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Citation and commencement
1. These Regulations may be cited as the Pollution Prevention and Control (Scotland) Regulations 1999 and shall come into force on [31st October 1999.]
Interpretation
2.- (1) In these Regulations, except in so far as the context otherwise requires -
"change in operation" means, in relation to an installation, a change in the nature or functioning or an extension of the installation which may have consequences for the environment; and "substantial change in operation" means, in relation to an installation, a change in operation of the installation which, in the opinion of the SEPA, may have significant negative effects on human beings or the environment;
"the Directive" means Council Directive 96/61/EC concerning integrated pollution prevention and control2;
"emission" means -
(i) in relation to Part A installations, the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in an installation into the air, water or land;
(ii) in relation to Part B installations, the direct or indirect release of substances or heat from individual or diffuse sources in an installation into the air,
and references to emissions in the definitions of "emission limit value", "pollution" and "pollutant" shall be construed accordingly for the purpose of the application of those definitions in relation to Part A and Part B installations;
"emission limit value" means the mass, expressed in terms of specific parameters, concentration or level of an emission, which may not be exceeded during one or more periods of time;
"enforcement notice" has the meaning given by regulation 18(1);
"installation" means -
(i) a stationary technical unit where one or more activities listed in Part 1 of Schedule 1 are carried out; and
(ii) any other directly associated activities carried out on the same site which have a technical connection with the activities carried out in the stationary technical unit and which could have an effect on pollution,
and references to an installation include references to part of an installation;
"off-site condition" has the meaning given by regulation 9(13);
"operator" means, in relation to an installation, the person who operates or controls the installation or, where there is no such person, the person who holds the permit which applies to the installation;
"Part A installation" and "Part B installation" shall be interpreted in accordance with Part 3 of Schedule 1;
"permit" means a permit granted under regulation 7;
"pollution" means emissions as a result of human activity which may be harmful to human health or the quality of the environment, cause offence to any human senses, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment; and "pollutant" means any substance, vibration, heat or noise released as a result of such an emission which may have such an effect;
"revocation notice" has the meaning given by regulation 16;
"SEPA" means the Scottish Environment Protection Agency;
"substance" includes any chemical element and its compounds and any biological entity or micro-organism, with the exception of radioactive substances within the meaning of Directive 80/836/Euratom3 and genetically modified organisms within the meaning of Directive 90/219/EEC4 and Directive 90/220/EEC5;
"suspension notice" has the meaning given by regulation 19;
"variation notice" has the meaning given by regulation 12;
"waste management activity" means an activity listed in Part A(1) of [Chapter 5] of Part 1 of Schedule 1.
(2) Part 1 of Schedule 1 shall be interpreted in accordance with the definition sections in Part 2 and 3 of that Schedule.
(3) Parts 1 and 2 of Schedule 3 shall be interpreted in accordance with the definition sections in Part 3 of that Schedule.
(4) Unless the context otherwise requires, any reference to these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and any reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule of which that paragraph forms part.
Best available techniques
3.- (1) Subject to paragraph (2), for the purpose of these Regulations, "best available techniques" means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing in principle the basis for emission limit values designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole; and for the purpose of this definition -
(a) "available techniques" means those techniques which have been developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the cost and advantages, whether or not the techniques are used or produced inside the United Kingdom, as long as they are reasonably accessible to the operator;
(b) "best" means, in relation to techniques, the most effective in achieving a high general level of protection of the environment as a whole;
(c) "techniques" includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned.
(2) In the application of the definition of "best available techniques" in paragraph (1) in relation to Part B installations, the references to the environment as a whole shall be read as references to the quality of the air.
(3) Schedule 2 shall have effect in relation to the determination of best available techniques.
Fit and proper person
4.- (1) This regulation applies for the purpose of the discharge of any function under these Regulations which requires the regulator to determine whether a person is or is not a fit and proper person to carry out a waste management activity.
(2) Whether a person is or is not a fit and proper person to carry out a waste management activity shall be determined by reference to the fulfilment of the conditions of the permit which apply or will apply to the carrying out of that activity.
(3) Subject to paragraph (4), a person shall be treated as not being a fit and proper person if it appears to SEPA that -
(a) he or another relevant person has been convicted of a relevant offence;
(b) the management of the waste management activity which is or is to be carried on is not or will not be in the hands of a technically competent person; or
(c) the person who holds or is to hold the permit has not made and either has no intention of making or is in no position to make financial provision adequate to discharge the obligations arising from the permit in relation to the waste management activity.
(4) SEPA may, if it considers it proper to do so in any particular case, treat a person as a fit and proper person, notwithstanding that paragraph (3)(a) applies in his case.
(5) For the purposes of paragraph (3) -
(a) "relevant offence" means an offence prescribed under section 74(6) of the Environmental Protection Act 19906 for the purposes of section 74(3)(a) of that Act; and
(b) the qualifications and experience required of a person for the purposes of section 74(3)(b) of that Act which are prescribed under section 74(6) of that Act shall be treated as the qualifications and experience required of a person for the purposes of paragraph (3)(b).
(6) For the purposes of paragraph (3)(a), another relevant person shall be treated, in relation to the proposed holder of a permit, as having been convicted of a relevant offence if -
(a) any person has been convicted of a relevant offence committed by him in the course of his employment by the proposed holder of the permit or in the course of the carrying on of any business by a partnership one of the members of which was the proposed holder of the permit;
(b) a body corporate has been convicted of a relevant offence committed when the proposed holder of the permit was a director, manager, secretary or other similar officer of that body corporate; or
(c) where the proposed holder of the permit is a body corporate, a person who is a director, manager, secretary or other similar officer of that body corporate -
(i) has been convicted of a relevant offence; or
(ii) was a director, manager, secretary or other similar officer of another body corporate at a time when a relevant offence for which that other body corporate has been convicted was committed.
Duties of SEPA in relation to best available techniques
5. It shall be the duty of SEPA to follow developments in best available techniques
2
O.J. No. L257, 10.10.96,
p.26.
3 O.J. No. L246, 17.9.1980, p.1.
4 O.J. No. L117, 8.5.1990, p.1.
5 O.J. No. L117, 8.5.1990, p.15.
6 1990 c.43; see regulation 3 of S.I. 1994/1056 (amended
by S.I. 1994/1137).
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