Written Question · S2W-03144 · Session 2
Whether the Scottish Environment Protection Agency (SEPA) has authority to prosecute operators of (a) landfill sites and (b) sewage works i…
The question
To ask the Scottish Executive whether the Scottish Environment Protection Agency (SEPA) has authority to prosecute operators of (a) landfill sites and (b) sewage works in relation to offensive odours; if not, what action it will take to ensure that SEPA has the authority to prosecute operators of sewage works who allow offensive odours to be produced, and what the reasons are for the position on this matter.
The answer
The decision on whether ornot to proceed with a prosecution against an operator in relation to offensiveodour is a matter for the Procurators Fiscal Service. The Scottish EnvironmentProtection Agency has, in addition to its ability to recommend cases forprosecution, a range of statutory powers to take enforcement action againstoperators who breach conditions in its licences. This includes requiring anoperator to take remedial action to address a problem and revoking a licence.
Depending on circumstances, landfillsites fall within the scope of Waste Management Licensing (WML) under Part IIof the Environmental Protection Act 1990 or the Pollution Prevention andControl (Scotland) Regulations 2000 (PPC). Some sewage treatment worksfall under WML. Others will transfer to PPC by 2007. The Scottish Environment ProtectionAgency enforces both regimes and is able to include conditions in licences orpermits to prevent offensive odour from a site. For those sewage treatmentworks that do not come within the scope of either regime, local authorities havepowers under Part III of the Environmental Protection Act 1990 in relation tostatutory nuisance, which includes offensive odour.
Depending on circumstances, landfillsites fall within the scope of Waste Management Licensing (WML) under Part IIof the Environmental Protection Act 1990 or the Pollution Prevention andControl (Scotland) Regulations 2000 (PPC). Some sewage treatment worksfall under WML. Others will transfer to PPC by 2007. The Scottish Environment ProtectionAgency enforces both regimes and is able to include conditions in licences orpermits to prevent offensive odour from a site. For those sewage treatmentworks that do not come within the scope of either regime, local authorities havepowers under Part III of the Environmental Protection Act 1990 in relation tostatutory nuisance, which includes offensive odour.
In the Official Report
No contribution in the Official Report cites S2W-03144 by reference.