The Control of Pollution (Licensing of Waste Disposal) (Scotland) Amendment Regulations 1992

• Citation: S.I. 1992/1368
• Sections: 4

Section 1 Citation, commencement, extent and interpretation

(1) These Regulations may be cited as the Control of Pollution (Licensing of Waste Disposal) (Scotland) Amendment Regulations 1992, shall come into force on 9th July 1992 and shall extend to Scotland only.

(2) In these Regulations “the principal Regulations ” means the Control of Pollution (Licensing of Waste Disposal) (Scotland) Regulations 1977( ).

Section 2 Amendment of the principal Regulations

In regulation 2(4) of the principal Regulations the following definitions shall be inserted in the appropriate places in alphabetical sequence:—

“agricultural purposes” means the growing of commercial food crops including the growing of such crops for stock-rearing purposes;

“sludge” has the same meaning as in the Sludge (Use in Agriculture) Regulations 1989( );

Section 3 Amendment of the principal Regulations

Regulation 3(c) of the principal Regulations shall be amended as follows:—

(a) after the word “sewage” where it first and second appears there shall be inserted the words “or sludge”; and

(b) for sub-paragraph (ii) there shall be substituted—

(ii) sludge used in accordance with the Sludge (Use in Agriculture) Regulations 1989;

Section 4 Amendment of the principal Regulations

(1) Regulation 4 of the principal Regulations (excepted cases under section 3(1)) shall be amended in accordance with the following paragraphs.

(2) In paragraph (1)—

(a) for the words “the provisions of paragraph (2)” there shall be substituted the words “paragraphs (2) and (4)”;

(b) at the end of the sub-paragraph (k) the word “or” shall be omitted; and

(c) there shall be added the following sub-paragraphs:—

(m) sludge is deposited on land for the purpose of fertilising or otherwise beneficially conditioning that land; or

(n) waste is deposited on land, which is or is about to be used for agricultural purposes, for the purpose of fertilising or otherwise beneficially conditioning that land.

(3) In paragraph (2) after the words “(a) to (k)” there shall be added the words “and (m) and (n)”.

(4) After paragraph (3) there shall be added the following paragraph:—

(4) Sub-paragraphs (m) and (n) of paragraph (1) above shall apply only if the following conditions are met:—

(a) the waste shall be deposited directly on to the land and not in a lagoon or container;

(b) the person depositing the waste shall, in so doing, have regard to any code of practice for the time being approved by the Secretary of State under section 51 of the Act( );

(c) the person depositing the waste shall furnish to the disposal authority and to the river purification authority in whose respective areas the deposit is to be made particulars as follows:—

(i) where there is to be a single deposit of waste, he shall furnish, in advance of making the deposit, his name, telephone number and address, a description of the waste including the process from which it arises, an estimate of the quantity of the waste, and the location and intended date of deposit;

(ii) where there are to be regular or frequent deposits of wastes of a similar composition, he shall furnish, every six months, his name, telephone number and address, a description of the waste, including the process from which it arises, an estimate of the total quantity of waste he intends to deposit during the next six months, and the locations and frequency of the deposits; and he may deposit wastes of a different description from that notified provided that he furnishes amended particulars in advance of making the deposit.