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The Waste Management Licensing Amendment (Scotland) Regulations 2006

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Regulation 9

SCHEDULE 2NEW SCHEDULE 3A TO THE WASTE MANAGEMENT LICENSING REGULATIONS 1994

This schedule has no associated Executive Note

Regulation 18(8)

SCHEDULE 3A

PART 1PLANS AND DOCUMENTS REQUIRED FOR REGISTRATION

Paragraph Number of Exempt activity in Schedule 3

Plans and documents required

7, 8, 9, 10, 12, 19, 42, 46 and 47

A plan of each place at which the exempt activity is to be carried on showing–

(a)

the boundaries of that place; and

(b)

the locations within that place at which the exempt activity is to be carried on.

7

1.  The notice shall include the following particulars–

(a)the establishment or undertaking’s name, address and telephone number, and, if applicable, its fax number and email address;

(b)a description of the waste to be used, its physical form and the process from which it arose;

(c)a description of where and how the waste will be stored pending the use;

(d)a description of the land which is to be treated with the waste, including its location as identified by reference to a map and a six figure Ordnance Survey grid reference, and its area, the area available for the treatment, the soil, crops grown or to be grown in the soil and all wastes used to treat the land in the previous six months;

(e)the method and intended date of treatment, the quantities of waste to be used and the rate of application;

(f)details of the benefit to agriculture or ecological improvement to be expected from the treatment, including any analysis of the waste or the soil, and management plans;

(g)the location of any part of the water environment within 15 metres of the land on which the waste is to be used; and

(h)the intended start and completion date of the storage or treatment.

2.  The notice shall be accompanied by the following documents–

(a)an analysis of the wastes to be used and the soil which is to be treated with them;

(b)an assessment of the risk of pollution caused by the use;

(c)a certificate describing how the treatment will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person who, in the opinion of the appropriate registration authority, has appropriate technical or professional expertise.

3.  Wastes shall be analysed in relation to the following parameters–

(a)percentage dry solids content;

(b)pH;

(c)conductivity (mS);

(d)total content of major nutrients and readily plant available ammonium-nitrogen with the results to be expressed on a fresh weight basis;

(e)biochemical oxygen demand and chemical oxygen demand;

(f)where the appropriate registration authority considers this to be appropriate, in relation to the types of waste whose codes are listed in the first column of Table 4C, the parameters ticked in the remaining columns of the Table; and

(g)such other parameters as the appropriate registration authority considers appropriate.

8

The notice shall include the following particulars–

(a)

the name, address and telephone number and, if applicable, the fax number and e-mail address of the establishment or undertaking that is to store or use the sludge and the establishment or undertaking supplying it;

(b)

the quantity of sludge to be stored or used and its origin;

(c)

how that sludge has been treated;

(d)

the location in which the sludge is to be stored or spread, including a description of any container or lagoon to be used;

(e)

the locations of any buildings, public rights of way, abstraction points or surface waters above Ordnance Datum which are situated within 400 metres of the boundaries of that place;

(f)

where sludge is to be used for treatment of the land, the notice shall be accompanied by a certificate describing how the activity will result in ecological improvement or as the case may be, enhancement of the growth of crops, which shall be prepared by or based on advice from a person who, in the opinion of the appropriate registration authority, has appropriate technical or professional expertise.

9

1.  The notice shall include the following particulars–

(a)the establishment or undertaking’s name, address and telephone number and, if applicable, its fax number and email address;

(b)where less than 2,500 cubic metres of waste are to be used, a description of the treatment, the type and quantity of waste to be used and the location of the treatment;

(c)where 2,500 or more cubic metres of waste are to be used–

(i)the total quantity of waste to be used;

(ii)the type of waste to be used, identified by reference to the descriptions in the second column of Table 2A;

(iii)the location of the land where the waste is to be used or stored, identified by reference to a map and a six figure Ordnance Survey grid reference, including the name, address, telephone number and, if applicable, the fax number and email address of the landowner;

(iv)a plan of the use with cross-sections showing the proposed levels of the land affected by the treatment;

(v)the intended start and completion date of the use or storage.

2.  Where any of the wastes listed in Part II of Table 2A is to be used, the notice shall be accompanied by a certificate describing how the activity will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person who, in the opinion of the appropriate registration authority, has appropriate technical or professional expertise.

10

The notice shall include the following particulars–

(a)

the establishment or undertaking’s name, address and telephone number and, if applicable, its fax number and e-mail address;

(b)

a description of the proposed activity;

(c)

a plan showing the location and specifications of any such impermeable pavements or drainage systems as are mentioned in paragraph 10.

12 where the activities involve more than 10 tonnes of waste per year

The notice shall include the following particulars–

(a)

the establishment or undertaking’s name, address and telephone number and, if applicable, its fax number and e-mail address;

(b)

the plan accompanying the notice given to the appropriate registration authority shall show locations of any buildings, public rights of way, abstraction points or surface waters above Ordnance Datum which are situated within 250 metres of the boundaries of that place;

(c)

the quantities and types of waste to be composted, identified by reference to the descriptions in the second column of Table 3B, and the expected duration of the composting;

(d)

where containment is to be provided as referred to in Table 3C, the method of containment.

19

The notice shall include the following particulars–

(a)

the establishment or undertaking’s name, address and telephone number, and, if applicable, its fax number and email address;

(b)

where less than 2,500 cubic metres of waste are to be stored or used, a description of the use, the type and quantity of waste to be stored or used and the location of the use;

(c)

where more than 2,500 cubic metres of waste are to be used for relevant work–

(i)

the total quantity of waste to be stored or used;

(ii)

the type of waste to be stored or used, identified by reference to the descriptions in the second column of Table 4B;

(iii)

the location of the land where the waste is to be stored or used, identified by reference to a map and a six figure Ordnance Survey grid reference, including the name, address, telephone number and, if applicable, the fax number and email address of the landowner;

(iv)

a plan of the use, with cross-sections showing the proposed final levels of the land affected by the use; and

(v)

the intended start and completion date of the storage or use.

42

The notice shall include the following particulars–

(a)

the establishment or undertaking’s name, address and telephone number and, if applicable, its fax number and e-mail address;

(b)

a description of the proposed activity; and

(c)

a description of how the biobed will be built and operated, based on principles which, in the opinion of SEPA, apply appropriate technical or professional expertise.

47

The notice shall include the following particulars–

(a)

the establishment or undertaking’s name, address and telephone number and, if applicable, its fax number and e-mail address; and

(b)

a description of the proposed activity.

TABLE 7

Parameter

Codes referred to in European Waste Catalogue

Neutralising Value

Micro-biology

Oils & Fats

Potential toxic elements

Prescribed substances *

Carbon/Nitrogen ratio

*ie. Substances prescribed in Schedule 6 to the Environmental (Prescribed Processes and Substances) Regulations 1991(1).

03 03 11,

03 03 99

02 01 99,

03 01 01,

03 01 05,

03 03 01

17 05 04,

20 02 02

02 02 03

02 03, 02 04,

02 05, 02 06,

02 07

03 03 09,

10 13

04, 10 01

99

02 01 03,

02 04 01,

19 05 03,

20 02 01

04 02 10,

04 02 15,

04 02 20,

04 02 21,

04 02 22

04 01 07

17 05 06,

19 06 03,

19 06 04,

19 06 05,

19 06 06

07 07 12
19 09 02
06 01 99

PART 2ASSESSMENT OF BENEFIT TO AGRICULTURE OR ECOLOGICAL IMPROVEMENT

1.  In assessing benefit to agriculture or ecological improvement for the purposes of paragraphs 7, 8, 9, 25 and 42 of Schedule 3 to these Regulations, regard shall be had to the following paragraphs of this Part of Schedule 3A.

2.  In assessing benefit to agriculture, regard shall be had to whether the use of the waste on the land will result in an improvement of the soil for the purpose of growing crops or grazing, and the following criteria shall apply for the purposes of such assessment–

(a)the addition of nitrogen, phosphorus and other plant nutrients in the waste material should take account of the soil nutrient status and other sources of nutrient supply and be matched to the needs of the planned crop rotation;

(b)the addition of total nitrogen attributable to the use of the waste on the land in any 12 month period must not exceed 250 kilograms per hectare, except in the case of the following wastes as listed in the European Waste Catalogue–

(i)soil from cleaning and washing beet (02 04 01);

(ii)soil (including excavated soil from contaminated sites), stones and dredging spoil consisting of soil and stones other than those containing dangerous substances (17 05 04);

(iii)dredging spoil other than those containing dangerous substances (17 05 06); and

(iv)garden and park wastes (including cemetery wastes) consisting of soil and stones (20 02 02);

(c)the addition of organic matter which improves the capacity of the soil to hold water, or its porosity, stability, tilth and workability and is a benefit;

(d)the addition of materials containing lime should take account of the neutralising value of the material, the pH of the soil and the target soil pH for the crop rotation;

(e)the spreading of watery wastes may be a benefit where the moisture of the soil is insufficient to support the growth of crops at the time of application, or where they contain nutrients which are applied at an appropriate rate;

(f)the spreading of waste soil may be a benefit where it is done in order to level uneven land and thereby facilitate the use of the land for agriculture, but not where it is done solely in order to raise the level of the land.

3.  In assessing ecological improvement, regard shall be had to the extent to which wildlife habitats which might otherwise deteriorate are maintained or supported. The creation of a new habitat, or the restoration of an old habitat, is regarded as an improvement.

(1)

S.I. 1991/472.

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