The Landfill (Scotland) Regulations 2003

Regulations 5 and 10(3)(a)(i)

SCHEDULE 3 S GENERAL REQUIREMENTS FOR ALL LANDFILLS

Location S

1.—(1) The location of a landfill must take into consideration requirements relating to–

(a) the distances from the boundary of the site to residential and recreational areas, waterways, water bodies and other agricultural or urban sites;

(b) the existence of groundwater, coastal water or nature protection zones in the area;

(c) the geological or hydrogeological conditions in the area;

(d) the risk of flooding, subsidence, landslides or avalanches on the site; and

(e) the protection of the natural or cultural heritage in the area.

(2) A landfill permit may be issued for the landfill only if–

(a) the characteristics of the site with respect to the requirements in sub-paragraph (1), or

(b) the corrective measures to be taken,

indicate that the landfill does not pose a serious environmental risk.

(3) In this paragraph “nature protection zone” means land which has been notified under section 28 of the Wildlife and Countryside Act 1981 M1 or a European site within the meaning of regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994 M2 .

Marginal Citations

M1 1981 c. 69.

M2 See S.I. 1994/2716.

Water control and leachate management S

2.—(1) Subject to sub-paragraphs (2) and (3), appropriate arrangements shall be made having regard to the characteristics of the landfill and prevailing meteorological conditions in order to –

(a) control rainwater entering the landfill body;

(b) prevent surface water or groundwater from entering into landfilled waste;

(c) collect contaminated water and leachate and treat it to the appropriate standard so it can be discharged.

(2) Arrangements need not be made in accordance with sub-paragraph (1)(c) if SEPA decides that the landfill poses no potential hazard to the environment in view of its location and the kinds of waste to be accepted at the landfill.

(3) This paragraph does not apply to inert landfills.

Protection of soil and water and leachate collection and sealing systems S

3.—(1) The landfill must be situated and designed so as to –

(a) provide the conditions for prevention of pollution of the soil, groundwater or surface water; and

(b) ensure efficient collection of leachate as and when required by paragraph 2.

(2) Soil, groundwater and surface water is to be protected by the use of a geological barrier combined with–

(a) a bottom liner during the operational phase of the landfill; and

(b) a top liner following closure and during the after-care phase.

(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.

(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–

(a) in a landfill for hazardous waste: K ≤ 1.0 × 10^-9 metre/second: thickness ≥ 5 metres;

(b) in a landfill for non-hazardous waste: K ≤ 1.0 × 10^-9 metre/second: thickness ≥ 1 metre;

(c) in a landfill for inert waste: K ≤ 1.0 × 10^-7 metre/second: thickness ≥ 1 metre.

(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.

(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:

Leachate collection and bottom sealing

Landfill category	Non-hazardous	Hazardous
Artificial sealing liner	Required	Required
Drainage liner ≥ 0.5 metres	Required	Required

(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:–

Landfill category	Non-hazardous	Hazardous
Gas drainage layer	Required	Not required
Artificial sealing liner	Not required	Required
Impermeable mineral layer	Required	Required
Drainage layer > 0.5 metres	Required	Required
Top soil cover > 1 metre	Required	Required

(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 F1 ... –

(a) it has been decided in accordance with paragraph 2 that the collection and treatment of leachate is not necessary; or

(b) it is established that the landfill poses no potential hazard to soil, groundwater or surface water.

Textual Amendments

F1 Words in Sch. 3 para. 3(8) omitted (28.2.2019) by virtue of The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 12(5)

Gas control S

4.—(1) Appropriate measures must be taken in order to control the accumulation and migration of landfill gas.

(2) Landfill gas must be collected from all landfills receiving biodegradable waste and the landfill gas must be treated and, to the extent possible, used.

(3) The collection, treatment and use of landfill gas under sub-paragraph (2) must be carried on in a manner which minimises damage to or deterioration of the environment and risk to human health.

(4) Landfill gas which cannot be used to produce energy must be flared.

Nuisances and hazards S

5.—(1) Measures must be taken to minimise the nuisances and hazards arising from the landfill in relation to–

(a) emissions of odours and dust;

(b) wind-blown materials;

(c) noise and traffic;

(d) birds, vermin and insects;

(e) formation of aerosols; and

(f) fires.

(2) The landfill must be equipped so that dirt originating from the site is not dispersed onto public roads and the surrounding land.

Stability S

6.—(1) The placement of waste must ensure stability of all the waste on the site, and associated structures, and in particular must avoid slippages.

(2) Where an artificial barrier is used, the geological substratum must be sufficiently stable, taking into account the morphology of the landfill, to prevent settlement that may cause damage to the barrier.

Site security S

7.—(1) The landfill must be secured to prevent free access to the site.

(2) The gates of the landfill must be locked outside operating hours.

(3) The system of control and access to each facility must contain a programme of measures to detect and discourage illegal dumping in the facility.

[F2 Temporary storage of metallic mercury S

8.— (1) The temporary storage of metallic mercury for more than one year must comply with the requirements in sub-paragraphs (2) to (7).

(2) Metallic mercury must be stored separately from other waste.

(3) Containers of metallic mercury must—

(a) be stored in collecting basins suitably coated so as to be free of cracks and gaps and impervious to metallic mercury; and

(b) have a containment volume adequate for the quantity of mercury stored.

(4) The storage site must—

(a) be provided with engineered or natural barriers that are adequate to protect the environment against mercury emissions; and

(b) have a containment volume adequate for the total quantity of mercury stored.

(5) The storage site floor must—

(a) be covered with mercury-resistant sealants; and

(b) have a slope and a collection sump.

(6) The storage site must be equipped with a fire protection system.

(7) Storage must be arranged in a way that ensures that all containers are easily retrievable.]

Textual Amendments

F2 Sch. 3 para. 8 inserted (1.8.2013) by The Landfill (Scotland) Amendment Regulations 2013 (S.S.I. 2013/222), regs. 1, 2(6)