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The Pollution Prevention and Control (Scotland) Amendment Regulations 2005

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Regulation 8

SCHEDULE 1NEW PART 5 OF SCHEDULE 3 TO THE POLLUTION PREVENTION AND CONTROL (SCOTLAND) REGULATIONS 2000 (PRESCRIBED DATES AND TRANSITIONAL ARRANGEMENTS: PART A INSTALLATIONS AND MOBILE PLANT)

PART 5Existing Waste Incineration Installations

20.  An operator who operates an existing waste incineration installation in respect of which no application has been made by 31st March 2005 for:–

(a)a variation of the conditions of an authorisation under section 11 of the 1990 Act;

(b)a permit under regulation 7 of these Regulations; or

(c)a variation of the conditions of a permit under regulation 13 of these Regulations,

shall be presumed to have made notification to SEPA of the intention to cease incinerating waste in that installation before 28th December 2005.

21.  Whether or not a notification has been presumed to have been made under paragraph 20 in respect of an activity mentioned in paragraphs (a) to (e) of Part A of section 5.1 of Part 1 of Schedule 1 to these Regulations, the prescribed date for an existing waste incineration installation shall be 27th December 2005.

22.  Such a notification shall have effect as if:–

(a)in the case of an installation authorised, licensed or permitted to operate wholly as a waste incineration installation under–

(i)section 6 or 36 of the 1990 Act; or

(ii)regulation 6 of these Regulations,

a request for a revocation or surrender of the authorisation, licence or permit has been made under section 12 or 39 of that Act or, as the case may be, regulation 17 of these Regulations;

(b)in the case of an installation so authorised, licensed or permitted to operate partly as a waste incineration installation and partly for other purposes, an application for a variation of the authorisation, licence or permit has been made under section 11 or 37 of that Act or, as the case may be, regulation 13 of these Regulations, to remove conditions to the extent that they authorise, licence or permit the use of any part of the installation as an existing waste incineration installation on or after 28th December 2005.

23.  SEPA may issue a variation or revocation notice in consequence of a request or application as mentioned in paragraph 22.

24.  Any failure by the operator of an existing waste incineration installation to submit an application as mentioned in paragraph 20 by 31st March 2005 shall not constitute an offence under regulation 30(1)(b) or (d) of these Regulations.

25.  In this Part–

“existing waste incineration installation” shall have the same meaning as it has in regulation 2(1) of the Waste Incineration (Scotland) Regulations 2003(1); and

“the 1990 Act” means the Environmental Protection Act 1990(2).

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