The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015

Regulation 6(2)

SCHEDULE 1 N.I. WASTE MANGEMENT PLAN: OBJECTIVES

The objectives of the waste management plan are—

1. To prevent or reduce waste production and its harmfulness, in particular by the consideration of—

(a) waste management in the design phase and in the choice of the method used for mineral extraction and treatment;

(b) the changes that the extractive waste may undergo in relation to an increase in surface area and exposure to conditions above ground;

(c) placing extractive waste back into the excavation void after extraction of the mineral, as far as is technically and economically feasible and environmentally sound in accordance with existing environmental standards at community level and with the requirements of these Regulations where relevant;

(d) where the site is a waste facility, putting topsoil back in place after closure or, if this is not practically feasible, reusing topsoil elsewhere; and

(e) using less dangerous substances for the treatment of minerals.

2. To encourage the recovery of extractive waste by means of recycling, reusing or reclaiming such waste, where this is environmentally sound in accordance with existing environmental standards at community level and with the requirements of these Regulations where relevant.

3. To ensure short and long-term safe disposal of the extractive waste, in particular where the site is a waste facility by considering, during the design phase, management during the operation and after-closure of the facility and by choosing a design which—

(a) requires minimal and, if possible, ultimately no monitoring, control and management of the closed waste facility;

(b) prevents or at least minimises any long-term negative effects, for example attributable to migration of airborne or aquatic pollutants from the waste facility; and

(c) ensures the long-term geotechnical stability of any dams or heaps rising above the pre-existing ground surface.

Regulation 6(2)(e)

SCHEDULE 2 N.I. WASTE CHARACTERISATION

The waste to be deposited in an extractive waste site or facility shall be characterised in such a way as to guarantee long-term physical and chemical stability of the structure of the facility and to prevent major accidents. The waste characterisation shall include, where appropriate and in accordance with the classification of the site or facility, the following aspects—

1. A description of the expected physical and chemical characteristics of the waste to be deposited in the short and long-term, with particular reference to its stability under surface atmospheric/meteorological conditions, taking account of the type of mineral to be extracted and the nature of any overburden and/or gangue minerals that will be displaced in the course of the extractive operations.

2. Characterisation of the waste according to the relevant entry in Decision 2000/532/EC M1 with particular regard to its hazardous characteristics.

3. A description of the chemical substances to be used during treatment of the extracted material and their stability.

4. A description of the method of deposition.

5. The waste transport system to be employed.

Marginal Citations

M1 O.J. No. L226, 6.9.2000, p.3-24

Regulation 6(3)(c)

SCHEDULE 3 N.I. CRITERIA FOR CLASSIFICATION OF CATEGORY A WASTE FACILITIES

A waste facility shall be classified as Category A if—

1. A failure or incorrect operation e.g. the collapse of a heap or the bursting of a dam, could give rise to a major accident, on the basis of a risk assessment taking into account factors such as the present or future size, the location and the environmental impact of the waste facility; or

2. It contains waste classified as hazardous under Directive 2008/98/EC M2 above a certain threshold; or

[F1 3. It contains substances or preparations classified as dangerous which fall within the scope of Regulation (EC) 1272/2008.]

Textual Amendments

F1 Sch. 3 para. 3 substituted (31.12.2020) by The Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018 (S.I. 2018/1235), regs. 1(2), 6(12); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M2 O.J. No. L312, 22.11.2008, p.3-30

Regulation 19(6)

SCHEDULE 4 N.I. INFORMATION TO BE COMMUNICATED TO THE PUBLIC CONCERNED IN THE EVENT OF AN ACCIDENT

The information to be communicated to the public concerned in the event of an accident includes the following—

1. Name of operator and address of the waste facility.

2. Identification, by position held, of the person providing the information.

3. Confirmation that the waste facility is subject to planning controls and to these Regulations and, where applicable, that the information relevant to the elements referred to in regulation 7(2)(iv) has been approved by the council.

4. An explanation in clear and simple terms of the activity or activities undertaken at the site.

5. The common names or the generic names or the general danger classification of the substances and preparations involved at the waste facility as well as waste which could give rise to a major accident, with an indication of their principal dangerous characteristics.

6. General information relating to the nature of the major accident hazards, including their potential effects on the surrounding population and environment.

7. Adequate information on how the surrounding population concerned are to be warned and kept informed in the event of a major accident.

8. Adequate information on the actions the surrounding population concerned should take, and on the behaviour they should adopt, in the event of a major accident.

9. Confirmation that the operator is required to make adequate arrangements on–site, in particular liaison with the emergency services, to deal with major accidents and to minimise their effects.

10. A reference to the external emergency plan drawn up to cope with any off-site effects from an accident, including advice to co–operate with any instructions or requests from the emergency services at the time of an accident.

11. Details of where further relevant information can be obtained.