Paragraph 15 Environmental inspectionsF1
SEPA must—
conduct environmental inspections of schedule 20 emissions activities,
regularly draw up programmes for environmental inspections based on the environmental inspection plan, including the frequency of site visits for different types of installations.
The period between site visits for the purpose of an environmental inspection carried out under the environmental inspection plan, and not falling under sub-paragraphs (3) or (5) must be based on a systematic appraisal of risk and must not exceed—
one year for installations posing the highest risk,
three years for installations posing the lowest risk.
SEPA must conduct an environmental inspection to investigate as soon as possible—
serious environmental complaints,
serious environmental accidents,
serious incidents and occurrences of non-compliance.
SEPA may conduct an environmental inspection—
before granting a permit,
upon the review or variation of a permit.
An additional site visit must take place within 6 months of any environmental inspection which identifies an important case of non-compliance with permit conditions.
SEPA must prepare a report on each site visit describing—
findings regarding compliance with the permit,
conclusions on whether any further action is needed.
SEPA must provide a copy of a site visit report prepared in accordance with sub-paragraph (6) to the authorised person within 2 months of the site visit taking place.
SEPA must include the particulars of a site visit report in the register within 4 months of the site visit taking place.
SEPA must ensure that the authorised person takes all necessary actions identified in a site visit report within a reasonable period of time as assessed by SEPA.
In this paragraph—
“site visit” includes any measures undertaken to check compliance at a site,
“systematic appraisal of risk” means an appraisal by SEPA of the environmental risks of an installation based on—
- (a)
the potential and actual impacts on human health and the environment taking into account the levels and types of emissions, the sensitivity of the local environment and the risk of accidents,
- (b)
the record of compliance with permit conditions,
- (c)
participation by the authorised person in an environmental management and audit scheme.
- (a)
Annotations
Textual amendments
- F1
Sch. 20 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 11 (with sch. 23)