The Pollution Prevention and Control (Scotland) Regulations 2012

Permits: surrender of a Part A permit

48.—(1) The operator of a Part A installation may apply to SEPA to surrender all or part of a permit for the installation.

(2) An application must be accompanied by the permit and any prescribed fee.

(3) An application must provide—

(a) the telephone number, address and email address of the operator and (if different) a correspondence address,

(b) in the case of a partial surrender, a description of the part to be surrendered including a map or plan of the site,

(c) a report describing the condition of the site affected by the surrender (the “closure report”), identifying in particular any changes from the condition of the site as described in the—

(i) site report, and

(ii) where applicable, the baseline report,

(d) a description of the steps that have been taken to avoid pollution risks from the site, including any steps that have been taken to—

(i) return the site to a satisfactory state, and

(ii) remove, control, contain or reduce any relevant hazardous substance in soil and groundwater.

(4) SEPA may by notice—

(a) require the operator to provide further information in relation to the site as specified in the notice within the period so specified,

(b) treat the application as having been withdrawn if the information is not provided within that period.

(5) SEPA must determine an application within—

(a) the 3 month period beginning on the date of receipt of the application, or

(b) such longer period as SEPA and the operator may agree in writing.

(6) The 3 month period does not include any period beginning with the date on which notice under paragraph (4)(a) is served and ending on the date on which the information is provided.

(7) The operator may by notice to SEPA hold the application as being refused at the end the period provided for under paragraph (5) if SEPA have failed to make a determination within that period.

(8) SEPA must approve an application if it is satisfied that all appropriate measures have been taken to—

(a) avoid pollution risk resulting from the operation of the installation,

(b) return the site to a satisfactory state, taking into account the technical feasibility of the measures,

(c) remove, control, contain or reduce any relevant hazardous substance in soil or groundwater so that the site, taking into account its the current or approved future use, ceases to pose a significant risk to human health or the environment.

(9) SEPA must give notice of approval or rejection of the application to the operator (the “determination notice”).

(10) If the application is approved the permit (or part of the permit) ceases to have effect on the date specified in the determination notice.

(11) SEPA may vary a condition of the permit if it considers it necessary to do so as a result of approval of a partial surrender, and the condition as varied has effect on the date specified in the determination notice.

(12) In this regulation a reference to any relevant hazardous substance only includes such a substance that is in soil or groundwater as a result of the permitted activities.

(13) In this regulation—

“Part A installation” does not include that part of an installation where a relevant waste activity is carried out,

“pollution risk” includes—

(a)

subject to sub-paragraph (b), only those risks arising from the carrying out of an activity under the permit after the date of the permit,

(b)

in respect of a specified waste management activity, only those risks arising after the relevant date,

“relevant date” means—

(a)

where an activity was carried out under a waste management licence that ceased to have effect under section 35(11A) of the 1990 Act(1) on the date of the permit, the date of the licence, or

(b)

the date of the permit,

“relevant waste activity” means the incineration of non-hazardous waste—

(a)

in an incineration plant with a capacity of less than 1 tonne per hour, or

(b)

in a co-incineration plant, unless the incineration is carried out as part of any other Part A activity,

“waste management licence” has the same meaning as in section 35(12) of the 1990 Act, and includes a disposal licence which is treated as a site licence by virtue of section 77(2) of that Act.

(1)

1990 c.43. Section 35(11A) of the 1990 Act was inserted by S.S.I. 2000/323.