Decree No. 281 / 2018 Coll.
Decree amending Decree No. 429 / 2009 Coll., laying down the details of the plan for the management of extractive waste, including the evaluation of its characteristics and certain other details for the implementation of the Mining Waste Management Act
Valid
Effective from 01.01.2019
281
DECLARATION
of 5 December 2018
amending Decree No. 429 / 2009 Coll., laying down the formalities for the plan for the management of extractive waste, including the evaluation of its characteristics and certain other details for the implementation of the Mining Waste Management Act
In agreement with the Ministry of the Environment, the Czech Mining Authority provides, pursuant to § 25 (2), for the implementation of § 4 (6) and § 5 (5) of Act No. 157 / 2009 Coll., on the management of mining waste and on the amendment of certain laws, hereinafter referred to as "the Act":
Decree No. 429 / 2009 Coll., laying down the formalities for the plan for the management of extractive waste, including the evaluation of its characteristics and certain other details for the implementation of the Mining Waste Management Act, is amended as follows:
1. In Article 2, at the end of paragraph 6, the dot is replaced by a comma and the following point (c) is added:
"(c) evaluation of the oxidation properties of individual components of extractive waste and the possibility of geochemical changes in the storage site.";
2. in Article 7 (2), the words "including the possibility of cavern" shall be added at the end of the text of point (i).
3. in Article 11 (1) (d), the words "or demonstrably in stable chemical binding" shall be added after the words "in such low quantities."
4. Paragraph 12, including the title and footnotes No 13 to 17, reads:
Plan for the management of extractive waste
(K § 5 (5) of the Act)
(1) The plan for the management of extractive waste (13) in case of storage of extractive waste contains:
(a) person identification data (14), which will handle extractive waste in storage;
(b) the name, surname and contact details of the person responsible pursuant to Article 7 (3) of the Act;
(c) an assessment of the expected characteristics of the individual components of extractive waste and their changes pursuant to Sections 2 and 3 and, in the case of inert extractive waste, also in accordance with Section 11 and an indication of the estimated total quantity of extractive waste to be stored at the storage site;
(d) a description indicating the degree of impact of the management of extractive waste on the environment and human health and a proposal for preventive measures for the maximum reduction of environmental impact during and after the management of extractive waste, a proposal for measures to prevent deterioration of the quality of surface water and groundwater, and for the prevention or minimisation of air and soil pollution and for the assessment of the state of the territory affected or affected by the operation of the storage site;
(e) an overview of the types and categories of extractive waste produced, the ways in which it is handled and the way in which it is recovered or disposed of, when the plan for the management of extractive waste is amended, also an evaluation of the current management of extractive waste;
(f) evaluation of the plan for the management of extractive waste at the storage site of Category I and comparison with the waste management plan of the regions or regions concerned where the management of extractive waste is part of those plans;
(g) a summary of the measures, including the setting of time limits, to achieve the conditions laid down in Article 5 (2) (a) and (f) of the Act, which the operator will implement to prevent the production of extractive waste, to limit their quantities and hazardous properties;
(h) a proposal for measures to put an end to the operation of the storage site, including the method of remediation and recultivation15), post-closure procedures and post-closure monitoring, taking into account Section 10 of the Act, the draft control and monitoring procedures under Section 6 (5) (c) of the Act, and a proposal for a procedure for the detection of storage site instability or water or soil pollution under Section 6 (6) of the Act;
(i) the operational documentation, in particular the technological procedure for the rolling stock operation or the operating timetables, (16);
(j) a map of the surface at a scale of up to 1: 25 000 with the drawing of the boundaries of the storage site and the vertices of its geometric pattern, a list of the coordinates of the vertices of that geometric pattern, the link of which must be straight, and a list of the cadastral territories or parts thereof concerned;
(k) a copy of the decision to place the storage place in the category referred to in § 4 (1) of the Act, issued in accordance with the limits set out in § 4 to 9 of this Order; if a Category I storage site is planned, then also an emergency plan and documentation dealing with the safety management system of the storage site under Section 14 (2) of the Act,
(l) a copy of the operator's authorisation to dispose of the extractive waste;
(m) a copy of the decision authorising the operation of the storage site, if issued;
(n) project document17), on the basis of which a storage site will or has been established, provided that the construction is authorised by an administrative authority other than the district mining office.
(2) The plan for the disposal of extractive waste outside the storage site provided for in Article 16 of the Act and, in the cases provided for in Article 6 (4) of the Act, contains:
(a) person identification data (14), which will dispose of extractive waste outside a storage site under Section 16 of the Act or in cases under Section 6 (4) of the Act;
(b) the name, surname and contact details of the person responsible pursuant to Article 7 (3) of the Act;
(c) an assessment of the expected properties of extractive waste and its changes pursuant to Sections 2 and 3 and, in the case of inert extractive waste, also according to Section 11 and an indication of the estimated total amount of extractive waste generated during the management of extractive waste;
(d) a description indicating the degree of environmental and human health impact of the management of extractive waste and a proposal for preventive measures for the maximum reduction of environmental impact during and after the management of extractive waste, a proposal for measures to prevent deterioration of surface and groundwater quality and to prevent or minimise air and soil pollution and to assess the state of the territory affected or affected by the management of extractive waste;
(e) an overview of the types, categories and characteristics of the extractive waste to be handled, the ways in which they are handled and the ways in which they are recovered or disposed of, when amending the plan for the disposal of extractive waste outside the storage site, as well as an evaluation of the existing methods of management of extractive waste;
(f) an evaluation of the plan for the management of extractive waste pursuant to Article 6 (4) (a) of the Act and a comparison with the waste management plan for the regions or regions concerned where the management of extractive waste is part of those plans;
(g) a summary of the measures, including the setting of time limits, to achieve the conditions laid down in Article 5 (2) (a) and (f) of the Act, which the operator will implement to prevent the production of extractive waste, to limit their quantities and hazardous properties;
(h) draft measures after the closure of extractive waste management;
(i) the operational documentation, in particular the technological procedure for the rolling stock operation or the operating timetables, (16);
(j) a map of the surface at a scale of up to 1: 25 000 with the drawing of the ground plan of the place where the extractive waste will be or is already handled and the vertices of the ground plan of its geometric pattern, the list of coordinates of the vertices of this geometric pattern, the link of which shall be direct, and the list of the cadastral territories or parts thereof concerned;
(k) a copy of the operator's authorisation to dispose of the extractive waste;
(l) the date of first deposit of extractive waste in the cases referred to in Article 6 (4) of the Act;
(m) a proposal for a procedure for regular monitoring and control of the site where extraction waste will be handled during its operation and for a specified period after its completion, a proposal for a procedure for detecting the instability of the site or water or soil pollution, an assessment of the state of the territory affected by the management of extractive waste, and a method of remediation and recultivation15) the place where the extractive waste has been stored.
(3) The plan for the collection of extractive waste contains:
(a) identification data of persons 14), which will dispose of extractive waste at a storage site, outside a storage site pursuant to § 16 of the Act or in cases under § 6 (4) of the Act;
(b) the name, surname and contact details of the person responsible pursuant to Article 7 (3) of the Act;
(c) a description indicating the degree of impact of the management of extractive waste on the environment and human health and a proposal for preventive measures for the maximum reduction of the environmental impact during and after the management of extractive waste, a proposal for measures to prevent deterioration of the quality of surface and groundwater, and for the prevention or minimisation of air and soil pollution and the assessment of the state of the territory affected or affected by the operation of the storage site or the management of extractive waste;
(d) an overview of the types, categories and characteristics of the extractive waste to be handled, the ways in which they are handled and the ways in which they are recovered or disposed of, the evaluation of the existing methods of management of extractive waste;
(e) an evaluation of the plan for the management of extractive waste at the storage site of category I and a comparison with the waste management plan of the regions or regions concerned where the management of extractive waste is part of those plans;
(f) an overview of the measures, including the setting of time limits, to achieve the conditions laid down in Article 5 (2) (a) of the Act, which the operator will implement to limit their quantities and dangerous properties;
(g) the proposal for measures following the closure of the extraction waste, including the method of remediation and recultivation15) the site concerned by the management of extractive waste, the draft control and monitoring procedures provided for in Article 6 (5) (c) of the Act and the proposal for a procedure for determining the instability of the site or the contamination of water or soil pursuant to Article 6 (6) of the Act;
(h) the operational documentation, in particular the technological procedure for the rolling stock operation or the operating timetables16);
(i) a map of the surface of a scale of up to 1: 25 000 with the drawing of the storage site or place at which the extractive waste will be or is already handled and the vertices of the ground plan of its geometric pattern, the list of coordinates of the vertices of this geometric pattern, the link of which must be direct, and the list of the cadastral territories or parts thereof concerned;
(j) a copy of the operator's authorisation to dispose of the extractive waste;
(k) in the case of the removal of extractive waste from the storage site, the decision to include the storage site in the category referred to in Article 4 (1) of the Act, issued in accordance with the limits set out in paragraphs 4 to 9 of this Order; where the extraction of extractive waste from a Category I storage site is planned, also an emergency plan and documentation addressing the safety management system of the storage site under Section 14 (2) of the Act;
(l) details of compliance with the conditions for the removal of the construction in accordance with the project document17),
(m) a copy of the decision authorising the operation of the storage site, if issued.
(4) In the case of the removal of extractive waste from the storage site at which the extractive waste will be stored at the same time, the plan for the management of extractive waste referred to in paragraph 1 shall be sufficient, supplemented by the requirements set out in paragraph 3 (k) and (l).
13) Article 5 of Act No. 157 / 2009 Coll., on the Management of Mining Waste and on the amendment of certain laws, as amended.
14) Paragraph 37 (2) of Act No. 500 / 2004 Coll., Administrative Regulation, as amended.
15) Paragraph 31 (5) of Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Wealth (Mining Act), as amended.
16) § 29 (1) or § 31 (2) of Decree No. 51 / 1989 Coll., on safety and health at work and safety of operations in the treatment and processing of minerals, as amended.
17) Decree No. 499 / 2006 Coll., on documentation of buildings, as amended. '
Transitional provision
Plans for the management of extractive waste processed in accordance with Decree No. 429 / 2009 Coll., as effective before the date of entry into force of this Order, must be brought into line with the requirements of this Order by 31 December 2020 at the latest.
This Decree was notified in accordance with Directive (EU) 2015 / 1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical and information society services.
Efficacy
This Decision shall enter into force on 1 January 2019.
Chairman:
Ing. Štemberka, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 281 / 2018 Coll., amending Decree No. 429 / 2009 Coll., laying down the details of the plan for the management of extractive waste, including the evaluation of its properties and certain other details for the implementation of the Mining Waste Management Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.2018 |
|---|---|
| Effective from | 01.01.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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