The Waste Management Licensing Amendment (Scotland) Regulations 2003

Technical competence4

1

Subject to paragraphs (2) and (3) below and without prejudice to the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 20029, Schedule 1A has effect to prescribe for the purposes of section 74(3)(b) of the 1990 Act (management of activities to be in the hands of a technically competent person) the qualifications required of a person if that person is to be considered technically competent in relation to a facility of a type listed in Table 1 of that Schedule.

2

Paragraph (1) does not apply in relation to a facility which is used exclusively for the purpose of–

a

carrying on business as a metal dealer;

b

dismantling motor vehicles; or

c

the burial of dead domestic pets.

3

Where–

a

a person was technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to a facility immediately prior to 1st April 2003 (whether or not the management of the facility was in the hands of that person at that time); and

b

that person is required to obtain a new certificate in order to remain technically competent in relation to that facility as a result of the Waste Management Licensing Amendment (Scotland) Regulations 200310;

then, until 1st April 2005, that person shall be treated as technically competent in relation to that facility for the purposes of section 74(3)(b) of the 1990 Act.

6

It shall be the duty of SEPA to have regard to any guidance issued to it by the Scottish Ministers with respect to the discharge of its functions in relation to an exempt activity.

Registration obligations18A

1

The obligations described in paragraph (2) (“the registration obligations”) shall apply to establishments or undertakings whose particulars are entered into the register in relation to an exempt activity falling within paragraphs 7, 9 and 19 of Schedule 3, to the extent specified in paragraph (2).

2

a

At least 21 days written notice of the date on which the exempt activity is first to be carried on shall be given to SEPA unless this information was provided in the notice or renewal notice given under regulation 18;

b

Records shall be kept of the quantity, nature, origin, destination and method of recovery or disposal of all waste used in reliance of an exempt activity falling within the following descriptions–

i

paragraph 7; and

ii

paragraphs 9 and 19 where the volume of waste used exceeds 2,500 cubic metres.

c

Records kept under sub-paragraph (b) of this regulation shall be kept for a period of at least 2 years and shall be made available to SEPA on request.

3

A person who carries on an exempt activity in breach of the registration obligations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

SCHEDULE 1ACertificates of Technical Competence

Regulation 4

1

The qualifications required of a person if that person is to be regarded as technically competent for the purposes of section 74(3)(b) of the 1990 Act to manage a facility of a description listed in Table 1 are that that person must hold one of the certificates awarded by the Waste Management Industry Training and Advisory Board (“WAMITAB”)11 the codes of which are specified in relation to that description of facility in that Table; and the certificates to which the codes refer are set out in Table 1A.

Table 1

Number	Type of Facility	Certificate Code
1	Landfill site for hazardous waste	A, D, or G
2	Landfill site for hazardous waste – single waste stream	A, D, G or H
3	Landfill site for non-hazardous waste	A, B, D, E, G or I
4	Landfill site for non-hazardous waste – single waste stream	A, B, D, E, G, H, I or J
5	Landfill site for inert waste with a total capacity of greater than 50,000 cubic metres	A, B, C, D, E, F, G, I or K
6	Landfill site for insert waste with a total capacity of greater than 50,000 cubic metres – single waste stream	A, B, C, D, E, F, G, H, I, J, K or L
7	Closed landfill site for hazardous waste	A, D, G or M
8	Closed landfill site for hazardous waste – single waste stream	A, D, G, H or M
9	Closed landfill site for non-hazardous waste	A, B, D, E, G, I or M
10	Closed landfill site for non-hazardous waste – single waste stream	A, B, D, E, G, H, I, J or M
11	Closed landfill site for inert waste with a total capacity of greater than 50,000 cubic metres	A, B, C, D, E, F, G, I, K or M
12	Closed landfill site for inert waste with a total capacity of greater than 50,000 cubic metres – single waste stream	A, B, C, D, E, F, G, H, I, J, K, L or M
13	Treatment plant where hazardous waste is subjected to a chemical or physical process	N, P or S
14	Treatment plant where hazardous clinical waste is subject to a physical or chemical process	N, P, S or Ss
15	Treatment plant where hazardous waste is subjected to a chemical or physical process for the treatment of contaminated land	N, P, S or T
16	Treatment plant where non-hazardous waste is subjected to a chemical or physical process	N, P, Q, S or U
17	Treatment plant where non-hazardous waste is subjected to a composting process	N, P, Q, S, U or W
18	Treatment plant where non-hazardous waste is subjected to a chemical or physical process for the treatment of contaminated land	N, P, Q, S, T, U or V
19	Treatment plant where non-hazardous clinical waste is subjected to a chemical or physical process	N, P, S, Ss or X
20	Treatment plant where inert waste is subjected to a chemical or physical process	N, O, P, Q, R, S, U or Y
21	Transfer station for hazardous waste where the capacity of the facility is greater than 5 cubic metres	Z, DD, or II
22	Transfer station for hazardous clinical waste where the capacity of the facility is greater than 5 cubic metres	Z, DD, II or JJ
23	Transfer station for non-hazardous waste where the capacity of the facility is greater than 5 cubic metres	Z, DD, EE, II or KK
24	Transfer station for non-hazardous clinical waste where the capacity of the facility is greater than 5 cubic metres	Z, DD, II, JJ or LL
25	Transfer station for inert waste where the capacity is greater than 50 cubic metres	Z, AA, DD, EE, FF, II, KK or MM
26	Civic amenity site where the amount of waste accepted is 5000 tonnes per annum or less	Z, BB, DD, EE, GG, II, KK or NN
27	Civic amenity site where the amount of waste accepted is greater than 5000 tonnes per annum	Z, DD, EE, II or KK
28	Site where waste is burned in an incinerator designed to incinerate waste at a rate of more than 50 kilograms per hour but less than 1 tonne per hour	CC, HH or OO
Notes to Table 1: The following certificates ceased to be awarded on 9th October 1997: A, B, C, N, O, Z, AA, BB, and CC. The following certificates will cease to be awarded on 31st March 2003: D, E, F, P, Q, R, DD, EE, FF, GG and HH.

Table 1A

Code	Relevant Certificate of Technical Competence
A	Managing Landfill Operations: Special Waste (Level IV)
B	Managing Landfill Operations: Biodegradable Waste (Level IV)
C	Landfill Operations: Inert Waste (Level III)
D	Managing Landfill Operations: Special Waste (Level 4)
E	Managing Landfill Operations: Biodegradable Waste (Level 4)
F	Landfill Operations: Inert Waste (Level 3)
G	Level 4 in Waste Management Operations – Managing Landfill Hazardous Waste
H	Level 4 in Waste Management Operations – Managing Landfill Hazardous Waste (Single Waste Stream)
I	Level 4 in Waste Management Operations – Managing Landfill Non-Hazardous Waste
J	Level 4 in Waste Management Operations – Managing Landfill Non-Hazardous Waste (Single Waste Stream)
K	Level 3 in Waste Management Operations – Inert Waste (Landfill)
L	Level 3 in Waste Management Operations – Inert Waste (Single Waste Stream)
M	Level 3 in Waste Management Operations – Closed Landfill
N	Managing Treatment Operations: Special Waste (Level IV)
O	Treatment Operations: Inert Waste (Level III)
P	Managing Treatment Operations: Clinical or Special Waste (Level 4)
Q	Managing Treatment Operations: Biodegradable Waste (Level 4)
R	Treatment Operations: Inert Waste (Level 3)
S	Level 4 in Waste Management Operations – Managing Treatment Hazardous Waste
Ss	Level 4 in Waste Management Operations – Managing Treatment Hazardous Waste (Clinical)
T	Level 4 in Waste Management Operations – Managing Treatment Hazardous Waste (Remediation of Contaminated Land)
U	Level 4 in Waste Management Operations – Managing Treatment Non-Hazardous Waste
V	Level 4 in Waste Management Operations – Managing Treatment Non-Hazardous Waste (Remediation of Contaminated Land)
W	Level 4 in Waste Management Operations – Managing Treatment Non-Hazardous Waste (Composting)
X	Level 4 in Waste Management Operations – Managing Treatment Non-Hazardous Waste (Clinical)
Y	Level 3 in Waste Management Operations – Inert Waste (Treatment)
Z	Managing Transfer Operations: Special Waste (Level IV)
AA	Transfer Operations: Inert Waste (Level III)
BB	Civic Amenity Site Operations (Level III)
CC	Managing Incineration Operations: Special Waste (Level IV)
DD	Managing Transfer Operations: Clinical or Special Waste (Level 4)
EE	Managing Transfer Operations: Biodegradable Waste (Level 4)
FF	Transfer Operations: Inert Waste (Level 3)
GG	Civic Amenity Site Operations: (Level 3)
HH	Managing Incinerator Operations: Special Waste (Level 4)
II	Level 4 in Waste Management Operations: Managing Transfer Hazardous Waste
JJ	Level 4 in Waste Management Operations: Managing Transfer Hazardous Waste (Clinical)
KK	Level 4 in Waste Management Operations: Managing Transfer Non-Hazardous Waste
LL	Level 4 in Waste Management Operations: Managing Transfer Non-Hazardous Waste (Clinical)
MM	Level 3 in Waste Management Operations: Inert Waste (Transfer)
NN	Level 3 in Waste Management Operations: Civic Amenity Site
OO	Level 4 in Waste Management Operations: Managing Incineration

2

In Table 1 above–

• “civic amenity site” means a place provided under section 1 of the Refuse Disposal (Amenity) Act 197812 or by virtue of section 51(1)(b) of the 1990 Act;

• “clinical waste” means–

  1. a

     any waste which consists wholly or partly of human or animal tissue, blood or other body fluids, excretions, drugs or other pharmaceutical products, swabs or dressings, or syringes, needles or other sharp instruments, being waste which unless rendered safe may prove hazardous to any person coming into contact with it; and

  2. b

     any waste arising from medical, nursing, dental, veterinary, pharmaceutical or similar practice, investigation, treatment, care, teaching or research, or the collection of blood for transfusion, being waste which may cause infection to any person coming into contact with it;

• “closed landfill” means a landfill or a part thereof–

  1. a

     which ceased to accept waste before 16th July 2001; or

  2. b

     in relation to which SEPA has, pursuant to regulation 17(4)(b)(iii) of the Landfill (Scotland) Regulations 200313, notified the operator by notice in writing served on the operator that it approves the closure,

  and in relation to a landfill site where sub-paragraph (a) or (b) applies to only part of the site, means that part of the site only;

• “hazardous waste” means any waste as defined by Article 1(4) of Council Directive 91/689/EEC14 on hazardous waste;

• “inert waste” means waste which–

  1. a

     does not undergo any significant physical, chemical or biological transformations;

  2. b

     does not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm to human health; and

  3. c

     its total leachability and pollutant content and the ecotoxicity of its leachate are insignificant and, in particular, do not endanger the quality of any surface water of groundwater;

• “landfill site” means a waste disposal site for the deposit of waste onto or into land, including–

  1. a

     any site which is used for more than a year for the temporary storage of waste, and

  2. b

     any internal waste disposal site, that is to say a site where a producer of waste is carrying out its own waste disposal at the place of production,

  but excluding–

  1. i

     any facility where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere;

     1. ii

        any site where waste is stored as a general rule for a period of less than three years prior to recovery or treatment; or

     2. iii

        any site where waste is stored prior to disposal for a period of less than one year ;

• “non-hazardous waste” means waste which is not hazardous waste;

• “single waste stream site” means a waste disposal site where the producer of all of the waste disposed of at that site is also the holder of the waste management licence or a permit granted under regulation 7 of the 2000 Regulations for that site; and

• “transfer station” means a facility where waste is unloaded in order to permit its preparation for further transport for treatment, keeping or disposal elsewhere.

SCHEDULE 3A

Regulation 18(4C)

PART 1PLANS AND DOCUMENTS REQUIRED FOR REGISTRATION

Paragraph Number of Exempt activity in Schedule 3	Plans and documents required
7, 9 and 19	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 on which the waste 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 controlled waters 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 SEPA, 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; and f 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.

Table 4C

Codes	Parameter
	Neutralising value	Micro-biology	Oils and fats	Potential toxic elements	Prescribed substances *	Carbon/nitrogen ratio
03 03 05	✓			✓	✓	✓
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	✓			✓	✓
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				✓	✓

* substances prescribed in Schedule 6 to the Environmental Protection (Prescribed Process and Substances) Regulations 199120.

Paragraph Number of Exempt activity in Schedule 3	Plans and documents required
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 SEPA, has appropriate technical or professional expertise.
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 4AA; 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.

PART 2ASSESSMENT OF BENEFIT TO AGRICULTURE OR ECOLOGICAL IMPROVEMENT

1

In assessing benefit to agriculture or ecological improvement for the purposes of paragraphs 7 and 9 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 cemtery 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.