Management of waste from extractive industries

KEY POINTS

A facility operator needs a permit to run an extractive industry waste facility. This Directive lays down the rules for the granting of permits to operators by the authorities designated by each EU country

Authorities must take measures when a new facility is built or an existing one is modified concerning:

• location;
• its physical stability;
• ensuring prevention of soil, air and water pollution;
• monitoring and inspection;
• facility closure, land rehabilitation and the after-closure phase.

Category A waste facilities*

Operators of Category A facilities (which pose particular health and environment risks) must draw up:

• a policy for accident prevention and a safety management system;
• an internal emergency plan specifying the on-site measures to be taken if an accident occurs.

Classification criteria for Category A facilities are further defined in Decision 2009/337/EC.

National authorities must draw up external emergency plans specifying off-site measures in the event of an accident.

Operators must provide a financial guarantee to ensure that the Directive’s obligations are covered prior to operations beginning. They must also ensure that funding is available for site restoration when a facility closes down.

Decision 2009/335/EC defines technical guidelines for the establishment of financial guaranties.

Waste management

Operators must draw up a waste management plan that prevents or reduces waste generation, and encourages waste recovery and safe waste disposal. It must be reviewed every 5 years by the authorities.

It must include:

• a description of the waste and its characterisation (i.e. its chemical, physical, geological features). Technical requirements for waste characterisation laid down in Annex II of the Directive are elaborated by Decision 2009/360/EC. In addition, Decision 2009/359/EC completes the definition of inert waste;
• a description of the substances that process mineral resources and methods used to transport and process the waste;
• the control and monitoring procedures;
• measures for facility closure and after-closure monitoring;
• preventive measures for water and soil pollution.

Authorities must ensure that operators have taken measures to prevent water and soil contamination, in particular by:

• evaluating and preventing leachate (i.e. any liquid percolating through the deposited waste, including polluted drainage) generation so that surface water and groundwater can escape waste contamination;
• collecting and treating contaminated water and leachate to ensure their discharge.

Regarding the use of cyanide in mineral extraction, the Directive introduces measures aimed at limiting its concentration in tailings ponds* and waste waters.

Inspections and reports

The authorities must inspect waste facilities at regular intervals, including after their closure. Operators are required to keep up-to-date records of all operations and to make them available for inspection by authorities. Every 3 years, EU countries must send the European Commission a report on the Directive's implementation.