The Management of Extractive Waste (Scotland) Regulations 2010

Waste management plan

11.—(1) The waste management plan submitted by the operator of an extractive waste area or waste facility in accordance with regulation 10(2) must plan for the minimisation, treatment, recovery and disposal of extractive waste, take account of the principle of sustainable development, have the objectives in Schedule 1 and include the following—

(a)the identity of the operator;

(b)the location, or proposed location, of the extractive waste area or the waste facility, including in respect of a waste facility any possible alternative locations;

(c)sufficient information and identification to enable the planning authority to evaluate the operator’s ability to meet the objectives of the waste management plan, as detailed in Schedule 1, and explaining in particular how the option and method chosen as detailed in paragraph (a)(i) of that Schedule will fulfil those objectives;

(d)the category, in accordance with paragraph (2), into which the operator considers that the area or facility falls, with appropriate assessment to allow the planning authority to consider whether it agrees with that categorisation, including an identification of possible accident hazards;

(e)waste characterisation in accordance with Schedule 2 and a statement of the estimated total quantities of extractive waste to be produced during the operational phase;

(f)a description of the operation generating such waste and of any subsequent treatment to which it is subject;

(g)a description of how the environment and human health may be adversely affected by the deposit of such waste and the preventative measures to be taken in order to minimise environmental impact during operation and after closure, including the requirements referred to in regulation 22(1)(c), (d), (g) and (h);

(h)whether or not the operator intends to place extractive waste into excavation voids for rehabilitation and construction purposes (whether the voids were created through surface or underground extraction), and, if such placing is intended, details of the proposed control and monitoring procedures—

(i)to secure the stability of the extractive waste pursuant to regulation 22(1)(c) to (e), (g) and (h);

(ii)to prevent the pollution of soil, surface water and groundwater in accordance with regulation 23(1)(a) to (c) and regulation 23(4), and

(iii)to ensure the monitoring of the extractive waste and the excavation void in accordance with regulation 27(a) and (b);

(i)the proposed plan for closure, including rehabilitation, after‑closure procedures and monitoring as provided for in regulation 27;

(j)measures for the prevention of water status deterioration in accordance with Directive 2000/60/EC and for the prevention or minimisation of air and soil pollution pursuant to regulation 23(1); and

(k)if categorised as a waste facility, a survey of the condition of the land affected or to be affected by it.

(2) The options for the proposed categorisation are—

(a)extractive waste area;

(b)waste facility; or

(c)Category A waste facility.

(3) Where a facility is categorised as a Category A waste facility, whether by the operator or the planning authority, the waste management plan shall include a document demonstrating that a major‑accident prevention policy, a safety management system for implementing that policy and an internal emergency plan, all as described in regulation 18, are in effect or will be put into effect in accordance with that regulation prior to start of operation of that facility.

(4) The operator may satisfy the requirements of paragraphs (1) and (3) by reference in the waste management plan to other documentation in the possession of the operator, and where compliance with other national or Community legislation will require the operator to satisfy any of the requirements of those paragraphs, it will be sufficient for the operator to advise the planning authority of the legislation involved and the parts of the waste management plan which will be satisfied in that way.