The Pollution Prevention and Control (Public Participation etc.) (Scotland) Regulations 2005
2005 No. 510
ENVIRONMENTAL PROTECTION
The Pollution Prevention and Control (Public Participation etc.) (Scotland) Regulations 2005
Made 13th October 2005
Laid before the Scottish Parliament 14th October 2005
Coming into force 16th November 2005
The Scottish Ministers, in exercise of the powers conferred by section 2 of the Pollution Prevention and Control Act 19991and of all other powers enabling them in that behalf, having, in accordance with subsection (4) of that section, consulted the Scottish Environment Protection Agency, such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively and such other bodies and persons as they consider appropriate, hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Pollution Prevention and Control (Public Participation etc.) (Scotland) Regulations 2005 and shall come into force on 16th November 2005.
Amendment to the Pollution Prevention and Control (Scotland) Regulations 2000
2. The Pollution Prevention and Control (Scotland) Regulations 20002shall be amended in accordance with regulations 3 to 10.
3. In regulation 4 (fit and proper person)–
(a) in paragraph (5)(b) insert at the beginning “subject to paragraph (7)”; and
(b) after paragraph (6) insert–
“7 Notwithstanding paragraph (5)(b), where–
(a) an application has been made for a permit under regulation 7 to authorise activities to be carried on at a site–
(i) involving the disposal of waste falling within Section 5.3 of Part 1 of Schedule 1, the recovery of waste falling within paragraphs (c)(i), (v), (vi) or (vii) of Part A of Section 5.4 of that Part of that Schedule or the disposal of waste in a waste incineration installation; and
(ii) which is under the management of the applicant;
(b) the applicant has also applied to the Waste Management Industry Training and Advisory Board for a certificate of technical competence in relation to those activities; and
(c) SEPA is satisfied that the applicant would be technically competent to carry out those activities,
then the applicant shall be treated as a technically competent person for the purposes of paragraph (3)(d) and SEPA may grant a permit subject to the condition that that person obtains the relevant certificate of technical competence in respect of those activities within 2 years of the grant of the permit.”.
4. In regulation 17(8) (revocation of permits) after “installation”, insert “or mobile plant”.
5. After regulation 22 (appeals to the Scottish Ministers), insert–
“22A. Any non-governmental organisation promoting environmental protection and meeting any requirements under the law shall be deemed to have an interest for the purposes of Article 15a(a) of the IPPC Directive and rights capable of being impaired for the purposes of Article 15a(b) of that Directive.”.
6. In Schedule 1 (activities and installations and mobile plant)–
(a) in Chapter 1 (energy industries), for section 5.4 (recovery activities) substitute3–
“Recovery activities
Section 5.4. PART A
(a) Unless carried on as part of an activity falling within any description in Part A or Part B of section 6.4 of Chapter 6 or Part B of Chapter 7 of this Schedule, recovering by distillation any oil or organic solvent.
(b) Cleaning or regenerating carbon, charcoal or ion exchange resins by removing matter which is, or includes, any substance listed in paragraphs 12 to 14 of Part 2 of this Schedule.
(c) Unless part of a Part A activity described in another Chapter of this Schedule, recovery activities (within the meaning of Council Directive 91/689/EEC)4involving hazardous waste in excess of 10 tonnes per day and falling within the following descriptions:–
(i) using waste principally as a fuel or other means to generate energy (R1);
(ii) recycling/reclamation of inorganic materials other than metals and metal compounds (R5);
(iii) regeneration of acids or bases (R6);
(iv) recovery of components from catalysts (R8);
(v) oil refining or other reuses of oil (R9);
(vi) solvent reclamation/regeneration (R2);
(vii) recovering components used for pollution abatement (R7).
Interpretation of Part A
(1) Except where the activity involves distilling more than 10 tonnes per day, nothing in paragraphs (a) or (b) of this Part applies to–
(a)
(a) distilling oil for the production or cleaning of vacuum pump oil; or
(b)
(b) an activity which is ancillary and related to another activity, whether described in this Schedule or not, which involves the production or use of the substance which is recovered, cleaned or regenerated.
(2) Nothing in this Part applies to the treatment of waste soil by means of mobile plant for the treatment of contaminated material, substances or products for the purpose of remedial action with respect to land or controlled waters.
(3) The reference to a paragraph number in brackets at the end of paragraph (c)(i) to (vii) of this Part is to the number of the corresponding paragraph in Annex IIB to the Waste Directive (recovery operations).
PART B
NIL”;
(b) in Chapter 7, section 7 (SED activities)5, in the definition of vehicle coating, insert at the end of paragraph (e)6–
“,
but not where the activity is carried out as part of the repair, conservation or decoration of those vehicles referred to in (a) to (e) above outside of manufacturing installations;”.
7. In Schedule 3 (prescribed dates and transitional arrangements)–
(a) in paragraph 5, after sub-paragraph (3)7, insert–
“4 In this paragraph, “existing Part A installation or Part A mobile plant” means any Part A installation or Part A mobile plant which is in operation whether or not already subject to a relevant authorisation.”;
(b) in paragraph 6, after “of this Schedule”, insert “, unless the context otherwise requires”;
(c) in paragraph 9, for sub-paragraph (2A)8, substitute–
“2A An operator of an existing Part B installation may with the consent of SEPA make an application for a permit before the date on which an application would otherwise be deemed to have been made under sub-paragraph (3), whether or not already subject to an authorisation under Part I of the Environmental Protection Act 19909.”; and
(d) for paragraph 2310substitute–
“23. Without prejudice to any other power it may have to vary or revoke an authorisation, licence or permit under any enactment, SEPA may, at any time, issue a variation or revocation notice under this paragraph in consequence of a request or application as mentioned in paragraph 22.”.
8. In Schedule 4 (grant of permits)–
(a) in paragraph 1(1), after paragraph (o), insert–
“(oa)
“(oa) in the case of an application for a permit to operate a Part A installation, an outline of the main alternatives, if any, studied by the applicant;”;
(b) in paragraph 6(e), after “where”, insert “, and in the case of an application for a permit to operate a Part A installation, how and at what times”;
(c) after paragraph 6, insert–
“6A. In the case of an application for a permit to operate a new Part A installation, the advertisement required by paragraph 5 shall, in addition to the information required by paragraph 6–
(a) explain that the particulars of the application contained in the register specified in paragraph 6(e) include a description of the elements listed in paragraph 1(1); and
(b) where applicable, state that the determination of the application is subject to a national or transboundary environmental impact assessment or to consultations between Member States in accordance with paragraph 17.”;
(d) in paragraph 7, for “paragraphs 1 and 6” substitute “paragraphs 1, 6 and, where applicable, 6A”;
(e) in paragraph 12(2), at the end of paragraph (b), insert–
“; and
(c)
(c) in the case of all persons, the period of 28 days beginning with the date on which the draft determination is advertised pursuant to paragraph 5 or 15B.”;
(f) in paragraph 15, for sub-paragraph (1) substitute–
“1 Except in a case where an application has been referred to the Scottish Ministers under paragraph 14 and subject to paragraph 18, SEPA shall give notice of–
(a) its determination of an application for a permit; or
(b) in the case of an application for a permit to operate a new Part A installation, its draft determination,
within the period of 4 months beginning with the day on which it received the application or within such longer period as may be agreed with the applicant.”;
(g) after paragraph 15A11, insert–
“15B.—(1) SEPA shall–
(a)
(a) within a period of 3 days beginning with the date on which notice of a draft determination is given pursuant to paragraph 15(1)(b) advertise the notice on its web site or, if it considers it appropriate, by any other means; and
(b)
(b) take all relevant steps specified in the advertisement as falling to be carried out by SEPA, within the time-periods set out in that advertisement.
(2) In the case of a notice of a draft determination in respect of an application which has been forwarded by the Scottish Ministers to the Secretary of State for onward transmission to another Member State under paragraph 17, SEPA shall forward copies of the draft determination and of the advertisement made pursuant to this paragraph to the Scottish Ministers at the same time as the draft...
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