The Landfill (England and Wales) Regulations 2002 (revoked)

Statutory Instruments

2002 No. 1559

ENVIRONMENTAL PROTECTION, ENGLAND AND WALES

The Landfill (England and Wales) Regulations 2002

Made

13th June 2002

Coming into force

for the purpose of regulation 19(1)

31st August 2002

for all other purposes

15th June 2002

The Secretary of State, in exercise of the powers conferred on her by section 2 of the Pollution Prevention and Control Act 1999M1 (the “1999 Act”), having in accordance with section 2(4) of the 1999 Act consulted the Environment Agency, such bodies or persons appearing to her to be representative of the interests of local government, industry, agriculture and small businesses respectively as she considers appropriate, and such other bodies and persons as she considers appropriate, hereby makes the following Regulations, a draft of which has, in accordance with section 2(8) of the 1999 Act, been laid before, and approved by a resolution of, each House of Parliament:

Modifications etc. (not altering text)

C1 Regulations applied (7.6.2006) by The Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006 (S.I. 2006/1282), art. 29

Marginal Citations

M1 1999 c.24; the Secretary of State can exercise these powers only in relation to England and Wales—see section 53 of the Scotland Act 1998 (c.46) and section 5(3) of the Pollution Prevention and Control Act 1999.

PART I E+W Preliminary

Citation, commencement and extent E+W

1.—(1) These Regulations may be cited as the Landfill (England and Wales) Regulations 2002.

(2) These Regulations shall come into force on 15th June 2002 except for regulation 19(1) which shall come into force on 31st August 2002.

(3) These Regulations extend to England and Wales only.

Interpretation E+W

2.  In these Regulations, unless the context otherwise requires—

• [F1 “the 1990 Act” means the Environmental Protection Act 1990;]

• “the 2000 Regulations” means the Pollution Prevention and Control (England and Wales) Regulations 2000 M2 ;

• [F2 “agricultural waste” means waste from premises used for agriculture within the meaning of the Agriculture Act 1947;]

• “biodegradable waste” means any waste that is capable of undergoing anaerobic or aerobic decomposition, such as food or garden waste and paper and cardboard;

• “hazardous waste” has the meaning given by regulation 7(2);

• “holder” means the producer of waste or the person who is in possession of it;

• “inert waste” has the meaning given by regulation 7(4);

• “landfill” means a landfill to which these Regulations apply (see regulations 3 and 4);

• “landfill gas” means any gas generated from landfilled waste;

• “landfill permit” has the meaning given by regulation 6(2);

• “leachate” means any liquid percolating through deposited waste and emitted from or contained within a landfill;

• [F3 “L/S = 10 l/kg” means a liquid to solid ratio of 10 litres to one kilogram;]

• [F2 “mines or quarries waste” means waste from a mine or quarry;]

• “municipal waste” means waste from households as well as other waste which because of its nature or composition is similar to waste from households;

• “non-hazardous waste” has the meaning given by regulation 7(3);

• “operator” has the meaning given by regulation 2(1) and (2) of the 2000 Regulations;

• [F1 “pet cemetery” means a landfill for the disposal of material consisting entirely of the remains of dead domestic pets;]

• “relevant authorisation” means, in relation to a landfill, the landfill permit or waste management licence for the time being in force in relation to the landfill;

• [F4 “relevant waste acceptance criteria” means, in relation to a landfill, the waste acceptance criteria under Parts 1 and 3 of Schedule 1 which apply to the class of landfill to which that landfill belongs;]

• [F5 “SIC Code” means a code included in “The United Kingdom Standard Industrial Classification of Economic Activities 2003”, published by the Office for National Statistics on 31st December 2002 and implemented on 1st January 2003;]

• [F5 “stable, non-reactive hazardous waste” means hazardous waste, the leaching behaviour of which will not change adversely in the long-term, under landfill design conditions or foreseeable accidents—

  (a)

  in the waste alone (for example, by biodegradation);

  (b)

  under the impact of long-term ambient conditions (for example, water, air, temperature, mechanical constraints); or

  (c)

  by the impact of other wastes (including waste products such as leachate and gas);]

• “treatment” means physical, thermal, chemical or biological processes (including sorting) that change the characteristics of waste in order to reduce its volume or hazardous nature, facilitate its handling or enhance recovery;

• [F6 “waste” means controlled waste within the meaning of section 75(4) of the 1990 Act;]

• [F7 “waste management licence” means a waste management licence within the meaning of Part II of the 1990 Act]; and

other expressions used in these Regulations which are also used in Directive 99/31/EC on the landfill of waste M3 shall have the same meaning as in that Directive.

Textual Amendments

F1 Words in reg. 2 inserted (1.10.2007) by The Pet Cemeteries (England and Wales) Regulations 2007 (S.I. 2007/2596), regs. 1(b), 4(2)(a) (with reg. 5)

F2 Words in reg. 2 inserted (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(2)

F3 Words in reg. 2 inserted (16.7.2005) by The Landfill (England and Wales) (Amendment) Regulations 2005 (S.I. 2005/1640), regs. 1(1), 3

F4 Words in reg. 2 substituted (16.7.2005) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), regs. 1(1), 4(1)(b)

F5 Words in reg. 2 inserted (16.7.2005) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), regs. 1(1), 4(1)(a)

F6 Words in reg. 2 substituted (1.10.2007) by The Pet Cemeteries (England and Wales) Regulations 2007 (S.I. 2007/2596), regs. 1(b), 4(2)(b) (with reg. 5)

F7 Words in reg. 2 substituted (1.10.2007) by The Pet Cemeteries (England and Wales) Regulations 2007 (S.I. 2007/2596), regs. 1(b), 4(2)(c) (with reg. 5)

Marginal Citations

M2 S.I. 2000/1973, to which there are amendments not relevant to these Regulations.

M3 OJ No. L182, 16.7.1999, p.1; the Directive was designated by S.I. 2001/3585 as a relevant directive for the purposes of paragraph 20(2)(c) of Schedule 1 to the 1999 Act.

Application of regulations E+W

3.—(1) Subject to regulation 4, these Regulations apply to landfills.

(2) Subject to paragraphs (3) and (4), for the purposes of this regulation, a landfill is a waste disposal site for the deposit of the waste onto or into land.

(3) Landfills include—

(a) subject to paragraph (4), any site which is used for more than a year for the temporary storage of waste; and

(b) any internal waste disposal site, that is to say a site where a producer of waste is carrying out its own waste disposal at the place of production.

(4) Landfills do not include—

(a) any facility where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere;

(b) any site where waste is stored as a general rule for a period of less than three years prior to recovery or treatment; or

(c) any site where waste is stored for a period of less than one year prior to disposal.

Cases where regulations do not apply E+W

4.  These Regulations do not apply to—

(a) the spreading of sludges (including sewage sludges and sludges resulting from dredging operations) and similar matter on the soil for the purposes of fertilisation or improvement;

(b) the use of suitable inert waste for redevelopment, restoration and filling-in work or for construction purposes [F8 in a landfill];

(c) the deposit of—

[F9 (i) non-hazardous dredging sludges alongside small waterways from where they have been dredged out;]

(ii) non-hazardous sludges in surface waters, including the bed and its sub-soil; F10 ...

(d) any landfill which finally ceased to accept waste for disposal before 16th July 2001[F11 ; or

(e) any landfill for the disposal of agricultural waste or mines or quarries waste which ceased to accept waste for disposal before 15th May 2006].

Textual Amendments

F8 Words in reg. 4(b) inserted (15.6.2004) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), regs. 1(1), 4(2)

F9 Reg. 4(c)(i) substituted (16.7.2005) by The Landfill (England and Wales) (Amendment) Regulations 2005 (S.I. 2005/1640), regs. 1(1), 4

F10 Word in reg. 4(c) omitted (15.5.2006) by virtue of The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(3)(a)

F11 Reg. 4(e) and preceding word added (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(3)(b)

Location E+W

5.  A planning permission under the Town and Country Planning Act 1990 M4 may be granted for a landfill only if the requirements of paragraph 1(1) of Schedule 2 to these Regulations have been taken into consideration.

Marginal Citations

M4 1990 c.8.

Extension of categories of landfill subject to the 2000 Regulations etc. E+W

6.—(1) At the end of Part A(1) of Section 5.2 in Part 1 of Schedule 1 to the 2000 Regulations (disposal of waste by landfill) insert—

“(b) The disposal of waste in any other landfill to which the 2002 Regulations apply.”

[F12 (2) In these Regulations “landfill permit” means—

(a) in relation to a pet cemetery receiving 10 tonnes of waste or less in any day or with a total capacity of 25,000 tonnes or less, a waste management licence; and

(b) in relation to any other landfill, the permit which is required by the 2000 Regulations for the carrying out of the disposal of waste in a landfill.]

(3) Regulations 11 and 12(1) to (11) and (14) of the 2000 Regulations shall not apply to landfills.

(4) Paragraph 5(b) in Part 1 of Schedule 4, and paragraph 4(8)(b) in Part 2 of Schedule 7 to the 2000 Regulations (requirement to advertise in the London Gazette), shall not apply to landfills falling within paragraph (b) of Part A(1) of Section 5.2 in Part 1 of Schedule 1 to those Regulations.

Textual Amendments

F12 Reg. 6(2) substituted (1.10.2007) by The Pet Cemeteries (England and Wales) Regulations 2007 (S.I. 2007/2596), regs. 1(b), 4(3) (with reg. 5)

PART II E+W Landfill Permits

Classification of landfills E+W

7.—(1) Before granting a landfill permit, the Environment Agency shall classify the landfill—

(a) as a landfill for hazardous waste;

(b) as a landfill for non-hazardous waste; or

(c) as a landfill for inert waste,

and shall ensure that the classification is stated in the landfill permit.

(2) [F13 Hazardous waste means any waste as defined in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005][F14 Hazardous waste means any waste as defined in regulation 6 of the Hazardous Waste (Wales) Regulations 2005].

(3) Non-hazardous waste is waste which is not hazardous waste.

(4) Waste is inert waste if—

(a) it does not undergo any significant physical, chemical or biological transformations;

(b) it does not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm to human health; and

(c) its total leachability and pollutant content and the ecotoxicity of its leachate are insignificant and, in particular, do not endanger the quality of any surface water or groundwater.

Textual Amendments

F13 Words in reg. 7(2) substituted (E.) (16.7.2005) by The Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894), reg. 1(1)(b), Sch. 11 para. 33 (with reg. 75)

F14 Words in reg. 7(2) substituted (W.) (16.72005) by The Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806), reg. 1(2)(ii), Sch. 11 para. 35

Conditions to be included in landfill permits E+W

8.—(1) A landfill permit shall include conditions specifying the list of defined types, and the total quantity, of waste authorised to be deposited in the landfill.

(2) A landfill permit shall also include appropriate conditions—

(a) specifying requirements for—

(i) preparations for, and the carrying out of, landfilling operations;

(ii) monitoring and control procedures, including contingency plans;

[F15 (b) ensuring that the financial provision required by section 74(3)(c) of the 1990 Act or by regulation 4(3)(c) of the 2000 Regulations is maintained until the landfill permit is surrendered in accordance with those Regulations or that Act;]

(c) ensuring that the landfill is operated in such a manner that the necessary measures are taken to prevent accidents and to limit their consequences; and

(d) requiring the operator to report at least annually to the Environment Agency on—

(i) the types and quantities of waste disposed of; and

(ii) the results of the monitoring programme required by regulations 14 and 15.

(3) A landfill permit shall also include—

(a) appropriate conditions for ensuring compliance with the requirements of the following provisions of these Regulations—

(i) Schedule 2 (general requirements for all landfills);

(ii) regulation 9 (prohibition of acceptance of certain wastes at landfills);

(iii) regulation 10 (waste which may be accepted in the different classes of landfill);

(iv) regulation 11 (costs of disposal of waste in landfills);

(v) regulation 12 (waste acceptance procedures);

(vi) regulation 13 (initial site inspections by Environment Agency);

(vii) regulation 14 (control and monitoring of operational landfill sites);

(viii) regulation 15 (closure and after-care procedures for landfills); and

(b) such other conditions as appear appropriate to the Environment Agency, including in particular conditions giving effect to—

(i) any requirement imposed by Community or national legislation; and

(ii) in the case of landfills falling within paragraph (a) of Part A(1) of Section 5.2 in Part 1 of Schedule 1 to the 2000 Regulations, the principle that energy should be used efficiently.

(4) The provisions of these Regulations mentioned in paragraph (3)(a) above shall impose obligations directly on an operator of a landfill (rather than through the conditions of a landfill permit) only to the extent specified in [F16 paragraphs 3(3) to (5) and 6(2)] of Schedule 4.

Textual Amendments

F15 Reg. 8(2)(b) substituted (1.10.2007) by The Pet Cemeteries (England and Wales) Regulations 2007 (S.I. 2007/2596), regs. 1(b), 4(4) (with reg. 5)

F16 Words in reg. 8(4) substituted (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(4)

Prohibition of acceptance of certain wastes at landfills E+W

9.—(1) The operator of a landfill shall not accept any of the following types of waste at the landfill—

(a) any waste in liquid form (including waste waters but excluding sludge);

(b) waste which, in the conditions of landfill, is explosive, corrosive, oxidising, flammable or highly flammable;

(c) hospital and other clinical wastes which arise from medical or veterinary establishments and which are infectious;

(d) chemical substances arising from research and development or teaching activities, such as laboratory residues, which are not identified or which are new, and whose effects on man or on the environment are not known;

(e) as from 16th July 2003, whole used tyres other than—

(i) tyres used as engineering material;

(ii) bicycle tyres; and

(iii) tyres with an outside diameter above 1400mm;

(f) as from 16th July 2006, shredded used tyres other than—

(i) bicycle tyres; and

(ii) tyres with an outside diameter above 1400mm; and

(g) any waste which does not fulfil the relevant waste acceptance criteria.

(2) The operator of a landfill shall ensure that the landfill is not used for landfilling waste which has been diluted or mixed solely to meet the relevant waste acceptance criteria.

(3) For the purposes of this regulation, waste is—

• “corrosive” if it consists of substances and preparations which may destroy living tissue on contact;

• “explosive” if it consists of substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene;

• “flammable” if it consists of liquid substances and preparations having a flash point equal to or greater than 21°C and less than or equal to 55°C;

• “highly flammable” if it consists of—

  (a)

  liquid substances and preparations having a flash point below 21°C (including extremely flammable liquids);

  (b)

  substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy;

  (c)

  solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition;

  (d)

  gaseous substances and preparations which are flammable in air at normal pressure;

  (e)

  substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities;

• “infectious” if it consists of substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms; or

• “oxidising” if it consists of substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances.

Waste which may be accepted in the different classes of landfill E+W

10.—(1) The operator of a landfill shall ensure that the landfill is only used for landfilling waste which is subject to prior treatment unless—

(a) it is inert waste for which treatment is not technically feasible; or

(b) it is waste other than inert waste and treatment would not reduce its quantity or the hazards which it poses to human health or the environment.

F17 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Reg. 10(2)-(5) omitted (16.7.2005) by virtue of The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), regs. 1(1), 5(1) (as amended by S.I. 2005/1640, regs. 1(1), 8)

Costs of disposal of waste in landfills E+W

11.  The operator of a landfill shall ensure that the charges it makes for the disposal of waste in its landfill covers all of the following—

(a) the costs of setting up and operating the landfill;

[F18 (b) the costs of the financial provision required by section 74(3)(c) of the 1990 Act or by regulation 4(3)(c) of the 2000 Regulations;] and

(c) the estimated costs for the closure and after-care of the landfill site for a period of at least 30 years from its closure.

Textual Amendments

F18 Reg. 11(b) substituted (1.10.2007) by The Pet Cemeteries (England and Wales) Regulations 2007 (S.I. 2007/2596), regs. 1(b), 4(5) (with reg. 5)

Waste acceptance procedures E+W

12.— [F19 (1) The operator of a landfill shall ensure that waste shall only be accepted at the landfill if—

(a) it has been subject to the relevant waste acceptance procedure set out in Part 2 of Schedule 1; and

(b) any sampling or testing required under Parts 2 or 3 of Schedule 1 is carried out in accordance with Part 4 of that Schedule.

(2) Subject to paragraph (2A) the operator shall visually inspect waste at the entrance to the landfill and at the point of deposit and shall satisfy himself that it conforms to the description provided in the documentation submitted by the holder.

(2A) Where the operator is also the producer of the waste, the visual inspection required by paragraph (2) may be made at the point of dispatch.

(2B) The operator shall at appropriate periodic intervals—

(a) test the waste to establish whether it corresponds to the description in the accompanying documents, by checking its appearance, odour and any other relevant, readily determined properties; and

(b) take representative samples for analysis which shall thereafter be retained, together with the results of the analysis for a period of at least one month.]

(3) The operator shall keep a register showing—

(a) the quantities of waste deposited;

(b) its characteristics;

(c) its origin;

(d) the dates of its delivery;

(e) the identity of the producer or, in the case of municipal waste, the collector; and

(f) in the case of hazardous waste, its [F20 identity and] precise location on the site.

(4) The information required to be kept under paragraph (3) shall be made available to the Environment Agency on request.

(5) The operator on accepting each delivery of waste shall provide a written receipt to the person delivering it.

(6) Where waste is not accepted at a landfill, the operator shall inform the Environment Agency of that fact as soon as reasonably possible.

Textual Amendments

F19 Reg. 12(1)-(2B) substituted for reg. 12(1)(2) (16.7.2005) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), regs. 1(1), 5(2)(a)

F20 Words in reg. 12(3)(f) inserted (16.7.2005) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), regs. 1(1), 5(2)(b)

Initial site inspections by Environment Agency E+W

13.  The operator of a landfill shall not commence disposal operations before the Environment Agency has inspected the site in order to ensure that it complies with the relevant conditions of the landfill permit.

Control and monitoring of operational landfill sites E+W

14.—(1) The following requirements shall apply to landfill sites from the start of the operational phase until definitive closure.

(2) The operator shall carry out the control and monitoring procedures set out in Schedule 3.

(3) Where the procedures required by paragraph (2) reveal any significant adverse environmental effects, the operator shall notify the Environment Agency as soon as reasonably possible.

(4) When it receives a notification of significant adverse environmental effects in accordance with paragraph (3), the Environment Agency shall determine the nature and timing of corrective measures that are necessary and shall require the operator to carry them out.

(5) The operator shall report at intervals specified by the Environment Agency, on the basis of aggregated data, the results of monitoring and on such other matters which the Environment Agency requires to demonstrate compliance with the conditions of the landfill permit or to increase its knowledge of the behaviour of waste in landfill.

(6) The operator shall ensure that quality control of—

(a) analytical operations of control and monitoring procedures; and

(b) analyses of representative samples taken in accordance with regulation 12(2),

is carried out by competent laboratories.

Closure and after-care procedures for landfills E+W

15.—(1) The following closure and after-care procedures shall apply to all landfill sites.

(2) The procedures may relate to the closure of the whole of the landfill or part of it.

(3) The closure procedure shall begin—

(a) when the conditions specified in the landfill permit are satisfied;

(b) when the Environment Agency approves the initiation of the closure procedure following a request from the operator; or

(c) by a reasoned decision of the Environment Agency which shall be set out in a closure notice served on the operator in accordance with regulation 16.

(4) A landfill shall not be definitively closed until—

(a) such reports as may be required by the Environment Agency have been submitted to it by the operator; and

(b) the Environment Agency—

(i) has assessed all the reports submitted by the operator;

(ii) has carried out a final on-site inspection; and

(iii) has notified the operator by notice in writing served on the operator that it approves the closure.

(5) Following definitive closure of a landfill, after-care procedures shall ensure that—

(a) the operator remains responsible for the maintenance, monitoring and control for such period as the Environment Agency determines is reasonable, taking into account the time during which the landfill could present hazards;

(b) the operator notifies the Environment Agency of any significant adverse environmental effects revealed by the control procedures and takes the remedial steps required or approved by the Agency; and

(c) the operator is responsible for monitoring and analysing landfill gas and leachate from the landfill and the groundwater regime in its vicinity in accordance with Schedule 3 for as long as the Environment Agency considers that the landfill is likely to cause a hazard to the environment.

[F21 (6) Notwithstanding sections 38 and 39 of the 1990 Act (requirements on revocation or surrender of waste management licences) or regulations 19 and 21 of the 2000 Regulations (requirements on surrender or revocation of permits), the Environment Agency shall not accept any complete or partial surrender of the landfill permit, or revoke it in whole or in part, for as long as the Environment Agency considers that the landfill (or the relevant part of it) is likely to cause a hazard to the environment.]

(7) The operator shall not be relieved from liability under the conditions of the landfill permit by reason of the Environment Agency’s approval of closure under paragraph (4)(b)(iii).

Textual Amendments

F21 Reg. 15(6) substituted (1.10.2007) by The Pet Cemeteries (England and Wales) Regulations 2007 (S.I. 2007/2596), regs. 1(b), 4(6) (with reg. 5)

Closure Notices E+W

16.—(1) Where the Environment Agency has taken a reasoned decision under regulation 15(3)(c), it shall serve a closure notice under this regulation (“a closure notice”) on the operator of the landfill.

(2) A closure notice shall—

(a) state the Environment Agency’s reasons for requiring initiation of the closure procedure;

(b) specify the steps the operator is required to take to initiate the procedure; and

(c) the period within which they must be taken.

(3) The Environment Agency may withdraw a closure notice at any time.

PART III E+W Miscellaneous

Offences E+W

17.—(1) It shall be an offence for a landfill operator to contravene—

(a) regulation 9 or 12 in each case as applied by paragraph 3(3)(a) of Schedule 4;

(b) regulation 10(1) F22 ... as applied by paragraph 3(3)(b) of Schedule 4; or

(c) paragraph 3(5) [F23 , 5(3), (6), (10)(b) or 6(2)] of Schedule 4.

(2) A person who is guilty of an offence under paragraph (1) shall be liable—

(a) on summary conviction, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding six months or to both; and

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.

(3) Where an offence under this regulation committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary of other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(4) Where the affairs of a body corporate are managed by its members, paragraph (3) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(5) Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.

Textual Amendments

F22 Words in reg. 17(1)(b) omitted (16.7.2005) by virtue of The Landfill (England and Wales) (Amendment) Regulations 2005 (S.I. 2005/1640), regs. 1(1), 5

F23 Words in reg. 17(1)(c) inserted (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(5)

Transitional provisions E+W

18.  Schedule 4 (which contains transitional provisions) shall have effect.

Amendments E+W

19.—(1) In regulation 2(2)(a) (contents of transfer notes) of the Environmental Protection (Duty of Care) Regulations 1991 M5 after “identify the waste to which it relates” insert “ by reference to the appropriate codes in the European Waste Catalogue M6 ”.

(2) Schedule 5 (which makes amendments to other subordinate legislation) shall have effect.

Marginal Citations

M5 S.I. 1991/2839; relevant amendments were made by S.I. 2000/1973.

M6 Council Decision 2000/532/EC (OJ L226, 6.9.2000, p.3) as amended by Council Decisions 2001/118/EC (OJ L47, 16.2.2001, p.1), 2001/119/EC (OJ L47, 16.2.2001, p.32) and 2001/573/EC (OJ L203, 28.7.2001, p.18).

Michael Meacher

Minister of State,

Department for Environment, Food and Rural Affairs

13th June 2002

Regulations 2 and 10

[F24 SCHEDULE 1 E+W CRITERIA AND PROCEDURES FOR THE ACCEPTANCE OF WASTE AT LANDFILLS

Textual Amendments

F24 Sch. 1 substituted (16.7.2005) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), reg. 1(1), Sch. (as amended by S.I. 2005/1640, regs. 1(2), 9-16)

PART 1 E+W GENERAL PRINCIPLES FOR THE ACCEPTANCE OF WASTE AT LANDFILLS

General principles for the acceptance of waste at all kinds of landfill E+W

1.— (1) The following criteria shall apply to the acceptance of waste at any landfill.

(2) Waste may only be accepted at a landfill where its acceptance would not—

(a) result in unacceptable emissions to groundwater, surface water or the surrounding environment;

(b) jeopardise environment protection systems (such as liners, leachate and gas collection and treatment systems) at the landfill;

(c) put at risk waste stabilisation processes (such as degradation or wash out) within the landfill; or

(d) endanger human health.

Additional general principles for the acceptance of waste at landfills for hazardous waste E+W

2.   Waste may only be accepted at a landfill for hazardous waste if—

(a) [F25 it is a hazardous waste as defined in the Hazardous Waste (England and Wales) Regulations 2005][F26 it is a hazardous waste as defined in the Hazardous Waste (Wales) Regulations 2005]; and

(b) its total content or leachability—

(i) does not present a short term occupational risk or an environmental risk; and

(ii) would not prevent the stabilisation of the landfill within its projected lifetime taking account of its after care period following closure.

Textual Amendments

F25 Sch. 1 para. 2(a) substituted (E.) (16.7.2005) by The Hazardous Waste (England and Wales)Regulations 2005 (S.I. 2005/894), reg. 1(1)(b), Sch. 11 para. 34 (with reg. 75)

F26 Sch. 1 para. 2(a) substituted (W.) (16.7.2005) by The Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806), reg. 1(2)(ii), Sch. 11 para. 36

Additional general principles for the acceptance of waste at landfills for non-hazardous waste E+W

3.   Waste may only be accepted at a landfill for non-hazardous waste if—

(a) [F27 it is a hazardous waste as defined in the Hazardous Waste (England and Wales) Regulations 2005][F28 it is a hazardous waste as defined in the Hazardous Waste (Wales) Regulations 2005;] or

(b) [F29 it is a non-hazardous waste as defined in the Hazardous Waste (England and Wales) Regulations 2005][F30 it is a non-hazardous waste as defined in the Hazardous Waste (Wales) Regulations 2005].

Textual Amendments

F27 Sch. 1 para. 3(1)(a) substituted (E.) (16.7.2005) by The Hazardous Waste (England and Wales)Regulations 2005 (S.I. 2005/894), reg. 1(1)(b), Sch. 11 para. 35 (with reg. 75)

F28 Sch. 1 para. 3(1)(a) substituted (W.) (16.7.2005) by The Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806), reg. 1(2)(ii), Sch. 11 para. 37

F29 Sch. 1 para. 3(1)(b) substituted (E.) (16.7.2005) by The Hazardous Waste (England and Wales)Regulations 2005 (S.I. 2005/894), reg. 1(1)(b), Sch. 11 para. 36 (with reg. 75)

F30 Sch. 1 para. 3(1)(b) substituted (W.) (16.7.2005) by The Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806), reg. 1(2)(ii), Sch. 11 para. 38

PART 2 E+W PROCEDURE FOR THE ACCEPTANCE OF WASTE AT LANDFILLS

Interpretation of Part 2 E+W

4.   In this Part “waste regularly generated in the same process” shall mean individual and consistent wastes regularly generated in the same process, where—

(a) the installation and the process generating the waste are well known and the input materials to the process and the process itself are well defined;

(b) the operator of the installation provides all necessary information and informs the operator of the landfill of changes to the process (especially changes to the input material);

(c) the waste comes from a single installation or if from different installations, it can be identified as single stream with common characteristics within known boundaries (eg bottom ash from the incineration of municipal waste); and

(d) there is no significant change in the generation processes,

but shall not include wastes which do not require testing in accordance with paragraph 5(4)(a) or (c).

Basic characterisation E+W

5.— (1) Each type of waste to be accepted at a landfill shall be characterised to ensure all information necessary for safe disposal of the waste in the long term is available including at least the following information—

(a) the source and origin of the waste;

(b) the process producing the waste (including a description of the process, its SIC Code and the characteristics of its raw materials and products);

(c) the waste treatment applied in compliance with regulation 10, or a statement of reasons why such treatment is not considered necessary;

(d) the composition of the waste, including where relevant, an assessment of it against the relevant limit values in Part 3 and, where necessary and available, its other characteristic properties;

(e) the appearance of the waste (including its smell, colour, consistency and physical form);

(f) the Code applicable to the waste under the [F31 European Waste Catalogue][F31 List of Waste (Wales) Regulations 2005];

(g) [F32 in the case of hazardous waste, the relevant properties which render it hazardous as listed in Schedule 3 of the Hazardous Waste (England and Wales) Regulations 2005][F33 in the case of hazardous waste, the relevant properties which render it hazardous as listed in Schedule 3 of the Hazardous Waste (Wales) Regulations 2005];

(h) evidence demonstrating that the waste is not prohibited under regulation 9;

(i) the landfill class at which the waste may be accepted;

(j) the likely behaviour (including, where relevant, leaching behaviour) of the waste in a landfill and any additional precautions that need to be taken at the landfill as a consequence; and

(k) whether the waste can be recycled or recovered.

(2) For waste regularly generated in the same process, the following additional information shall be provided—

(a) the compositional range for the individual wastes;

(b) the range and variability of characteristic properties;

(c) if appropriate, the leachability of the wastes determined by a batch leaching test, a percolation test or a pH dependence test;

(d) identification of the key variables to be tested for compliance testing, the frequency of compliance testing and options for simplification of compliance testing;

(e) in the case of waste which is produced in the same process in different installations, the scope of the evaluation which must include a sufficient number of measurements to show the range and variability of the characteristic properties of the waste.

(3) In order to characterise waste, it must be subject to prior tests in accordance with Part 4 of this Schedule to establish its composition and its leaching behaviour.

(4) Testing is not required in the case of any of the following types of waste—

(a) waste which may be accepted without testing under paragraphs 10 or 13 of Part 3 of this Schedule;

(b) waste in respect of which the Environment Agency is satisfied that all the necessary information for the characterisation under sub-paragraph (1) can be provided without testing; or

(c) waste in respect of which the Environment Agency is satisfied by way of a documented justification supplied to it that—

(i) the waste is of a type where testing is impractical or appropriate testing procedures and acceptance criteria are not available; and

(ii) the waste is of a type which is acceptable at the landfill class in question.

(5) Records of the information obtained for the purposes of characterisation under this paragraph shall be retained by the operator for at least two years after the date of characterisation.

Textual Amendments

F31 Words in Sch. 1 para. 5(1)(f) substituted (W.) (16.7.2005) by The List of Wastes (Wales) Regulations 2005 (S.I. 2005/1820), reg. 1(1), Sch. 2 para. 4

F32 Sch. 1 para. 5(1)(g) substituted (E.) (16.7.2005) by The Hazardous Waste (England and Wales)Regulations 2005 (S.I. 2005/894), reg. 1(1)(b), Sch. 11 para. 37 (with reg. 75)

F33 Sch. 1 para. 5(1)(g) substituted (W.) (16.7.2005) by The Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806), reg. 1(2)(ii), Sch. 11 para. 39

Compliance testing E+W

6.— (1) Waste regularly generated in the same process shall not require each batch to be tested as part of its basic characterisation but may instead be subject to compliance testing in accordance with this paragraph.

(2) Compliance testing shall consist of one or more of the tests applied in accordance with paragraph 5(3) above and shall include—

(a) testing of the key variables established under paragraph 5 so as to demonstrate that the waste meets the limit values for those variables;

(b) a batch leaching test using the same method as was used for the test undertaken under paragraph 5(3); and

(c) tests which demonstrate that the waste complies with the results of the characterisation carried out under paragraph 5 and the relevant acceptance criteria described in Parts 1 and 3 of this Schedule.

(3) Compliance testing shall be carried out at the times established in the characterisation but shall be no less frequent than once a year.

(4) Records of the compliance testing shall be retained by the operator for a period of not less than two years.

Wastes accepted without testing E+W

7.   Any type of waste which may be accepted without testing under paragraph 5(4) shall be subject to checking for compliance with its basic characterisation established under paragraph 5.

PART 3 E+W WASTE ACCEPTANCE CRITERIA

Interpretation of Part 3 E+W

8.   In this Part—

(a) granular waste includes all wastes that are not monolithic; and

(b) a mono-fill landfill means a landfill which is authorised to accept only a single waste type;

(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.

Criteria for landfills for inert waste E+W

9.   Waste may only be accepted at a landfill for inert waste if it meets either the requirements of paragraph 10 (wastes acceptable without testing at landfills for inert waste) or paragraph 11 (limit values for waste acceptable at landfills for inert waste).

Wastes acceptable without testing at landfills for inert waste E+W

10.— (1) Subject to sub-paragraph (2), waste of the types set out in Table 1 may be accepted without testing at landfills for inert waste provided the waste is—

(a) from a single stream waste of a single waste type (unless different waste types from the list in Table 1 are accepted together); and

(b) is from a single source.

(2) Waste referred to in sub-paragraph (1) must be tested where there is suspicion of contamination or doubt that the waste meets the definition of inert waste in regulation 2 or the criteria in paragraph 11.

(3) If such testing reveals contamination or the presence of other materials or substances such as metals, asbestos, plastics or chemicals, the waste must not be accepted at a landfill for inert waste if the extent of the contamination is such as to increase the risk associated with the waste sufficiently to justify its disposal in other classes of landfill.

Table 1

1 Selected construction and demolition waste (C & D waste): with low contents of other types of materials (like metals, plastic, organics, wood, rubber, etc). The origin of the waste must be known. No C & D waste from constructions, polluted with inorganic or organic dangerous substances, eg because of production processes in the construction, soil pollution, storage and usage of pesticides or other dangerous substances, etc., unless it is made clear that the demolished construction was not significantly polluted. No C & D waste from constructions, treated, covered or painted with materials, containing dangerous substances in significant amounts.
EWC Code	Description	Restrictions
10 11 03	Waste glass based fibrous materials	Only without organic binders
15 01 07	Glass packaging
17 01 01	Concrete	Selected C&D waste only1
17 01 02	Bricks	Selected C&D waste only1
17 01 03	Tiles and ceramics	Selected C&D waste only1
17 01 07	Mixtures of concrete, bricks, tiles and ceramics	Selected C&D waste only1
17 02 02	Glass
17 05 04	Soil and stones	Excluding topsoil, peat; excluding soil and stones from contaminated sites
19 12 05	Glass
20 01 02	Glass	Separately collected glass only
20 02 02	Soil and stones	Only from garden and parks waste; Excluding top soil, peat

Limit values for waste acceptable at landfills for inert waste E+W

11.   The following limit values shall apply to waste accepted at landfills for inert waste other than waste which may be accepted without testing under paragraph 10—

(a) the limit values for leaching set out in Table 2; and

(b) the limit values for total content of organic parameters set out in Table 3.

Table 2

2 This limit value for sulphate may be increased to 6,000 mg/kg, provided that the value of C0 (the first eluate of a percolation test at L/S = 0.1 l/kg) does not exceed 1,500 mg/l. It will be necessary to use a percolation test to determine the limit value at L/S = 0.1 l/kg under initial equilibrium conditions.
3 If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH value, it may alternatively be tested at L/S = 10 l/kg and a pH between 7.5 and 8.0. The waste may be considered as complying with the acceptance criteria for DOC, if the result of this determination does not exceed 500 mg/kg.
4 The value for Total Dissolved Solids can be used alternatively to the values for Sulphate and Chloride.
Component	Symbol	L/S = 10 l/kg
		mg/kg dry substance
Arsenic	As	0.5
Barium	Ba	20
Cadmium	Cd	0.04
Total Chromium	Cr total	0.5
Copper	Cu	2
Mercury	Hg	0.01
Molybdenum	Mo	0.5
Nickel	Ni	0.4
Lead	Pb	0.5
Antimony	Sb	0.06
Selenium	Se	0.1
Zinc	Zn	4
Chloride	Cl-	800
Fluoride	F-	10
Sulphate2	SO42-	1,000
Phenol index	PI	1
Dissolved Organic Carbon3	DOC	500
Total Dissolved Solids4	TDS	4,000

Table 3

5 In the case of soils, a higher limit value may be permitted by the Environment Agency, provided a Dissolved Organic Carbon value of 500 mg/kg is achieved at L/S 10 l/kg at the pH of the soil or at a pH value of between 7.5 and 8.0.
Parameter	Value
	mg/kg
Total Organic Carbon (TOC)5	30,000
BTEX compounds (benzene, toluene, ethyl benzene & xylenes)	6
Polychlorinated biphenyls (PCBs) (7 congeners)	1
Mineral oil (C10 to C40)	500
PAHs (Polycyclic aromatic hydrocarbons) (total of 17)	100

Criteria for landfills for non-hazardous waste E+W

12.   Waste may only be accepted at a landfill for non-hazardous waste if it meets either the requirements of paragraph 13 (waste acceptable without testing at landfills for non-hazardous waste) or such of the following paragraphs as apply to the waste in question—

(a) paragraph 14 (criteria for stable non-reactive hazardous waste and non-hazardous waste landfilled in the same cell with such waste);

(b) paragraph 15 (criteria relating to gypsum based waste);

(c) paragraph 16 (criteria for asbestos waste).

Wastes acceptable without testing at landfills for non-hazardous waste E+W

13.— (1) Subject to sub-paragraph (2), waste of the following types may be accepted without testing at landfills for non-hazardous waste—

(a) municipal waste that is classified as non-hazardous in Chapter 20 of the European Waste Catalogue; and

(b) separately collected fractions of household wastes and the same non-hazardous materials from other origins.

(2) Waste referred to in sub-paragraph (1) must meet the following criteria—

(a) it must have been subject to prior treatment in accordance with regulation 10;

(b) it must not be contaminated to such an extent as to justify its disposal in other facilities; and

(c) it must not be accepted in cells where stable, non-reactive hazardous waste is accepted in accordance with paragraph 3(a) of Part 1 of this Schedule.

(3) Waste comprising construction materials containing asbestos and other suitable materials may also be accepted at landfills for non-hazardous waste without testing where it meets the criteria in paragraph 3(a) and is landfilled in accordance with paragraph 16.

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

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) 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
Total Dissolved Solids	TDS	60,000

Table 5

Parameter	Value
(a) If this value is not achieved, a higher limit value may be permitted by the Environment Agency, 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.
Total Organic Carbon (TOC)	5%
pH	Minimum 6
Acid Neutralisation Capacity (ANC)	Must be evaluated

Table 5A

Component	Symbol	mg/m2
(a) These values must be determined using EA NEN 7375:2004. Where it is appropriate for compliance testing, the Environment Agency 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.

Criteria relating to gypsum based waste E+W

15.— (1) Gypsum based and other high sulphate bearing materials may only be disposed of in landfills for non-hazardous waste in cells where no biodegradable waste is accepted.

(2) The limit values for total organic carbon and dissolved organic carbon given in Tables 4 and 5 above shall apply to wastes landfilled with gypsum based materials.

Criteria for asbestos waste E+W

16.   The following criteria apply to the landfilling of asbestos waste and to construction materials containing asbestos—

(a) the waste must contain no hazardous substances other than bound asbestos, including fibres bound by a binding agent or packed in plastic;

(b) construction material containing asbestos or other suitable asbestos waste can only be accepted in a landfill dedicated to these wastes or in a separate cell of a non-dedicated landfill, provided it is sufficiently self-contained;

(c) the zone of deposit must be covered daily and before each compacting operation with appropriate material and, if the waste is not packed, it is regularly sprinkled;

(d) a final top cover is put on the landfill or cell in order to avoid the dispersion of fibres;

(e) no works are carried out on the landfill or cell that could lead to a release of fibres (eg the drilling of holes); and

(f) appropriate measures are taken to limit the possible uses of the land after closure of the landfill in order to avoid human contact with the waste.

Criteria for waste acceptable at landfills for hazardous waste E+W

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) 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 Environment Agency may include conditions in a permit authorising limit values for specific parameters (other than Dissolved Organic Carbon) 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 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 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	DOC	1,000
Total Dissolved Solids	TDS	100,000

Table 7

Parameter	Values
(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 Environment Agency, provided that the Dissolved Organic Carbon 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.
Loss On Ignition (LOI)	10 %
Total Organic Carbon (TOC)	6 %
Acid Neutralisation Capacity (ANC)	Must be evaluated

Table 8

Components	Symbol	mg/m2
(a) These values must be determined using EA NEN 7375:2004. Where it is appropriate for compliance testing, the Environment Agency 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 Environment Agency may include conditions in a permit authorising limit values for specific parameters (other than Dissolved Organic Carbon) 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.

Criteria for underground storage E+W

18.— (1) Waste may only be accepted at an underground storage site in accordance with a site specific safety assessment which complies with the provisions of Appendix A of Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC on the landfill of waste .

(2) At underground storage sites for inert waste, only waste which fulfils the criteria at paragraph 11 may be accepted.

(3) At underground storage sites for non-hazardous waste, only waste which fulfils the criteria at paragraph 12 may be accepted.

(4) At underground storage sites for hazardous waste, the criteria at paragraph 17 do not apply.

PART 4 E+W SAMPLING AND TEST METHODS

Interpretation E+W

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, SO₄²⁻, 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.

Sampling and testing E+W

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 Environment Agency.]

Regulations 5 and 8(3)(a)(i)

SCHEDULE 2 E+W GENERAL REQUIREMENTS FOR LANDFILLS

1.—(1) The location of a landfill must take into consideration requirements relating to— E+W

(a) the distances from the boundary of the site to residential and recreational areas, waterways, water bodies and other agricultural or urban sites;

(b) the existence of groundwater, coastal water or nature protection zones in the area;

(c) the geological or hydrogeological conditions in the area;

(d) the risk of flooding, subsidence, landslides or avalanches on the site; and

(e) the protection of the natural or cultural heritage in the area.

(2) A landfill permit may be issued for the landfill only if—

(a) the characteristics of the site with respect to the requirements in sub-paragraph (1); or

(b) the corrective measures to be taken,

indicate that the landfill does not pose a serious environmental risk.

(3) In this paragraph “nature protection zone” means a site of special scientific interest within the meaning of section 52 of the Wildlife and Countryside Act 1981 M7 or a European site within the meaning of regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994 M8 .

Marginal Citations

M7 1991 c.69; inserted by paragraph 5 of Schedule 9 to the Countryside and Rights of Way Act 2000 (c.37).

M8 See S.I. 1994/2716; relevant amendments were made by S.I. 2000/192.

2.—(1) Subject to the following provisions of this paragraph, appropriate arrangements shall be made with regard to the characteristics of the landfill and prevailing meteorological conditions in order to— E+W

(a) control rainwater entering the landfill body;

(b) prevent surface water or groundwater from entering into landfilled waste;

(c) collect contaminated water and leachate and treat it to the appropriate standard so that it can be discharged.

(2) Arrangements need not be made in accordance with sub-paragraph (1)(c) if the Agency decides that the landfill poses no potential hazard to the environment in view of its location and the kinds of waste to be accepted at the landfill.

(3) This paragraph shall not apply to inert landfills.

3.—(1) The landfill must be situated and designed so as to— E+W

(a) provide the conditions for prevention of pollution of the soil, groundwater or surface water; and

(b) ensure efficient collection of leachate as and when required by paragraph 2.

(2) Soil, groundwater and surface water is to be protected by the use of a geological barrier combined with—

(a) a bottom liner during the operational phase of the landfill; and

(b) a top liner following closure and during the after-care phase.

(3) The geological barrier shall comply with the requirements of sub-paragraph (4) and shall also provide sufficient attenuation capacity to prevent a potential risk to soil and groundwater.

(4) The landfill base and sides shall consist of a mineral layer which provides protection of soil, groundwater and surface water at least equivalent to that resulting from the following permeability and thickness requirements—

(a) in a landfill for hazardous waste: k 1.0y 10^-9 metre/second: thickness 5 metres;

(b) in a landfill for non-hazardous waste: k 1.0y 10^-9 metre/second: thickness 1 metres;

(c) in a landfill for inert waste: k 1.0y 10^-7 metre/second: thickness 1 metres.

(5) Where the geological barrier does not meet the requirements of sub-paragraph (4) naturally, it may be completed artificially and reinforced by other means providing equivalent protection; but in any such case a geological barrier established by artificial means must be at least 0.5 metres thick.

(6) A leachate collection and sealing system to ensure that leachate accumulation at the base of the landfill is kept to a minimum must also be provided in any hazardous or non-hazardous landfill in accordance with the following table—

Leachate collection and bottom sealing

Landfill category	Non-hazardous	Hazardous
Artificial sealing liner	Required	Required
Drainage layer 0.5 metres	Required	Required

(7) Where the potential hazards to the environment indicate that the prevention of leachate formation is necessary, surface sealing may be prescribed taking account of the following guidelines—

Landfill category	Non-hazardous	Hazardous
Gas drainage layer	Required	Not required
Artificial sealing liner	Not required	Required
Impermeable mineral layer	Required	Required
Drainage layer < 0.5 metres	Required	Required
Top soil cover < 1 metre	Required	Required

(8) The requirements of sub-paragraphs (3) to (7) may be reduced to an appropriate extent if on the basis of an assessment of environmental risks, having regard in particular to Directive 80/68/EEC M9 —

(a) it has been decided in accordance with paragraph 2 that the collection and treatment of leachate is not necessary; or

(b) it is established that the landfill poses no potential hazard to soil, groundwater or surface water.

Marginal Citations

M9 OJ No. L20, 26.1.80, p.43 as amended by Directive 91/692/EEC OJ No. L377, 31.12.91, p.48.

4.—(1) Appropriate measures must be taken in order to control the accumulation and migration of landfill gas. E+W

(2) Landfill gas must be collected from all landfills receiving biodegradable waste and the landfill gas must be treated and, to the extent possible, used.

(3) The collection, treatment and use of landfill gas under sub-paragraph (2) must be carried on in a manner which minimises damage to or deterioration of the environment and risk to human health.

(4) Landfill gas which cannot be used to produce energy must be flared.

5.—(1) Measures must be taken to minimise the nuisances arising from the landfill in relation to— E+W

(a) emissions of odours and dust;

(b) wind-blown materials;

(c) noise and traffic;

(d) birds, vermin and insects;

(e) the formation of aerosols; and

(f) fires.

(2) The landfill must be equipped so that dirt originating from the site is not dispersed onto public roads and the surrounding land.

6.—(1) The placement of waste must ensure stability of all the waste on the site and associated structures and in particular must avoid slippages. E+W

(2) Where an artificial barrier is used, the geological substratum must be sufficiently stable, taking into account the morphology of the landfill, to prevent settlement that may cause damage to the barrier.

7.—(1) The landfill must be secured to prevent free access to the site. E+W

(2) The gates of the landfill must be locked outside operating hours.

(3) The system of control and access to each facility must provide systems to detect and discourage illegal dumping in the facility.

Regulations 14(2) and 15(5)(c)

SCHEDULE 3 E+W MINIMUM MONITORING PROCEDURES FOR LANDFILLS

1.  This Schedule sets out minimum procedures for monitoring to be carried out to check— E+W

(a) that waste has been accepted for disposal only if it fulfils the relevant waste acceptance criteria;

(b) that the processes within the landfill proceed as desired;

(c) that environmental protections systems are functioning fully as intended; and

(d) that the conditions of the landfill permit are fulfilled.

2.—(1) Samples of leachate or surface water (if present) must be collected at representative points. E+W

(2) Sampling and measuring of the volume and composition of any leachate must be performed separately at each point at which leachate is discharged from the site.

(3) Monitoring of surface water (if present) shall take place at at least two points, one upstream from the landfill and one downstream.

(4) Gas monitoring must be carried out for each section of the landfill and representative samples must be collected and analysed in accordance with Table 1.

(5) A representative sample of leachate and water shall be taken for monitoring purposes in accordance with Table 1.

TABLE 1

Notes to Table 1  {s001} Longer intervals may be allowed if the evaluation of data indicates that they would be equally effective. For leachates, the conductivity must always be measured at least once a year. {s002} These do not apply where leachate collection is not required under paragraph 2(1)(c) of Schedule 2. {s003} The frequency of sampling may be adapted on the basis of the morphology of the landfill waste (in tumulus, buried, etc) (but only if the Environment Agency considers that the conditions of the landfill permit should allow for it). {s004} The parameters to be measured and substances to be analysed vary according to the composition of the waste deposited. They must be specified in the conditions of the landfill permit and reflect the leaching characteristics of the wastes. {s005} On the basis of the characteristics of the landfill site, the Environment Agency may determine that these measurements are not required. {s006} These measurements are related mainly to the content of the organic material in the waste. {s007} CH4, CO2, O2 regularly, other gases as required, according to the composition of the waste deposited, with a view to reflecting its leaching properties. {s008} Efficiency of the gas extraction system must be checked regularly.
	Operational phase	After-care phase {s001}
Leachate volume {s002}	Monthly {s001}, {s003}	Every six months
Leachate composition {s002}, {s004}	Quarterly {s001}	Every six months
Volume and composition of surface water {s005}	Quarterly {s001}	Every six months
Potential gas emissions and atmospheric pressure {s006} (CH4, CO2, O2, H2S, H2 etc)	Monthly {s001}, {s007}	Every six months {s008}

3.—(1) The sampling measurements taken must be sufficient to provide information on groundwater likely to be affected by the discharge from the landfill, with at least one measuring point in the groundwater inflow region and two in the outflow region. E+W

(2) The number of measurements referred to sub-paragraph (1) may be increased on the basis of a specific hydrogeological survey or the need for an early identification of accidental leachate release in the groundwater.

(3) Sampling must be carried out in at least three locations before filling operations in order to establish reference values for future sampling.

4.—(1) The monitoring of groundwater shall be carried out in accordance with Table 2. E+W

(2) The parameters to be analysed in the samples taken must be derived from the expected composition of the leachate and the groundwater quality in the area.

(3) In selecting the parameters for analysis, the mobility in the groundwater zone must be taken into account.

(4) Parameters may include indicator parameters in order to ensure an early recognition of change in water quality (the recommended parameters are pH, TOC, phenols, heavy metals, fluoride, [F34 anionic surfactants], oil/hydrocarbons).

TABLE 2

Notes to Table 2  {s009} If there are fluctuating groundwater levels, the frequency must be increased. {s010} The frequency must be based on the possibility for remedial action between two samplings if a trigger level is reached, i.e. the frequency must be determined on the basis of knowledge and the evaluation of the velocity of groundwater flow. {s011} When a trigger level is reached (see paragraph 5), verification is necessary by repeating the sampling. When the level has been confirmed, a contingency plan set out in the landfill permit conditions must be followed.
	Operational phase	After-care phase
Level of groundwater	Every six months {s009}	Every six months {s009}
Groundwater composition	Site-specific frequency {s010}, {s011}	Site-specific frequency {s010}, {s011}

Textual Amendments

F34 Words in Sch. 3 para. 4(4) substituted (15.6.2004) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), regs. 1(1), 7

5.—(1) Significant adverse environmental effects, as referred to in regulations 14(3) and 15(5)(b), should be considered to have occurred in the case of groundwater when an analysis of a groundwater sample shows a significant change in water quality. E+W

(2) The level at which the effects referred to in sub-paragraph (1) are considered to have occurred (“the trigger level”) must be determined taking account of the specific hydrogeological formations in the location of the landfill and groundwater quality.

(3) The trigger level must be set out in the conditions of the landfill permit whenever possible.

(4) The observations must be evaluated by means of control charts with established control rules and levels for each downgradient well.

(5) The control levels must be determined from local variations in groundwater quality.

6.  The topography of the site and settling behaviour of the landfill body shall be monitored in accordance with Table 3. E+W

TABLE 3

Note to Table 3  {s012} Data for the status plan of the relevant landfill: surface occupied by waste, volume and composition of waste, methods of depositing, time and duration of depositing, calculation of the remaining capacity still available at the landfill.
	Operational phase	After-care phase
Structure and composition of landfill body {s012}	Yearly
Settling behaviour of the level of the landfill body	Yearly	Yearly reading

Regulations 17(1) and 18

SCHEDULE 4 E+W TRANSITIONAL PROVISIONS

Existing landfills : transitional provisions E+W

1.—(1) Subject to paragraph 2(1), this paragraph shall apply to a landfill if—

(a) it is already in operation on 15th June 2002; or

(b) it has not been brought into operation by that date but the relevant authorisation for its operation was granted before that date [F35 ; and

(c) it is not a landfill to which paragraph 5 applies].

(2) A landfill to which this paragraph applies which falls within paragraph (b) of Part A(1) of Section 5.2 in Part 1 of Schedule 1 to the 2000 Regulations shall be treated as an existing installation for the purposes of Part 1 of Schedule 3 to those Regulations.

(3) If the operator proposes to continue to accept waste after 16th July 2002, the operator shall prepare a conditioning plan for the landfill site and submit it to the Environment Agency by that date.

(4) The conditioning plan required by sub-paragraph (3) must—

(a) be prepared on a form provided for that purpose by the Environment Agency; and

(b) contain details of any corrective measures which the operator considers will be needed in order to comply with the relevant requirements of these Regulations.

(5) If the operator does not propose to continue to accept waste after 16th July 2002, the operator shall notify the Environment Agency in writing by that date.

(6) Subject to sub-paragraph (7), where—

(a) the operator notifies the Environment Agency that he does not propose to accept waste for disposal after 16th July 2002;

(b) the Environment Agency decides, following the submission by the operator of a conditioning plan, that there is no reasonable prospect of the landfill or part of it meeting the relevant requirements of these Regulations (such decision, and the reasons for it, to be set out in a notice served on the operator); or

(c) the operator fails to submit a conditioning plan as required by sub-paragraphs (3) and (4) or to notify the Agency as required by sub-paragraph (5),

the Environment Agency shall ensure that closure of the landfill site (in whole or in part) takes place as soon as possible in accordance with regulation 15.

(7) Where the operator proposes to continue to accept waste but fails to submit a conditioning plan in accordance with sub-paragraphs (3) and (4), the relevant authorisation shall cease to have effect so as to authorise the disposal of waste at the landfill, and the Environment Agency shall proceed with the closure of the site under sub-paragraph (6), unless and until a conditioning plan which complies with sub-paragraph (4) is submitted and the Agency has agreed to consider it.

(8) In any case falling [F36 within sub-paragraph (6), (9A) or (9B)]—

(a) regulation 15 shall apply as if—

(i) references to a landfill permit were references to a relevant authorisation;

(ii) where the relevant authorisation is a waste management licence, references to the operator were references to the licence holder; and

(iii) in paragraph (6) after “revocation of permits)” there were inserted “ and sections 38, 39 and 42 of the Environmental Protection Act 1990 (revocation, suspension and surrender of waste management licences) ”; and

(b) the Environment Agency shall, if necessary, by notice in writing served on the operator or, in the case of a waste management licence, the licence holder, vary the conditions of the relevant authorisation so that—

(i) waste is no longer accepted for disposal on the whole or the relevant part of the landfill site from such date as is specified in the notice; and

(ii) the closure and after-care procedures will operate in accordance with regulation 15.

(9) In any case where the whole of a landfill site is not subject to closure under sub-paragraph (6), the Environment Agency shall by notice served on the operator specify the period (which shall not be less than six months) within which an application must be made (accompanied by a copy of the conditioning plan)—

(a) where no landfill permit is in force, for a landfill permit under regulation 10 of the 2000 Regulations; or

(b) where a landfill permit is in force, for a variation of the permit under regulation 17(2) of the 2000 Regulations,

so that waste may continue to be accepted for disposal at the landfill.

[F37 (9A) Where following receipt of a notice under sub-paragraph (9)(a)—

(a) the operator notifies the Environment Agency that he does not propose to accept waste for disposal after the date specified in the notice as the end of the period within which an application for a landfill permit under regulation 10 of the 2000 Regulations must be made;

(b) no application for a landfill permit is duly made within the period specified in the notice; or

(c) an application for a landfill permit is made within the period specified in the notice but then withdrawn or deemed withdrawn at some time after the end of that period,

the Environment Agency shall ensure closure of the landfill site as soon as possible (in whole or part) in accordance with regulation 15.

(9B) Where a landfill permit is refused pursuant to an application made under sub-paragraph (9), the Agency shall ensure closure of the landfill site (in whole or part) in accordance with regulation 15 as soon as possible after the determination date for that part of the landfill site.]

(10) In any case falling within sub-paragraph (9)(b), if an application is not duly made within the period specified in the notice served on the operator under that provision, the landfill permit shall cease to authorise the disposal of waste at the landfill until the application is duly made.

(11) Where the Environment Agency decides to grant or vary a landfill permit pursuant to an application made in accordance with sub-paragraph (9), the Agency shall specify the date or dates on which the permit conditions authorised or required by these Regulations shall take effect.

[F38 (11A) From 16th July 2006 any relevant authorisation shall be read as containing the following additional condition–

• “Waste of the types listed in regulation 9(1)(e) and (f) of the Landfill (England and Wales) Regulations 2002 shall not be accepted.”.

(11B) From 30th October 2007 any relevant authorisation shall be read as containing the following additional condition–

• “Waste of the types listed in regulation 9(1)(a) to (d) of the Landfill (England and Wales) Regulations 2002 and waste which does not comply with the requirement for prior treatment in regulation 10(1) of those Regulations shall not be accepted.”]

(12) The Environment Agency shall exercise its powers under sub-paragraphs (9) and (11)—

(a) on the basis of an assessment of environmental risks; and

(b) with a view to achieving full compliance with the relevant requirements of these Regulations—

(i) as soon as possible; and

(ii) by 31st March 2007 at the latest.

[F39 (13) In this Schedule—

(a) “the relevant requirements of these Regulations” do not include the requirements of paragraph 1 of Schedule 2; and

(b) “determination date” means—

(i) for a landfill (in whole or part) in relation to which a permit is refused and the applicant for the permit appeals against refusal, the date of affirmation of the refusal;

(ii) for a landfill (in whole or part) in relation to which a permit is refused and no appeal is made against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 8 to the 2000 Regulations, on which a notice of appeal might have been given.]

Textual Amendments

F35 Sch. 4 para. 1(1)(c) and preceding word added (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(6)(a)

F36 Words in Sch. 4 para. 1(8) substituted (15.6.2004) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), regs. 1(1), 8(1)(a)

F37 Sch. 4 para. 1(9A)(9B) inserted (15.6.2004) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), regs. 1(1), 8(1)(b)

F38 Sch. 4 para. 1(11A)(11B) inserted (16.7.2005) by The Landfill (England and Wales) (Amendment) Regulations 2005 (S.I. 2005/1640), regs. 1(1), 6(1)

F39 Sch. 4 para. 1(13) substituted (15.6.2004) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), regs. 1(1), 8(1)(c)

2.—(1) Paragraph 1 does not apply to a landfill if— E+W

(a) a landfill permit for its operation was granted on or after 16th July 2001 and before 15th June 2002;

(b) it falls within paragraph (b) of Part A(1) of Section 5.2 in Part 1 of Schedule 1 to the 2000 Regulations and a waste management licence for its operation was granted on or after 16th July 2001 and before 15th June 2002; or

(c) the prescribed date determined in accordance with Schedule 3 to the 2000 Regulations for the installation at which the landfill activity is carried out is before 15th June 2002 and an application for a landfill permit was duly made (but not determined) before 15th June 2002.

(2) In any case falling within sub-paragraph (1)(b), the waste management licence shall have effect on or after 15th June 2002 as if it were a landfill permit.

(3) In any case falling within sub-paragraph (1) the Environment Agency shall exercise its power to vary the relevant authorisation (or determine the outstanding application) so that the relevant requirements of these Regulations are complied with as soon as possible in relation to the landfill in question.

(4) In any case falling within sub-paragraph (1)(c), where an application for a waste management licence is also outstanding on 15th June 2002, there shall be no obligation on the Agency to determine the application for a waste management licence.

3.—(1)  [F40 Subject to sub-paragraph (1A)] the Environment Agency shall by notice in writing served on the operator no later than 16th July 2002, classify any landfill which appears to the Agency to require classification as a landfill for hazardous waste.

[F41 (1A) This paragraph does not apply to a landfill to which paragraph 5 applies.]

(2) If a landfill classified under sub-paragraph (1) as a landfill for hazardous waste ceases to accept hazardous waste in accordance with the conditioning plan required under paragraph 1(3), the Environment Agency may at any time before 16th July 2004 by notice in writing served on the operator revoke the classification made under sub-paragraph (1).

(3) The following provisions of these Regulations shall impose obligations directly on the operator of any landfill which is for the time being classified under sub-paragraph (1) as a landfill for hazardous waste pending determination of an application made pursuant to paragraph 1(9)—

(a) on or after 16th July 2002—

(i) regulation 9 (prohibition of acceptance of certain wastes); and

(ii) regulation 12 (waste acceptance procedures);

(b) on or after 16th July 2004, regulation 10(1) F42 ... (waste acceptance requirements).

(4) For the purposes of applying regulation 9(1)(g) under sub-paragraph (3)(a)(i) in relation to the period beginning on 16th July 2002 and ending on 15th July 2004, only the criteria in paragraph 1 of Schedule 1 are to be treated as relevant waste acceptance criteria.

(5) The operator of a landfill which is not classified as a landfill for hazardous waste shall only accept hazardous waste at that landfill on or after 16th July 2002 [F43 if the waste is stable non-reactive hazardous waste and it fulfils the relevant waste acceptance criteria].

Textual Amendments

F40 Words in Sch. 4 para. 3(1) inserted (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(6)(b)(i)

F41 Sch. 4 para. 3(1A) inserted (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(6)(b)(ii)

F42 Words in Sch. 4 para. 3(3)(b) omitted (16.7.2005) by virtue of The Landfill (England and Wales) (Amendment) Regulations 2005 (S.I. 2005/1640), regs. 1(1), 6(2)

F43 Words in Sch. 4 para. 3(5) substituted (16.7.2005) by The Landfill (England and Wales) (Amendment) Regulations 2004 (S.I. 2004/1375), regs. 1(1), 8(2)

4.—(1) This paragraph shall apply to any landfill if— E+W

(a) it falls within paragraph (b) of Part A(1) of Section 5.2 in Part 1 of Schedule 1 to the 2000 Regulations; F44 ...

(b) it has not been brought into operation by 15th June 2002 but an application for a waste management licence was duly made before that date[F45 ; and

(c) it is not a landfill to which paragraph 5 applies].

(2) Paragraph 1 of Part 1 of Schedule 3 to the 2000 Regulations shall apply as if in sub-paragraphs (a) and (b) “15th June 2002” were substituted for “ 1st January 2001 ”.

(3) Anything duly done by or in relation to the application for a waste management licence shall be treated as if it had been duly done in relation to an application for a landfill permit.

(4) The Environment Agency may give the applicant notice requiring him—

(a) to provide such further information of any description specified in the notice; or

(b) to take such further steps as it may require for the purpose of determining the application.

Textual Amendments

F44 Word in Sch. 4 para. 4(1)(a) omitted (15.5.2006) by virtue of The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(6)(c)(i)

F45 Sch. 4 para. 4(1)(c) and preceding word added (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(6)(c)(ii)

[F46 5.— (1) This paragraph shall apply to a landfill if— E+W

(a) it is a site for the disposal of—

(i) agricultural waste only;

(ii) mines or quarries waste only; or

(iii) agricultural waste and mines or quarries waste only; and

(b) it is in operation on 15th May 2006.

(2) A landfill to which this paragraph applies shall be treated as an existing installation for the purposes of Part 1 of Schedule 3 to the 2000 Regulations.

(3) If the operator proposes to continue to accept waste after 15th June 2006 he shall prepare a conditioning plan for the landfill site and submit it to the Environment Agency before that date.

(4) The conditioning plan required by sub-paragraph (3) shall—

(a) be prepared on a form provided for that purpose by the Environment Agency; and

(b) contain details of any corrective measures which the operator considers will be needed in order to comply with the relevant requirements of these Regulations.

(5) Closure of the landfill (in whole or in part) shall take place as soon as possible in accordance with sub-paragraphs (6) to (10) if—

(a) the operator does not propose to continue to accept waste;

(b) the Environment Agency decides, following the submission by the operator of a conditioning plan, that there is no reasonable prospect of the landfill or part of it meeting the relevant requirements of these Regulations (such decision, and the reasons for it, to be set out in a notice served on the operator); or

(c) the operator fails to submit a conditioning plan as required by sub-paragraphs (3) and (4).

(6) The operator shall submit to the Environment Agency such reports in connection with the closure of the landfill site as it may require by notice in writing.

(7) The Environment Agency shall—

(a) assess all the reports submitted by the operator; and

(b) carry out an on-site inspection.

(8) The Environment Agency shall by notice in writing served on the operator require closure of the landfill in accordance with the control and monitoring procedures set out in Schedule 3 subject to such conditions as are specified in the notice for such period as the Environment Agency determines is reasonable, taking into account the time during which the landfill could present a hazard to the environment.

(9) The Environment Agency may, at any time during which the landfill could present a hazard, vary a notice served under sub-paragraph (8) by notice in writing served on the operator and such notice shall state the reasons for the Agency’s decision to make the variation.

(10) The operator shall as soon as reasonably possible—

(a) notify the Environment Agency of any significant adverse environmental effects revealed by the control and monitoring procedures required by sub-paragraph (8); and

(b) comply with a notice—

(i) served under sub-paragraph (8); or

(ii) varied under sub-paragraph (9).

(11) In any case where the whole of a landfill is not subject to closure under sub-paragraph (5) the operator must within the relevant period submit an application for a landfill permit under regulation 10 of the 2000 Regulations (permits: general provisions) so that the Environment Agency may determine whether waste may continue to be accepted for disposal at the landfill.

(12) Where the Environment Agency decides to grant a landfill permit pursuant to an application made in accordance with sub-paragraph (11), the Agency shall specify the date or dates on which the permit conditions authorised or required by these Regulations shall take effect.

(13) The Environment Agency shall exercise its powers under sub-paragraph (12)—

(a) on the basis of an assessment of environmental risks; and

(b) with a view to achieving full compliance with the relevant requirements of these Regulations—

(i) as soon as possible; and

(ii) by 31st March 2007 at the latest.

(14) A notice served under sub-paragraph (8) shall be treated as a closure notice for the purposes of regulation 27 of the 2000 Regulations (appeals) and a condition of such a notice shall be treated as a condition of a permit for the purposes of regulation 24 of the 2000 Regulations (enforcement notices).

(15) Sections 41 and 42 of the Environment Act 1995 (charging schemes) shall apply in relation to a notice under sub-paragraph (8) as if any reference to an environmental licence included a reference to such a notice.

(16) In sub-paragraph (11), “relevant period” means the relevant period specified pursuant to paragraph 2(2) of Schedule 3 to the 2000 Regulations for landfills to which this paragraph applies.

Textual Amendments

F46 Sch. 4 paras. 5, 6 inserted (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(6)(d)

6.— (1) The Environment Agency shall by notice in writing served on the operator before 15th August 2006 classify any landfill to which paragraph 5 applies and which continues to accept waste which appears to the Environment Agency to require classification as a landfill for hazardous waste. E+W

(2) Regulations 9, 10 and 12 of these Regulations shall impose obligations directly on the operator of any landfill which is for the time being classified under sub-paragraph (1) as a landfill for hazardous waste pending determination of an application made pursuant to paragraph 5(11).]

Textual Amendments

F46 Sch. 4 paras. 5, 6 inserted (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(6)(d)

Regulation 19(2)

SCHEDULE 5 E+W AMENDMENTS TO OTHER SUBORDINATE LEGISLATION

Further amendment of the 2000 Regulations E+W

1.—(1) The 2000 Regulations shall be amended as follows. E+W

(2) In regulation 2(1) (Interpretation: general)—

(a) before the definition of “change in operation” insert

““the 2002 Regulations” means the Landfill (England and Wales) Regulations 2002;”

and

(b) after the definition of “installation” insert

““landfill” means a landfill to which the 2002 Regulations apply;”.

(3) In regulation 4 (fit and proper person)—

(a) in paragraph (3) for sub-paragraphs (b) and (c) substitute—

“(b) he has not made, or will not before commencement of the specified waste management activity make, adequate financial provision (either by way of financial security or its equivalent) to ensure that—

(i) the obligations (including after-care provisions) arising from the permit in relation to that activity are discharged; and

(ii) any closure procedures required by the permit in relation to that activity are followed;

(c) he and all staff engaged in carrying out that activity will not be provided with adequate professional technical development and training; or

(d) the management of that activity will not be in the hands of a technically competent person.”;

and

(b) in paragraph (5)(b) for “paragraph (3)(b)” substitute “ paragraph (3)(d) ”.

(4) In regulation 5 (application to the Crown)—

(a) in paragraph (1) after “these Regulations” insert “ and the 2002 Regulations ”;

(b) in paragraph (2)—

(i) after “these Regulations” insert “ or the 2002 Regulations ”; and

(ii) after “liable under regulation 32” insert “ below or under regulation 17 of the 2002 Regulations ”;

(c) in paragraph (3) after “these Regulations” insert “ and the 2002 Regulations ”; and

(d) in paragraph (4) after “these Regulations” insert “ or the 2002 Regulations ”.

(5) In regulation 6(1) (notices) after “these Regulations” insert “ or the 2002 Regulations ”.

(6) In regulation 10(2) (Permits: general provisions) after “regulation 12” insert “ below (or regulation 8 of the 2002 Regulations) ”.

(7) In regulation 12(16) (Conditions: specific requirements) after “this regulation” insert “ or regulation 8 of the 2002 Regulations ”.

(8) In regulation 17(1) and (4) (variation of conditions of permits) after “regulations 11 and 12” in both places where it occurs insert “ above or regulation 8 of the 2002 Regulations ”.

(9) In regulation 27 (persons who may appeal to the Secretary of State)—

(a) in paragraph (1) after sub-paragraph (e) insert—

“(f) a person whose request to initiate the closure procedure is not approved under regulation 15(3)(b) of the 2002 Regulations;

(g) a person who is aggrieved by a decision under paragraph 1(6)(b) of Schedule 4 to the 2002 Regulations”;

(b) in paragraph (2) for “or a suspension notice” substitute “ a suspension notice or a closure notice under regulation 16(1) of the 2002 Regulations ”;

(c) after paragraph (8) insert—

“(8A) Where an appeal is brought under paragraph (1)(g) in relation to a requirement to initiate the closure procedure or under paragraph (2) in relation to a closure notice, the closure procedure shall not be initiated pending the final determination or the withdrawal of the appeal.”;

(d) in paragraph (9) after “Regulations 11 and 12” insert “ above or regulation 8 of the 2002 Regulations ”;

(e) after paragraph (11) insert—

“(12) Where an appeal is brought under paragraph (1)(g) in relation to which a waste management licence within the meaning of Part II of the Environmental Protection Act 1990 (“a licence”) is in force, this regulation and Schedule 8 shall apply as if:

(a) references to a permit were references to a licence;

(b) references to the operator were references to the licence holder; and

(c) references to an installation or mobile plant were references to a landfill.”

(10) In regulation 28(1) and (2) (information) after “functions under these Regulations” in both places where it occurs insert “ or the 2002 Regulations ”.

(11) In regulation 32(1) (offences)—

(a) in sub-paragraph (d) for “or a suspension notice” substitute “ , a suspension notice or a closure notice under regulation 16 of the 2002 Regulations ”; and

(b) in sub-paragraph (f)(i), after “these Regulations” insert “ or the 2002 Regulations ”.

(12) In regulation 36(1) and (2) (directions to regulators) after “these Regulations” in both places where it occurs insert “ or the 2002 Regulations ”.

(13) In regulation 37(1) and (2) (guidance to regulators) after “these Regulations” in both places where it occurs insert “ or the 2002 Regulations ”.

(14) In Schedule 3 (prescribed date and transitional arrangements)—

(a) in the table in paragraph 2(2) for the entry relating to Section 5.2 substitute the following—

Section 5.2 Part A(1)

[F47 In the case of a landfill to which paragraph 1 of Schedule 4 to the 2002 Regulations applies, the period specified in the notice served on the operator under paragraph 1(9) of that Schedule and, in the case of a landfill to which paragraph 5 of that Schedule applies, the period of six months starting on 15th August 2006.]

(b) at the end of paragraph 2(11) add—

“(12) If—

(a) an activity falling within Part A(1) of Section 5.2 in Part 1 of Schedule 1 is carried out in an existing Part A installation; and

(b) an activity falling within some other Section in Part 1 of Schedule 1 is also carried out in the same installation (“a transitional landfill installation”),

the preceding provisions of this paragraph shall apply as if there were two separate existing Part A installations one consisting of the part of the installation where the activity falling within Part A(1) of Section 5.2 in Part 1 of Schedule 1 is carried out and the other consisting of the remainder of the installation.

(13) If—

(a) the relevant period has expired for a transitional landfill installation; and

(b) an application for a permit to operate the installation has been duly made but has not been determined at 15th June 2002, then—

(i) the application shall be treated as an application to operate the parts of the installation other than those where the activity falling within Part A(1) of Section 5.2 in Part 1 of Schedule 1 is carried out; and

(ii) the prescribed date for the remaining part of the installation shall be determined as if it were a separate installation.”

(15) After paragraph 1 of Part 1 of Schedule 4 (applications for permits) there shall be added—

“1A.   An application for a landfill permit under regulation 10 relating to an installation where an activity falling within Part A(1) of Section 5.2 in Part 1 of Schedule 1 is carried out shall contain the following additional information—

(a) a description of the types and total quantity of waste to be deposited;

(b) the proposed capacity of the disposal site;

(c) a description of the site, including its hydrogeological and geological characteristics;

(d) the proposed operation, monitoring and control plan;

(e) the proposed plan for the closure and after-care procedures; and

(f) the financial provision required by virtue of regulation 4(3)(b).”.

(16) In paragraph 1 of Schedule 9 (registers),

(a) in sub-paragraph (k) after “suspension notice” insert “ or closure notice under the 2002 Regulations ”;

(b) in sub-paragraph (q) after “regulation 32(1)” insert “ above or regulation 17(1) of the 2002 Regulations ”;

(c) in sub-paragraph (t) after “regulation 28(2)” insert “ or a closure notice under the 2002 Regulations ”;

(d) after sub-paragraph (w) insert—

“(x) all particulars of any site conditioning plan or notice submitted under sub-paragraph 1(3) or (5) of Schedule 4 to the 2002 Regulations;

(y) all particulars of any notice requiring a landfill to close (in whole or part) issued under paragraph 1(6) of Schedule 4 to the 2002 Regulations;

(z) all particulars of any notification or report required before definitive closure of a landfill under regulation 15(4) of the 2002 Regulations.”.

Textual Amendments

F47 Words in Sch. 5 para. 1(14)(a) substituted (15.5.2006) by The Waste Management (England and Wales) Regulations 2006 (S.I. 2006/937), regs. 1(2), 9(7)

The Waste Management Licensing Regulations 1994 E+W

2.—(1) The Waste Management Licensing Regulations 1994 M10 shall be amended as follows. E+W

(2) In regulation 3 (relevant offences), after sub-paragraph (o) insert—

“(p) regulation 17(1) of the Landfill (England and Wales) Regulations 2002.”

(3) In regulation 10(1) (registers),

(a) in sub-paragraph (f) after “(whether or not in relation to a licence)” insert “ or regulation 17(1) of the Landfill (England and Wales) Regulations 2002 ”;

(b) after sub-paragraph (o) insert—

“(p) all particulars of any site conditioning plan or notice submitted to the authority under paragraph 1(3) or (5) of Schedule 4 to the Landfill (England and Wales) Regulations 2002;

(q) all particulars of any notice of a decision under paragraph 1(6) of Schedule 4 to the Landfill (England and Wales) Regulations 2002;

(r) all particulars of any notification or report required before definitive closure of a landfill under regulation 15(4) of the Landfill (England and Wales) Regulations 2002.”.

Marginal Citations

M10 S.I. 1994/1056; relevant amending instruments are S.I. 2000/1973 and S.S.I. 2000/323.

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out a pollution control regime for landfills for the purpose of implementing Council Directive 99/31/EC on the landfill of waste (“the Landfill Directive”) in England and Wales. Landfills have previously been subject to either the Waste Management Licensing Regulations 1994 or the Pollution Prevention and Control (England and Wales) Regulations 2000 (“the 2000 Regulations”) (which in turn implemented Council Directive 96/61/EC concerning integrated pollution prevention and control (“the IPPC Directive”)).

Part I of the Regulations sets out the preliminary provisions. Regulation 3 sets out their scope (subject to the certain exceptions contained in regulation 4). Regulation 5 requires planning authorities to take the location requirements of these Regulations into consideration when granting planning permission. Regulation 6 amends the 2000 Regulations so that all landfills covered by these Regulations are Part A(1) installations for the purposes of those Regulations and therefore require a permit under those Regulations. The powers to set conditions in permits under the 2000 Regulations are disapplied for landfills as alternative powers are included in these Regulations.

Part II deals with conditions to be included in landfill permits. Regulation 7 requires the Environment Agency to classify landfills as for hazardous waste, non-hazardous waste or inert waste. Regulation 8 sets out the requirements for conditions to be incorporated in landfill permits. These include conditions for ensuring compliance by landfill operators with the relevant requirements of these Regulations which are set out in remaining regulations in this Part and Schedules 1 (waste acceptance criteria), 2 (general requirements) and 3 (monitoring procedures). Regulation 16 provides for closure notices which may be used by the Environment Agency to initiate closure of landfills.

Part III contains miscellaneous provisions. Regulation 17 creates offences where waste is accepted contrary to the requirements which apply directly to landfill operators under paragraph 3 of Schedule 4. Regulation 19(1) amends the Environmental Protection (Duty of Care) Regulations 1991, which impose requirements to document transfers of controlled waste, to add a requirement to identify the waste by reference to the appropriate category in the European Waste Catalogue. This provision comes into force on 31st August 2002.

Schedule 4 contains transitional provisions for existing landfills. It sets up a procedure for operators of landfills that will remain operational after 16th July 2002 to bring their operations into compliance with the relevant requirements of these Regulations. Sites which cannot comply will be closed, while the remainder will be granted new permits in accordance with these Regulations as soon as possible within a transitional period up to 31st March 2007.

Schedule 5 makes amendments to other secondary legislation. Amendments are made to the 2000 Regulations and the Waste Management Licensing Regulations 1994 (which covers those landfills previously not subject to the 2000 Regulations) to deal with the introduction of the requirements of these Regulations. Amendments are also made to the “fit and proper person” test applied by regulation 4 of the 2000 Regulations relating to arrangements an operator has to have in place to ensure the landfill is properly managed and financed.

A transposition note setting out how the Government will transpose the main elements of the Landfill Directive into law has been prepared and copies can be obtained from Waste Strategy Division, Department for Environment, Food and Rural Affairs, Zone 7/H10 Ashdown House, 123 Victoria Street, London SW1E 6DE. A copy has been placed in the library of each House of Parliament.

A regulatory impact assessment has been prepared and copies can be obtained from Waste Strategy Division, Department for Environment, Food and Rural Affairs, Zone 7/H10 Ashdown House, 123 Victoria Street, London SW1E 6DE. A copy has been placed in the library of each House of Parliament.