Water

SEPA has a duty to control discharges to:

• surface water
• tidal water out to a three-mile limit, and
• groundwater.

This is done through legally binding consents issued to dischargers. A consent is a document listing the location of the discharge, allowable flow, and the maximum concentration of the constituents - for example, ammonia, suspended solids, iron.

SEPA is not allowed to 'unreasonably' withhold consents and dischargers have a right of appeal to the Scottish Executive whose decision is final.

Consents must be kept under review to ensure that the conditions imposed remain adequate to protect water quality. Applications for consents for substantial discharges must be advertised in the press. The discharge and its effect on the environment are monitored by taking chemical or biological samples for laboratory analysis.

SEPA operates a charging scheme, approved by the Scottish Executive, to recover the costs of issuing consents, revising consents, and undertaking the monitoring. The monitoring may be routine or specific to an enforcement action if the consent is being breached. SEPA has the power, if necessary, to refer cases to the procurator fiscal for prosecution and, if found guilty, a discharger may be fined or face a term of imprisonment.

SEPA has a duty to conserve water resources as far as possible and measures river flows.

SEPA has powers to:

• demand the removal of potentially polluting material from controlled water
• serve remedial notices for silage, slurry and agricultural fuel installations
• issue enforcement notices for contravention of consent conditions
• issue works notices to stop or clean up pollution
• sample the water environment and to measure rainfall
• seek irrigation abstraction controls, and
• implement flood warning schemes.

SEPA is a statutory consultee on water orders, waste disposal plans, new drainage works and some agricultural grants.

SEPA has a duty to promote the conservation and enhancement of the natural beauty and amenity of controlled water. This includes the associated land and the conservation of related flora and fauna.

SEPA has a duty, on request, to advise councils of any information it has regarding potential flooding. SEPA assesses, as far as it considers appropriate, the risk of flooding in any area.


Air

SEPA controls atmospheric emissions from certain types of process. These are set out in regulations and are expected to have a medium pollution potential risk. These are generally smaller businesses such as heating boilers, small waste incineration plants, quarries, cement packing, and vehicle body shops. These are commonly known as 'Part B processes'.

Control is exercised through a legally binding 'authorisation' which defines in detail many aspects of the process itself as well as setting limits on the constituents of the emission. The authorisation is based on the operator employing the 'best available techniques not entailing excessive cost' (BATNEEC). They may exercise control over equipment used, training required and fuels burnt as well as setting limits on the emission of sulphur or suspended particulates.

SEPA has the power to issue enforcement notices to authorisation holders which specify remedial actions and timescales. SEPA also has the power to issue prohibition notices and to refer cases to the procurator fiscal.

SEPA must have regard to the government's national air quality strategy. Councils have powers to create air quality management areas where air quality standards or objectives are not being met. Within these areas councils will have clear powers to impose controls or restrictions, for example, on traffic circulation. SEPA has reserve powers, with the approval of the Scottish Executive, to direct councils to take steps to achieve air quality standards or objectives.


Integrated pollution prevention and control

SEPA has the lead responsibility to control discharges (to land, air and water) from the larger and more complex 'Part A' processes through Integrated Pollution Control (IPC) authorisations. These processes are prescribed in regulations and include, for example, power generation, oil refineries, and chemical manufacture.

A list of prescribed substances are also controlled by IPC and these include, for example, azides and hexachlorobenzene. The release of any of these substances to the environment must be prevented, minimised, or rendered harmless. Applications for IPC authorisations must be advertised in the press.

IPC relies on the use by industry of best available technology not entailing excessive cost (BATNEEC) in order to minimise emissions. It also uses the choice of the best practicable environmental option (BPEO) to determine the preferred disposal route, to air, land or water, which minimises pollution as a whole. Since BPEO may identify an aqueous discharge as preferable to an atmospheric emission, IPC would be implemented by both air and water Inspectors within SEPA.

Authorisations can be highly complex, involving detailed process technology, and may run to many tens of pages in length. Enforcement powers, including issuing of notices and referral of cases to the procurator fiscal, are available under IPC.

Previously the emissions which generated the greatest pollution problems, or were more difficult to control, were regulated by Her Majesty’s Inudstrial Pollution Inspectorate under the Health & Safety at Work Act 1974 and the Alkali, etc., Works Regulation Act 1906. Around 200 such authorisations are still in force.

The cost-recovery charging scheme, approved by the Scottish Executive, involves an application fee, a subsistence charge to cover inspection, monitoring and enforcement, and a variation fee if an authorisation is modified. Application fees are standard and are raised on a 'component' basis related to individual processes. Annual charges are fixed for HMIPI and variable for the SEPA depending on their monitoring programme.


Waste

SEPA which has a wide range of functions including registration of waste carrier and brokers, and licensing waste sites (waste transfer sites, civic amenity sites and landfill sites). As with a process authorisation, the licence will often be a lengthy document with conditions including:

• types and amounts of waste
• record-keeping
• staffing levels
• operating hours
• vehicle cleaning
• fencing, and
• noise limits.

The operator is normally responsible for all site monitoring, such as checking for gas or leachate emissions, although the results are subject to review and audit monitoring by SEPA.

As with other regulatory regimes, breaches of the conditions of a licence are offences which can be referred to the procurator fiscal.

A charging scheme, approved in Scotland by the Scottish Executive, is in force to recover the costs of dealing with applications, transfers and surrenders of licences. The scheme is based on a scale of charges related to the size and type of operation.

Councils and SEPA have powers that require occupiers of land to remove any illegally deposited waste (fly-tiping) and also have powers to clear up themselves if the occupier of the land or the fly-tipper cannot be identified.

Special waste, such as asbestos, acids and solvents, are regarded as being potentially dangerous to human life. The regulations provide for a 'cradle to grave' recording system of consignment notes which must be issued before, and must accompany, all special waste movements to ensure safe handling and disposal.

SEPA will advise councils whether any contaminated land should be designated as a special site, dependent on the degree of harm or pollution it might create. SEPA is the enforcing agency for special sites and has a duty to serve remediation notices on individuals or organisations. Failure to comply with the notice is an offence. SEPA has the power to undertake remediation itself and reclaim costs.


Radioactivity

SEPA registers the keeping and use of radioactive substances and authorises the disposal of radioactive waste. This remit includes the use and disposal of radioactive sources used for a wide variety of applications in industry, hospitals and universities. SEPA liaises with HM Nuclear Installations Inspectorate which has responsibility for safety at major nuclear installations.

Cost recovery is in line with the 'polluter must pay' principle. Two methods of charging exist; the nuclear establishments themselves are charged for actual professional time allocated, whereas smaller industrial users, including hospitals and universities, are charged an average cost.

SEPA has the power to issue enforcement and prohibition notices or to report offences to the procurator fiscal.

SEPA has responsibility for managing the Scottish interests in the Radioactive Incident Monitoring Network (RIMNET). This system, set up as a consequence of the Chernobyl accident, comprises 27 gamma dose rate monitors located throughout Scotland with the aim of providing an early response to nuclear accidents, both overseas and closer to home. SEPA plays a role in nuclear emergency planning.

In line with control of radioactive discharges from nuclear establishments, SEPA undertakes environmental monitoring for radioactivity in Scotland.


General

SEPA staff have powers of entry to land and premises.

SEPA has a duty to maintain and to provide public access to registers of authorisations, consents, licences and resolutions and also of applications, any enforcement actions taken and samples analysed.

Under the terms of the Environmental Information Regulations 1992, SEPA has a duty to provide reasonable public access to all environmental information, such as sampling and survey results and reports. There are some minor specified exemptions.

SEPA has a duty to have regard to guidance provided by the Scottish Executive concerning its contribution to sustainable development - the principle which seeks to reconcile economic growth with environmental protection.

In considering any proposals relating to its functions, SEPA must also have regard to the desirability of conserving and enhancing the natural and man-made environment and also to the social and economic needs of any area.

In order to carry out its pollution control functions, or to gain an opinion on the general state of the environment, SEPA will compile information which may be derived from general survey work.

SEPA has a duty to keep up-to-date with pollution control techniques and technologies and to make arrangements to carry out research which is related to its functions.

SEPA is required to consult Scottish Natural Heritage (SNH) where its interests overlap, particularly in relation to Sites of Special Scientific Interest (SSSIs) and Natural Heritage Areas.

Depending on circumstances, SEPA is required to take into account the likely costs and benefits of exercising its powers.

SEPA is required to provide advice and assistance to the Scottish Executive.

SEPA will have the power to propose charging schemes for environmental licences for the approval of the Scottish Executive.