The Landfill (England and Wales) (Amendment) Regulations 2004

Regulation 6

SCHEDULE Amendment to Schedule 1of the 2002 Regulations

1.  For Schedule 1 of the 2002 Regulations substitute—

“SCHEDULE 1 CRITERIA AND PROCEDURES FOR THE ACCEPTANCE OF WASTE AT LANDFILLS

PART 1 GENERAL PRINCIPLES FOR THE ACCEPTANCE OF WASTE AT LANDFILLS

General principles for the acceptance of waste at all kinds of landfill

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

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

(a) it is listed on the Hazardous Waste List of the European Waste Catalogue(1) or has similar characteristics to those so listed; 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.

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

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

(a) it is listed on the Hazardous Waste List of the European Waste Catalogue or has similar characteristics to those so listed and—

(i) it is stable non-reactive hazardous waste;

(ii) its leaching behaviour is equivalent to that of non-hazardous waste which meets the relevant waste acceptance criteria; and

(iii) it is not deposited in cells used or intended to be used for the disposal of biodegradable non-hazardous waste; or

(b) it is any other waste listed on the European Waste Catalogue or has similar characteristics to those so listed.

PART 2 PROCEDURE FOR THE ACCEPTANCE OF WASTE AT LANDFILLS

Interpretation of Part 2

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

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 European Waste Catalogue;

(g) in the case of hazardous waste, the relevant properties which render it hazardous according to Annex III of the Hazardous Waste Directive(2);

(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; or

(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.

Compliance testing

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

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 WASTE ACCEPTANCE CRITERIA

Interpretation of Part 3

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.

Criteria for landfills for inert waste

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

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

EWC Code	Description	Restrictions
(a) 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.
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 only(a)
17 01 02	Bricks	Selected C&D waste only(a)
17 01 03	Tiles and ceramics	Selected C&D waste only(a)
17 01 07	Mixtures of concrete, bricks, tiles and ceramics	Selected C&D waste only(a)
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

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

Component	Symbol	L/S = 10 l/kg
		mg/kg dry substance
(a) 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.
(b) 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.
(c) The value for Total Dissolved Solids can be used alternatively to the values for Sulphate and Chloride.
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
Sulphate(a)	SO42-	1,000
Phenol index	PI	1
Dissolved Organic Carbon(b)	DOC	500
Total Dissolved Solids(c)	TDS	4,000

Table 3

Parameter	Value
	mg/kg
(1) 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.
Total Organic Carbon (TOC)(1)	30,000
BTEX compounds (benzene, toluene, ethyl benzene & xylenes)	6
Polychlorinated biphenyls (PCBs) (7 congeners)	1
Mineral oil (C10 to C40)	500

Criteria for landfills for non-hazardous waste

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 granular 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

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 granular stable non-reactive hazardous waste and non-hazardous waste deposited in the same cell with such waste

14.— (1) The following criteria shall apply to granular, stable, non-reactive hazardous waste and to granular non-hazardous waste which is landfilled in the same cell with such waste—

(a) the limit values set out in Table 4; and

(b) the additional criteria set out in Table 5.

(2) Monolithic stable non-reactive hazardous waste and monolithic non-hazardous waste landfilled in the same cell with such waste shall only be accepted if it meets criteria which provide the same level of environmental protection as the values in Tables 4 and 5.

Table 4

Component	Symbol	L/S = 10 l/kg(a)
		mg/kg dry substance
(a) 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 waste accepted in a mono-fill 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.
(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 may be considered as complying with the acceptance criteria for DOC, if the result of this determination does not exceed 800 mg/kg.
(c) The values for TDS (Total Dissolved Solids) can be used alternatively to the values for Sulphate and Chloride.
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(b)	DOC	800
Total Dissolved Solids(c)	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 (DOC) value of 800 mg/kg is achieved at L/S=10 l/kg, either at the material’s own pH or at a pH value between 7.5 and 8.0.
Total Organic Carbon (TOC)(a)	5%
pH	minimum 6
Acid Neutralisation Capacity (ANC)	Must be evaluated between the pH of the waste in question, pH6 and the pH of the site leachate

Criteria relating to gypsum based waste

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

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

17.— (1) The following criteria shall apply to granular waste to be accepted at a landfill for hazardous waste—

(a) the leaching limit values set out in Table 6; and

(b) the additional criteria set out in Table 7.

(2) Monolithic waste shall only be accepted at a landfill for hazardous waste if it meets criteria which provide the same level of environmental protection as the values in Table 6 and Table 7.

Table 6

Component	Symbol	L/S = 10 l/kg(a)
		mg/kg dry substance
(a) 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 waste accepted in a mono-fill 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.
(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 may be considered as complying with the acceptance criteria for DOC, if the result of this determination does not exceed 1,000 mg/kg.
(c) The values for TDS (Total Dissolved Solids) can be used alternatively to the values for Sulphate and Chloride.
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(b)	DOC	1,000
Total Dissolved Solids(c)	TDS	100,000

Table 7

Parameter	Values
(a) Either Loss on Ignition (LOI) or Total Organic Carbon (TOC) must be used
(b) If this value for TOC is not achieved, a higher limit value may be permitted by the Agency, provided that the DOC 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)(a)	10%
Total Organic Carbon (TOC)(b)	6%
Acid Neutralisation Capacity (ANC)	Must be evaluated between the pH of the waste in question, at pH6 and the pH of the site leachate

Criteria for underground storage

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(3).

(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 SAMPLING AND TEST METHODS

Interpretation of Part 4

19.   In this Part—

“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 15 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 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 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;

“ENV 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, SO₄^2- V and Zn”, published under the numbers BS EN 12506:2003 which came into effect on 11th June 2003;

“ENV 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;

“ENV 14039” means the standard described in the draft document entitled “Characterisation of waste—Determination of hydrocarbon content in the range of C10-C40 by gas chromatography”, published under the numbers PrEN 14039 which came into effect on 1 December 2000;

“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 on 1st February 2002;

“PrEN 14405” means the standard described in the draft document entitled “Characterisation of waste—Leaching behaviour test—Up-flow percolation test”, which came into effect on 1st May 2002;

“PrEN 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 on 1st June 2002; 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 on 1st May 2004.

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 system shall be used.

(3) Sampling and testing may be carried out by producers or operators where—

(a) there is sufficient supervision by independent and qualified persons to ensure that the objectives of this Schedule are achieved; 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.

(6) The following standards shall be used for leaching tests—

(a) PrEN 14405 for leaching behaviour and up-flow percolation tests;

(b) PrEN 14429 for leaching behaviour and influence of pH on leaching with initial acid/base addition;

(c) EN 12457/1-3 for compliance tests for leaching of granular waste materials and sludges.

(7) 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.

(8) The following standards shall be used for analyses—

(a) ENV 12506 and ENV 13370 for analysis of eluates;

(b) ENV 14039 for determination of certain hydrocarbon contents.

(9) For tests and analysis for which CEN standards are not available, the methods used must be approved by the Environment Agency.”.

(1)

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).

(2)

OJ No. L377, 31.12.91, p. 20 as amended by Council Directive 94/31/EC (OJ L168, 2.7.1994, p. 28).

(3)

OJ No. L11, 16.1.2003, p. 27.