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1. (1) Subject to paragraph 2(1), this paragraph shall apply to a landfill if—
(a)it is already in operation on 15th June 2002; or
(b)it has not been brought into operation by that date but the relevant authorisation for its operation was granted before that date.
(2) A landfill to which this paragraph applies which falls within paragraph (b) of Part A(1) of Section 5.2 in Part 1 of Schedule 1 to the 2000 Regulations shall be treated as an existing installation for the purposes of Part 1 of Schedule 3 to those Regulations.
(3) If the operator proposes to continue to accept waste after 16th July 2002, the operator shall prepare a conditioning plan for the landfill site and submit it to the Environment Agency by that date.
(4) The conditioning plan required by sub-paragraph (3) must—
(a)be prepared on a form provided for that purpose by the Environment Agency; and
(b)contain details of any corrective measures which the operator considers will be needed in order to comply with the relevant requirements of these Regulations.
(5) If the operator does not propose to continue to accept waste after 16th July 2002, the operator shall notify the Environment Agency in writing by that date.
(6) Subject to sub-paragraph (7), where—
(a)the operator notifies the Environment Agency that he does not propose to accept waste for disposal after 16th July 2002;
(b)the Environment Agency decides, following the submission by the operator of a conditioning plan, that there is no reasonable prospect of the landfill or part of it meeting the relevant requirements of these Regulations (such decision, and the reasons for it, to be set out in a notice served on the operator); or
(c)the operator fails to submit a conditioning plan as required by sub-paragraphs (3) and (4) or to notify the Agency as required by sub-paragraph (5),
the Environment Agency shall ensure that closure of the landfill site (in whole or in part) takes place as soon as possible in accordance with regulation 15.
(7) Where the operator proposes to continue to accept waste but fails to submit a conditioning plan in accordance with sub-paragraphs (3) and (4), the relevant authorisation shall cease to have effect so as to authorise the disposal of waste at the landfill, and the Environment Agency shall proceed with the closure of the site under sub-paragraph (6), unless and until a conditioning plan which complies with sub-paragraph (4) is submitted and the Agency has agreed to consider it.
(8) In any case falling within sub-paragraph (6)—
(a)regulation 15 shall apply as if—
(i)references to a landfill permit were references to a relevant authorisation;
(ii)where the relevant authorisation is a waste management licence, references to the operator were references to the licence holder; and
(iii)in paragraph (6) after “revocation of permits)” there were inserted “and sections 38, 39 and 42 of the Environmental Protection Act 1990 (revocation, suspension and surrender of waste management licences)”; and
(b)the Environment Agency shall, if necessary, by notice in writing served on the operator or, in the case of a waste management licence, the licence holder, vary the conditions of the relevant authorisation so that—
(i)waste is no longer accepted for disposal on the whole or the relevant part of the landfill site from such date as is specified in the notice; and
(ii)the closure and after-care procedures will operate in accordance with regulation 15.
(9) In any case where the whole of a landfill site is not subject to closure under sub-paragraph (6), the Environment Agency shall by notice served on the operator specify the period (which shall not be less than six months) within which an application must be made (accompanied by a copy of the conditioning plan)—
(a)where no landfill permit is in force, for a landfill permit under regulation 10 of the 2000 Regulations; or
(b)where a landfill permit is in force, for a variation of the permit under regulation 17(2) of the 2000 Regulations,
so that waste may continue to be accepted for disposal at the landfill.
(10) In any case falling within sub-paragraph (9)(b), if an application is not duly made within the period specified in the notice served on the operator under that provision, the landfill permit shall cease to authorise the disposal of waste at the landfill until the application is duly made.
(11) Where the Environment Agency decides to grant or vary a landfill permit pursuant to an application made in accordance with sub-paragraph (9), the Agency shall specify the date or dates on which the permit conditions authorised or required by these Regulations shall take effect.
(12) The Environment Agency shall exercise its powers under sub-paragraphs (9) and (11)—
(a)on the basis of an assessment of environmental risks; and
(b)with a view to achieving full compliance with the relevant requirements of these Regulations—
(i)as soon as possible; and
(ii)by 31st March 2007 at the latest.
(13) In this Schedule “the relevant requirements of these Regulations” do not include the requirements of paragraph 1 of Schedule 2.
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