{
  "url": "https://openlegislation.uk/landfill-scotland-regulations-2003/schedule-3/paragraph-3",
  "json_url": "https://openlegislation.uk/landfill-scotland-regulations-2003/schedule-3/paragraph-3.json",
  "legislation": "ssi/2003/208",
  "legislation_title": "The Landfill (Scotland) Regulations 2003",
  "legislation_url": "https://openlegislation.uk/landfill-scotland-regulations-2003",
  "path": "schedule/3/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": "Protection of soil and water and leachate collection and sealing systems",
  "text": "(1) The landfill must be situated and designed so as to –\n(a) provide the conditions for prevention of pollution of the soil, groundwater or surface water; and\n(b) ensure efficient collection of leachate as and when required by paragraph 2.\n(2) Soil, groundwater and surface water is to be protected by the use of a geological barrier combined with–\n(a) a bottom liner during the operational phase of the landfill; and\n(b) a top liner following closure and during the after-care phase.\n(3) The geological barrier shall comply with the requirements of sub-paragraph (4) and shall also provide sufficient attenuation capacity to prevent a potential risk to soil and groundwater.\n(4) The landfill base and sides shall 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–\n(a) in a landfill for hazardous waste: K ≤ 1.0 x 10−9 metre/second: thickness ≥ 5 metres;\n(b) in a landfill for non-hazardous waste: K ≤ 1.0 x 10−9 metre/second: thickness ≥ 1 metre;\n(c) in a landfill for inert waste: K ≤ 1.0 x 10−7 metre/second: thickness ≥ 1 metre.\n(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.\n(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 in accordance with the following table:\nLeachate collection and bottom sealing\nLandfill category\nNon-hazardous\nHazardous\nArtificial sealing liner\nRequired\nRequired\nDrainage liner ≥ 0.5 metres\nRequired\nRequired\n(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 following guidelines:–\nLandfill category\nNon-hazardous\nHazardous\nGas drainage layer\nRequired\nNot required\nArtificial sealing liner\nNot required\nRequired\nImpermeable mineral layer\nRequired\nRequired\nDrainage layer > 0.5 metres\nRequired\nRequired\nTop soil cover > 1 metre\nRequired\nRequired\n(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, having regard in particular to Directive 80/68/EEC–\n(a) it has been decided in accordance with paragraph 2 that the collection and treatment of leachate is not necessary; or\n(b) it is established that the landfill poses no potential hazard to soil, groundwater or surface water.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "O.J. No. L 20, 26.1.80, p.43 as amended by Directive 91/692/EEC O.J. No. L 377, 31.12.91, p.48."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2003/208/schedule/3/paragraph/3",
    "retrieved_at": "2026-10-28T22:36:52.309976+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}