to recovery or treatment; or

(iii)

any site where waste is stored prior to disposal for a period of less than one year ;

“non-hazardous waste” means waste which is not hazardous waste;

“single waste stream site” means a waste disposal site where the producer of all of the waste disposed of at that site is also the holder of the waste management licence or a permit granted under regulation 7 of the 2000 Regulations for that site; and

“transfer station” means a facility where waste is unloaded in order to permit its preparation for further transport for treatment, keeping or disposal elsewhere..

(1)

WAMITAB is a private law body which was set up in 1989 by the waste management industry.

(4)

O.J. No. L 377, 31.12.1991, p.20, as amended by Council Directive 94/31/EC (O.J. No. L 168, 2.7.1994, p.28).

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