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STATUTORY RULES OF NORTHERN IRELAND


2007 No. 258

ENVIRONMENTAL PROTECTION

The Landfill (Amendment No.2) Regulations (Northern Ireland) 2007

  Made 24th April 2007 
  Coming into operation 4th June 2007 

The Department of the Environment makes the following Regulations in exercise of the power conferred by Article 4 of the Environment (Northern Ireland) Order 2002[1].

     In accordance with Article 4(4) of that Order, the Department has consulted district councils and such bodies or persons appearing to it to be representative of the interests of district councils as it considers appropriate; such bodies and persons appearing to it to be representative of the interests of industry, agriculture and business as it considers appropriate; and such other bodies or persons as it considers appropriate.

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Landfill (Amendment No.2) Regulations (Northern Ireland) 2007 and shall come into operation on 4th June 2007.

    (2) In these Regulations "the Landfill Regulations" means the Landfill Regulations (Northern Ireland) 2003[
2].

Amendment of the Landfill Regulations
     2. The Landfill Regulations are amended in accordance with the following regulations.

    
3. In regulation 2 (interpretation), at the appropriate place insert—

     4. In regulation 4 (cases where regulations do not apply), for paragraph (c)(i) substitute—

     5. In regulation 10 (waste which may be accepted in the different classes of landfill), delete paragraph (2).

Amendment of Schedule 1 (Criteria and Procedures for the acceptance of waste at landfills)
    
6. In paragraph 5 of Schedule 1(basic characterisation) at the end of sub-paragraph (4)(c)(i) for "or" substitute "and".

    
7. In paragraph 8 of Schedule 1 (interpretation of Part III), at the end insert—

     8. In paragraph 11 of Schedule 1 (limit values for waste acceptable at landfills for inert waste), at the foot of the columns in Table 3 headed "Parameter" and "Value" insert "PAHs (Polycyclic aromatic hydrocarbons) (total of 17)" and "100" respectively.

    
9. In paragraph 12 of Schedule 1 (criteria for landfills for non-hazardous waste), in sub-paragraph (a) delete "granular".

    
10. For paragraph 14 of Schedule 1 (criteria for granular stable non-reactive hazardous waste and non-hazardous waste deposited in the same cell with such waste) substitute—


    
11. For paragraph 17 of Schedule 1 (criteria for waste acceptable at landfills for hazardous waste) substitute—

     12. For paragraph 19 of Schedule 1 (interpretation of Part IV) substitute—

     13. For paragraph 20 of Schedule 1 (sampling and testing) substitute—

Amendment of Schedule 2 (General requirements for landfills)
    
14. In paragraph 3(7) of Schedule 2, in the table under "landfill category" delete the last two categories and substitute "Drainage layer > 0.5 metres" and "Top soil cover > 1 metre" respectively.

Amendment of Schedule 4 (Transitional Provisions)
    
15. —(1) In paragraph 1 of Schedule 4, after sub-paragraph (11) insert—

    (2) in paragraph 3, in sub-paragraph (3)(b) delete "and (2)".

Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003
    
16. The Waste Management Licensing Regulations (Northern Ireland) 2003[3] shall be amended as follows.

    (1) In regulation 9(1) (Particulars to be entered in public registers) for sub-paragraph (n) substitute—

    (2) In paragraph 2 of Schedule 1 (certificates of technical competence), for the definition of "closed landfill site" substitute—



Sealed with the Official Seal of the Department of the Environment on


24th April 2007.

L.S.


Wesley Shannon
A Senior Officer of the Department of the Environment


EXPLANATORY NOTE

(This note is not part of the Regulations)


The Regulations amend the Landfill Regulations (Northern Ireland) 2003 (‘the 2003 Regulations' ) and the Waste Management Licensing Regulations (Northern Ireland) 2003.

These Regulations make further amendments to the regulatory regime governing landfills in Northern Ireland for the purpose of implementing Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC ("the Landfill Directive"). They also make provision in respect of the implementation of the Landfill Directive.

Regulation 3 defines a technical term, while regulation 4 amends the exemption concerning the deposit of non-hazardous dredging sludges alongside small waterways so as to reflect the exact wording of that part of Article 3(2) of the Landfill Directive which this provision implements.

The main amendments to the 2003 Regulations re-enact, with amendments, the waste acceptance criteria to be met by granular waste and set new waste acceptance criteria for monolithic waste, both in respect of stable non-reactive waste and non-hazardous waste deposited in the same cell with such waste (regulation 10) and waste acceptable at landfills for hazardous waste (regulation 11). Regulations 12 and 13 make provision for the sampling and testing of those wastes.

The Regulations set the limit value for waste acceptable at landfills for inert waste in respect of polycyclic aromatic hydrocarbons (regulations 7 and 8).

The transitional provisions are amended to impose additional conditions in the landfill permits or waste management licences of existing landfills prohibiting the acceptance of certain types of waste at those landfills from a specified date (regulation 15). The additional conditions prohibit the acceptance by such landfills of whole and shredded used tyres and the acceptance of other specified types of waste from 30th October 2007.

Regulation 16 makes minor amendments to the Waste Management Licensing Regulations (Northern Ireland) 2003.

Copies of the publications referred to in the provisions substituted in the 2003 Regulations by regulations 12 and 13 of these Regulations may be obtained from any of the outlets operated by the British Standards Institution, or from The Stationery Office (TSO) at 16 Arthur Street, Belfast, BT1 4GD (telephone 02890 238 451).


Notes:

[1] S.I.2002/3153 (N.I.7)back

[2] S.R. 2003 No.496 as amended by S.R.2004 No. 297, S.R.2005 No.300, S.R.2006 No.280 and S.R.2007 No.179back

[3] S.R.2003 No.493 as amended by S.R.2003 No.496, S.R. 2004 No.297, S.R.2005 No.300 and S.R.2006 No.280back



ISBN 978 0 337 97005 4


 © Crown copyright 2007

Prepared 30 April 2007


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