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United Kingdom Statutory Instruments
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2004 No. 1375

ENVIRONMENTAL PROTECTION, ENGLAND AND WALES

The Landfill (England and Wales) (Amendment) Regulations 2004

  Made 17th May 2004 
  Laid before Parliament 19th May 2004 
  Coming into force
  for the purposes of Regulations 4(2), 7, 8(1) and 9 15th June 2004 
  for all other purposes 16th July 2005 

The Secretary of State, in exercise of the powers conferred on her by section 2 of the Pollution Prevention and Control Act 1999[1] ("the 1999 Act"), having in accordance with section 2(4) of the 1999 Act consulted the Environment Agency, such bodies or persons appearing to her to be representative of the interests of local government, industry, agriculture and small businesses respectively, and such other bodies or persons as she considers appropriate, makes the following regulations:

Citation, commencement and extent
     1.  - (1) These Regulations may be cited as the Landfill (England and Wales) (Amendment) Regulations 2004 and shall come into force on 16th July 2005 except for regulations 4(2), 7, 8(1) and 9 which shall come into force on 15th June 2004.

    (2) These Regulations extend to England and Wales.

Interpretation
     2. In these Regulations - 

Amendment of the 2002 Regulations
     3. The 2002 Regulations are amended in accordance with the following regulations.

Amendment of Part 1 (Preliminary)
     4.  - (1) In regulation 2 - 

    (2) At the end of regulation 4(b) insert "in a landfill".

Amendment of Part II (Landfill Permits)
     5.  - (1) In regulation 10 - 

    (2) In regulation 12 - 

Substitution of Schedule 1 (Waste acceptance criteria)
     6. The Schedule (which substitutes a schedule for Schedule 1 to the 2002 Regulations) shall have effect.

Amendment of Schedule 3 (Minimum monitoring procedures for landfills)
     7. In paragraph 4(4) of Schedule 3 for "As" substitute "anionic surfactants".

Amendment of Schedule 4 (Transitional Provisions)
     8.  - (1) In paragraph 1 of Schedule 4 - 

    (2) In paragraph 3 of Schedule 4 in sub-paragraph (5), for "in the circumstances specified in regulation 10(3)(c) and (4)" substitute "if the waste is stable non-reactive hazardous waste and it fulfils the relevant waste acceptance criteria".

Amendment of the 2000 Regulations
     9.  - (1) In paragraph 2 of Part 1 of Schedule 3 to the 2000 Regulations - 

    (2) In paragraph 2(1)(c) of Schedule 8 after "enforcement notice" insert "a closure notice".


Elliot Morley
Minister of State, Department for Environment Food and Rural Affairs

17th May 2004



SCHEDULE
Regulation 6


Amendment to Schedule 1of the 2002 Regulations


     1. For Schedule 1 of the 2002 Regulations substitute - 



(a) This limit value for sulphate may be increased to 6,000 mg/kg, provided that the value of C0 (the first eluate of a percolation test at L/S = 0.1 l/kg) does not exceed 1,500 mg/l. It will be necessary to use a percolation test to determine the limit value at L/S = 0.1 l/kg under initial equilibrium conditions.

(b) If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH value, it may alternatively be tested at L/S = 10 l/kg and a pH between 7.5 and 8.0. The waste may be considered as complying with the acceptance criteria for DOC, if the result of this determination does not exceed 500 mg/kg.

The value for Total Dissolved Solids can be used alternatively to the values for Sulphate and Chloride.Table 3ParameterValue    mg/kgTotal Organic Carbon (TOC)(a)30,000BTEX compounds (benzene, toluene, ethyl benzene & xylenes)6Polychlorinated biphenyls (PCBs) (7 congeners)1Mineral oil (C10 to C40)500(a) In the case of soils, a higher limit value may be permitted by the Environment Agency, provided a Dissolved Organic Carbon value of 500 mg/kg is achieved at L/S 10 l/kg at the pH of the soil or at a pH value of between 7.5 and 8.0.

Criteria for landfills for non-hazardous waste
     12. Waste may only be accepted at a landfill for non-hazardous waste if it meets either the requirements of paragraph 13 (waste acceptable without testing at landfills for non-hazardous waste) or such of the following paragraphs as apply to the waste in question - 

Wastes acceptable without testing at landfills for non-hazardous waste
     13.  - (1) Subject to sub-paragraph (2), waste of the following types may be accepted without testing at landfills for non-hazardous waste - 

    (2) Waste referred to in sub-paragraph (1) must meet the following criteria - 

    (3) Waste comprising construction materials containing asbestos and other suitable materials may also be accepted at landfills for non-hazardous waste without testing where it meets the criteria in paragraph 3(a) and is landfilled in accordance with paragraph 16.

Criteria for granular stable non-reactive hazardous waste and non-hazardous waste deposited in the same cell with such waste
     14.  - (1) The following criteria shall apply to granular, stable, non-reactive hazardous waste and to granular non-hazardous waste which is landfilled in the same cell with such waste - 

    (2) Monolithic stable non-reactive hazardous waste and monolithic non-hazardous waste landfilled in the same cell with such waste shall only be accepted if it meets criteria which provide the same level of environmental protection as the values in Tables 4 and 5.


Table 4
Component Symbol L/S = 10 l/kg>(a)
          mg/kg dry substance
Arsenic As 2
Barium Ba 100
Cadmium Cd 1
Total Chromium Cr total 10
Copper Cu 50
Mercury Hg 0.2
Molybdenum Mo 10
Nickel Ni 10
Lead Pb 10
Antimony Sb 0.7
Selenium Se 0.5
Zinc Zn 50
Chloride Cl- 15,000
Fluoride F- 150
Sulphate SO42- 20,000
Dissolved Organic Carbon(b) DOC 800
Total Dissolved Solids(c) TDS 60,000

(a) The Environment Agency may include conditions in a permit authorising limit values for specific parameters (other than dissolved organic carbon) up to three times higher for waste accepted in a mono-fill landfill taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.

(b) If the waste does not meet this value for Dissolved Organic Carbon (DOC) at its own pH, it may alternatively be tested at L/S = 10 l/kg and a pH of between 7.5 and 8.0. The waste may be considered as complying with the acceptance criteria for DOC, if the result of this determination does not exceed 800 mg/kg.

(c) The values for TDS (Total Dissolved Solids) can be used alternatively to the values for Sulphate and Chloride.


Table 5
Parameter Value
Total Organic Carbon (TOC)(a) 5%
pH minimum 6
Acid Neutralisation Capacity (ANC) Must be evaluated between the pH of the waste in question, pH6 and the pH of the site leachate

(a) If this value is not achieved, a higher limit value may be permitted by the Environment Agency, provided that the Dissolved Organic Carbon (DOC) value of 800 mg/kg is achieved at L/S=10 l/kg, either at the material's own pH or at a pH value between 7.5 and 8.0.

Criteria relating to gypsum based waste
     15.  - (1) Gypsum based and other high sulphate bearing materials may only be disposed of in landfills for non-hazardous waste in cells where no biodegradable waste is accepted.

    (2) The limit values for total organic carbon and dissolved organic carbon given in Tables 4 and 5 above shall apply to wastes landfilled with gypsum based materials.

Criteria for asbestos waste
     16. The following criteria apply to the landfilling of asbestos waste and to construction materials containing asbestos - 

Criteria for waste acceptable at landfills for hazardous waste
     17.  - (1) The following criteria shall apply to granular waste to be accepted at a landfill for hazardous waste - 

    (2) Monolithic waste shall only be accepted at a landfill for hazardous waste if it meets criteria which provide the same level of environmental protection as the values in Table 6 and Table 7.


Table 6
Component Symbol L/S = 10 l/kg(a)
          mg/kg dry substance
Arsenic As 25
Barium Ba 300
Cadmium Cd 5
Total Chromium Cr total 70
Copper Cu 100
Mercury Hg 2
Molybdenum Mo 30
Nickel Ni 40
Lead Pb 50
Antimony Sb 5
Selenium Se 7
Zinc Zn 200
Chloride Cl- 25,000
Fluoride F- 500
Sulphate SO42- 50,000
Dissolved Organic Carbon(b) DOC 1,000
Total Dissolved Solids(c) TDS 100,000

(a) The Environment Agency may include conditions in a permit authorising limit values for specific parameters (other than dissolved organic carbon) up to three times higher for waste accepted in a mono-fill landfill taking into account the characteristics of the landfill and its surroundings and provided a risk assessment demonstrates that emissions (including leachate) from the landfill will present no additional risk to the environment.

(b) If the waste does not meet this value for dissolved organic carbon (DOC) at its own pH, it may alternatively be tested at L/S = 10 l/kg and a pH of between 7.5 and 8.0. The waste may be considered as complying with the acceptance criteria for DOC, if the result of this determination does not exceed 1,000 mg/kg.

(c) The values for TDS (Total Dissolved Solids) can be used alternatively to the values for Sulphate and Chloride.


Table 7
Parameter Values
Loss On Ignition (LOI)(a) 10%
Total Organic Carbon (TOC)(b) 6%
Acid Neutralisation Capacity (ANC) Must be evaluated between the pH of the waste in question, at pH6 and the pH of the site leachate

(a) Either Loss on Ignition (LOI) or Total Organic Carbon (TOC) must be used

(b) If this value for TOC is not achieved, a higher limit value may be permitted by the Agency, provided that the DOC value of 1,000 mg/kg is achieved at L/S = 10 l/kg at its own pH or a pH value of between 7.5 and 8.0.

Criteria for underground storage
     18.  - (1) Waste may only be accepted at an underground storage site in accordance with a site specific safety assessment which complies with the provisions of Appendix A of Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC on the landfill of waste[7].

    (2) At underground storage sites for inert waste, only waste which fulfils the criteria at paragraph 11 may be accepted.

    (3) At underground storage sites for non-hazardous waste, only waste which fulfils the criteria at paragraph 12 may be accepted.

    (4) At underground storage sites for hazardous waste, the criteria at paragraph 17 do not apply.



PART 4

SAMPLING AND TEST METHODS

Interpretation of Part 4
     19. In this Part - 

    "EN 12457/1" means the standard described in the British Standard entitled "Characterisation of waste. Leaching. Compliance test for leaching of granular waste materials and sludges. One stage batch test at a liquid to solid ratio of 2 l/kg for materials with high solid content and with particle size below 4 mm (without or with size reduction)", published under the numbers BS EN 12457-1:2002 which came into effect on 15th October 2002;

    "EN 12457/2" means the standard described in the British Standard entitled "Characterisation of waste. Leaching. Compliance test for leaching of granular waste materials and sludges. One stage batch test at a liquid to solid ratio of 10 l/kg for materials with particle size below 4 mm (without or with size reduction)", published under the numbers BS EN 12457-2:2002 which came into effect on 15 October 2002;

    "EN 12457/3" means the standard described in the British Standard entitled "Characterisation of waste. Leaching. Compliance test for leaching of granular waste materials and sludges. Two stage batch test at a liquid to solid ratio of 2 l/kg and 8 l/kg for materials with a high solid content and with a particle size below 4 mm (without or with size reduction)", published under the numbers BS EN 12457-3:2002 which came into effect on 15th October 2002;

    "EN 13137" means the standard described in the British Standard entitled "Characterisation of waste. Determination of total organic carbon (TOC) in waste, sludges and sediments", published under the numbers BS EN 13137:2001 which came into effect on 28th September 2001;

    "EN 13656" means the standard described in the British Standard entitled "Characterisation of waste. Microwave assisted digestion with hydrofluoric (HF), nitric (HNO3), and hydrochloric (HCl) acid mixture for subsequent determination of elements", published under the numbers BS EN 13656:2002 which came into effect on 22nd October 2002;

    "EN 13657" means the standard described in the British Standard entitled "Characterisation of waste. Digestion for subsequent determination of aqua regia soluble portion of elements", published under the numbers BS EN 13657:2002 which came into effect on 22nd October 2002;

    "ENV 12506" means the standard described in the British Standard entitled "Characterisation of waste. Analysis of eluates. Determination of pH, As, Ba, Cd, Cl-, Co, Cr, Cr VI, Cu, Mo, Ni, NO2-, Pb, total S, SO42- V and Zn", published under the numbers BS EN 12506:2003 which came into effect on 11th June 2003;

    "ENV 13370" means the standard described in the British Standard entitled "Characterisation of waste. Analysis of eluates. Determination of Ammonium, AOX, conductivity, Hg, phenol index, TOC, easily liberatable CN-, F-", published under the numbers BS EN 13370:2003 which came into effect on 11th June 2003;

    "ENV 14039" means the standard described in the draft document entitled "Characterisation of waste - Determination of hydrocarbon content in the range of C10-C40 by gas chromatography", published under the numbers PrEN 14039 which came into effect on 1 December 2000;

    "PrEN 14346" means the standard described in the draft document entitled "Characterisation of waste - Calculation of dry matter by determination of dry residue or water content", which came into effect on 1st February 2002;

    "PrEN 14405" means the standard described in the draft document entitled "Characterisation of waste - Leaching behaviour test - Up-flow percolation test", which came into effect on 1st May 2002;

    "PrEN 14429" means the standard described in the draft document entitled "Characterisation of waste - Leaching behaviour test - Influence of pH on leaching with initial acid/base addition", which came into effect on 1st June 2002; and

    "PrEN 14899" means the standard described in the draft document entitled "Characterisation of waste - Sampling of waste materials: Framework for the preparation and application of a sampling plan", which came into effect on 1st May 2004.

Sampling and testing
     20.  - (1) All sampling and testing required by this Schedule shall be carried out in accordance with this paragraph.

    (2) Subject to sub-paragraph (3), sampling and testing shall be carried out by independent and qualified persons and institutions and only laboratories which have proven experience in waste testing and analysis and an efficient quality assurance system shall be used.

    (3) Sampling and testing may be carried out by producers or operators where - 

    (a) there is sufficient supervision by independent and qualified persons to ensure that the objectives of this Schedule are achieved; and

    (b) it is carried out in accordance with an appropriate quality assurance system which includes periodic independent checking.

    (4) All sampling shall be carried out using a sampling plan developed in accordance with PrEN 14899.

    (5) The following standards shall be used for the sampling and testing of general waste properties - 

    (a) EN 13137 for the determination of TOC in waste, sludge and sediments;

    (b) PrEN 14346 for the calculation of dry matter by determination of dry residue or water content.

    (6) The following standards shall be used for leaching tests - 

    (a) PrEN 14405 for leaching behaviour and up-flow percolation tests;

    (b) PrEN 14429 for leaching behaviour and influence of pH on leaching with initial acid/base addition;

    (c) EN 12457/1-3 for compliance tests for leaching of granular waste materials and sludges.

    (7) The following standards shall be used for the digestion of raw waste - 

    (a) EN 13657 for the digestion for subsequent determination of aqua regia portion of elements;

    (b) EN 13656 for the microwave-assisted digestion of specified acid mixtures for subsequent determination of elements.

    (8) The following standards shall be used for analyses - 

    (a) ENV 12506 and ENV 13370 for analysis of eluates;

    (b) ENV 14039 for determination of certain hydrocarbon contents.

    (9) For tests and analysis for which CEN standards are not available, the methods used must be approved by the Environment Agency.".


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the regulatory regime governing landfills in England and Wales for the purpose of implementing Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC on the landfill of waste ("the Landfill Directive").

The Decision supplements the requirements of the Directive by specifying detailed criteria and procedures for acceptance of waste for each class of landfill. These Regulations replace the existing waste acceptance criteria and waste acceptance procedures in the Landfill (England and Wales) Regulations 2002 ("the 2002 Regulations") with those contained in the Decision with effect from 16 July 2005. They also make some minor amendments to the 2002 Regulations and the Pollution Prevention and Control Regulations 2000.

Regulations 5 and 6 and Schedule 1 put in place the new waste acceptance criteria and procedures by amending relevant regulations of the 2002 Regulations and substituting a new Schedule 1.

Regulations 7, 8 and 9 make some minor amendments, in particular to the transitional regime. Existing landfills which are required to apply for a new permit to bring their operations into compliance with the Regulations, must close if the application is unsuccessful for some reason.

As these Regulations give effect, in part, to the Landfill Directive, a transposition note has been prepared setting out how the Government will transpose into UK law the main elements of this Directive. A regulatory impact assessment has also been prepared. Copies of both the transposition note and regulatory impact assessment are available in the libraries of both Houses of Parliament, and on the Defra website at http://www.defra.gov.uk/corporate/consult/landfill-regs/index.htm. Hard copies are available from the following address: Landfill Policy Team, Zone 7/E9, Ashdown House, 123 Victoria Street, London SW1E 6DE.

The volume entitled "Indexes to the United Kingdom Standard Industrial Classification of Economic Activities 2003", referred to in the definition of "SIC code", is available from the Stationery Office Limited on 0870 600 552.

Copies of the publications referred to in Part 4 of Schedule 1 of these Regulations may be obtained from any of the outlets operated by the British Standards Institution, or by post from the Stationery Office Limited at 123 Kingsway, London, WC2B 6PQ or by telephone on 0207 242 6410.

Notes:

[1] 1999 c. 24; the Secretary of State can exercise these powers only in relation to England and Wales - see section 53 of the Scotland Act 1998 (c. 46) and section 5(3) of the 1999 Act. Directive 99/31/EC on the landfill of waste (OJ No. L182, 16.7.1999, p. 1) was designated by S.I. 2001/3585 as a relevant directive for the purposes of paragraph 20(2)(c) of Schedule 1 to the 1999 Act.back

[2] S.I 2000/1973; amended by S.I. 2002/1559; there are other amending instruments but none is relevant.back

[3] S.I 2002/1559.back

[4] ISBN 0-11-62-11-16417.back

[5] Council Decision 2000/532/EC (OJ L226, 6.9.2000, p. 3) as amended by Council Decisions 2001/118/EC (OJ L47, 16.2.2001, p. 1), 2001/119/EC (OJ L47, 16.2.2001, p. 32) and 2001/573/EC (OJ L203, 28.7.2001, p. 18).back

[6] OJ No. L377, 31.12.91, p. 20 as amended by Council Directive 94/31/EC (OJ L168, 2.7.1994, p. 28).back

[7] OJ No. L11, 16.1.2003, p. 27.back


ISBN 0 11 049316 8


  © Crown copyright 2004

Prepared 18 June 2004

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