- Draft legislation
This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Pollution Prevention and Control (Scotland) Regulations 2012 ISBN 978-0-11-101851-4
54.—(1) SEPA must carry out an environmental inspection of a Part A installation.
(2) SEPA must, in particular, ensure that an environmental inspection is carried out—
(a)to investigate as soon as possible—
(i)serious environmental complaints,
(ii)serious environmental accidents, and
(iii)incidents and occurrences of non-compliance, and
(b)where appropriate, before granting a permit and on the review or variation of a permit.
(3) The period between site visits for the purpose of an environmental inspection must be based on a systematic appraisal of risk, and must not exceed—
(a)one year for an installation posing the highest risk,
(b)three years for an installation posing the lowest risk.
(4) An additional site visit must take place within 6 months of the identification in an environmental inspection of an important case of non-compliance with permit conditions.
(5) SEPA must prepare a report on a site visit (a “site visit report”) describing its—
(a)findings regarding compliance with the permit, and
(b)conclusions on whether any further action is needed.
(6) SEPA must notify a site visit report to the operator of the installation within 2 months of the site visit taking place.
(7) SEPA must include the particulars of a site visit report in the register within 4 months of the site visit taking place.
(8) In this regulation, “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, and
(c)participation by the operator in the Union eco-management and audit scheme under Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)(1).
OJ L 342, 22.12.2009, p.1.
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