Commission Decision of 20 April 2009 on the definition of the criteria for the classification of waste facilities in accordance with Annex III of Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries (notified under document number C(2009) 2856) (2009/337/EC)

Article 4 U.K.

1. [F1 The appropriate agency] shall assess the consequences of a failure due to loss of structural integrity or incorrect operation of a waste facility in accordance with paragraphs 2, 3 and 4.

2. The potential for loss of life or danger to human health shall be considered to be negligible or not serious if people other than workers operating the facility that might be affected are not expected to be present permanently or for prolonged periods in the potentially affected area. Injuries leading to disability or prolonged states of ill-health shall count as serious dangers to human health.

3. The potential danger for the environment shall be considered to be not serious if:

(a) the intensity of the potential contaminant source strength is decreasing significantly within a short time;

(b) the failure does not lead to any permanent or long-lasting environmental damage;

(c) the affected environment can be restored through minor clean-up and restoration efforts.

4. In establishing the potential for loss of life or danger to human health or to the environment, the specific evaluations of the extent of the potential impacts shall be considered in the context of the source-pathway-receptor chain.

Where there is no pathway between the source and the receptor, the facility concerned shall not be classified as Category A on the basis of failure due to loss of structural integrity or incorrect operation.

Textual Amendments

F1 Words in Art. 4(1) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 18(5); 2020 c. 1, Sch. 5 para. 1(1)