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Statutory Rules of Northern Ireland

2007 No. 258

environmental protection

The Landfill (Amendment No.2) Regulations (Northern Ireland) 2007

Made

24th April 2007

Coming into operation

4th June 2007

The Department of the Environment makes the following Regulations in exercise of the power conferred by Article 4 of the Environment (Northern Ireland) Order 2002(1).

In accordance with Article 4(4) of that Order, the Department has 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 as it considers appropriate; and such other bodies or persons as it considers appropriate.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Landfill (Amendment No.2) Regulations (Northern Ireland) 2007 and shall come into operation on 4th June 2007.

(2) In these Regulations “the Landfill Regulations” means the Landfill Regulations (Northern Ireland) 2003(2).

Amendment of the Landfill Regulations

2.  The Landfill Regulations are amended in accordance with the following regulations.

3.  In regulation 2 (interpretation), at the appropriate place insert—

“L/S = 10 1/kg” means a liquid to solid ratio of 10 litres to one kilogram;.

4.  In regulation 4 (cases where regulations do not apply), for paragraph (c)(i) substitute—

(i) non-hazardous dredging sludges alongside small waterways from where they have been dredged out;.

5.  In regulation 10 (waste which may be accepted in the different classes of landfill), delete paragraph (2).

Amendment of Schedule 1 (Criteria and Procedures for the acceptance of waste at landfills)

6.  In paragraph 5 of Schedule 1(basic characterisation) at the end of sub-paragraph (4)(c)(i) for “or” substitute “and”.

7.  In paragraph 8 of Schedule 1 (interpretation of Part III), at the end insert—

(c) “PAHs (Polycyclic Aromatic Hydrocarbons)” shall mean Naphthalene, Acenaphthylene, Acenaphthene, Anthracene, Benzo(a)anthracene, Benzo(b)fluoranthene, Benzo(k)fluoranthene, Benzo(g,h,i)perylene, Benzo(a)pyrene, Chrysene, Coronene, Dibenzo(a,h)anthracene, Fluorene, Fluoranthene, Indeno(1,2,3-c,d)pyrene, Phenanthrene and Pyrene..

8.  In paragraph 11 of Schedule 1 (limit values for waste acceptable at landfills for inert waste), at the foot of the columns in Table 3 headed “Parameter” and “Value” insert “PAHs (Polycyclic aromatic hydrocarbons) (total of 17)” and “100” respectively.

9.  In paragraph 12 of Schedule 1 (criteria for landfills for non-hazardous waste), in sub-paragraph (a) delete “granular”.

10.  For paragraph 14 of Schedule 1 (criteria for granular stable non-reactive hazardous waste and non-hazardous waste deposited in the same cell with such waste) substitute—

Criteria for stable non-reactive hazardous waste and non-hazardous waste deposited in the same cell with such waste

14.  Stable, non-reactive hazardous waste and non-hazardous waste which is to be landfilled in the same cell with such waste shall only be accepted if—

(a) in the case of granular waste–

(i) it meets the limit values for leaching set out in Table 4;

(ii) it meets the additional criteria set out in Table 5; and

(iii) it will have either–

(aa) if it is cohesive waste, a mean in situ shear strength of at least 50kPa; or

(bb) if it is non-cohesive waste, an in situ bearing ratio of at least 5%;

(b) in the case of monolithic waste–

(i) it meets either–

(aa) the limit values for leaching set out in Table 4; or

(bb) the limit values for leaching set out in Table 5A;

(ii) it meets the additional criteria set out in Table 5B;

(iii) it has a mean unconfined compressive strength of at least 1MPa after 28 days curing;

(iv) it has either–

(aa) dimensions of greater than 40cm along each side; or

(bb) a depth and fracture spacing when hardened of greater than 40cm; and

(v) where the waste was subjected to treatment to render it monolithic, prior to such treatment it met the following limit values—

(aa) Loss on Ignition of 10%; or

(bb) Total Organic Carbon of 6%.

Table 4

Component Symbol L/S = 10 l/kg(a)
(a)

These values must be determined using EN 12457/1 to 3 (applied, in the case of monolithic waste, to a sample which has been crushed).

(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 and 8.0. The waste shall be considered as complying with the acceptance criterion for DOC if the result of this determination does not exceed 800 mg/kg.

(c)

The value for Total Dissolved Solids can be used alternatively to the values for Sulphate and Chloride.

mg/kg dry substance
Arsenic As 2
Barium Ba 100
Cadmium Cd 1
Total Chromium Cr total 10
Copper Cu 50
Mercury Hg 0.2
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 Carbon DOC 800(b)
Total Dissolved Solids TDS 60,000(c)

Table 5

(a)

If this value is not achieved, a higher limit value may be permitted by the Chief Inspector, provided that the Dissolved Organic Carbon value of 800 mg/kg is achieved at L/S=10l/kg, either at the material’s own pH or at a pH value between 7.5 and 8.0.

Parameter Value
Total Organic Carbon (TOC) 5%(a)
pH Minimum 6
Acid Neutralisation Capacity (ANC) Must be evaluated

Table 5A

Component Symbol mg/m2(a)
(a)

These values must be determined using EA NEN 7375:2004. Where it is appropriate for compliance testing, the Chief Inspector may specify use of a shortened version of the 64-day tank test provided for in EA NEN 7375:2004 comprising only the first four steps, and in such cases, the limit values shall be a quarter of the values in the table.

Arsenic As 1.3
Barium Ba 45
Cadmium Cd 0.2
Total Chromium Cr total 5
Copper Cu 45
Mercury Hg 0.1
Molybdenum Mo 7
Nickel Ni 6
Lead Pb 6
Antimony Sb 0.3
Selenium Se 0.4
Zinc Zn 30
Chloride Cl- 10,000
Fluoride F- 60
Sulphate SO42- 10,000
Dissolved Organic Carbon DOC Must be evaluated

Table 5B

Parameter Value
pH of the eluate from the monolith or crushed monolith Must be evaluated
Electrical conductivity (μS.cm-1m-2) of the eluate from the monolith or crushed monolith Must be evaluated
Acid Neutralisation Capacity (ANC) of the crushed monolith Must be evaluated.

11.  For paragraph 17 of Schedule 1 (criteria for waste acceptable at landfills for hazardous waste) substitute—

Criteria for waste acceptable at landfills for hazardous waste

17.  Waste shall only be accepted at a landfill for hazardous waste if—

(a) in the case of granular waste–

(i) it meets the limit values for leaching set out in Table 6;

(ii) it meets the additional criteria set out in Table 7; and

(iii) it will have either–

(aa) if it is cohesive waste, a mean in situ shear strength of at least 50kPa; or

(bb) if it is non-cohesive waste, an in situ bearing ratio of at least 5%;

(b) in the case of monolithic waste–

(i) it meets either–

(aa) the limit values for leaching set out in Table 6; or

(bb) the limit values for leaching set out in Table 8;

(ii) it meets the additional criteria set out in Table 5B;

(iii) it has a mean unconfined compressive strength of at least 1MPa after 28 days curing;

(iv) it has either–

(aa) dimensions of greater than 40cm along each side; or

(bb) a depth and fracture spacing when hardened of greater than 40cm; and

(v) where the waste was subjected to treatment to render it monolithic, prior to such treatment it met the following limit values—

(aa) Loss on Ignition of 10%; or

(bb) Total Organic Carbon of 6%.

Table 6

Components Symbol L/S = 10 l/kg(a) (b)
(a)

These values must be determined using EN 12457/1 to 3 (applied, in the case of monolithic waste, to a sample which has been crushed).

(b)

The Chief Inspector may include conditions in a permit authorising limit values for specific parameters (other than Dissolved Organic Carbon (DOC)) up to three times higher for specified wastes accepted in a 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.

(c)

If the waste does not meet this value for DOC at its own pH, it may alternatively be tested at L/S = 10 l/kg and a pH of between 7.5 and 8.0. The waste shall be considered as complying with the acceptance criterion for DOC, if the result of this determination does not exceed 1,000 mg/kg.

(d)

The value for Total Dissolved Solids can be used alternatively to the values for Sulphate and Chloride.

mg/kg dry substance
Arsenic As 25
Barium Ba 300
Cadmium Cd 5
Total Chromium Cr total 70
Copper Cu 100
Mercury Hg 2
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 Carbon(c) DOC 1,000
Total Dissolved Solids(d) TDS 100,000

Table 7

(a)

Either Loss on Ignition or Total Organic Carbon must be used

(b)

If this value for Total Organic Carbon is not achieved, a higher limit value may be permitted by the Chief Inspector, provided that the DOC value of 1,000 mg/kg is achieved at L/S = 10 l/kg at its own pH or a pH value of between 7.5 and 8.0.

Parameter Values
Loss On Ignition (LOI) (a) 10 %
Total Organic Carbon (TOC) (b) 6 %
Acid Neutralisation Capacity (ANC) Must be evaluated

Table 8

Components Symbol mg/m2(a) (b)
(a)

These values must be determined using EA NEN 7375:2004. Where it is appropriate for compliance testing, the Chief Inspector may specify use of a shortened version of the 64-day tank test provided for in EA NEN 7375:2004 comprising only the first four steps, and in such cases, the limit values shall be a quarter of the values in the table.

(b)

The Chief Inspector may include conditions in a permit authorising limit values for specific parameters (other than DOC) up to three times higher for specified wastes accepted in a 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.

Arsenic As 20
Barium Ba 150
Cadmium Cd 1
Total Chromium Cr total 25
Copper Cu 60
Mercury Hg 0.4
Molybdenum Mo 20
Nickel Ni 15
Lead Pb 20
Antimony Sb 2.5
Selenium Se 5
Zinc Zn 100
Chloride Cl- 20,000
Fluoride F- 200
Sulphate SO42- 20,000
Dissolved Organic Carbon DOC Must be evaluated.
(1)

S.I.2002/3153 (N.I.7) Back [1]

(2)

S.R. 2003 No.496 as amended by S.R.2004 No. 297, S.R.2005 No.300, S.R.2006 No.280 and S.R.2007 No.179 Back [2]