CELEX: 51993PC0275
Language: en
Date: 1993-06-10
Title: Amended proposal for a COUNCIL DIRECTIVE on the landfill of waste

COMMISSION OF THE EUROPEAN COMMUNITIES
                                         COM 93 )275 final SYN 335
                                          Brussels, 10 June 1993
                      Amended proposal for a
                         EQWnii DIRECTIVE
                      on the landfill of waste
      (presented by the Commission pursuant to Article 149(3)
                         of the EEC-Treaty)
 ---pagebreak---                                     X
                          EXPLANATORY MEMORANDUM
Pursuant to article 149(3) of the EEC Treaty, the Commission submits an
amended proposal for a Council Directive on the Landfill of Waste* 1 K
The amended proposal takes account of a number of amendments by the
European Parliament adopted at its May and October 1992 Plenary Session
and by the Economic and Social Committee*2^.
 In particular, the Commission has included an additional reference to
the polluter pays principle because of the growing concern of
old landfill site remediation and development of training of landfill
personnel (cfr recitals 16 and 17 respectively and art. 16 and 20a).
The Commission has also sought to clarify the wording of definitions in
article 3 and to add further requisites regarding the application, the
conditions and the content of the permit (cfr art. 6, 7, 8 ) .
Following adoption by the Council of Directive 91/689/EEC on hazardous
waste, the Commission has accepted Parliament's proposal for an
additional reference in Article 9. In the same article, the Commission
has also sought to ensure that no method should be used to try to meet
the standards foreseen In this directive by means of dilution or mixing
of the wastes.
The Commission has accepted Parliament's amendment to ban Joint
disposal (cfr art. 10.5) introducing a transitional period of 5 years
for those countries where It Is currently legally practised, and in the
same article to clarify the type of wastes that can be deposited Into a
monoIandfIII.
In addition the Commission accepted Parliament's proposal to reinforce
article 11, particularly concerning the case of non acceptance of the
waste, and article 13, concerning the procedures for closure and
monitoring after the closure of the site.
The Commission has also incorporated Parliament's amendment to clarify
the period within which existing landfill sites have to comply with the
terms of this directive (cfr art. 15) and the procedures to follow.
Beyond 4his, the Commission has accepted Parliament's proposal to
detail the Information of annual reports which Member States are
required to submit in accordance with article 19 and Annex IVa.
Finally, the Commission has accepted In part some of the amendments
concerning the annexes, especially the ones dealing with the control of
access to the landfill and landfill gas management.
(1) OJ N- C 190, 22.7.91, p. 1
(2) OJ N' C 40, 17.2.92, p. 112 et seg.
 ---pagebreak---                                  -3T-
The Commission also finally decided not to amend the proposal
concerning insurance coverage at the moment, because it prefers to
tackle this problem within the general framework designed by the Green
Paper on remedying environmental damage.
Amendments regarding the banning of the disposal of liquid wastes Into
landfills have been rejected by the Commission. The Commission Is of
the opinion that, as liquid waste needs to be disposed of, and, If It
Is compatible with the type of wastes acceptable In each Individual
landfill, landfill can be a good alternative to incineration, when the
location of the landfill and the climate conditions allow it.
The Commission rejected a number of amendments concerning the
functioning of the Iandf111, because they refer to specific techniques
which are already incorporated In the general demands laid down in the
directive. It is for Member States to fix more specific standards
corresponding to the results of the environmental impact assessment.
As for the amendments concerning the concepts of prevention and
recycling: the Commission Is aware of their Importance for the
reduction of the waste flow in general. However, this is not the
objective of the present directive.
Furthermore, the amendments concerning a programme of sampling and
analysis of all the wastes arriving at the landfill have been rejected
by the Commission, since such operations are not always considered
necessary; for urban waste for example, the supervision aspect has been
taken Into consideration in Annex III, and for waste with homogeneous
characteristics which arrives periodically in large quantities (for
example waste coming from frequent users of the landfill In the sense
of the directive), sampling and analysis are considered not to be
necessary either.
Finally, the Commission rejected the proposed compromise amendment
which asks for a report of the work of the Technical Committee
Including a record of all Committee meetings, since its proposal Is in
accordance with the Council Decision of July 1987 laying down the
procedures for the exercise of implementing powers conferred on the
Commission.
 ---pagebreak---                                                               - 1 -
                                                 Amended proposal for a
                                                    COUNCIL DIRECTIVE
                                               on the landfill of waste
          ORIGINAL TEXT                                                 AMENDED TEXT
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,
  Having regard to the Treaty establishing the European
  Economic Community, and in particular Article 100a
  thereof,
  Having regard to the proposal from the Commission,
  In cooperation with the European Parliament,
  Having regard to the opinion of the Economic and Social
 Committee,
 Whereas the resolution of the Council of 7 May 1990 on
 waste polky (*} adopts the Community strategy document
 and invites the Commission to propose criteria and standards
 for disposal of waste by landfill;
 Whereas there is a need, in a Community without internal
 frontiers, to harmonize the technical standards for the
 landfill of waste on a high level of environmental
 protection;
 Whereas it is considered necessary to take the appropriate
 measures to avoid the abandonment, dumping or
 uncontrolled disposal of waste;
 Whereas disparities between technical standards for the
 disposal of waste by landfill might give rise to preferential
 disposal of waste m facilities with low standards of
 environmental protection, where disposal costs are inferior,
 and thus create a potentially serious threat to the
 environment, due to unnecessarily long transport of the
 wastes as well as to inapproprute disposal practices;
 Whereas any disparity between the laws and technical
 standards of the Member States on the landfill of waste can
 distort the conditions of competition and thereby direcdy
 affect the establishment and functioning of the internal
 market;
 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
 conditions of competition;
(«5 OJ No C 122. 18. 5. 1990, p. 2.
 ---pagebreak---                                                                  - 2 -
           ORIGINAL TEXT                                                            AMENDED TEXT
Whereas in view of what is said above it is necessary to clearly
define the classes of landfill to be considered and the types of
waste to be accepted in the different classes of landfill;
Whereas it is necessary to dearly point out which are the
general requirements with which landfills must comply,
dealing with location, development, control and protective
measures to be taken, in particular against the pollution of
groundwater by leachate infiltration into the soil;
Whereas it is necessary to harmonize the permit procedures
for all classes of landfills according to the general licensing
requirements already set down in Council Directive
75/442/EEC of 15 July 1975 (*) on waste, as amended by
Directive 91/156/EEC ('), and to the particular aspects of
landfill as required in this Directive;
Whereas it is necessary to avoid disparities in the waste
acceptance procedures in different landfills, and for this a
homogeneous system of waste sampling, characterization
and analysis will have to be fixed;
Whereas it is necessary to establish common control
procedures' during the operation 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 of the operator on the
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
Directive;
Whereas an old operating site should be corrected as far as
possible in order to mitigate its possible negative
environmental impact;
Whereas in compliance with the 'polluter pays' principle the
price charged for waste disposal in a landfill shall cover at
least all the costs involved in the setting up, operation and
aftercare of the facility;
                                                                       Whereas the polluter pays principle requires
                                                                       as a minimum that damage to the environment
                                                                       produced by a landfill is adequately taken
                                                                       care of and that the operators of landfill
                                                                       sites have sufficient financial guarantees
                                                                       to support any necessary remedial actions;
 (*) OJ No L 194, 25. 7.1975*, p. 39.
 (») OJ No L 78, 26. 3. 1991, p. 32.
 ---pagebreak---                                                                 - 3 -
                                                                                        AMENDED TEXT
          ORIGINAL TEXT
                                                                      Whereas it is necessary to ensure the proper operation of
                                                                      the provisions implementing this Directive throughout
                                                                      the Community, and to ensure uniformly high standards
                                                                      of training and knowledge amongst landfill operators and
                                                                      staff by the provision of training courses
Whereas in order to provide sufficient funds for the control of
a dosed site it is proposed to create a 'Landfill aftercare fund'
to ensure that closed landfills are properly monitored during
the aftercare phase and appropriate curative action can be
taken if needed;
Whereas, with a view to following the evolution of waste
disposal by landfill, it is considered necessary to provide
data.
HAS ADOPTED THIS DIRECTIVE:
                            Article 1
                      Field of application
1.     Member States shall apply this Directive to any landfill
as defined in Article 3 (e).
2.     Transfer stations as defined in Artide 3 (g) and
fadlities for the storage of waste as defined in Artide 3 (h)
shall be exduded from the scope of this Directive.
                            Article 2
                        Types of waste
For the purposes of this Directive 'waste* means any
substance or object which . is covered by Directive
75/442/EEC.
According to its origin, waste is classified as:
— 'municipal waste*,
— 'industrial waste'.
According to its characteristics, waste is dassified as:
— 'hazardous waste',
— 'non-hazardous waste',
— 'inert waste*.
 ---pagebreak---                                                                   - 4 -
              ORIGINAL TEXT                                                                     AMENDED TEXT
                               Artie!* 3
                             Definitions
   For the purposes of this Directive:
   (a, 'municipal waste* means domestic refuse, as well as
        commercial or trade refuse and other waste which,
        because of its nature or composition, is similar to
        domestic refuse;
   (b) 'industrial waste' means w^aste arising from
        manufacturing or industrial activities or processes;
   (c) "hazardous waste* means any waste which is covered by
        Council Directive 78/319/EEC of 20 March 1978 on
        toxic and dangerous waste t 1 };
   (d) 'inert waste* means waste that, when deposited into a
        landfill, does not undergo any significant physical,
        chemical or biological transformations and which
        complies with die eluatc criteria set out in Annex III;
   (e) iandfiir means a waste disposal site used for the
        controlled deposit of the waste onto or into land;
   (f) *mono4andfiir 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,
        composition» and the characteristics of their
        leachates;
   (g) "transfer station* means a fadlicy where waste is
        unloaded in order to permit its preparation for further
        transport for recovery, treatment or disposal
        elsewhere;
   (h) 'storage* means the controlled temporary deposit of
        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
         storage shall be considered as equivalent terms to
         landfill;
                                                                         (i) * treatment' means the physical,
                                                                              chemical, thermic or biological
(i) •treatment* means the physical, chemical or biological
      processes that change the characteristics of the waste in
                                                                              processes            that     change            the
      order to reduce its volume or hazardous nature,                         characteristics of the vaste in
      facilitate its handling or enhance recovery;                            order to reduce its volume or
                                                                              hazardous nature, facilitate its
                                                                              handling or enhance recovery;
   (i) Ieachate* means any water percolating through the                j)  ' I e a c h a t e ' means a n y         licuid
        deposited waste and emitted from or contained within a             p e r c o l a t i n g through t h e d e p o s i t e d ~
        landfill;                                                          w a s t e and e m i t t e d . from                or
                                                                           contained within a l a n d f i l l ;
        •3 OJ No L 84. 31. 3. I97 8 . p . 43.
 ---pagebreak---           ORIGINAL TEXT                                                             AMENDED TEXT
(k) 'landfill gas* means all the gases generated from the
     landfillcd waste;
[\) "eluate* means the solution obtained by a simulated
   * laboratory leaching ;est;
{m) 'operator' means the natural or legal person responsible
     for a landfill.
                           Anxle 4
                      Classes of landfill
1. Depending on the types of waste to be deposited the
    following classes of landfill will be considered within the
    scope of this Directive:
    — landfill for hazardous waste,
    — landfill for munidpal and non-hazardous wastes and
        for other compatible wastes, as defined in the
        compatibility criteria set out in Annex til,
    — landfill for inert waste.
2. Each landfill shall be classified according to the terms of
    this Directive.
3. A laiulful may receive a mulripledasstficarion, provided
    chat the disposal operations are carried out in separate
    areas of the site, and that each of these areas complies
    with the specific requirements set for that class of
    landfill.
4. Independently of their type, wastes can be assigned to a
   ytnono-landful, as defined in Artide 3 (f). Mono-landfills
    will have to comply with the requirementsfixedforthe
    dass of landfill to which they belong, according to the
    type of waste deposited in them.
                           ArticU 5
       General requirements for all classes of landfill
A landfill must comply with the necessary requirements set
out in Annexes I, HI and IV in order to avoid environmental
damage.
                           Article 6
                   Application for a permit
The application for a landfill permit, as required in Artide 9
of Directive 75/442/EEC shall fulfil at least the            *
requirements and procedures as spedftcd in Annex IL
                                                                2. ' Following submission of the application for a per-
                                                                mit, the competent authorities:
                                                                (a) withm a period ofthree months may ask for addition-
                                                                    al infoinmation,mod^<ationsofthe project, or for an
                                                                    alternative plan,
                                                                (b) within a period of 12 months after the last submission
                                                                    shall reach a definite conclusion: <
 ---pagebreak---                                                                  - 6 -
           ORIGINAL TEXT                                                          AMENDED TEXT
                                Article 7
                        Conditions of the permit
   Member States shall ensure that:
   1". The competent authority shall not issue a landfill permit
         unless:
                                                                       (a)  the application is complete and
        (a) the application is complete and in accordance with
              this Directive;                                                1rt   accordance    with     this
                                                                            Di recti ve  and   the   competent
                                                                             authority     shall    undertake
                                                                             sufficient inspections of the
                                                                             site prior to any operations
                                                                             (whether      preparation      or
                                                                             depositing) to ensure that the
                                                                             environmental standards can be
                                                                             assured.
       (b) die applicant (owner and/or operator of the facility)
             responds to the appropriate technical and financial
             specifications required to establish and operate a
             landfill;
       (c) the landfill project complies with all              the
            requirements laid down in this Directive;
      (d) the landfill project is compatible with the waste
            disposal plans established pursuant to Artide 7 of
            Directive 75/442/EEC;
      prior to the commencement of disposal operations, the
      competent authority shall carry out an inspection of the
      site in order to ensure that it complies with the conditions
      of the permit.
                              Article 8
                       Content of the permit
 1. In accordance with the provisions set out in Artide 9 of
     Directive 75/442/EEC, the landfill permit shall state at
     least the following:
     (a) the list of defined types of waste to be permitted or
           cxduded in die landfill;
     (b) the requirements for the landfilling operations and
           control procedures as well is for the dosure and
           aftercare operations.
                                                                       cj
                                                                          The obligation to report at least
                                                                          annually as required in Article 11
                                                                            and Annex IV of this Directive.
2. The permit may be revised. In order toVevise a permit,
    the procedures set out in Artides 6/7 and S (1) of this
    Directive shall zpply.
 ---pagebreak---                                                                    _ 7 -
             ORIGINAL TEXT                                                                AMENDED TEXT
                            Article 9
               Waste not acceptable for landfill
Member States shall ensure that:
1. the following wastes shall not be accepted in a
    landfill:
    — wastes in liquid state, unless compatible with the type
         of wastes acceptable in each individual landfill, and
         with the operating procedure of the site (Annex IV:
         water balance).
    — wastes which, in the conditions of landfill, are
         explosive, oxidizing, highly flammable or
         flammable, as defined by Directive 78/319/EEC,
     — waste arising from medical or veterinary
         establishments which is infectious as defined by                    hospital and other clinical wastes arising from medi-
         Directive 78/319/EEC,                                               cal or veterinary establishments which is infectious
                                                                             as defined by Directive 91/689/EEC, and waste fell-
                                                                             ing within category 14 (Annex la) of that hazardous
                                                                             waste Directive.
    — any other type of waste which docs not fulfil the
        criteria specified in Annex HI, unless it is assigned to a
        mono-landfill as indicated in Article 10 (4) of dus
        Directive;
2 . no dilution of waste in order to meet die waste                      2. HO dilution or «ixtaire of waste
     acceptance criteria shall be permitted either before or             in order to meet the waste acceptance
     during die landfill operations                                      criteria shall be permitted either
                                                                         before or during the landfill
                                                                         operations.
                            Article 10
   Waste to be accepted in the different classes of landfill
Member States shall ensure that:
1. with the objective of guiding the different types of waste
    to be disposed of to the appropriate dass of landfill the
    assessment of the characteristics of die waste with respect
    to landfilling requirements will be made by reference
    to:
    — the origin of the waste,
    — the composition of the waste,
    — the leaching and compatibility characteristics of the
        waste with respect to the eluate and compatibility
        criteria set out in Annex III;
 ---pagebreak---                                                                - 8 -
       ORIGINAL TEXT                                                                   AMENDED TEXT
2. hazardous wastes that fulfil the eluate criteria «t out in
   Annex III shall be assigned to a hazardous waste landfill
   unless, if compatible with municipal waste, they are
   assigned to a landfill for municipal and non-hazardous
   wastes and for other compatible wastes;
3. hazardous wastes not fulfilling the eluate criteria shall be
   treated before disposal in a hazardous waste landfill;
4. hazardous wastes not fulfilling the eluate criteria set out             hazardous wastes not fulfilling the eluate criteria set
   in Annex III and which cannot be treated, or are not                    out in Annex III and which cannot be treated can be
   compatible for joint disposal with munidpal waste, or                   assigned to a mono-landfill. Specific and, if appro-
   any other type of wastes of a predse type, origin or                    priate, additional and more stringent requirements
   composition, can be assigned to a mono-landfill. Specific               shall be fixed by the competent authority for these
   requirements shall be fixed by the competent authority                  particular landfills according to the nature of the
   for these particular landfills according to the nature of               wastes to be deposited in order to ensure at least the
   the wastes to be deposited;                                             same level of environmental protection as for haz-
                                                                           ardous waste landfills as provided for in this Direc-
                                                                           tive. .
5. landfill for munidpal. non-hazardous and other
   compatible wastes landfill sites can be used for:
   (a) munidpal waste;
   (b) non-hazardous wastes of any other origin;
   (c) liquid wastes and sludges compatible with die
        landfillcd wastes and with the operation procedure
        of the site (Annex IV: water balance). Particular
        precautions shall be taken when disposing of liquid
        wastes to prevent the formation of aerosols as well
        as to promote uniform trickling and thus avoid
        the occurrence of preferential paths through the
        landfill;
   (d) any other wastes or mixture of wastes compatible
        with the landfillcd wastes, if their joint disposal
        supposes any advantage with respect to waste
        management and environmental protection, due to
        the beneficial interactive processes that occur
        between the different types of waste when mixed
        (Compatibility criteria: Annex III);
                                                                        (e)
                                                                             Joint disposal, where legally practised, «hall
                                                                             be authorised according to th« Unas of thli
                                                                             directive for a maximum period of 5 years aftei
                                                                              implementation of t h i s directive, after whlcl
                                                                             it shall be banned.
                                                                     5a. hazardous municipal waste which has been collected
                                                                         separately is assigned to a hazardous waste landfill;
   inen waste landfill sites shall be used only for inen waste
   that complies with the criteria set out in Annex HI. If
   neccssjry, in order to "meet the criteria, waste with a
   majority of inen components shall be previously soned
   or created to separate those components that might
   give rise to any physical, chemical or biological
   transformation.
                                                                      6a. any type of waste of a precise type, origin or
                                                                          composition can be assigned to a mono4andfill.
                                                                          Specific requirements shall be fixed by thecompetent
                                                                          authority for these particular landfills, according to
                                                                          the nature of the waste to be deposited.
 ---pagebreak---                                                                    9 -
             ORIGINAL TEXT                                                                        AMENDED TEXT
                            Article 11
                  Waste acceptance procedures
 Member States shall take measures in order that:
                                                                       1. the operator of a landfill shall
 1. the operator of a landfill shall accept waste only if, before      accept waste only if, before or at
     or at the time of delivery, the holder can show, by means         the time of delivery, the holder has
     of the appropriate documents, that the waste in question          had established and can show, by
     can be accepted in that site, according to its dass and the       means of the appropriate documents,;
     conditions set in the permit, and that it fulfils the
                                                                       that the waste in question can be
     acceptance criteria (Annex III);
                                                                       accepted in that site, according to
                                                                       its class and the conditions set in
                                                                       the permit, and that it fulfils the'
                                                                       acceptance criteria (Annex III);
2 . the operator of a landfill shall be responsible for:
    {a) checking of the waste documentation;
    (b) visual inspection and control of the waste at the
          entrance and at the tipping front;
     (c) die application, if required according to the
           provisions laid down in Annex HI» of a sampling and
           analysis programme of die waste delivered. This
           programme can be carried out by an approved
           laboratory contracted by die operator or by the
           operator himself if he possesses adequate and
           approved laboratory facilities;
     (d) keeping a register of the quantities and
           characteristics of the wastes deposited, indicating
           origin, date of delivery, producer, and, in die case of
           hazardous waste, die precise location on the site;
     (e) reporting on a yearly basis to die competent
           authority on die types and quantities of waste
           disposed of and on the results of the control
           programme, as required in dus Artide and in Annex
           IV;
                                                                        3 . when the producer or the holder
                                                                        of the waste i s a frequent user of
     when the producer or the holder of the waste is a frequent         the l a n d f i l l or Intends t o dispose of
     user of die landfill, he must reach a written contractual          lltf"*» m"*nfc*fc*«*s e f waste on a non-
     agreement with the operator of the site in order to deliver        periodical h»«i«. be anst reach a
     his waste to the landfill. The document shall describe the         written contractual agreement with
     general characteristics of the waste delivered;                    t h e operator of the s i t e i n order t o
                                                                        d e l i v e r h i s waste t o t h e l a n d f i l l . ;
                                                                        The . document s h a l l describe .the '
                                                                        general characteristics and ftlfiQ tftg
                                                                        o r i g i n and tvoe o f                   the waste
                                                                        d e l i v e r e d » Wa.«tto n o t i n c l n d e d i n t h e
                                                                        «<re«e»en* «hfflil b*> « r f y W * to *hm
                                                                        jtooeptanoe <-iHt*»ri« «wrt-Jihllkhed f o r
                                                                         that specific landfills •
     the operator of the landfill shall always provide written
      justification of each delivery accepted on the she. This
    document can be considered as evidence of the disposal
    of the waste and also as an agreement by single users of
     the landfill;
 ---pagebreak---                                                              -  10 -
                                                                                      AMENDED TEXT
     ORIGINAL TEXT
                                                                     5. if waste is not accepted at a landfill the holder shall
                                                                        notify the competent authority of the non-acceptance
5. if waste is not accepted at a landfill the holder shall return       of the waste and shall return it to the producer unless
    it :o the producer unless another adequate means of                 anther adequate means of disposal, complying with
    divfosal, complying with a!! the necessary requirements,            all the necessary requirements, can be found; in any
    cm be found;                                                        event the competent authority shall be informed by
                                                                        the holder of the final destination of the waste, all at
                                                                        the waste producer's expense;
6. the responsibility for the acceptance of waste on a landfill
    fails upon the site operator.
                           Article 12
   Control procedures in operation and aftercare phases
Member States shall take measures in order that:
    the operator of a landfill shall carry out during the
    landfill operation and aftercare phases a control
    programme as specified in Annex IV;
2. the operator shall notify the competent authority if any
    adverse environmental effects are discovered as a result
    of the control procedures and, in all cases, the operator
    must notify the competent authority of the nature and
    timing of the proposed measures to be taken;
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
    be carried out by that authority if the operator does not
    carry them out himself;
4. qualified laboratories responsible for the quality control
    of the analytical operations of the control procedures are
    designated.
                           Article 13
                       Closure procedure
Member States shall ensure that:
1. a landfill or part of it shall stan the closure
    procedure:
    (a) when it has reached its capacity, that is, when the
          definitive height of the waste deposited reaches the
          height defined in the landfill project required for the
          permit or expressed in it, or
                                                                                                                      ;\-:S\$^&ïiïi
 ---pagebreak---                                                                   - 11
                ORIGINAL TEXT                                                            AMENDED TEXT
                                                                         (b) by decision of the owner and/or
        îb) by decision of the owner of the site, with the                     the operator of the site, with
              authorization of the competent authority, or                     the need for agreement if they
                                                                               are different entities under the
          c.  by decision of the competent authority.
                                                                               authorization of the competent
                                                                               authority, or
                                                                          (c) by decision of the competent authority subject to
                                                                              appeal by the operator.
        "Whatever the case the competent authority has to justify
        its decision;
2. a closed landfill shall always receive a final cover in order
     to accommodate the site to its future uses and integrate it
     in the surrounding landscape.
     The type and characteristics of the cover to be applied
     shall take into consideration the class of landfill,
     the types of waste deposited and the particular
   . characteristics of the site in order to control its further
     development;
3. 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 0 and in
     particular on the measures to be provided for the
    monitoring and control of surface run-off water, gas and
     Ieachate emissions from the landfill, and for the
    protection and monitoring of groundwater as indicated
    in Annex rV;
4. a landfill or part of it may only be considered as definitely
    closed after the competent authority has carried out a
     final on-site inspection and has communicated to the
    operator its permit for the closure;
 5. after a landfill has been definitively closed, the operator
      shall be in charge of its maintenance, monitoring and
      control in the aftercare phase for a period of 10 jcars or
      for a shorter period if the competent authority authorizes
      it.
                                                                       5â at least 30 years after closure
                                                                          of the landfill or for as long as
                                                                          needed if the site poses am
                                                                          active risk. Ieachate from the
                                                                          site and the groundwater regime
                                                                          in the vicinity of the site are
                                                                          monitored and analysed at least
                                                                          twice a year (Annex IV1
                                                                          that the site remains safe.
                              Article 14
                     Civil liability of operator
 The operator shall be liable under civil law for the damage
 and impairment of the environment caused by the landfillcd
 waste, irrespective of fault on his pan.
 ---pagebreak---                                                                - 12
           ORIGINAL TEXT                                                            AMENDED TEXT
                            Article IS
                     Existing landfill sites
Member States shall ensure that:
1. landfills which have been granted a permit, or which are
    already in operation at the time of notification of this
    Directive, may not continue to operate unless they
    comply with the provisions set out in points 2 and 3;
    to be able to continue to operate, the operators of the
    sites referred to in point 1 shall apply to the competent
    authority for a confirmation of their permit or, in the
    event that the facility does not comply with die terms of
    this Directive, for the issue of a new or revised permit.
    The competent authority shall not grant the permit
    unless the future operation of the remaining part of the
    site meets the conditions laid down in this Directive;
                                                                    (a) Withm a period of one year after this Directive
                                                                        enters into force, the operator of a landfill shall
3. within a period of fi%c years after the date of                      prépare and presenttothe competent authorities,
    implemenution of this Directive:                                    for its approval, a oooditiooing plan for toe site
                                                                        (Annex H),
    (a) the operator of a landfill shall, if required, prepare
          and present to the competent authorities,fortheir
        • approval, a conditioning plan for die site supplying      (b) Within, a period of one year after the presenta-
          the information required in Annex H,                          tion of toe conditioning plan, toe competent
                                                                        authorities shall reach a definite conclusion,
    (b) the competent audwrities shall consklcr the demand
          and reach a definite conclusion,                          (c) On the oasis of the approved rite conditioning
                                                                        plan, the competent authority shall authorise the
     •;c) the operator shall carry out the conditioning plan of         necessary works and shall lay down a specific
          the site;                                                     transitional period which may not exceed two
                                                                        years for toe completion of the plan.
   if after five years after the date of implemenution of this
   Directive there are previously existing landfills which
   do not have a permit for continuing operations,
   the competent authorities shall take the appropriate
   measures for the dosure of those sites.
 ---pagebreak---                                                                     - 13 -
             ORIGINAL TEXT                                                                 AMENDED TEXT
                           Article 16                                                            Article 16
                  Cost of the landfill of waste
Member States shall ensure that the price to be charged for                Member States shall ensure that the price to be charged
the disposal of any type of waste in a landfill shall cover at             for the disposal of any type of waste in a landfill shall
least all the costs involved in the setting up and operation of            cover at least all the costs involved in the setting up and
the site, as well as the estimated costs of the dosure and                 operation of the site, as well as the estimated costs of the
aftercare of the fadlity.                                                  closure and aftercare of the facility, also to cover the
                                                                           financing of schemes of training for the professional and
                                                                           technical development of the personnel required to
                                                                           undertake the aforementioned tasks.
                             Article 17
                        Financial guarantee
  Member Sûtes shall ensure that, at thetimeof receiving a
  permit,, toe operator provides, by whichever means, a-
  finandal guarantee or any other equivalent, fixed by the
  competent authority, whose purpose shall be to cover the
  estimated costs of the dosure procedures and aftercare
  operations of the landfill. This guarantee shall be kept as long
  as the operator is in charge of the maintenance and aftercare
  operations of the site.
                             Article 18
                      Landfill aftercare fund
  1.     Member States shall ensure the establishment of one or
  more 'Landfill aftercare funds* whose structure is to be fixed
  by the competent authorities.
  2.     The purpose of these funds shall be: .
  (a) to cover the normal aftercare costs of dosed landfills;
  (b) to cover the expenses originated by the operations
       necessary to prevent or cure the damage to the
       environment produced by the disposal of waste in case it
       is not otherwise recoupable or not covered by insurance
       orfinancialguarantee.
   3.     The fund shall not cover the costs that can be directly
   diarged to the landfill operator as long as he is liable.
   4.     The operator of each landfill shall contribute to the
   "Landfill aftercare fund* in the light of the dass of landfill and
   of the types and tonnage of the wastes landfillcd. The
   financiat guarantee set out in Artide 17 does not free the
   operator from contribution to the Fund. \
 ---pagebreak---                                                                - 14 -
                                                                                             AMENOED TEXT
            ORIGINAL TEXT
                          Article 19                                                            Article 19
                     Obligation to report
1. Each year, and for thefirsttimeon               , Member           1. Each year, and for the first time on.... Member
States shall forward to the Commission a repon on the                 States shall forward to the Commission
landfill of waste containing the information necessary for the                                                          a report
Commission to evaluate the compliance with the terms of this         on the landfill of waste containing the following informa-
Directive.                                                            tion:
                                                                     — individual data on each landfill in operation as
                                                                           indicated in paragraph 2 of this artide,
                                                                      — cumulative data, at national level, of the quantities
                                                                           and types of waste disposed of and the total cost of
                                                                           disposal,
                                                                      — existoigpUuisforthèsetn^upofnewlandlulrites,
                                                                      — closed down landfill sites,
                                                                      — a report on the technical and financial activities of
                                                                           the Landfill Aftercare Fund.
                                                                        la. The data to provide for each specific landfill shall
                                                                        be the following:
                                                                        — reporting period,
                                                                        — name of the facility location,
                                                                        — owner and/or operator,
                                                                        — types and quantities of wastes received during the
                                                                             reporting period,
                                                                        —    cost of disposal (per tonne),
                                                                        —    area served,
                                                                        —    year in which operations started,
                                                                        —    total accumulated quantifies of wastes deposited,
                                                                        —    calculated final capacity of toe site,
                                                                        —    yearinwhichfinalcapacitybexpectedtobereached.
                                                                        A model ofthe data table to be provided on each landfill is
                                                                        included In Annex IV.
 ---pagebreak---                                                                - 15
          ORIGINAL TEXT                                                                   AMENDEO TEXT
   2.    On the basis of the report referred to in paragraph 1,     / 2. On the basis of the report referred to in paragraphs 1
   the Commission shall publish a consolidated report every           and 2, the Commission shall publish a consolidated
   three years, and for the first time on                             report every three years, and for the first time on
                          Article 20
                         Committee
The amendments necessary for adapting the Annexes to this
Directive to sdentific and technical progress and proposals
of standardization about control, sampling and analysis
methods in relation to the landfill of waste, shall be adopted
in accordance with the following procedure.
The Commission shall be assisted by a committee composed
of the representatives of the Member Sûtes and chaired by
the.representarive of die Commission.
The represenutive of the Commission shall submit to the
committee a draft of the measures to be uken. The
comminee 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 Artide 148 (2) of the EEC Treats' in the
case of dedsions 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 comminee.
If the measures envisaged are not in accordance with the
opinion of the comminee, 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 expiry of a period of three months from the date
of referral to the Coundl, the Council has not aaed, the
proposed measures shall be adopted by the Commission.
 ---pagebreak---                                                              -   16 -
                                                                                    AMENDED TEXT
        ORIGINAL TEXT
                                                                                        Article 20a
                                                                      Training and information
                                                                      Member States shall take the necessary measures to
                                                                      ensure the provision of:
                                                                      (a) the professional and technical development and
                                                                          training of landfill operators and staff,
                                                                      (b) information campaigns on landfill operations and
                                                                          techniques for toe benefit of both public authorities
                                                                          and the public in géneraL
                           Article II
                          Enforcement
1.     Member Sûtes shall bring into force the laws,
regulations and administrative- provisions necessary to
comply with this Directive within one year of its notification.
They shall immediately inform the Commission thereof.
When Member States adopt these measures, these shall
conuin a reference to .this Directive or shall be
accompanied by such reference on the occasion of their
official publication. The procedure for such reference shall
be adopted by Member States.
 2.     Member Sûtes shall communicate to the Commission
 the texts of the provisions of national law which they adopt in
 the field covered by this Directive.
                            Article 21
 This Directive is addressed to the Member Sûtes.
 ---pagebreak---                                                                 17 -
      ORIGINAL TEXT                                                                                   AMENDED TEXT
                                                            ASS EX I
                              GENERAL REQUIREMENTS FOR ALL CLASSES OF LANDFILLS
        1.     Location
        1.1.   The location of s 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                                  (c) t h e             geological                  and
            the area;                                                             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.
   .2 The landfill can be authorized if                                  1.2 The          landfill            can        only be
       the characteristics of the site                                          authorized if the characteristics
       with             respect                to         the                   of the site with respect to the
       abovementioned requirements, or                                          abovementioned requirements, or
       the corrective measures to be                                            the corrective measures to be
       taken, when considered in an                                             taken, when considered in an
       environmental impact assessment                                          environmental impact assessment
       in the meaning of Directive                                              in the meaning of Directive
       85/337/EEC indicate that the                                             85/337/EEC indicate that the
       landfill does not pose a serious                                         landfill does not pose a serious
       environmental risk.                                                      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.
VL The landfill shall be equipped so that dirt originat-                   ?,?, The landfill shall be equipped so that dirt originat-
ing from the site is not dispersed onto public roads.                      ing from the site is not dispersed onto public roads and
                                                                           surrounding land.
        2.3-   All roads and service areas within the boundary of the landfill must be buik and maintained to comply with
               die water control and sou 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 mua! impact of a landfill, in particular when easily visible
               from residential areas, recreation areas and roads.
        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 tunes.
                — contact and emergency telephone numbers.
               — authority responsible for the operjnm: permit and control of rhe site.
        S.Z.   The additional information musi J I * J J I be available to the public, on request:
               — type* of" wastes for which the site ha» received an operating permit,
                   tariff* bo be applied for the depositing of w « w on ch< site.
 ---pagebreak---                                                          - 18 -
ORIGINAL TEXT                                                                                   AMENDED TEXT
   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 conuolled on i:s
           — origin.
           — type and characteristics.
           — quantity weight or volume".
             the appropriate identification                                -    the appropriate identification,
            documents. <* required.
                                                                         6.3a The system of control and access
                                                                               to each facility should contain
                                                                               a programme of Measures to
                                                                               detect and disconraoe illegal
                                                                               dumping,
  6.3.    During operating hours, a suitably qualified person m charge of the landfill opcrauons must always be
          present
   *?.    Water control and Ieachate management
   7.1.   Appropriate measures shall be taken in order to control surface- and. or groundwater entering into the
          landfillcd waste.
  7.2 All water or Ieachate emanating                                 7.2    All water or Ieachate emanating
         from       the      landfill          shall        be               from the landfill                  shall      be
         collected          unless»        through          an               collected        by       means       of      an
         environmental Impact assessment,                                    efficient drainage system, so as
         1t Is determined that collection                                    to      ensure       that         no     water
         1s not required.                                                    accumulates at the bottom of the
                                                                             site.      unless,            through         an
                                                                             environmental Impact assessment,
                                                                             1t 1s determined that collection
                                                                             1s not required.
   7.3.    Contaminated water and Ieachate 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 die necessary conditions, naturally or artifkaîly achieved, to prevent pollution of die
           soil or groundwater.
    8.2.   The non-saturated geological formations constituting die substratum of the landfill base and sides shall
           satisfy the following permeabUity and thickness requirements.
           Maximum values of the permeability coefficient, K (m/s), foe 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 W m s.
           — Landfill for inert waste:
                K s no limit value.
    83      The method to be used tor the determination of the permeability coefficient for landfills, in thefieldand for
            the * hole extension of the site, is to be developed and approved by the comminee 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---                                                         - 19 -
     ORIGINAL TEXT                                                                             AMENDED TEXT
         9.      Gas control
                                                taken in order to control the accumulation and migration of landfill gas
         9.1.     Appropriate measures shall be
                  (Annex IV;.
      9.2 Landfill gas shall be collected                      9.2    Landfill gas shall be collected
           and        properly         treated      and               and       properly        treated         and
           preferably used. This obligation                            preferably used 1n such a way as
           applies to biologically active                              to     minimise       damage       to      or
           sites        receiving        or     having                deterioration of the environment
           received «ore than 10 000 metric                            unless      by     an     environmental
           tons of wastes per annum.                                   Impact        assessment          1t       1s
                                                                       determined that collection 1s
                                                                       not required.
         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,                                                    birds, and vermin and insects,
                  — formation of aerosols.
          11.     Control of stability
          11.1. To provideforsabiltty of the maascl waste an^
                  of slippages, die emplacement of waste on the sate shall cake place under suitable systems of quality
                   assurance.
                                                            ANNEXÂT
          Basic iiifonnation to provide m the case of:
         A. Tbcca^baslimentafidc^>eratkMofabnd£0
          B. T!»c oaodttioning plan of au existing landfill
         C     The closing of* landfill
         *w>fcenayplYinfl^apgmktAg<lnritmrw
         the ske, m function of the alternative (A, B» Q 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 chat have been deposited (B,
              Q;
         3. waste management capacity (dauy, monthly, yearly) ic* whicfe rAC facility b projected;
         4. report with a comprehensive description of the she including-
              •— situation and accrst,
              — boundaries and topography.
                                                                            geological-          and         hydrological
               geological              and      hydrological
                                                                            characteristics of the area based
               characteristics of the area.
                                                                            ypof» appropriate data and on
                                                                            f? mplyg taken in situ.
— local meteorology;                                                 —     local meteorology, taking into account the most
                                                                           unfavourable weather conditions;
 ---pagebreak---                                                       20
   engineering details of the project including the development, conditioning and lot dosing 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;
6. of peradon and control plan for the site including:
    — phasing and description of the operations,
    — water, Ieachate and gas control measures,
    — measures for the control cf environmental nuisances,
    — operating times.
    — access control and waste acceptance procedures,
    — equipment ro be utilized,
    — personnel list indicating qualifications, duties and responsibilities,
    — monitoring and maintenance procedures.
    — operational and safety rules and emergency procedures;
7. plan for the dosure and aftercare procedures induding:
    — final capacity and expected operational period of the facility,
    — final contours and topography of the site,
    — final restoration plan,
    — phases for partial dosure and restoration of filled-up areas,
    — aftercare control measures;
8. environmental impact assessment in the meaning of Directive 8 5 / 3 3 7 / E E C ;
9. economic information on die project induding estimations of die initial:
    — capital investment,
    — operational costs,
    — charges.
                                                    AKNEX     III
                           WASTE ACCEPTANCE CRITERIA A N D PROCEDURES
       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 duate and of the compatibility of different types of waste in the cases of joint
       disposal (eluate and compatibility criteria).
       N o matter which are die 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.
       General principle
       All wastes discharged into a landfill will have to be previously characterized according to die 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 analysts
       programme.
 ---pagebreak---                                                     -    21
3.   Sampling
     Definitions:
     A. Homogeneous waste:
          All.rypes of waste which at the time of sampling, ue 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 ocher wastes.
     B. Representative sample:
          A sample is to be considered as representative if the small amount of materia] wheighed out for
          the analyses has die 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 0 0 0 g or ml, per delivery;
               (b) for heterogeneous waste: one representative sample of 1 000 g or ml, per five tons of waste or
                     pan thereof.
          2. tor 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    I  weight and number of container» to be sampled fee a laboratory sample
                          < 5 kg             Sufficient for a cumulative sample of at least 1 kg taken from at
                                             least x (*) containers
                    •                      J                         '
                          > 5 kg             Sufficient for a cumulative sample of between 1-2^5 kg taken from at
                                             least x (*) containers
               {') wliere: x « ^ n * 1, a being the cocal number of container».
          3 . Muniàpial      waste
               U is considered necessary to regularly sample these wastes as there is a need to evaluate the changes
               in corm^osition in order to be able to cake appropriate action m advance or as an alternative to
               landfilling, e.g.: prevention of contamination, selective collection, recycling, e t c
               — 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, e t c ) , 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 dedaration is not
                   adequate.
4.   Control procedures: duate criteria (not to be applied to munidpal 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 die waterbalance of the landfill.
     Although numerous studies have been devoted to die evaluation of the relationship between laboratory
     tests and the fate of leachates, the scardty 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 quatiutive information on the composition
   . of percolating waters and the nature of the mobilized potentially toxic substances. Reference: Étude
     bibliographique sur*1es lixiviats produits par la mise en décharge de déchets industriels, 4 volumes,
     EEC-Xn-ENV/20/86.
 ---pagebreak---                                                         - 22 -
ORIGINAL TEXT
                                                                                                            AMENDED TEXT
 T r e a t m e n t of the s a m p l e s :
 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 table fixes the 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
 For eluate concentrations higher than the maximum                       values fixed, hazardous wastes will have to be treated
 values fixed, hazardous wastes will have to be treated                  prior to landfill, unless compatible for joint disposal with
 prior to landfill, unless compatible for joint disposal with            municipal wastes, or, if treatment is not possible-destined to
 municipal wastes, or, if treatment is not possible, desti-                  a mono-landlill.
 nated 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—1,0 mg/1                         < 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
                                                                                             the total of these
  1.07                     copper                       2—10 mg/1
                                                                                             metals: < 5 mh/1 (»)
  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 («)                      0,6—3,0 mg/1                          < 0,3 mg/1
  1.19                                J
                           solvents ( )                 0,02—0,10 mgCl/1                      < 10 ug Cl/1
  1.20                     pesticides ( 5 )              1—5 ug Cl/1                          < 0,5 ug Cl/1
  1.21                     lipoph. sub.                  0,4—2,0 mg/I                         < 1 mg/1
  (')  And no single value above the minimum fixed for hazardous waste.
  (*)  Readily released.
  (»)  If possible < 500 mg/1.
  (*)  Adsorbed organically-bound halogens.
  (J)  Chlorinated.
  Notes:
   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 8 7 / 2 1 7 / E E C on the
        prevention and reduction of environmental pollution by asbestos.
(*) This amendment concerns only the English version (linguistic correction)
 ---pagebreak---                                                   -    23      -
      Analytical method»
      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     1 pH                                         (SO-DP 10 523 or DIN 3S404-C5-84,
      1.02     ; TOC in eluate                              DIN 3S409-H3-S5,
      1.03     j arsenic                                    ISO 6595-1982 or DIN 38405-E6-81,
      1.04       !ead                                       ISO S28S-19S5 or DIN 3S406-E6-S1.
      1.05     • cadmium                                    ISO S288-1985 or DIN 38406-E19-80,
      1.06    t  chromium VI                                1SO-DIS 9174-88 or DIN 3S405-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                                    BO 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                                   BO-DIS 9297 or DIN 38405-D1-85,
      1.15       cyanide                                    DIN 38405-D14-88,
      1.16       sulphate                                  BO-DIS 9280-1 or DIN 38405-D5-85,
      1.17       nitrite                                   BO 6777-1983 or DIN 38405-D10-81.
      1.18       AOX                                       BO-DB 9562 or DIN 38409-HW-S5,
      1.19       chlorinated solvents (')                  BO-DP 10 301 or CC head-space
     1.20        chlorinated pestiddes (*}                 G.C. (capillary column)
      1.21       extractible lip. substances {*)           cf. param. 27, Directive 80/778 'EEC
     (») Needs 2 ml of chute.
     (2) After extraction of 1 litre of duate.
     (') Needs 250 ml of duate*; chlorofrom extract, resales 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 poUuting 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 mubidpal waste should be accepted for joint-disposal. The
     maintenance of a balanced input of wastes to ensure that 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 dear definition of leachate levels and quality
         within the refuse mass.
     — Specific measures for joint-disposal shall be set by die 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 *rcz of the operating zone:
         — < 5 ha « minimum5,
         — 5—10 ha *\me per hectare.
         — >10 * l/Tha> (area. ha)**.
 ---pagebreak---                                                          -   24    -
          — Joint-disposal shall not be undertaken unless monitoring shows cicariy 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: 2:25 °C,
              —    average leachate pH: > 6 , 8 ,
              —    average leachate BOD/COD ratio: s 0 , 3 .
              —   gas production rate: > 5 m J '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 landfillcd 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
          — immisdble organic solvents or aqueous waste containing > 1 % immisdble organics
          — water misdble organic solvents with concentrations > 10%
          — wastes which react violendy with water or organic matter
         — asbestos (')
         — wastes containing significant concentrations (*) of following compounds:
             —    PCBs tc PCTs (oorychlorinated bi-and terphenyU) > 5 0 ppb (*)
             —    TCDDs (teuaduoiodibengodioxin) > 10 ppb for isomer 2 , 3 , 7 , 8
             —    PCNs (polychlorinated naphtalenes) > 50 ppm total (4)
             —    PAH (polyaromatk hydrocarbons) > 20 ppm
             —    organometaluc compounds (totally exduded}
             —    chlorinated hydrocarbons (induding chlorophenols) > 1 ppm
             —    pesticides > 2 ppm
             —    free cyanides > 10 ppm.
6.3.2. The following wastes (') may be joindy-disposed, subject to individual assessment and loading rate
         restrictions on specific components:
         — industrial effluent treatment sludges
         —- biological treatment sludges
         — add sludges,
         — interceptor wastes and tank sludges
         — paint wastes and spray booth effluents
         —   alkaline degreasams
         —   detergents, fats and greases in water
         —   adhesive wastes
         —   tannery and fellmongcring wastes
         —   brewery wastes
         —   animal and food industry wastes
         — metal finishing wastes
         — adds/alkalis
         — cutting oils/cooling oils
(') Exduded because of theriskspoted by excavation during joint-disposal.
(*) Tl»e^M|^fkamoo«KXi»aùoQ'6cuc« are extractedfromEEC directives^
    and orgationecaOk compounds; nom the Dutch legisbcion (fsodemvcronacuugiiig—Toetsiagswaanseavoordebcoordding
    van de conccntratientvcaus van diverse verontreuugingen;forPCNs, PAHs, chlorinated hydrocarbons, pesticides and free
    cyanides. This values should be rotted by a special Committee.                                                     T, w
{') Part per billion,or »f'kgoodf% extract,etc.                                                                          * '.
(*) Part per autJioa, or ng/kg 09 drjr extract, « e .                    .                                      •     . lX
(') TlK*ta«iiocextuti*àve,but6*sedoaryocsc4wasces
    solutions excluded!).                                                                              '•''{•"' '*'•' '''4^ï
 ---pagebreak---                                                                     -   25
6.4.       Loading rates
           For hazardous wastes to be jointly disposed with municipal wasre, their rate of deposition will be limited by
           the attenuation capacity of the accepting bulk of municpai waste. AJthough 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 races.
           Loading raies ar normally quoted as a quantity of hazardous waste which may be deposited either in a given
           period ieg. as per m " of municipal waste per day), or related with a given quannry of the accepting bulk [eg.
           as g per m' 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 methar.ogenic refuse. The landfill loading potential should
           then be applied to the reaction zone volume to derive a total loading limit for the sue.
           The loading rate controls shall apply to wastes containing: acids, heavy metals, cyanides, sulublc organic
           carbon, phenols and other prescribed organic compounds. Ammonia and chloride inputs shall also be
           assessed, on die 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 siie/waste-specific data submitted by the operator justify
           higher loadings.
                                                       Criteria for calculating landfill potentials
                                   Waste component                                                 Default value
                 acids (')                                                        100 equiv./tonne of munidpal waste
                 heavy metals (2) (')                                             100 g/toone of munidpal waste
                      Zn                                                          100 g/tonne of munidpal waste
                      Cu                                                          100 g/tonne of municipal waste
                      Ni                                                          100 g/tonne of munidpal waste
                      a                                                           100 g/tonne of municipal waste
                      pb                                                          100 g/tonne of munidpal waste
                      Cd                                                            10 g/tonne of munidpal waste
                      Hg                                                              2 g/tonne of munidpal waste
                      As, Se                                                          1 g/tonne of munidpd waste
                 cyanide (as CN)                                                      1 g / m ' of munidpal waste, per day ( J )
                 phenol                                                               5 g/m J of munidpal waste, per day («)
                 oil/hydrocarbons                                                     2 4 kg/tonne of munidpal waste
                 TOC                                                                10 g/m* of municipal waste, per day (T)
                 specified organics {")                                             10 g'm J of municipal waste, per day
                 {') Loading» to be calculated on a once-only basis, unless site monitoring inreactionzone demonstrates regeneration
                       of butter capacity. Acids shall be deposited in a separate area from wastes containing cyanide or sulphide.
                 {*) Loadings to be calculated on a once-only basts. A prior precipitation test shall be applied to any waste containing
                       > 100 mg/1 soluble heavy metals. This should consist o f a p H adjustment to 10.5, mixing for five minutes,
                       followed by settlement for 3 0 minutes, l i t h e soluble metal content then exceeds 2 0 mg/1 the waste shall not be
                       jowdy disposed unless the operator can provide practical evidence t o show its anenuariocts in refuse.
                 (')   The maximum default value for the total o f heavy metals shall not surpass die 1 0 0 g/tonne o f municipal
                       waste.
                 {*)   Organic compounds o f List 1 from the Directive 8 0 ' 6 8 / E E C o n groundwater.
                 (')   Unless site/waste-specific data o n particular wastes show then» t o be completely degraded. N o waste containing
                        > mg'I as soluble C N shall be joindy disposed.
                 (*)   Unless site monitoring s h o w s t h e rcactton tone ability t o degrade completely the phenols.
                 (*)   Unless specific data o n particular wastes show them t o be highly dcgradablc.
(*; T h e r e a a i o o zone volume^» that portion o f leachaic-saturated refuse with which die joindy-disposed waste will come into , ; ;
    o o n t a a cither dirccdyo^durfaig leachate rccircuU                                                                                         •::•;
    months for applied liquid wastes and tor leachate from jenody disposed sol»d hazardous waste.                              • ••. :\>. ;••;•: .••••?%
 ---pagebreak---                                                       -   26
 6.5.     Momioring adherence to loading controls
         For adds, heavy metals, TOC. oil. phenols, cyanide, ammonia and chloride, control shall be based on
         retrospective analysis of composite samples from ai' inputs. The frequency of such analysis shall be related
         10 the hydraulic retention time HK.T- :n the reaction ionc, 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
         residua! waste components and interference with the established methanogentc 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 H1.4. The
         duatc shall then be analyzed for all parameters listed in the table of $ 6.4 (induding spedfied organks).
         Loadings to the site shall then be assessed on the basis of the mass of readry soluble components. The
         frequency of analysis shall be rdated to the hydraulic retention time as given in $ 6.5.
7.       Intercalibratioo
        The qualified laboratories as designated in Artide 12 (4} of this Directive shall partidpace periodically in
        intercalibrarion exercises in order to update and improve the accuracy and precision of die control
        procedures and analytical methods.
                                                        ANNEX JV
                  CONTROL PROCEDURES IN OPERATION AND AFTER-CARE PHASES
Measuring Programme
This minimum programme shall be carried out durmg the c^>erational phase as an aid m the general m^iugement of
the landfill, and during the after care phase for a minimum of 30 years after the definhivedc«sure to prevent furdier
damage to rhe landfill body or to die 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 (M.
                                                                        Operating phase                After-care phase
        1.1        Volume and intensity of precipitation             daily
        1.2       Temperature *min„ max.,
                   14.00 h C E T ;                                   daily                    ! ] monthly on die
         1.3       Direction and force                                                        : V same day
                  of prevalent wind                                  daily                    1 j of the month
        1.4        Evaporation (lysirneter) {*}                   ! daily                       I
        1.5       Atmospheric humidity (14.00 h CET)              { daily
        (•; Or by measuring^parameter 1.5 and calculation of evaporation according to Haudc.
              .        .   _ ^           .   —      _ -    _™~~_                  _ _ ™ „ _ _      _ .   ;  _      .    ;       •
        Ci Parameter! 1.1 to l.J can be replaced by die Veffeotivc rainfall*, provided by some local network. ••'ri^^!^)^^]^^làl!;::/, •/•£*jl.-•*«'•
 ---pagebreak---                                                    -   27
 Emission data: water, leachate and gas control
Sampling. For leachate and runoff water, a 10 litre global sample, representa^ve of the average
composition, should be available each month for monitoring. Reference: General guidelines on sampling
 technology. ISO 566*"-2 U988 .
                                                            Opcr*<•:.-.g phase                  After-care phase
 2.1         Lc-iohjte volume                        dail v sum vasue                    everv 6 months
2.2          Leachate
            composition v:                           monthly t -}                     :
                                                                                         everv 6 months
             Surface runoff water
            composition                              •monthly (*)                        every 6 months
2.4       • Gas emissions
          ! (CM,, CO,, O,, H a S, H, etc.)           monthly (*) (')                     every 6 months idem (4)
(•} The parameters to be measured and the substances to be analyzed vary according to the composition of die waste
     deposited; they must be laid down in the permit document and correlated to the eluate criteria erf the landfilled waste*.
     Those chosen for the leachate should be such thai estimates of the influence of the leachaa on the t>arrier at d>e base of
     the landfill can be made from die annual evaluations.
(*) The measures and analysis shall be carried out at least once a month during thefirstyear of operation. If the evaluation
     of data indicates that longer intervals are equally effective, they may be increased to a maximum of three months.
     ConduenvKv must always be measured at least once a month.
('} CH., CO*. Ox regularly; other gases as required, according to the competition of the waste deposited.
  4
( ) Efficiency of «he gas drainage layer must be checked regularly.                   i
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 levd) 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 bid down on the basis of the leachate composition determined in the
operating phase. Spedal 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 poliunon caused by certain dangerous substances.
For the substances of list 2 of Coundl 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 (*)                 every 6 months
Groundwater composition                                      every 6 months                     every 6 months
{*} If there are weaving groundwater levels the imervalls 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. ;-->v\;:>-.\ •-. •
 ---pagebreak---                                                                      28    -
                                                                                                              AMENDED TEXT
    ORIGINAL TEXT
        Watcrbalance
        Although the calculation of the water balance only has a theoretical value, it can be often a very convenient
        parameter for practical management purposes, dunng the operating phase. Frequency: twice a year
         April— October:. The measurement of parameters 1.1 to 1.5 meteorological da:a', combined with the
        measurement of parameter 2.1 ieachate volume, in emission data', permits the estimation of die annual
        water balance in ihe landfill. A convenient calculation method for a landfill in operation phase could
        be:
                                                                L, = 1-E-aVC
        with.
        Lo = free leachate retained at the site .equivalent to leachate production minus leachate leaving the site', m
                m 1 -annum;
        1 = total liquid input [precipitation plus liquid waste, plus any surface water inflow], in mVannum;
        E = evapotranspirative losses (evaporation plus minimal transpiration), in m'/annum;
        a = absorptive capadtyf} of the waste, in m'/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 strau, implies theoretically that the site is operated so that *U is
        negative or zero. An increasing positive value for L« implies leachate build-up in the site.
        Topography of the site: data on the landfill body
                                                                                  • Operating phase •     After-care phase
        5.1.        Structure and composition of landfill body (*) -              I    yearly
        S.2.       Seeding behaviour of die levd of die landfill body                  yearly            yearly reading
        V Data for the status plan of the concerned landfill: surface occupied by «vaste, volume jnd composition of waste,
            methods of depositing, time and duration of depositing, procrfofstabiluy«'d»ebodycrfth«Undfifl,cakuUtk>nofthe
            depositing capacity soil available at the landfill.
                                                                                                        ANNEXIVa
                                                                              A model for the fiche for the data to be provided on each
                                                                              landfill as required in Artide 19 of this Directive is to be
                                                                              drawn up in accordance with the procedure of Article 18
                                                                              of Directive 75/442/EEC no later than six months before
                                                                              the date of implementation of this Directive.
                                                                              This fiche shall be included in the annexes of this
                                                                              Directive.
I* ' Absorptive capacity: The maximum amount of liquid taken up and retained by unit weight of solid wider specified
     conditions; usually the amount of kqutd retained by unit weight of refuse m a landfill before leachate is emitted (or
    practically die residual humidity at the time of sampling;.
 ---pagebreak---                                              n
                                                                      ISSN 0254-1475
                                                               COM(93) 275 final
                                                       DOCUMENTS
EN                                                                          14 05
                                 Catalogue number : CB-CO-93-305-EN-C
                                                              ISBN 92-77-56729-5
Office for Officiai Publications of the European Conimunities
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