WASTE MANAGEMENT (LANDFILL) REGULATIONS (landfill)

SUBSIDIARY LEGISLATION 549.29

WASTE MANAGEMENT (LANDFILL)

REGULATIONS

8th October, 2002

LEGAL NOTICE 168 of 2002, as amended by Legal Notices 289 of 2002,

and 70, 146, 426 of 2007, 150 of 2013, 7 of 2019, 147 and 453 of 2021.

(1) The title of these regulations is the Waste Management

(Landfill) Regulations.

(2) With a view to supporting the European Union’s transition to

a circular economy and meeting the requirements of Directive 2008/

98/EC of the European Parliament and of the Council * , and in

particular Articles 4 and 12 thereof, the aim of these regulations is to

ensure a progressive reduction of landfilling of waste, in particular of

waste that is suitable for recycling or other recovery, and, by way of

stringent operational and technical requirements on the waste and

landfills, to provide for measures, procedures and guidance to prevent

or reduce as far as possible negative effects on the environment, in

particular the pollution of surface water, groundwater, soil and air, and

on the global environment, including the greenhouse effect, as well as

any resulting risk to human health, from landfilling of waste, during

the whole life-cycle of the landfill.

(3) In respect of the technical characteristics of landfills, these

regulations contain, for those landfills to which the Industrial

Emissions (Integrated Pollution Prevention and Control) Regulations

are applicable, the relevant technical requirements in order to

elaborate in concrete terms the general requirements of those

regulations. The relevant requirements of the Industrial Emissions

(Integrated Pollution Prevention and Control) Regulations shall be

deemed to be fulfilled if the requirements of these regulations are

complied with.

(4) These regulations bring into effect the provisions of Council

Directive 1999/31/EC of 26 April 1999 on the landfill of waste as

amended by Council Directive 2011/97/EU amending Directive 1999/

31/EC as regards specific criteria for the storage of metallic mercury

considered as waste and Directive (EU) 2018/850 of the European

Parliament and of the Council of 30 May 2018 amending Directive

1999/31/EC on the landfill of waste.

Amended by

L.N.150 of 2013;

L.N. 147 of 2021.

GENERAL REQUIREMENTS FOR ALL CLASSES OF LANDFILLS

1. Location

1.1. The location of a landfill must take into consideration requirements relating

to

(a) the distances from the boundary of the site to residential and recreation

areas, waterways, water bodies and other agricultural or urban sites;

(b) the existence of groundwater, coastal water or nature protection zones in

the area;

(c) the geological and hydrogeological conditions in the area;

(d) the risk of flooding, subsidence, landslides or avalanches on the site;

(e) the protection of the nature or cultural patrimony in the area.

1.2. The landfill can be authorised only if the characteristics of the site with

respect to the above mentioned requirements, or the corrective measures to be taken,

indicate that the landfill does not pose a serious environmental risk.

2. Water control and leachate management

Appropriate measures shall be taken, with respect to the characteristics of the

landfill and the meteorological conditions, in order to

-

control water from precipitations entering into the landfill body,

-

prevent surface water and/or groundwater from entering into the

landfilled waste,

-

collect contaminated water and leachate. If an assessment based on

consideration of the location of the landfill and the waste to be accepted

shows that the landfill poses no potential hazard to the environment, the

competent authority may decide that this provision does not apply;

-

treat contaminated water and leachate collected from the landfill to the

appropriate standard required for their discharge.

The above provisions may not apply to landfills for inert waste.

3. Protection of soil and water

3.1. A landfill must be situated and designed so as to meet the necessary

conditions for preventing pollution of the soil, groundwater or surface water and

ensuring efficient collection of leachate as and when required according to Section 2.

Protection of soil, groundwater and surface water is to be achieved by the

combination of a geological barrier and a bottom liner during the operational/active

phase and by the combination of a geological barrier and a bottom liner during the

operational/active phase and by the combination of a geological barrier and a top

liner during the passive phase/post closure.

3.2. The geological barrier is determined by geological and hydrogeological

conditions below and in the vicinity of a landfill site providing sufficient attenuation

capacity to prevent a potential risk to soil and groundwater. The landfill base and

sides shall consist of a mineral layer which satisfies permeability and thickness

requirements with a combined effect in terms of protection of soil, groundwater and

su r f a c e w a t e r a t l e a s t e q u i v a l e n t t o t h e o n e r e s u l t i n g f r o m t h e f o l l o w i n g

requirements

landfill for hazardous waste: K less than or equal to 1.0 x 10 -9 m/s * ;

-

thickness greater than or equal to 5 m,

landfill for non-hazardous waste: K less than or equal to 1.0 x 10 -9 m/s;

-

thickness greater than or equal to 1 m,

landfill for inert waste: K less than or equal to 1.0 x 10 -7 m/s; thickness

-

greater than or equal to 1 m.

Where the geological barrier does not naturally meet the above conditions it can

be completed artificially and reinforced by other means giving equivalent protection.

An artificially established geological barrier should be no less than 0.5 metres thick.

3.3. In addition to the geological barrier described above a leachate collection

and sealing system must be added in accordance with the following principles so as

to ensure that leachate accumulation at the base of the landfill is kept to a minimum

Leachale collection and bottom sealing

Landfill category

Non-hazardous

Hazardous

Artificial sealing liner

Required

Required

Drainage layer greater than

Required

Required

or equal to 0.5m

The competent authority may set general or specific requirements for inert waste

landfills and for the characteristics of the above mentioned technical means.

If the competent authority, after a consideration of the potential hazards to the

environment, finds that the prevention of leachate formation is necessary, a surface

sealing may be prescribed.

Recommendations for the surface sealing are as follows

Landfill category

Non-hazardous

Hazardous

Gas drainage layer

Required

Not required

Artificial sealing liner

Not required

Required

Impermeable mineral layer

Required

Required

Drainage layer greater than 0.5m

Required

Required

Top soil cover greater than 1m

Required

Required

3.4. If, on the basis of an assessment of environmental risks, the competent

authority has decided, in accordance with Section 2 ("Water control and leachate

management"), that collection and treatment of leachate is not necessary or it has

been established that the landfill poses no potential hazard to soil, groundwater or

surface water, the requirements in paragraphs 3.2 and 3.3 above may be reduced

accordingly. In the case of landfills for inert waste these requirements may be

adapted by national legislation.

3.5. The method for the determination of the permeability coefficient for landfills, in

the field and for the whole extension of the site, shall be determined by the Commission

through the adoption of implementing acts in accordance with article 15b of Directive

1999/31/EC.

4. Gas control

*1 m/s: metre/second.

4.1. Appropriate measures shall be taken in order to control the accumulation

and migration of landfill gas (Schedule 3).

4.2. Landfill gas shall be collected from all landfills receiving biodegradable

waste and the landfill gas must be treated and used. If the gas collected cannot be

used to produce energy, it must be flared.

4.3. The collection, treatment and use of landfill gas under paragraph 4.2 shall be

carried on in a manner which minimises damage to or deterioration of the

environment and risk to human health.

5. Nuisances and hazards

Measures shall be taken to minimise nuisances and hazards arising from the

landfill through

emissions of odours and dust,

wind-blown materials,

noise and traffic,

birds, vermin and insects,

formation and aerosols,

fires.

The landfill shall be equipped so that dirt originating from the site is not dispersed

onto public roads and the surrounding land.

6. Stability

The emplacement of waste on the site shall take place in such a way as to ensure

stability of the mass of waste and associated structures, particularly in respect of

avoidance of slippages. Where an artificial barrier is established it must be

ascertained that the geological substratum, considering the morphology of the

landfill, is sufficiently stable to prevent settlement that may cause damage to the

7. Barriers

The landfill shall be secured to prevent free access to the site. The gates shall be

locked outside operating hours. The system of control and access to each facility

should contain a programme of measures to detect and discourage illegal dumping in

the facility.

8. Temporary storage of metallic mercury

For the purposes of temporary storage for more than 1 year of metallic mercury,

the following requirements shall apply

Metallic mercury shall be stored separately from other waste.

Containers shall be stored in collecting basins suitably coated so as to

be free of cracks and gaps and impervious to metallic mercury with a

containment volume adequate for the quantity of mercury stored.

The storage site shall be provided with engineered or natural barriers

that are adequate to protect the environment against mercury emissions

and a containment volume adequate for the total quantity of mercury

stored.

The storage site floors shall be covered with mercury-resistant sealants.

A slope with a collection sump shall be provided.

The storage site shall be equipped with a fire protection system.

Storage shall be arranged in a way to ensure that all containers are

easily retrievable.

In these regulations, unless the context otherwise requires

"applicant" means any person who applies for a landfill operating

permit under these regulations;

"biodegradable waste" means any waste that is capable of

undergoing anaerobic or aerobic decomposition, such as food and

garden waste, and paper and paperboard;

"competent authority" means the Environment and Resources

Authority as prescribed by the Nomination of the Competent

* OJ L 312, 22.11.2008, p. 3.

Authority Order, and such other body or person as the Minister

responsible for the environment may by order in the Gazette

prescribe and different bodies or persons may be designated as the

competent authority for different provisions and different purposes

of these regulations;

"eluate" means the solution obtained by a laboratory leaching

test;

"inert waste" means waste that does not undergo any significant

physical, chemical or biological transformations. Inert waste will not

dissolve, burn or otherwise physically or chemically react, biodegrade

or adversely affect other matter with which it comes into contact in a

way likely to give rise to environmental pollution or harm human

health. The total leachability and pollutant content of the waste and the

ecotoxicity of the leachate must be insignificant, and in particular not

endanger the quality of surface water and, or groundwater;

"landfill" means a waste disposal site for the deposit of the waste

onto or into land (i.e. underground), including

-

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

-

a permanent site i.e. more than one year, which is used

for temporary storage of waste;

but excluding

-

facilities where waste is unloaded in order to permit its

preparation for further transport for recovery,

treatment or disposal elsewhere, and

-

storage of waste prior to recovery or treatment for a

period less than three years as a general rule, or

-

storage of waste prior to disposal for a period less than

one year;

"landfill gas" means all the gases generated from the landfilled

waste;

"landfill operating permit" or "permit" means a permit to operate

a landfill issued under the Waste Regulations;

"leachate" means any liquid percolating through the deposited

waste and emitted from or contained within a landfill;

"liquid waste" means any waste in liquid form including waste

waters but excluding sludge;

"operator" means the natural or legal person responsible for a

landfill; this person may change from the preparation to the after-

care phase;

"treatment" means the physical, thermal, chemical or biological

processes, including sorting, that change the characteristics of the

waste in order to reduce its volume or hazardous nature, facilitate its

handling or enhance recovery;

"underground storage" means a permanent waste storage facility

in a deep geological cavity such as a salt or potassium mine.

The words "waste", "hazardous waste", "non-hazardous waste",

"municipal waste", "waste producer", "waste holder", "waste

management", "separate collection", "recovery", "preparing for re-

use", "recycling" and "disposal" shall have the same meaning as that

assigned to them in regulation 4 of the Waste Regulations.

Amended by

L.N.150 of 2013;

L.N. 147 of 2021.

WASTE ACCEPTANCE CRITERIA AND PROCEDURES

1. Introduction

This Schedule describes general principles for acceptance of waste at the various

classes of landfills.

2. General principles

The composition, leachability, long-term behaviour and general properties of a

waste to be landfilled must be known as precisely as possible. Waste acceptance at a

landfill can be based either on lists of accepted or refused waste, defined by nature

and origin, and on waste analysis methods and limit values for the properties of the

waste to be accepted.

The competent authority shall set national lists of waste to be accepted or refused

at each class of landfill, or define the criteria required to be on the lists. In order to

be accepted at a particular class of landfill, a type of waste must be on the relevant

national list or fulfil criteria similar to those required to be on the list. These lists or

acceptance criteria should be used to establish site specific lists, i.e: the list of

accepted waste specified in the permit in accordance with regulation 11.

The criteria for acceptance of waste on the reference lists or at a class of landfill

may be based on other legislation and/or on waste properties.

Criteria for acceptance at a specific class of landfill must be derived from

considerations pertaining to

protection of the surrounding environment (in particular groundwater

and surface water),

protection of the environmental protection systems (e.g. liners and

leachate treatment systems),

protection of the desired waste-stabilisation processes within the

landfill, - protection against human-health hazards.

Examples of waste property-based criteria are

requirements on knowledge of total composition,

limitations on the amount of organic matter in the waste,

requirements or limitations on the biodegradability of the organic waste

components,

limitations on the amount of specified, potentially harmful/hazardous

components (in relation to the above mentioned protection criteria),

limitations on the potential and expected leachability of specified,

potentially harmful/hazardous components (in relation to the above

mentioned protection criteria),

ecotoxicological properties of the waste and the resulting leachate.

The property-based criteria for acceptance of waste must generally be most

extensive for inert waste landfills and can be less extensive for non-hazardous waste

landfills and least extensive for hazardous waste landfills owing to the higher

environmental protection level of the latter two.

3. General procedures for testing and acceptance of waste

The general characterisation and testing of waste must be based on the following

three-level hierarchy

Level 1: Basic characterisation. This constitutes a thorough determination,

according to standardised analysis and behaviour-testing methods, of the short and

long-term leaching behaviour and/or characteristic properties of the waste.

Level 2: Compliance testing. This constitutes periodical testing by simpler

standardised analysis and behaviour-testing methods to determine whether a waste

complies with permit conditions and/or specific reference criteria. The tests focus on

key variables and behaviour identified by basic characterisation.

Level 3: On-site verification. This constitutes rapid check methods to confirm that

a waste is the same as that which has been subjected to compliance testing and that

which is described in the accompanying documents. It may merely consist of a visual

inspection of a load of waste before and after unloading at the landfill site.

A particular type of waste must normally be characterised at Level 1 and pass the

appropriate criteria in order to be accepted on a reference list. In order to remain on

a site-specific list, a particular type of waste must a regular intervals (e.g. annually)

be tested at Level 2 and pass the appropriate criteria. Each waste load arriving at the

gate of a landfill must be subjected to Level 3 verification.

Certain waste types may be exempted permanently to temporarily from testing at

Level 1. This may be due to impracticability to testing, to unavailability of

appropriate testing procedures and acceptance criteria or to overriding legislation.

4. Guidelines for preliminary waste acceptance procedures

Only Level 3 testing is mandatory and Level 1 and Level 2 applied to the extent

possible. Waste to be accepted at a particular class of landfill must either be on a

restrictive national or site-specific list for that class of landfill or fulfil criteria

similar to those required to get on the list.

The following general guidelines may be used to set preliminary criteria for

acceptance of waste at the three major classes of landfill or the corresponding lists.

Inert waste landfills: only inert waste can be accepted on the list.

Non-hazardous waste landfills: in order to be accepted on the list a waste type

must not be hazardous waste.

Hazardous waste landfills: a preliminary rough list for hazardous waste landfills

would consist of only those waste which are hazardous. Such waste types should,

however, not be accepted on the list without prior treatment if they exhibit total

contents or leachability of potentially hazardous components that are high enough to

constitute a short-term occupational or environmental risk or to prevent sufficient

waste stabilisation within the projected lifetime of the landfill.

5. Sampling of waste

The Commission shall adopt implementing acts in accordance with article 15c of

Directive 1999/31/EC, to develop a standard for sampling of waste.

Provided that until such implementing acts are adopted, national standards and

procedures shall apply.

6. On site verification

On-site verification ensures that the waste is the same as the waste that was

subject to basic characterisation and compliance testing, and that the waste is

correctly described in the accompanying document.

In this regard the landfill operator is to

check the relevant waste documentation;

visually inspect the waste entering the landfill, unless it is not

practicable to see the waste due to the vehicle or container in which the

waste is delivered;

periodically take samples and the same samples are to be kept for a

period of at least one year;

keep a register of the waste deposited including the location of

hazardous waste.

7. Records

The operator shall keep records of the required information, including test results,

for a period of three years, including basic characterisation and compliance testing

of the waste.

8. Specific requirements for metallic mercury

For the purposes of temporary storage for more than 1 year of metallic mercury,

the following requirements shall apply

Composition of the mercury

Metallic mercury shall comply with the following specifications

mercury content greater than 99,9% per weight;

no impurities capable of corroding carbon or stainless steel (e.g. nitric

acid solution, chloride salts solutions).

Containment

Containers used for the storage of metallic mercury shall be corrosion and shock-

resistant. Welds shall therefore be avoided. The containers shall comply in particular

with the following specifications

container material: carbon steel (ASTM A36 minimum) or stainless

steel (AISI 304, 316L),

containers shall be gas and liquid tight,

the outer side of the container shall be resistant against the storage

conditions,

the design type of the container shall successfully pass the drop test and

the leakproofness tests as described in Chapters 6.1.5.3 and 6.1.5.4 of

the UN Recommendations on the Transport of Dangerous Goods,

Manual of Tests and Criteria.

The maximum filling ratio of the container shall be 80% by volume to ensure that

sufficient ullage is available and neither leakage nor permanent distortion of the

container can occur as a result of an expansion of the liquid due to high temperature.

Acceptance procedures

Only containers with a certificate complying with the requirements set out in this

Section shall be accepted.

Acceptance procedures shall comply with the following

only metallic mercury which fulfils the minimum acceptance criteria set

out above shall be accepted,

containers shall be visually inspected before storage. Damaged, leaking

or corroded containers shall not be accepted,

containers shall bear a durable stamp (made by punching) mentioning

the identification number of the container, the construction material, its

empty weight, the reference of the manufacturer and the date of

construction,

containers shall bear a plate permanently fixed to the container

mentioning the identification number of the certificate.

Certificate

The certificate indicated in subsection C shall include the following elements

name and address of the waste producer,

name and address of the responsible for the filling,

place and date of filling,

quantity of the mercury,

the purity of the mercury and, if relevant, a description of the

impurities, including the analytical report,

confirmation that the containers have been used exclusively for the

transport/storage of mercury,

the identification numbers of the containers,

any specific comments.

Certificates shall be issued by the producer of the waste or, in default, by the

person responsible for its management.

(1) These regulations shall apply to any landfill as defined

in regulation 2.

(2) The following activities shall be excluded from the scope

of these regulations

(a) 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,

(b) the use of inert waste which is suitable, in

development restoration and filling-in work, or for

construction purposes, in landfills,

(c) the deposit of non-hazardous dredging sludges

alongside small waterways from where they have been

dredged out and of non-hazardous sludges in surface

water including the bed and its sub-soil.

(3) The management of waste from land-based extractive

industries, that is to say, the waste arising from the prospecting,

extraction, including the pre-production development stage,

treatment and storage of mineral resources and from the working of

quarries, shall be excluded from the scope of these regulations

where it falls within the scope of other European Union legislative

acts.

Amended by

L.N. 150 of

2013;

L.N. 147 of 2021.

CONTROL AND MONITORING PROCEDURES IN OPERATION

AND AFTER-CARE PHASES

1. Introduction

The purpose of this Schedule is to provide the m inim um procedures for

monitoring to be carried out to check

that waste has been accepted to disposal in accordance with the criteria

set for the category of landfill in question,

that the processes within the landfill proceed as desired,

that the environmental protection systems are functioning fully as

intended,

-

that the permit conditions for the landfill are fulfilled.

2. Meteorological data

Should the competent authority decide that water balances are an effective tool for

evaluating whether leachate is building up in the landfill body or whether the site is

leaking, it is recommended that the following data are collected from monitoring at

the landfill or from the nearest meteorological station, as long as required by the

competent authority in accordance with regulation 16(4)

Operation phase

After-care phase

1.1 Volume of precipitation

Daily

Daily, added to

monthly values

1.2 Temperature (min., max., 14.00h CET)

Daily

Monthly average

1.3 Direction and force of prevailing wind

Daily

Not required

1.4 Evaporation (lysemeter)*

Daily

Daily, added to

monthly values

1.5 Atmospheric humidity (14.00h CET)

Daily

Monthly average

* Or through other suitable methods.

3. Emission data: water, leachate and gas control

S a m p l i n g o f l e ac h a t e a n d s u r f a c e w a t e r i f p r e se n t m u s t b e c o l l ec t e d a t

representative points. Sampling and measuring (volume and composition) of

leachate must be performed separately at each point at which leachate is discharged

from the site. Reference: general guidelines on sampling technology, ISO 5667-2

(1991).

Monitoring of surface water if present shall be carried out at not less than two

points, one upstream from the landfill and one downstream.

Gas monitoring must be representative for each section of the landfill. The

frequency of sampling and analysis is listed in the following table. For leachate and

water, a sample, representative of the average composition, shall be taken for

monitoring.

The frequency of sampling could be adapted on the basis of the morphology of the

landfill waste (in tumulus, buried, etc). This shall be specified in the permit.

After-care phase( 2 )

Operation phase

Monthly( 1 )( 2 )

2.1 Leachate volume

Every six months

2.2 Leachate composition( 3 )

Quarterly( 2 )

Every six months

Quarterly( 2 )

2.3 Volume and composition of surface(4)

Every six months

water

Quarterly( 2 )( 6 )

Every six months( 7 )

2.4 Potential gas emissions and atmospheric

pressure( 5 ) (CH 4 , CO 2 , O 2 , H 2 S, H 2 , etc.)

( 1 ) The frequency of sampling could be adapted on the basis of the morphology of the landfill waste in

tumulus, buried, etc. This has to be specified in the permit.

( 2 ) If the evaluation of data indicates that longer intervals are equally effective, they may be adapted.

For leachates, conductivity must always be measured at least once a year.

( 3 ) The parameters to be measured and the substances to be analysed vary according to the

composition of the waste deposited; they must be laid down in the permit document and reflect the

leaching characteristics of the waste.

(4) On the basis of the characteristics of the landfill site, the competent authority may determine that

these measurements are not required.

(5)

These measurements are related mainly to the content of organic material in the waste.

(6) CH 4 , CO 2 , O 2 regularly, other gases as required, according to the composition of the waste

deposited, with a view to reflecting its leaching properties.

(7)

Efficiency of the gas extraction system must be checked regularly.

2.1 and 2.2 apply only where leachate collection takes place.

4. Protection of groundwater

A.

Sampling

The measurements must be such as to provide information on groundwater likely

to be affected by the discharging of waste, with at least one measuring point in the

groundwater inflow region and two in the outflow region. This number can be

increased on the basis of a specific hydrogeological survey and the need for an early

identification of accidental leachate release in the groundwater.

Sampling must be carried out in at least three locations before the filling

operations in order to establish reference values for future sampling. Reference

Sampling Groundwaters, ISO 5667, Part 11, 1993.

B.

Monitoring

The parameters to be analysed in the samples taken must be derived from the

expected composition of the leachate and the groundwater quality in the area. In

selecting the parameters for analysis account should be taken of mobility in the

groundwater zone. Parameters could include indicator parameters in order to ensure

an early recognition of change in water quality. Recommended parameters are: pH,

TOC, phenols, heavy metals, fluoride, AS, oil/hydrocarbons.

Operation phase

After-care phase

Every six months( 1 )

Every six months( 1 )

Level of groundwater

Groundwater composition

Site-specific frequency(2)(3) Site-specific frequency(2)(3)

( 1 )

If there are fluctuating groundwater levels, the frequency must be increased.

( 2 ) The frequency must be based on possibility of remedial actions between samplings if a trigger level

is reached, i.e. the frequency must be determined on the basis of knowledge and the evaluation of the

velocity of groundwater flow.

( 3 ) When a trigger level is reached (see C), verification is necessary by repeating the sampling. When

the level has been confirmed, a contingency plan (laid down in the permit) must be followed.

C.

Trigger levels

Significant adverse environmental effects, as referred to in regulations 15 and 16,

should be considered to have occurred in the case of groundwater, when an analysis

of a groundwater sample shows a significant change in water quality. A trigger level

must be determined taking account of the specific hydrogeological formations in the

location of the landfill and groundwater quality. The trigger level must be laid down

in the permit whenever possible.

The observations must be evaluated by means of control charts with established

control rules and levels for each down gradient well. The control levels must be

determined from local variations in groundwater quality.

5. Topography of the site: data on the landfill body

Operation phase

After-care phase

5.1 Structure and composition

Yearly

of landfill body ( 1 )

5.2 Setting behaviour of the

Yearly

Yearly reading

level of the landfill body

( 1 ) Data for the status plan of the concerned landfill: surface occupied by waste, volume and

composition of waste, methods of depositing, time and duration of depositing, calculation of the

remaining capacity still available at the landfill.

6. Specific requirements for metallic mercury

For the purposes of temporary storage for more than 1 year of metallic mercury,

the following requirements shall apply

A.

Monitoring, inspection and emergency requirements

A continuous mercury vapour monitoring system with a sensitivity of at least 0,02

mg mercury/m 3 shall be installed in the storage site. Sensors shall be positioned at

ground level and head level. This shall include a visual and acoustic alert system.

The system shall be maintained annually.

The storage site and containers shall be visually inspected by an authorised person

at least once a month. Where leaks are detected, the operator shall immediately take

all necessary action to avoid any emission of mercury to the environment and restore

the safety of the storage of the mercury. Any leaks shall be considered to have

significant adverse environmental effects as referred to in regulation 15(2).

Emergency plans and adequate protective equipment suitable for handling metallic

mercury shall be available on site.

B.

Record keeping

All documents containing the information referred to in paragraph 6 of Schedule 2

and in point A of this paragraph, including the certificate accompanying the

container, as well as records concerning the destocking and dispatch of the metallic

mercury after its temporary storage and the destination and intended treatment shall

be kept for at least 3 years after the termination of the storage.

Each landfill shall be classified in one of the following

classes

-

landfill for hazardous waste,

-

landfill for non-hazardous waste, and

-

landfill for inert waste.

Added by

L.N. 453 of 2021.

(Regulation 5)

IMPLEMENTATION PLAN

The implementation plan to be submitted pursuant to sub-regulation (4) of

regulation 5 of shall contain the following

1. Assessment of the past, current and projected rates of recycling, landfilling

and other treatment of municipal waste and the streams of which it is composed.

2. Assessment of the implementation of waste management plans and waste

prevention programmes in place pursuant to regulations 28 and 29 of the Waste

Regulations.

3. Reasons for Malta considers that it might not be able to attain the relevant

target laid down in sub-regulation (3) of regulation 5 within the deadline set therein and

an assessment of the time extension necessary to meet that target.

4. Measures necessary to attain the targets set out in sub-regulation (6) of

regulation 5 of these regulations applicable to Malta during the time extension, including

appropriate economic instruments and other measures to provide incentives for the

application of the waste hierarchy as set out in regulation 4A and Schedule 12 of the

Waste Regulations.

5. A timetable for the implementation of the measures identified in item 4,

determination of the body competent for their implementation and an assessment of their

individual contribution to attaining the targets applicable in the event of a time

extension.

6. Information on funding for waste management in line with the polluter-

pays principle.

7. Measures to improve data quality, as appropriate, with a view to better planning

and monitoring performance in waste management.

(1) The competent authority shall, not later than 15 July

2003, set up a national strategy for the purpose of the reduction of

biodegradable waste going to landfill. This strategy shall include

measures to achieve the targets as set out in sub-regulation (2)

including such measures as recycling, composting, biogas

production or material and energy recovery.

(2)

The strategy shall ensure that by

(a) 15 July 2010 biodegradable waste going to landfill is

reduced to 75% of the total amount by weight of

biodegradable municipal waste produced in 1995;

(b) 15 July 2013 biodegradable waste going to landfill is

reduced to 50% of the total amount by weight of

biodegradable municipal waste produced in 1995; and

(c) 15 July 2020 biodegradable waste going to landfill is

reduced to 35% of the total amount by weight of

biodegradable municipal waste produced in 1995.

(3) By 2035 the amount of municipal waste landfilled is to be

reduced to 10% or less of the total amount of municipal waste

generated (by weight).

(4) By 2030, the Minister may consider postponing the

deadline for attaining the target referred to in sub-regulation (3) by

up to five (5) years provided that

(a) Malta has landfilled more than sixty per cent (60%) of

its municipal waste generated in 2013 as reported

under the Joint Questionnaire of the OECD and

Eurostat; and

(b) at the latest twenty-four (24) months before the

deadline laid down in sub-regulation (3), the Minister

notifies the Commission of its intention to postpone

the deadline and submits an implementation plan in

accordance with Schedule 4. The Minister may

combine that plan with an implementation plan

submitted pursuant to the Waste Regulations.

(5) Within three (3) months of receipt of the implementation

plan submitted pursuant to paragraph (b) of sub-regulation (4), the

Commission may request Malta to revise the plan if the

Commission considers that the plan does not comply with the

requirements of Schedule 4. Malta shall submit a revised plan

within three (3) months of receipt of the Commission’s request.

(6) In the event of postponing the deadline in accordance with

sub-regulation (4), the Minister, in consultation with the authority and

the agency, shall take the necessary measures to reduce by 2035 the

amount of municipal waste landfilled to twenty-five per cent (25%) or

less of the total amount of municipal waste generated (by weight).

(1)

For the purpose of calculating whether the targets

laid down in regulation 5(3) and (4) have been attained

(a)

the weight of the municipal waste generated and

directed to landfilling shall be calculated in a given calendar

year;

(b)

the weight of waste resulting from treatment

operations prior to recycling or other recovery of municipal

waste such as sorting or mechanical biological treatment,

which is subsequently landfilled shall be included in the

weight of municipal waste reported as landfilled;

(c)

the weight of municipal waste that enters

incineration disposal operations and the weight of waste

produced in the stabilization operations of the biodegradable

fraction of municipal waste in order to be subsequently

landfilled shall be reported as landfilled;

(d)

the weight of waste produced during recycling or

other recovery operations of municipal waste which is

subsequently landfilled shall not be included in the weight of

municipal waste reported as landfilled.

(2)

The competent authority shall establish an effective system

of quality control and traceability of the municipal waste landfilled to

ensure that the conditions laid down in sub-regulation (1) are met.

(3) Where municipal waste is shipped to another Member State or

exported from the European Union for the purposes of landfilling, in

accordance with Regulation (EC) No 1013/2006 of the European

Parliament and of the Council ** , it shall be counted towards the

amount of waste landfilled in Malta, in accordance with sub-regulation

(1)

The following wastes shall not be accepted in a

landfill

-

liquid waste;

-

waste which, in the conditions of landfill, is explosive,

corrosive, oxidising, highly flammable or flammable as

defined in Schedule 3 to the Waste Regulations;

-

hospital and other clinical waste arising from medical

or veterinary establishments, which are infectious as defined

by property HP9 of Schedule 3 to the Waste Regulations and

waste chemical substances arising from research and

development or teaching activities which are not identified

and, or are new and whose effects on man and, or the

environment are not known (e.g. laboratory residues, etc.);

-

whole used tyres, excluding tyres used as engineering

material and bicycle tyres and tyres with an outside diameter

above 1,400 mm;

-

shredded used tyres excluding bicycle tyres and tyres

with an outside diameter above 1,400 mm;

-

any other type of waste which does not fulfil the

acceptance criteria determined in accordance with Schedule 2;

-

waste that has been separately collected for preparing

for re-use and recycling pursuant to regulation 10 of the Waste

Regulations, with the exception of waste resulting from

subsequent treatment operations of the separately collected

waste for which landfilling delivers the best environment

outcome in accordance with regulation 4A of the Waste

Regulations;

-

any other type of waste which the competent authority

declares as not acceptable in a landfill.

(2) The competent authority shall endeavour, through, inter

alia, the establishment of guidelines and, or a landfill operating

permit, to ensure that as of 2030, all waste suitable for recycling or

other recovery, in particular municipal waste, shall not be accepted

in a landfill with the exception of waste for which landfilling

delivers the best environmental outcome in accordance with

regulation 4A of the Waste Regulations.

Information on the measures taken pursuant to this sub-

regulation shall be included in the waste management plans

referred to in regulation 28 of the Waste Regulations or in other

strategic documents covering the entire territory of Malta.

The dilution or mixture of waste solely in order to meet the

of waste acceptance criteria is prohibited.

(1) Only waste that has been subject to treatment shall be

landfilled. This provision does not apply to inert waste for which

treatment is not technically feasible, nor to any other waste for

which such treatment does not contribute to the objectives of these

regulations, by reducing the quantity of the waste or the hazards to

human health or the environment.The competent authority shall

ensure that measures taken in accordance with this sub-regulation do

not compromise the achievement of the objectives of the Waste

Regulations, notably on the waste hierarchy and on the increase of

preparing for re-use and recycling as set out in regulation 4A of those

regulations.

(2) Only hazardous waste that fulfils the criteria set out in

accordance with Schedule 2 shall be landfilled in a hazardous waste

landfill.

(3) Only the following types of non-hazardous waste shall be

landfilled at a non-hazardous waste landfill

(a) municipal waste;

(b) non-hazardous waste of any other origin, which fulfils

the criteria for the acceptance of waste at landfill for

non-hazardous waste set out in accordance with

Schedule 2;

(c) stable, non-reactive hazardous waste (e.g. solidified,

vitrified), with leaching behaviour equivalent to those

of the non-hazardous wastes referred to at paragraph

(b) which fulfils the relevant acceptance criteria set

out in accordance with Schedule 2. These hazardous

wastes shall not be deposited in cells destined for

biodegradable non-hazardous waste.

(4)

Inert waste landfill sites shall be used only for inert waste.

Without prejudice to the Waste Regulations, the application

for a landfill operating permit must contain at least the following

particulars

(a) the identity of the applicant and of the operator when

they are different entities;

(b) the description of the types and total quantity of waste

to be deposited;

(c) the proposed capacity of the disposal site;

(d) the description of the site, including

its

hydrogeological and geological characteristics;

(e) the proposed methods for pollution prevention and

abatement;

(f)

the proposed operation, monitoring and control plan;

(g) the proposed plan for the closure and after-care

procedures;

(h) where an impact assessment is required under the

Environment Impact Assessment Regulations, a copy

of the Environment Impact Assessment Report;

(i)

the financial security by the applicant, or any other

equivalent provision under regulation 10(1)(d).

Following a successful application for a permit this

information shall be made available to the competent national

statistical authority when requested for statistical purposes.

(1) Without prejudice to the Waste Regulations, the

competent authority shall not issue a landfill permit unless it is

satisfied that

(a) the landfill project complies with all the relevant

requirements of these regulations;

(b) the management of the landfill site will be in the hands

of a natural person who is technically competent to

manage the site, and that professional and technical

development and training of landfill operators and

staff are provided;

(c) the landfill shall be operated in such a manner that the

necessary measures are taken to prevent accidents and

limit their consequences;

(d) adequate provisions, by way of financial security or

any other equivalent, to the satisfaction of the

competent authority, have been or will be made by the

applicant prior to commencement of disposal

operations to ensure that the obligations (including

after-care provisions) arising under the landfill

operating permit are discharged and that the closure

procedures required under regulation 16 are followed.

This security or its equivalent shall be kept as long as

required by maintenance and after-care operation of

the site in accordance with regulation 16(4).

(2) The landfill project shall be in line with the relevant

national waste management strategy and implementation plan.

(3) Prior to the commencement of the disposal operations, the

competent authority shall inspect the site in order to ensure that it

complies with the relevant conditions of the permit. This will not

reduce in any way the responsibility of the operator under the

conditions of the permit.

Without prejudice to the Waste Regulations and the

Industrial Emissions (Integrated Pollution Prevention and Control)

Regulations, the landfill permit shall state the following

(a) the class of the landfill;

(b) the list of defined types and the total quantity of waste

which are authorised to be deposited in the landfill;

(c) requirements for the landfill preparations, landfilling

operations and monitoring and control procedures,

including contingency plans, as well as provisional

requirements for the closure and after-care operations;

(d) the obligation on the applicant to report at least

annually to the competent authority on the types and

quantities of waste disposed of and on the results of

the monitoring programme as required by regulations

15 and 16 and Schedule 3.

All the costs involved in the setting up and operation of a

landfill site, including as far as possible the cost of the financial

security or its equivalent referred to in regulation 10(1)(d), and the

estimated costs of the closure and after-care of the site for a period

of at least thirty years shall be covered by the price to be charged

by the operator for the disposal of any type of waste in that site.

Collection and use of information related to costs of the

landfill operation shall be carried out in a transparent way and

according to the provisions of the Freedom of Access to

Information on the Environment Regulations.

(1) The established criteria and procedures for the

acceptance of waste at landfills pursuant to Council Decision 2003/

33/EC of 19 December 2002 establishing criteria and procedures

for the acceptance of waste at landfills pursuant to Article 16 of and

Annex II to Directive 1999/31/EC * shall be applied.

(2) Before or at the time of delivery or of the first in a series of

deliveries, provided the type of waste remains unchanged, the

holder or the operator shall show, by means of the appropriate

documentation, that the waste in question can be accepted at that

site according to the conditions set in the permit, and that it fulfils

the acceptance criteria set out in Schedule 2.

(3) Moreover, to ensure that reception procedures are in

accordance with the provisions of these regulations the operator

shall

(a) check the waste documentation, including those

documents required by the Waste Regulations, and

where applicable those required by the Waste

Management (Shipments of Waste) Regulations;

(b) visually inspect the waste at the entrance and at the

point of deposit and, as appropriate, verify conformity

with the description provided in the documentation

submitted by the holder;

*OJ L 11, 16.1.2003, p. 27.

(c) if applicable, take samples and analyse same in

compliance with Schedule 2, point 3 level 3. The

operator shall ensure that quality control of such

sampling and analytical operations shall be carried out

by a competent agency to the satisfaction of the

competent authority and in accordance with Schedule

2. These samples shall be kept for at least one month;

(d) keep a register of the qualities and characteristics of

the waste deposited, indicating origin, date of delivery,

identity of the producer or collector in the case of

municipal waste, and, in the case of hazardous waste,

the precise location on the site, and make this

information available to the competent authority on

request.

(4) The operator of the landfill shall always provide written

acknowledgement of receipt of each delivery accepted on the site.

(5) Without prejudice to the Waste Management (Shipments of

Waste) Regulations, if waste is not accepted at a landfill the

operator shall notify without delay the competent authority of the

non-acceptance of the waste.

(1) The operator of a landfill shall in the operational phase

of a landfill carry out a control and monitoring programme as

specified in Schedule 3.

(2) The operator shall notify the competent authority of any

significant adverse environmental effects revealed by the control

and monitoring procedures and follow the decision of the

competent authority on the nature and timing of the corrective

measures to be taken. These measures shall be undertaken at the

expense of the operator.

The competent authority shall determine the frequency,

which shall at least be a year, whereby the operator shall report, on

the basis of aggregated data, all monitoring results to the competent

authority for the purpose of demonstrating compliance with permit

conditions and increasing the knowledge on waste behaviour in the

landfills.

(3) The operator shall ensure that quality control of analytical

operations related to the control and monitoring procedures are

carried out by a competent laboratory to the satisfaction of the

competent authority.

(1) The operator shall start closure procedures of the

landfill or part of it

(a) when the relevant conditions stated in the permit are

met; or

(b) following authorisation by the competent authority at

the request of the operator; or

(c) following an order to this effect by the competent

authority.

(2)

A landfill or part of it may only be considered as definitely

closed after the competent authority has carried out a final on-site

inspection, has assessed all the reports submitted by the operator

and has communicated to the operator its approval for the closure.

This shall not in any way reduce the responsibility of the operator

under the conditions of the permit.

(3) After a landfill has been definitely closed, the operator

shall be responsible for its maintenance, monitoring and control in

t h e a f t e r- c a r e p h a s e f o r a s l o n g a s m a y b e r e q u i r e d b y t h e

competent authority, taking into account the time during which the

landfill could present hazards.

The operator shall notify the competent authority of any

significant adverse environmental effects revealed by the control

and monitoring procedures and shall follow the decision of the

competent authority on the nature and timing of the corrective

measures to be taken.

(4) The competent authority shall as long as it considers that a

landfill is likely to cause a hazard to the environment and without

prejudice to any liability of the waste holder, oblige the operator of

the site to be responsible for monitoring and analysing landfill gas

and leachate from the site and the ground and surface water regime

in the vicinity of the site in accordance with Schedule 3.

Landfills which are in operation shall not continue to

operate unless the steps outlined below are accomplished as soon as

possible and until 15 July 2009 at the latest

(a) the operator shall, by 15 July 2003, prepare and

present to the competent authority, for its approval, a

conditioning plan for the site including the particulars

listed in regulation 11 and any corrective measures

which the operator considers will be needed in order to

comply with the requirements of these regulations with

the exception of the requirements in Schedule 1 point

1;

(b) following the presentation of the conditioning plan,

the competent authority shall take a definite decision

on whether operations may continue on the basis of the

said conditioning plan and these regulations

Provided that the competent authority shall take

necessary measures to ensure that sites which have not

been granted, in accordance with regulation 10, a

permit to continue to operate, shall be closed down as

soon as possible, in accordance with regulations 9(g)

and 16.

(c) on the basis of the approved conditioning plan, the

competent authority shall authorise the necessary work

and shall lay down a transitional period for the

completion of the plan by 15 July 2009;

(d) in the case of an existing landfill receiving hazardous

waste, regulations 4, 5, 6, 7 and 14 and Schedule 2

shall enter into force on 1 January 2004. Regulation 8

shall enter into force on 15 July 2004.

In order to contribute to the objectives laid down in these

regulations, the Minister shall make use of economic instruments

and other measures to provide incentives for the application of the

waste hierarchy under regulation 4A of the Waste Regulations.

Such instruments may include those indicated in Schedule 12 of the

Waste Regulations or other appropriate instruments and measures.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provision of these

regulations or fails to comply with permit conditions

or with any order lawfully given in terms of any

provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c) he acts in contravention of any of the provisions of

these regulations; or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising,

counselling or procurement to contravene the

provisions of these regulations or to fail to comply

with any such provisions (including any order lawfully

given in terms of any of the provision of these

regulations) or to contravene any restriction,

prohibition or requirement imposed by or under the

said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

(a) on a first conviction to a fine (multa) of not less than

one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69) but not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37);

(b) on a second or subsequent convictions, to a fine

(multa) of not less than two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(€2,329.37), but not exceeding four thousand and six

hundred and fifty-eight euro and seventy-five cents

(€4,658.75) or to imprisonment for a term not

exceeding two years, or to both such fine and

imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a

vehicle, the owner of the said vehicle, where applicable, is held

liable in the same manner and degree

Provided further that the court shall order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the competent

authority as a result of the said offence, the revocation of the permit

issued by the competent authority and the confiscation of the

corpus delicti, including the vehicle, if applicable.

(1) The provisions of articles 23 and 30 of the Criminal

Code shall, mutatis mutandis, apply to proceedings in respect of

offences against these regulations, so however that the

disqualification from holding or obtaining a licence, permit or

authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these

regulations shall be held before the Court of Magistrates (Malta) or

the Court of Magistrates (Gozo), as the case may be, and shall be in

accordance with the provisions of the Criminal Code regulating the

procedure before the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect

of proceedings for any offence against these regulations.

Schedules 1, 2 and 3 are being published in the English

language with the English text of these regulations.