Response 38141066

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Avonbridge & Standburn Community Council

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Avonbridge & Standburn Community Council

Part 2: Policy Overview

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Comments on Part 6 – Waste’ which refers specifically to sewage sludge and other waste products. We have a few principle points we wish to make before highlighting specific clauses in the document. 1. Much of the proposed Integrated Authorisation Framework relies on the proposed Fit and Proper Person test (FPP). The proposed criteria as listed in clause 3.5.22 of the main document is insufficient and a definitive test, fully applicable in all cases, must be drafted before we can endorse these proposals. 2. As SEPA is set to become the principle agency for the enforcement of the proposed legislation and regulations, then the agency must ensure they have sufficient resources available to do this. Currently many offensive activities and blatant flouting of regulations take place overnight or at weekends when there is limited availability of staff. How will this be addressed and can SEPA ensure cover 24 hours a day 7 days a week in order to properly police and regulate the waste industry? 3. Currently the Integrated Authorisation Framework makes no provision for the regulation, the introduction of planning consent for, or the monitoring of, waste lagoons. Please explain why this hasn’t been included and amend the draft accordingly. 4. In discussions, emails and letters over the last 18 months, the Scottish Government officials have promised a new study on the health impacts of the spreading of sewage sludge on land. Please confirm the proposed Framework will be updated to include any recommendations resulting from this study. 5. The voluntary best practice promoted in the Safer Sludge Matrix is as yet not covered by the Authorisation Framework; please explain why not and how this will be addressed. 6. Where will operator licence applications be advertised or displayed in order for them to be viewed by members of the public or concerned neighbours etc.? Licence applications, as is the case for planning applications, should be available to view, subject to comment and, if necessary, open to objection prior to authorisation being issued. How can this be achieved? Item specific responses relating to Part 6 – Waste 6.1.3 Aims: - The framework should aim to eliminate abuse, not just make it more difficult. 6.1.4 This section should also include the Safer Sludge Matrix recommendations and the recommendations of newly instructed research when available. 6.1.6 Duty of Care obligations – S.34 EPA 1990 – How will the transfer, transportation and storage of material be dealt with if these obligations are not included? Please confirm who is responsible for enforcing the Waste (Scotland) Regulations 2012? 6.1.7 A final draft of the FPP test is required. 6.3.4 If the proposed universal outcomes are to use best practice then the best practice proposals must be incorporated into the Legislation. In our experience contractors and operators within the industry will not voluntarily comply. 6.3.10 Currently the building and operation of waste lagoons is not covered by planning or licensing this omission must be addressed so they are included in the enforcement procedure. 6.4.18 Please confirm whether or not this section relates to Mobile Plant licences. We would suggest the existing Waste Management licences are checked to ensure they conform to the requirements of the new Legislation and the operators comply with the FPP. 6.4.22 Is this a reference to waste lagoons? Application of waste to land for benefit of existing soils 6.4.29 – 6.5.2 This section is welcomed but does not set out firm proposals and does not provide the details of the proposed legislation covering sewage sludge. Please confirm when the detailed proposals will be available for consideration. Furthermore, please note there is no reference to waste lagoons in this section and this is an area that clearly needs to be addressed.