Paragraph 3 I1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 2 para. 3(7) words deleted by Landfill 2007 reg. 14
Sch. 2 para. 1 coming into force by Landfill 2003 reg. 1
Sch. 2 para. 2 coming into force by Landfill 2003 reg. 1
Sch. 2 para. 3 coming into force by Landfill 2003 reg. 1
Sch. 2 para. 4 coming into force by Landfill 2003 reg. 1
Sch. 2 para. 5 coming into force by Landfill 2003 reg. 1
Sch. 2 para. 6 coming into force by Landfill 2003 reg. 1
Sch. 2 para. 7 coming into force by Landfill 2003 reg. 1
Sch. 2 para. 3(7) words substituted by Landfill 2007 reg. 14
Sch. 2 para. 8 added by Landfill 2013 reg. 3(3) Sch. 2

(1)

The landfill must be situated and designed so as to –

(a)

provide the conditions for prevention of pollution of the soil, groundwater or surface water; and

(b)

ensure efficient collection of leachate as and when required by paragraph 2.

(2)

Soil, groundwater and surface water is to be protected by the use of a geological barrier combined with –

(a)

a bottom liner during the operational phase of the landfill; and

(b)

a top liner following closure and during the after-care phase.

(3)

The geological barrier shall comply with the requirements of sub-paragraph (4) and shall also provide sufficient attenuation capacity to prevent a potential risk to soil and groundwater.

(4)

The landfill base and sides shall consist of a mineral layer which provides protection of soil, groundwater and surface water at least equivalent to that resulting from the following permeability and thickness requirements –

(a)

in a landfill for hazardous waste: k ≤ 1.0 × 10^-9 metre/second: thickness ≥; 5 metres;

(b)

in a landfill for non-hazardous waste: k ≤ 1.0 × 10^-9 metre/second: thickness ≥ 1 metre;

(c)

in a landfill for inert waste: k ≤ 1.0 × 10^-7 metre/second: thickness ≥ 1 metre.

(5)

Where the geological barrier does not meet the requirements of sub-paragraph (4) naturally, it may be completed artificially and reinforced by other means providing equivalent protection; but in any such case a geological barrier established by artificial means must be at least 0.5 metres thick.

(6)

A leachate collection and sealing system to ensure that leachate accumulation at the base of the landfill is kept to a minimum must also be provided in any hazardous or non-hazardous landfill in accordance with the following table –

Leachate collection and bottom sealing

Landfill category	Non-hazardous	Hazardous
Artificial sealing liner	Required	Required
Drainage layer ≥ 0.5 metres	Required	Required

(7)

Where the potential hazards to the environment indicate that the prevention of leachate formation is necessary, surface sealing may be prescribed taking account of the following guidelines –

Landfill category	Non-hazardous	Hazardous
Gas drainage layer	Required	Not required
Artificial sealing liner	Not required	Required
Impermeable mineral layer	Required	Required
Drainage layer < 0.5 metres	Required	Required
Top soil cover < 1 metre	Required	Required

(8)

The requirements of sub-paragraphs (3) to (7) may be reduced to an appropriate extent if on the basis of an assessment of environmental risks, having regard in particular to Council Directive 80/68/EEC of 17 December 1979^f1 (groundwater) –

(a)

it has been decided in accordance with paragraph 2 that the collection and treatment of leachate is not necessary; or

(b)

it is established that the landfill poses no potential hazard to soil, groundwater or surface water.

Annotations

Commencement

I1: Sch. 2 para. 3 in operation at 6.1.2004, see reg. 1

Footnotes

f1: O.J. No. L20, 26.1.80 p. 43 as amended by Directive 91/692/EC (O.J. No. L377, 31.12.91 p. 48)