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

Prevention of water status deterioration, air and soil pollution N.I.

10.—(1) Documentary evidence shall be provided to the council, both prior to the commencement of operations involving the management of extractive waste and during such operations, demonstrating, where applicable, compliance with [F1 any law that implements] Directive 2000/60/EC through, inter alia—

(a) the evaluation of the leachate generation potential, including contaminant content of the leachate, of the deposited waste during the operational phase of the facility and determining the water balance of that facility;

(b) prevention or minimisation of leachate generation and surface water or groundwater and soil from being contaminated by the waste;

(c) collection and treatment of contaminated water and leachate from the waste facility to the appropriate standard required for their discharge; and

(d) the taking of adequate measures, based on best available techniques, to prevent or reduce dust and gas emissions.

(2) Where extractive waste is to be disposed of, whether in solid, slurry or liquid form, into any receiving body of water other than one constructed for the purpose of disposing of extractive waste, documentary evidence shall be submitted to the council to demonstrate compliance with [F2 any law implementing Directives 2006/118/EC and 2000/60/EC].

(3) Where extractive waste is to be placed back into extractive voids, whether created through surface or underground extraction, which will be allowed to flood after-closure, documentary evidence shall be submitted to the council to demonstrate—

(a) that when the extractive waste is so placed, the necessary measures shall be taken to prevent or minimise water status deterioration and soil pollution in accordance with paragraphs (1)(a), (b) and (c), insofar as applicable; and

(b) [F3 compliance with environmental obligations in retained EU law, in particular any law which implements Directive 2000/60/EC];

(4) Where a pond involving the presence of cyanide is to be managed, documentary evidence to demonstrate—

(a) that the concentration of weak acid dissociable cyanide in the pond is or will be reduced to the lowest possible level using best available techniques; and

(b) that the concentration of weak acid dissociable cyanide at the point of discharge of the tailings from the processing plant into the pond does not exceed 10 parts per million,

shall be submitted to the council.

(5) Upon request in writing to the council it shall be demonstrated, through a risk assessment that takes site-specific conditions into account, that the concentration limits need to be lowered below 10 parts per million.

Textual Amendments

F1 Words in reg. 10(1) inserted (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(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 10(2) 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(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 10(3)(b) 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(7)(c); 2020 c. 1, Sch. 5 para. 1(1)