The Management of Extractive Waste (Scotland) Regulations 2010

Closure and after-closure procedures: duties of planning authority

26.—(1) Where an operator requests that a waste facility be regarded as finally closed, the planning authority shall without undue delay—

(a) carry out an on-site inspection;

(b) assess all reports provided by the operator; and

(c) where satisfied that the closure procedure has been carried out correctly—

(i) certify that the land affected by the waste facility has been rehabilitated;

(ii) communicate to the operator in writing its approval for closure of the facility; and

(iii) provide the operator with a written statement releasing that operator from obligations in respect of any financial guarantee required under regulation 15(1), other than any obligations under regulation 27 (after-closure procedures: duties of operator).

(2) The waste facility shall not be regarded as closed until the planning authority has communicated to the operator its approval of the closure of the waste facility, which communication shall in no way reduce the operator’s obligations under the conditions of the planning permission or otherwise in law.

(3) The planning authority shall determine the period of time the operator is to remain responsible, following the closure of a waste facility, for the maintenance, monitoring, control and corrective measures and in doing it so shall take into account the nature and duration of any hazard or potential hazard.

(4) Where it considers it appropriate, the planning authority may determine that it shall take over the responsibilities in paragraph (3) from the operator.

(5) The planning authority shall determine whether it is necessary for the operator to carry out any of the activities described in regulation 27(b) and if so shall notify the operator of what it has determined to be necessary.

(6) The planning authority shall determine whether the operator is to provide reports under regulation 27(f) and, if so, what the frequency of those reports is to be.