Changes over time for: Article 8

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects by UK legislation for Commission Decision of 20 April 2009 on the definition of the criteria for the classification of waste facilities in accordance with Annex III of Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries (notified under document number C(2009) 2856) (2009/337/EC), Article 8.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Article 8U.K.

1.[F1The appropriate agency] shall assess whether the criterion set out in the third [F2part of the categorisation legislation] is met in accordance with the considerations set out in paragraphs 2, 3, and 4.

2.For planned tailing ponds, the following methodology shall be used:

(a)an inventory shall be carried out of the substances and preparations which are used in the processing and which are subsequently discharged with the tailings slurry to the tailings pond;

(b)for each substance and preparation, the yearly quantities used in the process shall be estimated out for each year of the planned duration of operation;

(c)for each substance and preparation, it shall be determined whether it is a dangerous substance or preparation within the meaning of [F3 Regulation (EC) No 1272/2008 of the European Parliament and of the Council];

(d)for each year of planned operation, the yearly increase in stored water (ΔQi) within the tailings pond shall be calculated under steady state conditions according to the formula set out in Annex I;

(e)for each dangerous substance or preparation identified in accordance with point (c), the maximum yearly concentration (C max) in the aqueous phase shall be estimated according to the formula set out in Annex II.

If, on the basis of the estimation of the maximum yearly concentrations (C max), the aqueous phase is considered to be ‘dangerous’ within the meaning of [F4Regulation (EC) No 1272/2008 of the European Parliament and of the Council], the facility shall be classified as a Category A facility.

3.For operating tailings ponds, the classification of the facility shall be based on the methodology set out in paragraph 2, or on direct chemical analysis of the water and solids contained in the facility. If the aqueous phase and its contents have to be considered as dangerous preparation within the meaning of [F5Regulation (EC) No 1272/2008 of the European Parliament and of the Council], the facility shall be classified as a Category A facility.

4.For heap leaching facilities, where metals are extracted from ore heaps by percolating leach solutions, [F6the appropriate agency] shall undertake a screening for dangerous substances at closure based on an inventory of used leach chemicals and the residual concentrations of these leach chemicals in the drainage after washing has been finalised. If these leachates have to be considered as dangerous preparation within the meaning of [F7Regulation (EC) No 1272/2008 of the European Parliament and of the Council], the facility shall be classified as a Category A facility.

[F85.In paragraph 1, “third part of the categorisation legislation”—

(a)as it extends to England and Wales, means the third indent of Annex 3 to Directive 2006/21/EC;

(b)as it extends to Scotland, means paragraph (c) of the definition of “Category A waste facility” in regulation 2(1) of the 2010 Scotland Regulations;

(c)as it extends to Northern Ireland, means paragraph 3 of Schedule 3 to the 2015 NI Regulations.]

Textual Amendments

F1Words in Art. 8(1) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(7)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in Art. 8(1) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 8(2)(c) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(7)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 8(2) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(7)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 8(3) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(7)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in Art. 8(4) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(7)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in Art. 8(4) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(7)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F8Art. 8(5) inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(7)(e); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F1Words in Art. 8(1) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(7)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)