Industrial Processes

Part I of the Act introduced the system of Integrated Pollution Control (IPC) under which an operator requires an authorisation to operate certain processes which have the potential to cause significant pollution. An operator is required to use BATNEEC to prevent, or where that is impracticable, minimise and render harmless, the release of prescribed substances in a way that takes account of the environment as a whole.

IPC authorisations are being phased out over several years to be replaced by permits issued under the Pollution Prevention and Control (Scotland) Regulations. Sites that are controlled by IPC will gradually be changing to new PPC permits until 2007 when all sites should have converted.


Waste

Part II of this Act provides for control of waste management by Waste Regulation Authorities through the granting of Waste Management Licences. SEPA is the Waste Regulation Authority. The PPC regime is also replacing the Waste Management Licensing Regime for most operational landfills.


Contaminated Land - Part IIA

Contaminated land is dealt with under Part IIA of the Environment Protection Act 1990. SEPA does not directly regulate all contaminated land. Most of this is done by the relevant Local Authorities, except in the case of land designated as a special site.

Pollution of groundwater can occur by leaching of contaminants out of the soil. Therefore the reduction of contamination, or the remediation of land that is already contaminated can reduce possible groundwater pollution. Protection of controlled waters includes groundwater in Part IIA. One of the ways in which contaminated land can be identified is by it causing or having the potential to cause pollution of controlled waters.

SEPAs responsibilities with regard to Part IIA are to act as the enforcing authority and secure remediation for land designated as a special site. SEPA will also maintain a public register for special sites and prepare a national report on the state of contaminated land. SEPA can also provide site specific advice to local authorities and recover costs for remediation that it undertakes.

More information about contaminated land can be found here.