# The Environmental Authorisations (Scotland) Amendment Regulations 2025, Schedule 4: NEW SCHEDULE 13 TO BE INSERTED INTO THE 2018 REGULATIONS


“SCHEDULE 13
LANDFILL ACTIVITIES
Regulation 6(1)
PART 1
Scope and Interpretation
Scope
1. (1) This schedule applies to landfill activities,
(2) Paragraphs 2 and 3 apply for the interpretation of—
(a) this schedule,
(b) schedule 11 (waste management activities),
(c) the definitions of landfill and landfill activity.
Interpretation: landfill
2. (1) For the purposes of these Regulations, a landfill is a waste disposal site for the deposit of waste onto or into land.
(2) “Landfill” includes—
(a) any site which is used for more than a year for the temporary storage of waste, except in the cases described in sub-paragraph (3),
(b) any internal waste disposal site.
(3) “Landfill” does not include—
(a) any facility where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere,
(b) any site where waste is stored as a general rule for a period of less than three years prior to recovery or treatment,
(c) any site where waste is stored prior to disposal for a period of less than one year,
(d) any waste disposal site which finally ceased to accept waste for disposal before 16 July 2001,
(e) the use of suitable inert waste for redevelopment, restoration and filling-in work or for construction purposes,
(f) the deposit of—
(i) non-hazardous dredging sludges or sediment on or alongside the bank or towpath of a river, burn or ditch from which they have been dredged,
(ii) non-hazardous sludges in surface water, including the bed and its sub-soil.
(4) In sub-paragraph (2) “internal waste disposal site” means a site where a producer of waste is carrying out its own waste disposal at the place of production.
Interpretation: landfill activity
3. “Landfill activity” includes—
(a) the disposal of waste in a landfill,
(b) initial construction of a landfill,
(c) closure and aftercare of a landfill.
Interpretation: general
4. In this schedule—
“the 2002 Council Decision” means Council Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC,
“biodegradable waste” means any waste that is capable of undergoing anaerobic or aerobic decomposition, such as food and garden waste, and paper and paperboard,
“definite closure” means the stage that begins with the service of a closure notice and compliance with paragraph 14(3) and ends with the surrender or revocation of the authorisation and the phrase “definitively closed” is to be construed accordingly,
“eluate” means the solution obtained by a laboratory leaching test,
“granular waste” includes all wastes that are not monolithic,
“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,
(b) where the distance to the nearest urban agglomeration with at least 250 inhabitants per square kilometre is not less than 50 km or with difficult access by road to those nearest agglomerations, due to harsh meteorological conditions during a significant part of the year,
“inert waste” means waste which—
(a) does not undergo any significant physical, chemical or biological transformations,
(b) 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 harm,
(c) has insignificant total leachability and pollutant content, and the ecotoxicity of its leachate is insignificant, and, in particular, does not endanger the quality of any surface water or groundwater,
“L/S = 10 1/kg” means a liquid to solid ratio of 10 litres to one kilogram,
“landfill gas” means all the gases generated from the landfilled waste,
“liquid waste” means any waste in liquid form including waste waters but excluding sludge,
“leachate” means any liquid percolating through the deposited waste and emitted from or contained within a landfill,
“mercury” means metallic mercury (Hg, CAS RN 7439-97-6),
“PAHs (Polycyclic Aromatic Hydrocarbons)” means naphthalene, acenaphtylene, acenaphthene, anthracene, benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(g,h,i)perylene, benzo(a)pyrene, chrysene, coronene, dibenzo(a,h)anthracene, fluorene, fluoranthene, indeno(1, 2, 3-c,d)pyrene, phenanthrene and pyrene,
“relevant waste acceptance criteria” means the waste acceptance criteria set out in Part 3 of this schedule which apply to the class of landfill to which that landfill belongs,
“stable, non-reactive hazardous waste” means hazardous waste, the leaching behaviour of which will not change adversely in the long-term, under landfill design conditions or foreseeable accidents—
(a) in the waste alone (for example, by biodegradation),
(b) under the impact of long-term ambient conditions (for example, water, air, temperature, mechanical constraints),
(c) by the impact of other wastes (including waste products such as leachate and gas),
“treatment” means the physical, thermal, chemical or biological processes, including sorting, which change the characteristics of the waste in order to reduce its volume or hazardous nature, facilitate its handling or enhance recovery,
“underground storage” means a permanent waste storage facility in a deep geological cavity such as a salt or potassium mine,
“waste regularly generated in the same process” means individual and consistent wastes regularly generated in the same process, where—
(a) the installation and the process generating the waste are well known and the input materials to the process and the process itself are well defined,
(b) the operator of the installation provides all necessary information and informs the operator of the landfill of changes to the process (especially changes to the input material),
(c) the waste comes from a single installation or, if from different installations, it can be identified as single stream with common characteristics within known boundaries (e.g., bottom ash from the incineration of municipal waste), and
(d) there is no significant change in the generation processes,
but does not include wastes which do not require testing in accordance with paragraph 29(4)(a) or (c) of this schedule.
PART 2
Amendments to common framework provisions
Exemptions for certain landfills on islands and in isolated settlements
5. (1) The provisions of this schedule referred to in paragraph (2) do not apply to—
(a) a landfill on an island which on 10 April 2003 had 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,
(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 has been used,
(b) a landfill for non-hazardous or inert waste in an isolated settlement provided that the landfill is used for the disposal of waste generated only by that isolated settlement.
(2) The provisions are paragraphs—
(a) 8(1)(d) and (e),
(b) 8(1)(g) as it relates to paragraphs 40 and 41,
(c) 10 except as it relates to the criteria in paragraphs 16 and 17,
(d) 11,
(e) 12, except 12(d)(i) and (f),
(f) 13(2)(a) and 13(2)(d), as they relate to paragraphs 34, 35, and 36,
(g) 13(2)(c),
(h) 33 to 37,
(i) 39,
(j) 41 and 42.
(3) SEPA must—
(a) maintain a list of the landfills that fall within sub-paragraph (1),
(b) for each site, 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 the landfill.
Applications for authorisations
6. An application for an authorisation for a landfill activity must contain the following information—
(a) a description of the types and total quantity of waste to be deposited,
(b) the proposed capacity of the disposal site,
(c) a description of the site, including its hydrogeological and geological characteristics,
(d) the proposed methods for pollution prevention and abatement,
(e) the proposed operation, monitoring and control plan,
(f) the proposed plan for the closure and after-care procedures,
(g) the financial security by the applicant, or any other equivalent provision, as required under paragraph 8(1)(d) of this schedule,
(h) where an environmental impact assessment is required by the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017, a copy of the report prepared by the developer in accordance with regulation 5(1) of those Regulations, or the information required to be included in that report by virtue of regulation 5(2) of those Regulations.
Authorisation by permit and landfill classification
7. (1) A landfill activity may only be authorised by permit.
(2) Before granting a permit for a landfill activity, SEPA must classify the landfill as a—
(a) landfill for hazardous waste,
(b) landfill for non-hazardous waste,
(c) landfill for inert waste.
(3) SEPA must ensure that the permit states the classification of the landfill under sub-paragraph (2).
Authorisation conditions: general
8. (1) SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that—
(a) the management of the landfill will be in the hands of a natural person who is technically competent to manage the landfill,
(b) professional and technical development and training of authorised persons and landfill management and staff are provided,
(c) the landfill is operated so that the necessary measures are taken to prevent accidents and to limit their consequences,
(d) the authorised person makes adequate financial provision by way of security or an equivalent arrangement to ensure that—
(i) obligations (including after-care provisions) arising from the permit in relation to the activity are met, and
(ii) any closure procedures required under the permit in relation to that activity are followed,
(e) that the financial provision referred to in sub-paragraph (d) is maintained until the permit is surrendered in accordance with these Regulations,
(f) that the disposal of waste to the landfill cannot commence until SEPA has inspected the landfill site to ensure that it complies with the relevant conditions of the permit,
(g) the landfill complies with the general requirements for all landfills set out in Part 5 of this schedule.
(2) SEPA must ensure that a permit for a landfill activity includes conditions—
(a) specifying the list of waste types and the total quantity of waste authorised to be deposited in the landfill,
(b) specifying requirements for the preparations for the landfill, and the carrying out of, landfilling operations,
(c) requiring the authorised person to report to SEPA, at least annually, the types and quantities of waste deposited in the landfill.
Authorisation conditions: prohibition of acceptance of certain waste at landfills
9. (1) SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that the following types of waste are not accepted 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 not new or identified, and the effects of which on humans or on the environment are not known,
(e) whole used tyres, other than—
(i) tyres used as engineering material,
(ii) bicycle tyres,
(iii) tyres with an outside diameter above 1,400 mm,
(f) shredded tyres other than—
(i) bicycle tyres,
(ii) tyres with an outside diameter above 1,400 mm,
(g) waste industrial or automotive batteries,
(h) waste which has been collected and transported in accordance with section 34(2I) of the Environmental Protection Act 1990 and is capable of being recycled,
(i) as from 31 December 2025, biodegradable municipal waste,
(j) any waste which does not fulfil the relevant waste acceptance criteria.
(2) Sub-paragraph (1)(a) does not prohibit temporary storage of mercury waste for more than one year at a landfill,
(3) Sub-paragraph (1)(g) does not prohibit the acceptance of residues of any batteries that have undergone both treatment and recycling, provided that treatment and recycling—
(a) used best available techniques, in terms of the protection of health and the environment, and
(b) complied, at a minimum, with legal requirements, in particular as regards health and safety and waste management,
(4) SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that the landfill is not used for the disposal of waste which has been diluted or mixed solely to meet the relevant waste acceptance criteria.
(5) For the purposes of this paragraph, waste is—
“biodegradable municipal waste” if it consists of municipal waste that is also biodegradable waste, but does not include waste—
(a) that is treated, and either—
(i) respiration activity after a static respiration test is less than 10 milligrams of oxygen for each gram of dry material, or
(ii) dynamic respiration over one hour is less than 1000 milligrams of oxygen for each kilogram of volatile solids,
(b) that is incinerated, and the total organic carbon content is less than 5%,
“corrosive” if it consists of substances and preparations which may destroy living tissue on contact,
“explosive” if it is capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to surroundings, and includes—
(a) pyrotechnic waste,
(b) explosive organic peroxide waste,
(c) explosive self-reactive waste,
“flammable” if it consists of—
(a) flammable liquid waste having a flash point below 60°C,
(b) waste gas oil, diesel, and light heating oils having a flashpoint greater than 50°C or less than or equal to 75°C,
(c) flammable pyrophoric liquid and solid waste or liquid waste which even in small quantities is liable to ignite within five minutes of coming into contact with air,
(d) flammable solid waste which is readily combustible or may cause or contribute to fire through friction,
(e) flammable gaseous waste which is flammable in air at 20°C and a standard pressure of 101.3kPa,
(f) water reactive waste which, in contact with water, emits flammable gases in dangerous quantities,
(g) other flammable aerosols, flammable self-heating waste, flammable organic peroxides and flammable self-reactive waste,
“highly flammable” if it consists of—
(a) liquid substances and preparations having a flash point below 21°C (including extremely flammable liquids),
(b) substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy,
(c) solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition,
(d) gaseous substances and preparations which are flammable in air at normal pressure,
(e) substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities,
“infectious” if it consists of substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in humans or other living organisms,
“mercury waste” means mercury that is waste, and without prejudice to that definition, mercury and mercury compounds, whether in pure form or in mixtures, from any of the following sources are considered to be waste—
(a) the chlor-alkali industry,
(b) the cleaning of natural gas,
(c) non-ferrous mining and smelting operations,
(d) extraction from cinnabar ore,
“oxidising” if it consists of substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances.
(6) In this paragraph, a reference to the total organic carbon content of waste is a reference to the total amount of carbon bound in organic compounds in the waste.
Authorisation conditions: waste which may be accepted in different classes of landfill
10. (1) SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that the landfill is only used for the disposal of waste which has been subject to prior treatment unless—
(a) it is inert waste for which treatment is not technically feasible,
(b) it is waste other than inert waste, and treatment would not reduce its quantity or the hazards which it poses to the human health or the environment,
(c) it is waste for which requiring prior treatment would not accord with the general aims in regulation 9 or the duty in paragraph 3 of schedule 11,
(2) Where SEPA has classified a landfill as a landfill for hazardous waste under paragraph 7(2)(a), it must ensure that the permit for the landfill activity includes such conditions as it considers appropriate to ensure that only waste which fulfils the waste acceptance criteria in Part 3 of this schedule is accepted at the landfill.
(3) Where SEPA has classified a landfill as a landfill for non-hazardous waste under paragraph 7(2)(b), SEPA must ensure that the permit for the landfill activity includes the conditions necessary to ensure that—
(a) the landfill is only used for the disposal of—
(i) municipal waste,
(ii) non-hazardous waste of any other origin which fulfils the waste acceptance criteria in Part 3 of this schedule,
(iii) stable, non-reactive hazardous waste (such as that which is solidified with leaching behaviour equivalent to that of non-hazardous waste referred to in sub-paragraph (ii)), and which fulfils the waste acceptance criteria in paragraph 19(a),
(b) where hazardous waste of the type described at sub-paragraph (3)(a)(iii) is disposed of at a landfill for non-hazardous waste, it is not deposited in cells used or intended to be used for the disposal of biodegradable non-hazardous waste.
(4) Where SEPA has classified a landfill as a landfill for inert waste under paragraph 7(2)(c), it must ensure that the permit for the landfill activity includes such conditions as it considers appropriate to ensure that the landfill is only used for the disposal of inert waste which meets the waste acceptance criteria in Part 3 of this schedule.
Authorisation conditions: costs of disposal of waste in landfill
11. SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that the charges imposed for the disposal of waste at the landfill covers all of the following—
(a) the costs of setting up and operating the landfill,
(b) the costs of the financial security or equivalent arrangement required under paragraph 8(1)(d),
(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.
Authorisation conditions: waste acceptance procedures
12. SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that—
(a) before or at the time of the delivery of the waste to the landfill, or of the first of a series of deliveries of the same type of waste to the landfill, appropriate documentation is provided to allow for confirmation that the waste can be accepted at the landfill according to the permit conditions and that it fulfils the relevant waste acceptance criteria in accordance with Part 3 of this schedule,
(b) waste is visually inspected at the entrance to the landfill and at the point of the deposit, to ensure that it conforms with the description provided in the documentation submitted by the holder,
(c) waste is tested, in accordance with such procedures as are specified by SEPA, to establish whether it corresponds to the description in the accompanying documents, and if representative samples are taken for analysis, that the samples and the results of any analysis are retained for at least 1 month,
(d) a register is maintained, to make available to SEPA on request, showing—
(i) the quantities of waste deposited,
(ii) its characteristics,
(iii) its origin,
(iv) the date or dates of its delivery,
(v) the identity of the producer, or in the case of municipal waste, the collector,
(vi) in the case of hazardous waste, its precise location on the site,
(e) when a delivery of waste is accepted at the landfill, a written receipt is provided to the person delivering it,
(f) SEPA is to be informed when waste is not accepted at a landfill, as soon as reasonably possible, and in any event within 7 days.
Authorisation conditions: control and monitoring of operational landfill sites
13. (1) SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that the requirements specified in sub-paragraph (2) apply to the landfill from the start of the operational phase until definitive closure.
(2) The requirements are that—
(a) the control and monitoring procedures in Part 4 of this schedule are carried out,
(b) where those control and monitoring procedures reveal any significant environmental effects—
(i) SEPA must be notified as soon as reasonably possible,
(ii) the authorised person must undertake remedial measures at their own expense,
(iii) the authorised person must follow the direction of SEPA as to the nature and timing of remedial measures,
(c) the following information, on the basis of aggregated data, must be provided to SEPA, on its request and in any event at least once a year—
(i) the results of the monitoring,
(ii) any other information which SEPA requires to demonstrate compliance with conditions of the permit or to increase knowledge of the behaviour of waste in landfill,
(d) the quality control of analytical operations of control and monitoring procedures, and analyses of representative samples taken in accordance with Part 4 of this schedule must be carried out by competent laboratories.
Authorisation conditions: closure and after-care procedures for landfills
14. (1) SEPA must ensure that a permit for a landfill activity includes such conditions as it considers appropriate to ensure that the closure and after-care procedures set out in sub-paragraphs (2) to (4) apply to the landfill, whether it is closing in whole or in part.
(2) The closure procedure begins—
(a) when the conditions relevant to closure preparation specified in the permit are satisfied,
(b) when SEPA approves the initiation of the closure procedure following a request from the authorised person.
(3) The landfill must not be definitely closed until—
(a) such reports as may be required by SEPA have been submitted to it by the authorised person, and
(b) SEPA has—
(i) assessed all the reports submitted by the authorised person,
(ii) carried out a final on-site inspection,
(iii) notified the authorised person in writing that it approves the closure.
(4) Following definite closure of a landfill, after care procedures must ensure that—
(a) the authorised person remains responsible for the maintenance, monitoring and control for such period as SEPA determines is reasonable, taking into account the time during which the landfill could present hazards,
(b) the authorised person notifies SEPA of any significant environmental effect revealed by the control procedures, and takes the remedial steps required or approved by SEPA,
(c) the authorised person is responsible for monitoring and analysing landfill gas and leachate from the landfill and the groundwater regime in its vicinity for as long as SEPA considers that the landfill is likely to cause a hazard to the environment.
(5) The authorised person is not relieved from any liability by SEPA’s approval of the closure.
Surrender or revocation of permit for landfill activity
15. SEPA must not grant any application for complete or partial surrender of a permit for a landfill activity under regulation 30 (surrender of registration or permit), or revoke it in whole or in part under regulation 31 (revocation of permits and registrations), for as long as SEPA considers that the landfill (or the relevant part of it) is likely to cause a hazard to the environment.
PART 3
Waste acceptance criteria and procedures
CHAPTER 1
General criteria
General criteria for the acceptance of waste at all landfill
16. Waste may only be accepted at a landfill if it does not compromise the protection—
(a) of the surrounding environment, in particular groundwater and surface water,
(b) of environmental protection systems such as liners, leachate and gas collection and treatment systems at the landfill,
(c) of the desired waste-stabilisation processes within the landfill,
(d) against human health hazards.
Additional general criteria for the acceptance of waste at landfills for hazardous waste
17. Waste may only be accepted at a landfill for hazardous waste if—
(a) it is hazardous waste, 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 aftercare period.
Additional general criteria for the acceptance of waste at landfills for non-hazardous waste
18. Waste may only be accepted at a landfill for non-hazardous waste if—
(a) it is hazardous waste, and—
(i) it is stable non-reactive hazardous waste,
(ii) its leaching behaviour is equivalent to that of non-hazardous waste which meets the relevant waste acceptance criteria, and
(iii) it is not deposited in cells used or intended to be used for the disposal of biodegradable non-hazardous waste,
(b) it is non-hazardous waste.
Additional general criteria for the acceptance of waste at landfills for inert waste
19. Waste may only be accepted at a landfill for inert waste if it—
(a) meets the requirements of paragraph 25 of this schedule, or
(b) otherwise falls within the definition of inert waste in paragraph 4 and meets the requirements in paragraph 26 of this schedule.
CHAPTER 2
Additional acceptance criteria
Additional criteria for acceptance of waste at landfills for hazardous waste
20. (1) The following criteria apply to granular waste to be accepted at a landfill for hazardous waste—
(a) the leaching limit values set out in Table 1,
(b) the additional criteria set out in Table 2, and
(c) the waste must have a load bearing capacity of at least 50kPa.
(2) Subject to sub-paragraph (3), the following criteria applies to monolithic hazardous waste to be accepted at a landfill—
(a) the limit values set out in Table 3,
(b) the additional criteria set out in Table 7,
(c) the waste must have a load bearing capacity of at least 1.5MPa, and
(d) the monolith must be at least 40 cm in any direction or have a fracture spacing of at least 40 cm.
(3) Where waste is subject to treatment to render it monolithic, the waste must only be accepted at a landfill if prior to such treatment, the waste meets the following limit values—
(a) loss of ignition of 10%, or
(b) total organic carbon of 6%.
Table 1
Component
Symbol
L/S = 10 1/kg
(1) SEPA may include conditions in a permit authorising limit values for specific parameters (other than dissolved organic carbon) up to three times higher for specified waste accepted in a landfill taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.
(2) If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH, it may alternatively be tested at L/S = 10 l/kg and a pH of between 7.5 and 8.0. The waste may be considered as complying with the acceptance criteria for DOC if the result of this determination does not exceed 1,000 mg/kg.
(3) The values for TDS (Total Dissolved Solids) can be used alternatively to the values for Sulphate and Chloride.
mg/kg dry substance
Arsenic
As
25
Barium
Ba
300
Cadmium
Cd
5
Total chromium
Cr total
70
Copper
Cu
100
Mercury
Hg
2
Molybdenum
Mo
30
Nickel
Ni
40
Lead
Pb
50
Antimony
Sb
5
Selenium
Se
7
Zinc
Zn
200
Chloride
Cl-
25 000
Fluoride
F-
500
Sulphate
SO42-
50 000
Phenol index
Pl
1
Dissolved Organic Carbon
DOC
1000
Total dissolved solids
TDS
100 000
Table 2
Parameter
Values
(1) Either Loss on Ignition (LOI) or Total Organic Carbon (TOC) must be used.
(2) If this value for TOC is not achieved, a higher limit value may be permitted by SEPA provided that the Dissolved Organic Carbon (DOC) value of 1,000 mg/kg is achieved at L/S = 10 l/kg at its own pH or a pH value of between 7.5 and 8.0.
Loss on Ignition (LOI)
10%
Total organic carbon (TOC)
6%
Acid Neutralisation Capacity (ANC)
Must be evaluated between the pH of the waste in question, pH6 and the pH of the site leachate.
Table 3
Component
Symbol
Mg/m 2
(1) These limit values apply to tests using the 64-day tank test (NEN 7345) necessary for characterisation of the waste. Where it is appropriate for compliance testing, SEPA may specify use of a shortened version of the test comprising only the first four steps, and in such cases, the limit values will be a quarter of the values in the table.
Arsenic
As
20
Barium
Ba
150
Cadmium
Cd
1
Total chromium
Cr total
25
Copper
Cu
60
Mercury
Hg
0.4
Molybdenum
Mo
20
Nickel
Ni
15
Lead
Pb
20
Antimony
Sb
2.5
Selenium
Se
5
Zinc
Zn
100
Chloride
Cl-
20 000
Fluoride
F-
200
Sulphate
SO42-
20 000
Dissolved Organic Carbon
DOC
Must be evaluated
Additional criteria for acceptance of waste at landfills for non-hazardous waste
21. (1) Subject to sub-paragraph (2), waste of the following types may be accepted without testing at landfills for non-hazardous waste—
(a) municipal waste that is classified as non-hazardous in Chapter 20 of the 2000 Commission Decision,
(b) separately collected fractions of household wastes and the same non-hazardous materials from other origins.
(2) Waste referred to in sub-paragraph (1) must meet the following criteria—
(a) it must have been subject to prior treatment in accordance with paragraph 10(1) of this schedule unless prior treatment is not required by that paragraph,
(b) it must not be contaminated to such an extent as to justify its disposal in other facilities, and
(c) it must not be accepted in cells where stable, non-reactive hazardous waste is accepted in accordance with paragraph 18(a) of this schedule.
(3) Waste comprising construction materials containing asbestos and other suitable asbestos waste may also be accepted at landfills for non-hazardous waste without testing where it meets the criteria in paragraphs 18(a) and 24(a) and is landfilled in accordance with paragraph 24(b) to (f) of this schedule.
(4) Waste to which paragraphs 22 to 24 of this schedule apply provided that the criteria in the applicable paragraph is met may be accepted at landfills for non-hazardous waste.
Criteria for granular stable non-reactive hazardous waste deposited in a cell on its own and granular stable non-reactive hazardous waste and non-hazardous waste deposited in the same cell
22. (1) The following criteria apply to granular, stable, non-reactive hazardous waste and to granular non-hazardous waste which is landfilled in the same cell with such waste—
(a) the limit values set out in Table 4,
(b) the additional criteria set out in Table 5, and
(c) the waste must have the load bearing capacity of at least 50kPa.
(2) Subject to sub-paragraph (3), the following criteria apply to monolithic stable, non-reactive hazardous waste and to monolithic non-hazardous waste which is landfilled in the same cell with such waste—
(a) the limit values set out in Table 6,
(b) the additional criteria set out in Table 7,
(c) the waste must have a load bearing capacity of at least 1.5MPa, and
(d) the monolith must be at least 40 cm in any direction or have a fracture spacing of at least 40 cm.
(3) Where waste is subject to treatment to render it monolithic, the waste must only be accepted at a landfill if, prior to such treatment, the waste met the following limit values—
(a) loss of ignition of 10%, or
(b) total organic carbon of 6%.
Table 4
Component
Symbol
L/S = 10 1/kg>
(1) SEPA may include conditions in a permit authorising limit values for specific parameters (other than dissolved organic carbon) up to three times higher for specified waste accepted in a landfill taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.
(2) If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH, it may alternatively be tested at L/S = 10 l/kg and a pH of between 7.5 and 8.0. The waste may be considered as complying with the acceptance criteria for DOC if the result of this determination does not exceed 800 mg/kg.
(3) The values for TDS (Total Dissolved Solids) can be used alternatively to the values for Sulphate and Chloride.
mg/kg dry substance
Arsenic
As
2
Barium
Ba
100
Cadmium
Cd
1
Total Chromium
Cr total
10
Copper
Cu
50
Mercury
Hg
0.2
Molybdenum
Mo
10
Nickel
Ni
10
Lead
Pb
10
Antimony
Sb
0.7
Selenium
Se
0.7
Zinc
Zn
50
Chloride
Cl-
15 000
Fluoride
F-
150
Sulphate
SO42-
20 000
Dissolved organic Carbon
DOC
800
Total dissolved solids
TDS
60 000
Table 5
Parameter
Value
(1) If this value is not achieved, a higher limit value may be permitted by SEPA, provided that the Dissolved Organic Carbon (DOC) value of 800 mg/kg is achieved at L/S = 10 l/kg, either at the material’s own pH or at a pH value between 7.5 and 8.0.
Total organic carbon (TOC)
5%
pH
Minimum 6
Acid neutralisation capacity (ANC)
Must be evaluated between the pH of the waste in question, pH6 and the pH of the site leachate.
Table 6
Component
Symbol
Mg/m2
(1) These limit values apply to tests using the 64-day tank test (NEN 7345) necessary for characterisation of the waste. Where it is appropriate for compliance testing, SEPA may specify use of a shortened version of the test comprising only the first four steps, and in such cases, the limit values will be a quarter of the values in the table.
Arsenic
As
1.3
Barium
Ba
45
Cadmium
Cd
0.2
Total Chromium
Cr total
5
Copper
Cu
45
Mercury
Hg
0.1
Molybdenum
Mo
7
Nickel
Ni
6
Lead
Pb
6
Antimony
Sb
0.3
Selenium
Se
0.4
Zinc
Zn
30
Chloride
Cl-
10 000
Fluoride
F-
60
Sulphate
SO42-
10 000
Dissolved Organic Carbon
DOC
Must be evaluated
Table 7
Parameter
Value
pH
Must be evaluated
Electrical conductivity (mScm-1m-2)
Must be evaluated
Acid Neutralisation Capacity (ANC)
Must be evaluated
Criteria relating to gypsum based waste
23. (1) Gypsum based and other high sulphate bearing wastes may only be disposed of in landfills for non-hazardous waste in cells where no biodegradable waste is accepted.
(2) The limit values for total organic carbon and dissolved organic carbon given in Tables 4 and 5 above apply to wastes landfilled with gypsum-based materials.
Criteria for asbestos waste
24. The following criteria apply to the landfilling of asbestos waste and to construction materials containing asbestos—
(a) the waste must contain no hazardous substances other than bound asbestos, including fibres bound by a binding agent or packed in plastic,
(b) construction material containing asbestos or other suitable asbestos waste can only be accepted in a landfill dedicated to these wastes or in a separate cell of a non-dedicated landfill, if it is sufficiently self-contained,
(c) the zone of deposit must be covered daily and before each compacting operation with appropriate material and, if the waste is not packed, it must be regularly dampened down,
(d) a final top cover must be put on the landfill or cell in order to avoid the dispersion of fibres,
(e) no works may be carried out on the landfill or cell that could lead to a release of fibres (e.g., the drilling of holes), and
(f) appropriate measures must be taken to limit the possible uses of the land after closure of the landfill in order to avoid human contact with the waste.
Additional criteria for waste acceptable without testing at landfills for inert waste
25. (1) Subject to sub-paragraph (2), waste of the types set out in Table 8 may be accepted without testing at landfills for inert waste provided the waste is—
(a) from a single stream waste of a single waste type unless different waste types from the list in Table 8 are accepted together, and
(b) from a single source.
(2) Waste referred to in sub-paragraph (1) must be tested where there is suspicion of contamination or doubt that the waste meets the definition of inert waste in paragraph 4 of this schedule or the criteria in Table 8.
(3) If such testing reveals contamination or the presence of other materials or substances such as metals, asbestos, plastics or chemicals, the waste must not be accepted at a landfill for inert waste if the extent of the contamination is such as to increase the risk associated with the waste sufficiently to justify its disposal in other classes of landfill.
Table 8
Waste acceptable at landfills for inert waste
Commission Decision 2000
Commission Decision 2000
Description
Restrictions/ Exclusions
(1) Selected construction and demolition waste (C&D waste) which—
(a) must have low contents of other types of materials (metals, plastic, organics, wood, rubber etc),
(b) must be of known origin,
(c) must not be from constructions polluted with inorganic or organic dangerous substances unless it is clear the demolished construction was not significantly polluted,
(d) must not be from constructions treated, covered or painted with materials containing dangerous substances in significant amounts.
10 – Wastes from thermal processes
10 11 03
Waste glass based fibrous materials
Only without organic binders
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 01
Concrete
Selected C&D waste only
17 01 02
Bricks
Selected C&D waste only
17 01 03
Tiles and ceramics
Selected C&D waste only
17 01 07
Mixture of concrete, bricks, tiles and ceramics
Selected C&D waste only
17 02 02
Glass
17 05 04
Soil and stones
Excluding topsoil, peat, and soil and stones from contaminated sites
20 – Municipal wastes (household waste and similar commercial, industrial and institutional wastes) including separately collected fractions
20 01 02
Glass
Separately collected glass only
20 02 02
Soil and stones
Only from garden and parks waste and excluding topsoil and peat
Limit values for waste acceptable at landfills for inert waste
26. The following limit values apply to waste accepted at landfills for inert waste other than waste which may be accepted without testing under paragraph 25—
(a) the limit values for leaching set out in Table 9, and
(b) the limit values for total content of organic parameters set out in Table 10.
Table 9
Component
Symbol
L/S = 10 1/kg
(1) This limit value for sulphate may be increased to 6,000 mg/kg, provided that the value of CO (the first eluate of a percolation test at L/S = 0.1 l/kg) does not exceed 1,500 mg/l. It will be necessary to use a percolation test to determine the limit value at L/S = 0.1 l/kg under initial equilibrium conditions.
(2) If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH value, it may alternatively be tested at L/S = 10 l/kg and a pH between 7.5 and 8.0. The waste may be considered as complying with the acceptance criteria for DOC if the result of this determination does not exceed 500 mg/kg.
(3) The value for Total Dissolved Solids can be used alternatively to the values for Sulphate and Chloride.
mg/kg dry substance
Arsenic
As
0.5
Barium
As
0.5
Cadmium
Cd
0.04
Total Chromium
Cr total
0.5
Copper
Cu
2
Mercury
Hg
0.01
Molybdenum
Mo
0.5
Nickel
Ni
0.4
Lead
Pb
0.5
Antimony
Sb
0.06
Selenium
Se
0.1
Zinc
Zn
4
Chloride
Cl-
800
Fluoride
F-
10
Sulphate
SO42-
1000
Phenol index
Pl
1
Dissolved organic carbon
DO
500
Total dissolved solids
TDS
4000
Table 10
Parameter
Value
(1) In the case of soils, a higher limit value may be permitted by SEPA, provided a Dissolved Organic Carbon value of 500 mg/kg is achieved at L/S 10 l/kg at the pH of the soil or at a pH value of between 7.5 and 8.0.
mg/kg
Total Organic Carbon (TOC)
30 000
BTEX compounds (benzene, toluene, ethyl benzene and xylenes)
6
Polychlorinated biphenyls (PCBs) (7 congeners)
1
Mineral oil (C10 to C40)
500
PAHs (polycyclic aromatic hydrocarbons)
100
Criteria for underground storage
27. (1) Waste may only be accepted at an underground storage site in accordance with a site-specific safety assessment which complies with Appendix A to the 2002 Council Decision.
(2) At underground storage sites for inert waste, only waste which fulfils the criteria at paragraph 25 or 26 of this schedule may be accepted.
(3) At underground storage sites for non-hazardous waste, only waste which fulfils the criteria at paragraphs 21 and 22 of this schedule may be accepted.
(4) At underground storage sites for hazardous waste, the criteria at paragraph 20 of this schedule do not apply.
Specific acceptance criteria for the temporary storage of mercury
28. (1) The temporary storage of mercury for more than one year must comply with the requirements in sub-paragraphs (2) to (9).
(2) Mercury must have a mercury content greater than 99.9% by weight and contain no impurities capable of corroding carbon or stainless steel (such as nitric acid solution, chloride salts solutions).
(3) Containers used for the storage of mercury must—
(a) be corrosion and shock resistant and welds must be avoided,
(b) be made of a container material that is carbon steel (ASTM A36/A36M-19) or stainless steel (AISI 304, 316L),
(c) be gas and liquid tight,
(d) have an outer side of the container that is resistant against the storage conditions,
(e) be of a design type that successfully passes the drop test and the leakproofness tests as described in Chapters 6.1.5.3 and 6.1.5.4 of Volume 2 of the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR 2023),
(f) bear a durable stamp (made by punching) mentioning the identification number of the container, the construction material, its empty weight, the reference of the manufacturer and the date of construction, and
(g) bear a plate permanently fixed to the container mentioning the identification number of the acceptance certificate referred to in sub-paragraph (6).
(4) The maximum filling ratio of the container must be 80% by volume to ensure that sufficient ullage is available, and that leakage or permanent distortion of the container cannot occur as a result of an expansion of the liquid due to high temperature.
(5) Containers must be visually inspected before storage and damaged, leaking or corroded containers must not be accepted.
(6) Only containers with an acceptance certificate complying with the requirements set out in sub-paragraphs (7) and (8) may be accepted.
(7) The acceptance certificate must include the following—
(a) the name and address of the waste producer,
(b) the name and address of the person responsible for the filling,
(c) the place and date of filling,
(d) the quantity of the mercury,
(e) the purity of the mercury and, if relevant, a description of the impurities, including the analytical report,
(f) confirmation that the containers have been used exclusively for the transport or storage of mercury, and
(g) the identification numbers of the containers.
(8) The acceptance certificate must be issued by the producer of the waste, or by the person responsible for its management.
(9) The authorised person must retain for 3 years, or a longer period as specified by SEPA in the permit, after termination of storage of mercury—
(a) the acceptance certificate,
(b) all documents relating to the keeping, monitoring and inspection of the mercury during storage, and
(c) all records concerning the destocking, dispatch, destination and intended treatment of the mercury.
CHAPTER 3
Procedure for acceptance of waste at landfills
Basic characterisation
29. (1) Waste may only be accepted at a landfill if it is characterised by its producer or the person responsible for its management to ensure that all information necessary for safe disposal of the waste in the long term is available, including at least the following information—
(a) the source and origin of the waste,
(b) the process producing the waste, including—
(i) a description of the process, and
(ii) the characteristics of its raw materials and products,
(c) the waste treatment applied or a statement of reasons why such treatment is not required under paragraph 10(1) of this schedule,
(d) the composition of the waste, including where relevant, an assessment of it against the relevant limit values in Part 3 of this schedule and, where necessary and available, its other characteristic properties,
(e) the appearance of the waste, including—
(i) smell,
(ii) colour,
(iii) consistency,
(iv) physical form,
(f) the code applicable to the waste under Commission Decision 2000,
(g) in the case of hazardous waste, the relevant properties which render it hazardous according to Annex III of the Waste Framework Directive,
(h) evidence that the waste is not prohibited under paragraph 9 of this schedule,
(i) the landfill class at which the waste may be accepted,
(j) the likely behaviour (including, where relevant, leaching behaviour) of the waste in a landfill and any additional precautions that need to be taken at the landfill as a consequence,
(k) whether the waste can be recycled or recovered.
(2) For waste regularly generated in the same process, the following additional information must be provided—
(a) the compositional range for the individual wastes,
(b) the range and variability of characteristic properties,
(c) if appropriate, the leachability of the wastes determined by—
(i) a batch leaching test,
(ii) a percolation test,
(iii) a pH dependence test,
(d) identification of the key variables to be tested for compliance testing, the frequency of compliance testing and options for simplification of compliance testing,
(e) in the case of waste which is produced in the same process in different installations, the scope of the evaluation which must include a sufficient number of measurements to show the range and variability of the characteristic properties of the waste.
(3) In order to characterise the waste, it must be subject to prior tests in accordance with paragraph 12(c) of this schedule, unless sub-paragraph (4) applies.
(4) Testing is not required in the case of any of the following types of waste—
(a) waste which may be accepted without testing under paragraphs 21 and 25 of this schedule,
(b) waste in respect of which SEPA is satisfied that all the necessary information for the characterisation under sub-paragraph (3) can be provided without testing,
(c) waste in respect of which SEPA is satisfied by way of a documented justification supplied to it that—
(i) the waste is of a type where testing is impractical or appropriate testing procedures and acceptance criteria are not available,
(ii) the waste is of a type which is acceptable at the landfill class in question,
(5) Records of the information obtained for the purposes of characterisation must be retained by the authorised person for at least two years after the date of characterisation.
(6) Any type which may be accepted without testing under sub-paragraph (4) is subject to checking for compliance with its basic characterisation established under this paragraph.
Compliance testing
30. (1) Waste regularly generated in the same process does not require for each batch to be tested as part of its basic characterisation, but may instead be subject to compliance testing in accordance with this paragraph.
(2) Compliance testing must consist of one or more of the tests applied in accordance with paragraph 29 of this schedule and must include—
(a) testing of the key variables established under paragraph 29(2)(d) so as to demonstrate that the waste meets the limit values for those variables,
(b) a batch leaching test using the same method as was used for the test undertaken under paragraph 29(2)(c)(i), and
(c) tests which demonstrate that the waste complies with the results of the characterisation carried out under paragraph 29 and the relevant waste acceptance criteria.
(3) Compliance testing must be carried out at the times established in the characterisation but must not be less frequent than once a year.
(4) Records of compliance testing must be retained by the operator for a period of not less than two years.
PART 4
Minimum monitoring procedures for landfills
31. This Part sets out minimum procedures for monitoring to be carried out to check—
(a) that waste has been accepted for disposal only if it fulfils the relevant waste acceptance criteria,
(b) that the processes within the landfill proceed as required,
(c) that environmental protection systems are functioning fully as intended,
(d) that the conditions of the landfill permit are fulfilled.
Sampling and test methods
32. (1) Sampling and testing is to be carried out in accordance with Part 3 of the Annex to the 2002 Council Decision.
(2) Any tests and analysis under this Part of this schedule for which CEN standards are not available must be approved by SEPA.
Emission data: water, leachate and gas control
33. (1) Samples of leachate or surface water (if present) must be collected at representative points.
(2) Sampling and measuring of the volume and composition of any leachate must be performed separately at each point at which leachate is discharged from the site.
(3) Monitoring of surface water (if present) must take place at least two points, one upstream from the landfill and one downstream.
(4) Gas monitoring must be carried out for each section of the landfill and representative samples must be collected and analysed in accordance with Table 11.
(5) A sample of leachate and water representative of the average composition must be taken for monitoring purposes in accordance with Table 11.
Table 11
Operational phase
After-care phase
(1) The frequency of sampling may be adapted on the basis of the morphology of the landfill waste (in tumulus, buried, etc) (but only if SEPA considers that the conditions of the landfill permit should allow for it).
(2) These do not apply where leachate collection is not required under paragraph 39(2).
(3) Longer intervals may be allowed if the evaluation of data indicates that they would be equally effective. For leachates, the conductivity must always be measured at least once a year.
(4) The parameters to be measured and substances to be analysed vary according to the composition of the waste deposited. They must be specified in the conditions of the landfill permit and reflect the leaching characteristics of the wastes.
(5) On the basis of the characteristics of the landfill site, SEPA may determine that these measurements are not required.
(6) These measurements are related mainly to the content of the organic material in the waste.
(7) CH4, CO2, O2 regularly, other gases as required, according to the composition of the waste deposited, with a view to reflecting its leaching properties.
(8) Efficiency of the gas extraction system must be checked regularly.
Leachate volume
Monthly
Every six months
Leachate composition
Quarterly
Every six months
Volume and composition of surface water
Quarterly
Every six months
Potential gas emissions and atmospheric pressure (CH4, CO2, O 2, H2S, H2 etc)
Monthly
Every six months
Protection of groundwater: sampling
34. (1) The sampling measurements must be sufficient to provide information on groundwater likely to be affected by the discharge from the landfill, with at least one measuring point in the groundwater inflow region and two in the outflow region.
(2) The number of measurements referred to in sub-paragraph (1) may be increased on the basis of a specific hydrogeological survey and the need for an early identification of accidental leachate release in the groundwater.
(3) Sampling must be carried out in at least three locations before the landfilling of waste in order to establish reference values for future sampling.
Protection of groundwater: monitoring
35. (1) The monitoring of groundwater must be carried out in accordance with Table 12.
(2) The parameters to be analysed in the samples taken must be derived from the expected composition of the leachate and the groundwater quality in the area.
(3) In selecting the parameters for analysis, the mobility in the groundwater zone must be taken into account.
(4) Parameters may include indicator parameters in order to ensure an early recognition of change in water quality.
(5) The recommended parameters are pH, TOC, phenols, heavy metals, fluoride, As, oil/hydrocarbons.
Table 12
Operational phase
After-care phase
(1) If there are fluctuating groundwater levels, the frequency must be increased.
(2) The frequency must be based on the possibility for remedial action between two samplings if a trigger level is reached, i.e., the frequency must be determined on the basis of knowledge and the evaluation of the velocity of groundwater flow.
(3) When a trigger level is reached (see paragraph 36), verification is necessary by repeating the sampling. When the level has been confirmed, a contingency plan set out in the landfill permit conditions must be followed.
Level of groundwater
Every six months
Every six months
Groundwater composition
Site-specific frequency
Site-specific frequency
Protection of groundwater: trigger levels
36. (1) Significant environmental effects, as referred to in paragraphs 13(2)(b) and 14(4)(b) of this schedule, should be considered to have occurred in the case of groundwater, when an analysis of a groundwater sample shows a significant change in water quality.
(2) The level at which the effects referred to in sub-paragraph (1) are considered to have occurred (“the trigger level”) must be determined taking account of the specific hydrogeological formations in the location of the landfill and groundwater quality.
(3) The trigger level must be set out in the conditions of a landfill permit whenever possible.
(4) The observations must be evaluated by means of control charts with established control rules and levels for each downgradient well.
(5) The control levels must be determined from local variations in groundwater quality.
Topography of the site: data on landfill body
37. The topography of the site and settling behaviour of the landfill body must be monitored in accordance with Table 13.
Table 13
Operating phase
After-care phase
(1) Data for the status plan of the landfill: surface occupied by waste, volume and composition of waste, methods of depositing, time and duration of depositing, calculation of the remaining capacity still available at the landfill.
Structure and composition of landfill body
Yearly
Settling behaviour of the level of the landfill body
Yearly
Yearly reading
PART 5
General requirements for all landfills
Location
38. (1) The location of a landfill must take into consideration requirements relating to—
(a) the distances from the boundary of the site to residential and recreational areas, waterways, water bodies and other agricultural or urban sites,
(b) the existence of groundwater, coastal water or nature protection zones in the area,
(c) the geological or hydrogeological conditions in the area,
(d) the risk of flooding, subsidence, landslides or avalanches on the site,
(e) the protection of the natural or cultural heritage in the area.
(2) SEPA may issue a permit for a landfill activity only if—
(a) the characteristics of the site with respect of the requirements in sub-paragraph (1), or
(b) the remedial measures to be taken,
indicate that the landfill does not pose a serious environmental risk.
(3) In this paragraph “nature protection zone” means—
(a) land which has been notified under section 3 of the Nature Conservation (Scotland) Act 2004, or
(b) a European site within the meaning of regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994.
Water control and leachate management
39. (1) Appropriate arrangements must 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 landfills for inert waste.
Protection of soil and water and leachate collection and sealing systems
40. (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,
(b) ensure efficient collection of leachate as and when required by paragraph 39 of this schedule.
(2) Soil, groundwater and surface water must 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 must comply with the requirements of sub-paragraph (4) and must also provide sufficient attenuation capacity to prevent a potential risk to soil and groundwater.
(4) The landfill base and sides must 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—
(i) K ≤ 1.0 x 10 – 9 metre per second,
(ii) thickness ≥ 5 metres,
(b) in a landfill for non-hazardous waste—
(i) K ≤ 1.0 x 10 – 9 metre/second,
(ii) thickness ≥ 1 metre,
(c) in a landfill for inert waste—
(i) K ≤ 1.0 x 10 – 7 metre/second,
(ii) 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 and must include an artificial sealing liner and a drainage liner greater than, or equal to, 0.5 metres.
(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 requirements in Table 14—
Table 14
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
Topsoil 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—
(a) it has been decided in accordance with paragraph 39(2) of this schedule 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
41. (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
42. (1) Measures must be taken to minimise the nuisances and hazards arising from the landfill in relation to—
(a) emissions of—
(i) odours,
(ii) dust,
(b) wind-blown materials,
(c) noise and traffic,
(d) birds, vermin and insects,
(e) formation of aerosols,
(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
43. (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
44. (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 the site must contain a programme of measures to detect and discourage illegal dumping at the site.
Site requirements for the temporary storage of mercury
45. (1) A storage site for the temporary storage of mercury for more than one year must comply with the requirements in sub-paragraphs (2) to (12).
(2) Mercury must be stored separately from other waste.
(3) Containers of mercury must—
(a) be stored in collecting basins suitably coated so as to be free of cracks and gaps and impervious to mercury,
(b) have a containment volume adequate for the quantity of mercury stored.
(4) The storage site must—
(a) be provided with engineered or natural barriers that are adequate to protect the environment against mercury emissions,
(b) have a containment volume adequate for the total quantity of mercury stored.
(5) The storage site floor must—
(a) be covered with mercury-resistant sealants, and
(b) have a slope and a collection sump.
(6) The storage site must be equipped with a fire protection system.
(7) Storage must be arranged in a way that ensures that all containers are easily retrievable.
(8) A continuous mercury vapour monitoring system with a sensitivity of at least 0.02 mg mercury/m3 must be installed in the storage site.
(9) The system referred to in sub-paragraph (8) must—
(a) include sensors positioned at ground level and head level,
(b) include a visual and acoustic alert system, and
(c) be maintained annually.
(10) The storage site and the containers must be visually inspected by the authorised person at least once a month.
(11) The authorised person for the landfill must on a leak being detected—
(a) immediately take all necessary action to avoid any emission of mercury to the environment and restore the safety of the storage of the mercury, and
(b) treat the leak as causing significant environmental effects for the purposes of paragraph 13 of this schedule.
(12) Emergency plans and adequate protective equipment suitable for handling mercury must be available on site.”

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Source: https://www.legislation.gov.uk/sdsi/2025/9780111062319/schedule/4 (the official version)
Page: https://openlegislation.uk/draft-environmental-authorisations-scotland-amendment-regulations-2025/schedule-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.