Article 1
1.
A waste facility shall be classified under Category A in accordance with the first F1part of the categorisation legislation if the predicted consequences in the short or the long term of a failure due to loss of structural integrity, or due to incorrect operation of a waste facility could lead to:
(a)
non-negligible potential for loss of life;
(b)
serious danger to human health;
(c)
serious danger to the environment.
2.
For the purpose of the classification referred to in paragraph 1, the entire life-cycle of the facility, including the after-closure phase, shall be considered in the evaluation of the hazard potential of the facility.
F23.
In paragraph 1, “first part of the categorisation legislation”—
(a)
as it extends to England and Wales, means the first indent of Annex 3 to Directive 2006/21/EC;
(b)
as it extends to Scotland, means paragraph (a) of the definition of “Category A waste facility” in regulation 2(1) of the 2010 Scotland Regulations;
(c)
as it extends to Northern Ireland, means paragraph 1 of Schedule 3 to the 2015 NI Regulations.