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The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010

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After-closure

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12.  Following closure of the waste facility, where the Department considers it necessary, and for as long as may be specified in a final closure notice—

(a)maintenance, monitoring, control and corrective measures shall be undertaken;

(b)the physical and chemical stability of the facility shall be controlled and any negative environmental effects shall be minimised in order to fulfil relevant environmental requirements as set out in Directives 76/464/EEC, 80/68/EEC and 2000/60/EC, in particular with respect to surface and groundwater, by ensuring that—

(i)all the structures pertaining to the facility are monitored and conserved, with control and measuring apparatus always ready for use; and

(ii)where applicable, overflow channels and spillways are kept clean and free;

(c)the leachate generation potential, including contaminant content of the leachate, of the deposited waste shall be evaluated, and the water balance of the waste facility shall be determined;

(d)measures shall be taken to ensure—

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

(ii)contaminated water and leachate from the waste facility shall be collected and treated to the appropriate standard required for their discharge;

(e)the Department shall be notified of any events or developments likely to affect the stability of the waste facility and of any significant adverse environmental effects revealed by the after-closure and monitoring procedures and where applicable—

(i)the internal emergency plan shall be implemented;

(ii)any instructions from the Department as to the corrective measures to be taken shall be followed; and

(iii)liability for the costs of implementing the internal emergency plan and taking the corrective measures shall rest with the operator;

(f)all monitoring results shall be reported to the Department on the basis of aggregated data, at a frequency to be determined by it.

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