- Statutory Rule 2004 No. 297
The Landfill (Amendment) Regulations (Northern Ireland) 2004
© Crown Copyright 2004
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| Made | 8th July 2004 | ||
| Coming into operation - | |||
| For the purposes of Regulations 7, 8 and 9. | 16th July 2004 | ||
| For all other purposes | 16th July 2005 |
| 1. | Citation and commencement |
| 2. | Interpretation |
| 3. | Amendment of the Landfill Regulations |
| 4. | Amendment of Part I (General) |
| 5. | Amendment of Part II (Landfill Permits) |
| 6. | Amendment of Schedule 1 (Waste Acceptance Criteria) |
| 7. | Amendment of Schedule 3 (Minimum Monitoring Procedures for Landfills) |
| 8. | Amendment of Schedule 4 (Transitional Provisions) |
| 9. | Amendment of Schedule 5 (Amendments to Other Subordinate Legislation) |
| SCHEDULE | Amendment to Schedule 1 to the Landfill Regulations |
The Department of the Environment, in exercise of the powers conferred upon it by Article 4 of the Environment (Northern Ireland) Order 2002[1], and of all other powers enabling it in that behalf and having, in accordance with Article 4(4) of that Order, consulted district councils and such bodies or persons appearing to it to be representative of the interests of district councils as it considers appropriate, such bodies and persons appearing to it to be representative of the interests of industry, agriculture and business it considers appropriate and such other bodies or persons as it considers appropriate, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Landfill (Amendment) Regulations (Northern Ireland) 2004 and shall come into operation for the purposes of Regulations 7, 8 and 9 on 16th July 2004 and for all other purposes on 16th July 2005.
Interpretation
2. - (1) The Interpretation Act (Northern Ireland) 1954[2] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
(2) In these Regulations "the Landfill Regulations" means the Landfill Regulations (Northern Ireland) 2003[3].
Amendment of the Landfill Regulations
3. The Landfill Regulations are amended in accordance with the following Regulations.
Amendment of Part I (General)
4. - (1) The following definitions are inserted at the appropriate places in regulation 2(2) -
-
"
"European Waste Catalogue" means the list of wastes set out in the Annex to Commission Decision 2000/532/EC, as for the time being amended[4]; and
-
"SIC Code" means a code included in "the United Kingdom Standard Industrial Classification of Economic Activities 2003", published by the Office for National Statistics in 2002 and implemented on 1st January 2003[5]; and
-
"Stable, non-reactive hazardous waste" means hazardous waste, the leaching behaviour of which will not change adversely in the long-term under landfill design conditions or foreseeable accidents -
-
(a) in the waste alone (for example, by biodegradation);
(b) under the impact of long-term ambient conditions (for example, water, air, temperature, mechanical constraints); or
(c) by the impact of other wastes (including waste products such as leachate and gas);"".
(2) For the definition of "relevant waste acceptance criteria" in regulation 2(2) substitute -
-
"
"relevant waste acceptance criteria" means in relation to a landfill, the waste acceptance criteria under Parts I and III of Schedule 1 which apply to the class of landfill to which that landfill belongs;"
Amendment of Part II (Landfill Permits)
5.
- (1) In regulation 9(1)(e) delete "as from the relevant date".
(2) In Regulation 10 -
-
(a) for paragraph (2) substitute "The operator of a landfill shall ensure that only waste which meets the relevant waste acceptance criteria shall be accepted at the landfill"; and
(b) delete paragraphs (3) to (5).
(3) In Regulation 12 -
-
(a) for paragraphs (1) and (2) substitute -
-
"
(1) The operator of a landfill shall ensure that waste only be accepted at the landfill if -
-
(a) it has been subject to the relevant waste acceptance procedures set out in Part II of Schedule 1; and
(b) any sampling or testing required under Parts II or III of Schedule 1 is carried out in accordance with Part 4 of that Schedule.
(2) Subject to paragraph (2A) the operator shall visually inspect waste at the entrance to the landfill and at the point of deposit and shall satisfy himself that it conforms to the description provided in the documentation submitted by the holder.
(2A) Where the operator is also the producer of the waste, the visual inspection required by paragraph (2) may be made at the point of dispatch.
(2B) The operator shall at appropriate periodic intervals -
-
(a) test the waste to establish whether it corresponds to the description in the accompanying documents, by checking its appearance, odour and any other relevant, readily determined properties; and
(b) take representative samples for analysis which shall thereafter be retained, together with the results of the analysis for a period of at least one month."; and
(b) in paragraph (3)(f) after "its" insert "identity and".
(4) In regulation 14(4) for "it" substitute "he".
(5) In regulation 15(4)(a) for "it" substitute "him".
(6) In regulation 15(6) for "it" when it secondly appears substitute "he".
Amendment of Schedule 1 (Waste Acceptance Criteria)
6.
The Schedule (which substitutes a schedule for Schedule 1 of the Landfill Regulations) shall have effect.
Amendment of Schedule 3 (Minimum Monitoring Procedures for Landfills)
7.
In paragraph 4(4) of Schedule 3 for "As" substitute "anionic surfactants".
Amendment of Schedule 4 (Transitional Provisions)
8.
- (1) The following amendments are made to Schedule 4.
(2) At the end of paragraph 1(6)(a) insert "or".
(3) In paragraph 3(4) for "sub-paragraph (3)(a)(i)" substitute "sub-paragraph (1)(14)".
Amendment of Schedule 5 (Amendments to Other Subordinate Legislation)
9.
- (1) The following amendments are made to Schedule 5.
(2) In paragraph 1(2) for sub-paragraph (b) substitute -
-
"
For paragraph (5) substitute -
-
(a) For the purposes of paragraph 3 "relevant offence" means an offence prescribed for the purpose of Article 3(3)(a) of the Waste and Contaminated Land (Northern Ireland) Order 1997; and
(b) the qualifications and experience required of a person for the purposes of Article 3(3)(b) of the Waste and Contaminated Land (Northern Ireland) Order 1997 which are prescribed under Article 3(5) of that Order shall be treated as the qualifications and experience required of a person for the purposes of paragraph (3)(d)".
(3) In paragraph 1(13) for "(1A)" substitute "(1C)".
(4) In paragraph 1(14)(d)(w) delete "site".
(5) In paragraph 1(14)(d)(x) for "requiring a landfill to close (in whole or part) issued" substitute "of a decision".
(6) In paragraph 2(3)(b)(n) delete "site".
(7) In paragraph 2(4)(b) for "it" substitute "he".
Sealed with the Official Seal of the Department of the Environment on
8th July 2004.
L.S.
Felix Dillon
A Senior Officer of the Department of the Environment
1. For Schedule 1 of the Landfill Regulations substitute -
General Principles for the acceptance of waste at all kinds of landfill
1. - (1) The following criteria shall apply to the acceptance of waste at any landfill.
(2) Waste may only be accepted at a landfill where its acceptance would not -
-
(a) result in unacceptable emissions to groundwater, surface water or the surrounding environment;
(b) jeopardise environment protection systems (such as liners, leachate and gas collection and treatment systems) at the landfill;
(c) put at risk waste stabilisation processes (such as degradation or wash out) within the landfill; or
(d) endanger human health.
Additional general principles for the acceptance of waste at landfills for hazardous waste
2.
Waste may only be accepted at a landfill for hazardous waste if -
-
(a) it is listed on the Hazardous Waste List of the European Waste Catalogue or has similar characteristics to those so listed; and
(b) its total content or leachability -
-
(i) does not present a short term occupational risk or an environmental risk; and
(ii) would not prevent the stabilisation of the landfill within its projected lifetime taking account of its after care period following closure.
Additional general principles for the acceptance of waste at landfills for non-hazardous waste
3.
Waste may only be accepted at a landfill for non-hazardous waste if -
-
(a) it is listed on the Hazardous Waste List of the European Waste Catalogue or has similar characteristics to those so listed and -
-
(i) it is stable non-reactive hazardous waste;
(ii) its leaching behaviour is equivalent to that of non-hazardous waste which meets the relevant waste acceptance criteria; and
(iii) it is not deposited in cells used or intended to be used for the disposal of biodegradeable non-hazardous waste; or
(b) it is any other waste listed on the European Waste Catalogue or has similar characteristics to those so listed.
Interpretation of Part II
4. In this Part "waste regularly generated in the same process" shall mean individual and consistent wastes regularly generated in the same process, where -
-
(a) the installation and the process generating the waste are well known and the input materials to the process and the process itself are well defined;
(b) the operator of the installation provides all necessary information and informs the operator of the landfill of changes to the process (especially changes to the input material);
(c) where the waste comes from different installations, it can be identified as single stream with common characteristics within known boundaries (e.g. bottom ash from the incineration of municipal waste); and
(d) there is no significant change in the generation processes,
but shall not include wastes which do not require testing in accordance with paragraph 5(4)(a) or (c).
Basic characterisation
5.
- (1) Each type of waste to be accepted at a landfill shall be characterised to ensure all information necessary for safe disposal of the waste in the long term is available including at least the following information -
-
(a) the source and origin of the waste;
(b) the process producing the waste ( including a description of the process, its SIC Code and the characteristics of its raw materials and products);
(c) the waste treatment applied in compliance with regulation 10, or a statement of reasons why such treatment is not considered necessary;
(d) the composition of the waste, including where relevant, an assessment of it against the relevant limit values in Part III, and, where necessary and available, its other characteristic properties;
(e) the appearance of the waste (including its smell, colour, consistency and physical form);
(f) the Code applicable to the waste under the European Waste Catalogue;
(g) in the case of hazardous waste, the relevant properties which render it hazardous according to Annex III of the Hazardous Waste Directive[6];
(h) evidence demonstrating that the waste is not prohibited under regulation 9;
(i) the landfill class at which the waste may be accepted ;
(j) the likely behaviour (including, where relevant, leaching behaviour) of the waste in a landfill and any additional precautions that need to be taken at the landfill as a consequence; and
(k) whether the waste can be recycled or recovered.
(2) For waste regularly generated in the same process, the following additional information shall be provided -
-
(a) the compositional range for the individual wastes;
(b) the range and variability of characteristic properties;
(c) if appropriate, the leachability of the wastes determined by a batch leaching test, a percolation test or a pH dependence test;
(d) identification of the key variables to be tested for compliance testing, the frequency of compliance testing and options for simplification of compliance testing;
(e) in the case of waste which is produced in the same process in different installations, the scope of the evaluation which must include a sufficient number of measurements to show the range and variability of the characteristic properties of the waste.
(3) In order to characterise the waste, it must be the subject of prior tests in accordance with Part 4 of this Schedule to establish its composition and its leaching behaviour .
(4) Testing is not required in the case of any of the following types of waste -
-
(a) waste which may be accepted without testing under paragraphs 10 or 13 of Part III of this Schedule;
(b) waste in respect of which the Chief Inspector is satisfied that all the necessary information for the characterisation under sub-paragraph (1) can be provided without testing; or
(c) waste in respect of which the Chief Inspector is satisfied by way of a documented justification supplied to him that -
-
(i) the waste is of a type where testing is impractical or appropriate testing procedures and acceptance criteria are not available; or
(ii) the waste is of a type which is acceptable at the landfill class in question.
(5) Records of the information obtained for the purposes of characterisation under this paragraph shall be retained by the operator for at least two years after the date of characterisation.
Compliance testing
6.
- (1) Waste regularly generated in the same process shall not require each batch to be tested as part of its basic characterisation but may instead be subject to compliance testing in accordance with this paragraph.
(2) Compliance testing shall consist of one or more of the tests applied in accordance with paragraph 5(3) above and shall include -
-
(a) testing of the key variables established under paragraph 5 so as to demonstrate that the waste meets the limit values for those variables;
(b) a batch leaching test using the same method as was used for the test undertaken under paragraph 5(3); and
(c) tests which demonstrate that the waste complies with the results of the characterisation carried out under paragraph 5 and the relevant acceptance criteria described in Parts I and III of this Schedule.
(3) Compliance testing shall be carried out at the times established in the characterisation but shall be no less frequent than once a year.
(4) Records of the compliance testing shall be retained by the operator for a period of not less than two years .
Wastes accepted without testing
7.
Any type of waste which may be accepted without testing under paragraph 5(4) shall be subject to checking for compliance with its basic characterisation established under paragraph 5.
Interpretation of Part III
8. In this Part -
-
(a) granular waste includes all wastes that are not monolithic; and
(b) a mono-fill landfill means a landfill which is authorised to accept only a single waste type.
Criteria for landfills for inert waste
9.
Waste may only be accepted at a landfill for inert waste if it meets either the requirements of paragraph 10 (Wastes acceptable without testing at landfills for inert waste) or paragraph 11 (Limit values for waste acceptable at landfills for inert waste).
Wastes acceptable without testing at landfills for inert waste
10.
- (1) Subject to sub-paragraph (2), waste of the types set out in Table 1 may be accepted without testing at landfills for inert waste provided the waste is -
-
(a) from a single stream waste of a single waste type (unless different waste types from the list in Table 1 are accepted together); and
(b) is from a single source.
(2) Waste referred to in sub-paragraph (1) must be tested where there is suspicion of contamination or doubt that the waste meets the definition of inert waste in regulation 2(2) or the criteria in paragraph 11.
(3) If such testing reveals contamination or the presence of other materials or substances such as metals, asbestos, plastics or chemicals, the waste must not be accepted at a landfill for inert waste if the extent of the contamination is such as to increase the risk associated with the waste sufficiently to justify its disposal in other classes of landfill.
TABLE 1
EWC Code
Description
Restrictions
10 11 03
Waste glass based fibrous materials
Only without organic binders
15 01 07
Glass packaging
17 01 01
Concrete
Selected C&D waste onlya
17 01 02
Bricks
Selected C&D waste onlya
17 01 03
Tiles and ceramics
Selected C&D waste onlya
17 01 07
Mixtures of concrete, bricks, tiles and ceramics
Selected C&D waste onlya
17 02 02
Glass
17 05 04
Soil and stones
Excluding topsoil, peat; excluding soil and stones from contaminated sites
19 12 05
Glass
20 01 02
Glass
Separately collected glass only
20 02 02
Soil and stones
Only from garden and parks waste; Excluding top soil, peat
a Selected construction and demolition waste (C & D waste): with low contents of other types of materials (like metals, plastic, organics, wood, rubber, etc). The origin of the waste must be known. No C & D waste from constructions, polluted with inorganic or organic dangerous substances, e.g. because of production processes in the construction, soil pollution, storage and usage of pesticides or other dangerous substances, etc., unless it is made clear that the demolished construction was not significantly polluted. No C & D waste from constructions, treated, covered or painted with materials, containing dangerous substances in significant amounts.
Limit values for waste acceptable at landfills for inert waste
11.
The following limit values shall apply to waste acceptable at landfills for inert waste other than waste which may be accepted without testing under paragraph 10 -
(a) the limit values for leaching set out in Table 2; and
TABLE 2
(b) the limit values for total content of organic parameters set out in Table 3.
Component
Symbol
L/S = 10 l/kg mg/kg dry substance
Arsenic
As
0.5
Barium
Ba
20
Cadmium
Cd
0.04
Total Chromium
Cr total
0.5
Copper
Cu
2
Mercury
Hg
0.01
Molybdenum
Mo
0.5
Nickel
Ni
0.4
Lead
Pb
0.5
Antimony
Sb
0.06
Selenium
Se
0.1
Zinc
Zn
4
Chloride
Cl-
800
Fluoride
F-
10
Sulphatea
SO42-
1,000
Phenol index
PI
1
Dissolved Organic Carbonb
DOC
500
Total Dissolved Solidsc
TDS
4,000
a This limit value for sulphate may be increased to 6,000mg/kg, provided that the value of C0 (the first eluate of a percolation test at L/S = 0.1 l/kg) does not exceed 1,500 mg/l. It will be necessary to use a percolation test to determine the limit value at L/S = 0.1 l/kg under initial equilibrium conditions.
b If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH value, it may alternatively be tested at L/S = 10 l/kg and a pH between 7.5 and 8.0. The waste may be considered as complying with the acceptance criteria for DOC, if the result of this determination does not exceed 500 mg/kg.
c The value for Total Dissolved Solids can be used alternatively to the values for Sulphate and Chloride.
-
TABLE 3
| Parameter | Value mg/kg |
| Total Organic Carbon (TOC)a | 30,000 |
| BTEX compounds (benzene, toluene, ethyl benzene & xylenes) | 6 |
| Polychlorinated biphenyls (PCBs) (7 congeners) | 1 |
| Mineral oil (C10 to C40) | 500 |
a In the case of soils, a higher limit value may be permitted by the Chief Inspector, provided a Dissolved Organic Carbon value of 500 mg/kg is achieved at L/S = 10 1/kg at the pH of the soil or at a pH value of between 7.5 and 8.0.
Criteria for landfills for non-hazardous waste
12. Waste may only be accepted at a landfill for non-hazardous waste if it meets either the requirements of paragraph 13 (Waste acceptable without testing at landfills for non-hazardous waste) or such of the following paragraphs as apply to the waste in question -
-
(a) paragraph 14 (Criteria for granular stable non-reactive hazardous waste and non-hazardous waste deposited in the same cell with such waste);
(b) paragraph 15 (Criteria relating to gypsum based waste);
(c) paragraph 16 (Criteria for asbestos waste).
Wastes acceptable without testing at landfills for non-hazardous waste
13.
- (1) Subject to sub-paragraph (2) waste of the following types may be accepted without testing at landfills for non-hazardous waste -
-
(a) municipal waste that is classified as non-hazardous in Chapter 20 of the European Waste Catalogue; and
(b) separately collected fractions of household wastes and the same non-hazardous materials from other origins.
(2) Waste referred to in sub-paragraph (1) must meet the following criteria -
-
(a) it must have been subject to prior treatment in accordance with regulation 10;
(b) it must not be contaminated to such an extent as to justify its disposal in other facilities; and
(c) it must not be accepted in cells where stable non-reactive hazardous waste is accepted in accordance with paragraph 3(a) of Part I of this Schedule.
(3) Waste comprising construction materials containing asbestos and other suitable materials may also be accepted at landfills for non-hazardous waste without testing where it meets the criteria in paragraph 3(a) and is landfilled in accordance with paragraph 16.
Criteria for granular stable non-reactive hazardous waste and non-hazardous waste deposited in the same cell with such waste
14.
- (1) The following criteria shall apply to granular stable non-reactive hazardous waste and to granular non-hazardous waste which is landfilled in the same cell with such waste -
-
(a) the limit values set out in Table 4; and
(b) the additional criteria set out in Table 5.
(2) Monolithic stable non-reactive hazardous waste and monolithic non-hazardous waste landfilled in the same cell with such waste shall only be accepted if it meets criteria which provide the same level of environmental protection as the values in Tables 4 and 5.
TABLE 4
Component
Symbol
L/S = 10 l/kga mg/kg dry substance
Arsenic
As
2
Barium
Ba
100
Cadmium
Cd
1
Total Chromium
Cr total
10
Copper
Cu
50
Mercury
Hg
0.02
Molybdenum
Mo
10
Nickel
Ni
10
Lead
Pb
10
Antimony
Sb
0.7
Selenium
Se
0.5
Zinc
Zn
50
Chloride
Cl-
15,000
Fluoride
F-
150
Sulphate
SO42-
20,000
Dissolved Organic Carbonb
DOC
800
Total Dissolved Solidsc
TDS
60,000
a The Chief Inspector may include conditions in a permit authorising limit values for specific parameters (other than dissolved organic carbon) up to three times higher for waste accepted in a mono-fill landfill taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.
b If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH, it may alternatively be tested at L/S = 10 l/kg and a pH of between 7.5 - 8.0. The waste may be considered as complying with the acceptance criteria for DOC, if the result of this determination does not exceed 800 mg/kg.
c The values for TDS (Total Dissolved Solids) can be used alternatively to the values for Sulphate and Chloride.
TABLE 5
Parameter
Value
Total Organic Carbon (TOC)a
5%
pH
minimum 6
Acid Neutralisation Capacity (ANC)
Must be evaluated between the pH of the waste in question, pH6 and the pH of the site leachate
a If this value is not achieved, a higher limit value may be permitted by the Chief Inspector, provided that the Dissolved Organic Carbon (DOC) value of 800 mg/kg is achieved at L/S = 10 1/kg, either at the material's own pH or at a pH value between 7.5 and 8.0.
Criteria relating to gypsum based waste
15.
- (1) Gypsum based and other high sulphate bearing materials may only be disposed of in landfills for non-hazardous waste in cells where non-biodegradable waste is accepted.
(2) The limit values for total organic carbon and dissolved organic carbon given in Tables 4 and 5 above shall apply to wastes landfilled with gypsum based materials.
Criteria for asbestos waste
16.
The following criteria apply to asbestos waste and to construction materials containing asbestos -
(a) the waste must contain no hazardous substances other than bound asbestos, including fibres bound by a binding agent or packed in plastic;
(b) construction material containing asbestos or other suitable asbestos waste can only be accepted in a landfill dedicated to these wastes or in a separate cell of a non-dedicated landfill, provided it is sufficiently self-contained;
(c) the zone of deposit must be covered daily and before each compacting operation with appropriate material and, if the waste is not packed, it is regularly sprinkled;
(d) a final top cover is put on the landfill or cell in order to avoid the dispersion of fibres;
(e) no works are carried out on the landfill or cell that could lead to a release of fibres (e.g. the drilling of holes); and
(f) appropriate measures are taken to limit the possible uses of the land after closure of the landfill in order to avoid human contact with the waste.
Criteria for waste acceptable at landfills for hazardous waste
17.
- (1) The following criteria shall apply to granular waste to be accepted at a landfill for hazardous waste -
-
(a) the leaching limit values set out in Table 6; and
(b) the additional criteria set out in Table 7.
(2) Monolithic waste shall only be accepted at a landfill for hazardous waste if it meets criteria which provide the same level of environmental protection as the values in Table 6 and Table 7.
TABLE 6
Components
Symbol
L/S = 10 l/kga mg/kg dry substance
Arsenic
As
25
Barium
Ba
300
Cadmium
Cd
1
Total Chromium
Cr total
70
Copper
Cu
100
Mercury
Hg
0.4
Molybdenum
Mo
30
Nickel
Ni
40
Lead
Pb
50
Antimony
Sb
5
Selenium
Se
7
Zinc
Zn
200
Chloride
Cl-
25,000
Fluoride
F-
500
Sulphate
SO42-
50,000
Dissolved Organic Carbonb
DOC
1,000
Total Dissolved Solidsc
TDS
100,000
a The Chief Inspector may include conditions in a permit authorising limit values for specific parameters (other than dissolved organic carbon) up to three times higher for waste accepted in a mono-fill landfill taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.
b If the waste does not meet this value for dissolved organic carbon (DOC) at its own pH, it may alternatively be tested at L/S = 10 l/kg and a pH of between 7.5 - 8.0. The waste may be considered as complying with the acceptance criteria for DOC, if the result of this determination does not exceed 1,000 mg/kg.
c The values for TDS (Total Dissolved Solids) can be used alternatively to the values for Sulphate and Chloride.
TABLE 7
Parameter
Values
Loss On Ignition (LOI)a
10 %
Total Organic Carbon (TOC)b
6 %
Acid Neutralisation Capacity (ANC)
Must be evaluated between the pH of the waste in question, at pH6 and the pH of the site leachate.
a Either Loss on Ignition (LOI) or Total Organic Carbon (TOC) must be used.
b If this value for TOC is not achieved, a higher limit value may be admitted by the Chief Inspector, provided that the DOC value of 1,000 mg/kg is achieved at L/S = 10 1/kg at its own pH or a pH value of between 7.5 - 8.0.
Criteria for underground storage
18.
- (1) Waste may only be accepted at an underground storage site in accordance with a site specific safety assessment which complies with the provisions of Appendix A of Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of, and Annex II, to Directive 1999/31/EC on the landfill of waste[7].
(2) At underground storage sites for inert waste, only waste which fulfils the criteria at paragraph 11 may be accepted.
(3) At underground storage sites for non-hazardous waste, only waste which fulfils the criteria at paragraph 12 may be accepted.
(4) At underground storage sites for hazardous waste, the criteria at paragraph 17 do not apply.
Interpretation of Part IV
19. In this Part -
-
"EN 12457/1" means the standard described in the British Standard entitled "Characterisation of waste. Leaching. Compliance test for leaching of granular waste materials and sludges. One stage batch test at a liquid to solid ratio of 2 1/kg for materials with high solid content and with particle size below 4 mm (without or with size reduction)", published under the numbers BS EN 12457-1:2002 which came into effect on 15th October 2002;
-
"EN 12457/2" means the standard described in the British Standard entitled "Characterisation of waste. Leaching. Compliance test for leaching of granular waste materials and sludges. One stage batch test at a liquid to solid ratio of 10 1/kg for materials with particle size below 4mm (without or with size reduction)", published under the numbers BS EN 12457-2:2002 which came into effect on 15th October 2002;
-
"EN 12457/3" means the standard described in the British Standard entitled "Characterisation of waste. Leaching. Compliance test for leaching of granular waste materials and sludges. Two stage batch test at a liquid to solid ratio of 2 1/kg and 8 1/kg for materials with a high solid content and with a particle size below 4mm (without or with size reduction)", published under the numbers BS EN 12457-3:2002 which came into effect on 15th October 2002;
-
"EN 13137" means the standard described in the British Standard entitled "Characterisation of waste. Determination of total organic carbon (TOC) in waste, sludges and sediments", published under the numbers BS EN 13137:2001 which came into effect on 28th September 2001;
-
"EN 13656" means the standard described in the British Standard entitled "Characterisation of waste. Microwave assisted digestion with hydrofluoric (HF), nitric (HNO3), and hydrochloric (HCI) acid mixture for subsequent determination of elements", published under the numbers BS EN 13656:2002 which came into effect on 22nd October 2002;
-
"EN 13657" means the standard described in the British Standard entitled "Characterisation of waste. Digestion for subsequent determination of aqua regia soluble portion of elements", published under the numbers BS EN 13657:2002 which came into effect on 22nd October 2002;
-
"ENV 12506" means the standard described in the British Standard entitled "Characterisation of waste. Analysis of eluates. Determination of pH, As, Ba, Cd, Cl-, Co, Cr, Cr VI, Cu, Mo, Ni, NO2-, Pb, total S, SO42-, V and Zn", published under the numbers BS EN 12506:2003 which came into effect on 11th June 2003;
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"ENV 13370" means the standard described in the British Standard entitled "Characterisation of waste. Analysis of eluates. Determination of Ammonium, AOX, conductivity, Hg, phenol index, TOC, easily liberatable CN-, F-", published under the numbers BS EN 13370:2003 which came into effect on 11th June 2003;
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"ENV 14039" means the standard described in the draft document entitled "Characterisation of waste - Determination of hydrocarbon content in the range of C10 - C40 by gas chromatography", published under the numbers PrEN 14039 which came into effect on 1st December 2000;
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"PrEN 14346" means the standard described in the draft document entitled "Characterisation of waste - Calculation of dry matter by determination of dry residue or water content", which came into effect on the 1st February 2002;
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"PrEN 14405" means the standard described in the draft document entitled "Characterisation of waste - Leaching behaviour test - Up-flow percolation test", which came into effect on 1st May 2002;
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"PrEN 14429" means the standard described in the draft document entitled "Characterisation of waste - Leaching behaviour test - Influence of pH on leaching with initial acid/base addition", which came into effect on 1st June 2002; and
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"PrEN 14899" means the standard described in the draft document entitled "Characterisation of waste - Sampling of waste materials: Framework for the preparation and application of a sampling plan", which came into effect on 1st May 2004.
Sampling and testing
20.
- (1) All sampling and testing required by this Schedule shall be carried out in accordance with this paragraph.
(2) Subject to sub-paragraph (3), sampling and testing shall be carried out by independent and qualified persons and institutions and only laboratories which have proven experience in waste testing and analysis and an efficient quality assurance system shall be used.
(3) Sampling and testing may be carried out by producers or operators where -
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(a) there is sufficient supervision by independent and qualified persons to ensure that the objectives of this Schedule are achieved; and
(b) it is carried out in accordance with an appropriate quality assurance system which includes periodic independent checking.
(4) All sampling shall be carried out using a sampling plan developed in accordance with PrEN 14899.
(5) The following standards shall be used for the sampling and testing of general waste properties -
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(a) EN 13137 for the determination of TOC in waste, sludge and sediments;
(b) PrEN 14346 for the calculation of dry matter by determination of dry residue or water content.
(6) The following standards shall be used for leaching tests -
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(a) PrEN 14405 for leaching behaviour and up-flow percolation tests;
(b) PrEN 14429 for leaching behaviour and influence of pH on leaching with initial acid/base addition;
(c) EN 12457/1-3 for compliance tests for leaching of granular waste materials and sludges.
(7) The following standards shall be used for the digestion of raw waste -
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(a) EN 13657 for the digestion for subsequent determination of aqua regia portion of elements;
(b) EN 13656 for the microwave-assisted digestion of specified acid mixtures for subsequent determination of elements.
(8) The following standards shall be used for analyses -
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(a) ENV 12506 and ENV 13370 for analysis of eluates;
(b) ENV 14039 for determination of certain hydrocarbon contents.
(9) For tests and analysis for which CEN standards are not available, the methods used must be approved by the Chief Inspector."
(This note is not part of the Regulations.)
These Regulations amend the regulatory regime governing landfills in Northern Ireland for the purpose of implementing Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16, of and Annex II, to Directive 1999/31/EC on the landfill of waste ("the Landfill Directive").
The Decision supplements the requirements of the Directive by specifying detailed criteria and procedures for acceptance of waste for each class of landfill. These Regulations replace the existing waste acceptance criteria and waste acceptance procedures in the Landfill Regulations (Northern Ireland) 2003 ("the Landfill Regulations") with those contained in the Decision with effect from 16th July 2005.
Regulations 5, 6 and the Schedule put in place the new waste acceptance criteria and procedures by amending relevant regulations of the Landfill Regulations and substituting a new Schedule 1.
Regulations 7, 8 and 9, which come into operation on the 16th July 2004, make some minor amendments to Schedule 3 (Minimum monitoring procedures for landfills), Schedule 4 (Transitional Provisions) and to Schedule 5 (Amendments to other Subordinate Legislation).
The volume entitled "Indexes to the United Kingdom Standard Industrial Classification of Economic Activities 2003", referred to in the definition of "SIC Code", is available from the Stationery Office Limited at 16 Arthur Street, Belfast, BT1 4GD or by telephone on 028 90 238 451.
Copies of the publication referred to in Part IV of the Schedule to these Regulations may be obtained from any of the outlets operated by the British Standards Institution, or by post from the Stationery Office at the above address.
Notes:
[1] S.I. 2002/3153 (N.I. 7)back
[4] The Decision in force at the date of making these Regulations is Commission Decision 2000/532/EC (O.J. No. L226, 6.9.2000, p. 3) as amended by Commission Decisions 2001/118/EC (O.J. No. L047, 16.2.2001, p. 1), 2001/119/EC (O.J. No. L047, 16.2.2001, p. 32) and 2001/573/EC (O.J. L203, 28.7.2001, p. 18)back
[6] Council Directive 91/689/EC (O.J. No. L377, 31.12.1991, p. 20) as amended by Council Directive 94/31/EC (O.J. No. L168, 2.7.94 p. 28)back
[7] O.J. No. L11/27, 16.1.2003, p. 41back
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