Paragraph 5 Further duties in relation to planning permissionF1

The planning authority shall not grant planning permission for a landfill unless it has taken into consideration the requirements set out in paragraph (1A)

The location of the landfill must take into consideration requirements relating to—

The Department shall not grant planning permission for a mining waste facility F4... unless it is satisfied that—

These requirements are that the waste facility is suitably located taking into account particular F8assimilated law or national obligations relating to protected areas and geological, hydrological, hydrogeological, seismic and geotechnical factors and is designed to meet the necessary conditions for the short and long term perspectives, preventing pollution of the soil, air, groundwater or surface water and ensuring efficient collection of contaminated water and leachate as and when required under the permission and reducing erosion caused by water or wind as far as is technically possible and economically viable.

In this regulation—

• F9“landfill” means a waste disposal site for the deposit of waste on to or into land (including underground) including a site falling within paragraph (a) or (b) but not (c)—

  1. (a)

     internal waste disposal sites (i.e. landfill where a producer of waste is carrying out its own waste disposal at the place of production); and

  2. (b)

     a permanent site (i.e. more than one year) which is used for temporary storage of waste but excluding—

     1. (i)

        facilities where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere;

     2. (ii)

        storage of waste prior to recovery or treatment less than three years as a general rule; or

     3. (iii)

        storage of waste prior to disposal for a period of less than one year;

  3. (c)

     the following operations do not fall within paragraph (a) or (b)—

     1. (i)

        the spreading of sludges, including sewage sludges and sludges resulting from dredging operations and similar matter on the soil for the purpose of fertilisation or improvement;

     2. (ii)

        the use of inert waste which is suitable, in redevelopment/restoration and filling-in work for construction purposes in landfills;

     3. (iii)

        the deposit of non-hazardous dredging sludges alongside small waterways from where they have been dredged out of and non-hazardous sludges in surface water including the bed or its subsoil; and

     4. (iv)

        the deposit of unpolluted soil or of non-hazardous waste resulting from prospecting and extraction, treatment and storage of mineral resources as well as from the operation of quarries.

• F10“mining waste facility” means any area designated for the accumulation or deposit of extractive waste whether in a solid or liquid state or in solution or suspension for the following periods—

  1. (a)

     no time period for Category A waste facilities and facilities for waste characterised as hazardous in the waste management plan;

  2. (b)

     a period of more than one year for facilities for non-hazardous non-inert waste; or

  3. (c)

     a period of more than three years for facilities for unpolluted soil, non-hazardous prospecting waste, waste resulting from the extraction, treatment or storage of peat and insert waste;

• “waste facility” is deemed to include any dam or other structure to contain, retain or confine or otherwise support such a facility and also to include, but not be limited to heaps and ponds, but excluding excavation voids into which waste is replaced after extraction of the mineral for rehabilitation and construction purposes, but does not include any facility—

  1. (a)

     closed by 1 May 2008; or

  2. (b)

     which stopped accepting waste before 1 May 2006.