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The Waste (Scotland) Regulations 2012

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Citation, commencement and extent

1.—(1) These Regulations may be cited as the Waste (Scotland) Regulations 2012, and come into force on the day after the day on which they are made.

(2) These Regulations extend to Scotland only.

Amendment of the Environmental Protection Act 1990

2.—(1) The Environmental Protection Act 1990(1) is amended as follows.

(2) In section 29(5A) (preliminary)(2), after paragraph (b) insert—

(ba)“separate collection” means that waste is presented for collection, and collected, in a manner that ensures that—

(i)dry recyclable waste is kept separate from other waste;

(ii)waste from one dry waste stream is kept separate from waste in another such stream; and

(iii)food waste is kept separate from other waste;.

(3) In section 34(3) (duty of care etc. as respects waste)—

(a)in subsection (1)—

(i)for “carries, keeps, treats or disposes of” substitute “keeps or manages”;

(ii)after paragraph (aa) insert—

(ab)to prevent any contravention by any other person of subsection (2A), (2E), (2F), (2I) or (2K);; and

(iii)in paragraph (ba), for “this is separately collected” substitute “it is collected separately from other types of waste so as to facilitate a specific treatment,”;

(b)after subsection (2D) insert—

(2E) It shall, from 1st January 2014, be the duty of any person who produces controlled waste (other than an occupier of domestic property as respects household waste produced on the property) to take all reasonable steps to ensure the separate collection of dry recyclable waste.

(2F) It shall, from 1st January 2014, be the duty of any person who controls or manages a food business that produces controlled waste to take all reasonable steps to ensure the separate collection of food waste produced by the business.

(2G) The duty in subsection (2F) does not apply to food waste—

(a)produced on premises in a rural area;

(b)produced in the period beginning on 1st January 2014 and ending on 31st December 2015—

(i)on premises in use as a hospital (as defined in section 108 of the National Health Service (Scotland) Act 1978(4)); or

(ii)by a business that produces less than 50 kilograms of food waste a week;

(c)produced, on or after 1st January 2016, by a business that produces less than 5 kilograms of food waste a week;

(d)that includes catering waste that originates from means of transport operating internationally.

(2H) The duty in subsection (2F) may be departed from where food waste is mixed with other biodegradable waste to the extent that the mixed waste is presented for collection in a manner that ensures that the amount of food waste collected is not significantly less than would be the case were the wastes not mixed.

(2I) It shall be the duty of any person who transports controlled waste to collect and transport separately from other waste any waste presented—

(a)for collection in accordance with subsection (2E) or (2F);

(b)for collection in a receptacle provided under an arrangement made in accordance with section 45C(2) or (5).

(2J) The duties in subsection (2E) or (2I) may be departed from where dry recyclable waste is managed in such a manner as will ensure that—

(a)the amount of material recycled from the waste is not significantly less, and the quality of the material recycled is not significantly lower, than would be the case were there no departure from the duties; and

(b)the waste is not mixed with other waste that cannot be recycled.

(2K) It shall, from 1st January 2016, be the duty of any person who produces food waste (other than an occupier of domestic property as respects household waste, or an occupier of property in a rural area as respects food waste, produced on such properties) to ensure that food waste is not deposited in a public drain or sewer, or in a drain or sewer that connects to a public drain or sewer.

(2L) It shall be the duty of any person who produces or manages controlled waste, or who as a broker or dealer has control of such waste, to take all reasonable steps to—

(a)ensure that the waste meets any quality standard for the management of material included in the waste;

(b)ensure that the waste is managed in a manner that promotes high quality recycling; and

(c)prevent any contravention by another person of this subsection.;

(c)after subsection (4A), insert—

(4AB) In subsection (1)(c), a reference to a written description of the waste includes a description that is—

(a)transmitted by electronic means;

(b)received in legible form; and

(c)capable of being used for subsequent reference.;

(d)in subsection (4B), for the definition of “separately collected” substitute—

“business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(5) or any other public authority;

“drain”, “public drain”, “public sewer” and “sewer” have the same meanings as in section 59 of the Sewerage (Scotland) Act 1968(6);

“food business” means an undertaking, whether for profit or not, and whether public or private, carrying out any activity related to the processing, distribution, preparation or sale of food;

“rural area” means a remote small town, accessible rural area or remote rural area as described by reference to postcode units in table 2 of “Defining Rural Areas and Non-Rural Areas to support Zero Waste Policies”(7), published by the Scottish Government on 13th March 2012;;

(e)in subsection (5), for “the duty imposed by subsection (1)” substitute “a duty imposed by subsection (1), (2E), (2F), (2I), (2K) or (2L)”;

(f)in subsection (6)—

(i)after “fails” insert “without reasonable excuse”; and

(ii)for “or (2A)” substitute “, (2A), (2E), (2F), (2I), (2K) or (2L)”; and

(g)in subsection (7), for “duty imposed on them by subsection (1) above” substitute “duty imposed on them by subsection (1), (2E), (2F), (2I), (2K) or (2L)”.

(4) In section 45(8) (collection of controlled wastes)—

(a)in subsection (1)—

(i)at the end of paragraph (a), omit “and”; and

(ii)after paragraph (b), insert—

; and

(c)if requested by the occupier of premises in its area to collect from the premises dry recyclable waste or food waste presented for collection in accordance with section 34(2E) or (2F), to arrange for the collection of the waste.;

(b)after subsection (1), insert—

(1A) In subsection (1)(c), the reference to “dry recyclable waste or food waste” does not include—

(a)household waste; and

(b)food waste from premises in a rural area.; and

(c)for subsection (12), substitute—

(12) In this section—

“privy” means a latrine which has a moveable receptacle;

“cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings; and

“rural area” has the same meaning as in section 34(4B)..

(5) After section 45B(9) insert—

45C.    Separate collection of dry recyclable waste and food waste: Scotland

(1) This section applies to a waste collection authority whose area is in Scotland (an “authority”) when the authority is making an arrangement in accordance with section 45(1)(a).

(2) An authority must, from 1st January 2014, arrange for there to be provided to the occupier of every domestic property in its area such receptacles as will enable the separate collection of dry recyclable waste from the property.

(3) An authority need not arrange for a receptacle to be provided under subsection (2) if—

(a)the property is in a rural area, and the authority considers that the separate collection of dry recyclable waste from the property would not be environmentally or economically practicable; or

(b)the authority considers that dry recyclable waste if not presented in a receptacle will be deposited at a bring site.

(4) An authority, if satisfied that dry recyclable waste will not be mixed with other waste that cannot be recycled, need not comply with subsection (2) to the extent that it considers that the amount of material recycled from such waste in its area will not be significantly less, and the quality of the material recycled will not be significantly lower, than would be the case were the authority to comply.

(5) An authority must, from 1st January 2016, arrange for there to be provided to the occupier of every domestic property in its area (apart from a property in a rural area)—

(a)a receptacle which enables the separate collection of food waste from the property; or

(b)where an authority is satisfied that the amount of food waste that will be collected is not significantly less than would be collected in a receptacle provided under paragraph (a), a receptacle which enables the occupier to present food waste and other biodegradable waste for collection.

(6) An authority must, from 1st January 2014, take such steps as the authority considers reasonable to—

(a)promote separate collection (including the making of arrangements for the provision of a food waste receptacle); and

(b)promote recycling in any other manner.

(7) In this section—

“bring site” means any site (supervised or otherwise) where—

(a)

an occupier of domestic property can deposit dry recyclable waste produced on that property in receptacles for one or more dry waste streams; and

(b)

waste so deposited is collected and transported separately by an authorised person (for which see section 34(3));

“receptacle” has the same meaning as in section 46(10); and

“rural area” has the same meaning as in section 34(4B)..

(6) In section 46(2) (receptacles for household waste), for “waste which is to be recycled and waste which is not” substitute “dry recyclable waste, any dry waste stream, food waste, or any other waste which is to be recycled”.

(7) In section 75(10) (meaning of “waste”, etc.), after subsection (7) insert—

(7A) “Dry recyclable waste” means controlled waste that is—

(a)glass;

(b)metals;

(c)plastics;

(d)paper; or

(e)card (including cardboard),

and dry recyclable waste of the same type (such as glass) is referred to as a “dry waste stream”.

(7B) “Food waste” means controlled waste that was at any time food intended for human consumption (even if of no nutritional value), and includes biodegradable waste produced as consequence of the processing or preparation of food, but does not include drink..

Amendment of the Pollution Prevention and Control (Scotland) Regulations 2000

3.—(1) The Pollution Prevention and Control (Scotland) Regulations 2000(11) are amended as follows.

(2) In regulation 2 (general interpretation)—

(a)insert as the first definition—

“the 1990 Act” means the Environmental Protection Act 1990;; and

(b)in the definition of “hybrid permit” for “9, 9C, 9D, 9E, 9F” substitute “9 to 9G”.

(3) In regulation 7(2)(a) (permits: general provisions), for “9, 9C, 9D, 9E, 9F or” substitute “9 to 9G,”.

(4) After regulation 9 (conditions of permits: specific requirements) insert—

Conditions of permits: separately collected waste

9A.(1) Subject to regulation 10, SEPA shall ensure that any permit granted or varied on or after 1st January 2014—

(a)in respect of any activity falling within Schedule 1 Part 1 Chapter 5, or within Section 6.8 of Chapter 6, contains such conditions as it considers necessary to ensure that no separately collected waste is mixed with any other waste or any material, to the extent that mixing would hamper further recycling;

(b)authorising the incineration or co-incineration of waste contains such conditions as it considers necessary to ensure that no separately collected waste capable of being recycled is incinerated or co-incinerated (as the case may be).

(2) In this regulation, and in regulations 9B and 9F where used—

“co-incineration” and “incineration” have the same meanings as in Schedule 1 Part 1 Section 5.1;

“dry recyclable waste” has the same meaning as in section 75 of the 1990 Act; and

“separately collected waste” means waste which has been collected and transported in accordance with section 34(2I) of the 1990 Act.

Conditions of permits: incineration and co-incineration of metals and hard plastics

9B.  Subject to regulation 10, SEPA shall ensure that any permit granted or varied on or after 1st July 2012 authorising the incineration or co-incineration of municipal waste contains such conditions as it considers necessary to ensure where practicable that no waste including non-ferrous metals or hard plastics is incinerated or co-incinerated (as the case may be)..

(5) In regulation 9F (conditions of permits: incineration or co-incineration with energy recovery), omit paragraph (2).

(6) In regulation 10(2) (standard rules), for “9, 9C, 9D, 9E, or 9F” substitute “9 to 9G”.

(7) In regulation 10A(1) (standard rules; conditions of permit), for “9, 9C, 9D, 9E, or 9F” substitute “9 to 9G”.

(8) In regulation 13(1) and (4) (variation of permits), for “9, 9C, 9D, 9E, 9F,” substitute “9 to 9G”.

(9) In regulation 22(11) (appeals), for “9C, 9D, 9E, 9F,” substitute “9A to 9G”.

(10) In Schedule 3 (prescribed dates and transitional arrangements), in paragraph 25 omit from “; and” to the end.

(11) In Schedule 4 (grant of permits), Part 1 (applications for permits)—

(a)in paragraph 1B—

(i)in sub-paragraph (1)—

(aa)at the end of head (d), omit “and”; and

(bb)after head (e) insert—

(f)the plant will be equipped and operated in such a manner that no separately collected waste capable of being recycled is incinerated or co-incinerated (as the case may be); and

(g)the plant will be equipped and operated in such a manner as is practicable to ensure that no waste that includes non-ferrous metals or hard plastics is incinerated or co-incinerated (as the case may be).; and

(ii)for sub-paragraph (2) substitute—

(2) Sub-paragraph (1)—

(a)shall not apply to an existing installation in respect of which an application for a permit was duly made before 28th December 2004;

(b)head (f), shall not apply to an application for an installation intended to be operated before 1st January 2014;

(c)head (g), shall not apply to an application for an installation intended to be operated before 1st July 2012.

(3) In this paragraph “separately collected waste” means waste which has been collected and transported separately in accordance with section 34(2I) of the 1990 Act.; and

(b)in paragraph 8, for head (b) substitute—

(b)the carrying out of an activity falling within paragraphs (c)(ii), (d), (e) or (f) of Part B of Section 1.2 of Part 1 of Schedule 1 (unloading of petrol and motor vehicle refuelling activities at a service station);.

Amendment of the Landfill (Scotland) Regulations 2003

4.—(1) The Landfill (Scotland) Regulations 2003(12) are amended as follows.

(2) In regulation 11 (prohibition of acceptance of certain wastes at landfills)—

(a)in paragraph (1), after sub-paragraph (fa) insert—

(fb)as from 1st January 2014, waste which has been collected and transported in accordance with section 34(2I) of the Environmental Protection Act 1990;

(fc)as from 1st January 2021, biodegradable municipal waste;;

(b)in paragraph (3) before the definition of “corrosive” insert—

“biodegradable municipal waste” if it consists of municipal waste that is also biodegradable waste, but does not include waste—

(i)that is treated, and either—

(aa)respiration activity after a static respiration test is less than 10 milligrams of oxygen for each gram of dry material; or

(bb)dynamic respiration over one hour is less than 1000 milligrams of oxygen for each kilogram of volatile solids;

(ii)that is incinerated, and the total organic carbon content is less than 5%; and

(c)after paragraph (3) insert—

(4) In this regulation, a reference to the total organic carbon content of waste is a reference to the total amount of carbon bound in organic compounds in the waste..

Amendment of the Waste Management Licensing (Scotland) Regulations 2011

5.—(1) The Waste Management Licensing (Scotland) Regulations 2011(13) are amended as follows.

(2) After regulation 13 (conditions of site licences: incineration of waste industrial and automotive batteries), insert—

Conditions of waste management licences: separately collected wastes

13A.  A waste management licence that is granted or varied by the waste regulation authority on or after 1st January 2014 which authorises storage or treatment (or both) of waste must contain such conditions as the authority considers necessary to ensure that no waste collected and transported in accordance with section 34(2I) of the Environmental Protection Act 1990 is mixed with any other waste or any material, to the extent that mixing would hamper further recycling..

(3) In regulation 17 (exemptions from waste management licensing), after paragraph (4) insert—

(4A) In the case of an exempt activity involving the storage, treatment, recovery or disposal of waste by a person at a site other than the place at which the waste was produced, paragraph (1) applies only if that person ensures that no waste collected and transported in accordance with section 34(2I) of the Environmental Protection Act 1990 is mixed with any other waste or any material to the extent that mixing would hamper further recycling..

(4) In regulation 19(2) (exempt activities: registration requirement), for “the authority responsible for granting an authorisation under regulation 27 of the Animal By-Products (Scotland) Regulations 2003(14)” substitute—

the competent authority for the purposes of Article 18 of Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation)(15).

(5) In Schedule 1 (activities exempt from waste management licensing)—

(a)in paragraph 7(4), omit “the Animal By-Products (Scotland) Regulations 2003 and”;

(b)in paragraph 12, in the last entry of table 7, for “regulation 15 of the Animal By-Products (Scotland) Regulations 2003” substitute “Article 10 of and Annex V of Commission Regulation (EU) 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive(16)”;

(c)in paragraph 19(2), omit “the Animal By-Products (Scotland) Regulations 2003 and”; and

(d)in paragraph 23—

(i)in sub-paragraph (1), for “at a collection centre in accordance with an authorisation under regulation 27 of the Animal By-Products (Scotland) Regulations 2003 (in this paragraph, “the 2003 Regulations”)” substitute “authorised under regulation 8 of the Animal By-Products (Enforcement) (Scotland) Regulations 2011(17)”; and

(ii)for sub-paragraph (3), substitute—

(3) In this paragraph—

“animal by-products” has the same meaning as in Article 3 of Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation);

“collection centre” has the same meaning as in Annex 1 of Commission Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive..

(6) In Schedule 4 (waste framework directive) in Table 23, ninth row, second column, after “45,” insert “45C,”.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

16th May 2012

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