CELEX: 51991PC0102
Language: en
Date: 1991-05-22
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE LANDFILL OF WASTE

22. 7 . 91                              Official Journal of the European Communities                                  No C 190/1
                                                                II
                                                        (Preparatory Acts)
                                                   COMMISSION
                                    Proposal for a Council Directive on the landfill of waste
                                                         (91/C 190/01)
                                                     COM(91)102 SYN 335
                                       (Submitted by the Commission on 23 April 1991)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas any disparity between the laws and technical
                                                                     standards of the Member States on the landfill of waste can
 Having regard to the Treaty establishing die European              distort the conditions of competition and thereby directly
 Economic Community, and in particular Article 100a                  affect the establishment and functioning of the internal
 thereof,                                                           market;
 Having regard to the proposal from the Commission,                 Whereas the disparity between technical standards and
                                                                    control and operating procedures in landfills gives rise to
                                                                    differences in the cost of waste disposal and thus affects the
 In cooperation with the European Parliament,                       conditions of competition;
 Having regard to the opinion of the Economic and Social            Whereas in view of what is said above it is necessary to dearly
 Committee,                                                         define the classes of landfill to be considered and the types of
                                                                    waste to be accepted in the different classes of landfill;
 Whereas the resolution of the Council of 7 May 1990 on
 waste policy ( ! ) adopts the Community strategy document          Whereas it is necessary to clearly point out which are the
 and invites the Commission to propose criteria and standards       general requirements with which landfills must comply,
 for disposal of waste by landfill;                                 dealing with location, development, control and protective
                                                                    measures to be taken, in particular against the pollution of
Whereas there is a need, in a Community without internal            groundwater by leachate infiltration into the soil;
 frontiers, to harmonize the technical standards for the
landfill of waste on a high level of environmental                  Whereas it is necessary to harmonize the permit procedures
 protection;                                                        for all classes of landfills according to die general licensing
                                                                    requirements already set down in Council Directive
                                                                    75/442/EEC of 15 July 1975 (2) on waste, as amended by
Whereas it is considered necessary to take the appropriate
                                                                    Directive 91/156/EEC (3), and to die particular aspects of
measures to avoid the abandonment, dumping or
                                                                    landfill as required in this Directive;
uncontrolled disposal of waste;
                                                                    Whereas it is necessary to avoid disparities in the waste
Whereas disparities between technical standards for the             acceptance procedures in different landfills, and for this a
disposal of waste by landfill might give rise to preferential       homogeneous system of waste sampling, characterization
disposal of waste in facilities with low standards of               and analysis will have to be fixed;
environmental protection, where disposal costs are inferior,
and thus create a potentially serious threat to the
                                                                    Whereas it is necessary to establish common control
environment, due to unnecessarily long transport of the
                                                                    procedures during the operation and aftercare phases of a
wastes as well as to inappropriate disposal practices;
                                                                   (2) OJ No L 194, 25. 7. 1975, p. 39.
(») OJ No C 122, 18. 5. 1990, p. 2.                                 (3) OJ No L 78, 26. 3. 1991, p. 32.
 ---pagebreak--- No C 190/2                                   Official Journal of the European Communities                                    22. 7. 91
landfill in order to identify any possible adverse                      According to its characteristics, waste is classified as:
environmental effect of the landfill and take the appropriate
corrective measures;                                                    — 'hazardous waste',
Whereas it is necessary to define when and how a landfill               — 'non-hazardous waste',
should be closed and the obligations of the operator on the
                                                                        — 'inert waste'.
site during the aftercare period;
Whereas it is necessary to regulate the conditions in which
existing landfills shall operate and the measures to be taken
for their adaptation to the conditions laid down in this                                           Article 3
Directive;
                                                                                                  Definitions       ,
Whereas an old operating site should be corrected as far as
possible in order to mitigate its possible negative                     For the purposes of this Directive:
 environmental impact;
                                                                        (a) 'municipal waste' means domestic refuse, as well as
Whereas in compliance with the 'polluter pays' principle the                 commercial or trade refuse and other waste which,
 price charged for waste disposal in a landfill shall cover at               because of its nature or composition, is similar to
 least all the costs involved in the setting up, operation and               domestic refuse;
 aftercare of the facility;
                                                                        (b) 'industrial waste' means waste arising from
 Whereas in order to provide sufficient funds for the control of             manufacturing or industrial activities or processes;
 a closed site it is proposed to create a 'Landfill aftercare fund'
 to ensure that closed landfills are properly monitored during          (c) 'hazardous waste' means any waste which is covered by
 the aftercare phase and appropriate curative action can be                  Council Directive 78/319/EEC of 20 March 1978 on
 taken if needed;                                                            toxic and dangerous waste (*);
                                                                        (d) 'inert waste' means waste that, when deposited into a
 Whereas, with a view to following the evolution of waste
                                                                             landfill, does not undergo any significant physical,
 disposal by landfill, it is considered necessary to provide
                                                                             chemical or biological transformations and which
 data,
                                                                             complies with the eluate criteria set out in Annex III;
                                                                        (e) 'landfill' means a waste disposal site used for the
                                                                             controlled deposit of the waste onto or into land;
 HAS ADOPTED THIS DIRECTIVE:
                                                                        (f)  'mono-landfilF means a landfill site or a part of it where
                                                                             only one defined type of waste is deposited; meaning by
                                                                             this waste which is comparable with respect to origin,
                               Article 1                                     composition, and the characteristics of their
                                                                             leachates;
                         Field of application
                                                                        (g) 'transfer station' means a facility where waste is
  1.     Member States shall apply this Directive to any landfill            unloaded in order to permit its preparation for further
 as defined in Article 3 (e).                                                transport for recovery, treatment or disposal
                                                                             elsewhere;
 2.      Transfer stations as defined in Article 3 (g) and
 facilities for the storage of waste as defined in Article 3 (h)        (h) 'storage' means the controlled temporary deposit of
 shall be excluded from the scope of this Directive.                         waste prior to recovery, treatment or disposal. Waste to
                                                                             be stored for more than one year (long-term storage) will
                                                                             have to be stable, non-reacting waste, otherwise it will
                                                                             have to be previously stabilized. Permanent or indefinite
                               Article 2                                     storage shall be considered as equivalent terms to
                                                                             landfill;
                           Types of waste
                                                                        (i)  'treatment' means the physical, chemical or biological
 For the purposes of this Directive 'waste' means any                        processes that change the characteristics of the waste in
 substance or object which is covered by Directive                           order to reduce its volume or hazardous nature,
 75/442/EEC.                                                                 facilitate its handling or enhance recovery;
                                                                        (j)  leachate' means any water percolating through the
 According to its origin, waste is classified as:
                                                                             deposited waste and emitted from or contained within a
 — 'municipal waste',                                                        landfill;
 — 'industrial waste'.                                                  (') OJ No L 84, 31. 3. 1978, p. 43.
 ---pagebreak--- 22. 7. 91                                  Official Journal of the European Communities                                    N o C 190/3
(k) 'landfill gas' means all the gases generated from the                (a) the application is complete and in accordance with
     landfilled waste;                                                         this Directive;
(1) 'eluate' means the solution obtained by a simulated                  (b) the applicant (owner and / or operator of the facility)
     laboratory leaching test;                                                 responds to the appropriate technical and financial
                                                                               specifications required to establish and operate a
(m) 'operator' means the natural or legal person responsible
                                                                               landfill;
     for a landfill.
                                                                         (c) the landfill project complies with all                   the
                                                                               requirements laid down in this Directive;
                           Article 4
                                                                         (d) the landfill project is compatible with the waste
                       Classes of landfill                                     disposal plans established pursuant to Article 7 of
                                                                               Directive 75/442/EEC;
1. Depending on the types of waste to be deposited the
    following classes of landfill will be considered within the       2. prior to the commencement of disposal operations, the
    scope of this Directive:                                             competent authority shall carry out an inspection of the
                                                                         site in order to ensure that it complies with the conditions
    — landfill for hazardous waste,                                      of the permit.
    — landfill for municipal and non-hazardous wastes and
        for other compatible wastes, as defined in the
        compatibility criteria set out in Annex III,                                              Article 8
    — landfill for inert waste.
                                                                                          Content of the permit
2. Each landfill shall be classified according to the terms of
    this Directive.                                                   1. In accordance with the provisions set out in Article 9 of
                                                                         Directive 75/442/EEC, the landfill permit shall state at
3. A landfill may receive a multiple classification, provided            least the following:
    that the disposal operations are carried out in separate
                                                                         (a) the list of defined types of waste to be permitted or
    areas of the site, and that each of these areas complies
                                                                               excluded in the landfill;
    with the specific requirements set for that class of
    landfill.                                                            (b) the requirements for the landfilling operations and
                                                                               control procedures as well as for the closure and
4. Independently of their type, wastes can be assigned to a                    aftercare operations.
    mono-landfill, as defined in Article 3 (f). Mono-landfills
    will have to comply with the requirements fixed for the           2. The permit may be revised. In order to revise a permit,
    class of landfill to which they belong, according to the             the procedures set out in Articles 6, 7 and 8 (1) of this
    type of waste deposited in them.                                      Directive shall apply.
                           Article 5
                                                                                                  Article 9
       General requirements for all classes of landfill
                                                                                     Waste not acceptable for landfill
A landfill must comply with the necessary requirements set
out in Annexes I, III and IV in order to avoid environmental          Member States shall ensure that:
damage.
                                                                      1. the following wastes shall not be accepted in a
                                                                         landfill:
                           Article 6
                                                                          — wastes in liquid state, unless compatible with the type
                   Application for a permit                                   of wastes acceptable in each individual landfill, and
                                                                              with the operating procedure of the site (Annex IV:
The application for a landfill permit, as required in Article 9               water balance).
of Directive 75/442/EEC shall fulfil at least the
                                                                          — wastes which, in the conditions of landfill, are
requirements and procedures as specified in Annex II.
                                                                              explosive, oxidizing, highly flammable                   or
                                                                              flammable, as defined by Directive 78/319/EEC,
                            Article 7                                     — waste arising from medical or veterinary
                                                                              establishments which is infectious as defined by
                   Conditions of the permit                                   Directive 78/319/EEC,
Member States shall ensure that:                                          — any other type of waste which does not fulfil the
                                                                              criteria specified in Annex III, unless it is assigned to a
1. The competent authority shall not issue a landfill permit                  mono-landfill as indicated in Article 10 (4) of this
    unless:                                                                   Directive;
 ---pagebreak--- No C 190/4                               Official Journal of the European Communities                                      22. 7. 91
2. no dilution of waste in order to meet the waste                           the beneficial interactive processes that occur
   acceptance criteria shall be permitted either before or                   between the different types of waste when mixed
   during the landfill operations                                            (Compatibility criteria: Annex III);
                                                                    6. inert waste landfill sites shall be used only for inert waste
                                                                        that complies with the criteria set out in Annex III. If
                          Article 10
                                                                        necessary, in order to meet the criteria, waste with a
                                                                        majority of inert components shall be previously sorted
  Waste to be accepted in the different classes of landfill             or treated to separate those components that might
                                                                        give rise to any physical, chemical or biological
Member States shall ensure that:                                        transformation.
1. with the objective of guiding the different types of waste
   to be disposed of to the appropriate class of landfill the
   assessment of the characteristics of the waste with respect                                 Article 11
   to landfilling requirements will be made by reference
   to:
                                                                                    Waste acceptance procedures
   — the origin of the waste,
                                                                    Member States shall take measures in order that:
   — the composition of the waste,
   — the leaching and compatibility characteristics of the          1. the operator of a landfill shall accept waste only if, before
       waste with respect to the eluate and compatibility              or at the time of delivery, the holder can show, by means
       criteria set out in Annex III;                                  of the appropriate documents, that the waste in question
                                                                       can be accepted in that site, according to its class and the
2. hazardous wastes that fulfil the eluate criteria set out in         conditions set in the permit, and that it fulfils the
   Annex III shall be assigned to a hazardous waste landfill           acceptance criteria (Annex III);
   unless, if compatible with municipal waste, they are
   assigned to a landfill for municipal and non-hazardous           2. the operator of a landfill shall be responsible for:
   wastes and for other compatible wastes;
                                                                       (a) checking of the waste documentation;
3. hazardous wastes not fulfilling the eluate criteria shall be
   treated before disposal in a hazardous waste landfill;              (b) visual inspection and control of the waste at the
                                                                             entrance and at the tipping front;
4. hazardous wastes not fulfilling the eluate criteria set out
   in Annex III and which cannot be treated, or are not                (c) the application, if required according to the
   compatible for joint disposal with municipal waste, or                    provisions laid down in Annex III, of a sampling and
   any other type of wastes of a precise type, origin or                     analysis programme of the waste delivered. This
   composition, can be assigned to a mono-landfill. Specific                 programme can be carried out by an approved
   requirements shall be fixed by the competent authority                    laboratory contracted by the operator or by the
   for these particular landfills according to the nature of                 operator himself if he possesses adequate and
   the wastes to be deposited;                                               approved laboratory facilities;
                                                                       (d) keeping a register of the quantities and
5. landfill for municipal, non-hazardous and other
                                                                             characteristics of the wastes deposited, indicating
   compatible wastes landfill sites can be used for:
                                                                             origin, date of delivery, producer, and, in the case of
   (a) municipal waste;                                                      hazardous waste, the precise location on the site;
   (b) non-hazardous wastes of any other origin;                       (e) reporting on a yearly basis to the competent
                                                                             authority on the types and quantities of waste
   (c) liquid wastes and sludges compatible with the                         disposed of and on the results of the control
        landfilled wastes and with the operation procedure                   programme, as required in this Article and in Annex
        of the site (Annex IV: water balance). Particular                    IV;
        precautions shall be taken when disposing of liquid
        wastes to prevent the formation of aerosols as well
                                                                    3. when the producer or the holder of the waste is a frequent
        as to promote uniform trickling and thus avoid
                                                                       user of the landfill, he must reach a written contractual
        the occurrence of preferential paths through the
                                                                       agreement with the operator of the site in order to deliver
        landfill;
                                                                       his waste to the landfill. The document shall describe the
                                                                       general characteristics of the waste delivered;
   (d) any other wastes or mixture of wastes compatible
        with the landfilled wastes, if their joint disposal
        supposes any advantage with respect to waste               4. the operator of the landfill shall always provide written
        management and environmental protection, due to                justification of each delivery accepted on the site. This
 ---pagebreak--- 22. 7. 91                                   Official Journal of the European Communities                                  No C 190/5
    document can be considered as evidence of the disposal                 a closed landfill shall always receive a final cover in order
    of the waste and also as an agreement by single users of               to accommodate the site to its future uses and integrate it
     the landfill;                                                         in the surrounding landscape.
5. if waste is not accepted at a landfill the holder shall return          The type and characteristics of the cover to be applied
     it to the producer unless another adequate means of                   shall take into consideration the class of landfill,
    disposal, complying with all the necessary requirements,               the types of waste deposited and the particular
     can be found;                                                         characteristics of the site in order to control its further
                                                                           development;
6. the responsibility for the acceptance of waste on a landfill
     falls upon the site operator.                                         prior to the commencement of the total or partial closure
                                                                           of a landfill, the operator shall present to the competent
                                                                           authority the information required in Annex II and in
                                                                           particular on the measures to be provided for the
                           Article 12                                      monitoring and control of surface run-off water, gas and
                                                                           leachate emissions from the landfill, and for the
  Control procedures in operation and aftercare phases                     protection and monitoring of groundwater as indicated
                                                                           in Annex IV;
Member States shall take measures in order that:
                                                                           a landfill or part of it may only be considered as definitely
1. the operator of a landfill shall carry out during the                   closed after the competent authority has carried out a
    landfill operation and aftercare phases a control                      final on-site inspection and has communicated to the
    programme as specified in Annex IV;                                    operator its permit for the closure;
2. the operator shall notify the competent authority if any
                                                                           after a landfill has been definitively closed, the operator
    adverse environmental effects are discovered as a result
                                                                           shall be in charge of its maintenance, monitoring and
    of the control procedures and, in all cases, the operator
                                                                           control in the aftercare phase for a period of 10 years or
    must notify the competent authority of the nature and
                                                                           for a shorter period if the competent authority authorizes
    timing of the proposed measures to be taken;
                                                                           it.
3. corrective measures shall be taken, at the expense of the
    operator, if adverse environmental effects from the
    landfill operation are discovered. These measures may be
    subject to direction by the competent authority and may                                         Article 14
    be carried out by that authority if the operator does not
    carry them out himself;                                                               Civil liability of operator
4. qualified laboratories responsible for the quality control          The operator shall be liable under civil law for the damage
    of the analytical operations of the control procedures are         and impairment of the environment caused by the landfilled
    designated.                                                        waste, irrespective of fault on his part.
                           Article 13                                                               Article IS
                       Closure procedure
                                                                                            Existing landfill sites
Member States shall ensure that:
                                                                       Member States shall ensure that:
1. a landfill or part of it shall start the closure
    procedure:                                                         1. landfills which have been granted a permit, or which are
                                                                          already in operation at the time of notification of this
    (a) when it has reached its capacity, that is, when the               Directive, may not continue to operate unless they
          definitive height of the waste deposited reaches the            comply with the provisions set out in points 2 and 3;
          height defined in the landfill project required for the
          permit or expressed in it, or
                                                                       2. to be able to continue to operate, the operators of the
    (b) by decision of the owner of the site, with the                    sites referred to in point 1 shall apply to the competent
          authorization of the competent authority, or                    authority for a confirmation of their permit or, in the
                                                                          event that the facility does not comply with the terms of
    (c) by decision of the competent authority.                           this Directive, for the issue of a new or revised permit.
                                                                          The competent authority shall not grant the permit
   Whatever the case the competent authority has to justify               unless the future operation of the remaining part of the
   its decision;                                                          site meets the conditions laid down in this Directive;
 ---pagebreak--- No C 190/6                                  Official Journal of the European Communities                                         22. 7. 91
3. within a period of five years after the date of                     3.     The fund shall not cover the costs that can be directly
     implementation of this Directive:                                 charged to the landfill operator as long as he is liable.
     (a) the operator of a landfill shall, if required, prepare        4.     The operator of each landfill shall contribute to the
           and present to the competent authorities, for their         'Landfill aftercare fund' in the light of the class of landfill and
           approval, a conditioning plan for the site supplying        of the types and tonnage of the wastes landfilled. The
           the information required in Annex II,                       financial guarantee set out in Article 17 does not free the
                                                                       operator from contribution to the Fund.
     (b) the competent authorities shall consider the demand
           and reach a definite conclusion,
     (c) the operator shall carry out the conditioning plan of                                    Article 19
           the site;
                                                                                            Obligation to report
4. if after five years after the date of implementation of this
     Directive there are previously existing landfills which           1.     Each year, and for the first time on              , Member
     do not have a permit for continuing operations,
                                                                       States shall forward to the Commission a report on the
     the competent authorities shall take the appropriate
                                                                       landfill of waste containing the information necessary for the
     measures for the closure of those sites.
                                                                       Commission to evaluate the compliance with the terms of this
                                                                       Directive.
                            Article 16                                 2.     On the basis of the report referred to in paragraph 1,
                                                                       the Commission shall publish a consolidated report every
                                                                       three years, and for the first time on
                   Cost of the landfill of waste
Member States shall ensure that the price to be charged for
the disposal of any type of waste in a landfill shall cover at                                    Article 20
least all the costs involved in the setting up and operation of
the site, as well as the estimated costs of the closure and                                       Committee
aftercare of the facility.
                                                                       The amendments necessary for adapting the Annexes to this
                                                                       Directive to scientific and technical progress and proposals
                                                                       of standardization about control, sampling and analysis
                            Article 17                                 methods in relation to the landfill of waste, shall be adopted
                                                                       in accordance with the following procedure.
                       Financial guarantee
                                                                       The Commission shall be assisted by a committee composed
Member States shall ensure that, at the time of receiving a            of the representatives of the Member States and chaired by
permit, the operator provides, by whichever means, a                   the representative of the Commission.
financial guarantee or any other equivalent, fixed by the
competent authority, whose purpose shall be to cover the               The representative of the Commission shall submit to the
estimated costs of the closure procedures and aftercare                committee a draft of the measures to be taken. The
operations of the landfill. This guarantee shall be kept as long       committee shall deliver its opinion on the draft within a time
as the operator is in charge of the maintenance and aftercare          limit which the chairman may lay down according to the
operations of the site.                                                urgency of the matter. The opinion shall be delivered by the
                                                                       majority laid down in Article 148 (2) of the EEC Treaty in the
                                                                       case of decisions which the Council is required to adopt
                                                                       on a proposal from the Commission. The votes of the
                            Article 18
                                                                       representatives of the Member States within the committee
                                                                       shall be weighted in the manner set out in that Article. The
                     Landfill aftercare fund                          chairman shall not vote.
1.     Member States shall ensure the establishment of one or
                                                                       The Commission shall adopt the measures envisaged if they
more 'Landfill aftercare funds' whose structure is to be fixed
                                                                       are in accordance with the opinion of the committee.
by the competent authorities.
                                                                      If the measures envisaged are not in accordance with the
2.     The purpose of these funds shall be:                           opinion of the committee, or if no opinion is delivered, the
(a) to cover the normal aftercare costs of closed landfills;          Commission shall, without delay, submit to the Council a
                                                                      proposal relating to the measures to be taken. The Council
(b) to cover the expenses originated by the operations                shall act by a qualified majority.
     necessary to prevent or cure the damage to the
     environment produced by the disposal of waste in case it         If, on the expiry of a period of three months from the date
     is not otherwise recoupable or not covered by insurance          of referral to the Council, the Council has not acted, the
     or financial guarantee.                                          proposed measures shall be adopted by the Commission.
 ---pagebreak--- 22. 7. 91                                  Official Journal of the European Communities                                           No C 190/7
                         Article 21                                      accompanied by such reference on the occasion of their
                                                                         official publication. The procedure for such reference shall
                        „ ,                                              be adopted by Member States.
                        Enforcement
                                                                         2.     Member States shall communicate to the Commission
1.    Member States shall bring into force the laws,                     the texts of the provisions of national law which they adopt in
regulations and administrative provisions necessary to                   the field covered by this Directive,
comply with this Directive within one year of its notification.
They shall immediately inform the Commission thereof.
                                                                                                       Article 22
When Member States adopt these measures, these shall
contain a reference to this Directive or shall be                        This Directive is addressed to the Member States.
                                                                ANNEX I
                                 GENERAL REQUIREMENTS FOR ALL CLASSES OF LANDFILLS
             1.     Location
             1.1.   The location of a landfill must take into consideration requirements dealing with:
                    (a) the distances from the boundary of the site to residential and recreation areas, roads and waterways,
                         water bodies and other industrial, agricultural or urban sites;
                    (b) the existence of groundwater or nature protection zones in the area;
                    (c) the hydrogeological conditions of the area;
                    (d) the risk of flooding, subsidence, landslides or avalanches in the site;
                    (e) the protection of the natural or cultural patrimony of the area.
             1.2.   The landfill can be authorized if the characteristics of the site with respect to the abovementioned
                    requirements, or the corrective measures to be taken, when considered in an environmental impact
                    assessment in the meaning of Directive 85/337/EEC indicate that the landfill does not pose a serious
                    environmental risk.
             2.     Roads and service areas
             2.1.   Access to a landfill shall be planned in such a way that it creates minimal hindrance to existing public
                    roads.
             2.2.   The landfill shall be equipped so that dirt originating from the site is not dispersed on to public
                    roads.
             2.3    All roads and service areas within the boundary of the landfill must be built and maintained to comply with
                    the water control and soil and groundwater protection measures required for the site itself.
             3.     Fencing
             3.1.   The landfill shall be surrounded by fencing sufficient to prevent free access to the site. The gates shall be
                    locked outside operating hours.
             4.     Landscaping
             4.1.   Measures shall be taken in order to reduce the visual impact of a landfill, in particular when easily visible
                    from residential areas, recreation areas and roads.
 ---pagebreak--- No C 190/8                             Official Journal of the European Communities                                            22. 7. 91
           5.   Site identification and information
           5.1. At the entrance of a landfill an identification and information board must be provided displaying the
                following information:
                 — name and class of the site,
                 — name of the owner and/or operator,
                 — licensing identification,
                 — operating times,
                 — contact and emergency telephone numbers,
                 — authority responsible for the operating permit and control of the site.
           5.2. The additional information must always be available to the public, on request:
                 — types of wastes for which the site has received an operating permit,
                 — tariffs to be applied for the depositing of waste on the site.
           6.   Control of access and operation
           6.1. An appropriate system for control of access must always be provided at the entrance of the site.
           6.2. All waste delivered shall always be controlled on its
                —    origin,
                —    type and characteristics,
                —    quantity (weight or volume),
                —    the appropriate identification documents, if required.
           6.3. During operating hours, a suitably qualified person in charge of the landfill operations must always be
                present
           7.   Water control and leachate management
           7.1. Appropriate measures shall be taken in order to control surface- and/or groundwater entering into the
                landfilled waste.
           7.2. All water or leachate emanating from the landfill shall be collected unless, through an environmental
                impact assessment, it is determined that collection is not required.
           7.3. Contaminated water and leachate collected from the landfill shall be treated to the appropriate standard
                required for its discharge.
           8.   Protection of soil and groundwater
           8.1. A landfill must meet the necessary conditions, naturally or artifically achieved, to prevent pollution of the
                soil or groundwater.
           8.2. The non-saturated geological formations constituting the substratum of the landfill base and sides shall
                satisfy the following permeability and thickness requirements.
                Maximum values of the permeability coefficient, K (m/s), for a substratum thickness of three metres
                measured under conditions of water saturation:
                — Landfill for hazardous waste:
                    K = 1,0 x 10"' m/s,
                — Landfill for municipal and non hazardous wastes and for other compatible wastes:
                    K = 1,0 x 10-»m/s,
                — Landfill for inert waste:
                    K = no limit value.
           8.3. The method to be used for the determination of the permeability coefficient for landfills, in thefieldand for
                the whole extension of the site, is to be developed and approved by the committee set up in Article 20 of this
                Directive.
           8.4. Where these conditions, or other equivalent ones, are not met naturally, engineering measures shall be
                taken to achieve at least the same level of safety.
 ---pagebreak--- 22. 7. 91                                Official Journal of the European Communities                                         N o C 190/9
          9.      Gas control
          9.1.    Appropriate measures shall be taken in order to control the accumulation and migration of landfill gas
                   (Annex IV).
          9.2.     Landfill gas shall be collected and properly treated and preferably used. This obligation applies to
                   biologically active sites receiving or having received more than 10 000 metric tons of wastes per
                   annum.
          10.      Nuisances
          10.1. Measures shall be taken to prevent nuisances arising from the landfill through:
                   — emission of odours and dust,
                   — wind blown materials,
                   — noise and traffic,
                   — birds and vermin,
                   — formation of aerosols.
          11.      Control of stability
          11.1. To provide for stability of the mass of waste and associated structures, particularly in respect of avoidance
                   of slippages, the emplacement of waste on the site shall take place under suitable systems of quality
                   assurance.
                                                              ANNEX II
          Basic information to provide in the case of:
          A. The establishment and operation of a landfill
          B. The conditioning plan of an existing landfill
          C. The closing of a landfill
          When applying for a permit, the documents to be presented shall adjust to and focus on the particular situation of
          the site, in function of the alternative (A, B, C) considered.
          The basic information to provide shall be the following:
          1. complete identification of the applicants;
          2. description of the types and quantities of wastes to be deposited (A, B) or that have been deposited (B,
               C);
          3. waste management capacity (daily, monthly, yearly) for which the facility is projected;
          4. report with a comprehensive description of the site including:
               — situation and access,
               — boundaries and topography,
               — geological and hydrological characteristics of the area,
               — local meteorology;
          5. engineering details of the project including the development, conditioning and/or closing of the site:
               — phases of the project,
               — access, fencing and site roads,
               — pollution prevention and abatement methods envisaged,
               — site preparation and provision of services,
               — complementary installations;
 ---pagebreak--- No C 190/10                               Official Journal of the European Communities                                               22. 7. 91
          6. of peration and control plan for the site including:
              — phasing and description of the operations,
              — water, leachate and gas control measures,
              — measures for the control of environmental nuisances,
              — operating times,
              — access control and waste acceptance procedures,
              — equipment to be utilized,
              — personnel list indicating qualifications, duties and responsibilities,
              — monitoring and maintenance procedures,
              — operational and safety rules and emergency procedures;
          7. plan for the closure and aftercare procedures including:
              — final capacity and expected operational period of the facility,
              — final contours and topography of the site,
              — final restoration plan,
              — phases for partial closure and restoration of filled-up areas,
              — aftercare control measures;
          8. environmental impact assessment in the meaning of Directive 85/337/EEC;
          9. economic information on the project including estimations of the initial:
              — capital investment,
              — operational costs,
              — charges.
          Following submission of the application for a permit, the competent authorities:
          (a) may, within a period of three months, ask for additional information, modifications of the project, or for an
               alternative plan;
          (b) shall reach a definite conclusion within a reasonable period.
                                                                ANNEX III
                                      WASTE ACCEPTANCE CRITERIA AND PROCEDURES
           1.      Introduction
                  In order to harmonize technical characteristics of landfills it is of great importance that all sites use, if only
                  for comparison purposes, the same criteria for the acceptance of waste. This means that homogeneous
                  sampling and control procedures will have to be fixed and all wastes be subject to them.
                  For the purpose of this Directive waste acceptance criteria and control procedures will be fixed in function
                  of the characteristics of the eluate and of the compatibility of different types of waste in the cases of joint
                  disposal (eluate and compatibility criteria).
                  No matter which are the sampling and analysis methods selected or the parameters to measure, it is to be
                  realized that the tests upon which acceptance criteria are based will never reproduce the exact behaviour of
                  the wastes in the landfill but they will serve as the measuring stick against which the characteristics of the
                  wastes are tested. This means that, in spite of the existence of different sampling and analysis methods, or
                  the relative importance granted to different parameters, a common reference method will have to be fixed
                   as described in this Annex.
           2.     General principle
                  All wastes discharged into a landfill will have to be previously characterized according to the requirements
                  of this Annex.
                  For any waste whose origin is known and whose characteristics and composition are defined, the
                  compulsory sampling and analysis can be substituted by a periodical random sampling and analysis
                  programme.
 ---pagebreak--- 2 2 . 7. 91                              Official Journal of the E u r o p e a n Communities                                   No C 190/11
            3. Sampling
               Definitions:
               A. Homogeneous waste:
                    All types of waste which at the time of sampling, are liquid or can be pumped and whose characteristics
                    are the same throughout the whole mass, as well as those wastes whose homogeneity can be visually
                    established.
                    Heterogeneous waste:
                    All other wastes.
               B. Representative sample:
                    A sample is to be considered as representative if the small amount of material wheighed out for
                    the analyses has the same average composition as the large mass from which it is derived.
                    Reference: General guidelines on sampling technology, ISO 5667-2-1988.
                    Number of samples and amounts to be taken
                    1. For wastes not delivered in containers
                         (a) for homogeneous waste: one sample of 1 000 g or ml, per delivery;
                         (b) for heterogeneous waste: one representative sample of 1 000 g or ml, per five tons of waste or
                                part thereof.
                    2. For wastes delivered in containers
                         Figures are valid for containers with the same content. The waste is considered homogeneous at the
                         time of sampling. If the containers are emptied into a collecting tank, the cumulative sample can be
                         taken from the tank.
                              Weight per container       Weight and number of containers to be sampled for a laboratory sample
                                     < 5 kg             Sufficient for a cumulative sample of at least 1 kg taken from at
                                                        least x (t) containers
                                     > 5 kg             Sufficient for a cumulative sample of between 1-2,5 kg taken from at
                                                        least x 0) containers
                              Where: x = -v/n + 1, n being the total number of containers.
                    3. Municipial waste
                         It is considered necessary to regularly sample these wastes as there is a need to evaluate the changes
                         in composition in order to be able to take appropriate action in advance or as an alternative to
                         landfilling, e.g.: prevention of contamination, selective collection, recycling, etc.
                         — Waste from households: sampling shall be done at random from all types of origins of the waste
                              in order to determine the percentage composition (organics, metals, etc.), calorific value,
                              heating residue, etc.
                         — If containers appear with unknown types of waste, these shall undergo independent sampling
                              as in point 2.
                         — Waste from commerce, offices or public institutions shall be described by the producer.
                              Analytical testing will be done only to allow a complete evaluation or if the declaration is not
                              adequate.
            4. Control procedures: eluate criteria (not to be applied to municipal waste)
               Eluate criteria
               Numerous physico-chemical and biological processes govern the production and composition of landfill
               leachates. In general the composition of leachates will be a function of the types and age of waste deposited,
               the prevailing physico-chemical conditions, the microbiology and the waterbalance of the landfill.
               Although numerous studies have been devoted to the evaluation of the relationship between laboratory
               tests and the fate of leachates, the scarcity of true information in the long term is outlined. Nevertheless, the
               potential to severely affect water resources by leachates exists and should be prevented. The proposed
               eluate tests hereunder, have no other aim other than providing qualitative information on the composition
               of percolating waters and the nature of the mobilized potentially toxic substances. Reference: Etude
               bibliographique sur les lixiviats produits par la mise en decharge de dechets industriels, 4 volumes,
               EEC-XII-ENV/20/86.
 ---pagebreak--- No C 190/12                          Official Journal of the European Communities                                           22. 7. 91
            Treatment of the samples:
            The original structure of the sample used should be maintained as far as possible; large parts should be
            crushed. The proposed analytical method is DIN 38414-S4 (October 1984 issue) with the following
            additions and/or simplifications:
            — a wide-necked glass bottle (10 cm diameter) should be used,
            — shake, rotating bottle by 180° once per minute for 24 hours,
            — centrifuge; 250 ul filter syringes with 0,45 urn filters should be used for sampling.
            Assignment values:
            This tablefixesthe ranges by which wastes will be characterized for the purpose of landfilling according to
            the composition of their eluates:
            — wastes whose eluate concentration is in the range fixed for hazardous wastes will be considered as such
                  with respect to landfilling.
                  For eluate concentrations higher than the maximum values fixed, hazardous wastes will have to be
                  treated prior to landfill, unless compatible for joint disposal with municipal waste, or, if treatment is
                  not possible, destinated to a mono-landfill,
            — wastes whose eluate concentration is not above the maximum values fixed for inert wastes will be
                  considered as such,
            — wastes whose eluate concentration falls in the range between inert wastes and the minimum value for
                  hazardous wastes will be considered non-hazardous.
                                                                    Hazardous waste range             Inert waste
             1.01                    pH value                      4—13                         4—13
             1.02                    TOC                           40—200 mg/1                   <200 mg/1
             1.03                    arsenic                       0,2—l,0mg/l                   <0,1 mg/1
             1.04                    lead                          0,4—2,0 mg/1             "
             1.05                    cadmium                       0,1—0,5 mg/1
             1.06                    chromium                      0,1—0,5 mg/1
                                     copper                        2—10 mg/1                    the total of these
            1.07
                                                                                                metals: < 5 mh/1 (J)
             1.08                    nickel                        0,4—2,0 mg/1
             1.09                    mercury                       0,02—0,1 mg/1
            1.10                     zinc                          2—10 mg/1
            1.11                     phenols                       20—100 mg/1                  <  10 mg/1
            1.12                     fluoride                      10—50 mg/1                   <  5 mg/1
             1.13                    ammonium                      0,2—1,0 mg/1                 <  50 mg/1
            1.14                     chloride                      1,2—6,0 g/1                  <  0,5 g/1
            1.15                     cyanide (2)                   0,2—1,0 mg/1                 <  0,1 mg/1
            1.16                     sulphate (3)                  0,2-1,0 g/1                  <  1,0 g/1
            1.17                     nitrite                       6—30 mg/1                    <  3 mg/1
            1.18                     AOX (4)                       0,6—3,0 mg/1                 <  0,3 mg/1
            1.19                     solvents (5)                  0,02—0,10 mgCI/1             <  10 ug Cl/1
            1.20                     pesticides (5)                1—5ugCl/l                    <  0,5 ug Cl/1
            1.21                     lipoph. sub.                  0,4—2,0 mg/1                 <  1 mg/1
            (')  And no single value above the minimum fixed for hazardous waste.
            (2)  Readily released.
            (3)  If possible < 500 mg/1.
            (•*) Adsorbed organically-bound halogens.
            (s)  Chlorinated.
            1. For characterization purposes the components to be analysed in the eluates shall be chosen in function
                  of the qualitative composition of the waste.
            2. In addition to these eluate criteria, a determination of asbestos on a representative sample of the crude
                  inert waste shall be performed, according to the annexes of the Council Directive 87/217/EEC on the
                  prevention and reduction of environmental pollution by asbestos.
 ---pagebreak--- 22. 7. 91                               Official Journal of the European Communities                                         No C 190/13
          5.   Analytical methods
               The following ISO or DIN methods are proposed as reference methods. Any equivalent method after a
               certification procedure based on the use of a certified reference material will be accepted. In case of
               discrepancy of the results the proposed methods will be used as reference.
               1.01        pH                                          ISO-DP 10 523 or DIN 38404-C5-84,
               1.02        TOC in eluate                               DIN 38409-H3-85,
               1.03        arsenic                                     ISO 6595-1982 or DIN 38405-E6-81,
               1.04        lead                                        ISO 8288-1985 or DIN 38406-E6-81,
               1.05        cadmium                                     ISO 8288-1985 or DIN 38406-E19-80,
               1.06        chromium VI                                 ISO-DIS 9174-88 or DIN 38405-D24-87,
               1.07        copper                                      ISO 8288-1985 or DIN 38406-E21-80,
               1.08        nickel                                      ISO 8288-1985 or DIN 38406-E21-80,
               1.09        mercury                                     ISO 5666-1/3-88 or DIN 38406-E12-80,
               1.10        zinc                                        ISO 8288-1985 or DIN 3840-E8-85,
               1.11        phenols                                     ISO 6439-1990 or DIN 38409-H16-84,
               1.12        fluoride                                    ISO-DP 10 359-1 or DIN 38406-D4-85,
               1.13        ammonium                                    ISO 7150-1983 or DIN 38406-E5-83,
               1.14        chloride                                    ISO-DIS 9297 or DIN 38405-D1-85,
               1.15        cyanide                                     DIN 38405-D14-88,
               1.16        sulphate                                    ISO-DIS 9280-1 or DIN 38405-D5-85,
               1.17        nitrite                                     ISO 6777-1983 or DIN 38405-D10-81,
               1.18        AOX                                         ISO-DIS 9562 or DIN 38409-H14-85,
               1.19        chlorinated solvents (*)                    ISO-DP 10 301 or GC head-space
               1.20        chlorinated pesticides (2)                  G.C. (capillary column)
               1.21        extractible lip. substances (3)             cf. param. 27, Directive 80/778/EEC
               (') Needs 2 ml of eluate.
               (2) After extraction of 1 litre of eluate.
               (3) Needs 250 ml of eluate; chlorofrom extract, results in 'dry residue' mg/1.
          6.   Control procedures: compatibility criteria
               Joint-disposal of waste normally utilizes properties available in municipal waste to attenuate those
               constituents in difficult wastes which are polluting and potentially hazardous and thereby make their
               impact on the environment acceptable. Wastes destined for joint-disposal must be critically assessed and
               only those wastes which are compatible with mubicipal waste should be accepted for joint-disposal. The
               maintenance of a balanced input of wastes to ensure thai the attenuation processes are not overwhelmed is
               essential: controlling the rate input of hazardous wastes is therefore always necessary.
          6.1. General criteria — Prerequisite conditions
               Sites which would pose a direct threat to a sensitive aquifer in the event of containment failure shall not be
               used for joint-disposal. The acceptability of joint-disposal in any given location shall be determined by the
               competent authority, in accordance with the requirements of Annex I to this Directive.
          6.2. Leachate monitoring — Prerequisite conditions
               — Sufficient historic data must be available to provide a clear definition of leachate levels and quality
                   within the refuse mass.
               — Specific measures for joint-disposal shall be set by the competent authority subject to the control
                   requirements fixed in Annex IV and to the compatibility criteria fixed hereunder. The number of
                   monitoring points in landfills where joint-disposal is practised shall be the following in function of the
                   surface area of the operating zone:
                   — <5 ha = minimum 5,
                   — 5—10 ha = one per hectare,
                   — >10 = 10 ha + (area, ha)1'2.
 ---pagebreak--- No C 190/14                                   Official Journal of the European Communities                                                        22. 7. 91
                    — Joint-disposal shall not be undertaken unless monitoring shows clearly that stable methanogenic
                         conditions are established and that a sufficient high level of activity continues. This will be determined
                         by reference to leachate quality and gas production rate, and the following minimum conditions shall be
                         maintained:
                         —   average leachate temperature: s 2 5 °C,
                         —   average leachate pH: >6,8,
                         —   average leachate BOD/COD ratio: ^ 0 , 3 ,
                         —   gas production rate: >5 m3/t.a.
                    — There shall be a system for collection and removal from site of any surplus leachate. This shall be sized
                         on the basic of agreed water balance calculations, taking into account both infiltrating rainfall and the
                         liquid content of the landfilled wastes.
           6.3.     Suitable and unsuitable wastes
           6.3.1. The following wastes shall not be joindy disposed:
                    — wastes mentioned in Article 9 of the Directive
                    — acid tars
                    — immiscible organic solvents or aqueous waste containing > 1 % immiscible organics
                    — water miscible organic solvents with concentrations >10%
                    — wastes which react violently with water or organic matter
                    — asbestos (J)
                    — wastes containing significant concentrations (2) of following compounds:
                         —   PCBs & PCTs (polychlorinated bi-and terphenyls) >50 ppb (3)
                         —   TCDDs (telrachlorodibenzodioxin) >10 ppb for isomer 2, 3, 7, 8
                         —   PCNs (polychlorinated naphtalenes) >50 ppm total (4)
                        —    PAH (polyaromatic hydrocarbons) >20 ppm
                        —    organometallic compounds (totally excluded)
                        —    chlorinated hydrocarbons (including chlorophenols) > 1 ppm
                        —    pesticides >2 ppm
                        —    free cyanides > 10 ppm.
           6.3.2. The following wastes (5) may be jointly-disposed, subject to individual assessment and loading rate
                    restrictions on specific components:
                    —   industrial effluent treatment sludges
                    —   biological treatment sludges
                    —   acid sludges,
                    —   interceptor wastes and tank sludges
                   —    paint wastes and spray booth effluents
                   —    alkaline degreasants
                   —    detergents, fats and greases in water
                   —    adhesive wastes
                   —    tannery and fellmongering wastes
                   —    brewery wastes
                   —    animal and food industry wastes
                   — metal finishing wastes
                   — acids /alkalis
                   — cutting oils/cooling oils
          (') Excluded because of the risks posed by excavation during joint-disposal.
          (a) The 'significant concentration' figures are extractedfromEEC^ directives for PCBs and PCTs; from WHO proposals for TCDDs
              and organometallic compounds;fromthe Dutch legislation (Bodemverontreiniging — Toetsingswaarden voor de beoordeling
              van de concentratieniveaus van diverse verontreinigingen) for PCNs, PAHs, chlorinated hydrocarbons, pesticides and free
              cyanides. This values should be revised by a special Committee.
           3
          ( ) Part per billion, or ug/kg on dry extraa, etc.
          (4) Part per million, or mg/kg on dry extraa, etc.
          (s) The list is not exhaustive, but based on types of wastes which have been successfully jointly asposed in several landfills (aqueous
              solutions excluded!).
 ---pagebreak--- 22. 7. 91                                     Official Journal of the European Communities                                                     No C 190/15
          6.4.     Loading rates
                   For hazardous wastes to be jointly disposed with municipal waste, their rate of deposition will be limited by
                   the attenuation capacity of the accepting bulk of municipal waste. Although general guidelines can be
                   given, the loading inevitably will be sit specific. Effective monitoring of the conditions in the landfill
                   provide the best guidance for setting appropriate loading rates.
                   Loading rales ar normally quoted as a quantity of hazardous waste which may be deposited either in a given
                   period (eg. as per m3 of municipal waste per day), or related with a given quantity of the accepting bulk (eg.
                   as g per m3 of municipal waste) for a once-only base filling. This is the loading or rate which could be
                   degraded or attenuated by a unit volume (*) of methanogenic refuse. The landfill loading potential should
                   then be applied to the reaction zone volume to derive a total loading limit for the site.
                   The loading rate controls shall apply to wastes containing: acids, heavy metals, cyanides, suluble organic
                   carbon, phenols and other prescribed organic compounds. Ammonia and chloride inputs shall also be
                   assessed, on the basis that all of the applied loading will appear in the leachate. Applied loadings must not
                   lead to the capacity of leachate treatment and disposal systems being exceeded.
                   Default values (as mentioned in the criteria values given hereunder) are to be applied for the calculation of
                   the maximum landfill loading potential, unless site/ waste-specific data submitted by the operator justify
                   higher loadings.
                                                            Criteria for calculating landfill potentials
                                         Waste component                                             Default value
                        acids (*)                                                    100 equiv./tonne of municipal waste
                       heavy metals (2) (3)                                          100 g/tonne of municipal waste
                           Zn                                                        100 g/ tonne of municipal waste
                           Cu                                                        100 g/tonne of municipal waste
                           Ni                                                        100 g/tonne of municipal waste
                           Cr                                                        100 g/tonne of municipal waste
                           Pb                                                        100 g/tonne of municipal waste
                           Cd                                                         10 g/tonne of municipal waste
                           Hg                                                          2 g/tonne of municipal waste
                           As, Se                                                       1 g/tonne of municipal waste
                       cyanide ( asCN)                                                  1 g/m 3 of municipal waste, per day (5)
                       phenol                                                           5 g/m 3 of municipal waste, per day (s)
                       oil / hydrocarbons                                              2,5 kg/tonne of municipal waste
                       TOC                                                            10 g/m 3 of municipal waste, per day (7)
                                               4
                       specified organics ( )                                         10 g/m 3 of municipal waste, per day
                       (1) Loadings to be calculated on a once-only basis, unless site monitoring in reaction zone demonstrates regeneration
                            of butter capacity. Acids shall be deposited in a separate area from wastes containing cyanide or sulphide.
                       (2) Loadings to be calculated on a once-only basis. A prior precipitation test shall be applied to any waste containing
                             >100 mg/1 soluble heavy metals. This should consist of a pH adjustment to 10,5, mixing for five minutes,
                            followed by settlement for 30 minutes. If the soluble metal content then exceeds 20 mg/1 the waste shall not be
                            jointly disposed unless the operator can provide practical evidence to show its attenuations in refuse.
                       (3) The maximum default value for the total of heavy metals shall not surpass the 100 g/tonne of municipal
                            waste.
                       {*) Organic compounds of List 1 from the Directive 80/68/EEC on groundwater.
                         5
                       ( ) Unless site/waste-specific data on particular wastes show them to be completely degraded. No waste containing
                            > mg/1 as soluble CN shall be jointly disposed.
                       (*) Unless site monitoring shows the reaction zone ability to degrade completely the phenols.
                        7
                       ( ) Unless specific data on particular wastes show them to be highly degradable.
          (') The reaction zone volume is that portion of leachate-saiurated refuse with which the jointly-disposed waste will come into
              contact either directly or during leachate recirculation. The reaction zone must provide an average retention time of at least six
              months for applied liquid wastes and for leachate from jointly disposed solid hazardous waste.
 ---pagebreak--- No C 190/16                                Official Journal of the European Communities                                            22. 7. 91
          6.5.     Monitoring adherence to hading controls
                   For acids, heavy metals, TOC, oil, phenols, cyanide, ammonia and chloride, control shall be based on
                   retrospective analysis of composite samplesfromall inputs. Thefrequencyof such analysis shall be related
                   to the hydraulic retention time (HRT) in the reaction zone, as follows:
                   — HRT > 12 months, analyse monthly,
                   — HRT < 12 months, analyse 2-weekly.
                   The leachate monitoring regime shall be prescribed in the site permit to be sufficiently detailed as to detect
                    any effects which would indicate overloading of the reaction zone. This would include both detection of
                   residual waste components and interference with the established methanogenic processes.
           6.6.     Hazardous solid wastes
                    A composite sample between 1 and 2,5 kg shall be prepared by mixing 1 kg subsamples from each load of
                   hazardous solid waste. The composite shall then be subjected to a leaching test as described in HI.4. The
                   eluate shall then be analyzed for all parameters listed in the table of § 6.4 (including specified organics).
                    Loadings to the site shall then be assessed on the basis of the mass of readly soluble components. The
                    frequency of analysis shall be related to the hydraulic retention time as given in § 6.5.
           7.       Intercalibration
                    The qualified laboratories as designated in Article 12 (4) of this Directive shall participate periodically in
                    intercalibration exercises in order to update and improve the accuracy and precision of the control
                   procedures and analytical methods.
                                                                  ANNEX IV
                              CONTROL PROCEDURES IN OPERATION AND AFTER-CARE PHASES
           Measuring Programme
           This minimum programme shall be carried out during the operational phase as an aid in the general management of
           the landfill, and during the after care phase for a minimum of 30 years after the definitive closure to prevent further
           damage to the landfill body or to the environment and to ensure that the site remains safe. The data obtained during
           long periods of time and for different sites will contribute to increase the knowledge on waste, behaviour in
           landfills.
           1.      Meteorological data
                    In situ, or from the nearest station providing data representative of the site (*).
                                                                                     Operating phase              After-care phase
                    1.1       Volume and intensity of precipitation              daily
                    1.2       Temperature (min., max.,
                              14.00 h CET)                                       daily                        monthly on the
                    1.3       Direction and force                                                          • same day
                              of prevalent wind                                  daily                         of the month
                    1.4       Evaporation (lysimeter) (*)                        daily
                    1.5       Atmospheric humidity (14.00 h CET)                 daily
                   (') Or by measuring parameter 1.5 and calculation of evaporation according to Haude.
                   (l) Parameters 1.1 to 1.5 can be replaced by the 'effective rainfall*, provided by some local network.
 ---pagebreak--- 2 2 . 7. 91                                Official Journal of the E u r o p e a n Communities                                              No C 190/17
            2. Emission data: water, leachate and gas control
               Sampling. For leachate and runoff water, a 10 litre global sample, representative of the average
               composition, should be available each month for monitoring. Reference: General guidelines on sampling
               technology, ISO 5667-2 (1988).
                                                                            Operating phase                     After-care phase
               2.1          Leachate volume                          daily sum value                      every 6 months
               2.2          Leachate
                            composition (*)                         monthly (2)                           every 6 months
               2.3          Surface runoff water
                            composition                              monthly (2)                          every 6 months
               2.4          Gas emissions
                            (CH 4 , C 0 2 , 0 2 , H 2 S, H 2 etc.)   monthly (2) (3)                      every 6 months idem (4)
               (') The parameters to be measured and the substances to be analyzed vary according to the composition of the waste
                    deposited; they must be laid down in the permit document and correlated to the eluate criteria of the landfilled wastes.
                    Those chosen for the leachate should be such that estimates of the influence of the leachate on the barrier at the base of
                    the landfill can be made from the annual evaluations.
                 2
               ( ) The measures and analysis shall be carried out at least once a month during the first year of operation. If the evaluation
                    of data indicates that longer intervals are equally effective, they may be increased to a maximum of three months.
                    Conductivity must always be measured at least once a month.
               (3) CH«, C0 2 , 0 2 regularly; other gases as required, according to the composition of the waste deposited.
               (*) Efficiency of the gas drainage layer must be checked regularly.
            3. Protection of groundwater
                                                                      A. Sampling
                The number and location of the groundwater measuring points shall be laid down in the permit document;
                at least one measuring point shall be set up in the groundwater inflow region (0 level) and two in the outflow
               region. Reference value before starting in operation: A complete analysis, to be used as initial reference
                value, should be carried out at least at three locations. Reference: Sampling Groundwaters, Project for an
                international norm, draft. ISO/TC 147 SC6, 1988.
                                                                     B. Monitoring
                The substances to be analyzed shall be laid dowrftm the basis of the leachate composition determined in the
                operating phase. Special surveillance shall be made on the concentrations of the substances taken into
                account in the annex (lists 1 and 2) of Council Directive 80/68/EEC on the protection of groundwater
                against pollution caused by certain dangerous substances.
                For the substances of list 2 of Council Directive 80/68/EEC, and for groundwaters in use or usable as
                sources of drinkwater, the MAC values shall be those given in Council Directive 80/778/EEC on water for
                human consumption and the analytical methods, those proposed in the Annexes of the Directive.
                                                                               Operating phase                    After-care phase
                Levels of groundwater                                       every 6 months (J)                   every 6 months
                Groundwater composition                                     every 6 months                       every 6 months
                (') If there are weaving groundwater levels the intervalls shall be decreased.
                For continuous monitoring, tracer parameters or components can be used, decided in function of the
                original characteristics of the groundwater (0 level) and of the composition of the leachate.
 ---pagebreak--- No C 190/18                             Official Journal of the European Communities                                                         2 2 . 7 . 91
          4.  Waterbalance
              Although the calculation of the water balance only has a theoretical value, it can be often a very convenient
              parameter for practical management purposes, during the operating phase. Frequency: twice a year
              (April—October). The measurement of parameters 1.1 to 1.5 (meteorological data), combined with the
              measurement of parameter 2.1 (leachate volume, in emission data), permits the estimation of the annual
              water balance in the landfill. A convenient calculation method for a landfill in operation phase could
              be:
                                                                       L0 = 1-E-aW
              with,
              L0 = free leachate retained at the site (equivalent to leachate production minus leachate leaving the site), in
                     m 3 / annum;
              1 = total liquid input (precipitation plus liquid waste, plus any surface water inflow], in m 3 /annum;
              E = evapotranspirative losses (evaporation plus minimal transpiration), in m 3 /annum;
              a = absorptive capacity (') of the waste, in m 3 /tonne of waste received;
              W = weight of waste deposited, in tonnes/annum.
              The effectiveness of the attenuating mechanisms in reducing pollution risks to an acceptable level both
              within the landfill and in the underlying strata, implies theoretically that the site is operated so that L0 is
              negative or zero. An increasing positive value for L0 implies leachate build-up in the site.
           5. Topography of the site: data on the landfill body
                                                                                             Operating phase        After-care phase
              5.1.       Structure and composition of landfill body (')                           yearly
              5.2.       Settling behaviour of the level of the landfill body                     yearly            yearly reading
              (*) 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, proof of stability of the body of the landfill, calculation of the
                  depositing capacity still available at the landfill.
              (*) Absorptive capacity: The maximum amount of liquid taken up and retained by unit weight of solid under specified
                  conditions; usually the amount of liquid retained by unit weight of refuse in a landfill before leachate is emitted (or
                  practically the residual humidity at the time of sampling).