Key Benefits:
Public concerned: mine operators of category M (mines of substances other than liquid or gaseous hydrocarbons).
Subject: technical requirements applicable to M category mines
Entry into force: immediate for facilities authorized after this Order. Effective June 30, 2011 for mines whose permission to open works has been issued prior to the publication of this decree.
Notice: This decree sets out the minimum technical requirements to be met by the extractive industries in order to limit the environmental impact of their wastes and to meet the requirements of Directive 2006-21 of 15 March 2006 on waste management of the extractive industry.
References: the texts amended by this decree can be consulted, in their drafting, on the Legifrance website (http://www.legifrance.gouv.fr)
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations,
Considering Directive No. 2006/21/EC of the European Parliament and the Council of 15 March 2006 on waste management of the extractive industry and amending Directive 2004/35/EC;
Considering the Commission's decision of 20 April 2009 on the definition of classification criteria for 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 the Commission's decision 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 Council on waste management of the extractive industry;
Vu le Mining codeincluding articles 79 and 85;
Considering the environmental code;
Vu le Decree No. 80-331 of 7 May 1980 amended by regulation of extractive industries;
Vu le Decree No. 2001-204 of 6 March 2001 relating to mining authorizations in overseas departments;
Vu le Decree No. 2006-648 of 2 June 2006 relating to mining titles and underground storage securities;
Vu le Decree No. 2006-649 of 2 June 2006 relating to mining, underground storage and underground mines and storage,
Decrete:
This Order is applicable, with the exception of liquid or gaseous hydrocarbon mines and those at sea, to the exploitation of mines referred to in theArticle 2 of the mining codeincluding inert and unpolluted waste storage facilities resulting from the operation of the mine, including exploration, extraction and storage activities, as well as treatment facilities.
Constitutes a storage facility within the meaning of this Order a place chosen to deposit solid or liquid waste, in solution or in suspension, for a period of more than three years, provided that this place is equipped with a dam, holding structure, containment or any other useful structure. Such a facility is considered to be terrils, verses and basins.
Constitutes inert wastes and unpolluted land within the meaning of this decree, discovery lands, sterile wastes and inert residues derived from the processing of materials extracted from mines meeting the criteria set out in Annex 1.
Inert wastes and unpolluted land, when relocated into excavation holes for the purpose of remediation or for the purpose of construction and maintenance of works such as runways, roads or merlon related to the mineral extraction process are not subject to the provisions of this Order.
The operator, however, ensures, during the mine operation, that inert wastes and unpolluted land used for the removal and remediation of the mine or for the construction and maintenance of works related to the mineral extraction process are not able to degrade surface water and groundwater and ensure that the stability of these deposits is maintained.
When necessary, the opening-of-work authorization order provides for the establishment of a monitoring network of soil quality, water and the frequency of measures to be taken.
Inert and unpolluted waste storage facilities are built, managed and maintained to ensure their physical stability and prevent pollution.
The operator of an inert and non-polluted waste storage facility monitors the quantities and characteristics of the stored materials and establishes a topographical plan to locate the corresponding temporary storage areas.
It must ensure that inert waste and non-polluted land storage facilities do not cause damage to water quality and, if the impact assessment or impact notice shows the need, treatment and recycling of runoff water in these facilities.
The opening of work authorization order provides, where applicable, the establishment of a soil, water quality monitoring network and the frequency of actions to be taken.
If the impact assessment or impact notice demonstrates the need, the work opening clearance order may provide that the operator shall:
- maintaining the hydraulic independence of infiltration water recovery networks in storage areas and separative effluent management;
- the recovery and treatment of lixiviats;
― at runoff water and leachwater analyses, setting parameters and substances to be analyzed and the frequency of analysis.
The operator of an inert waste and unpolluted land storage facility shall make all necessary arrangements to avoid the emission and spread of dust and pollutants into the air.
The operator of an inert waste and unpolluted land storage facility that is hazardous to the risk of loss of integrity as defined in Appendix 2 to this Order is subject to the following obligations.
1° The operator is implementing a hazardous waste management policy with respect to the risk of loss of integrity of storage facilities as defined in Appendix 2 to this Order. As such, he:
- defines a policy for the prevention of major accidents, which includes the general objectives and principles of action for the control of the risks of major accidents;
- defines the means necessary to implement this policy, which must be proportionate to the risks of major accidents identified in the waste management plan;
― ensures information from institutional staff on the policy of prevention of major accidents;
∙ develop a document maintained and annexed to the waste management plan describing its policy of prevention of major accidents.
2° The operator shall establish in the mining establishment a safety management system in accordance with the provisions of Appendix 3 to this Order applicable to all mining facilities that may result in major accidents.
It ensures the proper operation of the security management system to which it affects appropriate and proportionate facilities.
It presents a synthesis of the safety management system in the annex to the waste management plan and makes available to the mine inspector the balance sheet referred to in item 6 of Schedule 3 to this Order. Each year, he transmits to the prefect a synthetic note showing the results of the analysis set out in paragraph 7-3 of Appendix 3 to this Order.
3° The operator develops an emergency management response plan. 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 plan.
The operator of an inert waste and unpolluted land storage facility must establish an inert waste management plan and unpolluted land resulting from the operation of the mine. This plan is established before the operation begins.
The management plan contains at least the following:
― the characterization of waste and an estimate of the total amount of extraction waste that will be stored during the operating period;
- description of the exploitation that generates these wastes and subsequent treatments to which they are subjected;
- as appropriate, the description of how waste disposal can affect the environment and human health, as well as the preventive measures to minimize environmental impacts;
― the description of the disposal or recovery of these wastes;
the proposed plan for the rehabilitation of the waste storage facility;
– control and monitoring procedures throughout the life of the facility;
- as necessary, measures to prevent the deterioration of water quality and to prevent or minimize pollution of air and soil;
- a study of the state of the land of the storage area likely to suffer damage from the waste storage facility;
- if applicable, the elements of the hazard study that prevents the risk of major accidents in accordance with the provisions of Article 4 of this Order.
The waste management plan is developed in line with the Major Accident Prevention Policy and the Safety Management System. It is updated every five years, as well as in the event of substantial changes in the operation or waste deposited. Any modification must be notified to the prefect.
The provisions of this Order shall apply to mines subject to an authorization to open work after the date of publication of this Order. They are applicable as of June 30, 2011 to mines whose permission to open works has been issued prior to the publication of this decree.
The department prefect may, when granting leave to open work or prescribed police measures and in response to a request from the mine operator, provide for exemptions from the requirements established by this decree for inert or unpolluted waste storage facilities. In this case, it imposes alternative requirements to ensure a level of interest preservation referred to in theArticle 79 of the mining code at least equivalent to the compliance with the requirements of this Decree.
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, and the Secretary of State for Ecology are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
A N N E X E 1
Non-polluted land
A land is considered unpolluted as long as its characteristics are consistent with the local natural geochemical background.
Inert waste:
1. These wastes are considered inert wastes, within the meaning of this decree, which meet, in the short term and in the long term, the following criteria:
― wastes are not likely to undergo any significant disintegration or dissolution, or any other significant change, such as to cause adverse effects on the environment or human health;
- 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 by a static test prEN 15875, is greater than 3;
– wastes are not at risk of self-combustion and are not flammable;
– the content of waste, including that of isolated fine particles, 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 to make the risk negligible for human health and the environment, both in the short and long term. In this regard, it is considered to be sufficiently low to ensure that the risk is negligible for human health and the environment the content not exceeding the national thresholds for sites considered to be unpolluted, or the relevant national natural background levels;
– waste is practically free from products, used for extraction or treatment, that are likely to harm the environment or human health.
2. Wastes may be considered inert without specific testing as long as it can be demonstrated to the competent authority, on the basis of existing information or validated procedures or diagrams, that the criteria defined in 1 have been taken into account satisfactorily and that they are met.
A N N E X E 2
Definition of inert and land waste facilities
unpolluted likely to cause a major accident
A waste management facility is considered to cause major accidents, 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 serious consequences on natural persons or 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.
1. 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 under Schedule III, the first dash, Directive 2006/21/EC of the European Parliament and Council of 15 March 2006 on waste management of the extractive industry. In this capacity, risk analysis must particularly consider the potential for the collapse of storage or the rupture of a dam, a mining dam, which may result in 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.
2. Evaluation of the risk of loss of integrity of storage facilities:
2.1. Assessment of the risk of loss of integrity of tailings 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 0.7 metres above the ground or when the water or sludge speed exceeds 0.5 m/s.
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.
2.2. Assessment of the risk of landslide or 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. Analysis of the consequences of loss of integrity of storage facilities:
The consequences of loss of integrity of storage facilities are assessed as follows:
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.
3.2. Potential danger 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. Method of determining the severity of the 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.
A N N E X E 3
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 risk assessment 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 2 of this Decree 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 the return of experience.
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 (security management system controls, audits and management reviews):
7.1. Monitoring 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.
Done in Paris, November 12, 2010.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
Secretary of State
responsible for ecology,
Chantal Jouanno
