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Paragraph 9 Permits: general conditionsF1

(1)

A permit for a schedule 20 emissions activity must include—

(a)

such conditions as SEPA considers appropriate to ensure protection of the soil and groundwater including—

(i)

appropriate requirements for the regular maintenance and surveillance of measures taken to prevent emissions to soil and groundwater,

(ii)

appropriate requirements for periodic monitoring of soil and groundwater in relation to relevant hazardous substances likely to be found on site and having regard to the possibility of soil and groundwater contamination at the site of the installation,

(iii)

for the purposes of head (ii), periodic monitoring of—

(aa)

groundwater must be carried out at least once every 5 years,

(bb)

soil must be carried out at least once every 10 years,

unless SEPA determines that a different frequency of periodic monitoring is appropriate on the basis of a systematic appraisal of the risk of contamination of soil and groundwater,

(b)

conditions to ensure appropriate monitoring and management of waste generated by the installation,

(c)

conditions to ensure suitable emission monitoring requirements specifying measurement methodology, frequency and evaluation procedure,

(d)

conditions relating to conditions other than normal operating conditions such as start-up and shut-down operations, leaks, malfunctions, momentary stoppages and definitive cessation of operations,

(e)

conditions aimed at minimising long-distance or transboundary pollution,

(f)

conditions for assessing compliance with the emission limit values or a reference to the applicable requirements specified elsewhere,

(g)

conditions requiring the authorised person to supply SEPA regularly, and at least annually, with—

(i)

the results of emission monitoring,

(ii)

other necessary information,

(iii)

where paragraph 11(6) of this schedule applies, a summary of the results of emission monitoring which allows a comparison with the emission levels associated with the best available techniques,

enabling SEPA to verify compliance with permit conditions,

(2)

The requirements of this paragraph and paragraph 10 of this schedule apply to the activities listed in paragraph 46(10) without prejudice to animal welfare legislation.

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)