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The Landfill (Scotland) Regulations 2003

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Conditions to be included in landfill permits

10.—(1) A landfill permit shall include conditions specifying the list of defined types, and the total quantity, of waste authorised to be deposited in the landfill.

(2) A landfill permit shall also include appropriate conditions–

(a)specifying requirements for–

(i)preparations for the landfill, and the carrying out of, landfilling operations;

(ii)monitoring and control procedures, including contingency plans and indicator parameters as set out in paragraph 4 of Schedule 4;

(b)ensuring that the financial provision or its equivalent required by regulation 4(3)(b) of the 2000 Regulations(1) is maintained until the permit is surrendered in accordance with those Regulations;

(c)ensuring that the landfill is operated in such a manner that the necessary measures are taken to prevent accidents and to limit their consequences; and

(d)requiring the operator to report to SEPA, at such period as SEPA may require, and in any event annually–

(i)the types and quantities of waste disposed of; and

(ii)the results of the monitoring programme required by regulations 16 and 17.

(3) A landfill permit shall also include–

(a)appropriate conditions for ensuring compliance with the requirements of the following provisions of these Regulations–

(i)Schedule 3 (general requirements for all landfills);

(ii)regulation 11 (prohibition of acceptance of certain wastes at landfills);

(iii)regulation 12 (waste which may be accepted in the different classes of landfill);

(iv)regulation 13 (costs of disposal of waste in landfills);

(v)regulation 14 (waste acceptance procedures);

(vi)regulation 15 (initial site inspections by SEPA);

(vii)regulation 16 (control and monitoring of operational landfill sites); and

(viii)regulation 17 (closure and after care procedures for landfills); and

(b)such other conditions as appear appropriate to SEPA, including in particular conditions giving effect to–

(i)any requirement imposed by Community or national legislation; and

(ii)in the case of landfills falling within paragraph (a) of Part A of Section 5.2 of Part 1 of Schedule 1 to the 2000 Regulations, the principle that energy should be used efficiently.

(4) The provisions of these Regulations mentioned in paragraph (3)(a) above impose obligations directly on an operator of a landfill (rather than through the conditions of a landfill permit) only to the extent specified in paragraph 3 of Schedule 5.

(1)

See paragraph 2(3) of Schedule 6 to these Regulations.

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