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Chief Executives Report

Summary

Agency board report number: SEPA 47/23 - November 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 26 September 2023.

Introduction

As we enter the third quarter of the financial year, the organisational reset continues at pace. We are working to develop a People Strategy to support the organisation through this widespread change to ensure we are both fit for the future, aligning with our emerging Corporate Plan, but also to maximise the opportunities for the Agency within the wider Scottish Government Public Service Reform Programme. We will map the aims and deliverables of each of the teams with clear timelines, so that our people will feel supported, encouraged and more confident in their roles.

In tandem we have extended our successful bespoke executive leadership coaching to all members of the Strategic Leadership Team, recognising the critical role effective leadership plays in driving positive outcomes, addressing complex challenges and supporting innovation and a positive Agency culture.

As part of the organisational reset, we have commenced a restructure of the Corporate Leadership Team. We are working through the process with our people and Trade Unions in an agreed open and transparent manner with regular communications to staff. We are currently recruiting to the post of Chief Governance Officer within this new team working with our recruitment partners.

Our work to finalise our next three-year Corporate Plan is reaching its conclusion together with the development of our next Annual Operating Plan, ready to present to Ministers in early 2024. We intend to extend the approach employed in the successful 24th October Stakeholder Workshop with partners, hosted by our people at our Angus Smith Building. There was significant impact in opening our doors and sharing our stories and successes in a new way with stakeholders, ensuring alignment of our Corporate Plan objectives where possible with delivery partners.

Scotland experienced unprecedented rainfall and flood events throughout October. I am proud to say our team’s response, modelling and partnership working was exemplary, fully performing our role as Scotland’s National Flood Forecasting and Warning Authority. Timely warnings and

information to allow Ministers, emergency responders, local authorities, businesses, and the general public to take action were professionally provided despite the challenges faced. There is further detail later in this report.

I visited the Water Environment Fund (WEF) project at Levern Water at Barrhead and, along with the Minister for Local Government Empowerment and Planning, Joe Fitzpatrick, joined Elected Members from East Renfrewshire Council, community representatives and the contractors, to see the attractive blue-green space for the local community and improved floodplain within the town centre. It was great to see how WEF has acted as a catalyst for the local community and such positive multi-functional place making from vacant and derelict land.

Over the course of this quarter, I have increased the amount of external stakeholder engagement including hosting the VIBES Scottish Environment Business Awards in Glasgow on the 8th October. I attended the European Heads of Environment Protection Agencies meeting in Helsinki at the end of September, and co-chaired the subsequent sub group of the Better Regulation Interest Group (BRIG) in Brussels in October. I’ve spoken of SEPA’s role in Resilient Infrastructure at the Institution of Civil Engineers Scotland Branch AGM in October, and a keynote address on ‘Policy and Regulatory Priorities to enhance nature and meet targets aimed at restoring and regenerating biodiversity by 2045’ at the Robert Gordon University, Biodiversity Law and Policy Conference, and closed the Scottish Resources Conference in Perth.

Importantly, as Scotland’s principal environmental regulator we have taken robust action against those who fail to comply to protect Scotland’s environment. As a result of the regulatory action that we took against one of Scotland’s longest running non-compliant sites, offensive odour has been eliminated and local residents have experienced an odour free spring and summer.

The Chair and I continued our round of Leaders Meetings with a visit to Daldowie Fuel Plant with Scottish Labour Leader Anas Sarwar, hosted by site operators Drax. SEPA gave evidence at the October Net Zero and Energy Committee, represented by our Interim Chief Officer of Circular Economy.

Some highlights of a period where our organisational reset has moved forward significantly, our teams have been challenged with the impacts of Climate Change on our communities and we continue as Scotland’s principal environmental regulator to protect Scotland’s environment.

Avoid

UK Flood Hydrology Roadmap

It is essential that planning decisions are informed by sound environmental evidence to protect Scotland’s communities from the dangers of flooding. However, many of the methods in use throughout the UK today are very old and do not fully account for climate or land use change, particularly in small or urban catchments. To help address these issues we are working with colleagues from across the UK, industry and academia to deliver against a 25-year vision for flood hydrology in the UK. By collaborating with partner agencies, we are benefitting from collective resources and funding and ensuring Scotland’s needs are represented. (DP)

Updated Strategic Flood Risk Assessment guidance

The publication of the fourth National Planning Framework in February 2023 introduced changes to policy on development in areas at risk of flooding, and changes to the development planning process. We have been updating our guidance for planning authorities on carrying out Strategic Flood Risk Assessments, in consultation with Scottish Government and local authorities. The finalised guidance is now being shared with stakeholders for use in preparing new Local Development Plans. This will ensure that at the earliest and most strategic stages of the planning process, land that is at risk of flooding and its most appropriate use is identified. (DP)

Adapt

Transition of marine pen fish farm permits onto the new regulatory framework

We have developed a new, simple and clearer permit template for marine pen fish farms, which reflects the requirements of the new regulatory framework for aquaculture. Moving to the new permits provides the opportunity to bring conditions in line with current standards, update any outdated conditions and resolve inconsistencies.

Significant work has been undertaken to prepare to transfer all active marine pen fish farm permits onto the new permit template starting with Cooke Aquaculture Scotland permits. After a period of consultation we have now issued the final variations. During this process we have made improvements to our way of working and have a clear tested plan to follow. This puts us in a good position to achieve our aim of completing the remaining operators by the end of the financial year. (LB)

Protect

Radioactivity in Food and the Environment Report

The 28th edition of the Radioactivity in Food and the Environment (RIFE) Report was launched on 2 November 2023. The report includes results from monitoring undertaken across Scotland during 2022. It makes an estimation of the radiological dose, from authorised discharges to the environment, to the public living around nuclear licensed sites in the United Kingdom.

In 2022, the radiological doses received by members of the public in the United Kingdom are estimated to be significantly below the legal dose limit of 1 millisievert (mSv) per year.

All permitted radioactive discharges and emissions from the nuclear licensed sites were within the authorised limits. The report continues to be a demonstration to the public of the effectiveness of SEPA's robust permitting processes and inspection regime. (DH)

Partnership working to target environmental crime

In response to complaints about an illegal End of Life Vehicle site in Lanarkshire, we took part in a multi-agency day of action to disrupt the illegal activity and investigate on 28 September. We worked with Police Scotland, North Lanarkshire Council and Scottish Power. We provided on-site support by deploying a drone as part of the regulatory activities carried out on the day. Investigations are ongoing and we are continuing to engage with the parties involved. Many outlets assisted in an appeal for information as part of the day of action including the Daily Record, the Glasgow Herald and the Glasgow Times. (LB)

SEPA officers taking part in the multi-agency day of action.

SEPA appeals for information to tackle waste crime in North Lanarkshire

SEPA investigate illegal activity linked to waste vehicles in North Lanarkshire - Daily Record

Lathalmond M90 Commerce Park historic deposit of waste carpets and plasterboard

The M90 Commerce Park in Lathalmond has approximately 9000 tonnes of waste deposited.

We have taken enforcement action. The owners of the commerce park will ensure the waste is cleared and the site will be restored to commercial use by August 2030. This is a significant outcome as the site generates ongoing concern from both local residents and elected members. The estimated clearance cost is one million pounds. (LB).

Enva composting site

The Enva composting site in Lanarkshire was one of Scotland’s longest running non-compliant sites, and since 2017 has generated a very large number of complaints due to offensive odour. Despite the operator undertaking various odour abatement measures, the issue remained. In 2022, we served a statutory notice requiring compliance with the odour condition by 1 April 2023. In order to comply, the operator stopped accepting specific waste streams at this site. As a result, the local residents have had an odour free spring and summer. Significant upgrade work is now planned to provide a long-term solution. (LB)

Improve

Anti-microbial resistance and pharmaceutical pollution

SEPA is helping to deliver sustainable healthcare in Scotland through the One Health Breakthrough Partnership. This work focuses on reducing the environmental harm caused by medicines and forms an important part of NHS Scotland’s Climate Emergency and Sustainability Strategy.

Anti-microbial resistance and pharmaceutical pollution are two major interconnected environmental issues. We regulate many sectors and activities that affect the spread of anti-microbial resistance in the environment. We recognise the importance of the issue and are supporting the work led by the Scottish Government. (DP)

Scottish Resources Conference (SRC)

SEPA partnered with the Chartered Institute of Waste Managers and held The Scottish Resources Conference on the 3 and 4 October. The theme was around turning circular economy strategy into action. The conference is a platform for Scotland’s waste and resource sector to collaborate, share knowledge and promote innovative solutions towards a more sustainable future for Scotland's resources.

The Minister for Green Skills, Circular Economy and Biodiversity, Lorna Slater, highlighted both the successes and challenges of Scotland’s transition to a circular economy. There were panel sessions addressing these challenges as well as discussions on packaging reform, the landfill ban and the role of technology and innovation - all significant milestones in our transition to a circular economy. We provided insight sessions on the impact of Persistent Organic Pollutants, how Scotland is tackling waste crime and delivering Scotland’s Litter and Flytipping Strategy.

Important themes that emerged were the need for strong government policies and regulations to create an enabling framework for a circular economy, and the urgent need for collaboration. (DH, LB)

Water Environment Fund

Rivers are a vital part of our landscape and a great asset to Scotland. We have a number of projects that are part of a wider programme of work to improve the water environment. This section of the report will give highlights from two projects.

Salmon recorded above Gateside Mills for first time in over 120 years

Salmon have been found upstream of Gateside Mills on the River Eden in Fife for the first time in over 120 years. This is following our removal of the Gateside Mills weir in Summer 2022. The project that opened up 18km or river to migrating fish, was the first Water Environment Fund project to measure and actively reduce carbon emissions as the work was carried out.

Emissions were reduced by 35% over design estimates.

Cross Mill Weir removal, Barrhead, East Renfrewshire

Work has now started on the removal of Cross Mill Weir in Barrhead. This project follows the successful Water Environment Fund funded Levern Valley Restoration project completed in 2022.

Delivered in partnership with East Renfrewshire Council and the Green Action Trust, removal of the weir will open up 3km of river to migrating fish for the first time in 100 years. (DH)

Provision of evidence to Net Zero, Energy and Transport Committee on the Circular Economy (Scotland) Bill

The Scottish Government recently introduced the Circular Economy (Scotland) Bill to parliament. We recognise that sustainable consumption and production are essential for Scotland’s transition to a low-carbon and green economy. Material consumption is a driver of nearly every environmental problem Scotland currently faces. Estimates suggest around four fifths of Scotland's carbon footprint comes from the products we manufacture, consume and throw away and the services we use.

We provided written and oral evidence on the Bill to the Net Zero, Energy and Transport Committee. We welcomed the provisions in the Bill, in particular the proposal to put the regular production of a Circular Economy Strategy on a statutory footing, in a similar way to the Climate Change Plan. We also welcomed enhanced powers for us to tackle waste crime and made several constructive suggestions for how the Bill could be strengthened.

The Bill contains several proposals which may result in new duties for us, in particular a ban on the destruction of unsold consumer goods and the mandatory reporting of food waste and surplus. Discussions with Scottish Government with respect to these proposals are ongoing. (DH)

Warn

October major flooding events

Following on from Storm Agnes at the end of September, which was primarily a wind-impact event, Scotland suffered two high-impact flooding events on 6 to 9 October and 18 to 22 October 2023 (named Storm Babet by the Met Office).

Both storms resulted from extreme weather and involved extensive flooding of communities, required multiple property evacuations and all had our forecasting and warning information at the heart of operational planning and response.

Storm Babet particularly affected communities in the northeast, with Brechin and parts of Aberdeenshire seeing extremely serious impacts. Other areas adversely affected included Aberfoyle, Perth and Aviemore (6 to 9 October), where severe flood warnings were in place due to widespread flooding impacts affecting property and infrastructure, including:

• Flooding to community services and infrastructure;
• Widespread local and national rail inundation and service cancellations;
• Numerous road closures due to flooding and landslides;
• Evacuation of multiple caravan sites and residential properties.

Forecasting & warning

Storm Babet proved exceptional in terms of the lead time of the forecast and its accuracy (in location, severity, and timing). The risk was raised in our Flood Guidance Statement to responders five days ahead from Sunday 15 October, raised to amber on Tuesday 17 October and red on Wednesday 18 October.

We issued and updated local community level flood warnings throughout the event from Thursday to Sunday. Five severe flood warnings were issued on Thursday afternoon and evenings, up to 12 hours before disaster struck. We forecasted that flood defences in Brechin would be overwhelmed which enabled us to advise local responders, who were then able to organise evacuations during daytime on Thursday.

Equally for the 6 to 9 October event, our Flood Guidance Statements from 6 October very clearly flagged the growing likelihood and impact risk areas. As an indication of the extent of this event, at one point we had 10 regional flood alerts, 34 local flood warnings and two severe flood warnings in force, and played an active part in the declaration of a major incident by Police Scotland on Friday 6 October.

Partner and public engagement

During both events we were a key participant in multiple national, local and regional resilience partnership groups, convened to address the impacts in numerous parts of the country. This included a Strategic Coordination Group, chaired by Police Scotland, where a major incident was declared, and Scottish Government Resilience Room meetings involving senior officials and Ministers.

Two examples of media coverage demonstrating impacts from each event may be viewed here:

• 9 October BBC News: Flooding risk remains high in parts of Scotland despite rain easing
• 20 October BBC News Live Reporting: Deaths rise to three as flooding hits UK

The active engagement by partners and the public in this event contributed to a 10% increase in Floodline registered customer numbers.

Gauging our rivers during high flow

During flood events over the last few weeks, we have captured high flows across a number of catchments including the Tay, Tweed, Clyde and Spey. For example, one of the gaugings, undertaken at Ballathie on the Tay near Perth, has now been confirmed as the highest flow ever gauged in the UK. There were record flows along the North and South Esk rivers in north east Scotland, and subsequently the Met Office National Climate Information Centre calculated that 19 October 2023 was provisionally the wettest day for the county of Angus since 1891.

The work is undertaken in potentially hazardous conditions. New high flow co-ordination guidance, health and safety training, infrastructure and equipment have enabled us to undertake this essential work while minimising risks

This report represents a strategic summary of the Agency’s delivery activity across the period.