Key Benefits:
Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, responsible for green technologies and climate negotiations,
Considering Directive No. 91/689/EEC of 12 December 1991 on hazardous wastes;
In light of Directive 2000/60/EC of 23 October 2000 establishing a framework for community water policy;
Considering Directive No. 2001/42/EC of 27 June 2001 on the assessment of the environmental impact of certain plans and programmes;
Considering Directive No. 2006/12/EC of 5 April 2006 on wastes;
Considering Directive No. 2006/21/EC of 15 March 2006 on waste management in the extractive industry and amending Directive 2004/35/EC;
Considering Directive No. 2006/118/EC of 12 December 2006 on the protection of groundwater from pollution and deterioration;
Considering Directive No. 2008/1/EC of 15 January 2008 on integrated pollution prevention and reduction;
Considering Commission Decision No. 2009/337/EC of 20 April 2009 on the definition of criteria for classification of waste management facilities in accordance with Annex III of Directive 2006/21/EC of the European Parliament and the Council on waste management of the extractive industry;
In view of Commission Decision No. 2009/359/EC of 30 April 2009 supplementing the definition of "inert waste" pursuant to Article 22, paragraph 1, point f, Directive 2006/21/EC of the European Parliament and the Council on waste management of the extractive industry;
In view of Commission Decision No. 2009/360/EC of 30 April 2009 supplementing the technical requirements for the characterization of wastes set out in Directive 2006/21/EC of the European Parliament and the Council on waste management of the extractive industry;
Considering the environmental code, including articles L. 512-1 and L. 512-5;
Having regard to the amended decision of 2 February 1998 on water sampling and consumption, as well as to the emissions of any kind of facilities classified for environmental protection subject to authorization;
Considering the opinion of the professional organizations concerned;
In light of the opinion of the Higher Council of Facilities classified on 6 April 2010,
Stop it!
Field.
This Order applies to the storage of solid, liquid, solution or suspension waste under heading 2720 of the nomenclature of classified facilities.
For the purpose of this Order, mining waste is waste from mining exploration, extraction, processing and storage of mining resources (including fossil raw materials) and waste from mining and quarry operations, including muds from drilling for the exploitation of hydrocarbons.
In particular, the provisions of this Order shall include the facilities consisting of a dam or a holding structure, containment or any other useful structure, the terrils, haldes and basins, the pours, all sterile storages and, more generally, of extraction wastes, as well as the excavation holes in which the wastes are replaced, after the extraction of the mineral,
Exclusions.
Excluded from the scope of this Order:
- sites used to store non-inert and non-hazardous waste for a period of less than one year;
- waste from or produced by prospecting, extraction, processing of mining resources and mining and quarrying, but not directly related to these processes, such as food waste, used oils, unused vehicles and used batteries and batteries;
- waste from prospecting, extraction and offshore processing of mineral and fossil resources;
- water injection and pumped groundwater rejection.
Definitions.
For the purposes of this Order, the following means:
Basin: a natural or landscaped site intended to receive waste for fine grain, in principle residues, and variable quantities of free water from the treatment of mining resources as well as the purification and recycling of treatment water.
Easily available cyanide: cyanide and cyanide compounds dissolved by a low acid, at a certain pH.
Mining wastes: wastes from mining exploration, mining, processing and storage (including fossil raw materials) and wastes from mining and quarry operations, including muds from drilling for the exploitation of hydrocarbons.
Inert wastes: wastes that meet the following criteria in the short-term and long-term:
(a) Wastes may not be subject to any significant changes, including disintegration or dissolution, which may result in adverse effects on the environment or human health;
(b) Wastes have a maximum sulphur content in the form of sulphide of 0.1%, or wastes have a maximum sulphur content in the form of sulphide of 1% and the neutralization ratio, defined as the ratio of neutralization potential to acid generation and determined using a prEN 15875 static test, is greater than 3;
(c) Wastes are not at risk of self-combustion and are not flammable;
(d) The content of waste, including that of isolated fine particles, of potentially hazardous substances for the environment or human health, and particularly in certain compounds of As, Cd, Co, Cr, Cu, Hg, Mo, Ni, Pb, V and Zn, is sufficiently low for the risk to be negligible for human health and the environment, both in the short and long term. In this regard, it is considered to be sufficiently low, so that the risk is negligible for human health and the environment, the content not exceeding the thresholds for sites considered to be unpolluted, or the relevant natural background levels;
(e) Wastes are practically free from products, used for extraction or treatment, which are likely to harm the environment or human health.
Digue: a built-in work whose function is to retain or participate in the containment of waste.
Lixiviat: any liquid filtering by percolation of waste deposited and flowing from a waste management facility or contained in it, including polluted drainage water, and that is likely to harm the environment if it does not undergo appropriate treatment.
Prospection: the search for mineral deposits with an economic value, including sampling, global sampling, drilling and excavation, excluding all the work necessary for the exploitation of these deposits and all activities directly associated with an existing extractive operation.
Residues: solid or muddy wastes that continue after treatment of minerals through separation processes (e.g. crushing, crushing, screening, floating and other physico-chemical techniques) to extract minerals from the value of the rock.
Unpolluted land: land extracted from the top layer of the soil during extraction activities and whose characteristics are consistent with the local natural geochemical background.
Processing: a mechanical, physical, biological, thermal process, including calcination of kaolin and silica clays, or a combination of these processes, applied to mining resources, including those from quarrying, intended to extract the mineral, including modification of size, sorting, separation and leaching, as well as the secondary treatment of waste previously scraped
This Order sets out the minimum technical requirements for these facilities, with a view to preventing and limiting pollution, nuisance and risks associated with their operation to the lowest possible level. It also sets out the requirements for accident prevention.
The facility is designed, carried out and operated, taking into account the performance of the best available techniques economically acceptable (MTD) within the meaning of Directive No. 2008/1/EC of 15 January 2008 on integrated pollution prevention and reduction.
The prefect may, if the sensitivity of the environment imposes it and for a particular facility, strengthen by order the provisions of this Order in order to protect the interests mentioned in Article L. 511-1 of the Environmental Code.
These provisions apply without prejudice to other legislation.
Waste management plan.
The operator shall develop the waste management plan for the reduction, processing, recovery and disposal of waste extraction, as defined in this section. The waste management plan is based on the knowledge and characterization of wastes.
Waste characterization:
All wastes are characterised, the contents of which are set out in Appendix I to this Order, to ensure the long-term physical and chemical stability of the facility structure and to prevent accidents. The results of the characterization process are evaluated in accordance with the procedures defined in annex II. If necessary, additional information is collected using the same method. The final outcome is reflected in the waste management plan.
Waste management plan:
The operator shall provide the administration with a waste management plan that includes:
- the sampling procedure that the operator adopts for the characterization of wastes in accordance with Appendix I to this Order;
- the characterization of wastes in accordance with Annex I above, together with the conformity audits described in Annex II;
- an estimate of the total amount of extraction and processing waste that will be stored and produced during the operating period;
- description of the extraction methods and treatment processes that generate these wastes;
- an analysis of solutions, taking into account existing technologies at an economically acceptable cost, for waste management (presentation and justification of the selected sectors);
- an analysis of risks based on the methodology set out in Appendix VII, item 1 of this Order;
- a description of the technical measures (choice of storage modalities on the basis of resistance calculations in particular) and relevant organizational and management measures to reduce the probability and effects of hazardous phenomena (including the effects of leaching waste storage during floods) and to act on their kinetics;
- measures to prevent the deterioration of water quality and those to reduce air and soil pollution during operation and after closure;
a study of the condition of the land that could be damaged by the waste management facility;
– control and monitoring procedures throughout the life of the facility;
- a geological, hydrological and hydrogeological study that validates the choice of location of waste storage areas;
the water balance provided for in Article 24 of this Order;
- the proposed closure plan, including rehabilitation, after-closing monitoring and monitoring procedures.
The waste management plan determines whether the waste management facility poses a major risk and must therefore be classified as Class A within the meaning of Appendix VII to this Order.
The waste management plan justifies any discrepancies with respect to professional repositories of recognized good practices, where they exist or, if not, with respect to recent facilities of comparable nature.
In terms of impact, the operator determines in the management plan the acidifying nature of waste and describes the measures taken to prevent acid drainage, including:
- presence of metal sulphides in residues and/or sterile;
- exposure of sulphides to meteoric waters resulting in oxidation of the latter;
― finding the formation of an acid lixiviat;
– lack of minerals capable of neutralizing acidity.
The management plan is reviewed by the operator every five years and in the case of an amendment to the facilities, their mode of use or operation, and resulting in a substantial change in plan elements. It is transmitted to the Prefect.
Major Accident Prevention Policy and Safety Management System.
Major Accident Prevention Policy:
The operator of a waste management facility classified in Class A in accordance with Appendix VII to this Order defines a policy for the prevention of major accidents. The major accident prevention policy includes the operator's general objectives and principles of action with respect to the control of major accident risks.
The operator defines the means for the application of this policy. The means are proportionate to the risks of major accidents identified in the waste management plan. The operator provides information to the facility staff on the policy for the prevention of major accidents. The operator describes the policy for the prevention of major accidents in a document maintained and annexed to the waste management plan.
Security Management System:
The operator of a waste management facility classified in Class A, as set out in Schedule VII above, shall establish a safety management system for all facilities that may generate major accidents in the facility. The security management system is in accordance with the provisions referred to in annex VI to this decision. The operator assigns appropriate means to the safety management system, commensurate with the risks of the facility. He watches for his proper operation.
The operator shall present a synthesis of the safety management system annexed to the waste management plan and shall make available to the inspection of classified facilities the balance sheet referred to in item 6 of Appendix VI to this Order. Each year, the Prefect shall transmit to the Prefect a synthetic note showing the results of the analysis set out in paragraph 7-3 of the above-mentioned Appendix VI.
The waste management plan for Class A facilities is consistent with, on the one hand, the policy for the prevention of major accidents and, on the other, the safety management system, as provided for in Article 7.
Internal operating plan.
The operator of a waste management facility classified in Category A develops an internal operations plan for emergency management. This plan sets out the organizational measures, methods of intervention and the means that the operator is implementing to protect personnel, populations and the environment. This plan is communicated to emergency services. It is tested regularly and at least once a year. It is annexed to the management plan and updated to each revision of the management plan.
The operator shall arrange its facilities to meet the short and long-term conditions necessary to ensure their stability and prevent pollution of soil, air, groundwater or surface water to ensure an effective collection of leaching and water that may be polluted under the conditions provided by the authorization.
For hazardous waste storage of new facilities and for hazardous waste storage created in existing facilities after the date of publication of this Order, the permeability of the barrier isolating the storage of the basement is less than or equal to 1. 10 –9 m/s. The passive barrier consists of either the natural land in the state, or the natural land remanufactured with a minimum thickness of five metres.
In the event that the passive barrier is reconstituted with manufactured materials, a study must show that the reconstituted barrier will meet permeability and thickness requirements whose combined effect, in terms of soil protection, groundwater and surface water, is at least equivalent to that resulting from the requirements set out in the first paragraph. In any case, the thickness of the reconstituted barrier will be at least fifty centimetres.
The determination of the coefficient of permeability is carried out according to standard methods.
Hazardous liquid waste from the drilling of hydrocarbon mines is collected in watertight retentions to prevent soil pollution according to the provisions of Article 15.
In order to avoid the run-off of the outside waters to the disposal areas of waste extraction on the site itself, an external collection ditch, sized to capture at least the run-offs resulting from a rainy ten-year frequency event, is put in place.
Inland runoff water to waste storage areas, before being released into the natural environment, passes through watertight, sized and appropriately installed storage basins to allow decantation and quality control.
For new facilities and waste storage facilities created in existing facilities after the date of publication of this Order, waste storage areas shall be hydraulically independent and the drainage and collection of leachs shall be carried out. The collection and drainage devices are dimensioned according to the predicted water balance of the facility and permanently and, if possible, gravitaryly direct the lixiviates to a watertight storage basin.
In the event of a technical impossibility of gravel evacuation, the lixiviats arrive in one or more large sized and watertight ducts, from which they are pumped automatically to be rejected then to the storage basin.
The previous technical requirements may be adapted for non-hazardous and non-inert waste storage facilities, if a study with a risk assessment and a geological and hydrogeological component demonstrates that the planned prevention and protection measures provide sufficient guarantees for the environment and health.
The operator shall ensure that the facility is integrated into the land from the beginning of its operation and during the successive phases of operations, as described in the waste management plan and specified in the prefectural authorization order.
Any storage of a liquid capable of creating pollution of water or soil is associated with a retention capacity of at least equal to the largest of the following two values:
100% of the capacity of the largest tank;
50% of the total capacity of the associated tanks.
This provision is not applicable to wastewater treatment basins.
For storage of unit capacity receptacles less than or equal to 250 litres, the retention capacity is at least equal to:
- in the case of flammable liquids, with the exception of lubricants, 50% of the total capacity of drums;
– in other cases, 20% of the total capacity of the drums;
- in all cases 800 litres minimum or equal to the total capacity when it is less than 800 litres.
The retention capacity is waterproof to the products it could contain and resist the physical and chemical action of the fluids. The same applies to its shut-off device which is kept closed. The leakage of the (or) associated tank(s) must be controlled at any time.
Products recovered in the event of an accident may only be released under conditions in accordance with this order or are disposed of as waste.
Containers or containers containing incompatible products are not associated with the same retention.
Storage of flammable liquids and other toxic or dangerous products for the environment is permitted under the soil level only in masonate or assimilated pit tanks, and for flammable liquids, under the conditions set out above.
Prior to the commencement of hazardous waste storage operations, the operator must inform the prefect of the completion of the development work by a technical record that the operator conducts, and that includes an analysis of a third party body of compliance with the conditions set by the authorization order.
Disposal, release and uncontrolled deposit of extraction waste are prohibited. Waste storage areas are operated in such a way as to ensure their stability and in particular to avoid deep slips, wall scrolls, foot erosion, ravishing and degradation of covered streams. The operator monitors the stability of the dams, tarrels and resembles during the operating phase and, more generally, the movements that may be subjected to waste, regularly collecting the following information, based on the hazard study:
- the level of water or mud in the case of retention dikes;
- the quality and volume of percolation water in the case of retention dikes;
― the position of the phreactic table in the case of holding dikes;
• Interstitial pressure;
– the movement of wastes, residues and resembles likely to intervene;
― drainage under the top and geometry of slopes/gradients in the case of terrils, etc.
For hazardous phenomena that may have effects outside the facility, means of monitoring and control, such as measures to monitor the stability and prevent possible deformations of remblais and waste storage, and more generally all measures to control risks, techniques and organisational, prescribed or included in the waste management plan, are effective, tested and maintained in a manner that ensures sustainability.
The frequency of the initial and follow-up measurements is fixed by the prefectural order according to the operating conditions and the variation of the measured parameters. The results are recorded and processed to assess their evolution. Significant thresholds (current monitoring, enhanced monitoring, alert threshold) are clearly indicated in the synthesis of results to allow the triggering of interventions (e.g., triggering the intervention plan). All measurement results are available for inspection of classified facilities.
The operator shall make all necessary arrangements to avoid the emission and spread of dust and gas emissions.
The operator also keeps up to date a record of the quantities and nature of the wastes stored (their danger and descriptive), their origin, if any, and a topographic plan to locate the storage areas corresponding to the data on the register.
Emissions in the water.
Dilution of lixiviates and effluents and their spread is prohibited.
The conditions for the treatment of lixiviats and effluents are fixed by the prefectural authorization order.
Lixiviats, effluents and all waste water can only be discharged in the natural environment if these discharges are consistent with the quantity and quality objectives of the water referred to in Article L. 212-1 of the Environmental Code.
In addition, they respect the values set out in Appendix III to this Order. These limit values for effluent, leach and all wastewater are met for any sample taken proportionally to the flow over twenty-four hours; no instantaneous sampling shall exceed two of these limit values.
The temperature of the effluent and discharged water is less than 30 °C, and its pH is between 5.5 and 8.5, or 5.5 and 9.5 if there is alkaline neutralization. The color modification of the receiver medium, measured in a representative point of the mixing area, does not exceed 100 mg Pt/l.
For receiving water, discharges do not result in a temperature rise of more than 1.5 °C for a maximum temperature of 21.5 °C, or a temperature that cannot exceed the sampling temperature, if the water taken exceeds 21.5 °C and does not alter the pH as it is between 7 and 8.5.
In the case of conchylic receptor waters, the pH change shall be between 7 and 9 and releases do not result in an increase of more than 30% of suspended material and a variation of more than 10% of salinity.
The provisions of the preceding two paragraphs do not apply to the marine waters of the overseas departments.
Where, as a result of contamination and the characteristics of the collected water, the compliance with the thresholds set out in Annex III above is not possible, the authorization order or the supplementary order may set the limit values to higher values, without, however, questioning the quality and quantity objectives of the water referred to in Article L. 212-1 of the Environmental Code.
In the case of a cyanide-containing basin, the operator shall ensure that the concentration in the easily liberated cyanide basin is reduced to a minimum by the best available techniques and that it does not exceed, at the point of discharge of residues in the basin, the values listed in Appendix IV.
Points of discharge and sampling points of effluents, waste water and leach.
The authorization order specifies the environment in which the release is authorized and the conditions of release. Release points in the natural environment are as small as possible. Releases allow good effluent diffusion in the receiving environment and minimize the mixing area. Residual water discharge devices are designed to minimize the disturbance to the receiving environment, at the edge of the discharge point, depending on the use of the water in the immediate vicinity, and at the end of the receiving environment, and not hinder navigation.
When the discharge occurs in a watercourse, it specifies the name of the watercourse, the corresponding water mass and the kilometric point of the discharge.
On each effluent discharge pipe is provided a sample sampling point and measurement points (debit, temperature, polluting concentration...).
These points are located in a section whose characteristics (e.g., upstream conduct, wall quality, flow regime, etc.) allow for representative measurements to be made so that the speed is not substantially slowed down by thresholds or obstacles at the swallow and the effluent is sufficiently homogeneous.
These points are designed to be easily accessible and to allow safe interventions. All arrangements must also be made to facilitate the intervention of organizations outside the request for inspection of classified facilities.
Monitoring program.
The operator shall establish a program to monitor its discharges of effluents and wastewater to demonstrate, through analysis, that it complies with the provisions of section 19, and that the emission limit values set out in this Order allow the non-mixture environment to meet the quality and quantity objectives of the waters referred to in section L. 212-1 of the Environmental Code in the IV environment. This program and the frequency of analysis are detailed in the prefectural authorization order.
These provisions may be extended to releases of other substances or to releases below these thresholds where the nature of the activity or local conditions make it necessary.
In the event that a number of large facilities reject their effluents in the same area, the thresholds to be taken into account will have to take into account all discharges, the measurement point that can then be common and the measures taken for all the facilities involved.
When the discharge occurs directly in a lake, water or wetland, and exceeds one of the fluxes listed in Appendix III, the operator shall establish an environment monitoring plan that is adapted to local conditions.
For releases of substances that are likely to accumulate in the environment, including radioactive substances, the operator carries out or carries out at least once a year samplings and measurements in sediments, aquatic flora and fauna.
The results of these analyses are sent to the inspection of classified facilities, within a maximum period of one month after the collection is completed.
Underground water.
Direct or indirect discharges of effluent to groundwater are prohibited. The operator shall establish a groundwater monitoring program in accordance with the principles set out in Appendix V to this Order. This program is detailed in the prefectural authorization order. In particular, the operator installs around hazardous waste storage areas a quality control network of aquifers that may be polluted by the storage facility.
The results of the measurements are transmitted to the inspection of classified facilities, according to a frequency fixed by the prefectural authorization order and, in any case, at least once a year. In the event that significant degradation of groundwater quality is observed, the operator shall promptly inform the prefect and establish a strengthened action and monitoring plan.
An analysis of the pH and a measure of the resistivity of the waters of the lixiviat collection basins referred to in articles 12 and 13 are minimally carried out before any discharge, in terms defined by the prefectural authorization order.
The operator maintains a record on which it defers the necessary elements to calculate the water balance of the facility. This assessment is calculated at least annually and is integrated into the waste management plan. Its follow-up must contribute to the management of potential pollutant fluxes from the facility and revise, if necessary, the development of waste disposal areas.
The operator of a facility is required to report to the prefect as soon as possible the accidents or incidents that occurred as a result of the operation of the facility that are likely to affect the interests referred to in section L. 511-1 of the Environmental Code, including after the end of the operation.
Final cover.
For hazardous waste storage areas no longer receiving waste, a final cover is put in place to limit water infiltration or run-off into the storage facility. This final cover is put in place no later than eight months after a storage is permanently used according to the waste management plan. In the expectation of its implementation, a temporary cover is installed.
The final cover has a multilayer structure and includes at least from the top down:
– a layer of at least thirty centimeters of planted arable soil thickness, allowing the development of a vegetation that promotes maximum evapotranspiration;
- a draining level of a minimum thickness of 0.5 m and a permeability coefficient at least below 1. 10 –7 meters per second, but which must be determined (according to the geometry of the cover and the choice of materials) to limit to the maximum the water inputs in the storage.
At the end of the operating period, all unnecessarily necessary arrangements for the maintenance of the facility's coverage, its monitoring and operation, including overflow channels and spills, are dismantled and the area of their rehabilitation.
The extraction waste used for the removal of excavation holes for rehabilitation and construction shall not adversely affect the quality of the soil, given the local geochemical context, and shall not be able to degrade surface water and groundwater or to interfere with the proper flow of water. The operator investigates and monitors the physical stability of these deposits and monitors the impact of these wastes on the environment.
At least six months before the end of the operating period established by the Prefectural Order, the operator shall address to the Prefect a file comprising the up-to-date plan of the facility's right-of-way lands, as well as a memorandum defined in section R. 512-76 of the Environmental Code on the state of the facilities based on the elements of the updated waste management plan.
This document, in particular, recalls the expected initial stability conditions (dimensional and vis-à-vis the risks of rupture, deep slides, wall collapses, erosion by foot sap, ravishing and degradation of the covered streams), provides the monitoring of the parameters of appreciation of the evolution of the storage stability as well as the measures taken to ensure that the high security of the storage in the post-season phase
The provisions of this Order shall apply, from the date of publication in the Official Gazette, to new facilities and to existing facilities subject to a substantial amendment within the meaning of section R. 512-33 of the Environmental Code.
The provisions of this Order shall apply to existing facilities in accordance with the following schedule and procedure:
| Effective the date of publication of this Order in the Official Gazette | Articles 1, 2, 3, 4, 11, 13, 15, and 25 to 28 | Articles 1, 2, 3, 4, 15, 19 to 23, and 25 to 28 |
| Effective May 1, 2011 | Articles 5, 6, 7, 8, 9, 12, 14 and 18 | |
| Effective 1 May 2012 | Articles 10, 17, and 19 to 24 | |
The Director General of Risk Prevention is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E S
A N N E X E I
FEATURES
The characterization of the waste includes, as appropriate and according to the category of the facility concerned, the following:
the nature of the waste and information on the geological context of the deposit concerned;
a description of the short- and long-term physical and chemical characteristics of stored waste, with a particular reference to their stability in atmospheric/meteorological conditions on the surface, taking into account the type of mineral or extracted minerals and the nature of any mort-terrain and/or gangue mineral that will be moved during extraction operations;
- geotechnical behaviour of wastes;
- the geochemical characteristics and behavior of waste;
- the classification of wastes as defined in Annex II to Article R. 541-8 of the Environmental Code;
- description of the chemical substances used during the treatment of the mineral resource and its stability;
- description of the storage method and the intended treatments;
- the waste transportation system used (if applicable).
The quality and representativeness of all such information is assessed and any missing information is identified.
Where there is a lack of information required for the characterization of waste, a sampling plan is established in accordance with EN 14899 and samples are collected in accordance with this plan. Sampling plans are based on information deemed necessary, including:
(a) The purpose of data collection;
(b) The testing program and sampling requirements; sampling situations, including sampling of samples at drilling carrots, excavation front, conveyor belt, terril, basin, or any other relevant situation;
(d) Procedures and recommendations related to the number, size, mass, description and handling of samples.
The reliability and quality of the sampling results are assessed.
When, on the basis of the criteria of Article 3 of this Order, waste is considered "inert" they are subject only to the relevant geochemical tests.
A N N E X E I
VÉRIFICATION DE LA CONFORMITY
Compliance verification is intended to determine whether the waste is consistent with the results of characterization.
A compliance verification is to be completed no later than one year later and renewed once a year. If the waste undergoes stabilization treatment, the compliance verification is performed on the stabilized waste and is renewed after each formulation change.
The parameters determined as critical during characterization must in particular be tested. These tests include at least one leach test. For this purpose, standardized methods are used.
Tests and analyses of compliance verification are conducted under the responsibility of the waste storage facility operator on the storage site or on the treatment facility site.
The results of the tests are retained by the operator of the waste management facility and maintained at the disposal of the inspection of classified facilities for a period of three years after completion.
A N N E X E I I
LIMITED VALUES FOR LIQUID EFFLUENT REJETS IN NATURAL MILIEU
You can consult the table in the
JOn° 180 of 06/08/2010 text number 6
A N N E X E I V
VALUES LIMITES IN CYANURE
For existing facilities authorized before May 1, 2008 (including closed):
| From the date of publication of this Order to the OJ | 50 ppm (mg/kg) |
| Effective May 1, 2013 | 25 ppm (mg/kg) |
| Effective May 1, 2018 | 10 ppm (mg/kg) |
A N N E X E V
SURVEILLANCE DES EAUX SOUTERRAINES
Waste storage facilities must comply with the following provisions, unless the prefect, on the basis of a study on the hydrogeological context of the facilities and the risks of soil pollution and after the advice of the departmental environmental and health and technology risk council, acknowledges the lack of such monitoring:
1° At least three wells, one located upstream and two downstream of the facilities; the definition of the number of wells and their location is made especially from the conclusions of a hydrogeological study;
2° At least twice a year, in periods of high and low water, the piezometric level is raised and sampling is carried out in the table. This measure should be used to determine the direction of flow of groundwater, which must be done on leveled points. The sampling frequency is determined on the basis of the study referred to in point 1 above, i.e., it must be based on the possibilities of intervention between two sample samplings in case the analysis reveals a significant change in water quality. This means that the frequency must be determined on the basis of the knowledge or assessment of the flow speed of groundwater;
3° The collected water is subject to measures of the relevant substances that may characterize a possible pollution of the table given the current or past activity of the facility. The results of measurements are recorded in control tables with the elements required for their assessment (water level, parameters followed, baseline analysis...) and are transmitted to the inspection of classified facilities. Any anomaly is reported to him as soon as possible.
If these results show groundwater pollution, the operator determines by all means useful if its activities originate or not from the pollution found. He shall inform the prefect of the outcome of his investigations and, where appropriate, of the measures taken or envisaged.
A N N E X E V I
SECURITY MANAGEMENT SYSTEM (SMS)
The security management system is part of the overall facility management system. It defines the organization, responsibilities, functions of personnel, practices, procedures, processes and resources to determine and implement the policy for the prevention of major accidents. The safety management system specifies, by specific provisions, the following situations or aspects of the activity:
1. Organization and staff
The functions, roles and responsibilities of personnel involved in the prevention and treatment of major accidents at all levels of the organization are described. Training needs for personnel involved in the management of major accidents are identified. The organization of the training as well as the definition and adequacy of the content of this training are explicit.
Staff outside the facility, but likely to be involved in the prevention and treatment of a major accident, is identified and associated with the training. The interface terms with this staff are explicit.
2. Identification and evaluation
risk of major accidents
Procedures are adopted and implemented to allow a systematic identification of major accident risks that may occur in any operating configuration of the facilities, i.e. in normal or abnormal operation (degraded, stopping, in the event of an accident, etc.). These procedures must assess the likelihood of occurrence and assess the severity of identified accidents.
3. Process control, operating control
Procedures and instructions are adopted and implemented to enable the control of processes and operation of facilities under optimal safety conditions. The shutdown and start-up phases of the facilities, as well as maintenance and maintenance operations, even subcontracted, are subject to such procedures.
4. Change management
Procedures are adopted and implemented for planning changes to new waste management facilities or for their design.
5. Emergency planning
Consistent with the procedures of item 2 (identification and risk assessment of major accidents) and item 3 (mechanization of processes and operational control), procedures are adopted and implemented to identify foreseeable emergencies through a systematic analysis and then develop, experiment and re-examine the procedures for response to such emergencies.
Their articulation with the intervention plan provided for in Article 9 of this Order is explicit.
These procedures are:
- a specific training provided to all staff involved in the establishment, including staff from outside companies who are called to intervene at the time in the establishment;
– regular experimental implementation and, if necessary, development.
6. Management of feedback
Procedures are being implemented to detect and report accidents and accidents that have been avoided in a fair manner, including failures to prevent and protect, to organize the necessary investigations and analyses, to address the deficiencies identified and to monitor corrective actions. Regular assessments are made.
7. Performance monitoring (system control
security management, audits and management reviews)
7.1. Monitoring of the security management system
Provisions are adopted and implemented to:
– a permanent assessment of the operator's compliance with its major accident prevention policy and safety management system;
― and the establishment of investigative and correction mechanisms for non-compliance.
These procedures include the experience return management system.
7.2. Audits
Procedures are implemented to periodically and systematically assess:
∙ compliance with the objectives set out in the policy for the prevention of major accidents;
– the effectiveness of the safety management system and its adequacy to the prevention of major accidents.
7.3. Management reviews
Management shall, in particular on the basis of items 6, 7.1 and 7.2, conduct a regular, documented and updated analysis of the results of the implementation of the policy on the prevention of major accidents and the performance of the safety management system.
A N N E X E V I
DEFINITION OF CATEGORY A
1. Definition of category A
A waste management facility is classified as Class A, within the meaning of this Order, if the short- or long-term effects of a failure due to structural integrity loss or failures to operate or operate a waste management facility may result in:
(a) Serious consequences on physical persons;
(b) Serious damage to human health and the environment.
The complete life cycle of the facility, including the after-closing monitoring phase of storage facilities, is taken into account in the risk assessment of the facility.
The "structural integrity" of a waste management facility means the ability of this facility to contain waste within its limits in accordance with the terms provided for in its design. The structural integrity loss covers all failure mechanisms that may affect the structure of the waste management facility. The assessment of the consequences of structural integrity loss includes the immediate impact of any transport of material outside the facility as a result of the failure and the resulting effects in the short and long term.
"operational or operational failures" of the waste management facility means operating or operating modes that may result in a major accident, including the malfunction of environmental prevention or protection measures, and a faulty or insufficient design of the facility.
The classification in category A has three criteria:
– the level of risk of loss of integrity of storage facilities;
– the quantity of hazardous wastes in storage;
- the quantity of hazardous substances and preparations in the tailings basins.
2. Risk analysis
The operator of a waste storage facility conducts a risk analysis of waste storage facilities to:
– on the one hand, to identify all risks and severity of consequences associated with potential failures of its installation;
―on the other hand, to determine whether the waste management facility falls under category A with respect to Schedule III, first draw, of Directive 2006/21/EC. As such, risk analysis should particularly take into account the risks of collapse of storage or the rupture of a dam, a mining dam, which could lead to a major accident.
Among the external initiators to take into account in the failure analysis is the occurrence of exceptional rain events.
The assessment of the effects of pollutant releases resulting from operating or operating failures relates to the effects of short-term (pulse) and long-term releases of pollutants. This evaluation covers the operating phase of the facility and, over the long term, the period following the closure. It includes an assessment of the hazards that may be posed by "reactive" waste facilities, whether these wastes are classified as hazardous or non-hazardous according to section R. 541-8 of the Environmental Code.
3. Evaluation of the Risk of Integrity Loss
storage facilities
3.1. Evaluation of integrity loss risks
Residual Basins
In the event of a loss of structural integrity of the tailings basins, human lives are considered to be threatened when the water or sludge levels are at least 70 centimetres above the ground or when the water or sludge speed exceeds 50 centimetres/second.
The assessment of the risk of loss of life and the danger to human health takes into account at least the following factors:
(a) The size and characteristics of the installation, including its design;
(b) The quantity and nature of waste processed in the facility, including its physical and chemical properties;
(c) The topography of the installation site, including the sealing elements;
(d) The time needed for a potential flood to reach areas where people are located;
(e) The speed of propagation of the flood wave;
(f) The level for water or mud;
(g) The speed of elevation of this level of water or mud;
(h) Any relevant site-specific factors that may affect the risk of loss of human life or the danger to human health.
3.2. Impact assessment
and waste storage
In the case of waste storage slips, it is considered that any mass of moving waste is likely to threaten human lives if people are present in the area potentially affected by this mass of moving waste.
The assessment of the risk of loss of life and the danger to human health takes into account at least the following factors:
(a) The size and characteristics of the installation, including its design;
(b) The quantity and nature of waste processed in the facility, including its physical and chemical properties;
(c) The tilt angle of the storage slope;
(d) Water accumulation capacity within storage;
(e) The stability of the basement;
(f) The topography;
(g) The proximity of rivers, constructions, buildings;
(h) Mining work;
(i) Any other site-specific factors that could significantly contribute to the structure risk.
3.3. Analysis of the consequences of loss of integrity
storage facilities
The consequences of loss of integrity of storage facilities are assessed as follows:
3.3.1. Risk of loss of human lives
The risk of loss of human life or danger to human health is considered negligible or unimportant if people who are likely to be affected, other than personnel working in the facility, are not expected to be present permanently or for long periods in the area of irreversible effects. Injuries that cause a disability or a poor health condition for a prolonged period of time are considered serious dangers to human health.
3.3.2. Potential hazard to the environment
The potential danger to the environment is considered unimportant if:
(a) The intensity of the potential source of contamination decreases significantly in a short period of time;
(b) Failure does not result in permanent or lasting environmental damage;
(c) Environmental degradation can be restored through limited sanitation and restoration measures.
3.3.3. Method of determining gravity
consequences
When determining the risk of loss of human life and the danger to human health or the environment, specific assessments of the magnitude of potential effects are carried out in the context of the chain: a receptor transfer channel. Where there is no transfer route between the source and the receiving environment, the facility concerned is not classified as Class A on the basis of the consequences of a failure due to structural integrity loss or a failed operation or operation.
4. The quantity of hazardous waste
present in storage
To classify the installation in category A according to this second criterion, it is necessary to calculate the ratio, based on the dry weight, between:
(a) All hazardous classified wastes within the meaning of section R. 541-8 of the Environmental Code, which may be in the facility at the end of the intended operating period; and
(b) Wastes that may be in the facility at the end of the planned operating period.
When the calculated report:
- exceeds 50%, the installation is classified in category A;
― is comprised of between 5% and 50%, the facility is classified as Class A, except where a risk assessment of hazardous wastes on the site demonstrates a lack of health and environmental risks associated with these waste storages;
― is less than 5%, the facility is not classified as Class A based on the hazardous waste it contains.
5. The quantity of substances and preparations
Hazardous Residue Basins
For new facility tailings basins or new basins in existing facilities, facilities are classified as A according to the following method:
(a) An inventory of substances and preparations that are used during the treatment and which are then rejected with the muds in the tailings basin is prepared by the operator;
(b) For each substance and preparation and for each year of the intended operating period, the operator shall make an estimate of the annual quantities used during the treatment;
(c) For each substance and preparation, determine whether it is dangerous within the meaning of current European legislation;
(d) For each year of the planned operating period, the operator calculates the annual increase, under stable conditions, of the amount of water stored Qi in the tailings basin according to the formula indicated:
Qi = (Mi/D)*P
where:
Qi = annual increase in the amount of water stored in the tailings basin (m3/year) during year i
Mi = annual mass of residues released in the basin during year i (tonnes by dry/year)
D = average apparent dry density of deposited residues (tonnes/m3)
P = average porosity of sedimentated residues (m3/m3) defined as the ratio between empty volume and total volume of sedimented residues
In the absence of accurate data, default values will be used: 1.4 tonne/m3 for apparent dry density and 0.5 m3/m3 for porosity.
(e) For each hazardous substance or preparation listed in accordance with point c, the operator shall estimate the maximum annual concentration (C Max) in aqueous phase according to the following formula:
C Max = the maximum of the following value: Si/ Qi, where:
If = annual mass of each of the substances and preparations listed and released in the basin during year i.
If, based on the estimation of maximum annual concentrations (C Max), the aqueous phase is considered "safe" within the meaning of the current European legislation, the installation is classified as Category A.
For existing tailings basins in operation, the classification of the facility is based on the previously defined method or on a direct chemical analysis of water and solids in the basins. If the aqueous phase and the elements it contains must be considered a dangerous preparation within the meaning of the current European legislation, the installation is classified as Class A.
In the case of tasty leaching facilities, where metals are extracted from mineral piles by percolation of leaching solutions, the operator searches, during the operating phase and the closing phase, the presence of hazardous substances based on an inventory of chemical substances used for leaching and on the residual concentrations of these products in the drainage water after washing. If these leachs are to be considered hazardous preparations within the meaning of the current European legislation, the installation is classified as category A.
Done in Paris, April 19, 2010.
For the Minister and by delegation:
Director General
risk prevention,
L. Michel
