Environmental Protection Citation and commencement 1 These Regulations may be cited as the Landfill (Scotland) Amendment Regulations 2013 and come into force on 1st August 2013. Amendment of the Landfill Regulations 2 1 The Landfill (Scotland) Regulations 2003 are amended in accordance with paragraphs (2) to (7). 2 In regulation 2 (interpretation)— a in paragraph (1)— i after the definition of “landfill” insert— “Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste , as read with Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to that Directive ; ; ii after the definition of “leachate” insert— “Mercury Regulation” means Regulation (EC) No 1102/2008 of the European Parliament and of the Council on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury ; ; and iii omit from “; and” in the fourth place where it occurs to the end of that paragraph; and b after paragraph (1A), insert— 1B Expressions not defined in paragraph (1) and used in these Regulations and in the Landfill Directive have the same meaning as in that Directive. . 3 In regulation 10 (conditions to be included in landfill permits), in paragraph (3), insert after sub-paragraph (a)— aa appropriate conditions for ensuring compliance with the Landfill Directive; and . 4 After regulation 10, insert— Permits relating to storage of metallic mercury 10A For the purposes of Article 5(1) of the Mercury Regulation, SEPA must send to the Scottish Ministers— a a copy of any landfill permit issued for a landfill authorised to store metallic mercury either temporarily or permanently; and b the safety assessment prepared for the purposes of Article 4(1) of that Regulation. . 5 In regulation 11 (prohibition of acceptance of certain wastes at landfills)— a after paragraph (2A) insert— 2B Paragraph (1)(a) does not prohibit the temporary storage for more than one year at a landfill of metallic mercury that is considered a waste in accordance with the Landfill Directive and the Mercury Regulation. ; and b after paragraph (3) insert— 3A For the purposes of paragraph (2B), metallic mercury is considered a waste if it is mercury— a that is no longer used in the chlor-alkali industry; b gained from the cleaning of natural gas; c gained from non-ferrous mining and smelting operations; or d extracted from cinnabar ore in the European Union as from 15th March 2011. . 6 In Schedule 3 (general requirements for all landfills), insert at the end— Temporary storage of metallic mercury 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. . 7 In Schedule 4 (minimum monitoring procedures for landfills), insert at the end— Specific requirements for metallic mercury 7 1 The temporary storage of metallic mercury for more than one year must comply with the requirements in sub-paragraphs (2) to (7). 2 A continuous mercury vapour monitoring system (“the system”) with a sensitivity of at least 0.02 mg mercury/m 3 must be installed in the storage site. 3 The system must— a include sensors positioned at ground level and head level; b include a visual and acoustic alert system; and c be maintained annually. 4 The storage site and the containers must be visually inspected by a person authorised by SEPA at least once a month. 5 The operator of the landfill must on a leak being detected— a immediately take all necessary action to avoid any emission of mercury to the environment and restore the safety of the storage of the mercury; and b treat the leak as having significant adverse environmental effects for the purposes of regulation 16. 6 Emergency plans and adequate protective equipment suitable for handling metallic mercury must be available on site. 7 The operator must retain for 3 years after termination of storage of metallic mercury— a the acceptance certificate; b all documents relating to the keeping, monitoring and inspection of the mercury during storage; and c all records concerning the destocking, dispatch, destination and intended treatment of the mercury. 8 In this paragraph, “acceptance certificate” means the certificate for the purposes of the first paragraph of Point C of Section 6 of Annex II of the Landfill Directive that must accompany a metallic mercury container on acceptance at the landfill. . RICHARD LOCHHEAD A member of the Scottish Government St Andrew’s House, Edinburgh 27th June 2013