The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015

Construction and management N.I.

9.—(1) In the construction and management of a new waste facility or the modification of an existing waste facility, it shall be ensured that—

(a) the facility is suitably located taking into account in particular [F1 obligations under national legislation or [F2 assimilated] law] relating to protected areas, and geological, hydrological, hydrogeological, seismic and geotechnical factors;

(b) the facility is designed so as to meet the necessary requirements for, in the short and long term perspectives, preventing pollution of the soil, air, groundwater or surface water in accordance with [F3 any law implementing Directives 2006/118/EC and 2000/60/EC] and ensuring efficient collection of contaminated water and leachate and reducing erosion, caused by water or wind, as far as it is technically possible and economically viable;

(c) the facility is suitably constructed, managed and maintained to ensure its physical stability and to prevent pollution or contamination of soil, air, surface water or groundwater in the short and long term perspectives as well as to minimise as far as possible damage to landscape;

(d) there are suitable plans and arrangements for regular monitoring and inspection of the facility by competent persons and for taking action in the event of results indicating instability or water or soil contamination and that in relation to such monitoring and inspections—

(i) reports of the monitoring and inspections are kept in order to ensure the appropriate hand–over of information, particularly in the event of a change of operator,

(ii) reports are made to the council, at a frequency to be determined by it, but in any event no less than once a year, of all monitoring results on the basis of aggregated data, and

(iii) where the council decides that such reports need to be validated by an independent expert, such expert shall be allowed access to the facility to conduct appropriate monitoring and all reasonable requirements of the expert shall be complied with;

(e) suitable arrangements are made for the rehabilitation of the land and the closure of the facility;

(f) suitable arrangements are made for the after-closure phase of the facility;

(g) the management of the facility is undertaken by a competent person;

(h) technical development and training of staff involved in the management of the facility is provided; and

(i) up-to-date records are kept of all waste management operations, which are made available for inspection by the council on request.

(2) In the event of a change of operator during the management of the waste facility it shall be ensured that there is a transfer of relevant up-to-date information and records relating to the waste facility.

(3) Where any events likely to affect the stability of the waste facility or any significant adverse environmental effects revealed by the control and monitoring procedures are identified—

(a) the council shall be notified without undue delay and no later than 48 hours after those events or effects;

(b) the internal emergency plan shall be implemented, where applicable;

(c) any instruction from the council as to the corrective measures to be taken shall be followed; and

(d) the operator shall be liable for the costs of the measures undertaken.

Textual Amendments

F1 Words in reg. 9(1)(a) substituted (31.12.2020) by The Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018 (S.I. 2018/1235), regs. 1(2), 6(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in reg. 9(1)(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 10 para. 24(c)

F3 Words in reg. 9(1)(b) substituted (31.12.2020) by The Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018 (S.I. 2018/1235), regs. 1(2), 6(6)(b); 2020 c. 1, Sch. 5 para. 1(1)