The Landfill (England and Wales) (Amendment) Regulations 2005
Made
Laid before Parliament
Coming into force
for the purpose of regulations 7 to 16 for all other purposes
17th June 2005
21st June 2005
15th July 2005
16th July 2005
The Secretary of State, in exercise of the powers conferred on her by section 2 of the Pollution Prevention and Control Act 1999[1], having in accordance with section 2(4) of that 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 or persons as she considers appropriate, makes the following Regulations:
1.
Title, commencent and extent
(1)
These Regulations may be cited as the Landfill (England and Wales) (Amendment) Regulations 2005 and shall come into force on 16th July 2005 except for regulations 7 to 16 which shall come into force on 15th July 2005.
(2)
These Regulations extend to England and Wales.
2-
Amendment of the Landfill (England and Wales) Regulations 2002
(2)
The Landfill (England and Wales) Regulations 2002[2] are amended in accordance with regulations 3 to 6.
(3)
In regulation 2 (interpretation), at the appropriate place insert—
" "L/S = 10 l/kg" means a liquid to solid ratio of 10 litres to one kilogram;".
(4)
In regulation 4 (cases where regulations do not apply), for paragraph (c)(i) substitute—
" (i)
non-hazardous dredging sludges alongside small waterways from where they have been dredged out;".
(5)
In regulation 17 (offences), in paragraph (1)(b) omit "or (2) in both cases".
(6)
In Schedule 4 (transitional provisions)—
(1)
in paragraph 1, after sub-paragraph (11) insert–
" (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 requirent for prior treatment in regulation 10(1) of those Regulations shall not be accepted."".
(2)
in paragraph 3, in sub-paragraph (3)(b) omit "and (2)".
3-
Amendment of the Landfill (England and Wales) (Amendment) Regulations 2004
(7)
The Landfill (England and Wales) (Amendment) Regulations 2004[3] are amended in accordance with regulations 8 to 16.
(8)
In regulation 5 (amendment of Part II, landfill permits), for paragraph (1) substitute—
" (1)
In regulation 10, omit paragraphs (2) to (5).".
(9)
In paragraph 5 (basic characterisation) of the schedule substituted by the Schedule, at the end of sub-paragraph (4)(c)(i) for "or" substitute "and".
(10)
In paragraph 8 (interpretation of Part 3) of the schedule substituted by the Schedule, at the end add—
In paragraph 11 (limit values for waste acceptable at landfills for inert waste) of the schedule substituted by the Schedule, at the foot of the columns in Table 3 headed "Parameter" and "Value" add "PAHs (Polycyclic aromatic hydrocarbons) (total of 17)" and "100" respectively.
(12)
In paragraph 12 (criteria for landfills for non-hazardous waste) of the schedule substituted by the Schedule, in sub-paragraph (a) omit "granular".
(13)
For paragraph 14 (criteria for granular waste accepted in stable non-reactive hazardous cells) of the schedule substituted by the Schedule substitute—
4-
Criteria for stable non-reactive hazardous waste and non-hazardous waste deposited in the same cell with such waste
(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)
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(b)
Total Dissolved Solids
TDS
60,000(c)
(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.
Table 5
Parameter
Value
Total Organic Carbon (TOC)
5% (a)
pH
Minimum 6
Acid Neutralisation Capacity (ANC)
Must be evaluated
(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.
Table 5A
`Component
Symbol
mg/m²(a)
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
(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.
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."
(14)
For
paragraph 17 (criteria for waste acceptable at landfills
for hazardous waste) of the schedule substituted by the
Schedule substitute—
5-
Criteria
for waste acceptable at landfills for hazardous waste
(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)(b)
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(c)
DOC
1,000
Total Dissolved Solids(d)
TDS
100,000
(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 donstrates that issions
(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.
Table
7
Parameter
Values
Loss On Ignition (LOI)
(a)
10 %
Total Organic Carbon
(TOC) (b)
6 %
Acid Neutralisation Capacity
(ANC)
Must be evaluated
(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.
Table
8
Components
Symbol
mg/m²(a) (b)
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.
(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 donstrates that issions
(including leachate) from the landfill will present no
additional risk to the environment."
(15)
For
paragraph 19 (interpretation of Part 4) of the schedule
substituted by the Schedule substitute—
6-
"
Interpretation
(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 cent-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 Septber 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 elents", 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 elents", 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.".
(16)
For
paragraph 20 (sampling and testing) of the schedule substituted
by the Schedule substitute—
7-
"
Sampling and testing
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
syst 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 requirents of this Schedule
are met; and
(b)
it
is carried out in accordance with an appropriate quality
assurance syst 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 elents;
(b)
EN
13656 for the microwave-assisted digestion of specified
acid mixtures for subsequent determination of elents.
(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.".
Ben
Bradshaw
Parliamentary Under-Secretary of State Department for
Environment, Food and Rural Affairs
These
Regulations make further amendments to the regulatory
regime governing landfills in England and Wales for the
purpose of implenting 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 ("the Landfill Directive"). They
also make provision in respect of the implentation of
the Landfill Directive.
The
Regulations amend the Landfill (England and Wales) Regulations
2002 (‘the 2002 Regulations' ), both directly as
well as indirectly by amendments to the changes made to
the 2002 Regulations by the Landfill (England and Wales)
(Amendment) Regulations 2004 (‘the 2004 Regulations'
). The direct amendments to the 2002 Regulations come
into force on 16th July 2005, while the amendments to
the 2004 Regulations come into force on 15th July 2005,
the day before those Regulations have effect. The result,
therefore, is that all the relevant changes in requirents
brought about by both the 2004 Regulations and these Regulations
come into effect on 16th July 2005.
Regulations
2 to 6 make amendments to the 2002 Regulations. The transitional
provisions for existing landfills in the 2002 Regulations
are amended so as to impose additional conditions in the
landfill permits or waste managent licences of existing
landfills prohibiting the acceptance of certain types
of waste at those landfills from specified dates (regulation
6). The additional conditions prohibit the acceptance
by such landfills of whole and shredded used tyres from
16th July 2006 and the acceptance of other specified types
of waste from 30th October 2007.
Regulation
3 defines a technical term, while regulation 4 amends
the exption concerning the deposit of non-hazardous dredging
sludges alongside small waterways so as to reflect the
exact wording of that part of Article 3(2) of the Landfill
Directive which this provision implents. Regulations 5
and 6(2) rove cross-references to a redundant provision
inserted in the 2002 Regulations by the 2004 Regulations,
which is itself roved by the amendment made to the 2004
Regulations by regulation 8.
The
main amendments to the 2004 Regulations concern the setting
of criteria for the acceptance of monolithic waste at
landfills to provide the same level of environmental protection
given by those set for granular waste. They re-enact,
with amendments, the waste acceptance criteria to be met
by granular waste and set new waste acceptance criteria
for monolithic waste, both in respect of stable non-reactive
waste and non-hazardous waste deposited in the same cell
with such waste (regulation 13) and waste acceptable at
landfills for hazardous waste (regulation 14). Regulations
15 and 16 make provision for the sampling and testing
of those wastes, while regulation 12 makes a consequential
amendment.
The
Regulations also amend the 2004 Regulations to set the
limit value for waste acceptable at landfills for inert
waste in respect of polycyclic aromatic hydrocarbons (regulations
10 and 11) and to correct a drafting error (regulation
9).
As
these Regulations implent parts of the Landfill Directive
and Council Decision 2003/33/EC, a transposition note
has been prepared setting out how the Government is transposing
the relevant elents of those instruments into UK law.
A full regulatory impact assessment has also been prepared.
Copies of both the transposition note and regulatory impact
assessment are available in the libraries of both Houses
of Parliament, and on the Defra website at http://www.defra.gov.uk/corporate/consult/landfill-regs/index.htm.
Hard copies are available from the following address:
Licensing and Enforcent Unit (Licensing), Zone 6/F9, Ashdown
House, 123 Victoria Street, London SW1E 6DE.
Copies
of the publications referred to in the provisions substituted
in the 2004 Regulations by regulations 14 and 15 of these
Regulations may be obtained from any of the outlets operated
by the British Standards Institution, or from The Stationery
Office (TSO) at PO Box 29 Norwich NR3 1GN (telephone 0870
600 5522, fax 0870 600 5533).
