Proposal for a COUNCIL DIRECTIVE on the landfill of waste
Date: 1997-03-05
Institutions: European Commission
Subjects: EU environmental policy, environmental protection, storage of waste, waste disposal, waste management

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 05.03.1997 
COM(97) 105 final 

97/ 0085 (SYN) 

Proposal for a 

COUNCIL DIRECTIVE 

on  the landfill  of waste 

(presented by the Commission) 

EXPLANATORY MEMORANDUM 

I. INTRODUCTION 

In  1996 the  Commission  adopted  a  Communication  on  the  review  of  the  Community  Strategy  for 
Waste  Management  .  This  Strategy  confirmed  the  principles  stated  in  the  1989  Strategy,  while 
introducing  additional  means  for  improving  waste management  in the Union.  The new Proposal  on 
the  landfill  of  waste  takes  into  account  both  developments  in  the  waste  area  as  reflected  in  the 
review  of  the  Community  Strategy  for  Waste  Management  of  1996  and  legislation'or  updated 
legislation adopted  since the discussion of the original Proposal. Consequently, the present  Proposal 
is  an  updated  version  of the  original  Proposal,  which  takes  into  account  the  main  elements  of  the 
1995 Common Position of the Council and the concerns expressed by the European  Parliament. 

II. BACKGROUND 

The  1989  Commission  Proposal  for  a Community  Strategy  for  Waste  Management  focused  on  the 
need  to  harmonise  standards  for  waste  management  facilities  on  the  basis  of  a  high  level  of 
environmental  protection. 

The  Council  of  Ministers  adopted  the  main  guidelines  of  this  strategy  in  a  Resolution  of  7  May 
1990.  An  important  element  was  the  optimisation  of  the  final  disposal  of  waste.  The  strategy 
stressed  as  a  key  priority  that  the  final  disposal  of  waste  should  be  applied  as  an  option  of  last 
resort. 

Consequently  the Commission  presented  a Proposal for  a Directive on the landfill  of waste in order 
to  ensure  that  the  Member  States  should  adopt  a  homogenous  policy  related  to  landfills  and  that 
standards  should  be  harmonised  throughout  the  Community.  This  Proposal  was  submitted  to  the 
Council on 22 July 1991. 

Following  lengthy discussions the Council adopted its Common Position on 6 October  1995. 

However,  the  European  Parliament  did  not  find  the  level  of  environmental  protection  in  the 
Common  Position  sufficiently  high  and  therefore  rejected  it  on  22  May  1996.  The  Parliament 
objected  to the high  number  of derogations  on the  grounds that  it  severely  limited  the  effect  ot  the 
Directive.  Parliament  particularly  objected  to  the  exclusion  of  more  than  50%  of  the  European 
Community 
less 
than 35 persons pr. square kilometre. 

for  areas  with  a  population  density  of 

the  derogation 

territory  by 

1  COM(96)  3 99 

The  Council, aware that  several  Member  States  shared the view of the European  Parliament,  noted 
that  it  could  not  act  and  therefore  invited  the  Commission  to  present  a  new  Proposal  as  soon  as 
possible2. The present  Proposal  is the Commission's  response to the invitation  from  the  Council  of 
June  1996. 

III.  ENVIRONMENTAL IMPACT FROM LANDFILLING 

The  1996  Commission  Communication  on  the  review  of  the  Community  Strategy  for  Waste 
Management  confirmed  the  hierarchy  of  waste  principles  established  by  the  Communication  of 
1989.  The  principle  of  prevention  of  waste  generation  remains  the  first  priority,  followed  by 
recovery and finally  by the safe disposal of waste i.e. landfilling.  In the Community  Waste  Strategy 
landfilling  represents  the  option  of  last  resort  because  it  can  have  substantial  negative  impacts  on 
the environment.  The most important  include emissions of hazardous substances to soil and  ground 
water,  emissions  of  methane  into  the  atmosphere,  dust,  noise,  explosion  risks  and  deterioration  of 
land. Landfilling  as a waste management  method  has no effect  on the prevention  of waste and  does 
not make use of waste as a resource, which has a higher priority in the Community Waste  Strategy. 

The  severe  problems  connected  with  landfilling  in  Member  States  are  reflected  in  numerous 
complaints.  During  1995/96  alone,  38  petitions  concerning  landfills  were  sent  to  the  European 
Parliament  and  forwarded  to the  Commission  services  for  further  examination.  The petitions  were 
mainly  from  Spain,  Portugal,  Italy  and  Ireland.  In  addition  to  the  petitions  the  Commission  has 
since  1989  received  some  60  complaints  concerning  landfills.  These  related  to  landfills  in  Italy, 
Spain,  Portugal,  United  Kingdom,  Greece,  Ireland,  France,  Germany  and  Belgium.  An  extreme 
example occurred on  10 September  1996 when  100.000 tonnes of waste from  a municipal  landfill  in 
La Coruna  (Spain)  slid  down the hillside  killing  one person.  The destroyed  landfill  poses  a  serious 
threat to the nearby  sea and to the 250,000 inhabitants of the city. 

The  numerous  complaints  concerning  landfills  are  also  related  to  the  lack  of  implementation  of 
existing  Community  legislation.  The obligations  of Member  States concerning  disposal  of waste  is 
already  laid  down  in  Directive  75/442/EEC,  Article  4.  However,  Member  States  like  Greece, 
Ireland  and Portugal  have not yet managed  to prevent  uncontrolled  landfilling  and  do therefore  not 
comply with Directive  75/442/EEC today. 

Objectives  of  the  Landfill  Directive 

Article  130  r  (2)  of  the  Treaty  requires  environmental  policy  to  be  based  on  a  high  level  of 
protection.  The main  objective  of the Proposal  is to ensure high standards  for  the disposal  of  waste 
in  the  European  Union  and  to  stimulate  waste  prevention  via  recycling  and  recovery  of  waste.  Of 
key  importance  is  the  objective  of  creating  a  level  playing  field  for  the  cost  of  disposal  which 
consequently  will  prevent  the  unnecessary  transport  of  waste.  Today  in  Member  States  the  price 
charged  for  landfilling  of  waste  does  not  appear  to  reflect  the  actual  cost  for  the  environment  and 
for  society  in  general.  In the new Proposal,  Member  States are required  to  ensure  that  externalities 
are internalised when the cost for landfilling  of waste is estimated. 

The  Community  has  adopted  provisions  for  the  incineration  of waste  in  Directives  89/369,  89/429 
and  94/67. Without  Community  provisions  for  landfills,  there  is a considerable  risk that  shipments 
of waste will  increase  in order to bring  waste to landfill,  which now - in the  absence  of  appropriate 

2  SI 

( 9 6) 

6 05 

environmental  standards - is considerably  less expensive. Such shipments would  also go against the 
objective  of Regulation 259/93 which seeks to reduce, as far as possible, all waste shipments. 

Subsidiarity 

The  Proposal  is  compatible  with  the  principles  of  subsidiarity.  It  seeks  to  introduce  uniform 
standards for landfilling  throughout the Union. Different  national  standards would not only  increase 
the present  divergence  in  environmental  standards  between  certain  regions  of  the  Community  but 
could  also  stimulate  increased  shipments  of  waste  within  Europe.  This  will  not  encourage  sound 
waste management in those regions of the Community where it is most needed. 

The introduction of limits for landfilling  of biodegradable waste in the new Proposal  also  represents 
a high level of respect for the principle of subsidiarity. This Provision allows Member  States to take 
account  of  local  conditions.  Thus,  the  Proposal  will  allow  Member  States  flexibility  in  choosing 
which  way  the  reduction  targets  for  landfilling  of  biodegradable  waste  are  to  be  achieved.  This 
flexibility  is incorporated  in order  to  ensure that  Member  States  can  apply  the  best  option  to  meet 
their particular national conditions. 

IV. NEW ELEMENTS 

Since  the  Commission  adopted  the  first  Proposal  in  1991,  the  waste  management  sector  has 
developed  extensively.  New technologies  and new  knowledge  about  products  and  substances  have 
put  the  focus  on  the  necessity  of  waste  reduction  and  waste  prevention.  This  has  resulted  in  a 
change  of  waste  management  procedures  in  the  majority  of  Member  States.  In  the  light  of  these 
developments  and the comments  of the European  Parliament  a number  of new  elements  have  been 
introduced  in the Proposal. The most important elements are listed below. 

Reduction  of the landfilling  of biodegradable  waste 

The Landfill  Proposal  introduces provisions to reduce the landfilling  of biodegradable  waste and to 
ensure  that  the  gases produced  in new  as  well  as  existing  landfills  are  collected,  treated  and  used. 
Thus, a limit for  the disposal  of biodegradable waste has been introduced.  This provision  aims  both 
at  reducing  the  methane  emissions  from  landfills  and  at  encouraging  the  separate  collection  of 
biodegradable  waste  to  reduce  landfilling  of  waste  in  general.  Thus,  the  reduction  targets  for  the 
landfilling  of  biodegradable  waste  aims  at  promoting  sorting  in  general,  recovery  and  recycling. 
Several  Member  States have  already  introduced  limits  or guidelines  for  biodegradable  waste  going 
to landfills. These include Germany, Austria, Finland, France and the Netherlands. 

A recent study  estimates the average % of biodegradable waste in municipal  waste in Europe at 20-
50%.  The  introduction  of  a  continuous  phase  out  of  biodegradable  waste  going  to  landfill  will 
require  Member  States  to  start  establishing  other  waste  management  systems  for  biodegradable 
waste.  However,  in  accordance  with  the  principle  of  subsidiarity,  Member  States  will  be  allowed 
flexibility  in choosing  the way in which the reduction  of landfilling  of biodegradable  waste  is to  be 
achieved.  Biodegradable  waste  can  be collected,  sorted  and  then  submitted  to  national  composting 
facilities,  biogas  or  incineration  plants.  Home-composting  in  rural  areas  can  be  introduced  and 

3 Cost-Benefit  analysis of the different Municipal waste  management 
systems: objective  and  instruments  for the year  2000,  Coopers  and 
Lybrand,  19 96 

recycling  systems  for  that  proportion  of  the  biodegradable  waste  which  is  paper  can  be 
implemented. 

Since the political agreement on the Common Position was reached in  1995 focus has also turned to 
the problem  of methane  production  in  general, not  least  from  landfills.  Methane  contributes  to  the 
increase of atmospheric  and earth  surface  temperatures,  and thus to the  "global  greenhouse  effect". 
It is currently  second to carbon dioxide in contributing to global warming. The main  anthropogenic 
emission sources can be identified  in the sectors of agriculture, waste and energy. Waste  contributes 
32 % the total amount of methane produced and most of that 32% comes from  landfills. 

In the context  of the  Community  Strategy  in relation  to climate  change the  Commission  adopted  a 
Strategy Paper for reducing methane emissions. The overall conclusions relating to waste  treatment 
and disposal  in this  Strategy  are that reduced  landfilling  of waste is the most  effective  option at the 
lowest cost. It also recommends methane recovery and utilisation together with aerobic treatment of 
organic  waste.  The  new  Proposal  for  a  Landfill  Directive 
these 
recommendations, as composting and biogas treatment represent alternative options to landfilling  of 
biodegradable  waste.  Composting  represents  an  aerobic  treatment  of  biodegradable  waste  which 
generates compost and carbondioxide  and biogas plants represent the most efficient  way to  generate 
and utilise methane gas. 

line  with 

is  fully 

in 

Pre-treatment of waste before  landfilling 

In line with the development and practices in several Member  States and the overall  Community 
Waste Strategy, a provision is introduced which requires waste to be treated before  it is  landfilled. 
The purpose of this treatment is to reduce the volume or hazardous nature of the waste and thus to 
facilitate  its handling and enhance recovery. Pre-treatment is defined  as "the physical, 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". This broad 
definition  of pre-treatment has been introduced to encourage methods other than incineration prior 
to landfilling  of waste. 

Ban on disposal of used tyres 

The  disposal  of  used  tyres  (whole  and  shredded)  will  be  prohibited.  The  Priority  Waste  Stream 
Working  Group  on  used  tyres,  which  was  set  up  by  the  Commission  in  1991,  proposed  a  ban  on 
landfilling  of tyres  in  its final conclusions  of  September  1993. This has been  taken  into  account  in 
the  Proposal  in  order  to  prevent  landfilled  tyres  from  making  the  sites  unstable  and  to  reduce  the 
risk  of  fire.  The  ban  on  landfilling  of  both  whole  tyres  and  shredded  tyres  will  encourage  the 
recovery of tyres and thus save resources. 

Increased cost of  landfilling 

As  reflected  in  the  review  of  the  Community  Strategy  on  Waste  Management,  Member  States 
should  ensure  that  the  price  charged  for  the  disposal  of  any  type  of  waste  in  a  landfill  covers  at  a 
minimum  all  costs  involved  in the  setting  up and  operation  of the  site. The  price,  however,  should 
also  include  the  cost  of  the  financial  security  as  well  as  the  estimated  costs  of  the  closure  and 
aftercare  of  the  site  for  a  period  of  at  least  50 years.  This  provision  aims  at  restoring  the  balance 
between the costs of landfilling  of waste, which at present tend to be too  low, and the costs of other 
treatment  methods,  such  as  environmentally  sound  recovery  operations,  for  which  the  costs  are 
relatively  high.  In  the  Common  Position  it  was  stated  that  Member  States  had  to  ensure  that  the 

price to be charged for the disposal of any type of waste in a landfill  should cover all costs  involved 
in  setting  up  and  operation  of the  site. In the new  Proposal,  Member  States  are  required  to  ensure 
that the costs also cover the closure and aftercare  of the site. 

No joint-disposal  of hazardous and non-hazardous waste 

Joint-disposal  of  hazardous  and  non-hazardous  waste  will  be  prohibited  by  this  Proposal.  In  the 
majority  of  Member  States  joint-disposal  of  hazardous  and  non-hazardous  waste  is  no  longer 
practised.  Also,  already  in the  Common  Position  of  the  Council  of  1995  it  was  stated  that  joint-
disposal should be phased out within the next five years. The benefits  for the environment, will be a 
decrease  in  the  contamination  of  soil  and  ground  water  and  an  improvement  in  the  control  of 
landfills. 

General requirements for  landfills 

The  general  environmental  requirements  for  all  classes  of  landfills  (Annex  I) have  been  improved 
by  introducing  a minimum  distance  from  landfills  to  residential  areas, by  emphasising  the  surface 
sealing  of  the  sites,  by  prohibiting  the  spreading  of  dirt  from  sites  onto  public  roads  and  the 
surrounding  land  and  finally  by  requiring  fencing  and  control  of  access  to  the  sites  for  security 
reasons in order to avoid illegal dumping. 

Stricter provisions for existing  landfills 

For existing  landfills  the provisions are made stricter. A conditioning plan is to be presented  within 
3 years  after  the entry  into  force  of the  Proposal  and the plan  is to be implemented  five  years  after 
this  date. As  already  mentioned,  the provisions  on the  collection,  treatment  and  use  of  the  landfill 
gases apply also to existing  landfills. 

Remote  areas 

Small islands with only one landfill  and isolated  settlements with difficult  access - for these notions 
objective  criteria  have  been  fixed  -  may  be  exempted  from  some  provisions  of  the  directive. 
Appropriate  safeguards  have been taken to ensure that exemptions  are not used too widely  and that 
the exempted areas are not being used for uncontrolled  landfilling. 

V.  Economic  considerations 

The  proposed  directive  is  expected  to  generate  significant  environmental  benefits  in  terms  of 
reduced  amounts  of  waste  disposed  in  landfills  and  increased  safety  of  landfills  including  lower 
methane  emissions, reduced  risk of leakages  and  less  site disamenities. The  achievement  of  these 
results will necessarily  involve  some economic  consequences. These  can  be described  in terms of 
static and  dynamic  costs. The Directive  requires that landfill  installations comply  with a number  of 
technical  standards,  regardless  of  the  waste  volume  going  to  landfill.  These  costs  of  building  and 
operating  landfill  sites  in  compliance  with  the  proposed  measures  represent  the  static  impact. 
However, 
the  Directive  also  has  a  wider  scope  than  simply  regulating  the  current  practice  of 
landfill.  In  conformity  with  the  European  Waste  Strategy,  the  Directive  aims  at  diverting  waste 
from  the  bottom  to  the  top  of  the  waste  hierarchy,  that  is  from  landfilling  towards  prevention  and 
recovery. The costs of displacing  landfill  with more environmentally  friendly  options represent  the 
dynamic  impact. 

The static costs engendered  by the Directive  depend  on the way  landfill  sites are actually  operated. 
A  landfill  site that  is  already  properly  managed  is  likely  to  incur  little  or no  compliance  costs.  On 
the  contrary  unregulated  or  illegal  landfill  sites, whose  building  and  operating  costs  by  definition 
are  practically  zero,  are  bound  to  demand  some  financial  resources  to  comply  with  the  proposed 
measures. According to a recent  study  , the European average cost of landfill  of municipal  waste is 
about  32 ECU  per  tonne  in urban  sites  and  20 ECU  in rural  sites  (1993 prices). This difference  is 
accounted for by the cost of land, which is by far the most important cost element. 

Article  5 of the proposed  Directive requires that the landfilling  of biodegradable  waste is  gradually 
reduced  over a period often  years  . In order to achieve this objective, Member States have to divert 
biodegradable  waste  from  landfill  to  other  waste  management  systems,  which  for  some  Member 
States will require new  investments  and incur various operating costs. National  waste policies  and 
management  strategies differ  across the Community. While it therefore  is difficult  to predict  precise 
costs  of  any  combined  waste  treatment  methods-as  it  depends  on  the  particular  strategy  chosen, 
available  information  shows that many  Member  States already are succeeding  in reducing  not  only 
the  total  volume  of  municipal  waste  going  to  landfill,  but  also  the  proportion  of  biodegradable 
waste going to  landfill. 

It is clear, however, that Member  States presently  relying almost entirely on landfilling  will have to 
make  more  efforts 
to  meet  the  targets  set  in  Article  5.  On  the  other  hand,  Member  States,  that 
already  have  reduced  their  use  of  landfilling  will be  in line with the Directive  objectives  and  will 
therefore  not  incur  any  additional  costs.  Finally,  there  is  a  group  of  Member  States  that  recently 
have  introduced  forward  looking  national  waste  management  strategies  to  reduce  the  use  of 
landfilling.  For  these  the  net  costs  that  may  result  from  the  implementation  of  this  Directive  will 
only  represent  the  difference  between  what  the  objectives  of  the  Directive  require  and  what  the 
Member  States have planned  already. 

The  implementation  of  the  Directive  will  generate  several  economic  as  well  as  environmental 
advantages.  First  ,  the  diversion  of  waste  away  from  landfill  and  into  other  waste  treatment 
methods  will  reduce  both  ground  water  and  soil pollution  and  restoration  and  clean  up  costs  This 
will also result in reduced resource costs and - with increased recycling - more opportunities  for  eco 
buisinesses.  The  investments  in  alternative  waste  treatment  facilities  such  as  composting  plants, 
recycling  and  incineration  will  also  create  increased  employment  opportunities  Secondly,  the 
Directive  will result  in  a reduction  of Methane  emissions. As discussed  above, the  global  warming 
potential  of  methane  is  significantly  higher  than  the  GWP  for  C02.  Reduction  of  biodegradable 
waste is a cost effective  way of contributing to the reduction of global warming. Moreover  methane 
recuperation  for  energy  generation  is  also  encouraged  by  the  Directive.  Finally  , the  proposal  will 
reduce the disamenities connected with current landfill  practices. 

Cost-benefit  analysis of  the different Municipal waste  management 

systems: objectives  and  instruments  for the year  2000,  Coopers  & 
Lybrand,  19 96 

VI. Explanation of the provisions of the proposal. 

Article 1 
The  aim  of  the  landfill  Directive  is 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,  as  well  as  the  resulting  risks  to  human  health  from  landfilling  of 
waste. 

Article 2 
This Article provides definitions.  The different  categories of wastes (inch  municipal, hazardous, non-
hazardous, inert) and landfills are defined as well as definitions of treatment of waste, leachate, landfill 
gas, eluate, operator, biodegradable waste, holder, applicant, competent authority and liquid waste. 

Article 3 
This  Article  defines  the  scope  of  the  Directive  and  excludes  the  spreading  of  sludges  (including 
sewage  sludge  and  sludges  resulting  from  dredging  operations),  the  use  of  inert  waste  (suitable  in 
redevelopment/restoration  and filling-in work  or  for  construction  purposes),  the  deposit  of  dredging 
sludges alongside small waterways and the deposit of unpolluted soil. 

Article 4 
The landfills  are classified  in 3 categories: for hazardous waste, for non-hazardous waste and for  inert 
waste. 

Article 5 
In order to prevent risks for the environment  a uniform  waste acceptance procedure  is defined,  based 
on the classification  procedure for waste acceptable in the different  categories of landfill. The types of 
waste which are noi acceptable for landfill are: 

all biodegradable waste (reduction targets are set for 2002,2005 and 2010). 
liquid waste 
flammable or highly flammable waste 
explosive or oxidising waste 
infectious hospital or clinical waste 
used tyres  (except bicycle tyres and tyres with a diameter of more than  1400 mm) 
other waste which does not fulfil  the acceptance criteria in Annex II. 

Also Article  5 states that  dilution  of waste  in order to meet the acceptance  criteria  is prohibited,  but 
waste may be treated for the purpose of consolidating or stabilising it. 

Article 6 
Article 6 states that Member States must ensure that: 

all waste has been subject to treatment before  landfilling 
only hazardous waste that fulfils  the criteria in Annex II is assigned to a hazardous  landfill 
landfill  for non-hazardous waste may be used for municipal and non-hazardous waste 
inert waste landfills  are used only for inert waste. 

Article 7 
In accordance with the general licensing requirements already set down in Directive  75/442/EEC it is 
necessary to introduce a specific permit procedure. An application for a landfill  permit must contain at 
least particulars of the  following: 

the identity of applicant 
the types and quantity of wastes 
the capacity of landfill  site 
a hydrogeological and geological description 
the methods for pollution prevention 
an operation plan 
a plan for closure and  aftercare 
an impact assessment 
the financial  security by the applicant. 

Article 8 
For the conditions of the permit Member States must ensure that: 

the landfill project complies with the requirements of the Directive 
the management of the site will be in hands of a technically competent person 
adequate provisions has been or will be made by the applicant 
the landfill project is compatible with the relevant waste management plan 
the competent authority inspect the site prior to the commencement of disposal operations. 

Article 9 
The permit shall include: 

a description of the class of the landfill 
a list of defined types and quantities of waste 
details of requirements for landfill preparations and landfilling  operations 
details of monitoring and control procedures 
details of obligations on the applicant to report at least annually to the competent authority  on 
types and quantities of waste 
the results of the monitoring programme. 

Article 10 
Article  10 states that the fixing  of rates for waste disposal in landfill  is to cover all the costs involved 
in the setting up and operation of the landfill, including the aftercare  and site closure costs. As a result 
the rates fixed should reflect the true cost for the whole life-time of a landfill. 

Article 11 
For the waste acceptance procedures, Member States shall take measures in order  to ensure that: 

the holder or the operator can show that the waste in question can be accepted at the landfill 
reception procedures are respected by the operator (checking of waste documentation, visual 
inspection of waste at the entrance, registration of quantities and characteristics) 
the operator always provide written  certification 
if waste is not accepted at a landfill the operator shall notify the competent authority. 

Article 12 
This  article  recognises  that  common  control  and  monitoring  procedures  are  necessary  in  order  to 
identify  any possible  adverse  environmental  effects  of the  landfill.  To this  end  Member  States  shall 
take measures to ensure that: 

the operator of a landfill carries out a control and monitoring programme (as specified  in 
Annex III) 
the operator notifies the competent authority of any significant  adverse environmental  effects 
revealed by the control and monitoring procedures 
analytical operations are carried out by competent laboratories. 

Article 13 
For closure procedures Member States shall ensure that: 

under the authorisation of the competent authority, at the request of the operator or by 
reasoned decision of the competent authority, a landfill  only starts closure procedures when the 
relevant conditions stated in the permit are met 
a landfill may only be considered definitively  closed after final on-site inspection by the 
competent authority 
after closure the operator is responsable for the maintenance of the site, for the monitoring and 
analysing of landfill  gas emissions, for the control of  leachate from the si^e and into 
groundwater as long as the competent authority considers that a landfil! is likely to cause a 
hazard for the environment. 

Article 14 
For existing landfill  sites Member States shall ensure that landfills which are already in operation may 
not continue to operate unless, within a period of three years after  this Directive enters into force,  the 
operator presents a conditioning plan for the site. Following the presentation of this plan the competent 
authorities  shall  take  a  definite  decision  on  whether  operations  may  continue.  On  the  basis  of  the 
approved  site-conditioning  plan,  the  competent  authority  shall  lay  down  a  transitional  period  for 
completion of the plan and this plan shall be implemented within five years after entry into force of the 
Directive. For landfills  for hazardous waste Articles 4,5,6 and  11 and Annex II shall apply within two 
years of transposition of this Directive. 

Article 15 
This  Article  defines  the  obligation  of  Member  States to  send  a report  on  the  implementation  of  the 
Directive to the Commission every three years. 

Article 16 
Any  amendments  necessary  for  adapting  the  Annexes  to  this  Directive  to  scientific  and  technical 
progress  and  any  proposal  of  standardisation  in  relation  to  the  landfill  of  waste  shall  be  adopted  in 
accordance with the procedures  laid down  in Article  18 of Directive  75/442/EEC and in Article  17 of 
this Directive 

Article 17 
In  this  Article  the  Committee  procedures  are  stated.  The  Committee  procedures  shall  follow  the 
procedures as referred  to in the Council Decision 87/373/EEC, Article 2, Procedure III (a). 

Article 18 
The laws, regulations and administrative procedures necessary to comply with the Directive shall enter 
into force before 30 June 2000. 

10 

PROPOSAL FOR A 

COUNCIL DIRECTIVE 

on the landfill of waste 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article  130s(l) 
thereof, 

Having regard to the proposal from the Commission  , 

Having regard to the Opinion of the Economic and Social Committee  , 

Acting in accordance with the procedure laid down in Article  189c of the Treaty  , 

OJ 
OJ 
Opinion of the European Parliament  of. 

11 

Whereas  the  Council  resolution  of  7 May 1990  on  waste  policy  welcomes  and  supports  the 
Community  strategy  document  and  invites the  Commission  to propose  criteria  and  standards  for  the 
disposal of waste by  landfill; 

Whereas  the  Council  Resolution  of  9  December  1996 on  waste  policy  considers  that,  in  the  future, 
only safe and controlled landfill activities should be carried out throughout the Community; 

Whereas the prevention,  recycling  and  recovery  of waste  should  be encouraged  as  should  the  use  of 
recovered materials and energy so as to safeguard natural resources and obviate wasteful  use of land; 

Whereas, like any other type of waste treatment, landfill  should be adequately monitored and managed 
to prevent or reduce potential adverse effects  on the environment and risks to human health; 

Whereas  it  is  necessary  to  take  appropriate  measures  to  avoid  the  abandonment,  dumping  or 
uncontrolled disposal of waste; whereas, accordingly, it must be possible to monitor landfill  sites with 
respect to the  substances  contained  in the waste deposited  there; whereas  such  substances  should,  as 
far as possible, react only in foreseeable ways; 

Whereas  both  the  quantity  and  toxicity  of  waste  intended  for  landfill  should  be  reduced  where 
appropriate; whereas the use of pre-treatment processes should therefore  be encouraged to ensure that 
landfill is compatible with the objectives of this Directive; 

Whereas Member  States  should  be  able  to  apply  the principles  of proximity  and  self-sufficiency  for 
the  elimination  of  their  waste  at  Community  and  national  level,  in  accordance  with  Council 
Directive 75/442/EEC  of  15 July  1975  on  waste  ; whereas  the  objectives  of  this  Directive  must  be 
pursued and clarified  through the establishment  of an adequate, integrated  network  of disposal  plants 
based on a high level of environmental protection; 

Whereas  disparities  between  technical  standards  for  the  disposal  of  waste  by  landfill  and  the  lower 
costs associated  with  it  might  give rise to  increased  disposal  of waste  in facilities  with  low  levels  of 
environmental protection and thus create a potentially  serious threat to the environment,  owing  to the 
transport of waste over unnecessarily long distances as well as to inappropriate disposal practices; 

Whereas  it  is  therefore  necessary  to  lay  down  technical  standards  for  the  landfill  of  waste  at 
Community  level  in  order  to  protect,  preserve  and  improve  the  quality  of  the  environment  in  the 
Community; 

Whereas  it is necessary  to indicate clearly  the requirements with which  landfill  sites must  comply  as 
regards  location, conditioning,  management,  control, closure  and preventive  and  protective  measures 
to be taken against any threat to the environment  in the short as well  as in the  long-term  perspective, 
and more specifically  against the pollution of groundwater by leachate infiltration  into the soil; 

Whereas  in  view  of  the  foregoing  it  is  necessary  to  define  clearly  the  classes  of  landfill  to  be 
considered and the types of waste to be accepted in the various classes of landfill; 

OJ No L  194, 25.7.1975, p. 39. Directive  as last  amended  by Decision  94/3/EC  (OJ  No  L 5, 

7.1.1994, p. 15). 

12 

Whereas  measures  must  be taken  to reduce  the production  of methane  gas from landfills  in order  to 
reduce global warming, through the reduction of the landfill  of organic waste and the requirements to 
introduce landfill  gas control; 

Whereas  the  measures  taken  to  prevent  the  landfill  of  organic  waste  also  aims  at  encouraging  the 
separate collection of organic waste, sorting in general, recovery and recycling. 

Whereas  waste  shall  be  treated  before  it  is  landfilled  to  reduce  its  volume,  hazardous  nature  and  to 
facilitate its handling or enhance recovery. Sorting is included in the definition  of treatment; 

Whereas, because of  the particular  features of  the landfill  method of waste disposal, it is necessary to 
introduce a specific permit procedure for all classes of landfill  in accordance with the general licensing 
requirements  already  set  down  in  Directive 75/442/EEC,  and  the  general  requirements  of  Directive 
96/61/EC  concerning  integrated  pollution  prevention  and  control9;  whereas  the  landfill  site's 
compliance  with  such  a  permit  must  be  verified  in  the  course  of  an  inspection  by  the  competent 
authority before the start of disposal operations; 

Whereas,  in  each  case,  checks  should  be  made  to  establish  whether  the  waste  may  be  placed  in the 
landfill for which it is intended; 

Whereas, in order to prevent threats to the environment,  it is necessary  to introduce  a uniform  waste 
acceptance  procedure  on  the  basis  of  a classification  procedure  for  waste  acceptable  in  the  different 
categories of landfill,  including in particular standardised limit values; whereas to that end a consistent 
and  standardised  system  of waste characterisation,  sampling  and analysis must be established  in time 
to  facilitate  implementation  of  this  Directive;  whereas  the  acceptance  criteria  must  be  particularly 
specific with regard to inert waste; 

Whereas, pending  the  establishment  of  such methods  of analysis  or of the  limit  values necessary  for 
characterisation,  Member  States may  for  the purposes  of this Directive maintain  or draw up  national 
lists of waste which is acceptable or unacceptable for landfill, or define criteria, including limit values, 
similar to those laid down in this Directive for the uniform  acceptance procedure; 

Whereas  it  is  necessary  to  establish  common  monitoring  procedures  during  the  operational  and 
aftercare  phases  of  a  landfill  in  order  to  identify  any  possible  adverse  environmental  effect  of  the 
landfill and take the appropriate corrective measures; 

Whereas  it  is necessary  to  define  when  and  how a  landfill  should  be closed  and  the  obligations  and 
responsibility of the operator of  the site during the aftercare  period; 

Whereas the future  conditions of operation of existing landfills  should be regulated in order to take the 
necessary measures, within a specified period of time, for their adaptation to this Directive on the basis 
of a site-conditioning plan; 

Whereas  the  operator  should  make  adequate  provision  by  way  of  a  financial  security  or  any  other 
equivalent  to  ensure  that  all  the  obligations  flowing  from  the  permit  are  fulfilled,  including  those 
relating to the closure procedure and aftercare  of the site; 

OJNo  L  257,10.10.96,p.26. 

13 

Whereas under the polluter pays principle it is necessary, inter alia, to take into account any damage to 
the  environment  caused  by a landfill;  whereas, as a result,  it  shall  be ensured  that  rates  for  waste 
disposal in a landfill  are fixed in such a way as to cover all the costs involved in the setting up and 
operation of the facility, including as far as possible the financial  security or its equivalent which the 
site  operator  must  provide,  the  cost  of  closing  the  site  and  the  cost  of  any  necessary  aftercare 
measures, so as to ensure that these rates reflect the true costs for the whole life-time of a landfill and 
that these costs are not borne by the public purse; 

Whereas it is necessary to ensure the proper application of the provisions implementing this Directive 
throughout  the  Community,  and  to  ensure  that  the  training  and  knowledge  acquired  by  landfill 
operators and staff afford them the necessary skills; 

Whereas the Commission must establish a standard procedure for the acceptance of waste and set up a 
standard classification  of waste acceptable in a landfill  in accordance with the committee procedure 
laid down in Article 18 of Directive 75/442/EEC; 
Whereas  adaptation  of  the  Annexes  to  this  Directive  to  scientific  and  technical  progress  and  the 
standardisation  of the monitoring, sampling and analysis methods must be adopted  under the same 
committee procedure; 

Whereas the Member States must send regular reports to the Commission on the implementation of 
this Directive, 

14 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

Overall objective of the landfill Directive 

With a view to meeting the requirements of Directive 75/442/EEC, and in particular Articles  3 and 4 
thereof, the  aim  of this  Directive  is 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,  as  well  as the  resulting  risks  to  human  health,  from  landfilling  of 
waste. 

Article 2 

Definitions 

For the purposes of this Directive: 

(a) 

(b) 

(c) 

"waste" shall mean any substance or object which is covered by Directive 75/442/EEC as 
amended by Directive 91/156/EEC; 

"municipal waste" shall mean waste from households, as well as commercial, industrial, 
institutional and other waste which, because of its nature or composition, is similar to waste 
from households; 
"hazardous waste" shall mean any waste which is covered by Council Decision 94/904/EC10 
establishing a list of hazardous waste pursuant to Article  1  (4) of Council Directive 
91/689/EEC on hazardous waste  ; 

(d) 

"non-hazardous waste" shall mean waste which is not covered by paragraph (c); 

(e) 

"inert  waste"  shall  mean  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; 

10 

il 

OJNoL356,31.12.1994, p. 14 
OJ No L 377, 31.12.1991, p. 20. Directive as amended  by Directive 94/31/EC (OJ No  L 168, 

2.7.1994, p. 28). 

15 

(f) 

"landfill" shall mean a waste disposal site for the deposit of waste on to or into land, 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 excluding  facilities  where waste is unloaded  in 
order  to  permit  its  preparation  for  further  transport  for  recovery,  treatment  or  disposal 
elsewhere, and temporary (i.e. less than one year) deposit of waste prior to recovery, treatment 
or disposal; 

(g) 

"treatment"  shall  mean the physical, 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; 

(h) 

(i) 

(j) 

(k) 

(1) 

(m) 

"leachate" shall mean any liquid percolating through the deposited waste and emitted from or 
contained within a landfill; 

"landfill  gas" shall mean all the gases generated from the landfilled waste; 

"eluate" shall mean the solution obtained by a simulated laboratory leaching test; 

"operator"  shall mean the natural or legal person responsible for  a landfill  in accordance with 
the  internal  legislation  of  the  Member  State  where  the  landfill  is  located;  this  person  may 
change from the preparation to the aftercare phase; 

"Biodegradable waste" shall mean any waste that is capable of undergoing anaerobic or 
aerobic decomposition. 

"holder" shall mean the producer of the waste or the natural or legal person who is in 
possession 

of it; 

(n) 

"applicant" shall mean any person who applies for a landfill permit under this Directive 

(o) 

. " "competent authority" shall  mean that authority which the Member states designate as 

responsible for performing the duties arising from this Directive; 

(p) 

"liquid waste"  shall mean any waste in liquid form including waste waters but excluding 
sludge; 

Article 3 

Scope 

1. 

2. 

- 

Member States shall apply this Directive to any landfill as defined  in Article 2(f). The 
provisions of this Directive shall apply without prejudice to the provisions of the Directive 
96/61 /EC concerning integrated pollution prevention and control. 

Without prejudice to existing Community legislation, the following  shall be excluded from the 
scope of this Directive: 

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

16 

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

the deposit of dredging sludges alongside small waterways from where they have been 
dredged out; 

the deposit of unpolluted soil or of non-hazardous inert materials resulting from the  extracting 
of mineral resources. 

Without prejudice to Directive 75/442/EEC Member States may declare, at their own option, 
parts or all of Articles 6(4), 7(9), 8(lc),  10, 11 (la, b & c)  12(1),  12(3), Annex I no. 3 and 4, 
Annex II (except  point  3, level  3 and point 4) and Annex III no. 3 to  5 of this Directive  not 
applicable 

a)  to  landfill  sites  for  non-hazardous  or  inert  waste  with  a  total  capacity  of  J 0.000  tons, 
serving  islands, where this is the only  landfill  on the island  and where this is  exclusively 
destined for the disposal of waste generated on that island; 

b)  to landfill  sites for non-hazardous or inert waste in isolated settlements with  difficult 
access, if the landfill  site is destined for the disposal of waste generated only by that 
isolated  settlement; 
"isolated  settlement" shall mean a settlement 

with no more than 500 inhabitants per municipality and no more than five 
inhabitants per square kilometer and, 
with no access road that can be used by heavy goods vehicles of 3,5 tons above, 
and, 
where the distance to the nearest urban agglomeration with at least 250  inhabitants 
per square kilometer is not less than 50 km. 

Within two years after the entry into force of this Directive, Member  States shall notify  to 
the Commission the list of islands and isolated settlements that are exempted. The 
Commission  shall publish the list of islands and isolated settlements. 

Article  4 

Classes  of  landfill 

Each landfill  shall be classified  in one of the following classes: 

- 

- 

- 

landfill  for hazardous waste, 

landfill  for non-hazardous waste, 

landfill  for inert waste. 

17 

Article 5 

Waste and treatment not acceptable for  landfill 

1) 

Member  States  shall  set  up  a  national  strategy  for  implementation  of  the  reduction  of 
biodegradable  municipal  waste  going to landfills,  at the entry  into force  of this Directive  and 
notify the Commission of this strategy. 

The total amount of biodegradable municipal waste going to landfills must not exceed the 
following targets: 

By 2002, biodegradable municipal waste going to landfills must - as far as possible - be 
reduced to 75% of the  total amount (by weight) of biodegradable municipal waste produced in 
1993. 

By 2005, biodegradable municipal waste going to landfills must be reduced to 50% of the 
total amount (by weight) of biodegradable municipal waste produced in 1993. 

By 2010, biodegradable municipal waste going to landfills must be reduced to 25% of the 
total amount (by weight) of biodegradable municipal waste produced in  1993. 

The  year  of  reference  for  the  reduction  will  be  1993  as  this  is  the  latest  year  for  which 
standardised  EUROSTAT  data  is  available.  Member  States  shall  establish  systems  for 
monitoring  both the total  amount  of municipal  waste  going to  landfills  and the proportion  of 
this  waste which  is biodegradable,  within two years  of the  entry  into  force  of this  Directive. 
This information  shall be made available to the competent National  and Community  statistical 
authorities when requested for statistical purposes. 

2) 

Member States shall ensure that the following wastes are not accepted in a landfill: 

a) 

b) 

c) 

d) 

liquid  waste,  unless  authorised  under  Article  6(4);  The  Commission,  acting  in 
accordance with the procedure laid down in Article  16, shall within two years of entry 
into force of this Directive establish sampling and analytical methods for liquid waste; 

waste  which,  in  the  conditions  of  landfill,  is  explosive,  corrosive,  oxidising,  highly 
flammable  or flammable, as defined  in Annex III to Directive 91/689/EEC; 

hospital  and  other  clinical  wastes  arising  from  medical  or  veterinary  establishments, 
which are infectious  as defined  (property H9 in Annex III) by Directive 91/689/EEC on 
hazardous waste, and waste falling within category  14 (Annex LA) of that Directive; 

whole used tyres from  two years from the date of entry into force  of this Directive and 
shredded used tyres five years from this date (excluding  in both instances bicycle tyres 
and tyres with an outside diameter above  1400 mm); 

18 

e) 

any other type of waste which does not fulfil  the acceptance criteria determined in 
accordance with Annex II; 

Member States shall ensure that: 

3) 

4) 

the  dilution  or  mixture  of  waste  solely  in  order  to  meet  the  waste  acceptance  criteria  is 
prohibited. 

with  the  authorisation  of  the  competent  authority  and  in  accordance  with  Article  2(3)  of 
Directive 91/689/EEC, hazardous waste may be treated for the purpose of consolidating or 
stabilising it. 

Article 6 

Waste to be accepted in the different  classes of landfill 

Member States shall ensure that: 

1) 

2) 

only waste that has been subject to treatment is landfilled; 

only hazardous waste that fulfils  the criteria set out in accordance with Annex II is assigned to 
a hazardous waste landfill; 

3) 

landfill for non-hazardous waste may be used: 

(a) 

for municipal waste; 

(b) 

for non-hazardous waste of any other origin; 

4) 

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

Article  7 

Application  for  a permit 

Member States shall ensure that the application for a landfill permit must contain at least particulars of 
the following: 

1) 

the identity of the applicant and of the operator when they are different entities; 

2) 

3) 

4) 

the description of the types and total quantity of waste to be deposited; 

the proposed capacity of the disposal site; 

the description of the site, including its hydrological and geological characteristics; 

19 

5) 

6) 

7) 

8) 

9) 

the proposed methods for pollution prevention and abatement; 

the proposed operation, monitoring and control plan; 

the proposed plan for the closure and aftercare procedures; 

where an impact assessment is required under Council Directive 85/337/EEC of 27 June 1985 
on the assessment of the effects  of certain public and private projects on the environment13, the 
information provided by the developer in accordance with Article 5 of that Directive; 

the  financial  security  by  the  applicant,  or  any  other  equivalent  provision,  as  required  under 
Article 8(l)(c)  of this Directive. 

Following a successful  application for a permit, this information  shall be made available to the 
competent national and Community statistical authorities when requested for statistical purposes. 

Article  8 

Conditions of the permit 

Member States shall ensure that: 

1) 

The competent authority does not issue a landfill permit unless it is satisfied  that: 

(a) 

(b) 

(c) 

the  landfill  project  complies  with all the requirements  of this  Directive,  including  the 
Annexes; 

the  management  of  the  landfill  site  will  be  in  the  hands  of  a  technically  competent 
person;  professional  and  technical  development  and training  of  landfill  operators  and 
staff are provided; 

adequate  provisions, by way  of a financial security  or any other  equivalent  (e.g. bank 
guarantee), on the basis of modalities to be decided by Member States, have been made 
by  the  applicant  at  the  time  of  receiving  the  permit  to  ensure  that  the  obligations 
(including aftercare  provisions) arising under the permit issued under the provisions of 
this Directive are discharged and that the closure procedures required by Article  13 are 
followed.  This  security  or  its  equivalent  shall  be  kept  as  long  as  required  by 
maintenance and aftercare  operation of the site in accordance with Article  13 para 4; 

(d) 

the  landfill  project  is  compatible  with  the  relevant  waste  management  plan  or  plans 
referred  to in Article 7 of Directive 75/442/EEC; 

2) 

prior  to  the  commencement  of  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. 

13  OJ No L 175, 5.7.1985, p. 40. 

20 

Article 9 

Content of the permit 

Specifying  and supplementing the provisions set out in Article 9 of Directive 75/442/EEC the  landfill 
permit shall state at least the following: 

(a) 

the class of the landfill; 

(b) 

(c) 

(d) 

the list of defined types and quantities of waste which are authorised to be deposited in the 
landfill; 

requirements  for  the  landfill  preparations,  landfilling  operations  and  monitoring  and  control 
procedures,  including  contingency  plans 
(Annex  III  (4)  (B)),  as  well  as* provisional 
requirements for the closure and aftercare operations; 

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 in Articles  12 and  13 of,  and Annex III. 

Article 10 

Cost of the landfill of waste 

Member  States  shall  ensure  that  the  minimum  price to  be charged  by  all public  and  private  landfill 
operators for the disposal of any type of waste in a landfill  shall cover at least all costs involved  in the 
setting  up  and  operation  of  the  site,  including  as  far  as  possible  the  cost  of  the  financial  security 
referred  to  in  Article  8 (l)(c),  and  the  estimated  costs  of the  closure  and  aftercare  of  the  site  for  a 
period  of at least  50 years. Member  States  shall  ensure transparancy  in the collection  and use  of  any 
necessary cost  information. 

Article  11 

Waste  acceptance  procedures 

1)  Member States shall take measures to ensure that, prior to accepting the waste at the landfill  site: 

a)  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  can  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 Annex II; 

21 

b)  the following reception procedures are respected by the operator: 

checking  of  the  waste  documentation,  including  those  documents  required  by 
Article 5(3) of Directive 91/689/EEC and, where they apply, those required by Council 
Regulation  (EEC)  No 259/93  of  1  February  1993  on  the  supervision  and  control  of 
shipments of waste within, into and out of the European Community14; 

visual  inspection  of  the  waste  at  the  entrance  and  at  the  point  of  deposit  and,  as 
appropriate,  verification  of  conformity  with 
the 
documentation  submitted  by the holder.  If representative  samples have to be taken in 
order to  implement  Annex II, (3) level  3, the results of the analyses  shall  be kept  and 
the  sampling  shall  be  made  in  conformity  with  Annex 11,(5). These  samples •shall  be 
kept at least one month; 

the  description  provided 

in 

keeping  a  register  of  the  quantities  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. 
This  information  shall  be  made  available  to  the  competent  national  and  Community 
statistical authorities when requested for statistical purposes; 

c)  the operator of the landfill  shall always provide written certification  of each delivery  accepted 

on the site; 

d)  notwithstanding  the provisions  of Regulation  (EEC) No 259/93, if waste  is not  accepted  at  a 
landfill the operator shall notify the competent authority of the non-acceptance of the waste; 

For  landfill  sites  which  have  been  exempted  from  provisions  of  this  Directive  by  virtue  of 
Article 3(3), Member States shall take the necessary measures to provide for 

-  regular visual inspection of the waste at the point of deposit in order to ensure that only non-
hazardous or inert waste from the island or the isolated settlement is accepted at the site; and 

-  a register on the quantities of waste that are deposited at the site be kept. 

Article  12 

Control  and  monitoring  procedures  in the  operational  phase 

Member  States shall take measures in order that control and monitoring procedures  in the  operational 
phase meet at least the following requirements: 

1) 

2) 

the operator of a landfill  shall carry out during the operational phase a control and  monitoring 
programme as specified  in Annex III; 

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 

14  OJ No  L  30, 6.2.1993,  p.  1. Regulation  as  amended  by  Decision  94/721/EC  (OJ  No  L 288, 

9.11.1994, p. 36.). 

22 

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. 

At a frequency  to be determined  by the competent  authority,  and  in any  event  at  least at the 
end  of  each  calendar  year,  the  operator  shall  report,  on  the  basis  of  aggregated  data,  all 
monitoring  results  to the  competent  authorities  for  the purpose  of  demonstrating  compliance 
with permit conditions and increasing the knowledge on waste behaviour in the landfills. 

3) 

the quality control of the analytical operations of the control and monitoring procedures and/or 
of the analyses referred to in Article  1 l(2)b are carried out by competent laboratories. 

Article 13 

Closure procedure 

Member States shall ensure that, in conformity  with the permit: 

1 ) 

a landfill or part of it shall start the closure procedure: 

(a) 

when the relevant conditions stated in the permit are met, or 

(b) 

under the authorisation of the competent authority, at the request of the operator, or 

(c) 

by reasoned decision of the competent authority; 

2) 

3) 

4) 

a  landfill  or  part  of  it  may  only  be  considered  as  definitively  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 authorisation for the closure.  This shall not 
in any way reduce the responsibility of the operator under the conditions of the permit; 

after  a  landfill  has  been  definitively  closed,  -the  operator  shall  be  responsible  for  its 
maintenance, monitoring  and control  in the aftercare  phase for  as long as may be required  by 
the  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  procedures  and  shall  follow  the  decision  of  the  competent 
authority on the nature and timing of the corrective measures to be taken; 

for as long as the competent authority considers that a landfill  is likely to cause a hazard to the 
environment, the operator of the site shall be responsible for monitoring and analysing  landfill 
gas  and  leachate  from  the  site  and  the  groundwater  regime  in  the  vicinity  of  the  site  in 
accordance with Annex III. 

23 

Article  14 

Existing  landfill  sites 

Member  States shall  ensure that  landfills  which have been granted  a permit,  or which are already  in 
operation  at the time  of transposition  of this Directive, may  not  continue to  operate  unless the  steps 
outlined below are accomplished as soon as possible and within five years after the entry into force  of 
this Directive at the latest. 

1) 

within a period of  three years after this Directive enters into force, the 
operator of a landfill  shall prepare and present to the competent authorities, for their approval, 
a  conditioning  plan for  the  site including the particulars  listed  in Article 8 and any  corrective 
measures which the operator considers will be needed; 

If the competent authority determines that, as a consequence of an evaluation of the effects  of 
the  landfill  on the  environment,  the  landfill  complies  with the  objectives  of this  Directive  as 
defined  in Article  1, it may be unnecessary to implement corrective measures; 

The operator of a landfill  shall take the necessary measures to comply with the requirements of 
Annex  I(4)of  this  Directive.  The  measures  shall  be  implemented  within  five  years  from  the 
entry into force of this Directive; 

following  the  presentation  of  the  conditioning  plan,  the  competent  authorities  shall  take  a 
definite decision on whether operations may continue on the basis of the said conditioning plan 
and this Directive.  Member States shall take the necessary measures to close down as soon as 
possible,  in  accordance  with  Articles  7(7)  and  13,  sites  which  have  not  been  granted,  in 
accordance with Article 8, a permit to continue to operate; 

on the basis of the approved site-conditioning plan, the competent authority  shall authorise the 
necessary  work  and  shall  lay  down  a transitional  period  for  the completion  of the plan.  This 
plan shall be implemented within five years after the entry into force of the Directive; 

within two years  from  the entry  into force  of this Directive, Articles 4, 5, 6,  11 and Annex II 
shall apply to landfills for hazardous waste. 

2) 

3) 

4) 

Article  15 

Obligation  to  report 

At  intervals  of  three  years  Member  States  shall  send  to  the  Commission  a  report  on  the 
implementation  of  this  Directive.  The  report  shall  be  drawn  upon  the  basis  of  a  questionnaire  or 
outline  drafted  by  the  Commission  in  accordance  with  the  procedure  laid  down  in  Article 6  of 
Directive 91/692/EEC15.  The  questionnaire  or  outline  shall  be  sent  to  Member  States  six months 

15  OJ No L 377, 31.12.1991, p. 48. 

24 

before the start of the period covered by the report.  The report shall be sent to the Commission within 
nine months of the end of the three-year period covered by it. 

The  Commission  shall  publish  a  Community  report  on  the  implementation  of  this  Directive  within 
nine months of receiving the reports from the Member States. 

Article 16 

Committee 

Any  amendments  necessary  for  adapting  the  Annexes  to  this  Directive  to  scientific  and  technical 
progress  and  any  proposals  for  the  standardisation  of  control,  sampling  and  analysis  methods  in 
relation  to  the  landfill  of  waste  shall  be  adopted  by  the  Commission,  assisted  by  the  Committee 
established  by Article  18 of Directive  75/442/EEC and  in accordance  with the procedure  set  out  in 
Article  17  of  this  Directive.  Proposals  for  the  standardisation's  of  control,  sampling  and  analysis 
methods in relation to the Annexes of  this Directive shall be adopted by the Commission, assisted by 
the Committee, within two years after entry into force of this Directive. 

The Commission, assisted by the Committee, will adopt provisions for the harmonisation  and regular 
transmission of the statistical data referred to in Articles 5, 7 and  11 of this Directive, within two years 
after the entry into force of this Directive, and for the amendment of such provisions when necessary. 

Article 17 

Committee Procedures 

The  Commission  shall  be  assisted  by  a  Committee  composed  of the  representatives  of the  Member 
States  and  chaired  by  the  representative  of  the  Commission.  The  representative  of  the  Commission 
shall  submit  to  the  Committee  a draft  of the  measures to  be taken.  The  Committee  shall  deliver  its 
opinion on the draft  within a time limit which the chairman may lay down according to the urgency of 
the matter. The opinion shall be delivered by the majority  laid down in Article  148(2) of the EC Treaty 
in the case of decisions  which the Council  is required  to adopt on a proposal  from  the  Commission. 
The votes of the representatives  of the Member  States within the Committee  shall be weighted  in the 
manner set out in that Article. The chairman shall not vote. 

The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the 
Committee. If the measures envisaged  are not in accordance with the opinion  of the committee, or if 
no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating 
to the measures to be taken. The Council shall act by a qualified  majority. 

If  on  the  expire  of  a  period  to  be  laid  down  in  each  act  to  be  adopted  by  the  Council  under  this 
paragraph but which may  in no case exceed three months from the date of referral  to the Council, the 
Council has not acted, the proposed measures shall be adopted by the Commission. 

25 

Article 18 

Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary to comply with this Directive before 30 June 2000.  They shall forthwith inform the 
Commission thereof. 

When Member States adopt these measures, they shall contain a reference to this Directive or 
shall  be  accompanied  by  such  reference  on  the  occasion  of  their  official  publication.  The 
methods of making such a reference shall be laid down by Member States. 

2. 

Member States shall communicate the texts of the provisions of national law which they adopt 
in the field covered by this Directive to the Commission. 

Article  19 

Entry  into  force 

This Directive will enter into force on the day of its publication in the Official  Journal of the European 
Communities. 

Article  20 

This Directive  is addressed to the Member  States. 

Done at Brussels, 

For the Council 
The President 

26 

ANNEX! 

GENERAL RETIREMENTS FOR ALL CLASSES OF LANDFTLLS 

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  and 
waterways,  water  bodies  and  other,  agricultural  or  urban  sites  ensuring  a  minimum 
separation of 
0,5 km in the case of municipal waste landfills and 2 km 
in the case of hazardous waste landfills from residential 
areas. 

(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 natural or cultural patrimony in the area. 

1.2. 

The  landfill  can  be  authorised  only  if,  following  an  environmental  impact  assessment  if 
required  under  Directive 85/337/EEC, 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; 

27 

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  surfacewater 
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 top line* 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  (k) in terms of protection of soil,  groundwater 
and surface water at least equivalent to the one resulting from the following requirements: 

-  Landfill  for hazardous waste: 

K < 1,0 x  10"9 m/s.  ;thickness > 5 m. 

-  Landfill for non-hazardous waste: 

K < 1,0 x  10"9 m/s.  ;thickness > 1  m. 

-  Landfill  for inert waste: 

K < 1,0 x  10'7 m/s.  ;thickness > 1  m. 

m/s = metre/second 

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: 

28 

T .«achate collection and bottom sealing 

====r3^3ïr7mmmTrTrT^m-—mT'•a'm• 

LANDFILL CATEGORY 
Artificial  sealing liner 
Drainage layer3 0,5 m 

— — • — « • • M U N I.  ••  !••»•»•••  «*•••  ^.i... 

i 

— — ~ g » . . _. 

— 

- — —— 

— ^ — • — —— 

, 

. , ,,  — 

I non hazardous 

required 
required 

I 

— — — — • — — - — ^ — — -. 

I hazardous 
required 
required 

Member  States  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 
Gas drainage layer 

Artificial  sealing liner 

Impermeable mineral layer 

Drainage layer3 0,5 m 

Top soil cover3  1 m 

I 

I 

| non hazardous 

required 

| 

| hazardous 
not 

required 

not 

required 

required 

required 

required 

I 

require 

require 

require 

require 

I 

d 

d 

d 

Li! 

3.4. 

If, on  the  basis  of  an  assessment  of  environmental  risks  taking  into  account,  in  particular, 
Directive 80/68/EEC16,  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  2 and  3 above  may  be  reduced 
accordingly. 

3.5. 

The method to be used for the determination of the permeability coefficient  for landfills,  in the 
field and for the whole extension of the site, is to be developed and approved by the committee 
referred to in Article  16 of this Directive. 

4. 

Gas control 

Appropriate measures shall be taken in order to control the accumulation and migration 
of landfill  gas (Annex III). 

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. 

16  OJ No L 20, 26.1.1980, p. 43. Directive as last amended  by Directive  91/692/EEC  (OJ No L 

377,  31.12.1991, p. 48.). 

29 

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 of 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 
barrier. 

7. 

Fencing 

The landfill  shall be surrounded by fencing  sufficient  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. 

30 

WASTE ACCEPTANCE CRITERIA AND PROCEDURES 

ANNEX II 

1. 

Introduction 

This Annex describes: 

- 

general principles for acceptance of waste at the various classes of landfills.  The future  waste 
classification procedure should be based on these principles; 

guidelines  outlining  preliminary  waste  acceptance  procedures to  be  followed  until  a  uniform 
waste classification  and acceptance procedure has been adopted.  This procedure will, together 
with the relevant sampling procedures, be developed by the Technical Committee referred to in 
Article  16 of this Directive. 

This  work  by  the  technical  committee  shall  be  completed  within  three  years  after  adoption  of  the 
Directive  and  must  be  carried  out  having  regard  to  the  objectives  set  forth  in  Article  1  of  this 
Directive. 

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  future  waste  acceptance  procedures 
described  in this  Directive  shall  as  far  as possible  be based  on  standardised  waste  analysis  methods 
and limit values for the properties of waste to be accepted. 

Before  the  definition  of  such  analysis  methods  and  limit  values,  Member  States  should  at  least  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  the 
equivalent  criteria, and  the analysis methods and limit values shall be sent to the Commission  within 
six months of the transposition of this Directive or whenever they are adopted at national level. 

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 Article 9 of the Directive. 

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; 

31 

- 

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 
harmful/hazardous components (in relation to the above mentioned protection criteria); 

the  potential  and  expected 

leachability  of 

specified,  potentially 

- 

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: 

Level 2: 

Level 3: 

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. 

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. 

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 
It  may  merely  consist  of  a  visual 
described  in  the  accompanying  documents. 
inspection of a load of waste before and after unloading at the landfill site. 

32 

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  at 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 or temporarily from testing at level  1.  This may be 
due to  impracticability  of testing, to  unavailability  of  appropriate  testing  procedures  and  acceptance 
criteria or to overriding legislation. 

4. 

Guidelines for preliminary waste acceptance procedures 

Until this Annex  is fully  completed  only  level  3 testing is mandatory  and  level  1 and  level  2 
applied  to  the  extent  possible.  At this preliminary  stage 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 as defined  in Article 2(e) can be accepted on the list. 

non-hazardous  waste  landfills:  In  order  to  be  accepted  on  the  list  a  waste  type  must  not  be 
covered by Directive 91/689/EEC. 

hazardous  waste  landfills:  A  preliminary  list  for  hazardous  waste  landfills  would  consist  of 
only those waste types covered by Directive 91/689/EEC.  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 

Sampling of waste may pose serious problems with respect to representation and techniques 
owing to the heterogeneous nature of many wastes.  A European standard for sampling of 
waste will be developed.  Until this standard is approved by Member States in accordance with 
Article  16 of this Directive, the Member States may apply national standards and procedures. 

33 

CONTROL AND MONITORING PROCEDURES 
IN OPERATION AND AFTER-CARE PHASES 

ANNEX ITT 

1. 

Introduction 

The purpose of this Annex is to provide the minimum procedures for monitoring to be carried out to 
check: 

that waste has been accepted for disposal in accordance with the criteria set for the caftegory  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 

Under  their  reporting  obligation  (Article  15),  Member  States  should  supply  data  on  the 
collection method  for  meteorological  data.  It is up to Member  States to decide how the  data 
should be collected (in situ, national meteorological network, etc.). 

34 

Should Member States 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 rearest meteorological station, as long as 
required by the competent authority in accordance with Article  13(3) of this Directive: 

1.1 

Volume of precipitation 

Operation phase 
Daily 

1.2 
1.3 
1.4  * 

Temperature (min., max., 14.00h CET) 
Direction and force of prevailing wind 
Evaporation (lysimeter)UJ 

Daily 
Daily 
Daily 

1.5 

Atmospheric humidity (14.00h CET) 

Daily 

Aftercare  phase 
Daily, added to 
monthly values 
Monthly average 
Not required 
Daily, added to 
monthly values 
Monthly average 

(1) Or through other suitable methods. 

3. 

Emission data: water, leachate and gas control 

Sampling  of leachate  and  surface  water  if present  must be  collected  at 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. 

2.1 

Leachate volume 

Leachate composition 

(2) 

Volume and composition of surface 
water .(7) 

Operating phase 
MonthlyUJW 

Quarterly00 

Quarterly00 

Aftercare  phase 
every six months 

W 

every six months 

every six months 

Potential gas emissions and 
atmospheric pressure 
(CH4,C02,02,H2S,H2 etc.) 
The frequency of sampling could be adapted on the basis of the morphology of the  landfill 

every six months 

(4) 

Monthly1 (3)(5) 

35 

2.2 

2.3 

2.4 

(1) 

The parameters to be measured and the substances to be analysed vary according to the 

If the evaluation of data indicates mat longer intervals are equally effective, they may be 

waste (in tumulus, buried, etc.). This has to be specified in the permit. 
(2) 
composition of the waste deposited; they must be laid down in the permit document and reflect the 
leaching characteristics of the wastes. 
(3) 
adapted.  For leachates, conductivity must always be measured at least once a year. 
(4) 
(5) 
deposited, with a view to reflecting its leaching properties. 
Efficiency  of the gas extraction system must be checked regularly. 
(6) 
(7) 
On the basis of the characteristics of the landfill site, the competent authority may determine 
that these measurements are not required, and will report accordingly in the way laid down in Article 
15 of the Directive. 

These measurements are related mainly to the content of organic material in the waste. 
CH4, C02, 02 regularly, other gases as required, according to the composition of the waste 

2.1 and 2.2 apply only where leachate collection takes place (see Annex 1(2)) 

36 

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

, 

17 
change in water quality  . 

Operation phase 
Every six months 
Site-specific frequencyl/Â:>; 

Aftercare  phase 
Every six months^ 
Site-specific 
If there are fluctuating  groundwater levels, the frequency must be increased. 
The frequency must be based on possibility for remedial actions between two samplings if a 

Level of groundwater 
Groundwater  composition 
(1) 
(2) 
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. 

frequencyu^j 

C. 

Trigger levels 

Significant  adverse environmental effects,  as referred to in Articles  12 and  13 of this Directive, 
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. 

17  Recommended parameters: pH, TOC, phenols, heavy metals, fluoride, AS, oil/hydrocarbons. 

37 

The observations must be evaluated by means of control charts with established control rules 
and  levels  for  each  downgradient  well.  The control  levels  must  be  determined from local 
variations in groundwater quality. 

5. 

Topography of the site: data on the landfill body 

5.1 

Structure and composition of landfill  body{l} 

After-care phase 

Operating 
phase 
Yearly 

Settling behaviour of the level of the landfill body 
5.2 
(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. 

Yearly reading 

Yearly 

38 

ISSN 0254-1475 

COM(97) 105 final 

DOCUMENTS 

EN 

14 

Catalogue  number  :  CB-CO-97-095-EN-C 

ISBN  92-78-16726-6 

Office  for  Official  Publications of the European  Communities 

L-2985  Luxembourg