Regulation 2 Amendment of the Pollution Prevention and Control (Scotland) Regulations 2012

For regulation 32A (schedule 1 conditions: materials recovery facilities) of the Pollution Prevention and Control (Scotland) Regulations 2012^f1, substitute—

“Schedule 1 conditions: materials facilities

32A.

(1)

SEPA must ensure that a permit granted or varied on or after 1 April 2025 which authorises the operation of a materials facility contains a condition requiring the operator of the installation of which the facility forms part to comply with the Materials Facilities Code.

(2)

In this regulation—

• “Materials Facilities Code” means the Code of Practice on Sampling and Reporting at Materials Facilities issued by the Scottish Ministers on 24 June 2024,

• “materials facility” means—

  1. (a)

     a materials recovery facility, being a facility where dry recyclable waste is treated in order to separate that waste into a dry waste stream or streams,

  2. (b)

     a facility where dry recyclable waste from more than one supplier is consolidated into bulk quantities—

     1. (i)

        as a first point of consolidation, or

     2. (ii)

        following the first consolidation of bulk quantities, transferred from other suppliers,

     for the purpose of selling or transferring the dry recyclable waste to other facilities or persons to enable that waste to be prepared for re-use or recycling,

• “dry recyclable waste” means separately collected waste, that is—

  1. (a)

     glass,

  2. (b)

     metals,

  3. (c)

     plastics,

  4. (d)

     paper,

  5. (e)

     card (including cardboard),

  6. (f)

     fibre-based composite material,

• “dry waste stream” means a quantity of dry recyclable waste of the same type (such as glass),

• “fibre-based composite material” means packaging material which is made of paperboard or paper fibres, with a layer of plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand,

• “supplier” means—

  1. (a)

     where dry recyclable waste is collected pursuant to arrangements made under section 45(1)(a) or (b) of the 1990 Act^f2 by a waste collection authority within the meaning of section 30(3)(c) of that Act^f3, the waste collection authority, except in a case falling within sub-paragraph (b),

  2. (b)

     where dry recyclable waste has been transferred from another materials facility, the operator of the materials facility from which that waste was transferred,

  3. (c)

     in a case not falling within sub-paragraph (a) or (b), the person who collected the dry recyclable waste, or if that person is not known, the person responsible for delivering it to the materials facility.

(3)

In this regulation, a materials facility does not include a bring site as defined in section 45C(7) of the 1990 Act^f4.”.