# Commission Decision of 20 April 2009 on the definition of the criteria for the classification of waste facilities in accordance with Annex III of Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries (notified under document number C(2009) 2856) (2009/337/EC), Article 5

Extent: E+W+S+N.I.

1. In the case of loss of structural integrity for tailings dams, human lives shall be deemed to be threatened where water or slurry levels are at least 0,7 m above ground or where water or slurry velocities exceed 0,5 m/s.
2. The assessment of the potential for loss of life and danger to human health, shall comprise at least the following factors:
(a) the size and properties of the facility including its design;
(b) the quantity and quality including physical and chemical properties of the waste in the facility;
(c) the topography of the facility site, including damping features;
(d) the travel time of a potential flood-wave to areas where people are present;
(e) the propagation velocity of the flood-wave;
(f) the predicted water or slurry level;
(g) the rising rate of water or slurry levels;
(h) any relevant, site-specific factors that may influence the potential for loss- of- life or for danger to human health.

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Source: https://www.legislation.gov.uk/eudn/2009/337/article/5 (the official version)
Page: https://openlegislation.uk/eu-decision-2009-337/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.