The Management of Extractive Waste (Scotland) Regulations2010
| Jurisdiction | Scotland |
| Citation | SSI 2010/60 |
| Year | 2010 |
(1) These Regulations may be cited as the Management of Extractive Waste (Scotland) Regulations 2010 and, other than regulation 3(1) , come into force on 1st April 2010.(2) Regulation 3(1) comes into force on 1st May 2012.(1) Subject to paragraph (2) , in these Regulations—
- F34“the 1996 Regulations” means the Special Waste Regulations 1996,
- “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997;
- “applicant” means the natural or legal person who makes an application for planning permission to which Part 4 applies;
- F35“best available techniques” is as defined in Article 2(2) as read with Article 2(3) of Decision 2012/134/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass,
- “Category A waste facility” means a waste facility that does not fall within the scope of F12Directive 2012/18/EU—
- (a) where a failure or incorrect operation, e.g. the collapse of a heap or the bursting of a dam, could give rise to a major accident, on the basis of a risk assessment taking into account factors such as the present or future size, the location and the environmental impact of the waste facility;
- (b) which contains waste classified as hazardous under F1Articles 3(2) and 7 of Directive 2008/98/EC above a certain threshold; or
- (c) F13which contains substances or mixtures classified as hazardous under Regulation (EC) No 1272/2008 above a certain threshold;
- “competent person” means a natural person with sufficient training, experience, knowledge and other qualities to enable that person to undertake the duties assigned to them relative to these Regulations;
- “dam” means an engineered structure designed to retain or confine water or waste or both within a pond;
- F14“dangerous substance” means a substance or mixture which is hazardous within the meaning of Regulation (EC) No 1272/2008, ...............
- “Directive 2000/60/EC” means Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policyF36, as it had effect immediately before IP completion day;
- F7“Directive 2008/98/EC” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as amended by Commission Regulation (EU) No 1357/2014 replacing Annex III of Directive 2008/98/ECF37, as it had effect immediately before IP completion day;
- F19“Directive 2012/18/EU” means Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/ECF38, as it had effect immediately before IP completion day;
- F39“European Waste Catalogue” is as defined in regulation 1(4) of the 1996 Regulations;
- “extractive waste” means waste produced from an extractive industry and resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries, but does not include—
- (a) waste which is generated by the prospecting, extraction and treatment of mineral resources and the working of quarries, but which does not directly result from those operations;
- (b) waste resulting from the offshore prospecting, extraction and treatment of mineral resources; or
- (c) the injection of water and re‑injection of pumped groundwater as defined in the first and second indents of Article 11(3) (j) of Directive 2000/60/EC, to the extent authorised by that Article;
- “extractive waste area” means any area designated for the accumulation or deposit of extractive waste, whether in a solid or liquid state or in solution or suspension, for the following time periods—
- (a) a period of six months or less for areas for hazardous waste generated unexpectedly;
- (b) a period of one year or less for areas for non-hazardous non-inert waste;
- (c) a period of three years or less for areas for unpolluted soil, non-hazardous prospecting waste, waste resulting from the extraction, treatment and storage of peat and inert waste,
- (a) excavation voids into which waste is replaced, after excavation of the mineral, for rehabilitation and construction purposes,
- (b) any dam or other structure serving to contain, retain, confine or otherwise support such a facility, and
- (c) heaps and ponds;
- “financial guarantee” means the guarantee required by regulation 15(1) ;
- F3“hazardous waste” is as defined in Articles 3(2) and 7 of Directive 2008/98/EC;
- “heap” means an engineered facility for the deposit of solid waste on the surface;
- “inert waste” means waste that does not undergo any significant physical, chemical or biological transformations; inert waste will 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 human health; the total leachability and pollutant content of the waste and the ecotoxicity of the leachate must be insignificant, and in particular not such as to endanger the quality of either surface water or groundwater or both;
- “leachate” means any liquid percolating through the deposited waste and emitted from or contained within an extractive waste area or waste facility, including polluted drainage, which may adversely affect the environment if not appropriately treated;
- “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
- “major accident” means an occurrence on-site in the course of an operation involving the management of extractive waste in any establishment covered by these Regulations, leading to a serious danger to human health or the environment or both, whether immediately or over time, on‑site or off‑site;
- “mineral resource” or “mineral” means a naturally occurring deposit in the earth’s crust of an organic or inorganic substance, such as energy fuels, metal ores, industrial minerals and construction materials, but excluding water;
- “offshore” means that area of the sea and seabed extending from the low water mark of ordinary or median tides outwards;
- “operator” means the natural or legal person responsible for the management of extractive waste at a waste facility, including in respect of temporary storage of extractive waste as well as the operational and after‑closure phases, and where an extractive waste area or waste facility has not been put into operation, means the person who will have control over the operation of the extractive waste area or waste facility when it is put into operation;
- “planning authority” means the local authority...
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