Environmental Protection PART 1 General Citation and commencement 1 1 These Regulations may be cited as the Environmental Authorisations (Scotland) Amendment Regulations 2025. 2 These Regulations come into force on 1 November 2025 except as provided in paragraphs (3) to (5). 3 Regulations 1, 2, 8, 11 to 18, 20, 21, 23 to 32, 34 and 36 come into force on 1 June 2025. 4 Subject to paragraph (5), the following regulations come into force on 1 June 2025— a regulation 4, b regulation 6, insofar as new regulation 3(1)(a) and (c), and (2B) to be inserted into the 2018 Regulations, c regulation 7, insofar as the definitions of “radioactive substances activity” and “waste management activity” to be inserted into the 2018 Regulations, d regulation 9— i paragraph (1) insofar as new regulation 6(1)(a), (c) and (j) to be inserted into the 2018 Regulations, ii paragraph (2), insofar as it relates to schedules 2 and 9 to be inserted into the 2018 Regulations. 5 Notwithstanding the coming into force of the regulations as specified in sub-paragraph (4), during the period between and including 1 June 2025 and 31 October 2025— a the definition of “waste management activity” in regulation 7, b “ waste management activity ” for the purposes of new regulation 3(1)(c) as inserted into the 2018 Regulations, and c the provisions of schedule 2 inserting new schedule 11 into the 2018 Regulations, apply only insofar as they relate to the activities described in paragraph 1(1) of new schedule 18 of the 2018 Regulations to be inserted by schedule 9 of these Regulations, that is, the recovery of waste by application to land for the purpose of soil improvement, and the temporary storage of waste at the place where it is to be used for that purpose. Interpretation 2 In these Regulations— “ the 2013 Regulations ” means the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013 , “ the 2018 Regulations ” means, except in schedule 23, the Environmental Authorisations (Scotland) Regulations 2018 . PART 2 Amendment of the 2018 Regulations Amendment of the 2018 Regulations 3 The 2018 Regulations are amended in accordance with regulations 4 to 40. Amendment of regulation 2(1) (interpretation) 4 1 In regulation 2(1) (interpretation), the following definitions are inserted— a before the definition of “assimilated law”, insert— “ the 2000 Commission Decision ” means Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (notified under document number C(2000) 1147) , “ the 2013 Regulations ” means the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013 , “ abstraction ” means the doing of anything whereby any water is removed or diverted by mechanical means, pipe or any engineering structure or works from any part of the water environment, whether temporarily or permanently, including anything whereby the water is so removed or diverted for the purpose of being transferred to another part of the water environment, and includes— the construction or extension of any well, borehole, water intake or other work by which water may be abstracted, and the installation or modification of any machinery or apparatus by which additional quantities of water may be abstracted by means of a well, borehole, water intake or other work, “ asbestos ” includes any of the following fibrous silicates— actinolite, amosite, anthophyllite, chrysotile, crocidolite, tremolite, , b after the definition of “authorised place”, insert— “ broker ” means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste, “ CEN ” means the European Committee for Standardization (CEN), , c after the definition of “charging scheme”, insert— “ coastal water ” means water (other than groundwater) within the area extending landward from the 3 mile limit up to the limit of the highest tide or, where appropriate, the seaward limits of any bodies of transitional water, but does not include any water beyond the seaward limits of the territorial sea of the United Kingdom adjacent to Scotland, “ co-incineration ” means— the use of waste as a regular or additional fuel in a co-incineration plant, or the thermal treatment of waste for the purposes of disposal in a co-incineration plant, “ coke ” means a black material made from coal that is used as fuel for heating, “ collection ” means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility, “ combustion plant ” means any technical apparatus in which fuels are oxidised in order to use the heat thus generated, , d after the definition of “consolidated authorisation”, insert— “ dealer ” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste, “ disposal ” in relation to waste, means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy and includes, but is not limited to, the activities listed in Annex I of the Waste Framework Directive, “ electrical and electronic equipment ” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current, , e after the definition of “electronic communication” insert— “ emission ” means the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation or plant into air, water or land, “ emission limit value ” means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during one or more periods of time, , f after the definition of “enforcing officer” insert— “ fuel ” means any solid, liquid, or gaseous combustible material, , g after the definition of “general binding rules” insert— “ groundwater ” means water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil, “ groundwater hazardous substances ” means substances which have been identified by SEPA in accordance with regulation 24A of the 2013 Regulations, “ harm to the water environment ” means— harm to the health of human beings or other living organisms, harm to the quality of the water environment, including— harm to the quality of the water environment taken as a whole, other impairment of, or interference with, the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, offence to the senses of human beings, damage to property, or impairment of, or interference with, amenities or other legitimate uses of the water environment, “ hazardous substance ” means a hazardous substance or mixture as defined in Article 3 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures , “ hazardous waste ” means waste that is— listed as hazardous in the 2000 Commission Decision, determined to be hazardous pursuant to regulation 2ZA of the Special Waste Regulations 1996 , or a specific batch of waste which is determined to be hazardous waste pursuant to regulation 2ZB of the Special Waste Regulations 1996, “ ISO ” means International Organization for Standardization (ISO), “ impounding works ” means in relation to surface water— any dam, weir or other works by which water may be impounded, any works diverting the flow of water in connection with the construction or alteration of any dam, weir or other works falling within sub-paragraph (a), “ incineration ” means the thermal treatment of waste with or without recovery of the combustion heat generated, “ industrial emissions activity ” has the meaning given in regulation 4 and schedule 19, , h after the definition of “inland water”, insert— “ land ” includes land covered by waters where the land is above the low water mark of ordinary spring tides, “ landfill ” has the meaning given in paragraph 2 of schedule 13, “ landfill activity ” has the meaning given in paragraph 3 of schedule 13, “ large combustion plant ” has the meaning given in paragraph 1(2) of schedule 21, “ loch ” means a body of standing inland water, “ municipal waste ” means— mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, biowaste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture, mixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households, but does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or waste generated by construction and demolition activities, “ non-hazardous waste ” means waste which is not hazardous waste, “ operating a medium combustion plant ” has the meaning given in paragraph 1 of schedule 27, “ organic solvents emissions activity ” has the meaning given in paragraph 2 of schedule 23, , i after the definition of “off-site condition”, insert— “ other emissions activity ” has the meaning given in regulation 4 and schedule 26, , j after the definition of “owner”, insert— “ petrol vapour recovery activity ” has the meaning given in paragraph 2 of schedule 28, “ pollution ” means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into air, water or land which may be harmful to human health, or cause offence to any human sense, or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment, , k after the definition of “radioactive substances activity”, insert— “ rated thermal input ” means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel expressed as megawatts thermal, “ recovery ” means, in relation to waste, any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy and includes, but is not limited to the activities listed in Annex II of the Waste Framework Directive, “ recovery of waste by application to land for the purpose of soil improvement ” has the meaning given in paragraphs 2 and 3 of schedule 18, “ recycling ” means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original purpose or for other purposes, including reprocessing of organic materials, but excluding energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations, , l after the definition of “relevant function”, insert— “ reuse ” means any operation by which products and components that are not waste are used again for the same purpose for which they were conceived, , m after the definition of “revocation notice”, insert— “ schedule 20 emissions activity ” means an activity listed in Part 4 of schedule 20 where the installed capacity is at or above any applicable threshold in Part 4, whether or not the activity is carried on below the threshold, , n after the definition of “SEPA”, insert— “sewer”, “public sewer”, “ private sewer ”, “ sewage treatment works ” and “ sewage ” have the meanings given in section 59(1) of the Sewerage (Scotland) Act 1968 , “ shellfish ” includes crustaceans and molluscs of any kind, and includes any brood, ware, half-ware, spat or spawn of shellfish, , o after the definition of “standard conditions”, insert— “ storage ” in relation to waste, includes keeping, managing or depositing waste, “ substance ” includes any chemical element and its compounds (including bacteria and other pathogens), “ surface water ” means inland water (other than groundwater), transitional water and coastal water, , p after the definition of “technical schedule”, insert— “ the 3 mile limit ” means the limit consisting of a line every point of which is at a distance of 3 miles on the seaward side from the nearest point of the baseline from which the breadth of the territorial sea of the United Kingdom adjacent to Scotland is measured, and “ miles ” means international nautical miles of 1,852 metres, “ the water environment ” means all surface water, groundwater and wetlands, “ titanium dioxide activity ” has the meaning given in paragraph 1 of schedule 24, “ transitional water ” means water (other than groundwater) in the vicinity of river mouths which partly saline in character as a result of its proximity to coastal water but which is substantially influenced by freshwater flows, “ treatment ” means in relation to waste, recovery or disposal operations, including preparation prior to recovery or disposal, , q for the definition of “waste”, substitute— “waste”, except where otherwise defined— in relation to schedule 8 and Chapter 1 of schedule 9, means any substance or article which the holder discards or intends or is required to discard, in any other case has the meaning given in section 75(2) of the Environmental Protection Act 1990 and read in accordance with section 75A of that Act, “ waste oil ” means any mineral or synthetic lubrication or industrial oil which have become unfit for the use for which it was originally intended, such as used combustion engine oil and gearbox oil, lubricating oil, oil for turbines and hydraulic oils, “ waste prevention ” means measures taken before a substance, materials or product has become waste, which reduce— the quantity of waste, including through the re-use of products or the extension of the life span of products, the adverse impacts of the generated waste on the environment and human health, or the content of hazardous substances in materials and products, “ Waste Framework Directive ” means Directive 2008/98/EC of the European Parliament and of the Council on waste , “ waste electrical and electronic equipment ” means electrical or electronic equipment which is waste, including all components, subassemblies and consumables which are part of the product at the time of discarding, “ waste management activity ” has the meaning given in regulation 4 and schedule 11, “ water activity ” has the meaning given in regulation 4 and schedule 10, “ WEEE ” means waste electrical and electronic equipment, “ wetland ” means an area of ground the ecological, chemical and hydrological characteristics of which are attributable to frequent inundation or saturation by water and which is directly dependent, with regard to its waters needs, on a body of groundwater or a body of surface water. . New regulation 2A (interpretation: best available techniques (“ BAT ”) 5 After regulation 2 (interpretation), insert— Interpretation: best available techniques (“ BAT ”) 2A 1 For the purposes of these Regulations— “best available techniques (“ BAT ”)” means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing the basis for emission limit values and other authorisation conditions designed to prevent, and where that is not practicable, to reduce emissions and the impact on the environment as a whole. 2 In paragraph (1)— a “ techniques ” includes both the technology used and the way in which an installation is designed, built, maintained, operated and decommissioned, b “ available techniques ” means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced within the United Kingdom as long as they are reasonably accessible to the operator, c “ best ” means most effective in achieving a high general level of protection of the environment as a whole. . Amendment of regulation 3 (interpretation: regulated activity) 6 In regulation 3 (interpretation: regulated activity)— a for paragraph (1), substitute— 3 1 In these Regulations, “ regulated activity ” means— a a radioactive substances activity, b a water activity, c a waste management activity, d an industrial emissions activity, e an other emissions activity. , b after paragraph (2), insert— 2A Paragraph 2 does not apply to a person carrying on a water activity. 2B For the purposes of paragraph 2, in relation to a waste management activity (other than the transportation of waste), “ domestic activity ” does not include an activity in relation to household waste carried on outwith the curtilage of the private dwelling or place of residence from which the waste arises. , c after paragraph (3), insert— 4 Where a person carries on an activity which meets the definitions of more than one of the regulated activities in regulation 4 and as specified in paragraph (1)(a) – (e) of this regulation, that person carries on each of those regulated activities. . Amendment of regulation 4 (interpretation: radioactive substances activity) 7 For regulation 4 (interpretation: radioactive substances activity), substitute— Interpretation: regulated activities 4 In these Regulations— “ industrial emissions activity ” means— an activity listed in Part 4 of schedule 20 (“a schedule 20 emissions activity”), operating a large combustion plant, incineration and co-incineration of liquid and solid waste at a waste incineration plant or waste co-incineration plant, an organic solvent emissions activity, a titanium dioxide activity, “ other emissions activity ” means— an activity listed in Part 3 of schedule 26, operating a medium combustion plant, a petrol vapour recovery activity, “ radioactive substances activity ” means an activity involving either or both— radioactive material, radioactive waste, “ waste management activity ” means— the storage, treatment (including sorting), recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites, the collection and transport of waste on a professional basis, acting as a dealer or broker, in or on land, or in the vicinity of land when connected with a waste management activity taking place on land, “ water activity ” means— any activity liable to cause the direct or indirect introduction, as a result of human activity, of any substance or heat into the water environment which may give rise to harm to the water environment, abstraction of water from the water environment, construction or alteration of impounding works in inland water (other than in groundwater) or wetland, operation of impounding works in surface water or wetland, carrying out building or engineering works, or works other than those referred to in sub-paragraphs (c) or (d)— in inland water (other than groundwater) or wetland, or in the vicinity of inland water (other than groundwater) or wetland and having or likely to have a significant adverse impact on the water environment, artificial recharge or augmentation of groundwater, the direct or indirect discharge, and any activity likely to cause a direct or indirect discharge, into groundwater of— any groundwater hazardous substance, or any other substance or heat liable to cause harm to the water environment, any other activity which directly or indirectly has or is likely to have a significant adverse impact on the water environment. . Amendment of regulation 5 (interpretation: authorised person) 8 In regulation 5 (interpretation: authorised person)— a in paragraph (2)(c), in the opening words, for “the” substitute “an” , b after paragraph (3), insert— 4 Where a person becomes an authorised person— a as a result of the operation of paragraph (2), b in respect of an activity which is carried on in accordance with a permit or a registration, and c there is a regulatory notice, surrender notice or costs recovery notice in effect in respect of that permit or registration, the duty to comply with the notice is transferred to that person. . Amendment of regulation 6 (interpretation: technical schedule) 9 1 For regulation 6 (interpretation: technical schedule), substitute— Interpretation: technical schedules 6 1 The technical schedules are— a schedule 8 (radioactive substances activities), b schedule 10 (water activities), c schedule 11 (waste management activities), d schedule 12 (hazardous waste mixing and waste oil mixing, and treatment of waste oil activities), e schedule 13 (landfill activities), f schedule 14 (management of separately collected recyclable waste and operation of a materials facility), g schedule 15 (management of waste vehicles), h schedule 16 (management of waste electrical and electronic equipment), i schedule 17 (management of waste batteries), j schedule 18 (recovery of waste by application to land for the purpose of soil improvement), k schedule 19 (industrial emissions activities), l schedule 20 (schedule 20 emissions activities), m schedule 21 (operating a large combustion plant), n schedule 22 (incineration and co-incineration of waste at a waste incineration plant or waste co-incineration plant), o schedule 23 (organic solvent emissions activities), p schedule 24 (titanium dioxide activities), q schedule 25 (energy efficiency requirements for specified activities), r schedule 26 (other emissions activities), s schedule 27 (operating a medium combustion plant), t schedule 28 (petrol vapour recovery activities). 2 If a provision of a technical schedule is inconsistent with any other provision of these Regulations, the provision in the technical schedule prevails to the extent of that inconsistency. . 2 Schedules 1 to 19 of these Regulations are inserted as schedules 10 to 28 of the 2018 Regulations. Amendment of regulation 10 (general binding rules) 10 In regulation 10 (general binding rules)— a for paragraph (1), substitute— 1 Subject to paragraph (4), a regulated activity specified in column 1 of the relevant Chapter of Part 1 of schedule 9 is authorised under these Regulations if it is carried on in compliance with the rules (“ general binding rules ”) specified for that activity in column 2 of the corresponding Chapter in Part 1 of the schedule. , b after paragraph (3), insert— 4 A regulated activity specified in Chapter 1 of Part 1 of schedule 9, is authorised under these Regulations to the extent that any substance is a radioactive substance and is not authorised to the extent that the activity would, if no account were to be taken of any radioactive substance, constitute a regulated activity. . Amendment of regulation 17 (form and content of a registration) 11 In regulation 17 (form and content of a registration)— a in paragraph (1)(c), for “the” where it first appears, substitute “any” , b in paragraph (2), for “the”, substitute “any” , c in paragraph (5)— i omit “either or both”, ii after sub-paragraph (b), at the end, insert— , c any standard conditions, in circumstances where no standard conditions were specified at the time the registration was granted . Amendment of regulation 19 (variation of registrations) 12 In regulation 19(1) (variation of registrations), insert “or more” after “one” . Amendment of regulation 22 (form and content of permits) 13 In regulation 22(3) (form and content of permits), after “granting”, insert “or varying” . Amendment of regulation 24 (review of permits) 14 In regulation 24 (review of permits)— a re-number the existing provision as paragraph (1), b after paragraph (1) as re-numbered, insert— 2 Where SEPA carries out a review under paragraph (1), any fee payable under a charging scheme for that review is payable by the authorised person. . Amendment of regulation 28 (effect of transfer) 15 In regulation 28(1) (effect of transfer), for “permit being transferred”, substitute “registration or permit being transferred” . Amendment of regulation 30 (surrender of registration or permit) 16 In regulation 30(c)(ii) (surrender of registration or permit), after “registration”, insert “or permit” . Amendment of regulation 31 (revocation of permits and registrations) 17 For regulation 31(revocation of permits and registrations), substitute— 31 1 SEPA may at any time revoke (in whole or in part) a permit or registration by— a serving a notice (a “revocation notice”) on the authorised person, or b where paragraph (2) or (3) applies— i publishing a revocation notice on its website, and ii sending a copy of the revocation notice to the last known address of the authorised person. 2 This paragraph applies where the authorised person is a sole operator who has died and— a an executor has not been appointed to that person’s estate, or b following the appointment of an executor, the estate has been wound up and the executor discharged. 3 This paragraph applies where the authorised person is a body corporate that has been dissolved. 4 In this regulation— “ dissolved ” means dissolved under the law of Scotland, England and Wales, or Northern Ireland (whether or not by a process referred to as dissolution), “ wound up ” means wound up under the law of Scotland, England and Wales or Northern Ireland. . Amendment of regulation 33 (determining and revising standard conditions) 18 In regulation 33 (determining and revising standard conditions), at the end, insert— 4 SEPA may include such conditions as it thinks fit in any standard conditions. . Amendment of regulation 37 (power to require the provision of information) 19 In regulation 37(2)(b)(iii) (power to require the provision of information), after “waste” both times it appears, insert, “, including radioactive waste,” . Amendment of regulation 38 (register) 20 In regulation 38 (register)— a in paragraph (3), at the end insert “unless otherwise specified in relation to a particular entry.” , b after paragraph (4), insert— 5 Information contained in the register as to a permit or registration, the authorised person in relation to that permit or registration, the conditions of that permit or registration, and whether it is in force, suspended or revoked is, in the absence of evidence to the contrary, proof in any proceedings of that permit or registration, the authorised person in relation to that permit or registration, the conditions of that permit or registration and whether it is in force, suspended or has been revoked. 6 A certified extract from the register is admissible without further proof in evidence in any proceedings. 7 For avoidance of doubt, this regulation applies to information contained in the register as to a deemed permit or deemed registration. 8 In this regulation, “ a certified extract ” means a document certified to be a true extract from the register by any person having authority from SEPA to certify it. . Amendment of regulation 41 (application for commercial confidentiality) 21 In regulation 41 (application for commercial confidentiality), after paragraph (1), insert— 1A Where an application for commercial confidentiality is made to SEPA, any fee payable under a charging scheme for the application is payable by the applicant or the authorised person, as appropriate. . Amendment of regulation 46 (regulatory notices) 22 In regulation 46(5)(b) (regulatory notices), after “waste”, insert “, including radioactive waste,” . Amendment of regulation 51 (costs recovery notices) 23 In regulation 51(costs recovery notices)— a in paragraph (1), for “, and up to the time of, service of the notice (a “costs recovery notice”)”, substitute— — a a regulatory notice, b a revocation notice, c steps taken by SEPA, or arrangements made by SEPA for steps to be taken, under regulation 62, up to the time of service of the notice (a “costs recovery notice”) under this regulation. , b in paragraph (2)— i in sub-paragraph (a), at the end, insert— or to whom the duty to comply with the notice has transferred as a result of regulation 28(2), , ii in sub-paragraph (b), at the end, insert— or to whom the duty to comply with the notice has transferred as a result of regulation 29(5), , iii for sub-paragraph (d), substitute— where SEPA takes steps, or arranges for steps to be taken, under regulation 62(2) or (3)— i the person on whom the regulatory notice, surrender notice or revocation notice was served, ii the person who would have been served with the regulatory notice, surrender notice or revocation notice, or iii the person to whom a duty to comply with the regulatory notice, surrender notice or revocation notice has transferred under regulation 28(2) or 29(5). . Amendment of regulation 52 (payment requirements for costs recovery notices) 24 In regulation 52(2) (payment requirements for costs recovery notices), for “penalty” substitute “notice.” . Amendment of regulation 54 (notices – general provisions) 25 In regulation 54 (notices – general provisions)— a in paragraph (2), at the end, insert— or, where paragraph 2A applies, by being sent to the person using electronic communication. 2A This paragraph applies where, before the notice is served, SEPA and the person upon whom it is to be served agree in writing that the notice may be sent to the person by being transmitted to an agreed electronic address, and in an agreed electronic form. . b After paragraph (4), insert— 5 Where a document is served as mentioned under paragraph (2) to a postal address in the United Kingdom or by electronic communication to an electronic address, it is to be taken to have been received 48 hours after it is sent unless the contrary is shown. . Amendment of regulation 55 (appeals to the Scottish Ministers) 26 In regulation 55(1) (appeals to the Scottish Ministers)— a in sub-paragraph (e), after “form of authorisation” the first time it appears, insert, “or has been treated as having notified an activity” , b in sub-paragraph (q), at the end, for “and” substitute “or” . Amendment of regulation 57 (effect of notices etc. during consideration of appeal) 27 In regulation 57(2) (effect of notices etc. during consideration of appeal), at the end of sub-paragraph (f), insert— , g an off-site condition under regulation 22(3)(b) by a person whose consent is required in order for the authorised person to comply with it, the appealed condition does not take effect until the day following the day on which— i the appeal is withdrawn, or ii the appeal is finally determined, and the condition is affirmed. . Amendment of regulation 59 (duty on SEPA to exercise its functions in accordance with the technical schedule) 28 1 In the heading to regulation 59, for “schedule”, substitute “schedules” . 2 In regulation 59 (duty on SEPA to exercise its functions in accordance with the technical schedule), for “schedule” substitute “schedules” . Amendment of regulation 60 (power of SEPA to impose authorisations) 29 In regulation 60 (power of SEPA to impose authorisations)— a in paragraph (3), for “or” substitute “and” , b in paragraph (4), after (1), insert “(b) or (c)” , c after paragraph (4), insert— 5 Where SEPA treats an activity in accordance with paragraph (1), the person or persons it considers to be in control of the carrying on of the activity are to be treated for the purposes of these Regulations as— a in relation to treatment as a notification, the person who makes a notification in accordance with regulation 12(3), b in relation to treatment as a permit or registration, the applicant. . Amendment of regulation 62 (action by SEPA) 30 In regulation 62 (action by SEPA)— a in paragraph (3), at the end, insert “, or to whom the notice or the duty to comply with the notice has transferred.” , b in paragraph (4)(b), after “served” insert, “, or to whom the notice or the duty to comply with the notice has transferred,” , c in paragraph (5)(a), after “notice” insert, “, or to whom the duty to comply with a regulatory notice has transferred.” , d in paragraph 5(b), for “or revocation notice”, substitute— notice or upon whom the duty to comply with a surrender notice has transferred, or c SEPA served a revocation notice, or to whom a revocation notice has transferred. . Amendment of regulation 63 (accelerated applications) 31 In regulation 63 (accelerated applications)— a in paragraph (1)(b), after “initiated by SEPA”, insert “in relation to a permit” , b in paragraph (6), in the opening words, delete “in so far as it is practicable to do so”. Amendment of regulation 64 (consolidation of permits and registrations) 32 In regulation 64 (consolidation of permits and registrations), after paragraph (9), insert— 9A Where SEPA carries out a SEPA initiated consolidation under paragraph (2) or (4), any fee payable under a charging scheme for that consolidation is payable by the authorised person. . Amendment of regulation 67 (SEPA’s public participation statement) 33 In regulation 67(2) (SEPA’s public participation statement)— a in sub-paragraph (a), at the end, omit “and”, b after sub-paragraph (a) insert— aa paragraph 1A of schedule 1 (pre-application community engagement), and . Amendment of regulation 69 (offences) 34 In regulation 69 (offences), after paragraph (1)(l), insert— la knowingly causes false information or, information falsely purporting to be a copy or reproduction of information, to be contained in the register required to be maintained by SEPA under regulation 38 of these Regulations. . Amendment of schedule 1 (registrations and permits: procedures) 35 In schedule 1(registrations and permits: procedures)— a before paragraph 1, insert— Pre-application community engagement 1A 1 SEPA may require a person who intends to apply for a permit or a variation to an existing permit to consult with members of the public likely to be affected by the proposed activity or variation. 2 SEPA may require that person to take such steps as SEPA considers appropriate. . b after paragraph 2(1)(b), before “and” insert— ca any information relating to pre-application community engagement required by SEPA under paragraph 1A. , c in paragraph 4— i renumber the existing provision as sub-paragraph (1), ii after sub-paragraph (1) as renumbered, insert— 2 Where an application is modified by the applicant, any fee payable under a charging scheme for the modification of an application is payable by the applicant. , d in paragraph 7(3)— i in head (b), for “has the potential”, substitute “is likely” , ii in head (c), at the end, insert, “having regard to the public participation statement” , e in paragraph 8— i after sub-paragraph (1)(d), insert— e the times and places where, or the means by which, public consultees may access copies of the application, proposed SEPA initiated variation and any other relevant information required to be publicised. , ii in sub-paragraph (2), omit “(a) or (b)”, iii in sub-paragraph (3), omit “further”, f in paragraph 12, omit sub-paragraphs (1)(c) and (2), g in paragraph 13, after sub-paragraph (2), insert— 3 Where SEPA issues a SEPA initiated variation notice under regulation 25, any fee payable under a charging scheme for the variation is payable by the authorised person. , h in paragraph 14(3), omit “on the date specified in the notice and”, i in paragraph 15— i for sub-paragraph (1)(a)(v), substitute— v remove any equipment, plant, articles, waste (including radioactive waste) or substances associated with the activity which adversely affect the amenity of the authorised place and surrounding area or otherwise take steps to preserve the amenity of the authorised place or surrounding area, , ii in sub-paragraph (1)(b)(i) and (ii), after “effect”, insert “in whole or in part” , iii in sub-paragraph (5)(b) for “applicant” substitute “authorised person” , j in paragraph 16— i for sub-paragraph (1)(a)(v), substitute— v remove any equipment, plant, articles, waste (including radioactive waste) or substances associated with the activity which adversely affect the amenity of the authorised place and surrounding area or otherwise take steps to preserve the amenity of the authorised place or surrounding area, , ii in sub-paragraph (1)(d)(i), for “or” substitute “and” , iii after sub-paragraph (2), insert— 3 SEPA may impose an off-site condition in a revocation notice. , k in paragraph 18(b), at the end, omit— , in respect of which a third party representation has been made , l after paragraph 19(1), insert— 1A The Scottish Ministers must consult SEPA before issuing a direction under sub-paragraph (1), , m omit paragraphs 20 to 22, n in paragraph 24, omit the definition of “third party representation”, o after paragraph 24, insert— 25 1 This paragraph applies to a function of the Scottish Ministers in connection with a matter referred to them for determination in compliance of a direction made under paragraph 19(1). 2 Where this paragraph applies, the Scottish Ministers may— a appoint a person to exercise any such function on their behalf, with or without payment, b refer a matter to a person they may appoint for the purpose, with or without payment. . Amendment of schedule 2 (off-site conditions) 36 In schedule 2 (off-site conditions)— a in paragraph 3(2)(b), after “permit”, insert “or the person upon whom a notice imposing an off-site condition was served” , b in paragraph 3(3)(b)— i after “person”, the second time it appears, insert “or the person upon whom a notice imposing an off-site condition was served” , ii delete “authorised”, the second time it appears. Amendment of schedule 3 (register) 37 In schedule 3 (register)— a in Table 1— i after entry 7, insert— 7A. Any notice given by SEPA to an applicant under paragraph 6 of schedule 1, and where applicable, any information provided in response to such a notice. , ii after entry 13, insert— 13A. Any licence, permit, registration or authorisation granted by SEPA which is a deemed permit, registration or authorisation under these Regulations. , iii in entry 37, for “Any” substitute “An” , iv in entry 38, for “inspection report” substitute “programme of inspections (as defined in schedule 8)” , v after entry 38, insert— 39. Any exemptions applied by SEPA in accordance with regulation 24(3) of the 2013 Regulations. 40. Notification of a refusal by SEPA under paragraph 9(1) of schedule 1 for an application in relation to a waste incineration plant or waste co-incineration plant. 41. A list of all waste incineration plant and co-incineration plant with a nominal capacity of less than 2 tonnes per hour in operation. 42. In relation to any decision on an application or SEPA initiated variation for a schedule 20 emissions activity— (a) notification of a refusal by SEPA under paragraph 9(1) of schedule 1, (b) the reasons for any decision under paragraph 9(1) of schedule 1, (c) how any representations made in response to a consultation by SEPA were taken into account by SEPA in reaching their decision, (d) the title of the BAT reference documents as defined in paragraph 3(1) of schedule 19, relevant to the activity, (e) how the permit conditions, including emission limit values have been determined in relation to the best available techniques and emission levels associated with the best available techniques, (f) where a derogation is granted under paragraph 9(6) of schedule 20, the reasons for that derogation with reference to the criteria in paragraph 9(6) of schedule 20, (g) that the decision is subject to consultations with a neighbouring state(s) as a result of paragraph 18 of schedule 20. The information in sub-paragraphs (a), (b) (f) must be made available electronically. 43. In relation to a decision to grant a surrender application for a schedule 20 emissions activity, a copy of any notice issued by SEPA under paragraph 15(5)(b) of schedule 1 confirming that steps specified in a surrender notice have been satisfied. This information must be made available electronically. 44. The site visit report in relation to an inspection conducted under paragraph 14 of schedule 20. , vi in entries 2, 3, 4, 6, 8, 13, 14, 15 and 32, insert, at the end— Where related to an industrial emissions activity or operating a medium combustion plant, this information must be made available electronically. , b in paragraph 1— i after “non-compliance penalty”, insert “and” , ii omit “and “notice of intent””. Amendment of schedule 4 (provisions relating to appeals) 38 In schedule 4 (provisions relating to appeals)— a in paragraph 4— i in sub-paragraph (b) before “withdrawal” insert “deemed” , ii in sub-paragraph (c) delete “of determination”, iii in sub-paragraph (d)— aa for “the authorised person”, substitute “another person” , bb for “an authorisation”, substitute “a notice or permit” , cc for “of the notice”, substitute “that a copy of the notice or permit is” , dd for “3” substitute “4” , b in paragraph 24, for “inquiry” substitute “hearing” . Amendment of schedule 8 (radioactive substances activities) 39 In schedule 8 (radioactive substances activities)— a in paragraph 1— i the current paragraph becomes sub-paragraph (2), ii before sub-paragraph (2) as renumbered, insert— 1 This schedule applies to radioactive substances activities. , b in paragraph 2— i for sub-paragraph (1)(d), substitute— d the disposal of radioactive waste at a landfill or at a waste incineration plant or waste co-incineration plant where— i the radioactive waste may be disposed of in solid waste that is not radioactive waste in accordance with the general binding rules in Chapter 1 of schedule 9, and ii the radioactive waste has not been segregated from waste that is not radioactive waste, , ii for sub-paragraph (1)(e), substitute— e the disposal of radioactive waste described in paragraph 6(1)(a) or (b) in a landfill or at a waste incineration plant or waste co-incineration plant where the activity of the radioactive waste does not exceed the concentrations specified in schedule 9, Part 3, Table 1, Column 2. , c in paragraph 3, omit the definitions of “PPC permit” and “waste management licence”, d in paragraph 4— i in sub-paragraph (1)— aa in the definition of “disposal”, in the opening words, before “includes”, insert “, in relation to radioactive waste,” , bb after the definition of “disposal” insert— “ high-activity sealed source ” means a sealed source where the activity of the contained radionuclide is equal to or exceeds the relevant activity value laid down in Table 4, , cc in the definition of “nuclear site”, renumber paragraph (e) as (a), and paragraph (f) as (b), dd after the definition of “radioactive substance” insert— “ sealed source ” means a radioactive source in which the radioactive substance is permanently sealed in a capsule or incorporated in a solid form with the objective of preventing under normal conditions of use, any dispersion of radioactive substances. , ii in sub-paragraph (2), before “waste” each time it appears, insert “radioactive” , e in paragraph 5, omit the definitions of “high-activity sealed source” and “sealed source”, f in paragraph 6(4), after “radioactive”, insert “,” , g in paragraph 13(b), before “waste” the second time it appears, insert “radioactive” , h in paragraph 14(2)— i omit head (a), ii in head (b), after “site”, insert “arising from the operation or decommissioning of that nuclear site” , i in paragraph 18— i in sub-paragraph (1), before “waste” each time it appears, insert “radioactive” , ii in sub-paragraph (3), for “high-activity sealed source” substitute “sealed source in IAEA Categories 1 to 4” , j in paragraph 19— i after “unless”, insert— — , ii from “the activity” to the end becomes sub-paragraph (a), iii at the end of new sub-paragraph (a), insert— insofar as those regulations apply to the activity, or b it is an existing class or type of practice. , k in paragraph 22(2), after “carried on”, insert “at” , l in paragraph 23(c)(vii), before “waste”, on each occasion it appears, insert “radioactive” , m in paragraph 26— i for the heading, substitute “General Principles of Radiological Protection: Optimisation and Dose Limitation” , ii in sub-paragraph (2), after “individual”, insert “member of the public” , iii for sub-paragraph (4)(a) substitute— a ICRP publication 144: Dose Coefficients for External Exposures to Environmental Sources , n in paragraph 27(1), after “doses”, insert “to an individual member of the public” , o in paragraph 36(1)— i in the opening words, before “waste” the second place it occurs, insert “radioactive” , ii in head (a), before “waste”, insert “radioactive” , p in Part 6, in column 2 of Table 4— i for “6 x 10 -2” in each place it appears, substitute— 6 x 10 -2 , ii for “2 x 10 -2”, substitute— 2 x 10 -2 , iii for “5 x 10 – 2”, substitute— 5 x 10 -2 , iv for “3 x 10 -2”, substitute— 3 x 10 -2 , v for “1 x 10 -1”, substitute— 1 x 10 -1 , vi for “1 x 10 0”, in each place it appears, substitute— 1 , vii for “8 x 10 -2”, substitute— 8 x 10 -2 , viii for “4 x 10 1”, substitute— 4 x 10 1 , ix for “4 x 10 – 2”, substitute— 4 x 10 -2 , x for “2 x 10 -1”, substitute— 2 x 10 -1 , xi for “2 x 10 1”, substitute— 2 x 10 1 , xii “3 x 10 – 1”, substitute— 3 x 10 -1 . Amendment of schedule 9 (general binding rules) 40 In schedule 9 (general binding rules), in Part 1— a after the Part heading (general binding rules), insert— CHAPTER 1 Radioactive Substances , b in the table entry for activity 2— i in column 1, after “management”, insert “(other than the treatment and disposal),” , ii in column 2— aa for paragraph (c), substitute— c a smoke detector must not be transferred to a person who is not legally entitled to manage it. , bb omit paragraph (d), c in the table entry for activity 5, in column 2, in paragraph (c), omit “waste”, d in the table entry for activity 7, in column 2— i in paragraphs (b) and (d), before “waste” each time it appears, insert “radioactive” , ii after paragraph (e) insert— f the maximum amount of uranium or thorium that can be held on a premises at any time is 5 kilograms. , e in the table entry for activity 8, in column 2— i in paragraph (e), before “waste” insert “radioactive” , ii in paragraphs (f), (g) and (h)— aa omit “human” wherever it appears, bb before “waste” each time it appears, insert “radioactive” , iii after paragraph (h) insert— i the maximum amount of a radioactive substance that can be held on a premises at any time is— i 1 x 10 9 becquerels of Tc-99m, and ii 2 x 10 8 becquerels of all other radionuclides, no more than 1 x 10 8 becquerels of which may be radioactive material. , f in the table entry for activity 10— i in column 1, substitute— 10 The disposal of gaseous radioactive waste which contains no radionuclides other than Kr-85. , ii in column 2, in paragraphs (a) and (b), before “waste” insert “radioactive” , g in the table entry for activity 11, i in column 1— aa in paragraph (a), for “column 2” substitute “column 3” , bb in paragraph (b), for “column 3” substitute “column 2” , ii in column 2— aa in paragraph (f)(i), for “T1-201”, substitute, “Tl-201”, bb in paragraph (h), before “waste” insert “radioactive” , cc after paragraph (h) insert—– i the total activity of radioactive waste disposed of in normal refuse in a year must not exceed— i 2 x 10 9 becquerels for tritium or C-14, ii 2 x 10 8 becquerels for any other radionuclide, , h after table, insert— CHAPTER 2 Water Column 1 Activity Column 2 Rules 1. The operation of any weir that— The weir must not impede the free passage of salmon and sea trout during periods within which, in the absence of the weir, the flow of the river would be at a level expected to enable migration. (a) is not capable of being operated to control the water level upstream of the weir, (b) does not result in the creation of a height differential between the upstream and downstream water surfaces of more than one metre, and (c) was constructed before 1st April 2006. 2. The abstraction of less than 10 m³ of water in any one day. (a) There must be a means of demonstrating that the abstraction is less than 10 m³ in any one day, such as a means of measuring the rate of the abstraction or a means of demonstrating that the maximum volume that could be abstracted cannot exceed 10 m³ in any one day, (b) water leakage must be kept to a minimum by ensuring all pipe work, storage tanks and other equipment associated with the abstraction and use of the water are maintained in a state of good repair, (c) the activity must not be located within 50 metres of any existing well, spring or borehole used for a water supply. 3. The construction, extension or operation of any well, borehole or other works by which water may be abstracted, if such works are— (a) The construction and operation of— (i) subject to paragraphs (b) and (c), the well or borehole, and (ii) any other works, must be such as to— (aa) prevent the introduction to the water environment of water of a different chemical composition, or the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, (bb) prevent the mixing of groundwater of different chemical compositions in the water environment, (cc) prevent the flow of water between two hydro-geologically separate aquifers, (a) not intended for the purpose of abstraction, (b) drilling fluids may be introduced into the well or borehole if necessary to facilitate the drilling of the well or borehole provided this does not result in harm to the water environment, (b) intended for the abstraction of less than 10 m³ of water in any one day, (c) intended for the abstraction of less than 150 m³ of water in any period of one year, and the purpose of the abstraction is either— (c) potable water may be introduced into the well or borehole to test the hydraulic properties of the aquifer, (d) when the well or borehole is no longer required, it must be back filled or sealed to the extent necessary to— (i) avoid loss of groundwater from any aquifer, and (ii) avoid the introduction, into any body of groundwater, of— (aa) any substances or heat which may give rise to harm to the water environment, or (bb) water of a different chemical composition, (i) to test for the yield of the borehole or well or the hydraulic properties of the aquifer, or (ii) to sample the water quality, (d) intended to dewater one or more excavations at— (e) the depth of any well or borehole beneath the surface of the ground must not exceed 200 metres, (i) a construction site for roads, buildings, pipelines, or other built developments, or (ii) a site at which the maintenance of such developments is being undertaken, or (f) the borehole must not be constructed within 50 metres of an existing well or borehole for the supply of water without the consent of the owner of the existing well or borehole. (e) intended for the purpose of undertaking activity 17. 4. The abstraction from a borehole, and any subsequent discharge of the abstracted water, if the total volume of water abstracted is less than 150 m³ in any period of one year and the purpose of the abstraction is either— (a) The abstraction must not cause the introduction to any body of groundwater of— (i) any substances or heat which may give rise to harm to the water environment, or (ii) water of a different chemical composition, (a) to test the yield of the borehole or well or the hydraulic properties of the aquifer, or (b) when the borehole is not being used for abstraction, it must be back filled or sealed to the extent necessary to avoid loss of groundwater from any aquifer. (b) to sample the water quality. 5. The dredging of a river, burn or ditch that— (a) has an average bed width of less than one metre along the stretch to be worked, and (a) Vegetation on any bank of the river, burn or ditch may be removed or modified only to the extent that the works cannot reasonably be carried out without such removal or modification, (b) has been artificially straightened or canalised along the length which is to be worked. (b) any vegetation removed must not be disposed of into the river, burn or ditch, (c) the activity must not result in the widening of the bed width of the river, burn or ditch, (d) all reasonable steps must be taken to prevent the transport of sediments or other matter disturbed by the works into waters beyond the worked stretch, (e) any works in the wetted part of the river, burn or ditch must not be undertaken during periods in which fish are likely to be spawning in the river, burn or ditch nor in the period between any such spawning and the subsequent emergence of the juvenile fish, (f) all reasonable steps must be taken to avoid increased erosion of the bed or banks of the river, burn or ditch as a result of the works, (g) the bed of the worked stretch must be graded at a shallow angle to tie in with the bed level upstream and downstream and there must be no steps or sudden changes in the angle of the bed slope, (h) the removed sediment must not be left on the banks such that its placement heightens the banks. 6. The installation of— (a) a crossing where no part of the crossing is on the bed or banks of a river, burn, ditch or loch, (a) Vegetation on any bank of the river, burn, ditch or loch may be removed or modified only to the extent that the works cannot be reasonably be carried out without such removal or modification, (b) an outfall which discharges into a river, burn, ditch or loch. (b) any vegetation removed must not be disposed of into the river, burn, ditch or loch, (c) the works must not prevent the free passage of migratory fish, (d) the works must not result in the narrowing of the channel width nor the heightening of either bank, (e) any works in the wetted part of any river, burn, ditch or loch must not be undertaken during periods in which fish are likely to be spawning in the river, burn, ditch or loch nor in the period between any such spawning and the subsequent emergence of the juvenile fish, (f) all reasonable steps must be taken to ensure that the works do not result in increased erosion of the bed or banks of the river, burn, ditch or loch, (g) the works must not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, (h) any outfall and associated works must be designed and installed to be no larger than is necessary for the proper operation of the outfall, and in any case must not extend more than 20 metres along the length of the river, burn, ditch or loch. 7. The installation and removal of— (a) Any temporary crossing, temporary structure or temporary works— (a) temporary crossings and temporary structures in a river, burn, ditch or loch, or (i) must be removed as soon as is reasonably practicable and in any event within a period of 12 months beginning with the date on which its installation commences, (b) any temporary works associated with the undertaking of any other activity specified in this Chapter of this schedule or for the purpose of maintaining an existing man-made structure in a river, burn, ditch or loch, (ii) must not prevent the free passage of migratory fish, (iii) must not cause harm to fish, (iv) must not cause harm to freshwater pearl mussels, and (v) must not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, unless the installation or removal is authorised by a registration or permit under these Regulations. (b) the installation and removal of any temporary crossing, temporary structure or temporary works within the wetted part of the river, burn, ditch or loch must not take place during periods in which fish are likely to be spawning in that part of the river, burn, ditch or loch nor during the period between any such spawning and the subsequent emergence of the juvenile fish, (c) vegetation on any bank of the river, burn, ditch or loch may be removed or modified only to the extent that the works cannot reasonably be carried out without such removal or modification, (d) any vegetation removed must not be disposed of into the river, burn, ditch or loch, (e) all reasonable steps must be taken to ensure that the works do not result in increased erosion of the bed or banks of the river, burn, ditch or loch. 8. Bank works by revetment or bank reprofiling of a river, burn, ditch or loch. (a) All reasonable steps must be taken to ensure that the works do not result in increased erosion of either bank of the river, burn, ditch or loch, (b) the works must not result in the destabilisation of the bed of the river, burn, ditch or loch upstream or downstream of the works, (c) vegetation on any bank of the river, burn, ditch or loch may be removed or modified only to the extent that the works cannot reasonably be carried out without such removal or modification, (d) any vegetation removed must not be disposed of into the river, burn, ditch or loch, (e) revetments must be constructed from one or more of the following: vegetation, biodegradable geotextiles, wood other than wood treated with preservatives or non-grouted stone rip-rap, (f) the length of any revetment or bank reprofiling must be no more than 10 metres or one channel width, whichever is greater, (g) if wood or stone rip-rap is used for a revetment, the wood or rip-rap must only be placed at the toe of the bank, (h) except for the purpose of repairing an existing revetment, no bank protection works must be undertaken within 5 channel widths or 50 metres (whichever is the greater) of any existing bank protection works on any bank of the river, burn, ditch or loch, (i) the works must not result in the heightening or lowering of either bank top, (j) the works must not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment. 9. Operating any vehicle, plant or other equipment in or near any surface water or wetland for the purpose of undertaking any other activity specified in this Chapter of this schedule or for the purpose of maintaining an existing man-made structure in or near any surface water or wetland. (a) Any vehicles, plant or other equipment must only operate in water where it is impracticable for them to operate on dry land, (b) the refuelling of vehicles, plant or other equipment must be undertaken at least 10 metres from any— (i) river, burn, canal, ditch or loch, as measured from the top of the bank, (ii) wetland, (iii) transitional water or coastal water, as measured from the shoreline, (c) any static plant or equipment used within 10 metres of any— (i) river, burn, canal, ditch or loch, as measured from the top of the bank, (ii) wetland, (iii) transitional water or coastal water, as measured from the shoreline, must be positioned on a suitably sized and maintained impervious drip tray with a capacity equal to 110% of the capacity of the fuel tank which is supplying the plant or equipment, (d) any vehicle, plant or other equipment used in or near surface water or wetland must not leak any oil, (e) the washing of vehicles, plant or other equipment must be undertaken at least 10 metres away from any— (i) river, burn, ditch or loch, as measured from the top of the bank, (ii) wetland, or (iii) transitional water or coastal water, as measured from the shoreline, (f) vehicles, plant or other equipment must not be operated in the wetted part of a river, burn, ditch or loch during periods in which fish are likely to be spawning in the river, burn, ditch or loch nor during the period between any such spawning and the subsequent emergence of the juvenile fish, (g) vehicles, plant or equipment must not be operated in any part of a river, burn, ditch or loch if there is a reasonable likelihood that, within 50 metres of such an operation, there are freshwater pearl mussels, (h) during forestry operations the operator must not operate machinery in any surface water or wetland, (i) following the operation of the vehicle, plant or other machinery, any damage caused by the operation to the bed and banks of the surface water or wetland must be repaired, including re-establishing vegetation on any areas of bare earth on the banks resulting from the operation, either by covering the area with grass turfs or lining them with a biodegradable geotextile and seeding. 10A. The discharge of water run-off from a surface water drainage system to the water environment from buildings, roads other than water-bound roads, yards, or any other built development constructed before 1 April 2007, with the exception of run-off from any motorway or trunk road where— (a) All reasonable steps must be taken to ensure that the discharge does not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, (b) the discharge must not— (i) contain any trade effluent or domestic sewage, (i) any one outfall serves a length of road greater than 1 kilometre, and (ii) result in visible discolouration, iridescence, foaming or sewage fungus in the water environment, or (ii) the footprint of the road or its associated infrastructure is enlarged or otherwise altered on or after 1 April 2007. (iii) contain any water run-off from a construction site, (c) the discharge must not result in the destabilisation of the banks or bed of the receiving surface water, (d) all facilities with which the surface water drainage system is equipped to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, including oil interceptors, silt traps and SUD system attenuation, settlement and treatment facilities, must be maintained in good order and repair, (e) all reasonable steps must be taken to ensure that any matter liable to block, obstruct, or otherwise impair the ability of the surface water drainage system to avoid the introduction of any substances or heat to the water environment, which may give rise to harm to the water environment, is prevented from entering the drainage system. 10B. The discharge of water run-off from a surface water drainage system to the water environment from buildings, roads other than water-bound roads, yards, or any other built development constructed on or after 1 April 2007, with the exception of run-off from— (a) All reasonable steps must be taken to ensure that the discharge does not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, (b) the discharge must not— (i) contain any trade effluent or domestic sewage, (i) land of more than 30 hectares which is used for residential premises, (ii) result in visible discolouration, iridescence, foaming or sewage fungus in the water environment, or (ii) industrial estates, (iii) contain any water run-off from a construction site, (iii) land used as a motorised vehicle parking area with more than 1,000 parking spaces, (c) the discharge must not result in the destabilisation of the banks or bed of the receiving surface water, (iv) motorways and trunk roads where any one outfall serves a length of road greater than 1 kilometre. (d) the development must be drained by a SUD system equipped to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, unless— (i) the run-off is from a development that is a single dwelling and its curtilage, or (ii) the discharge is to coastal water, (e) the discharge must not contain any water run-off from— (i) any fuel delivery areas constructed on or after 1 April 2007, or any areas where vehicles, plant and equipment are refuelled constructed on or after 1 April 2007, (ii) vehicle loading or unloading bays constructed on or after 1 April 2007 where potentially polluting matter is handled, or (iii) oil and chemical storage handling and delivery areas constructed on or after 1 April 2007, (f) all facilities with which the surface water drainage system is equipped to avoid the introduction of any substances or heat which may give rise to harm to the water environment, including oil interceptors, silt traps and SUD system attenuation, settlement and treatment facilities, must be maintained in good order and repair, (g) all reasonable steps must be taken to ensure that any matter liable to block, obstruct, or otherwise impair the ability of the surface water drainage system to avoid the introduction of any substances or heat to the water environment, which may give rise to harm to the water environment, is prevented from entering the drainage system. 10C. The discharge of water run-off from a quarry or borrow pit constructed on or after 1 January 2022. (a) All reasonable steps must be taken to ensure that the discharge does not result in the introduction of any substances or heat to the water environment which may give rise to any harm to the water environment, (b) the discharge must not— (i) contain any trade effluent or domestic sewage, or (ii) result in visible discolouration, iridescence, foaming or sewage fungus in the water environment, (c) the discharge must not result in the destabilisation of the banks or bed of the receiving surface water, (d) the discharge must not contain any water run-off from— (i) any fuel delivery areas constructed on or after 1 April 2007, or any areas where vehicles, plant and equipment are refuelled constructed on or after 1 April 2007, (ii) vehicle loading or unloading bays constructed on or after 1 April 2007 where potentially polluting matter is handled, or (iii) oil and chemical storage handling and delivery areas constructed on or after 1 April 2007, (e) the quarry or borrow pit must be drained by a SUD system or equivalent system equipped to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, (f) all facilities with which the surface water drainage system is equipped to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, including oil interceptors, silt traps and SUD system attenuation, settlement and treatment facilities, must be maintained in good order and repair, (g) all reasonable steps must be taken to ensure that any matter liable to block, obstruct, or otherwise impair the ability of the surface water drainage system to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment is prevented from entering the drainage system. 10D. The discharge of water run-off from a construction site to the water environment where the site, including any constructed access tracks, does not— (a) All reasonable steps must be taken to ensure that the discharge does not introduce any substances or heat to the water environment which may give rise to harm to the water environment, (i) exceed 4 hectares, (b) the discharge must not— (ii) contain a road or track length in excess of 5 kilometres, or (i) contain any trade effluent or domestic sewage, or (iii) include any area of more than 1 hectare or any length of more than 500 metres on ground with a slope in excess of 25 degrees. (ii) result in visible discolouration, iridescence, foaming or sewage fungus in the water environment, (c) the discharge must not result in the destabilisation of the banks or bed of the receiving surface water, (d) the discharge must not contain any water run-off from any built developments, unless during construction those developments are drained by a SUD system or equivalent system equipped to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, (e) the discharge must not contain any water run-off from— (i) any fuel delivery areas constructed on or after 1 April 2007, or any areas where vehicles, plant and equipment are refuelled constructed on or after 1 April 2007, (ii) vehicle loading or unloading bays constructed on or after 1 April 2007 where potentially environmentally harmful matter is handled, or (iii) oil and chemical storage handling and delivery areas constructed on or after 1 April 2007, (f) all parts of a construction site on which— (i) operations first commenced on or after 1 June 2018, and (ii) any works are to be undertaken, or any vehicles are to be operated or parked, must be drained by a surface water drainage system with capacity to accommodate the maximum volume of run-off that would reasonably be expected to occur from that land during the period of construction, (g) all facilities with which the surface water drainage system is equipped to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, including oil interceptors, silt traps and SUD system attenuation, settlement and treatment facilities, must be maintained in good order and repair, (h) all reasonable steps must be taken to ensure that any matter liable to block, obstruct, or otherwise impair the ability of the surface water drainage system to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment is prevented from entering the drainage system. 11. Discharge into a surface water drainage system. (a) Oil, paint, paint thinners, pesticides, detergents, disinfectants or any other substances or heat which may give rise to harm to the water environment must not be disposed of into a surface water drainage system or onto any surface that drains into a surface water drainage system, (b) any matter liable to block, obstruct, or otherwise impair the ability of the surface water drainage system to avoid the introduction of any substances or heat to the water environment which may give rise to harm to the water environment must not be disposed of into a surface water drainage system or onto a surface that drains into a surface water drainage system, (c) domestic sewage or trade effluent must not be discharged into any surface water drainage system, (d) on construction sites, any area of exposed soil from which the discharge of water run-off to the water environment is authorised under activity 10D of this Chapter, and the period of time during which such soil is exposed, must be the minimum required to facilitate the construction works being undertaken at that site. 12. Unless otherwise authorised under these Regulations, the removal of sediment or any other matter that may have been deposited on the bed of a river, burn or ditch in the area of impounded water upstream of a weir the operation of which is authorised under these Regulations and the return of that sediment if desired to the river, burn or ditch from which it was removed. (a) Only sediment or other matter within 10 metres upstream of the weir may be removed, (b) the sediment or other matter removed must only include sediment or other matter that could reasonably be expected to have been deposited on the bed of the river, burn or ditch within a period of 3 years preceding the date of the removal, (c) subject to paragraph (d), any gravel and coarse sediment that has been removed must, where possible, be returned to the river, ditch or burn from which it was taken, (d) the return of sediment must— (i) be achieved by placing it at the edge of the river, burn or ditch downstream of the weir in such a way and at such a location that high river flows are able to cause it to be redistributed by the river, burn or ditch, (ii) not result in an accumulation of sediment likely to impede the free passage of migratory fish, (iii) not be placed in a wetted part of the river, burn or ditch during periods in which fish are likely to be spawning in that part of the river, burn or ditch nor during the period between any such spawning and the subsequent emergence of the juvenile fish, (iv) be placed in such a way and such a location that the risk of the placement resulting in increased erosion of the bed or banks of the river burn, or ditch is minimised, (v) not contain man-made matter, (vi) not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, (e) removed sediment and other matter must not be deposited on the bed or left on the banks such that its placement heightens the banks of any river, burn, ditch or loch except in accordance with paragraph (c) and (d), (f) the removal of sediment must not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, (g) vegetation on any bank of the river, burn or ditch may be removed or modified only to the extent that the works cannot reasonably be carried out without such removal or modification, (g) any vegetation removed must not be disposed of into the channel. 13. For the purpose of ensuring the proper functioning of a closed culvert, abstraction or discharge pipe, the removal of accumulations of sediment or other matter from— (a) The removal or return must not result in the bed of the river, burn, ditch or loch upstream of the culvert being lower than the upper surface of the base of the culvert where it joins the river, burn or ditch or loch, (a) the bed of a river, burn, ditch or loch within 10 metres upstream of the point of entry of that river, burn, ditch or loch into a closed culvert, (b) the removal or return must not result in there being a vertical step between the upper surface of the base of the culvert and the bed of the river, burn, ditch or loch into which it discharges, (b) the bed of a river, burn, ditch or loch within 10 metres downstream of the point of exit of that river, burn, ditch or loch from a closed culvert, (c) the removal or return must not be undertaken in the wetted part of the river, burn, ditch or loch during periods in which fish are likely to be spawning in the river, burn, ditch or loch nor in the period between any such spawning and the subsequent emergence of the juvenile fish, (c) the inside of a closed culvert, or (d) vegetation on any bank of the river, burn, ditch or loch may be removed or modified only to the extent that the works cannot reasonably be carried out without such removal or modification, (d) the bed of a river, burn, ditch or loch within 5 metres of— (i) an outfall for a surface water drainage system that discharges water run-off from buildings, roads, yards, any other built developments, or construction sites for such developments, (e) any vegetation removed must not be disposed of into the channel, (f) removed sediment and other matter must not be left on the banks such that its placement heightens the banks of any river, burn, ditch, or loch, (g) subject to paragraph (h), the removed sediment must, where possible, be returned to the river, burn, ditch or loch from which it was removed, (ii) an outfall for a sewage or trade effluent discharge, or (h) the removed sediment must only be returned to the river, burn, ditch or loch from which it was removed, if— (iii) an inlet for a water abstraction, (i) it is returned as close to the location of its removal as is practicable, and, if desired, any subsequent return of the removed sediment to the river, burn, ditch or loch from which it was removed. (ii) it does not result in an accumulation of sediment likely to impede the free passage of migratory fish, (iii) all reasonable steps are taken to avoid increased erosion of the bed or the banks of the river, burn, ditch or loch, (i) the activity does not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment. 14. The installation of instream structures or the placement of one or more boulders in a river, burn or ditch. (a) The placed boulder or boulders or the installed instream structures must not occupy— (i) more than 10% of the bed width, or (ii) more than 10 metres of channel length. (b) no boulder or boulders, croy or flow deflector must be placed within 20 metres of any other boulder or boulders or any structure on the bed of the river, burn or ditch, (c) no boulder or boulders and croy or flow deflector must be placed or installed in such a way as to extend the width occupied by any structure to greater than 10% of the bed width, (d) the tops of the boulders, and any croy or flow deflector must be submerged except during periods of low flows, (e) any works in the wetted part of the river, burn or ditch must not be undertaken during periods in which fish are likely to be spawning in the river, burn, or ditch nor in the period between any such spawning and the subsequent emergence of the juvenile fish, (f) all reasonable steps must be taken to ensure that the works do not result in increased erosion of the bed or banks of the river, burn or ditch, (g) boulders and instream structures must not be placed or installed if there is a reasonable likelihood that, within 50 metres of the intended placement, there are freshwater pearl mussels, (h) boulders and instream structures must not be placed or installed such that they prevent the free passage of migratory fish, (i) the works must not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment. 15. The temporary abstraction of groundwater at— (a) Groundwater may only be abstracted at the site within a period of 180 days beginning with the first day on which groundwater is abstracted at the site, (a) a construction site for roads, railways, buildings, pipelines, communication links or other built development, or (b) other than where paragraph (g)(i) applies, groundwater must not be abstracted from any excavations, wells or boreholes that are within 250 metres of any surface water unless the abstracted water is discharged into the surface water at the nearest part of the surface water to the point of abstraction and in accordance with paragraph (f) or (g)(ii), as applicable, (b) a site at which the maintenance of such development is being undertaken, by means of— (i) pumping the groundwater directly from any excavation or excavations on the site, or (ii) pumping the groundwater from any wells or boreholes on the site in order to help dewater any other excavation or excavations on the site, (c) groundwater must not be abstracted from any excavations, wells or boreholes that are within 250 metres of a wetland, (d) groundwater must not be abstracted from any excavations, wells or boreholes that are within 250 metres of an abstraction that is not for the sole purpose of dewatering an excavation, and, if desired, the subsequent discharge of the abstracted groundwater to the water environment. (e) all reasonable steps must be taken to ensure that the quantity of sediment in the abstracted water is minimised, (f) if the abstracted groundwater is taken directly from an excavation and this water, and any precipitation or water run-off that has also collected in the excavation, is discharged to the water environment, it must be discharged via a surface water drainage system authorised under these Regulations subject to the consent of the person having operational control of the system, (g) if the abstracted groundwater is taken from a borehole or well, and is discharged to the water environment, it must be— (i) discharged directly back to the same part of the geological formation or the mine workings from which it was abstracted, provided that the abstracted water does not contain any radioactive substances, and that no substances are added to, or otherwise allowed to enter, the abstracted water prior to its return, or (ii) discharged via a surface water drainage system authorised under these Regulations subject to the consent of the person having control of the system, and (h) all reasonable steps must be taken to ensure that the discharge of abstracted groundwater does not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment. 16. The direct discharge of substances or heat which may give rise to harm to the water environment into groundwater as a result of construction or maintenance works in or on the ground which come into contact with groundwater. (a) No solid or liquid materials coming into contact with groundwater may contain any groundwater hazardous substances, (b) despite paragraph (a), drilling fluids used during the works and grout may come into contact with groundwater if necessary to facilitate any drilling or ground stabilisation provided this does not result in the introduction of any substances or heat which gives rise to harm to the water environment, (c) no materials coming into contact with groundwater as a result of the works may cause the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, (d) the edge of any grouted area must not be within 250 metres of any springs, wells or boreholes that supply water for human consumption. 17. The abstraction and subsequent return of groundwater for the purpose of extracting geothermal energy from the abstracted water or for the purpose of transferring heat to geological formations as part of a cooling system. (a) The abstracted water must be returned to the same part of the geological formation or the mine workings from which it was abstracted, (b) any volume of water may be abstracted but the volume of water abstracted and not returned must not exceed 10m 3 per day, (c) no substances may be added to, or otherwise allowed to enter, the abstracted water prior to its return to the geological formation or the mine workings from which it was abstracted, (d) there must be a means of demonstrating that the net abstraction is not more than 10m 3 in any one day, (e) water leakage must be kept to a minimum by ensuring that all pipe work, storage tanks and other equipment associated with the abstraction and use of the water are maintained in a good state of repair, (f) the activity must not be located within 250 metres of any abstraction of water intended for human consumption that is in use prior to the activity commencing and must not prevent any abstraction of water which is authorised under these Regulations provided it is in use prior to the activity commencing. 18. (a) The storage of fertiliser unless— (a) No fertiliser may be stored, including temporarily, in a mobile tank or bowser, on land that— (i) the storage is otherwise authorised under these Regulations, (ii) it is an activity specified at activities 31, 32 or 34 of column 1 of this schedule, (b) The application of any fertiliser unless the application is otherwise authorised under these Regulations. (i) is within 10 metres of any— (aa) river, burn, ditch or loch, as measured from the top of the bank, (bb) wetland, (cc) transitional water or coastal water, as measured from the shoreline, (ii) is within 50 metres of any— (aa) spring that supplies water for human consumption, (bb) well or borehole that is not capped in such a way so as to prevent the ingress of water, (iii) is waterlogged, (iv) has an average soil depth of less than 40 centimetres and overlies gravel or fissured rock, unless the fertiliser is stored in an impermeable container, (v) is sloping (unless the fertiliser is inorganic or it is ensured that any run-off of fertiliser is intercepted (by means of a sufficient buffer zone or otherwise) to prevent it from entering any river, burn, ditch, loch, wetland, transitional water or coastal water towards which the land slopes), unless the fertiliser is stored in a building which is constructed and maintained to such a standard as is necessary to prevent run-off or seepage of fertiliser from the building, (b) inorganic liquid fertiliser must only be stored in a rigid, impermeable tank that— (i) has a lockable, double valve on the outlet that is closed and locked when the tank is unattended, (ii) is located above ground, (iii) is protected from vehicle collision, (c) inorganic liquid fertiliser must not be stored in a field unless contained in a tank, bowser or spreading equipment— (i) whose hatches and lids are securely closed and whose outlets are securely closed and locked, except when fertiliser is being transferred or applied, (ii) that is held on a support in such a way that it cannot become dislodged, (iii) that is on a support which is stable under the fully loaded weight of the tank or bowser and cannot itself become dislodged, (d) when any inorganic liquid fertiliser or liquid digestate is being transferred to a tank, bowser or spreading equipment, all reasonable steps must be taken to prevent any spillage or leakage entering the water environment, (e) no organic fertiliser may be applied to land that— (i) is within 10 metres of any (aa) river, burn, ditch or loch, as measured from the top of the bank, (bb) wetland, (cc) transitional water or coastal water, as measured from the shoreline, (dd) opening into a surface water drainage system, (ii) is within 50 metres of any— (aa) spring that supplies water for human consumption, (bb) well or borehole that is not capped in such a way so as to prevent the ingress of water, (iii) has an average soil depth of less than 40 centimetres and overlies gravel or fissured rock, except where the application is for forestry operations, (iv) is frozen (except where the fertiliser is farmyard manure), waterlogged, or covered with snow, (v) is sloping, unless it is ensured that any run-off of fertiliser is intercepted (by means of a sufficient buffer zone or otherwise) to prevent it from entering any river, burn, ditch, loch, wetland, transitional water or coastal water towards which the land slopes, (f) no inorganic fertiliser may be applied to land that— (i) is within 2 metres of any— (aa) river, burn, ditch or loch, as measured from the top of the bank, (bb) wetland, (cc) transitional water or coastal water, as measured from the shoreline, or (dd) opening into a surface water drainage system, or (ii) is within 5 metres of any— (aa) spring that supplies water for human consumption, (bb) well or borehole that is not capped in such a way so as to prevent the ingress of water, (iii) has an average soil depth of less than 40 centimetres and overlies gravel or fissured rock, except where the application is for forestry operations, (iv) is frozen, waterlogged, or covered with snow, or (v) is sloping, unless it is ensured that any run-off of fertiliser is intercepted (by means of a sufficient buffer zone or otherwise) to prevent it from entering any river, burn, ditch, wetland, loch, transitional water or coastal water towards which the land slopes, (g) fertilisers must not be applied to land— (i) in such amounts that the crop requirement for nitrogen is exceeded, (ii) in excess of the amount required to maintain the soil phosphorus status at acceptable agronomic levels, or (iii) during heavy rainfall or where heavy rainfall is forecast within 24 hours, (h) dewatered digestate must be stored— (i) in such a way that it is securely contained so that any escape or run-off is prevented, or (ii) in a heap which is protected from the ingress of water, (i) if dewatered digestate is stored in a heap in field, it must be applied to land within 6 months of the commencement of the storage, (j) any equipment used to apply fertiliser must be maintained in a good state of repair, (k) fertiliser must be applied on land in such a way and at such times that the introduction of any substances or heat to the water environment which may give rise to harm to the water environment is minimised, (l) where organic fertilisers are to be applied to land— (i) a risk assessment must be carried out in respect of that land, including the preparation of a map of the farm which clearly shows— (aa) the delineation of every field, (bb) the area of every field in hectares, (cc) the location of all surface water, springs, wells, boreholes storage tanks or any other structures sunk into underground strata for the purpose of providing a water supply, (dd) any area of land with a slope of 12 degrees or more, (ee) the location of any field heaps, (ff) areas where organic fertiliser must not be applied in accordance with paragraph (e)(i), (ii), (iii) and (v), (gg) any other area of high risk to the water environment, (ii) the person carrying out the application of organic fertilisers must be provided with the map for the area to which fertiliser is being applied, or (iii) field heaps of organic fertilisers must not be located in any area identified on the map in accordance with paragraph (l)(i)(cc), (ff) or (gg), (m) slurry and liquid digestate must be applied using precision equipment. 19. Keeping of livestock. (a) Significant erosion or poaching of any land that is within 5 metres of any— (i) river, burn, ditch, or loch as measured from the top of the bank, (ii) wetland, (iii) spring that supplies water for human consumption, (iv) well or borehole that is not capped in such a way so as to prevent ingress of water, or (v) transitional water or coastal water, as measured from the shoreline, must be prevented, (b) livestock must be prevented from entering any land that is within 5 metres of any spring or borehole that supplies water for human consumption or within 5 metres of any well or borehole that is not capped in such a way so as to prevent the ingress of water, (c) livestock feeders must not be positioned within 10 metres of any— (i) river, burn, ditch, or loch, as measured from the top of the bank, (ii) wetland, (iii) spring that supplies water for human consumption, (iv) well or borehole that is not capped in such a way so as to prevent ingress of water, or (v) transitional water or coastal water, as measured from the shoreline, (d) run-off from land on which livestock congregate to access watering points or feeders must be intercepted (by means of a sufficient buffer zone or otherwise) such that any faeces, urine or soil in the run-off are prevented from entering any spring, well, borehole, surface water or wetland. 20. Cultivation of land. (a) No land may be cultivated for crops that is— (i) within 2 metres of any— (aa) river, burn, ditch or loch, as measured from the top of the bank, (bb) wetland, or (cc) transitional water or coastal water, as measured from the shoreline (ii) within 5 metres of any— (aa) spring that supplies water for human consumption, (bb) well or borehole that is not capped in such a way so as to prevent the ingress of water, (iii) waterlogged, (b) moling of land must not be carried out on slopes that— (i) have an overall gradient in excess of 4.5 degrees, (ii) slope towards any surface water or wetland, (c) land must be cultivated in a way that minimises the risk of the introduction of any substances or heat to any surface water or wetland which may give rise to harm to the water environment. 21. Without prejudice to the operation of activities 10A, 10B, 10C and 10D, and the rules related to them, the discharge of water run-off via a surface water drainage system to the water environment as a result of rural land activities. (a) Water must be discharged in a way which minimises the risk of the introduction of any substances or heat to any river, burn, ditch, loch, wetland, transitional water or coastal water that may give rise to harm to the water environment, (b) no discharge from drainage may result in the destabilisation of the banks or bed of the receiving river, burn, ditch, loch, wetland, transitional water or coastal water. 22. The discharge of water run-off from water-bound roads and tracks to the water environment, including during the construction and maintenance of such roads and tracks. (a) All reasonable steps must be taken to ensure that any discharge does not result in the introduction of any substances or heat to the water environment that may give rise to harm to the water environment, (b) any discharge must not result in visible discolouration, iridescence, foaming or sewage fungus in the water environment, (c) any discharge must not result in the destabilisation of the banks or bed of the receiving surface water. 23. The storage and application of pesticides that are plant protection products (a) The preparation of pesticide for application and the filling, cleaning or maintenance of pesticide sprayers or other devices used to apply pesticides— (i) must be undertaken in a manner which prevents any spillages, runoff or washings from entering any surface water or wetland, and (ii) must not be undertaken within 10 metres of any— (aa) river, burn, ditch or loch, as measured from the top of the bank, (bb) wetland, (cc) transitional water or coastal water, as measured from the shoreline, or (dd) opening into a surface water drainage system, (b) pesticide sprayers and other devices used to apply pesticides must be maintained in a good state of repair, such that there is no leakage of pesticide from any part of the equipment and the sprayer is calibrated to accurately deliver the required application rate, (c) pesticide sprayers and other devices used to apply pesticide must not be filled with water taken from any river, burn, ditch, loch, or wetland unless— (i) a device preventing back siphoning is fitted to the system, or (ii) the water is first placed in an intermediate container, (d) pesticide-treated plants must not be stored or soaked in any river, burn, ditch, loch, or wetland, (e) pesticide must be applied in accordance with the terms and instructions of the relevant product approval, (f) unless in accordance with paragraph (g), pesticide must not be applied in, onto or over ground or allowed to drift onto or over ground that— (i) is frozen, snow covered or waterlogged, except where the application in, onto or over waterlogged ground is necessary for the purpose of controlling fungal disease and all precautions are taken to minimise the risk of pesticide entering any river, burn, ditch, loch, wetland, transitional water or coastal water, (ii) is within 1 metre of any river, burn, ditch, loch, or wetland, as measured from the top of the bank, or within 1 metre of any transitional water or coastal water as measured from the shoreline, (iii) is sloping, unless it is ensured that any run-off of pesticide is intercepted (by means of a sufficient buffer zone or otherwise) to prevent it from entering any river, burn, ditch, loch, wetland, transitional water or coastal water towards which the land slopes, (iv) is within 50 metres of any spring that supplies water for human consumption, (v) is within 50 metres of any well or borehole unless the well or borehole is capped in such a way as to prevent the ingress of the pesticide, (vi) has an impermeable surface which drains directly into a surface water drainage system, unless measures are taken to minimise the risk of pesticides entering the drainage system, or (vii) is along roads, railway lines, permeable surfaces or other infrastructure, unless measures are taken to minimise the risk of the introduction of any substances or heat to any river, burn, ditch, loch, wetland, transitional water, coastal water or surface water drainage system that may result in harm to the water environment, (g) pesticide may be applied within 1 metre of any river, burn, ditch or loch, as measured from the top of the bank, within 1 metre of any wetland, or within 1 metre of any transitional water or coastal water as measured from the shoreline where— (i) they are specifically approved for aquatic use under Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC 30 and are applied in accordance with the terms of that approval, (ii) the application is for the sole purpose of controlling an invasive species of plant outwith its native range, (iii) no pesticide enters the river, burn, ditch, loch, wetland, transitional water or coastal water, (iv) the ground over or onto which pesticide is applied is not— (aa) frozen or snow-covered, (bb) waterlogged, except where the application in, onto or over waterlogged grounds is necessary for the purpose of controlling American skunk cabbage (lysichiton americanus) and all precautions are taken to minimise the risk of pesticide entering any river, burn, ditch, loch, wetland, transitional or coastal water, (v) the ground over or onto which plant protection product is applied is not an impermeable surface which drains directly into a surface water drainage system unless measures are taken to minimise the risk of pesticide entering the drainage system, (vi) the ground over or onto which pesticide is applied is not within 50 metres of any spring that supplies water for human consumption, (vii) the ground over or onto which pesticide is applied is not within 50 metres of any well or borehole unless the well or borehole is capped in such a way as to prevent the ingress of the pesticide, (viii) the application, including the method used, is designed to minimise damage to other, non-target, vegetation, (ix) all necessary steps are taken to ensure that the application does not result in increased erosion of the banks of the river, burn, or loch or the shoreline of the transitional water or coastal water, (x) there is no abstraction of water intended for human consumption from the— (aa) river, burn or ditch, within 250 metres downstream of the application, or (bb) the loch or wetland within 250 metres of the application, (h) application of pesticide must be carried out in such a way, and at such times, that the risk of the introduction of any substances or heat to any river, burn, ditch, loch, wetland, transitional water or coastal water that may give rise to harm to the water environment is minimised and, in particular, pesticide must not be applied— (i) during rainfall, or (ii) during conditions when there is a risk that spray will drift or be blown outwith the target area (i) pesticide, including any used packaging that has been stored in contact with pesticide, must not be stored— (i) within 10 metres of any— (aa) river, burn, ditch or loch, as measured from the top of the bank, (bb) wetland, or (cc) transitional water or coastal water, as measured from the shoreline, (ii) within 50 metres of any spring that supplies water for human consumption, or (iii) within 50 metres of any well or borehole (unless the well or borehole is capped in such a way as to prevent the ingress of any pesticide), unless the pesticide or used packaging is stored in such a way that any leakage or spillage and any exposed pesticide on used packaging cannot reach any river, burn, ditch, loch, wetland, transitional water, coastal water or any opening into a surface water drainage system, including by being transported in rainwater runoff, (j) pesticide, including any used packaging that has been stored in contact with pesticide, must not be stored on an impermeable surface draining to a surface water drainage system. 24. Operating sheep dipping facilities, and operating sheep handling facilities where— (a) Sheep must be prevented from having access to any surface water or wetland while there is a risk of transfer of sheep dip fluid or any pour-on parasite treatment from their fleece to such places, (a) sheep are held immediately after dipping, (b) pour-on parasite treatments are applied, or (c) sheep are held immediately after the application of pour-on treatments. (b) no mobile sheep dipping facility, or part of any sheep dipping facility constructed on or after 1st April 2008 or sheep handling facility used for pour-on treatments constructed on or after 1st January 2018 may be located within 50 metres of any— (i) river, burn, ditch, or loch as measured from the top of the bank, (ii) wetland, (iii) transitional water or coastal water, as measured from the shoreline, or (iv) well, spring or borehole, (c) sheep dipping facilities must not discharge underground and must not leak or overspill, (d) sheep dipping facilities must not be filled with water taken from the water environment unless— (i) a device preventing back siphoning is fitted to the system, or (ii) the water is first placed in an intermediate container, and (e) without prejudice to the continued requirement to obtain specific authorisation for the disposal of sheep dip under these Regulations, sheep dip facilities must be emptied within 24 hours following completion of dipping. 25. Bank works using the placement of trees or parts of trees in any river, burn, ditch or loch. (a) The trees or parts of trees must be placed only in or along banks, (b) the placement must result in an arrangement of live or dead tree stems, branches or roots which, as the water flows through the arrangement, flex or bend and impede its flow with the effect of cushioning the bank from the force of the river, burn, ditch or loch, (c) the placed trees or parts of trees must be tied, keyed or staked into the bank or bed of the river, burn, ditch or loch so as to secure them in place, (d) the placed trees or parts of trees must be graded smoothly into the existing line of the bank, (e) in protecting banks— (i) the angle or profile of the bank may only be altered for the purpose of enabling the establishment and growth of trees or the placement of trees or parts of trees, (ii) stones may be placed at the toe of the bank for the purpose of preventing the bank being undercut before the trees have become established, provided that any stones used are no larger than the largest stones that have been deposited on the bed within 500 metres of the bank (f) all reasonable steps must be taken whilst placing the trees or parts of trees to— (i) prevent any exposed soil or other sediments from entering the river, burn, ditch or loch, and (ii) where soil or other sediments do enter the river, burn, ditch or loch, prevent these from being transported beyond the part of the bank being protected, (g) once the trees or parts of trees have been placed, any areas of bare earth on the banks resulting from the works must be re-vegetated to minimise the risk of soil erosion, either by covering with grass turfs or lining with a biodegradable geotextile and seeding, (h) where the trees or parts of trees need to be placed on the wetted part of the bed of the river, burn, ditch or loch or their placement would otherwise be likely to disturb the wetted part of the bed of the river, burn, ditch or loch they must not be placed if there is a reasonable likelihood that there are freshwater pearl mussels in the part of the river, burn, ditch or loch that would be affected. 26. The storage of oil, which is not waste oil, in a portable container with a capacity of less than 200 litres. The container must be of sufficient strength and structural integrity so as to ensure that it is unlikely to burst or leak in its ordinary use. 27. The storage of oil on premises used as a private dwelling (except where the premises is a vehicle or vessel), where the oil is— (a) The container must be of sufficient strength and structural integrity so as to ensure that it is unlikely to burst or leak in its ordinary use, (a) stored in a container with a capacity of 2,500 litres or less, and (b) any container which is installed or altered must comply with the requirements of any applicable Regulations under the Building (Scotland) Act 2003 . (b) used solely to serve a fixed combustion appliance installation providing space heating or cooking facilities. 28. The storage of oil, other than waste oil, on premises other than— (a) The oil must be stored in a container which is of sufficient strength and structural integrity, and has been installed so as to ensure that it is unlikely to burst or leak in its ordinary use, (a) where the premises is a vehicle or vessel, (b) where the storage is— (i) an activity specified at activities 26 or 27 of this Chapter, or (b) the container must be situated within a secondary containment system meeting the requirements in sub-paragraphs (i) to (v)— (ii) otherwise authorised under these Regulations, (i) subject to paragraph (e), must have a capacity of not less than 110% of the container’s storage capacity or, if there is more than one container within the system, of not less than 110% of the largest container’s storage capacity, or 25% of the aggregate storage capacity, whichever is greater, (c) in a container which is wholly underground (unless situated wholly within a building underground). (ii) must be positioned, or other steps must be taken, so as to minimise any risk of damage to it by impact so far as is reasonably practicable, (iii) must have a base and walls that are impermeable to water and oil, (iv) its base and walls must not be penetrated by any valve, pipe or other opening which is used for draining the system, (v) if a fill pipe or draw off pipe penetrates its base or any of its walls, all points at which the pipe meets the base or wall must be adequately sealed to prevent oil escaping from the system, (c) any valve, filter, sight gauge, vent pipe or other equipment ancillary to the container (other than a fill pipe or draw off pipe or a pump) must be situated within the secondary containment system, (d) if the connection point to a fill pipe is not within the secondary containment system, a drip tray must be used to catch any oil spilled when the container is being filled with oil, (e) where any drum is used for the storage of the oil in conjunction with a drip tray as a secondary containment system, it is sufficient if the tray has a capacity of not less than 25% of— (i) the drum’s storage capacity, or (ii) if there is more than one drum used at the same time with the tray, the aggregate storage capacity of the drums (f) where a fixed tank is used for storing oil— (i) any sight gauge must be properly supported and fitted with a valve which closes automatically when not in use, (ii) any fill pipe, draw off pipe or overflow pipe must— (aa) be positioned or other steps taken, so as to minimise any risk of damage by impact so far as is reasonably practicable, (bb) if made of materials which are liable to corrosion, be adequately protected against corrosion, and (cc) not be permeable to hydrocarbon vapours, (iii) if underground, any fill pipe, draw off pipe or overflow pipe must— (aa) have no mechanical joints, except at a place where such joints are accessible for inspection by removing a hatch or cover, (bb) be adequately protected from physical damage (cc) have adequate facilities for detecting any leaks, (dd) if fitted with a leakage detection device which is continuously to monitor for leaks the detection device must be maintained in working order and tested at the appropriate intervals, and at least every 5 years, to ensure that it works properly, (ee) if not fitted with a leakage detection device, must be tested for leaks before it is first used and further tests for leaks must be performed in the case of pipes which have mechanical joints, at least once every 5 years, and in other cases, at least once in every 10 years, (iv) if above ground, any fill pipe, draw off pipe or overflow pipe must be properly supported, (v) the tank must be fitted with an automatic overfill prevention device (which may include an alarm sounding device) if the filling operation is controlled from a place where it is not reasonably practicable to observe the tank or any vent pipe, (vi) where a screw fitting or other fixed coupling is fitted, it must be maintained in good condition and used whenever the tank is being filled with oil, (vii) where oil from the tank is delivered through a flexible pipe which is permanently attached to the container or delivery pump— (aa) the pipe must be fitted with a tap or valve at the delivery end which closes automatically when not in use, (bb) the tap or valve must not be capable of being fixed in the open position unless the pipe is fitted with an automatic shut off device, (cc) the pipe must— (1) be enclosed in a secure cabinet (equipped with a drip tray) which is locked shut when not in use, or, (2) have a lockable valve where it leaves the container, which is locked shut when not in use, or (3) be situated in premises which have appropriate security to prevent unauthorised access, (dd) where head (cc)(2) or (3) applies, the pipe must be kept within the secondary containment system or positioned above an area which drains to a suitable oil interceptor when not in use, (viii) any pump must be— (aa) fitted with a non-return valve or an isolating device in its feed line, (bb) positioned or other steps must be taken, so as to minimise any risk of damage to it so far as is reasonably practicable, and (cc) protected from unauthorised use, (ix) any permanent vent pipe, tap or valve through which oil can be discharged from the tank to the open must be— (aa) situated within the secondary containment system (bb) arranged so that any oil discharged from the tank other than to its intended destination is contained within the system, and (cc) in the case of a tap or valve, fitted with a lock and locked shut when not in use, and (g) where a mobile bowser is used for storing oil— (i) any tap or valve permanently fixed to the bowser through which oil can be discharged to the open must be fitted with a lock and locked shut when not in use, (ii) where oil is delivered through a flexible pipe which is permanently attached to the mobile bowser— (aa) the pipe must be fitted with a manually operated pump or a valve at the delivery end which automatically closes when not in use, (bb) the pump or valve must be provided with a lock and locked shut when not in use, (cc) the pipe must be fitted with a lockable valve at the end where it leaves the container and must be locked shut when not in use, (iii) any sight gauge must be secured to the mobile bowser and be fitted with a valve or tap which must be locked in the shut position when not in use. 29. The making and storage of silage in bales or bulk bags. (a) The bales or bulk bags must not be stored, opened, or unwrapped within 10 metres of any— (i) river, burn, ditch or loch, as measured from the top of the bank, (ii) wetland, (iii) transitional water or coastal water, as measured from the shoreline, or (iv) opening into a surface water drain which silage effluent could enter if it were to escape, (b) the bulk bags must— (i) have an impermeable membrane, (ii) be resealed when not in use, to prevent the escape of silage effluent, (iii) incorporate a facility to enable the removal of any excess effluent without spillage, (iv) be situated on a firm level surface, (c) the bales must be wrapped and sealed into impermeable membranes or enclosed in impermeable bags. 30. The treatment of silage effluent which consists mainly of rainwater by draining it from a silo through a constructed farm wetland. (a) Silage effluent which consists mainly of rainwater may be drained through a constructed farm wetland only if— (i) the silo is open for use, (ii) the drainage of the silage effluent from the silo to the constructed farm wetland is direct and through a separate channel or pipe from the base of the silo, (iii) no crop is added to the silo whilst it is open, (b) where a constructed farm wetland is to be constructed or substantially rebuilt or enlarged— (i) the authorised person must give notice to SEPA of the works not later than 30 days prior to any work commencing, and (ii) the notice in sub-paragraph (i) must be accompanied by an engineering plan for the works to be carried out. 31. The making and storage of silage other than in bales or bulk bags. (a) Silage must be made and stored in a silo which— (i) complies with paragraphs (b) to (g), (ii) if constructed, or substantially reconstructed or enlarged, on or after 1 September 1991, in addition to paragraph (a)(i), complies with paragraphs (h) to (j), (iii) if new (including a silo constructed from used materials), or substantially reconstructed or enlarged, on or after 1 January 2022, has a life expectancy of at least 20 years, with proper maintenance, from its construction, reconstruction or enlargement, (b) the base of the silo must be constructed with channels to collect silage effluent from the silo, and with channels or pipes which must drain any such silage effluent to an effluent tank, (c) the capacity of the effluent tank must be at least— (i) for a silo with a capacity of less than 1500 m³, 20 litres for every 1 m³ of silo capacity, or (ii) for a silo with a capacity of 1,500 m³ or greater, 30,000 litres, plus 6.7 litres for every 1 m³ of silo capacity over 1,500 m³, (d) where the effluent collection system associated with the silo incorporates a system of pumps and sumps, it must be fitted with an automatic overfill prevention device with a dedicated electrical supply and an alarm, (e) the base of the silo, the base and walls of its effluent tank and channels, and the walls of any pipes must be impermeable, (f) the base and any walls of the silo, its effluent tank and channels, and the walls of any pipes must, so far as reasonably practicable, be resistant to attack by silage effluent and, where the walls are made of earth, they must be lined with an impermeable membrane of 1000 gauge polyethylene or a material of at least equivalent impermeability and durability, (g) if the silo has retaining walls which are not made of earth, the stored silage level within that silo once compacted must be managed so that the retaining walls of the silo are not overloaded, (h) the base of any silo constructed, or substantially reconstructed or enlarged, on or after 1 September 1991 must, in addition to paragraph (b)— (i) comply with British Standard EN 1992-3:2006 and British Standard EN-1-1-2004 +A1:2014 (for concrete bases) , or British Standard EN 13108-4:2016 (for hot-rolled asphalt bases) , (ii) where the silo has retaining walls made other than of earth, extend beyond those walls and be provided with channels designed and constructed so as to collect any effluent which may escape from the silo and adequate provision must be made for drainage of that effluent from the channels to an effluent tank through a channel or pipe, (i) where any part of an effluent tank constructed, or substantially reconstructed or enlarged, on or after 1 September 1991 is installed below ground level, it must be designed and constructed in accordance with the Buildings and structures for agriculture: Code of practice for design, construction and loading, BS 5502-22:2003+A1:2013 , (j) a silo constructed, or substantially reconstructed or enlarged, on or after 1 September 1991, which has retaining walls which are not made of earth, must have retaining walls capable of withstanding the minimum wall loadings calculated in accordance with the Buildings and structures for agriculture: Code of practice for design, construction and loading, BS 5502-22:2003+A1:2013, (k) a silo constructed (including from used materials), or substantially reconstructed or enlarged, on or after 1 January 2022, which has retaining walls which are not made of earth, must have the maximum loadings of the silo visibly displayed on it, (l) a silo, its effluent tank, channels and any associated pipes constructed on or after 1 January 2022 must not be situated within 10 metres of any surface water or opening into a surface water drain which silage effluent could enter if it were to escape, (m) the silo, its effluent tank, channel and pipes must be operationally maintained to be free of any structural defects during its lifecycle, (n) the silo must not be filled beyond the drainage channel, (o) where a silo or effluent tank is to be constructed or to be substantially rebuilt or enlarged— (i) the operator must give notice to SEPA of the works no later than 30 days prior to commencing the works, (ii) the notice under sub-paragraph (i) must be accompanied by an engineering plan for the works to be carried out, (iii) the operator must retain the engineer’s final sign-off certificate for the works for the lifetime of the silo or effluent tank, for inspection by SEPA on request. 32. The storage of slurry. (a) Where slurry is produced on the farm by housed livestock from dungsteads or from dirty yards, the slurry must be stored in a slurry storage system, liquid digestate storage system, or slurry bags which have sufficient capacity to store the total quantity of slurry likely to be produced in— (i) 26 weeks by housed pigs, or (ii) 22 weeks by housed cattle, taking account of any additional inputs to or exports from the storage as described in paragraph (c), (b) the total quantity of slurry referred to in paragraph (a) is to be calculated by adding up the figures produced for each type of livestock, as applicable, in accordance with the formula for housed pigs or housed cattle, contained in regulation 7(2) of the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 , (c) in calculating the minimum storage capacity necessary to comply with paragraph (a), the following figures must be included in respect of the relevant 26- or 22-week period— (i) the quantity of any rainfall (including any fall of snow, hail or sleet) that is likely to enter the system (directly or indirectly) including from dungsteads, silage pits or dirty yards, (ii) the quantity of any cleaning water that is likely to enter the system or slurry bag, (iii) the likely quantity of any imported slurries and liquid digestate added to the system or slurry bag, (iv) the quantity of any slurry exported off farm, (d) where slurry is imported onto the farm, there must be sufficient storage capacity on the farm to store the quantities imported during periods when application is not authorised under activity 18 of this Chapter or would not comply with the requirements of the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008, (e) the capacity of any facility used for the temporary storage of slurry before it is transferred to a slurry storage tank must be the equivalent of at least 1.5% of the minimum on farm storage capacity in accordance with paragraph (a), (f) the slurry storage system must— (i) comply with paragraphs (g) to (l), (ii) where constructed, or substantially reconstructed or enlarged, on or after 1 September 1991, comply, in addition to paragraph (f)(i), with paragraphs (m) and (n), (iii) if new (including systems constructed from used materials), substantially reconstructed or enlarged, on or after 1 January 2022, have a life expectancy of at least 20 years with proper maintenance, from its construction, reconstruction or enlargement, (g) the base and walls of any slurry storage tank, any channels and reception pit, and the walls of any pipes, must be impermeable (except where the conditions in paragraph (j) are complied with) and free from any cracks or structural defects, (h) where slurry flows into a channel before discharging into a reception pit, and the flow is controlled by means of a sluice or valve, the capacity of the reception pit must be sufficient to store the maximum quantity of slurry which can be released by opening the sluice or valve, (i) the slurry storage tank, channels, pipes, valves, and reception pit must be operationally maintained to be free of any structural defects during their lifecycle, (j) where the walls of the slurry storage tank are not impermeable— (i) the base of the tank must extend beyond its walls and be provided with channels designed and constructed so as to collect any slurry which may escape from the tank, (ii) the tank must have adequate provision to collect, drain and store slurry from the channels to a slurry storage system, (k) where the slurry storage tank or reception pit is fitted with a drainage pipe— (i) there must be two valves in series on the pipe and each valve must be capable of stopping the flow of slurry through the pipe and must be kept shut and locked in that position when not in use, (ii) sub-paragraph (i) does not apply in relation to a slurry storage tank which drains through the pipe into another slurry storage tank of equal or greater capacity or where the tops of the tanks are at the same level, (l) where a slurry storage system has walls which are made of earth, the system must not be filled to a level which allows less than 750 millimetres of freeboard, and in all other cases the slurry storage tank must not be filled to a level which allows less than 300 millimetres of freeboard, (m) the base and walls of any slurry storage tank, channels and reception pit, valves, and the walls of any pipes, constructed, or substantially reconstructed or enlarged, on or after 1 September 1991 must be protected against corrosion in accordance with paragraph 7.2 of the Code of Practice on Buildings and Structures for Agriculture, BS 5502-50:1993+A2:2010 , (n) the base and walls of any slurry storage tank and any reception pit constructed, or substantially reconstructed or enlarged, on or after 1 September 1991, must be capable of withstanding characteristic loads calculated on the assumptions and in the manner as set out in paragraph 5 of the Code of Practice on Buildings and Structures for Agriculture, BS 5502-50:1993+A2:2010, (o) any slurry storage system, constructed, or substantially reconstructed or enlarged, on or after 1 January 2022, which has walls made of earth, must be lined with an impermeable sheet material which, with proper maintenance, slurry cannot permeate for a period of at least 20 years, (p) a slurry storage system constructed on or after 1 January 2022 must not be situated within 10 metres of any surface water or opening into a surface water drain which slurry could enter into if it were to escape, (q) a slurry bag may only be used to store slurry if— (i) the bag is constructed of impermeable material of sufficient strength and structural integrity such that it is unlikely to burst or leak in its ordinary use, and (ii) it is situated in a bund which complies with the following requirements— (aa) the bund must be of at least equivalent capacity to the slurry bag, (bb) the bund must be lined with an impermeable sheet material which, with proper maintenance, slurry cannot permeate for a period of at least 20 years, (cc) the bund must have a means of removing rainwater, and (dd) other than as necessary to allow rainwater to be removed, the base and walls of the bund must not be penetrated by any valve, pipe or other opening, (r) where a slurry storage system (including a reception pit or channels) is to be constructed or to be substantially rebuilt or enlarged— (i) the operator must give notice to SEPA of the works no later than 30 days prior to commencing the works, (ii) the notice under sub-paragraph (i) must be accompanied by an engineering plan for the works to be carried out, (iii) the operator must retain the engineer’s final sign-off certificate for the works for the lifetime of the slurry storage system, for inspection by SEPA on request, (s) slurry may be stored in a liquid digestate storage system which complies with the rules for activity 34 of this Chapter in relation to the storage of liquid digestate. 33. The treatment of slurry which consists mainly of rainwater and washings by draining through a constructed farm wetland. (a) Slurry may be drained through a constructed farm wetland only if it consists mainly of rainwater and washings which derive from— (i) a midden which mainly contains farmyard manure and is situated where its contents can be affected directly by precipitation, (ii) any uncovered yard, used by livestock to move from one area to another but not including areas covered by paragraph (b), (iii) a yard which is used for the gathering or holding of livestock no more than once a week and which can be directly affected by precipitation, (b) slurry must not be drained through a constructed farm wetland from areas— (i) where livestock are gathered or held more than once a week, or (ii) used for livestock movement or holding prior to, during or after being— (aa) milked, (bb) housed, or (cc) fed, (c) slurry which contains pesticide must not be drained through a constructed farm wetland, (d) all reasonable steps must be taken to ensure that the drainage of slurry through a constructed farm wetland does not result in the introduction of any substances or heat to the water environment which may give rise to harm to the water environment, (e) where a constructed farm wetland is to be constructed or to be substantially rebuilt or enlarged— (i) the operator must give notice to SEPA of the works no later than 30 days prior to commencing the works, (ii) the notice under sub-paragraph (i) must be accompanied by an engineering plan for the works to be carried out. 34. Storage of liquid digestate unless the storage is authorised by a permit or registration under these Regulations. (a) Where liquid digestate is produced on the farm, it must be stored in a liquid digestate storage system, slurry storage system or slurry bag which has sufficient capacity to accommodate the volume of liquid digestate produced during periods when application is not authorised under activity 18 of this Chapter or would not comply with the requirements of the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 , (b) where liquid digestate is imported onto a farm, it must be stored in a liquid digestate storage system, slurry storage system or slurry bag which has sufficient capacity to store the quantities imported during periods when application is not authorised under activity 18 of this Chapter or would not comply with the requirements of the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008, (c) in calculating the required storage capacity, the following figures must be included— (i) the quantity of any rainfall (including any fall of snow, hail or sleet that is likely to enter the system or slurry bag (directly or indirectly) including from dungsteads, silage pits or dirty yards, (ii) the quantity of any cleaning water that is likely to enter the system or slurry bag, (iii) the quantity of any slurry from housed livestock, (iv) the likely quantity of any imported slurries and liquid digestate added to the system or slurry bag, (v) the quantity of any liquid digestate exported off farm, (d) a liquid digestate storage system must— (i) comply with paragraphs (e) to (k), (ii) if new (including systems constructed from used materials), or substantially reconstructed or enlarged, on or after 1 January 2022, have a life expectancy of at least 20 years, with proper maintenance, from its construction, reconstruction or enlargement, (e) the base and walls of the liquid digestate storage tank and the walls of any feedstock tank, channels and pipes must be impermeable, (f) the base and walls of the liquid digestate storage tank and feedstock tank, valves and the walls of any pipes must be protected against corrosion in accordance with paragraph 7.2 of the Code of Practice on Buildings and Structures for Agriculture published by the British Standards Institution and numbered BS 5502-50:1993+A2:2010 , (g) the base and walls of the liquid digestate storage tank and any feedstock tank must be capable of withstanding characteristic loads calculated on the assumptions and in the manner as set out in paragraph 5 of the Code of Practice on Buildings and Structures for Agriculture published by the British Standards Institution and numbered BS 5502-50:1993+A2:2010, (h) the liquid digestate storage system must not be situated within 10 metres of any surface water or opening into a surface water drain which liquid digestate could enter if it were to escape, (i) the liquid digestate tank, pipes, valves and feedstock tank must be operationally maintained to be free of any structural defects during their lifecycle, (j) where the liquid digestate storage tank is fitted with a drainage pipe— (i) there must be two valves in series on the pipe and each valve must be capable of stopping the flow of liquid digestate through the pipe and must be kept shut and locked in that position when not in use, (ii) sub-paragraph (i) does not apply in relation to a liquid digestate storage tank which drains through the pipe into another liquid digestate storage tank of equal or greater capacity or where the tops of the tanks are at the same level, (k) where a liquid digestate storage system includes a lagoon with walls which are made of earth, the lagoon must not be filled to a level which allows less than 750 millimetres of freeboard, and in all other cases the liquid digestate storage tank must not be filled to a level which allows less than 300 millimetres of freeboard, (l) where a liquid digestate storage system constructed, or substantially reconstructed or enlarged, on or after 1 January 2022 includes a lagoon with walls which are made of earth, the lagoon must be lined with an impermeable sheet material which, with proper maintenance, liquid digestate cannot permeate for a period of at least 20 years, (m) a slurry bag may only be used to store liquid digestate if— (i) the bag is constructed of impermeable material, is of sufficient strength and structural integrity, and is unlikely to burst or leak in its ordinary use, and (ii) it is situated in a bund which complies with the following requirements— (aa) the bund must be of at least equivalent capacity to the slurry bag, (bb) the bund must be lined with an impermeable sheet material which, with proper maintenance, liquid digestate cannot permeate for a period of at least 20 years, (cc) the bund must have a means of removing rainwater from it, (dd) other than as necessary to allow rainwater to be removed, the base and walls of the bund must not be penetrated by any valve, pipe or other opening, (n) where a liquid digestate storage system is to be constructed or to be substantially rebuilt or enlarged— (i) the operator must give notice to SEPA of the works no later than 30 days prior to commencing the works, (ii) the notice under sub-paragraph (i) must be accompanied by an engineering plan for the works to be carried out, and (iii) the operator must retain for the lifetime of the liquid digestate storage system, for inspection by SEPA on request, the engineer’s final sign-off certificate for the works, (o) liquid digestate may be stored in a slurry storage system which complies with the rules for activity 32 of this Chapter in relation to the storage of slurry, (p) waste liquid digestate must only be stored at the place where it will be used. 35. The discharge of hot tub effluent, from a site with only one hot tub, to groundwater. (a) The effluent must be de-brominated or de-chlorinated and cooled to 20 degrees centigrade or less prior to discharge, (b) the discharge must not be within 10 metres of any surface water and the effluent must not enter a surface water drain, (c) where the discharge to groundwater is made via a soakaway, the water table must be at least 1 metre below the base of the soakaway, (d) the discharge must be made more than 50 metres from a wetland directly dependent on groundwater, (e) the discharge must not be within 50 metres of any wells, springs or boreholes that supply water for human consumption. CHAPTER 3 Waste 1. The temporary storage of waste, other than waste liquid digestate, at the place of production (a) The waste must be stored in a secure place such that— (i) all reasonable precautions must be taken to ensure that the waste cannot escape from the place of production, and, (ii) the waste must be stored such that members of the public are unable to gain access to the waste, (b) liquid waste must be stored in a container which is of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use, (c) the waste must not be stored at the place where it was produced for longer than 12 months, (d) any treatment of the waste must only be carried out to facilitate storage and onward transport of that waste for recovery or disposal, (e) where more than 200 litres of waste oil is stored, storage must comply with the rules for activity 28 in Chapter 2. 2. Temporary storage of waste at a place owned or occupied by the producer (a) the storage and any treatment of waste must not be carried on in the course of providing a waste management service to another person, (b) the waste must be stored in a secure place such that— (i) all reasonable precautions must be taken to ensure that the waste cannot escape from the place where it is stored, and (ii) members of the public are unable to gain access to the waste, (c) where more than one type of waste is stored, the different types of waste must not be mixed, (d) the waste must not be stored at that place for more than 12 months, (e) the total amount of solid waste stored at any one time must not exceed 50 cubic metres, (f) the total amount of liquid waste stored at any one time must not exceed 5,000 litres, (g) liquid waste must be stored in a container which is of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use, (h) any treatment of the waste must only be carried out to facilitate storage and onward transport of that waste for recovery or disposal, (i) where more than 200 litres of waste oil is stored, storage must comply with the rules for activity 28 in Chapter 2. 3. Temporary storage of waste at a collection point (a) The waste must be stored in a secure place such that— (i) all reasonable precautions are taken to ensure that the waste cannot escape from the collection point, and (ii) members of the public are unable to gain access to the waste, (b) where more than one type of waste is stored, the different types of waste are not mixed, (c) the waste must not be stored at the collection point for more 12 months, (d) the total amount of solid waste stored at any one time must not exceed 50 cubic metres, (e) except for WEEE, the total amount of hazardous waste stored at any one time must not exceed 5 cubic metres, (f) the total amount of liquid waste stored at any one time must not exceed 5,000 litres, (g) liquid waste must be stored in a container which is of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use, (h) any treatment of the waste must only be carried out to facilitate storage and onward transport of that waste for recovery or disposal, (i) where more than 200 litres of waste oil is stored, storage must comply with the rules for activity 28 in Chapter 2. 4. Use of agricultural land following the application of sewage sludge to agricultural land for the purposes of soil improvement. The activities specified in column 1 of Table 3 must not be carried out on that land before the expiry of the period specified in column 2. CHAPTER 4 Other emissions activities 1. (a) using crushing and screening equipment, above ground, to— (a) Emissions— (i) crush, grind or carry on other size reduction including breaking up (except for the cutting of stone) of, any designated mineral or mineral product, or the grading, screening or heating of any of those reduced materials, (i) dust emissions must be minimised by— (aa) containment, or (bb) suppression using water, or both, (ii) dust emissions must not have a significant impact upon the environment, people or property, (ii) crush, grind or carry on other size reduction and/or screening (with machinery designed for that purpose) of waste bricks, tiles or concrete at the place where the waste is produced or at the place where the recovered aggregate will be used, (iii) where the activity takes place inside a building, any such building must be as dust tight as possible and arrestment equipment must be used where necessary to ensure there are no emissions of dust, resulting in a significant impact upon the environment, people or property, (b) Dust arrestment— (b) the temporary storage of waste materials prior to use or generated as part of the activity in 1(a), including the raw material feed, mid-process stockpiles and the storage of end-product at the place where the waste is produced or used. (i) arrestment equipment for dust emissions must be— (aa) designed to emit less than 50 mg/m 3 of dust, and (bb) fitted with a continuously indicative monitor which provides visual and audible notification when 75% of that emission limit is reached, (ii) arrestment equipment for dust emissions must be regularly inspected and maintained to ensure it is fully operational, (c) Site design and infrastructure— (i) where the materials to be loaded or unloaded have the potential to generate dust, the loading and unloading of those materials must be shielded from wind, (ii) conveyors, and discharge points to and from conveyors, must be enclosed, (iii) crushing, grinding, screening and separation processes and associated plant must be enclosed, or water sprays must be in use when these processes are being carried out, (iv) drop heights must be minimised by using— (aa) variable height conveyors, (bb) chutes, (v) the discharge point from conveyor to stockpile must have water spray bars in use, (vi) the number of movements of materials must be minimised, (vii) there must be an adequate supply of water available for use as dust suppression, (viii) all reasonable steps must be taken to ensure that the use of water for dust suppression does not result in the introduction of any substances or heat to the water environment which may cause harm to the water environment. (d) Stockpiles— (i) water suppression of stockpiles must take place regularly, (e) (ii) stockpiles must be— (aa) fully covered, (bb) shielded using wind-breaks, bunding or fencing, or (cc) profiled so as to reduce wind-whipping. . i In Part 2 (interpretation of general binding rules), paragraph 1— i before the definition for “barium eluting source”, insert— “ agriculture ” has the meaning given in paragraph 4 of schedule 18 of these Regulations, “ application ” means the spreading, spraying, incorporating or injecting into or onto land, “ arrestment equipment ” means equipment used to mitigate the effects of emissions, “ bank reprofiling ” means the alteration of the slope of the bank of a river, burn, ditch or loch, , ii after the definition for “barium eluting source”, insert— “ bed width ” means the straight line distance that is between the opposite bank toes of a river, burn or ditch, and which spans the bed of the river, burn or ditch, including any exposed bars and vegetated islands, “ buffer zone ” means an area of land, where no storage or application of fertiliser or pesticide takes place, which intercepts (or would intercept) run-off from the storage or application of fertiliser or pesticide to prevent it from entering the water environment, , iii after the definition for “category 5 sealed source”, insert— “ channel width ” means the straight line distance that is between opposite bank tops of a river, burn or ditch and which spans the bed of a river, burn or ditch, including any exposed bars and vegetated islands, , iv after the definition for “Class C gaseous tritium light device”, insert— “ collection point ” means a place used for the collection of waste by a person where that person does not— receive payment for collecting the waste, or collect waste as their main business activity, “ constructed farm wetland ” means a series of ponds for the treatment of slurry or silage effluent consisting mainly of rainwater, which have been constructed in such a manner that any discharge from the ponds does not result in the introduction of any substances or heat which may give rise to harm to the water environment, “ container ” means a single or double skinned fixed tank, a drum, a mobile bowser or (even if not connected to fixed pipe or fixed pipework) an intermediate bulk container, “ conventionally treated sewage sludge ” has the meaning given in paragraph 4 of schedule 18 of these Regulations, “ crop ” includes any plant grown for a commercial purpose, “ crossing ” means any structure which is constructed and installed for the purpose of supporting a footpath, cycle route or transport route across any river, burn, ditch or loch or any pipe, pipeline or cable which crosses over or underneath any river, burn, ditch or loch, but excluding temporary crossings, impounding works and culverts installed for land gain, “ cultivation ” includes the preparation of land prior to planting, and the harvesting of any crop, “ designated mineral or mineral product ” means— clay, sand and any other naturally occurring mineral other than coal or lignite, metallurgical slag, gypsum which is a by-product of any activity, “ dewatered ” in relation to digestate means digestate which— has had liquid removed from it so that it consists of at least 20% dry material, and is capable of being stacked in a free-standing heap without slumping and without liquid draining from the heap, , v for the definition of “disposed of in normal refuse”, substitute— means disposed of with substantial quantities of solid waste that is not radioactive waste for landfill or incineration, where— the solid waste meets the definition of “waste” in section 75(2) of the Environmental Protection Act 1990, read with section 75A of that Act , and the radioactive waste will be mixed with such solid waste for the purposes of such burial, incineration or recovery, , vi after the definition of “disposed of in normal refuse”, insert— “ ditch ” means an open channel which collects and conveys drainage water from surface or subsurface drainage to the wider surface water environment, “ draff ” means the residue of grain after fermentation of the grain in a brewing or distilling process, “ draw off pipe ” means a pipe used to withdraw oil from a container, “ drum ” means an oil drum or similar container used for storing oil, , vii after the definition for “electrodeposited source”, insert— “ enhanced treated sewage sludge ” has the meaning given in paragraph 4 of schedule 18 of these Regulations, “ farm ” means land occupied as a unit for agricultural purposes, “ farmyard manure ” means a mixture of bedding material and animal excreta in solid form arising from the housing of livestock (excepting such arising from the keeping of birds for the production of food), “ fertiliser ” means any substance containing nutrients which is utilised on land to enhance plant growth, but excludes forestry brash, “ fill pipe ” means a pipe used to deliver oil into a container, “ fixed tank ” includes an intermediate bulk container which is connected to fixed pipework, “ forage crop ” means any crop grown as food for livestock or for use in energy production, “ forest ” means land of an area of more than 0.5 hectares— with a tree canopy cover of more than 20 percent, which is planted with trees, which trees collectively have the capacity to provide a tree canopy cover of more than 20 percent, or which meets all of the following criteria— it was used in the last 5 years as land described in paragraph (a), it is to remain fallow of trees for a maximum of 4 consecutive years, and when replanted with trees it will be replanted as land described in paragraph (b), “ forestry operations ” means operations carried out on land with a tree canopy cover of more than 10% over an area of more than 0.5 hectares, “ fruit ” includes top fruit including apples and pears, stone fruit including plums and cherries, soft fruit including currants and berries, vines, hops and nuts, , viii after the definition for “gaseous tritium light device”, insert— “ horticulture ” includes mushrooms, nursery stock and bulbs for export, seed potatoes including those for export, basic seed production and crops grown in soil based glasshouse or polythene tunnel production including tomatoes, cucumbers, and peppers, “ housed ” means kept permanently or overwintered, indoors or outside, on a collection-based slurry system, “ impermeable sheet material ” means— synthetic rubbers, EPDM (ethylene propylene diene monomer rubber) and butyl, plastics, including polyvinyl chloride, low density polyethylene and high-density polyethylene, and reinforced geomembrane, “ invasive species of plant outwith its native range ” has the same meaning as in section 14P of the Wildlife and Countryside Act 1981 , “ instream structure ” means any structure that occupies a portion of the bed of the river, burn, ditch including bed reinforcement, jetties, platforms, marinas, croys, groynes and other flow deflectors, but excluding temporary structures, bridge piers and impounding works, “ liquid digestate ” means— whole digestate, the liquid fraction, or any run-off from the storage of fibrous residue, resulting from an anaerobic digestion process of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process, “ liquid digestate storage system ” means— a liquid digestate tank, any feedstock tank used in connection with the liquid digestate tank, and any channels and pipes used in connection with the liquid digestate tank or feedstock tank, “ liquid digestate tank ” includes a lagoon or tower used for the storage of liquid digestate, “ livestock ” means any animal kept for use or profit as part of a commercial enterprise, , ix after the definition for “medical or veterinary radioactive substance”, insert— “ moling ” means a cultivation method if an implement is used to open a conduit within the soil along which water may flow, “ oil ” means any kind of oil and includes fuel oil, waste oil and hydraulic oil, “ pesticide ” has the meaning given in section 16 of the Food and Environment Protection Act 1985 , “ place of production ” means, in relation to any waste, the place where the waste was originally produced, “ plant protection products ” means products, in the form in which they are supplied to the user, consisting of, or containing, active substances, safeners or synergists, and intended for one of the following uses— protecting plants or plant products against all harmful organisms or preventing the action of such organisms, unless the main purpose of these products is considered to be for reasons of hygiene rather than for the protection of plants or plant products, influencing the life processes of plants, such as substances influencing their growth, other than as a nutrient, preserving plant products, destroying undesired plants or parts of plants, except algae unless the products are applied on soil or water to protect plants, checking or preventing undesired growth of plants, except algae unless the products are applied on soil or water to protect plants, “ precision equipment ” means equipment capable of low emission, accurate application techniques including a dribble bar or band spreader, trailing hose, trailing shoe or direct injection, “ private dwelling ” means any part of a building used or intended to be used as a dwelling, “ reception pit ” means a pit used for the collection of slurry before it is transferred into a slurry storage tank or for the collection of slurry discharged from such a tank, , x after the definition for “relevant sewer”, insert— “ revetment ” means a modification to a bank of a river, burn, ditch or loch that increases the resistance of the bank to lateral erosion, “ rip rap ” means irregular shaped stones placed along a bank of a river, burn, ditch or loch for the purpose of increasing the resistance of the bank to erosion, “ rural land use activities ” means agricultural, forestry or leisure activity, “ salad crops ” includes lettuce, radish, onions, beans including runner, broad, and dwarf French, vining peas, mangetout, cabbage, cauliflower, calabrese or broccoli, courgettes, celery, red beet, carrots, herbs, asparagus, garlic, shallot, spinach, chicory and celeriac, , xi after the definition for “sea”, insert— “ secondary containment system ” means a drip tray, an area surrounded by a bund or catchpit, or any other system for preventing liquid which is no longer in its container from escaping from the place where it is stored or treated, “ sewage sludge ” has the meaning given in paragraph 4 of schedule 18 of these Regulations, “ silage ” means any forage crop (including draff) which is being, or has been, conserved by fermentation or preservation (including the use of additives), or both, “ silage effluent ” means— effluent produced from any forage crop which is being made or has been made, into silage, a mixture consisting wholly of or containing such effluent, rainwater or groundwater emanating from a silo, silage effluent collection system or drain, “ silo ” means any structure used for making or storing silage, “ slurry ” includes— excreta, including any liquid fraction, produced by livestock whilst in a yard or building (including woodchip corrals), and a mixture consisting wholly of or containing such excreta, bedding, feed residues, rainwater and washings from a building or yard used by livestock, dungsteads or middens, high level slatted buildings and weeping wall structures or any combination of these, provided such excreta is present, “ slurry storage system ” means— a slurry storage tank, any reception pit and any effluent tank used in connection with the slurry storage tank, and any channels and pipes used in connection with the slurry storage tank, any reception pit or any effluent tank, “ slurry storage tank ” includes a lagoon, pit (other than a reception pit) or tower used for the storage of slurry, , xii omit the definitions for “sealed source” and “sewer”, “public sewer”, “private sewer”, “sewage treatment works” and “sewage”, xiii after the definition for “smoke detector”, insert— “ soil improvement ” has the meaning given in paragraph 2 of schedule 18 of these Regulations, “ SUD system ” has the meaning given in section 59 of the Sewerage (Scotland) Act 1968 , “ surface water drainage system ” means a system, such as system that is used to collect and drain water run-off from one or more premises and transport it to, and discharge it into, the water environment, and may include, among other things, any surface water sewers and associated inlets, outfalls, gullies, manholes, oil interceptors, silt traps, and attenuation, settlement and treatment facilities, , xiv for the definition of “Table 1” and “Table 2”, substitute— “Table 1”, “Table 2” and “Table 3” mean the tables with that number in Part 3, “ temporary crossing ” means any crossing which will be removed within a period of 12 months beginning with the date on which its installation commences, “ temporary structure ” means any structure, excluding impounding works, which will be removed within a period of 12 months beginning with the date on which its installation commences, , xv after the definition for “thorium alloy”, insert— “ trade effluent ” has the meaning given in section 59 of the Sewerage (Scotland) Act 1968, “ treated sewage sludge ” has the meaning given in regulation 4 of schedule 18 of these Regulations, “ trees or parts of trees ” includes any root wads, brash, stakes made of live willow and willow spiling but does not include timber products or wood prepared for use in building or carpentry, , xvi after the definition for “tritium source”, insert— “ trunk road ” has the meaning given in section 151 of the Roads (Scotland) Act 1984 , “ uncultivated land ” means land which has not been ploughed, rotovated or improved by management practices, but excludes land mounded for the purpose of planting riparian woodland), , xvii after the definition for “uranium or thorium compound”, insert— “ vegetable crops ” includes potatoes, leeks, sweetcorn, brussels sprouts, parsnips, swedes or turnips, marrows, pumpkins, squashes, rhubarb and artichokes, “ water for human consumption ” means water that may be ingested by humans, used in the preparation of food or drink, or used in the cleaning of materials involved in the storage or consumption of food or drink, “ water-bound road ” means a road or track constructed of coarse stone and fine aggregate to form a tightly bound semi-impervious surface, “ watercourse ” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices and passages through which water flows and includes artificial watercourses and underground watercourses, “ waterlogged ” means soil which is at water retaining capacity, except in a forest where it means where water is visible on the soil surface, “ water run-off ” means any water from rainfall or any meltwater from ice or snow flowing over or horizontally through the surface of the ground and any matter picked up by that water as it does so, “ well ” includes a permeable underground collection tank, “ willow spiling ” means live willow rods woven between live willow uprights driven into the bank or bed of a watercourse. , j in Part 2, in paragraph 2(1)(c) for “Table 2” substitute “Table 1” , k in Part 2, in paragraph 3— i in sub-paragraph (d) for “normal refuse” substitute “waste” , ii in sub-paragraph (g), before “waste” insert “radioactive” , l in Part 3— i in Table 2 for “1 x 10 0 ” each time it appears, substitute “1” , ii after Table 2 (including the notes to the Table and the table listing parent radionuclides and their progeny), insert— Table 3 Use of Agricultural Land following the application of sewage sludge 1. Activity 2. Period Grazing animals (1) Where conventionally treated sewage sludge has been deep injected or ploughed down into land where grass or a forage crop is grown for grazing. Three weeks commencing on the date of application to land. (2) Where conventionally treated sewage sludge has been applied to land, but not deep injected or ploughed down and where forage crops have been grown for harvesting, and those forage crops have been harvested. No grazing in the growing season of application. (3) Where enhanced treated sewage sludge has been applied to land where grass or a forage crop is grown for grazing, or applied to land where forage crops have been grown for harvesting, and those forage crops have been harvested. Three weeks commencing on the date of application to land. (4) Where any other types of sewage sludge or any other methods of application to land are used. Application not permitted. Harvesting forage crops (1) Where conventionally treated sewage sludge or enhanced treated sewage sludge, or both, has been applied to land where forage crops are grown for harvesting. Three weeks commencing on the date of application to land. (2) Where any other types of sewage sludge are used. Application not permitted. Harvesting vegetable crops (1) Where conventionally treated sewage sludge has been applied to land where vegetable crops are grown for harvesting. Twelve months commencing on the date of application to land. (2) Where enhanced treated sewage sludge has been applied to land where vegetable crops are grown for harvesting. Ten months commencing on the date of application to land. (3) Where any other types of sewage sludge are used. Application not permitted. Harvesting salad crops (1) Where conventionally treated sewage sludge has been applied to land where salad crops are grown for harvesting. Thirty months commencing on the date of application to land. (2) Where enhanced treated sewage sludge has been applied to land where salad crops are grown for harvesting. Ten months commencing on the date of application to land. (3) Where any other types of sewage sludge are used. Application not permitted. Harvesting fruit or horticultural crops (1)Where enhanced treated sewage sludge has been applied to land where fruit or horticultural crops are grown for harvesting Ten months commencing on the date of application to land. (2) Where any other types of sewage sludge are used. Application not permitted. . PART 3 Amendment of the 2013 Regulations Amendment of the 2013 Regulations 41 1 The 2013 Regulations are amended in accordance with this regulation. 2 In regulation 2(1) (interpretation)— a for the definition of “hazardous substance” substitute— “ groundwater hazardous substance ” means a substance identified in accordance with regulation 24A, , b for the definition of “pollutant” substitute— “ pollutant ” means any substance or heat liable to cause pollution to the water environment, including those listed in the schedule, , c after the definition of “SEPA”, insert— “ substance ” includes any chemical element and its compounds (including bacteria and other pathogens), , 3 After regulation 24 (measures to prevent or limit inputs of pollutants into groundwater), insert— Identification of groundwater hazardous substances 24A 1 SEPA must identify— a substances or groups of substances which are toxic, persistent and liable to bio-accumulate, and other substances or groups of substances which give rise to an equivalent level of concern, and b substances or groups of substances which are entering, or liable to enter groundwater. 2 In identifying the substances referred to in paragraph (1), SEPA must take particular account of substances belonging to the families or groups of pollutants referred to in paragraphs 1 to 6 of the schedule as well as substances belonging to the families or groups of pollutants referred to in paragraphs 7 to 9 of the schedule, if those are considered to be hazardous. 3 SEPA must publish and maintain a list of the substances identified in accordance with paragraph (1). , 4 Schedule 20 of these Regulations is inserted as the schedule to the 2013 Regulations. PART 4 MISCELLANEOUS Repeals and revocations 42 Schedule 21 makes provision for repeals and revocations. Consequential amendments 43 Schedule 22 makes consequential amendments. Transitional and savings provisions 44 Schedule 23 makes transitional and savings provisions. GILLIAN MARTIN A member of the Scottish Government St Andrew’s House, Edinburgh 27th May 2025