Article 8

1.

F1The appropriate agency shall assess whether the criterion set out in the third F2part of the categorisation legislation is met in accordance with the considerations set out in paragraphs 2, 3, and 4.

2.

For planned tailing ponds, the following methodology shall be used:

(a)

an inventory shall be carried out of the substances and preparations which are used in the processing and which are subsequently discharged with the tailings slurry to the tailings pond;

(b)

for each substance and preparation, the yearly quantities used in the process shall be estimated out for each year of the planned duration of operation;

(c)

for each substance and preparation, it shall be determined whether it is a dangerous substance or preparation within the meaning of F3 Regulation (EC) No 1272/2008 of the European Parliament and of the Council;

(d)

for each year of planned operation, the yearly increase in stored water (ΔQi) within the tailings pond shall be calculated under steady state conditions according to the formula set out in Annex I;

(e)

for each dangerous substance or preparation identified in accordance with point (c), the maximum yearly concentration (C max) in the aqueous phase shall be estimated according to the formula set out in Annex II.

If, on the basis of the estimation of the maximum yearly concentrations (C max), the aqueous phase is considered to be ‘dangerous’ within the meaning of F4Regulation (EC) No 1272/2008 of the European Parliament and of the Council, the facility shall be classified as a Category A facility.

3.

For operating tailings ponds, the classification of the facility shall be based on the methodology set out in paragraph 2, or on direct chemical analysis of the water and solids contained in the facility. If the aqueous phase and its contents have to be considered as dangerous preparation within the meaning of F5Regulation (EC) No 1272/2008 of the European Parliament and of the Council, the facility shall be classified as a Category A facility.

4.

For heap leaching facilities, where metals are extracted from ore heaps by percolating leach solutions, F6the appropriate agency shall undertake a screening for dangerous substances at closure based on an inventory of used leach chemicals and the residual concentrations of these leach chemicals in the drainage after washing has been finalised. If these leachates have to be considered as dangerous preparation within the meaning of F7Regulation (EC) No 1272/2008 of the European Parliament and of the Council, the facility shall be classified as a Category A facility.

F85.

In paragraph 1, “third part of the categorisation legislation”—

(a)

as it extends to England and Wales, means the third indent of Annex 3 to Directive 2006/21/EC;

(b)

as it extends to Scotland, means paragraph (c) 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 3 of Schedule 3 to the 2015 NI Regulations.