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Chief Executive’s Report

Summary

Agency board report number: SEPA 46/23 - September 2023

This paper provides the Board with important updates on significant 
issues affecting the operating environment of SEPA, highlighting 
areas of environmental achievement and concern, enforcement 
action and major partnership activities, as well as business related 
issues in respect of corporate performance and activity since the last 
Board meeting on 25 July 2023.

Introduction

Our Annual Performance Report, currently being finalised, presents an enhanced dimension to the Agency. It's clear, concise and focused on our delivery for the people of Scotland. It tells the stories of our people together with the places and communities we serve.

As we enter the second half of the year, the organisational reset continues. Development of the Corporate Plan, including further sessions with the Agency Board, are delivering a strong plan for the next 3-year period. It brings clarity on our strategic priorities, on where we can make the biggest impact. As the Climate and Nature crises becomes more evident in events over the summer period, so too our response gains clarity in the facets that we as an Agency can gain most traction. Over the last period we joined national conversations on increasing unpredictability of flooding and scarcity as our climate changes.

The Chair and I met the Cabinet Secretary for Net Zero, Energy and Just Transition in August to discuss the progress of organisational transformation, prioritisation, development of our Corporate Plan and of outcome-based performance measures. As I write, the organisational reset continues with the launch of the recruitment of a new Board Chair, and in tandem the recruitment of five new Board Members. The recruitment, led by the Public Appointments Panel represents a real opportunity to recruit a Board to complement our current Board Members skills and interests, and build on SEPA’s journey, transforming for the future of our environment.

Simultaneously, I launched an organisational reset focusing on the transformation of the Agency in tandem with the focus required on Public Sector Reform and on delivery of our statutory purposes.

The soft launch of Protect Adapt Improve: Our Approach to Regulation has been well received over the last period. Significant work is underway to bring greater clarity to the complexity of Regulation and our approaches, in particular the collaborative partnerships required. We aim to support those seeking compliance and those businesses innovating beyond mere compliance to truly energise and lead the significant shift required to meet the climate and nature crisis. We will take action against those who fail to comply, to protect Scotland’s environment.

We will work to bring a focus to the significant partnerships and place-based delivery led by the Agency and where we participate with others. We will understand where and how we add value using emerging examples on blue-green infrastructure, the Grangemouth Hub, the Leven, the Water Environment Fund, and many more areas too numerous to mention.

As an organisation, our people are front and centre. We continue our commitment to our people, launching our Transgender Equality Policy and we mark a year since the launch of our Menopause and Periods Policy. We move forward with our transition to regional hubs and a new model of public sector delivery, with the Edinburgh Hub at Waverley Court functioning and our exit from associated buildings complete. We continue to engage with our stakeholders, and to build and strengthen new relationships.

Whilst there’s no doubt a challenging period lies ahead, we have redefined our focus, cohesion and impact. I’m proud to lead the Agency through these challenges and celebrate the important delivery and contribution we make to Scotland’s future through our emerging Corporate Plan, aligned to the Scottish Government Environment Strategy and the recently launched Programme for Government. As we further increase our impact on Scotland’s environment, people, prosperity and economy we start with a strong six months of 2023/24.

There is much to be proud of, much to build upon and much to look forward to.

SEPA. For the Future of our Environment

Regulation

Dalgety Bay (CLT Lead: David Harley)

In 1990 radioactive contamination was first detected on a beach at Dalgety Bay, Fife. Since then, thousands of radioactive sources have been detected and recovered from the beach. In 2006 and 2008 assessments performed by SEPA resulted in the erection of warning signs. In 2010 and 2011 large numbers of sources, and sources which would pose a very serious risk to health were detected, and part of the beach was closed. Since 2011 SEPA has worked hard to assess the contamination and ensure that remedial measures are effective in protecting the public.

In September 2023, remediation works will be complete at Dalgety Bay. This has involved screening of the beach and containment of the remaining contamination at Dalgety Bay so that it no longer poses a risk to public health. SEPA’s work at Dalgety Bay has drawn international attention and has been the subject of many media reports.

Following the completion of works, SEPA will issue a close out report for the site. This will detail work undertaken and the forward monitoring programme for the site. The monitoring programme will initially verify the effectiveness of the remediation and then check that the containment remains effective.

Riverwoods Partnership (CLT Lead: Bridget Marshall)

Last month the Scottish Wildlife Trust (SWT) on behalf of the Riverwoods partnership, announced that the Almond Headwaters Project, led by Perth and Kinross Countryside Trust (PKCT), and the River Ericht Catchment Restoration Initiative project, led by Bioregioning Tayside were both awarded funding from Esmée Fairbairn Foundation through the Riverwoods Investment Readiness Pioneers project. The £124,190 development funding for each project will kickstart commercially viable river woodland recovery efforts in their respective catchment areas. SEPA is a  key delivery partner of the Riverwoods initiative, and supported SWT in selecting the two successful projects. Further information is available on the Scottish Wildlife Trust website.

Launch of Manage your UK Emission Trading Scheme (METS) to support our regulation of the UK Emission Trading Scheme (UK ETS) (CLT Lead: David Harley)

The Manage your UK Emission Trading Scheme reporting system (METS) has now launched. METS is replacing the Emissions Trading Scheme Workflow Automation Project (ETSWAP) system which UK Emissions Trading Scheme (UK ETS) regulators (including SEPA) have used successfully for the last 10 years for all UK ETS permit related activities. The ETSWAP system had become outdated and was no longer capable of effectively holding and managing the large volume of data and information that it needs to contain. The METS service is for operators, regulators and verifiers who conduct activities covered by the UK ETS or the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA).

Operators and aircraft operators should use this service to apply for an emissions monitoring plan or permit, manage emissions monitoring plans and permits and submit annual reports. Regulators (SEPA) should use this service to assess applications and reports.

As part of the METS transition the carbon reduction, energy & industry team have worked to successfully onboard Scottish operators. A small number of Scottish ETS operators still need to be onboarded.

Restoring The River Leven, Fife (CLT Lead: David Harley)

Work has started on the first phase of the Restoring the River Leven project in Fife. This is a key milestone for the project and the wider Leven Programme.

The river Leven flows 29 miles from Loch Leven into the Firth of Forth, supporting businesses to deliver products and create jobs. However, river engineering for now-redundant industries harmed the river’s natural processes.

The project will re-naturalise a 4 km stretch of the River Leven from Cameron Bridge to Leven, for the benefit of local communities, river quality and wildlife.

The first phase of works is located on the north shore of the river Leven around the new Cameron Bridge Station and Duniface Crossing point (known locally as Swaines Bridge) in close collaboration with the Levenmouth Rail Link project.

SEPA staff were interviewed for Radio Forth and the BBC Out of Doors programme, as well as quoted in local media. The Leven Programme details several of the exciting events taking place in relation to this project. The most recent event ‘BBQ and a Blether’ gave project partners the opportunity to engage with the local community. There are plans for further public consultations as the next phases of the Leven Programme progress.

Watch the Leven Drone footage.

2023 Water scarcity event (CLT Lead: David Harley)

Following an exceptionally wet July, much of Scotland has recovered to near-normal water scarcity conditions.

SEPA re-tasked staff from across the organisation to respond to the situation. There was close and effective liaison between SEPA, stakeholders, Scottish Government and Ministers throughout a fast-changing situation.

Our focus is now moving to lessons-learnt from the 2023 water scarcity event, engaging with abstractors and reviewing the policy approach, to help Scotland and businesses adapt to a changing climate. We are also finalising a messaging system, like the flood forecasting system, which will inform abstractors during future water scarcity incidents. The system will be ready by October 2023 for use in subsequent years.

Water scarcity tools (CLT Lead: David Pirie)

During the water scarcity incident over the summer, SEPA developed several innovative tools for SEPA staff. These are flexible low code data management solutions, which enabled quick development and adjustment of tools as the incident unfolded. As well as a new application to track and gather information from phone calls made by staff to operators, we also trialled our first use of a tool to produce dashboards for regulatory managers during an incident. An internal knowledge hub was set up which enabled over 50 staff and managers to find the latest live information during the rapidly evolving situation.

Grangemouth Regulatory Hub (CLT Lead: Lin Bunten)

The Grangemouth Future Industry Board brings together public sector partners to facilitate collaboration in pursuit of long-term sustainable economic success for Scotland’s core manufacturing cluster. One of its workstreams is the Grangemouth Regulatory Hub, led by SEPA.

A key project is to pilot an Outcome Based Collaborative Regulatory approach; a project made possible by a grant from the £12 million Regulators’ Pioneer Fund launched by the Department for Business, Energy, and Industrial Strategy (BEIS). The fund enables UK regulators and local authorities to help create a UK regulatory environment that unleashes innovation and makes the UK the best place to start and grow a business. The project aims to address the challenge of understanding how regulation can contribute to achieving net zero and a circular economy and be ‘innovation friendly’, whilst maintaining high standards and levels of protection for communities and the environment.

The project will address this challenge collaboratively with other regulators and partners in business/industry, and with communities, to explore and test an approach to regulation that focusses more on outcomes (“the what”) rather than on process (“the how”). This approach facilitates a more flexible, less prescriptive approach to managing potentially negative impacts of business and industry on communities and the environment.

Grant funding has been agreed and SEPA is currently recruiting to formally commence the project in September 2023. The project runs for 18 months and will complete in March 2025.

Barnbeth Road, Pollok (CLT Lead: Lin Bunten)

In early 2023, SEPA was made aware of waste deposits (including sofas/ furniture/ mattresses/ green waste) on vacant land at Barnbeth Road, Pollok and undertook an investigation. The site drew a lot of concern from the local community, including local councillors and the MSP. In June2023, the building was the subject of a fire, resulting in the demolition of the building. After interventions by SEPA, the partially burnt waste and demolition material was voluntarily cleared from the site by early August 2023. The site is now secured by a padlock.

Enforcement activity (CLT Leads: Lin Bunten and David Harley)

The graph shows the more significant enforcement actions taken for offences from 1 April 2023 to 28 August 2023, against a variety of environmental Regulations.

Illegal activity enforcement summary (CLT Lead: Lin Bunten)

The graph provides a summary of the actions taken by SEPA that have resulted in illegal activities ceasing or brought them into compliance with legislation. The final warning letter, fixed monetary penalty and the statutory notice figures are also included within the figures in the graph  above “No. of Enforcement Actions (ISSUED)”.

Further details on fixed monetary penalties (FMP) can be found on the Penalties imposed and undertakings accepted enforcement page.

Partnership activity on waste crime (CLT Lead: Lin Bunten)

Below are some highlights of the work ongoing to deliver against our AOP target of “Work in partnership to target high risk environmental crime, clamping down on unlicensed operators.”

This shows the partnership activity undertaken by SEPA to tackle waste crime during this financial year. This has been in conjunction with many partners and the map displays the scale and extent of our activities across Scotland to date this year.

• Aberdeenshire - Roadstops and illegal site interventions including submissions to COPFS.
• Ayrshire - Illegal site interventions including submissions to COPFS.
• Cairnryan - Post-related activity
• Cross-border - Multi-agency engagement on waste crime
• Falkirk - Illegal activity interventions.
• Glasgow and Renfrewshire - Illegal site interventions and roadstops.
• National - Online digital interventions targeting unauthorised waste service providers.
• North Lanarkshire - Roadstops and illegal site interventions.
• South Lanarkshire - Illegal site interventions.

Multi agency road stops (Lead CLT member: Lin Bunten)

Throughout July – August 2023 SEPA has been working alongside North Lanarkshire Council (NLC) Protective Services and Police Scotland in a series of road stops, undertaking vehicle emissions testing and checks for unlicenced waste carriers potentially carrying controlled waste without the appropriate waste transfer notes. To date we have inspected 83 vehicles, with advice and guidance provided to nine individuals. By continuing this type of activity with partners SEPA can tackle the specific road routes close to fly tipping hotspots or illegal sites to disrupt the activities.

Digital interventions project (Lead CLT member: Lin Bunten)

SEPA has been undertaking a project to disrupt activity of unlicenced operators advertising on social media, including posting on local community groups. Although several investigations are ongoing, our first success included the removal of an illegal operator’s social media account which included the removal of every post they had published on their page or in any group pages. This disruption tactic will help divert members of the public from using illegal operators as well as financially impacting the illegal operator by removing their ability to generate new business. A number of these types of operators do not use legitimate disposal routes for the waste they have collected, which can lead to fly tipping in local communities, or disposal activities on a larger scale on private land.

Health & safety of operational SEPA staff (CLT Lead: Lin Bunten)

SEPA views the Health & Safety of its staff with utmost importance, and we are committed to reviewing and updating our processes and resources to support this. As part of this, there have been several actions taken in relation to how we deal with instances or sites where there has been violence or aggression. SEPA has a zero-tolerance approach regarding violence or aggression directed towards our staff.

Amongst updates to procedure and risk assessments, we hosted information sessions for managers and supervisors on our processes and approach to dealing with sites or operators with violence & aggression markers, how to support staff, and ensure all steps are taken to provide a safe working environment as far as possible.

In support of our zero-tolerance approach we have rolled out Body Worn Cameras to staff and are providing training on their use. Body Worn Cameras are a tool available to staff to consider se on sites that may have violence & aggression risks, to help provide a means of de-escalating behaviours and for capturing behaviours for staff safety.

Sea Lice Modelling progress update (CLT Lead: David Pirie)

Managing interactions between sea lice from marine aquaculture and wild fish is a high priority for SEPA. We’re currently consulting on a proposed risk-based framework to improve the approach in Scotland. Sea lice modelling plays an important part in the management of the issue. Technical work in this area is complex and demanding but also highly controversial. A large amount of ongoing technical work in this area is essential to meet the demands for sea lice management information. This will require input from a range of stakeholders including industry, government, academia, and campaign groups.

During August 2023, SEPA hosted two workshops to start to define what work is needed in the short and medium term. Workshop one was attended by representatives of the aquaculture industry and government modellers. Discussion was positive and a key output was agreement on the need to develop a better unified model of the west coast of Scotland and a model combining Orkney and Shetland. The second workshop was attended by modellers affiliated with the Coastal Communities Network (CCN). This group has created their own models of much of Scotland’s coastline and are actively modelling sea lice using their own tools and approaches. This work is similar to SEPA’s own modelling for the consultation and is producing similar results. CCN also agreed that better unified models are a key requirement. A third workshop will take place in early October 2023 to try to identify how to build better models using the combined expertise and effort of key modelling groups, including commercial service providers.

Additionally, SEPA is contributing to a joint Scottish/Norwegian initiative called the Sea Lice Uncertainty Group (SLUG). The aim of the group is to bring together published knowledge on sea lice modelling and produce guidance on technical matters to help minimise uncertainty in modelling. An in-person meeting of SLUG will be held in Pitlochry in early September 2023. Output from this workshop will be highly valuable to SEPA’s work on the management of sea lice interactions. Watch a short video on SEPA’s sea lice modelling work.

Flooding

Scottish Government strategy workshops (CLT Lead: David Pirie)

SEPA is working closely with the Scottish Government, to help drive forward the future of flood risk management in Scotland. Representatives from Flooding and Planning teams have attended four workshops over the last two months. Two were held with flood risk management practitioners and two had a community focus to shape the direction of the first Flood Resilience Strategy for Scotland. SEPA remains in regular contact about the progress of the strategy and look forward to taking part to further workshops in the autumn.

World drowning prevention day – Water Safety Scotland (CLT Lead: David Pirie)

As a member of the Water Safety Scotland (WSS) partnership, SEPA participated in Scotland’s Water Safety Open Day at Helix Park, Falkirk, in support of the third World Drowning Prevention Day. This year’s theme built on “Do one thing” for drowning prevention and suggests a series of calls to action. In SEPA’s case this focuses on raising awareness of flooding hazards, and our information services, which aim to help people reduce the impacts of flooding on their lives.

The WSS partnership brings together a wide range of emergency service, public and voluntary sector community safety partners. Its main purpose is to understand the risks around water in Scotland and engage with partners to develop a consistent approach to the prevention of water-related fatalities.

New planning decisions in flood risk areas (CLT Lead: David Pirie)

The fourth National Planning Framework (NPF4) came into effect in February 2023. Since then, SEPA has been providing advice to the Scottish planning system based on the updated policy, which represents a radical change in how we plan our future places to address the climate emergency. That has been a big task for SEPA as NPF4 represents a step-change for the planning community in Scotland, and there was no transition period between the previous national policy and NPF4.

Hydrology monitoring framework (CLT Lead: David Pirie)

The next 10 years are predicted to be a period of significant climatic and technological change. The Hydrology Monitoring Framework Project is an ambitious and complex piece of work aimed at identifying and answering the fundamental questions about what it means to be Scotland’s Hydrometric Monitoring Authority now and in 2035. This will help to inform SEPA’s resourcing and the shape of our future Hydrometric Network. Governance arrangements for this project are now being set up, with the Steering Group due to meet for the first time in early October 2023. Customer engagement on future data needs is planned to start in Quarter 4 2023/24.

Hydrometric network maintenance and updates (CLT Lead: David Pirie)

As drought conditions eased in July and August the team have been working hard to complete all necessary summer network maintenance. There is high confidence that all necessary network maintenance will be complete by the autumn. The capital works for 2023/24 continue to progress against expectations. Technology upgrades which aim to improve the quality and resilience of our data feeds have progressed slower than expected, however we expect to recover this position in the second half of 2023/24.

Flood Risk Management Act – Powers of access (CLT Lead: David Pirie)

Over several years SEPA has been working to put in place the prerequisites which enable our access to Hydrometric Gauging Stations under the powers afforded to us in the Flood Risk Management Act. Initial work has now concluded with the District Valuers Service, and we have received a scheme of market rent. This scheme will be used as a cap for future lease agreements across the network. One final piece of work with the District Valuers Service is now underway; this is associated with reasonable compensation for access and disturbance. This will conclude in the second half of 2023.

Laboratory and sampling quality assurance (CLT Lead: David Pirie)

SEPA is accredited to the quality assurance standard ISO 17025 for specific areas of laboratory, field, and sampling work. This includes analysis for chemistry in the laboratory (inorganics, organics, and metals analysis), microbiology analysis and bathing water sampling, field chemistry work (sampling and analysis), and good governance of our business management system. The full range of techniques is at SEPA Schedule of Accreditation.

We are assessed annually by the UK national accreditation body (UKAS). Following a productive visit between April and June 2023, with six assessors visiting multiple locations, we have had our accreditation successfully maintained for another year.

Organisation

Future of work (CLT Lead: Kirsty Paterson)

As we look to the future of the organisation through One SEPA Modernisation, the procedures, support, tools, and resources we use to develop our people and make this a great place to work will be reviewed. We will develop a strategic people plan, capturing current activity and our timelines to develop and enhance our offering. We will create a modern, employee focussed, flexible and innovative offering for wellbeing, learning and development, engagement, and training, which will help us to retain and develop our expert workforce, and create opportunity to attract diverse and skilled talent.

SEPA published the Strategic Approach to Our Workspaces in May 2023 which is fully aligned to the Scottish Government’s property policy to:

• Reduce the public sector estate footprint and costs and have fewer, better buildings which support our people and our service delivery to the public.
• Increase co-location, collaboration, and the interoperability of offices across the Scottish public sector incorporating flexible location models.
• Reduce public sector office carbon emissions.

In taking the first steps to implement the Strategic Approach to Our Workspaces, SEPA has successfully relocated from our Silvan House office in Edinburgh to a shared Regional Hub with the City of Edinburgh Council at Waverley Court, and an operational Support Centre at Newbridge. We have also exited our Glenrothes office and Troon store.

Web estate refresh (CLT Lead: Bridget Marshall)

Committed to Scottish Government’s objective of creating modern, accessible public services, SEPA is undertaking a multi-year refresh of our web estate.

Following best practice, the project is working to Scottish Government’s Digital Scotland Service Standard (DSSS). The Service Standard is a set of fourteen criteria that all digital services developed by Central Government public bodies should meet. The standard firmly focuses on users and their needs, solving problems, helping users succeed first time and the delivery of secure, reliable, and accessible public services.
Scottish Government have confirmed that the project passed ‘discovery’ and ‘alpha’ phases.

Following extensive user research, brand and website accessibility testing, a phase one beta site will enter private beta for further testing in September 2023, with the public beta launching in December 2023.

Cyber Essentials+ (CLT Lead: David Pirie)

The Information Security (IS) department has successfully renewed SEPA’s Cyber Essentials certification; Cyber Essentials+. This is a standard for ensuring our cybersecurity resilience. This certification affirms that our systems and practices align with industry-recognised cybersecurity standards, enhancing our ability to protect sensitive information and maintain operational continuity.

Finance services and management accounts (CLT Lead: Angela Milloy)

During August, the Finance & Procurement team initiated the roll out of a suite of Management Development training covering all aspects of finance and procurement ranging from topics such as:

• budget management;
• raising a purchase order;
• Agresso web training;
• understanding income; and
• what proper procurement looks like.

It is intended to continue with this training programme to ensure staff remain informed, trained, and updated and thus SEPA maintains strong financial assurance.

Charging schemes (CLT Lead: Angela Milloy)

In September, several charging consultations will be held for Reservoirs, Transfrontier Shipments, and Emissions Trading Scheme. These form an integral part of SEPA’s openness on how they charge for licenced activities.

Work is progressing and inter-woven with the Scottish Government income sprint on the overall charging scheme review.