Paragraph 14 Authorisation conditions: closure and after-care procedures for landfillsF1

(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.

Annotations

Textual amendments

F1: Sch. 13 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 4 (with sch. 23)