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Decision of 19 May 2008, aiming at partial implementation of the Directive 2006 /21/EC of the European Parliament and of the Council of the European Union of 15 March 2006 on the management of waste from the extractive industries and amending Directive No 3/3 of the European Parliament and of the Council 2004 /35/EC (PbEU L 102) (Decision on the management of mining waste)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister for Housing, Spatial Planning and the Environment of 17 March 2008, No DJZ2008026208, Legal Affairs Directorate, Law Department, done in accordance with Our Minister of Internal Affairs and Kingdom Relations;
Having regard to Directive No 2006 /21/EC of the European Parliament and the Council of the European Union of 15 March 2006 (PbEU L 102) on the management of waste from the extractive industries and amending Directive No 2004 /35/EC , the Articles 8.45 , 8.48, third member , and 17.5 (a), second member, of the Environment Law , Article 24 of the Environmental Hazardous Substances Act , the Articles 4a, 1st paragraph , 10a, third member , and 10b, 4th Member, of the Disaster and Severe Accidents Act and the Articles 2a, 1st paragraph , and 2d, first paragraph, of the Law on pollution of surface waters ;
The Council of State heard (opinion of 25 April 2008, No W08.08.0099/IV);
Having regard to the further report by Our Minister for Housing, Spatial Planning and the Environment of 13 May 2008, No BJZ2008044787, Directorate of Administrative and Legal Affairs, Department of Legislation, released in accordance with Our Minister of the Interior and Kingdom Relations;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
Treatment: biological, chemical, physical, mechanical or thermal processes, or a combination thereof, carried out on minerals with the aim of extracting the mineral, excluding the melting and the execution of thermal production processes or metallurgical processes in minerals;
Disposal of waste characterisation: Decision No 2009 /360/EC of the Commission of the European Communities of 30 April 2009 supplementing the technical requirements for waste characterisation as laid down in Directive 2006 /21/EC of the European Parliament and of the Council concerning the waste management of extractive industries (PbEU L 110);
Allocation of waste equipment classification: Decision No 2009 /337/EC of the Commission of the European Communities of 20 April 2009 setting out the criteria for the classification of waste facilities in accordance with Annex III to Directive 2006 /21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries (PbEU L 102);
Disposal of inert waste: Decision No 2009 /359/EC of the Commission of the European Communities of 30 April 2009 supplementing the definition of inert waste in implementation of Article 22 (1) (f) of Directive 2006 /21/EC of the European Parliament and of the Council concerning the waste management of extractive industries (PbEU L 110);
dangerous substance: at or under the agreement Packaging and labelling of environmentally hazardous substances and preparations in a category as intended in Article 9.2.3.1, second paragraph, of the Act Compound substance or preparation;
inert waste: non-combustible wastes which do not undergo significant physical, chemical or biological changes which meet the criteria referred to in Article 1, first and second paragraph, of the Inert Waste Decision, or which have been designated as such in Our Minister's arrangement;
Mineral: a naturally occurring deposit in the earth's crust of an organic or inorganic substance other than water;
Percollate: liquid coming from or having been in contact with the paid-up waste;
rehabilitation: recovery in the original condition or potential for use of the landscape, soil, protected species, natural habitats or freshwater systems, which has had a negative impact on a waste facility;
Directive 2006 /11/EC: Directive No 2006 /11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (PbEU L 64);
permit: Environment authorisation for an establishment or authorisation as specified in Section 6.2 of the Water Act ;
Law: Environmental Environment Act ;
Major accident: event as intended Article 1, first paragraph, of the Decision of the Risk of Serious Accidents 2015 .
This Decision shall be based on the Articles 6.6 and 6.20, Second paragraph, of the Water Law .
1 This Decision shall not apply to:
a. the injection of water and the re-injection of pumped groundwater as referred to in Article 11 (3) (j), first and second indent, of the Water Framework Directive, provided that it is permitted under that Article;
b. The landfill of non-hazardous non-inert extractive waste materials, unless the categories of extractive waste are to be disposed of in a category A waste facility.
2 Unless the storage takes place in a waste facility category A or in a waste facility for waste characterised as hazardous waste in the waste management plan, this decision and the Titles 8.3 and 17.1A of the Act Not applicable for the storage of:
a. Non-hazardous, non-inert extractive waste, for a period of one year;
b. Non-hazardous waste arising from prospecting for a period of three years;
c. Non-contaminated soil;
d. waste from the extraction, treatment and storage of peat;
Inert extractive waste.
3 This Decision is with the exception of: Chapter I, Section 5 , not applicable to excavated excavated areas resulting from above ground or underground extraction, in which mining waste is disposed of for the purpose of rehabilitation or construction.
1 The extraction waste management plan shall contain data relating to the prevention or reduction to a minimum, treatment, recovery and disposal of extractive waste, taking into account the principle of sustainable development.
2 The extraction waste management plan is intended to:
a. The generation of waste, and its harmfulness as far as possible, or to be limited, by giving attention to:
1 °. waste management in the design phase and in the choice of method used for mineral extraction and treatment;
2 °. the changes that the extractive waste may undergo in relation to an increase in the surface area and exposure to surface conditions;
3 °. redeployment of extractive waste into excavated premises after mineral extraction, in so far as this is technically and economically feasible and environmentally sound, in accordance with current environmental standards and, where applicable, in accordance with the requirements of this Decision;
4 °. the reapplication of the upper ground layer after the closure of the waste facility or, if it is not practicable, re-use or recycling of the top ground layer elsewhere;
5 °. the use of less dangerous substances for the treatment of minerals;
(b) promote the recovery of extractive waste by recycling, preparation of reuse or recovery of such waste, where it is environmentally responsible in accordance with current environmental standards and the relevant environmental standards; rules of this Decision;
c. to ensure the safe storage of the waste in the short and long term, in particular by considering, at the design stage, the management during the business exercise and the phase after the closure of a waste facility; and by choosing a design:
1 °. for which there is little and, if possible, no monitoring, control and management of the closed waste facility, if possible;
2. which prevents or, at least as far as possible, limits the negative effects on the environment; and
3 °, which ensures the long-term geotechnical stability of dams or hope that elevates above the previously existing soil surface.
3 The mining waste management plan provides sufficient information to enable the competent authority to assess the extent to which the person driving the waste facility will be able to achieve the objectives set out in the second paragraph of the plan, and its obligations arising from this Decision. The plan shall state in particular how, through the chosen alternative and the method chosen for the extraction and treatment of minerals, the objectives referred to in paragraph 2 (a) shall be achieved.
4 The extraction waste management plan shall contain at least:
(a) a characterisation of the extractive waste in accordance with Annex II to the Extractive Waste Management Directive, Articles 1 and 2 of the Waste Characterisation Decision, and Article 2 of the Inert Waste Decision and a Declaration of the Wastes estimated total amount of extractive waste that will be produced during the course of the course of the business;
a description of the activities of this waste, and any subsequent treatment that the waste will undergo;
c. a description of the way in which the environment and human health may be adversely affected by the dumping of these wastes and the preventive measures to be taken to deal with the effects on the environment. limit as far as possible during operation and after closure, including those parts referred to in the Article 4.10, second paragraph, parts a, b, d and e of the provisions on environmental law ;
d. The proposed control and monitoring procedures under Article 4.10 (c) of the Environmental Law Part C and where applicable, Article 12 , in connection to Article 8.49 of the Act ;
e. the proposed plan for closure, including rehabilitation, post closure maintenance procedures and monitoring in accordance with Article 8.49 of the Act ;
f. measures to prevent the deterioration of water quality, in accordance with the Water Framework Directive and to prevent soil and air pollution from Article 10 to prevent or to reduce as much as possible;
g. an overview of the existing state of the environment which will be affected by the waste facility.
5 Where the extractive waste management plan relates to a category A waste facility, this plan shall also contain a document showing, to the satisfaction of the competent authority, that of the person driving the waste facility:
a. Heavy-accident prevention policy in accordance with Part 1 of Annex I to the Extractive Waste Management Directive has been established;
(b) a safety management system has been introduced in accordance with Part 1 of Annex I to the Extractive Waste Management Directive; and
c. An internal emergency plan has been introduced.
6 The purpose of the internal emergency plan referred to in point (c) of paragraph 5 shall be to:
(a) to limit and control major accidents and other occurrences in order to minimise their effects, in particular the reduction of damage to human health and the environment;
(b) to implement measures necessary to protect human health and the environment from the effects of major accidents and other occurrences;
provide the necessary information to the public concerned, to the competent authority and to the relevant departments;
d. To take care of the rehabilitation after a major accident.
1 The competent authority shall undertake to comply with the licence rules, taking into account the obligation to:
a. that the extractive waste management plan shall be modified in the event of major changes in the operation of the waste facility or in the waste deposited;
b. that the extraction waste management plan is reviewed every five years;
c. that an amendment or revision of the Extractive Waste Management Plan shall be notified to the competent authority.
2 In paragraph 1 (a), a major change shall be understood as: a change in the structure or operation of a waste facility which, in the judgment of the competent authority, may have significant negative effects on the human health or the environment.
1 In a licence, the competent authority shall indicate whether a waste facility is classified in category A according to the criteria referred to in Annex III to the Management Waste Directive, and in accordance with the criteria set out in the Articles 1 to 9 of the waste facilities classification decision.
2 Where the person driving the waste facility considers that such waste is not to be classified in category A, he shall submit to the application:
a. Data or descriptions such that this classification is demonstrated to the satisfaction of the competent authority;
b. An identification of potential hazards in the event of an accident.
The competent authority shall attach to the licence provisions relating to the competence of the person driving the waste facility and to the technical development and training of the persons employed in the waste facility.
1 The competent authority shall undertake to comply with the licence rules, taking into account the obligation to:
(a) the design or construction of the waste facility in accordance with the design presented and approved by the competent authority;
(b) that after the supply of the waste facility and before its entry into force, the competent authority shall be subject to the presentation of a declaration of delivery, which shall include in each case:
1 °. the manner in which the management of construction or construction has taken place;
2 °. the deviations from the contract specifications and the revisions relating to those derogations;
3 °. a check carried out by an expert with demonstrable expertise on the soundness and physical stability of the supplied waste facility and compliance with the requirements of the licence.
2 The first paragraph shall apply mutatis mutandis in the event of a change in the waste facility.
1 The competent authority shall undertake to comply with the licence rules, taking into account the obligation to:
a. that the waste facility is managed and maintained in such a way that the physical stability is assured and contamination or contamination of soil, air, surface water bodies or groundwater and damage to the landscape is as far as possible prevent, or limit as much as possible, to the extent that they cannot be prevented;
b. that contaminated water or percolate is collected, collected and purified or disposed of in such a way that there is no risk of contamination of soil or groundwater;
c. to counteract erosion by water or wind, as far as technically possible and economically feasible;
d. up to periodic monitoring and inspection of the waste facility by persons working within the establishment, who have the necessary vocational skills to ensure that the provision complies with the requirements of the the licence is connected;
e. to take measures if the results of such monitoring and the inspection indicate instability or contamination of the water or soil.
2 The competent authority also commits to the licence the requirement that the data of the monitoring and inspections, together with the permit documentation, are retained to ensure the appropriate transmission of information. in the case of a permit to apply to a licence holder other than the holder of the authorisation.
1 The competent authority shall undertake to comply with the licence rules, taking into account the obligation of the person driving the waste facility to send a report to the competent authority on the basis of collected data at least once a year:
a. To demonstrate compliance with the requirements of the licence; and
b. to increase the knowledge of the behaviour of the waste and the waste facility.
2 Following this report, the competent authority may require the person supplying the waste facility to have the data validated by an independent expert on the basis of which the report was drawn up.
1 The competent authority shall undertake to comply with the licence rules, taking into account the obligation to:
a. In accordance with the provisions of the Water Framework Directive, the deterioration of the water situation shall be prevented, inter alia, by:
1 °. to evaluate the potential percolate formation, including the contaminated components of the percollate, from the deposited waste both during the course of business and during the phase after the closure of the waste facility, and the the determination of the water balance of the waste facility;
2. to be avoided, or to reduce as much as possible, to the extent that it cannot be prevented, that percolate is generated and surface water bodies, groundwater or soil are contaminated by the waste;
3 °. to collect and treat the contaminated water and percollate of the waste facility until the applicable standards of discharge thereof are complied with;
(b) the person driving the waste facility shall take the necessary measures to prevent, or minimise as far as possible, dust and gas emissions, in so far as such emissions cannot be prevented;
c. If extractive waste is placed back into a waste facility which may flow after the closure, the person supplying that waste facility shall:
1. to avoid, as far as possible, the measures necessary to prevent or minimise the deterioration of the water and soil pollution, provided that this is not prevented;
2. the competent authority shall provide for the information necessary to ensure compliance with the provisions of Directive 2006 /11/EC , the Activity decision on the environment and the Water Framework Directive.
2 The competent authority may derogate from the obligation referred to in paragraph 1 (a), 2 ° or 3 °, if on the basis of an assessment of the risks to the environment and taking into account the effects of the Directive 2006 /11/EC , the Activity decision on the environment and the Water Framework Directive, it shall be established that:
a. The collection and treatment of percolate is not necessary; or
b. The waste supply does not constitute a potential hazard to the soil, groundwater, or surface water body.
3 To a licence as referred to in Section 6.2 of the Water Act For the dumping of mining waste in a receiving body of water other than a body of water established for the disposal of extractive waste, the obligation is attached to the person driving the waste facility:
a. satisfies the applicable requirements of Directive 2006 /11/EC and the Water Framework Directive;
(b) the competent authority shall provide for the information necessary to ensure that the requirements referred to in point (a) are met.
The competent authority shall undertake to issue a licence for a waste facility under category A requirements, bearing in place the obligation of the person driving the waste facility:
a. In the operation and maintenance of the waste facility it is Article 3, fifth paragraph (i) implement the prevention policy in question in order to prevent a major accident;
b. in accordance with Article 3, fifth paragraph , under the internal emergency plan, in the event of such an accident, to take immediate action to prevent or reduce as far as possible adverse effects on human health or the environment, including its cross-border effects;
c. establishes a safety manager, responsible for:
1 °. the introduction and operation of the Article 3, fifth paragraph , referred to as security management system;
2 °. the implementation of and periodical monitoring of major-accident prevention policies.
The competent authority shall undertake to issue a licence as referred to in Article 5, third paragraph, of the Decision on soil quality For reentry of extractive waste into an excavation in surface or underground extraction, for the purpose of rehabilitation or construction purposes, provisions relating to the requirement that the extraction of the extractive materials to replace, take the appropriate measures provided for in Article 10 (1) of the Mining Waste Directive.
1 An amendment to Annex I, Part 1, Annex II or Annex III to the Mining Waste Management Directive shall apply to the application of this Decision as from the day on which the relevant amending Directive is to be adopted.
If this is necessary for the management of the mining waste directive, our Minister may ask the competent authority for the disposal of the waste facilities for which it is competent to grant the authorization, the application to which it is attached. send data declared within a time limit specified therein.
3 The competent authority shall transmit the information referred to in paragraph 2 to Our Minister.
4 This Decision shall be based on 1 June 2008. Article 9.2.2.1 of the Environmental Protection Act .
5 [ Red: Change this Decision.]
This Decision shall enter into force from the day following the date of issuance of the Official Journal in which it is placed.
This decision is referred to as: The Mining Waste Management Decision.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 19 May 2008
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
J. M. Cramer
Published the twenty-ninth of May 2008The Minister of Justice,
E. M. H. Hirsch Ballin
