The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000

Prohibition on holding irrespective of registration S

4.—(1) Subject to paragraphs [F1 (2) to (3D), (5) and (9) to (12)], no person shall, after 31st December 2000, hold–

(a) any PCBs, including any used PCBs; or

(b) any equipment (whether or not that equipment is contaminated equipment)–

(i) which contains PCBs; or

(ii) which, having contained PCBs, has not been decontaminated.

(2) A person may hold–

(a) PCBs, including any used PCBs, or equipment for the purposes of, or in the course of any business, manufacturing process or trade concerned with the decontamination or disposal of PCBs or such equipment;

(b) PCBs, including any used PCBs, which are manufactured, supplied or used solely for the purposes of analysis or research connected with the properties and effects of PCBs, and any equipment used as a receptacle for those PCBs, provided that any such PCBs and equipment are disposed of as soon as possible after the PCBs are no longer required for those purposes.

[F2 (3A) Paragraph (3B) applies to a transformer in respect of which it is reasonable to assume that the fluids contain—

(a) 0.005% by weight, or less, of PCBs, or

(b) a total volume of 0.05 dm³, or less, of PCBs.

(3B) A transformer to which this paragraph applies—

(a) may be held until the end of its useful life, and

(b) must then be decontaminated in accordance with paragraph (4)(b) to (d), or disposed of, as soon as possible.

(3C) Paragraph (3D) applies to a transformer in respect of which it is reasonable to assume that the fluids contain—

(a) more than 0.005% but no more than 0.05% by weight of PCBs, and

(b) a total volume of more than 0.05 dm³ of PCBs.

(3D) A transformer to which this paragraph applies—

(a) may be held until the end of 31 December 2025, and

(b) must then be decontaminated in accordance with paragraph (4)(b) to (d), or disposed of, as soon as possible.]

(4) A transformer in respect of which it is reasonable to assume that the fluids contain more than 0.05% by weight shall be decontaminated under the following conditions:–

(a) the objective of the decontamination must be to reduce the content of PCBs in the fluid to [F3 0.005% by weight, or less, or a total volume of 0.05 dm³, or less];

(b) the replacement fluid not containing PCBs must entail markedly lesser risks;

(c) the replacement of the fluid must not compromise the subsequent disposal of the PCBs; and

(d) the labelling of the transformer must be replaced by the labelling specified in Schedule 2 to these Regulations after its decontamination.

(5) SEPA may, on an application in writing (or in an electronic form acceptable to SEPA) made by a holder and if they are satisfied as to the matters specified in paragraph (7), by a direction in writing (or in electronic form) given to the holder before 31st December 2000 provide that paragraph (1) shall not apply in relation to such equipment as is specified in the direction, until such date, being after 31st December 2000 but before 1st January 2008, as shall be specified in the direction; but no such direction shall have effect, unless it is confirmed by the Scottish Ministers.

(6) The Scottish Ministers may confirm a direction under paragraph (5) with or without modifications or may refuse to confirm it.

(7) The matters referred to in paragraph (5) are–

(a) that the equipment will be replaced as part of a major programme for the replacement of an installation or plant of which the equipment is part (“the programme”);

(b) that the programme was approved by the owner or other person in control of the operation of the installation or plant before the date on which these Regulations are made;

(c) that the equipment will be disposed of by the date to be specified in the direction;

(d) that to require the disposal of the equipment before that date would disrupt the programme to a significant extent; and

(e) that all reasonable precautions have been taken to secure that PCBs cannot escape from the equipment pending its disposal.

(8) Equipment in respect of which a direction is given and has effect under paragraph (5) shall, unless decontaminated or disposed of before the date specified in the direction, be disposed of on that date.

[F4 (9) Paragraph (10) applies to any equipment containing PCBs—

(a) which is equipment to which none of paragraphs (2) to (3D), (5) and (11) to (12) applies,

(b) which is not contaminated equipment, and

(c) which is part of other equipment which is also not contaminated equipment.

(10) Equipment to which this paragraph applies—

(a) may be held until that other equipment referred to in paragraph (9)(c) is taken out of use, recycled or disposed of, or until the end of 31 December 2025, whichever occurs earlier, and

(b) must then, where reasonably practicable, be removed and collected separately from that other equipment.

(11) Paragraph (12) applies to any equipment containing PCBs—

(a) which is equipment to which none of paragraphs (2) to (3D), (5) and (9) to (10) applies,

(b) which is relevant equipment, and

(c) which is part of other equipment which is also relevant equipment.

(12) Equipment to which this paragraph applies—

(a) may be held until that other equipment is taken out of use, recycled or disposed of, and

(b) must then, where reasonably practicable, be removed and collected separately from that other equipment.

(13) In paragraph (11), “relevant equipment” means any equipment (including any capacitor or receptacle containing residual stocks) which—

(a) contains PCBs, or

(b) having contained PCBs, has not been decontaminated,

other than equipment which contains a total volume of PCBs exceeding 0.05 dm³.

(14) For the purposes of paragraph (13)—

(a) the PCB volume of a power capacitor shall be measured by reference to all of the separate elements of a combined set, and

(b) any thing of a type which may contain PCBs shall be treated as containing PCBs unless it is reasonable to assume the contrary.]

Textual Amendments

F1 Words in reg. 4(1) substituted (14.2.2021) by The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/434), regs. 1, 2(3)(a)

F2 Reg. 4(3A)-(3D) substituted for reg. 4(3) (14.2.2021) by The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/434), regs. 1, 2(3)(b)

F3 Words in reg. 4(4)(a) substituted (14.2.2021) by The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/434), regs. 1, 2(3)(c)

F4 Reg. 4(9)-(14) substituted for reg. 4(9) (14.2.2021) by The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/434), regs. 1, 2(3)(d)