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4.0 APPENDICES

4.1 Appendix 1- Sample SEPA template for Small Scale End of Life Vehicle Storage Licence

CONTENTS

1 LICENCED ACTIVITIES
1.1 Waste Types, Quantities and Activities
1.2 Staffing and Management
1.3 Working Plan
2 SITE INFRASTRUCTURE AND OPERATIONS
2.1 Site Security
2.2 Reception of Waste Motor Vehicles
2.3 Storage of Waste Motor Vehicles
3 POLLUTION CONTROL
3.1 Litter
3.2 Burning
3.3 Leakages or Spills
3.4 Emissions to the Water Environment
4 RECORDS AND REPORTING
4.1 Site Licence
4.2 Commencement of Operations
4.3 Temporary Cessation of Operations
4.4 Permanent Cessation of Operations
4.5 Incident Procedures
4.6 Reporting of Relevant Offences
4.7 Waste Data Returns
5 ANNEX 1 - SITE PLAN
6 ANNEX 2 - LIST OF INFORMATION TO BE INCLUDED AND RECORDED IN THE WORKING PLAN
7 ANNEX 3 - LICENSED/PERMITTED SITE RETURN FORM

1 LICENCED ACTIVITIES

1.1 Activities, Waste Types and Quantities

1.1.1 The activity at the site shall be restricted to the keeping of waste.

1.1.2 Only waste motor vehicles shall be accepted at the site.

1.1.3 The number of waste motor vehicles stored on site at any one time shall not exceed <<10>> vehicles. The quantity of waste accepted at the site in any year shall not exceed <<X>> tonnes.

1.1.4 No waste shall be stored on site for longer than 12 months.

1.2 Staffing and Management

1.2.1 The site shall be staffed when open.

1.2.2 At least one technically competent person shall be responsible for supervising the site and shall be contactable by site staff and SEPA at all times during operational hours. The technically competent person shall visit the site at least once during every week the site is operational.

1.2.3 Any changes to the list of technically competent persons who may be in charge of the site shall be notified to SEPA within 2 working days.

1.3 Working Plan

1.3.1 All operations on site shall be carried out in accordance with the Working Plan. The Working Plan shall include the operational details and records listed in Annex 2. Where any licence condition conflicts with the Working Plan, the licence condition shall take precedence.

1.3.2 Any changes to the operational details of the Working Plan shall be submitted in writing to SEPA. Any proposed changes shall not be implemented until SEPA has given its written consent to the proposed changes. If SEPA does not give its written consent within 14 days of receipt of the proposed changes the request for changes shall be deemed accepted.

2 SITE INFRASTRUCTURE AND OPERATIONS

2.1 Site Security

2.1.1 The site shall be maintained in a secure condition to prevent unauthorised access.

2.2 Reception of Waste Motor Vehicles

2.2.1 On arrival at the site, all waste motor vehicles shall be:

a) immediately placed on an impermeable pavement; and

b) inspected by the Licence Holder for damage or leaks.

2.2.2 Any vehicle found to be leaking or at risk of leaking shall be removed from the site as soon as possible.

2.2.3 Vehicles shall not be treated or dismantled while on the site.

2.3 Storage of Waste Motor Vehicles

2.3.1 Vehicles shall remain on an impermeable pavement until removed from the site.

2.3.2 Impermeable pavements shall be constructed of concrete or similar material and be laid to a fall so as to direct pavement water run-off to a sealed drainage system and oil interceptor. The impermeable pavement shall be of such a design that any spillage on it or run-off from it is fully contained and cannot escape onto adjacent ground.

2.3.3 Vehicles shall be stored in such a manner as avoids damage to any component containing a fluid or fluids, any recoverable component or any spare part.

3 POLLUTION CONTROL

3.1 Litter

3.1.1 All site operations shall be carried out such that no litter escapes beyond the site boundary. On a daily basis any litter lying within the site shall be removed and contained.

3.2 Burning

3.2.1 No waste shall be burned within the boundaries of the site.

3.3 Leakages or Spills

3.3.1 Any spillages of waste or fluids shall be cleaned up immediately. Suitable spillage collection facilities including a supply of absorbent material, decanters and cleanser degreasers shall be kept on site to deal with any such spillages.

3.4 Emissions to the Water Environment

3.4.1 The licensed activities shall not have a significant adverse impact on, or cause pollution of, the water environment.

3.4.2 The discharge shall not cause:

a) a significant visible impact on surface waters due to the presence of <<oil or grease>>;

b) the significant deposition of solids on the <<banks, bed or shore>> of the receiving waters;

c) significant discolouration of the receiving waters;

d) significant increased foaming in the receiving waters; or

e) significant growth of Sewage Fungus in the receiving waters.

3.4.3 Any event involving one or more of the circumstances described in Condition <<3.4.2>> above shall be regarded as an "incident".

4 RECORDS AND REPORTING

4.1 Site Licence

4.1.1 A copy of the site licence, its conditions and the associated Working Plan shall be made available on the site when the site is in operation. The licence, its conditions and the details of the associated Working Plan shall be made known to all staff manning, or responsible for supervising, the site.

4.2 Commencement of Operations

4.2.1 SEPA shall be advised in writing of the date the site is to become operational and receive waste.

4.3 Temporary Cessation of Operations

4.3.1 Any temporary cessation of operations in excess of two weeks shall be notified to SEPA in writing.

4.4 Permanent Cessation of Operations

4.4.1 Written notice shall be given to SEPA of the designated date when the site shall cease operations permanently.

4.5 Incident Procedures

4.5.1 SEPA shall be informed as soon as reasonably practicable of any incident occurring on site. Immediate action shall be taken to deal with the incident. A written report shall be forwarded to SEPA within seven days of any such incident. This shall include the circumstances of the incident, the identity of any persons responsible or thought to be responsible for the incident and the actions taken by the Licence Holder.

4.6 Reporting of Relevant Offences

4..6.1 Where the Licence Holder or other relevant person has been convicted of an offence prescribed by Regulation 3 of The Waste Management Licensing Regulations 1994, the Licence Holder shall notify SEPA in writing within seven days of the conviction, whether or not the conviction is subsequently appealed.

4.7 Waste Data Returns

The Licence Holder shall compile the data required to complete "the Licensed/Permitted Site return form" detailed in Annex <<3>>. A copy of the completed form shall be returned to SEPA within 28 days of the last day of March, June, September and December each year.

ANNEX 1 - SITE PLAN

ANNEX 2 - LIST OF INFORMATION TO BE INCLUDED AND RECORDED IN THE WORKING PLAN

In accordance with Condition <<1.3.1>> the Site Working Plan shall contain the following information and records:

Operational Details

1. Name and contact information of Licence Holder

2. Hours of operation

3. List of Technically competent persons for the site (including copies of Certificates of Technical Competence)

4. Details of site security provided at the site

5. Operational procedures for:

a. Receiving waste motor vehicles,

b. Inspecting vehicles for damage or leaks

c. Removing waste motor vehicles from the site

d. Attending to spillages (including details of the absorbent material, decanters and cleanser degreasers kept on site)

6. Maintenance procedures (including planned frequency of maintenance) for:

a. impermeable areas

b. oil interceptor

c. fencing, walls and/or gates

7. Construction details (including "as built" drawings) of:

a. impermeable pavement(s) for the storage of waste motor vehicles

b. oil interceptor(s)

Records

1. Ongoing records of the following:

a. Dates of site visits by a technically competent person (including any instructions issued to staff regarding compliance with licence conditions)

b. Dates and details of maintenance carried out on impermeable areas, oil interceptor(s) and site security measures

c. Details of any incidents and remedial action taken

d. Details of any environmental problems specific to the site

ANNEX 3 - LICENSED/PERMITTED SITE RETURN FORM

INTERPRETATION OF TERMS

For the purposes of these Conditions, and unless the context requires otherwise, the following definitions shall apply:

"authorised SEPA officer" means any person who is authorised in writing under Section 108 of the Environment Act 1995 to carry out duties on behalf of SEPA;

"incident" means any of the following situations:

(a) Where an event occurs which has caused or may have the potential to cause pollution of the environment;

(b) Where any malfunction, breakdown, or failure of plant or techniques is detected which has caused or has the potential to cause pollution of the environment;

"pollution of the environment" has the same meaning as in section 29 of the Environmental Protection Act 1990;

"relevant person" has the same meaning as in section 74(7) of the Environmental Protection Act 1990;

"sealed drainage system" has the same meaning as in paragraph 45(7) of Schedule 3 of the Waste Management Licensing Regulations 1994;

" SEPA" means the Scottish Environment Protection Agency;

"the Act" means the Environmental Protection Act 1990;

"the Licence Holder" means the Licence Holder specified in the licence or other person to whom the licence has been transferred in accordance with section 40 of the Act. Except where specified otherwise, any reference to the Licence Holder shall include a reference to the Licence Holder's employees, agents or contractors;

"the operator" means a person who is in occupation of the site and has responsibility for carrying out day to day activities at the site;

"the site" is defined in the site licence;

"the site licence" is waste management licence <<Licence Number>> granted to the Licence Holder by SEPA;

"waste motor vehicle" has the same meaning as in regulation 2 of the End-of-Life Vehicles (Storage and Treatment)(Scotland) Regulations 2003;

"the water environment" means all surface water, groundwater and wetlands. "surface water", "groundwater" and "wetlands" shall have the same meanings as in The Water Environment and Water Services (Scotland) Act 2003;

"Working Plan" means the document(s) identified as the Working Plan in writing by SEPA at the time of grant of the licence and any subsequent changes to that Working Plan made in accordance with the conditions of the licence;

Where any Licence Condition requires information to be reported, "in writing", it may be submitted either by providing two hard copies to the postal address or electronically to the e-mail address specified in the explanatory notes attached to this Licence.

Any reference to a group of Conditions, numbered Condition, Schedule, Table, Annex, Figure or Paragraph is a reference to a group of Conditions, numbered Condition, Schedule, Table, Annex, Figure or Paragraph bearing that number in these Conditions;

Except where specified otherwise in these Conditions:

• "day" means any period of 24 consecutive hours,
• "week" means a period of 7 consecutive days,
• "month" means a calendar month,
• "year" means any period of 12 consecutive months,

and any derived words (eg, "monthly", "quarterly") shall be interpreted accordingly.

Except where specified otherwise, any reference to an enactment or statutory instrument includes a reference to it as amended (whether before or after the date of the Conditions) and to any other enactment, which may, after the date of this licence, directly or indirectly replace it, with or without amendment.

EXPLANATORY NOTES

(These explanatory notes do not form part of the licence)

1. GRANT OF LICENCE

This licence is granted in accordance with the provisions of Section 35 and 36 of the Environmental Protection Act 1990.

2. MODIFICATION OF LICENCE

Licence conditions may only be modified in accordance with Section 37 of the Environmental Protection Act 1990. The working plan may be modified in accordance with the relevant conditions of the licence.

3. SUSPENSION OF LICENCE

SEPA may suspend or partially suspend a licence in accordance with the provisions of Sections 38 and 42(5) and (6) of the Environmental Protection Act 1990 and Section 41(6) of the Environment Act 1995.

4. REVOCATION OF LICENCE

A licence may be revoked or partially revoked in accordance with the provisions of Sections 38, and 42(5) and (6) of the Environmental Protection Act 1990 and Section 41(6) of the Environment Act 1995.

5. SURRENDER OF LICENCE

A licence may only be surrendered in accordance with the provisions of Section 39 of the Environmental Protection Act 1990.

A licence shall remain in effect, subject to any modification, revocation or transfer issued by SEPA until such time as the licensed activity has ceased, an application for surrender of licence has been made by the licence holder and the certificate of completion has been issued by SEPA.

6. TRANSFER OF LICENCE

A licence may only be transferred in accordance with the provisions of Section 40 Environmental Protection Act 1990.

7. GENERAL STATUTORY REQUIREMENTS

A licence does not detract from any other statutory requirements applicable to the licence holder or his operations, such as any need to obtain planning permission or building regulations approval or any responsibilities under legislation for health, safety and welfare in the workplace.

8. SUBSISTENCE CHARGES

An annual subsistence charge will be payable in respect of the licence under Section 41 of the Environment Act 1995.

9. OFFENCES

Under Section 33(6) of the Environmental Protection Act 1990, a person who contravenes any condition of a waste management licence commits an offence.

A person who commits an offence under Section 33(6) may be liable to imprisonment and/or to a fine.

10. ADDRESS AND TELEPHONE NUMBERS

The contact address and telephone number for all information to be reported in terms of the licence, is as follows: -

Scottish Environment Protection Agency

Tel No:0800 80 70 60 and/or <<local office number>>

Fax No: <<local office number>>

11. SCHEDULE TO THE END-OF-LIFE VEHICLES (STORAGE AND TREATMENT) (SCOTLAND) REGULATIONS 2003

For information only, the relevant Parts 1 and 2 of the above schedule are given below. The Regulations and the Schedule may be subject to amendment by the Scottish Parliament and the Schedule is only accurate as at <<date>>.

PART ONE

OBLIGATIONS IN RESPECT OF KEEPING OR TREATMENT OF WASTE MOTOR VEHICLES

1. No waste motor vehicle shall be kept (even temporarily) unless such keeping-

(a) is carried out in accordance with the general requirements laid down in article 4 of the Waste Directive (Council Directive 75/442/EEC); and

(b) complies with the minimum technical requirements set out in Part 2 below.

PART 2

MINIMUM TECHNICAL REQUIREMENTS FOR THE KEEPING AND TREATMENT OF WASTE MOTOR VEHICLES

1. The keeping (even temporarily) of a waste motor vehicle prior to treatment shall only be carried out at a site-

(a) having, in appropriate areas, impermeable surfaces and provided with spillage collection facilities, decanters and cleanser degreasers, and

(b) provided with equipment for the treatment of water (including rainwater) in compliance with all applicable legislation concerning health and environmental matters.

5. Any keeping operations shall be carried out in such a manner as avoids damage to-

(a) any component containing a fluid or fluids;

(b) any recoverable component;

(c) any spare part.

4.2 Appendix 2- Summary of Questions

Q1. We are interested in views about the extent to which the proposals in the current consultation address the principles of better regulation noted above.

Q2. If you think further action is warranted with the principles of better regulation in mind, we would be interested in specific proposals for change.

Q3. Apart from those already suggested, are there any other waste streams for which protocols could usefully be developed? Please give reasons.

Q4. Would you like to see SEPA take responsibility for drafting and issuing exemptions, or would you prefer to maintain the exemptions in the legislative system? Please provide the grounds for your views and an indication of how any new system would work.

Q5. Are there any activities that you think would be suitable for an exemption that are not currently exempt? You need to provide as much information as possible on the activity and the benefits of covering it with an exemption from licensing as opposed to a waste management licence.

Q6. Should some exemptions, for example, the more complex exemptions (such as those relating to composting and recovery to land and building operations in paragraphs 7, 9, 12 and 19) benefit from an appeal mechanism, with balancing consultation requirements? Please provide the supporting thoughts behind your answer.

Q7. What aspects and areas of the registration system should be improved upon? It would help if you could explain why and how?

Q8. For which exemptions should electronic registration be considered and if so what impact would this have on you?

Q9. Should the requirement that SEPA inspect exemptions annually be relaxed to require 'periodic inspection' in line with the requirements of the Waste Framework Directive? Please give details of how you think the Directive requirement should be enforced.

Q10. As a financial provision is not a Directive requirement for non-landfills, it may be possible to dis-apply the financial provision requirements of the licensing system for some activities. As SEPA's post-2004 position has already reduced the burden of the financial provision requirement on applicants, would this still be useful or necessary?

Q11. What sorts of activities should such dis-application apply to?

Q12. Do consultees agree that operator technical competence is important and should be retained as a requirement of the licensing system? Please explain the reason for your view, whether in agreement or not.

Q13. Do consultees agree that the legislation should make provision for more technical competence assessor bodies? If yes, under what conditions?

Q14. Do consultees think that for some waste management activities, a formal, externally accredited technical competence is unnecessary? If so, please provide suggestions and justifications for the types of activities that could potentially be undertaken without technical competence qualifications.

Q15. Consultees views are sought on whether they consider that continued professional development should be required, and if so, for whom, and how it could be demonstrated.

Q16. Do consultees agree that the relevant convictions test should be retained, and are there any areas for improvement in terms of the requirements or in its implementation? If there are alternatives, what are they?

Q17. Is there enough (or too much) guidance for businesses on waste management licensing? Is it the right sort of guidance or could it be improved? Please provide specific examples of how it could be improved. The more specific you can be in making suggestions, the better.

Q18. Do consultees think that SEPA could improve its template approach to licensing and, if so, how could this be achieved?

Q19. Do you think the SEPA proposal for an amendment to the law to include mobile composting units would be helpful to industries such as the shell fish producers and who else might benefit from a composting exemption, e.g. hoteliers, catering facilities?

Q20. Are there any other activities/processes that might benefit from mobile plant licensing? It would help if you could say why the activities/processes might be suitable for a mobile plant licence and what the benefits would be.

Q21. Do you think that SEPA should be free to add to the categories of mobile plant which may be licensed without the need for changing Regulations?

Q22. Would it be beneficial to provide a mechanism that will allow an operator to apply to change his site boundary without obtaining a new licence?

Q23. Are there other licence modification issues that should be considered? Please give an indication of the possible advantages and disadvantages.

Q24. Do consultees agree that SEPA should have similar charging powers for regulator initiated modifications under waste management licensing that it already has under the PPC regime?

Q25. Do consultees agree that there would be benefits in allowing both full and partial transfer and if so, what are those benefits? What safeguards would there need to be?

Q26. Do consultees agree that historic waste management activities should be excluded from the surrender requirement in circumstances where there is no suspected pollutant linkage to licensed activities? Is this practical and what are the advantages or disadvantages of removing this requirement?

Q27. Can consultees suggest any improvements to the way licences are enforced and what benefits would those improvements bring?

Q28. Do consultees agree that site inspections should be based on risk and operator performance? Please say why.

Q29. Do you think that charging should include consideration of the potential risks associated with an activity and operator performance?

Q30. Do you consider that there are other areas where improvements should be considered, for example: Duty of Care; Registered Waste Carriers; or Special Waste?

We seek the views and comments of all interested parties through this public consultation which closes on 22 June 2007.

You can submit a written response to:

Scottish Environment Protection Agency

If you wish further information on any issue in this consultation, please call 01786 457700 and ask for Gary Walker or Kenny Boag.
E-mail: gary.walker@sepa.org.uk or kenny.boag@sepa.org.uk

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