Paragraph 8 Authorisation conditions: soil samplingF1

SEPA must ensure that an authorisation for the recovery of waste by application to land for the purpose of soil improvement includes such conditions as it considers appropriate to ensure that soil is tested and analysed in accordance with the following conditions—

(a)

soil is tested and analysed—–

(i)

for all the parameters specified in columns (1) and (2) of Table 2 no more than one year prior to the first application to that land,

(ii)

for all subsequent applications, for the parameters and at the frequencies specified in columns (1) and (2) of Table 2,

(b)

for each unit of land (not exceeding 5 hectares) on which waste is to be applied, a representative soil sample is obtained by mixing together 25 core samples, each taken to the depth of the topsoil or 15 centimetres, whichever is deeper,

(c)

soil sampling, handling and testing is conducted in accordance with technical guidance produced by SEPA under regulation 66(2),

(d)

the analysis requisite to ascertain the concentration of metals in samples is carried out following strong acid digestion and the limit of detection for each metal must not exceed 10% of the appropriate limit value set out in Table 1.

Table 2

Soil sampling frequencies

Every 5 years	Every 10 years
Soil pH, Extractable P, Extractable K, Soil texture, Extractable Mg (mg/l dw) if claimed to be of benefit, Any PTE (mg/kg dw) that in previous analysis has shown to exceed 90% of the limit.	Total carbon or organic matter, Cadmium, Copper, Mercury, Nickel, Lead, Zinc.

Every 5 years

Every 10 years

Soil pH,

Extractable P,

Extractable K,

Soil texture,

Extractable Mg (mg/l dw) if claimed to be of benefit,

Any PTE (mg/kg dw) that in previous analysis has shown to exceed 90% of the limit.

Total carbon or organic matter,

Cadmium,

Copper,

Mercury,

Nickel,

Lead,

Zinc.

Annotations

Textual amendments

F1: Sch. 18 inserted (1.6.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(4)(d)(ii), sch. 9 (with reg. 1(5), sch. 23)