Complying with the Mining Waste Directive

Implementing the CBI Guidance

Neil WellsGeological Services Manager, Hanson UK

Slide 2 - 11 October 2010Implementing the CBI Guidance Note

Introduction

A working party from CBI Minerals Group has led discussions and negotiations with the EA regarding the implementation of the Mining Waste Directive– From the discussions, a process emerged that could be used to define

materials as a non-waste by-product A guidance note to allow operators to systematically review and

categorise materials as either extractive waste or non-waste by-products was developed– It does not change the legal definition of materials

– If the process is followed and the materials are properly verified, the EA will accept that they need not be subject to Environmental Permitting

Slide 3 - 11 October 2010Implementing the CBI Guidance Note

Regulatory control of extractive waste

The EA position is that all materials that are not the target mineral are potentially extractive waste and will require either an application for an Environmental Permit or confirmation of their status as non-waste by-products

– All extraction operations will be subject to some form of assessment

Permits are not required if materials are to be used in restoring the site and operators have confirmed their non-waste by-product status to the EA

– Note that in such circumstances the EA has decided not to regulate such materials as extractive waste

– In all other circumstances an environmental permit is necessary and subject to an application to the EA

Slide 4 - 11 October 2010Implementing the CBI Guidance Note

Regulatory control of extractive waste

The Environment Agency Mining Waste Position Statement PS015 sets out how they will regulate materials generated at quarry sites

– Provides a proportionate definition of extractive waste

– Allows for materials arising from most quarrying operations to be classified as non-waste by-products (including overburden, unsuitable mineral, etc).

– Confirms that the Avesta Polarit tests have to be satisfied to demonstrate materials are non-waste by-products

But…

– Silt collected in settlement ponds will still be considered as extractive waste

Unpolluted soil will not be regulated as an extractive waste and there is no need to classify it as a non-waste by-product

– MWPS PS042 applies

Slide 5 - 11 October 2010Implementing the CBI Guidance Note

Regulatory control of extractive waste

Environmental Permits will be necessary for mining waste operations, or for mining waste operations including waste facilities

– Mining Waste Operations include any activity in which extractive waste is generated or handled

– Mining Waste Facilities are those areas where extractive waste accumulates (depending on certain factors such as nature of the waste and the time period)

– A Waste Management Plan that addresses specified items is required for all mining waste operations that require a permit

For non-waste by-products, Environmental Permits are not necessary

Slide 6 - 11 October 2010Implementing the CBI Guidance Note

The CBI Guidance Note

The CBI Minerals Group guidance note provides a means of determining the status of extractive materials

– Principally the application of the Avesta Polarit tests in determining whether a material is waste or not

– Defines extractive materials as ‘non-waste by-products’

– Applies to the use of materials in site restoration

– Only applies to inert materials

– Materials must still be managed in such a way as to prevent harm to health or the environment

Slide 7 - 11 October 2010Implementing the CBI Guidance Note

The CBI Guidance Note

The underlying principles are that materials such as overburden are simply moved in the act of winning and working materials and do not pass through any specific processing or treatment– They may be defined as non-waste by-products

Silt discards from mineral processing will be considered to be extractive waste

– They were generated from processing the target mineral

– This is still the subject of discussion with the EA

Slide 8 - 11 October 2010Implementing the CBI Guidance Note

The CBI Guidance Note

The Avesta Polarit tests are at the heart of the CBI Guidance Note

The tests must be satisfied before materials can be defined as ‘non-waste by-products’

– Must be able to identify the materials to be used for restoration

– Must provide sufficient guarantees of that use

– The EA must agree that the period during which the materials will be stored before being used is not so long that those guarantees cannot be provided

– The use of the materials must be necessary and lawful

– The materials must be used for restoration without further treatment or processing processing

Slide 9 - 11 October 2010Implementing the CBI Guidance Note

The CBI Guidance Note

An Extractive Materials Management Statement is required to demonstrate that the tests are met– An EMMS applies to materials, not to the site as a whole

– Materials are ‘verified’ as being non-waste by-products

– EMMS must be submitted to the EA for agreement

When accepted by the EA, the materials the subject of the EMMS do not require an environmental permit for their management– Management of materials is still necessary to ensure that they do not

pose an unacceptable risk to health, safety or the environment

– The principles of the MWD must not be undermined

Non-waste by-products are not extractive waste– Handling them does not comprise a mining waste operation

– Areas where they are deposited do not comprise mining waste facilities

Slide 10 - 11 October 2010Implementing the CBI Guidance Note

The CBI Guidance Note

A ‘Verified’ EMMS is submitted to the EA The Verifier must be a competent person

– Relevant academic/professional qualifications

– Corporate membership of an appropriate professional body

– Not less than three years relevant experience The verifier may be an employee of the operator, or a third party The verifier recommends to the EA that they should accept the

status of the extractive materials– Further verification may be needed for scheme changes

– The verification can be ‘transferred’ to another operator

Slide 11 - 11 October 2010Implementing the CBI Guidance Note

The CBI Guidance Note

The EA will audit verified statements– Checks to confirm the verification is appropriate

– May wish to confirm use of materials It is necessary for operators to confirm the use of extractive

materials– May be by reference to restoration progress or other monitoring reports

Slide 12 - 11 October 2010Implementing the CBI Guidance Note

Key issues to remember

The regulations are in force and all sites must comply with the ‘spirit’ of the Mining Waste Directive

The application of the CBI Guidance Note provides an agreed route to confirming the status of extractive materials

The approach in the CBI Guidance Note is low cost and with limited administration

– Simple statements submitted electronically

– No application fees

On acceptance of the verification, materials the subject of an EMMS are not regulated as extractive waste

The CBI Guidance Note is one route to defining the status of extractive materials and alternative means are available!