The Landfill (England and Wales) (Amendment) Regulations 2005

Statutory Instrument 2005 No. 1640

The Landfill (England and Wales) (Amendment) Regulations 2005

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STATUTORY INSTRUMENTS

2005 No. 1640

ENVIRONMENTAL PROTECTION, ENGLAND AND WALES

The Landfill (England and Wales) (Amendment) Regulations 2005

	Made	17th June 2005
	Laid before Parliament	21st June 2005
	Coming into force
	for the purpose of regulations 7 to 16	15th July 2005
	for all other purposes	16th July 2005

Title, commencement 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.

Amendment of the Landfill (England and Wales) Regulations 2002

The Landfill (England and Wales) Regulations 2002[

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—

     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 requirement 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)".

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—

     11. 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—

" 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—

(b) in the case of monolithic waste–

(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–

(v) where the waste was subjected to treatment to render it monolithic, prior to such treatment it met the following limit values—

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 _t_o_t_a_l	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 _t_o_t_a_l 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—

" Criteria for waste acceptable at landfills for hazardous waste

17.

Waste shall only be accepted at a landfill for hazardous waste if—

(b) in the case of monolithic waste–

(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–

(v) where the waste was subjected to treatment to render it monolithic, prior to such treatment it met the following limit values—

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 _t_o_t_a_l	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 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.

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 _t_o_t_a_l 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 demonstrates that emissions (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—

" 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 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;

₂

₄

"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;

₃

"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.".

16. For paragraph 20 (sampling and testing) of the schedule substituted by the Schedule substitute—

" 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 of waste or operators where–

(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–

(6) The following standards shall be used for strength and stability tests—

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

(b) for monolithic waste—

(8) The following standards shall be used for the digestion of raw waste–

(9) The following standards shall be used for analyses–

(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

17th June 2005

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make further amendments to the regulatory regime governing landfills in England and Wales for the purpose of implementing 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 implementation 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 requirements 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 management 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 exemption 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 implements. Regulations 5 and 6(2) remove cross-references to a redundant provision inserted in the 2002 Regulations by the 2004 Regulations, which is itself removed 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 implement 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 elements 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

Notes:

[1] 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 1999 Act. Council Directive 99/31/EC on the landfill of waste (OJ No. L182, 16.7.1999, p.1) 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.

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[2] S.I. 2002/1559, amended by S.I. 2004/1375.back

[3] S.I. 2004/1375.back

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Prepared 24 June 2005