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The Management of Extractive Waste (Scotland) Regulations 2010

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After‑closure procedures: duties of operator

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27.  Following closure of a waste facility the operator shall—

(a)remain responsible for the maintenance, monitoring, control and corrective measures for as long as the planning authority requires;

(b)where considered necessary by the planning authority, in order to fulfil relevant environmental requirements, as set out in Directives 76/464/EEC, 80/68/EEC and 2000/60/EC, the operator shall control the physical and chemical stability of the facility and minimise any negative environmental effect, 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)evaluate the leachate generation potential, including contaminant content of the leachate, of the deposited waste, and determine the water balance of the waste facility;

(d)prevent or minimise leachate generation and surface water or groundwater and soil from being contaminated by the waste and collect and treat contaminated water and leachate from the waste facility to the appropriate standard required for their discharge, unless the planning authority reduces or waives these requirements in accordance with regulation 23(2);

(e)without delay, notify the planning authority of any events or developments likely to affect the stability of the waste facility and any significant adverse environmental effects revealed by the relevant control and monitoring procedures and where applicable the operator shall—

(i)implement the internal emergency plan;

(ii)follow any instructions from the planning authority as to the corrective measures to be taken; and

(iii)accept financial liability for the costs of the measures in sub-paragraphs (i) and (ii); and

(f)report to the planning authority, if it so requires and at a frequency determined by it, on the basis of aggregated data, all monitoring results for the purposes of demonstrating compliance with planning conditions and increasing knowledge of waste and waste facility behaviour.

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