The Landfill (Scotland) Regulations 2003

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This Scottish Statutory Instrument supersedes S.S.I. 2003/208 and is being issued free of charge to all known recipients of that instrument.

"the 2000 Regulations" means the Pollution Prevention and Control (Scotland) Regulations 2000[4];

"biodegradable waste" means any waste that is capable of undergoing anaerobic or aerobic decomposition, such as food, garden waste, paper and cardboard.

"hazardous waste" means any waste as defined by Article 1(4) of Directive 91/689/EEC[5] on hazardous waste;

"holder" means the producer of waste or the person who is in possession of it;

"inert waste" means waste which-

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

    - 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

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

"isolated settlement" means a settlement -

(a) with no more than 500 inhabitants per municipality or settlement and no more than 5 inhabitants per square kilometre; and

(b) where the distance to the nearest urban agglomeration with at least 250 inhabitants per square kilometre is not less than 50km, or with difficult access by road to those nearest agglomerations, due to harsh meteorological conditions during a significant part of the year;

"landfill" means a landfill to which these Regulations apply (see regulations 3 and 4);

"landfill gas" means any gas generated from landfilled waste;

"landfill permit" means the permit which is required by the 2000 Regulations for the carrying out of the disposal of waste in a landfill;

"leachate" means any liquid percolating through deposited waste and emitted from or contained within a landfill;

"municipal waste" means waste from households as well as other waste which because of its nature or composition is similar to waste from households;

"non-hazardous waste" means waste which is not hazardous waste;

"operator" has the meaning given by regulation 2(1) of the 2000 Regulations;

"relevant authorisation" means, in relation to a landfill, the landfill permit or waste management licence for the time being in force in relation to the landfill;

"relevant waste acceptance criteria" means, in relation to a landfill, the waste acceptance criteria set out in Schedule 2 which apply to the class of landfill to which that landfill belongs;

"treatment" means physical, thermal, chemical or biological processes (including sorting) that change the characteristics of waste in order to reduce its volume or hazardous nature, facilitate its handling or enhance recovery;

"waste" means controlled waste within the meaning of section 75(4) of the Environmental Protection Act 1990[6];

"waste management licence" means a waste management licence within the meaning of Part II of the Environmental Protection Act 1990; and

other expressions which are also used in Directive 99/31/EC on the landfill of waste[7] shall have the same meaning as in that Directive.

    (2) In these Regulations, unless the context otherwise requires, any reference to-

(a) a numbered regulation or Schedule is a reference to the regulation in, or Schedule to, these Regulations bearing that number; and

(b) a numbered paragraph is a reference to the paragraph in that regulation or Schedule bearing that number in the regulation or Schedule of which that paragraph forms part.

Application of regulations
     3.  - (1) Subject to regulation 4, these Regulations apply to landfills.

    (2) Subject to paragraphs (3) and (4), for the purposes of this regulation a landfill is a waste disposal site for the deposit of the waste onto or into land.

    (3) Landfills include-

(a) subject to paragraph (4), any site which is used for more than a year for the temporary storage of waste; and

(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.

Cases where regulations do not apply
     4. These Regulations do not apply to-

(a) the spreading of sludges (including sewage sludges and sludges resulting from dredging operations) and similar matter on the soil for the purposes of fertilisation or improvement;

(b) the use of suitable inert waste for redevelopment, restoration and filling-in work or for construction purposes;

(c) the deposit of-


(i) non-hazardous dredging sludges alongside the bank or towpath of a small waterway from which they have been dredged where that activity falls within the exemption from waste management licensing in paragraph 25 of Schedule 3 to the Waste Management Licensing Regulations 1994[8];

(ii) non-hazardous sludges in surface waters, including the bed and its sub-soil;



(d) any landfill which finally ceased to accept waste for deposit before 16th July 2001.

Location
     5. A planning permission under the Town and Country Planning (Scotland) Act 1997[9] may be granted for a landfill only if the requirements of paragraph 1(1) of Schedule 3 to these Regulations have been taken into consideration.

Exemptions from certain provisions of regulations
     6. The provisions of these Regulations specified in Schedule 1 shall not apply to-

(a) a landfill site on an island which on the date these Regulations come into force has remaining landfill capacity, and which-


(i) is the only landfill on the island;

(ii) is used exclusively for the disposal of waste generated on that island; and

(iii) is for non-hazardous or inert wastes with a total capacity not exceeding 15,000 tonnes or with an annual intake not exceeding 1,000 tonnes,



until the total capacity of that landfill site has been used; and

(b) a landfill site for non-hazardous or inert waste in isolated settlements provided that site is used for the disposal of waste generated only by that isolated settlement.

List of sites
     7. SEPA shall-

(a) prepare a list of all sites that fall within Regulation 6, no later than 16th April 2003 and send that list to Scottish Ministers; and

(b) for each site, by 16th July 2003 and thereafter at least annually, carry out visual inspections of waste at the point of deposit to ensure that only non-hazardous waste from the relevant island or isolated settlement is accepted at it.

Extension of categories of landfill subject to the 2000 Regulations etc.
     8.  - (1) In Part A of Section 5.2 of Part I of Schedule 1 to the 2000 Regulations (landfill and disposal to land)-

(a) at the beginning there is inserted "(a)"; and

(b) at the end there is inserted-


" (b) The disposal of waste in any other landfill to which the 2003 Regulations apply."

and shall ensure that the classification is stated in the landfill permit.

Conditions to be included in landfill permits
     10.  - (1) A landfill permit shall include conditions specifying the list of defined types, and the total quantity, of waste authorised to be deposited in the landfill.

    (2) A landfill permit shall also include appropriate conditions-

(a) specifying requirements for-


(i) preparations for the landfill, and the carrying out of, landfilling operations;

(ii) monitoring and control procedures, including contingency plans and indicator parameters as set out in paragraph 4 of Schedule 4;



(b) ensuring that the financial provision or its equivalent required by regulation 4(3)(b) of the 2000 Regulations[10] is maintained until the permit is surrendered in accordance with those Regulations;

(c) ensuring that the landfill is operated in such a manner that the necessary measures are taken to prevent accidents and to limit their consequences; and

(d) requiring the operator to report to SEPA, at such period as SEPA may require, and in any event annually-



(i) the types and quantities of waste disposed of; and

(ii) the results of the monitoring programme required by regulations 16 and 17.

    (3) A landfill permit shall also include-

(a) appropriate conditions for ensuring compliance with the requirements of the following provisions of these Regulations-


(i) Schedule 3 (general requirements for all landfills);

(ii) regulation 11 (prohibition of acceptance of certain wastes at landfills);

(iii) regulation 12 (waste which may be accepted in the different classes of landfill);

(iv) regulation 13 (costs of disposal of waste in landfills);

(v) regulation 14 (waste acceptance procedures);

(vi) regulation 15 (initial site inspections by SEPA);

(vii) regulation 16 (control and monitoring of operational landfill sites); and

(viii) regulation 17 (closure and after care procedures for landfills); and



(b) such other conditions as appear appropriate to SEPA, including in particular conditions giving effect to-



(i) any requirement imposed by Community or national legislation; and

(ii) in the case of landfills falling within paragraph (a) of Part A of Section 5.2 of Part 1 of Schedule 1 to the 2000 Regulations, the principle that energy should be used efficiently.

    (4) The provisions of these Regulations mentioned in paragraph (3)(a) above impose obligations directly on an operator of a landfill (rather than through the conditions of a landfill permit) only to the extent specified in paragraph 3 of Schedule 5.

Prohibition of acceptance of certain wastes at landfills
     11.  - (1) The operator of a landfill shall not accept any of the following types of waste at the landfill-

(a) any waste in liquid form (including waste waters but excluding sludge);

(b) waste which, in the conditions of landfill, is explosive, corrosive, oxidising, flammable or highly flammable;

(c) hospital and other clinical wastes which arise from medical or veterinary establishments and which are infectious;

(d) chemical substances arising from research and development or teaching activities, such as laboratory residues, which are new or not identified, and the effects of which on man or on the environment are not known;

(e) as from 16th July 2003, whole used tyres other than-


(i) tyres used as engineering material;

(ii) bicycle tyres; and

(iii) tyres with an outside diameter above 1400mm;



(f) as from 16th July 2006, shredded tyres other than-



(i) bicycle tyres; and

(ii) tyres with an outside diameter above 1400mm;



(g) any waste which does not fulfil the relevant waste acceptance criteria.

Waste which may be accepted in the different classes of landfill
     12.  - (1) The operator of a landfill shall ensure that the landfill is only used for landfilling waste which is subject to prior treatment unless-

(a) it is inert waste for which treatment is not technically feasible; or

(b) it is waste other than inert waste and treatment would not reduce its quantity or the hazards which it poses to human health or the environment.

    (4) Where hazardous waste of the type described in paragraph (3)(c) is disposed of at a landfill for non-hazardous waste, the operator shall ensure it is not deposited in cells used or intended to be used for the disposal of biodegradable non-hazardous waste.

    (5) The operator of a landfill for inert waste shall ensure that the landfill is only used for landfilling inert waste which meets the waste acceptance criteria in paragraphs 1 and 4 of Schedule 2.

Costs of disposal of waste in landfill
     13. The operator of a landfill shall ensure that the charges the operator makes for the disposal of waste in its landfill covers all of the following-

(a) the costs of setting up and operating the landfill;

(b) the costs of the financial provision required by regulation 4(3)(b) of the 2000 Regulations; and

(c) the estimated costs for the closure and after-care of the landfill site for a period of at least 30 years from its closure.

Waste acceptance procedures
     14.  - (1) The operator shall visually inspect the waste at the entrance to the landfill and at the point of the deposit and shall be satisfied that it conforms with the description provided in the documentation submitted by the holder.

    (2) The operator shall, in accordance with such procedures as are specified by SEPA, test waste to establish whether it corresponds to the description in the accompanying documents, and if representative samples are taken for analysis, the operator shall retain the samples and results of any analysis for at least one month.

    (3) The operator shall keep a register showing-

(a) the quantities of waste deposited;

(b) its characteristics;

(c) its origin;

(d) the date or dates of its delivery;

(e) the identity of the producer or, in the case of municipal waste, the collector; and

(f) in the case of hazardous waste, its precise location on the site.

    (4) The information required to be kept under paragraph (3) shall be made available to SEPA on request.

    (5) The operator on accepting each delivery of waste shall provide a written receipt to the person delivering it.

    (6) Where waste is not accepted at a landfill the operator shall inform SEPA of that fact as soon as reasonably possible, and in any event within 7 days.

Initial site inspections by SEPA
     15.  - (1) The operator of a landfill shall not commence disposal operations before SEPA has inspected the site in order to ensure that it complies with the relevant conditions of the landfill permit.

    (2) Nothing in paragraph (1) in any way reduces the obligations of the operator to comply with the conditions of the permit.

Control and monitoring of operational landfill sites
     16.  - (1) The following requirements shall apply to landfill sites from the start of the operational phase until definitive closure.

    (2) The operator shall carry out the control and monitoring procedures set out in Schedule 4.

    (3) Where the procedures required by paragraph (2) reveal any significant adverse environmental effects, the operator shall notify SEPA as soon as reasonably possible.

    (4) Where it receives a notification of significant adverse environmental effects in accordance with paragraph (3), SEPA shall determine the nature and timing of corrective measures that are necessary and shall require the operator to carry them out.

    (5) The operator shall report to SEPA on the basis of aggregated data-

(a) on its request; and

(b) in any event at least once a year,

is carried out by competent laboratories.

Closure and after care procedures for landfills
     17.  - (1) The following closure and after-care procedures shall apply to all landfill sites.

    (2) The procedures may relate to the closure of the whole of the landfill or part of it.

    (3) The closure procedure shall begin-

(a) when the relevant conditions specified in the landfill permit are satisfied;

(b) when SEPA approves the initiation of the closure procedure following a request from the operator; or

(c) by a reasoned decision of SEPA which shall be set out in a closure notice served on the operator by SEPA in accordance with Regulation 18.

    (6) Notwithstanding regulations 15 to 17 of the 2000 Regulations (requirements on surrender or revocation of permits), SEPA shall not accept any application for complete or partial surrender of the landfill permit, or revoke it in whole or in part, for as long as SEPA considers that the landfill (or the relevant part of it) is likely to cause a hazard to the environment.

    (7) The operator shall not be relieved from liability under the conditions of the landfill permit by reason of SEPA's approval of closure under paragraph (4)(b)(iii).

Closure Notices
     18.  - (1) Where SEPA has taken a reasoned decision under regulation 17(3)(c), it shall serve a closure notice under this regulation ("a closure notice") on the operator of the landfill.

    (2) A closure notice shall-

(a) state SEPA's reasons for requiring initiation of the closure procedure;

(b) specify the steps the operator is required to take to initiate the procedure;

(c) the period within which they must be taken; and

(d) the date after which waste may not be accepted on the site.

    (3) Where an offence under this regulation committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

    (4) Where the affairs of a body corporate are managed by its members, paragraph (3) applies in relation to the acts and defaults of a member in connection with that member's functions of management as if that member were a director of the body corporate.

    (5) Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.

Transitional Provisions
     20. Schedule 5 (which contains transitional provisions) has effect.

Amendments
     21. Schedule 6 (which makes amendments to other legislation) has effect.


ROSS FINNIE
A member of the Scottish Executive

St AndrewÕs House, Edinburgh
10th April 2003

(a) it is listed on the Hazardous Waste List of the European Waste Catalogue[11] or has similar characteristics to those so listed; and

(b) its total content or leachability-


(i) does not present a short term occupational risk or an environmental risk; and

(ii) would not prevent the stabilisation of the landfill within its projected lifetime taking account of its after care period following closure.

Additional criteria for acceptance of waste at landfills for non-hazardous waste
     3. Waste may only be accepted at a landfill for non-hazardous waste if it is-

(a) listed on the Hazardous Waste List of the European Waste Catalogue or has similar characteristics to those so listed and its deposit at the landfill otherwise meets the requirements of regulation 12(3)(c) and (4); or

(b) any other waste listed on the European Waste Catalogue or has similar characteristics to those so listed.

Additional criteria for acceptance of waste at landfills for inert waste
     4. Waste may only be accepted at a landfill for inert waste if it is listed in the following Table or it otherwise falls within the definition of inert waste in regulation 2(1).


Waste acceptable at landfills for inert waste

European Waste Catalogue Chapter	European Waste Catalogue Code	Description	Exclusions
10 - Wastes from thermal processes	10 11 03	Waste glass based fibrous materials
15 - Waste packaging; absorbents, wiping cloths, filter materials and protective clothing not otherwise specified	15 01 07	Glass packaging
17 - Construction and demolition wastes (including excavated soil from contaminated sites)	17 01 07 17 01 02 17 01 03 17 02 02 17 05 04	Concrete Bricks Tiles and ceramics Glass Soil and stones	Excluding topsoil, peat
20 - Municipal wastes (household waste and similar commercial, industrial and institutional wastes) including separately collected fractions	20 01 02 20 02 02	Glass Soil and stones	Excluding topsoil, peat

indicate that the landfill does not pose a serious environmental risk.

    (3) In this paragraph "nature protection zone" means land which has been notified under section 28 of the Wildlife and Countryside Act 1981[12] or a European site within the meaning of regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994[13].

Water control and leachate management
     2.  - (1) Subject to sub-paragraphs (2) and (3), appropriate arrangements shall be made having regard to the characteristics of the landfill and prevailing meteorological conditions in order to -

(a) control rainwater entering the landfill body;

(b) prevent surface water or groundwater from entering into landfilled waste;

(c) collect contaminated water and leachate and treat it to the appropriate standard so it can be discharged.

    (2) Arrangements need not be made in accordance with sub-paragraph (1)(c) if SEPA decides that the landfill poses no potential hazard to the environment in view of its location and the kinds of waste to be accepted at the landfill.

    (3) This paragraph does not apply to inert landfills.

Protection of soil and water and leachate collection and sealing systems
     3.  - (1) The landfill must be situated and designed so as to -

(a) provide the conditions for prevention of pollution of the soil, groundwater or surface water; and

(b) ensure efficient collection of leachate as and when required by paragraph 2.

    (2) Soil, groundwater and surface water is to be protected by the use of a geological barrier combined with-

(a) a bottom liner during the operational phase of the landfill; and

(b) a top liner following closure and during the after-care phase.

    (3) The geological barrier shall comply with the requirements of sub-paragraph (4) and shall also provide sufficient attenuation capacity to prevent a potential risk to soil and groundwater.

    (4) The landfill base and sides shall consist of a mineral layer which provides protection of soil, groundwater and surface water at least equivalent to that resulting from the following permeability and thickness requirements-

(a) in a landfill for hazardous waste: K 1.0 × 10^-9 metre/second: thickness ≥ 5 metres;

(b) in a landfill for non-hazardous waste: K 1.0 × 10^-9 metre/second: thickness ≥ 1 metre;

(c) in a landfill for inert waste: K 1.0 × 10^-7 metre/second: thickness ≥ 1 metre.

    (5) Where the geological barrier does not meet the requirements of sub-paragraph (4) naturally, it may be completed artificially and reinforced by other means giving equivalent protection, but in any such case a geological barrier established by artificial means must be at least 0.5 metres thick.

    (6) A leachate collection and sealing system to ensure that leachate accumulation at the base of the landfill is kept to a minimum must also be provided in any hazardous or non-hazardous landfill in accordance with the following table:


Leachate collection and bottom sealing

Landfill category	Non-hazardous	Hazardous
Artificial sealing liner	Required	Required
Drainage liner ≥ 0.5 metres	Required	Required

    (7) Where the potential hazards to the environment indicate that the prevention of leachate formation is necessary, surface sealing may be required taking account of the following guidelines:-

Landfill category	Non-hazardous	Hazardous
Gas drainage layer	Required	Not required
Artificial sealing liner	Not required	Required
Impermeable mineral layer	Required	Required
Drainage layer > 0.5 metres	Required	Required
Top soil cover > 1 metre	Required	Required

    (8) The requirements of sub-paragraphs (3) to (7) may be reduced to an appropriate extent if on the basis of an assessment of environmental risks, having regard in particular to Directive 80/68/EEC[14]-

(a) it has been decided in accordance with paragraph 2 that the collection and treatment of leachate is not necessary; or

(b) it is established that the landfill poses no potential hazard to soil, groundwater or surface water.

Gas control
     4.  - (1) Appropriate measures must be taken in order to control the accumulation and migration of landfill gas.

    (2) Landfill gas must be collected from all landfills receiving biodegradable waste and the landfill gas must be treated and, to the extent possible, used.

    (3) The collection, treatment and use of landfill gas under sub-paragraph (2) must be carried on in a manner which minimises damage to or deterioration of the environment and risk to human health.

    (4) Landfill gas which cannot be used to produce energy must be flared.

Nuisances and hazards
     5.  - (1) Measures must be taken to minimise the nuisances and hazards arising from the landfill in relation to-

(a) emissions of odours and dust;

(b) wind-blown materials;

(c) noise and traffic;

(d) birds, vermin and insects;

(e) formation of aerosols; and

(f) fires.

    (2) The landfill must be equipped so that dirt originating from the site is not dispersed onto public roads and the surrounding land.

Stability
     6.  - (1) The placement of waste must ensure stability of all the waste on the site, and associated structures, and in particular must avoid slippages.

    (2) Where an artificial barrier is used, the geological substratum must be sufficiently stable, taking into account the morphology of the landfill, to prevent settlement that may cause damage to the barrier.

Site security
     7.  - (1) The landfill must be secured to prevent free access to the site.

    (2) The gates of the landfill must be locked outside operating hours.

    (3) The system of control and access to each facility must contain a programme of measures to detect and discourage illegal dumping in the facility.