12.  For paragraph 19 of Schedule 1 (interpretation of Part IV) substitute—

“Interpretation

19.  In this Schedule—

“BS 1924-2:1990” means the British Standard entitled “Stabilized materials for civil engineering purposes – Part 2: Methods of test for cement-stabilized and lime-stabilized materials”, which came into effect in October 1990;

“BS 1377-9:1990” means the standard described in the British Standard entitled “Methods of test for Soils for Civil Engineering Purposes. Part 9: in-situ tests”, which came into effect on 31st August 1990;

“DD CEN/TS 14405:2004” means the standard described in the draft document entitled “Characterisation of waste - Leaching behaviour test - Up-flow percolation test”, which was published by the British Standards Institute on 13th July 2004;

“EA NEN 7375:2004” means the Environment Agency document based on a translation of the Netherlands Normalisation Institute Standard NEN 73745:2004 entitled “Leaching characteristics of soil and stony building and waste materials. Leaching tests. Determination of leaching of inorganic components from building and monolithic waste materials with the diffusion test”, published by the Environment Agency on its website on 14th April 2005;

“EA NEN 7371:2004” means the Environment Agency document based on a translation of the Netherlands Normalisation Institute Standard NEN 73741:2004 entitled “Leaching characteristics of solid (earth and stony) building and waste material. Leaching tests. Determination of the availability of inorganic components for leaching”, published by the Environment Agency on its website on 14th April 2005;

“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 l/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 l/kg for materials with particle size below 4 mm (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 l/kg and 8 l/kg for materials with a high solid content and with a particle size below 4 mm (without or with size reduction)”, published under the numbers BS EN 12457-3:2002 which came into effect on 15th October 2002;

“EN 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, SO₄^2-, V and Zn”, published under the numbers BS EN 12506:2003 which came into effect on 11th June 2003;

“EN 12879” means the standard described in the British Standard entitled “Characterisation of sludges. Determination of the loss on ignition of dry mass”, published under the numbers BS EN 12879:2000 which came into effect on 15th October 2000;

“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 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;

“EN 13656” means the standard described in the British Standard entitled “Characterisation of waste. Microwave assisted digestion with hydrofluoric (HF), nitric (HNO₃), and hydrochloric (HCl) 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;

“EN 14039” means the standard described in the British Standard entitled “Characterisation of waste - Determination of hydrocarbon content in the range of C10 - C40 by gas chromatography”, published under the numbers BS EN 14039:2004 which came into effect on 29th October 2004;

“PrCEN/TS 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 in February 2004;

“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 in July 2004; and

“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 in March 2004.”

13.  For paragraph 20 of Schedule 1 (sampling and testing) substitute—

“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 of waste or operators where–

(a) there is sufficient supervision by independent and qualified persons to ensure that the requirements of this Schedule are met; 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–

(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;

(c) EN 12879 for the determination of loss on ignition of dry mass.

(6) The following standards shall be used for strength and stability tests—

(a) for cohesive granular waste, BS 1377-9:1990 (section 4.4: determination of in situ vane shear strength of weak intact cohesive soils);

(b) for non-cohesive granular waste, BS 1377-9:1990 (section 4.3: determination of in situ California Bearing Ratio);

(c) for monolithic waste, BS 1924-2:1990.

(7) The following standards shall be used for leaching tests—

(a) for granular waste–

(i) DD CEN/TS 14405:2004 for leaching behaviour using the up-flow percolation test;

(ii) PrCEN/TS 14429 for leaching behaviour using the test for the influence of pH on leaching with initial acid/base addition;

(iii) EN 12457/1 to 3 for leaching of granular waste materials and sludges;

(b) for monolithic waste—

(i) EA NEN 7371:2004 for leaching behaviour of crushed monolith using the test for the determination of availability of inorganic components;

(ii) PrCEN/TS 14429 for leaching behaviour of crushed monolith using the test for the influence of pH on leaching with initial acid/base addition;

(iii) either–

(aa) EN 12457/1 to 3 for the leaching behaviour of crushed monolith using the batch leaching test for granular waste materials and sludges; or

(bb) EA NEN 7375:2004 for leaching behaviour of monolithic waste using the diffusion tank test.

(8) The following standards shall be used for the digestion of raw waste–

(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.

(9) The following standards shall be used for analyses–

(a) EN 12506 and EN 13370 for analysis of eluates;

(b) EN 14039 for determination of certain hydrocarbon contents.

(10) For tests and analysis for which CEN standards are not available, the methods used must be approved by the Chief Inspector.”.

Amendment of Schedule 2 (General requirements for landfills)

14.  In paragraph 3(7) of Schedule 2, in the table under “landfill category” delete the last two categories and substitute “Drainage layer > 0.5 metres” and “Top soil cover > 1 metre” respectively.

Amendment of Schedule 4 (Transitional Provisions)

15.—(1) In paragraph 1 of Schedule 4, after sub-paragraph (11) insert—

“(11A) From 30th October 2007 any relevant authorisation shall be read as containing the additional condition that waste of the types listed in regulation 9(1)(a) to (f) and waste which does not comply with the requirement for prior treatment in regulation 10(1) shall not be accepted.”

(2) in paragraph 3, in sub-paragraph (3)(b) delete “and (2)”.

Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003

16.  The Waste Management Licensing Regulations (Northern Ireland) 2003(3) shall be amended as follows.

(1) In regulation 9(1) (Particulars to be entered in public registers) for sub-paragraph (n) substitute—

“(n) all particulars of any conditioning plan submitted to the Department under paragraph 1(3) of Schedule 4 to the 2003 Landfill Regulations or notice given under paragraph 1(5) of Schedule 4 to the 2003 Landfill Regulations;”.

(2) In paragraph 2 of Schedule 1 (certificates of technical competence), for the definition of “closed landfill site” substitute—

““closed landfill site” means a landfill site–

and in relation to a landfill site where sub-paragraph (a) or (b) applies to only part of the site, means that part of the site only.””