The Mining Waste Directive in the UK. Chris Dobbs Head of Estates & Geology Tarmac Quarry Materials

Transcription

1 The Mining Waste Directive in the UK Chris Dobbs Head of Estates & Geology Tarmac Quarry Materials

2 Mining Waste Directive Directive of the European Parliament and of the Council on the management of waste from extractive industries Directive 2006/21/EC

3 MWD relationship to Other Controls MWD will not replace:- Quarries Regulations 1999 Planning permission MWD unlikely to require any change in practices already good Another bureaucratic requirement

4 What does MWD apply to? MWD applies ONLY to Extractive Waste :- waste resulting from the prospecting, extraction, treatment and storage of mineral resources and the working of quarries Treatment means:- the mechanical, physical, biological, thermal or chemical process or combination of processes carried out on mineral resources, including the working of quarries, with a view to extracting the mineral, including size change, classification, separation and the re-processing of previously discarded waste, but excluding smelting, thermal manufacturing processes (other than the burning of limestone) and metallurgical processes

5 But is it Waste? - the Avesta Polarit test Avesta Polarit ECJ case about mining waste in Finland Residues from mining might not be waste if:- residues to be used to fill galleries and voids are physically identified by the operator the operator can supply the competent authority with sufficient guarantees of that use the competent authority is satisfied that the period of storage before use is not so long that use in filling cannot be guaranteed the use of the residues to fill the galleries and voids must be necessary and lawful that the residues can be used for that use without prior processing

6 Avesta Polarit & Restoration Materials Extractive Materials used in restoration might not be waste If not waste MWD does not apply Industry working on scheme to demonstrate non-waste status on a site-by-site basis

7 Types of Extractive Waste Extractive Waste will be in one of three categories:- Inert Non-Hazardous Non-inert Hazardous Inert is to be assessed by criteria to be produced by the EU

8 MWD Basic Outline Extractive Waste Waste Management Plan Excavation Voids No permit Inert Non Cat A Facilities No permit Cat A Facilities Permit + Non Facilities No permit Non Cat A Facilities (NH-NI) Permit

9 Waste Management Plans Waste Management Plans will have to:- Declare Category A status or provide reasons why not Category A Characterise waste and provide volume estimates Contain an operational description Identify possible pollution/health issues & intended control measures Identify control and monitoring procedures for site operation Include restoration and post-closure monitoring & control plans Include water and air pollution control measures Include a ground condition survey (but not clear what this means) Waste Management Plans to be reviewed every five years

10 Regulatory Regime & Competent Authority England & Wales Regime Environmental Permitting Competent Authority - Environment Agency Scotland & Northern Ireland Regime Planning System Competent Authority Mineral Planning Authority

11 England & Wales MWD Interface with Planning Inert Extractive Waste Waste Management Plan required Waste Management Plan approved by EP Standard Rules Permit Areas of Duplication or Conflict e.g. Operational & Environmental controls

12 Noise - planning The noise limits set out (above) shall not apply during :- (i) The stripping of soils and overburden on the site (ii) The construction of storage mounds for these materials and their respreading during restoration of the Site Noise from any of these activities shall not exceed 70db(a)LAeq (1 hour) (free field) at the position of any window to a habitable room of any dwelling The noise level at the potentially affected properties shall be determined in accordance with paragraph 2.22 of Annex 2 of MPS2 and the monitoring scheme approved under Condition 32 This Condition shall not apply for more than 45 days in any one calendar year unless otherwise agreed in writing by the County Planning Authority

13 Noise Standard Rules Permit Emissions from the activities shall be free from noise and vibration at levels likely to cause annoyance outside the site, as perceived by an authorised officer of the Agency If notified by the Agency that the activities are giving rise to annoyance outside the site due to noise and vibration, prepare and implement an approved management plan Perception vs. monitoring and specified limits How many extractive waste operations take place in isolation from the extraction site?

14 When? For all new activities from July 2009! In England & Wales current DEFRA consultation identifies applications For Mining Waste Operations involving Waste Facilities by 1 May 2011 For Mining Waste Operations only requiring a Waste Management Plan, 31 December 2010

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