Decree No. 429 / 2009 Coll.
Ordinance on the establishment of the formalities for the plan for the management of extractive waste, including the evaluation of its characteristics and certain other details for implementing the Mining Waste Management Act
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Effective from 01.01.2010
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429
DECLARATION
of 1 December 2009
laying down the formalities for the plan for the management of extractive waste, including the evaluation of its characteristics and certain other details for implementing 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":
Subject matter
This decree implements the relevant regulations of the European Community1), and provides for
(a) the method of assessing the expected physical and chemical properties of the extractive waste to be stored, taking into account its stability under different atmospheric conditions, the type of mineral extracted, and the characteristics of the plot or the noise to be moved during the extraction (hereinafter referred to as the "method of assessing the properties of the extractive waste");
(b) limits on the classification of storage sites;
(c) criteria for the characteristics of inert extractive waste;
(d) the details of the content of the plan for the management of extractive waste, the types of annexes to the application for approval of the plan and the requirements for the content of those Annexes.
Method of assessing the properties of extractive waste
(K § 4 (6) of the Act)
(1) The method of assessing the properties of extractive waste includes information on:
(a) activities involving mining waste (2);
(b) the geological characteristics of the bearing (3) resulting from the extraction of extractive waste;
(c) extractive waste and its intended handling;
(d) the geotechnology behaviour of extractive waste;
(e) the geochemical behaviour of extractive waste.
(2) Information on activities involving extractive waste shall include a set of general information on:
(a) exploration, quarrying or treatment of minerals;
(b) the type and description of the mining and treatment method used;
(c) the nature of the resulting product.
(3) Information on the geological characteristics of the bearing the extraction of which produces mining waste contains data on:
(a) petrography of surrounding rocks, their chemical and mineralogical characteristics, including hydrothermal changes in mineralised rocks and accompanying rocks;
(b) bearing characteristics, including bearing mineralisation characteristics;
(c) the typology of bearing minerals, their chemical and mineralogical properties, including physical properties, for mining minerals, accompanying minerals and newly created hydrothermal minerals;
(d) bearing size and shape,
(e) agitation and change in the ageing zone from a chemical and mineralogical point of view.
(4) Information on extractive waste and its planned management includes the description and nature of all extractive waste generated by individual exploration, extraction and modification activities, including the hiding, extraction of accompanying rocks, earths and silages, and includes data on:
(a) the origin of the extractive waste in the mining site or bearing and the process in which the extractive waste arises, such as exploration, extraction, sorting, crushing and grinding and enrichment;
(b) the quantity of extractive waste;
(c) the extraction waste transport system;
(d) chemicals used in the exploration, extraction or treatment;
(e) the classification of extractive waste in accordance with the Waste Catalogue (4);
(f) the type of storage place for the management of extractive waste, the conditions under which the extractive waste will be exposed and the way in which it is stored.
(5) In assessing the geotechnology behaviour of extractive waste, the physical characteristics of extractive waste shall be considered, which, for example, are:
(a) grain size,
(b) plasticity,
(c) density and water content,
(d) degree of compaction;
(e) cut strength;
(f) shear strength,
(g) the angle of internal friction;
(h) permeability and porosity,
(i) compressibility and consolidation.
(6) Information on the geochemical behaviour of extractive waste concerns the chemical and mineralogical properties of extractive waste and any additives or residual substances remaining in extractive waste. The information shall include a forecast of the development of the chemical properties of leakage over time for each type of extractive waste with regard to the planned management of extractive waste, in particular:
(a) evaluation of metal leaching, oxyanions and salts by appropriate tests;
(b) for extractive waste containing sulphides, carrying out static or kinetic tests to determine its acidic potential for acid water generation and metal leaching;
(c) evaluation of the oxidation properties of individual components of extractive waste and the possibility of geochemical changes in the storage site body.
Collection and evaluation of information
(1) When collecting the information and data necessary for assessing the properties of extractive waste, the operator shall proceed in the order referred to in paragraphs 2 to 5.
(2) When collecting information, the operator shall make use of the information obtained from the geological work and studies carried out, including existing authorisations, geological surveys of similar sites which relate to similar material and which comply with the requirements set out in Section 2.
(3) In the collection of information, the operator shall evaluate the quality and representativeness of all information obtained pursuant to paragraph 2 and shall ensure any missing information.
(4) If the information necessary to assess the properties of extractive waste referred to in paragraphs 2 and 3 is missing, the operator shall use the information obtained by sampling in accordance with the sampling plan and take samples in accordance with that sampling plan. The sampling plan shall contain information on:
(a) the purpose of the sampling;
(b) test methods and requirements for samples;
(c) the sampling point, including sampling from the drill core, from the extraction point, from the conveyor belt, from the chute, from the draining point or from other relevant points;
(d) procedures and recommendations concerning the number, size, weight, description and handling of samples.
(5) The documentation for sampling and subsequent testing shall specify:
(a) the place and purpose of sampling, in particular from the production section, from the plant or from the storage site;
(b) test methods and sampling requirements;
(c) the type of samples;
(d) data on samples, in particular their number, size and presentation;
(e) evaluation of the knowledge and existing information relating to the sample site;
(f) proof of the reliability and quality of the sampling results.
(6) The results of the evaluation of the properties of extractive waste referred to in paragraphs 2 to 5 are part of the plan for the management of extractive waste (5). In order to obtain supplementary information, paragraph 1 shall apply mutatis mutandis.
Limits for classifying storage sites into categories due to failure or incorrect handling
(1) The limit for the inclusion of a storage site in Category I is the possibility of a serious accident caused by a failure caused by a breach of the structure of the storage site or by an erroneous handling of the storage site where the storage site would occur
(a) a non-negligible potential risk to life;
(b) a serious danger to human health; or
(c) a serious threat to the environment or environmental damage or its imminent threat (6).
(2) The limit for the inclusion of a storage site in Category I is also the possibility that, in the event of disruption to the structure of the storage site, the storage capacity of the storage site would be reduced in the way for which it was built.
(3) A risk assessment is part of the application for the inclusion of a storage site in category 7), which represents a storage site for human health and the environment. Risk assessment of storage sites may also be carried out by waste storage risk assessors in accordance with the Ordinance on Professional Qualification8).
(4) When placing a storage site in the category referred to in paragraph 1, when estimating the potential risk posed by the storage site, the applicant shall evaluate the entire storage period, including the post-service period.
(5) When estimating the consequences of disrupting the structure of the storage site, the immediate impacts on the environment and human health resulting from the released extraction waste from the storage site and consequently the resulting short and long-term effects shall be assessed. This assessment covers both storage site operations and post-closure periods in the long term. The assessment shall include an estimate of the potential hazard posed by a storage site containing non-inert extractive waste, whether or not such waste is classified as hazardous.
(6) The inclusion of the storage site, if the conditions set out in the permit are substantially changed or the operating conditions have changed significantly, will be reviewed by the District Mining Authority. This reassessment shall be carried out no later than the end of the storage site operation.
(1) The consequences of disrupting the structure of the storage site or incorrect handling, or incorrect operation of the storage site, shall be evaluated by the district mining office in accordance with paragraphs 2 to 5.
(2) The potential risk to life shall be considered negligible or a danger to human health shall not be considered serious in accordance with Article 4 (1) (a) and (b), provided that people, other than workers working in a storage site who might be affected, are not permanently or over a longer period of time in an area likely to be affected.
(3) Accidents leading to invalidity or long-term damage to health are considered a serious risk to human health.
(4) The potential risk to the environment or to the development of environmental damage or its imminent threat under Article 4 (1) (c) shall not be considered serious if:
(a) the intensity of release of health-threatening substances from a potential source of pollution within one month shall be reduced to a level not posing a health risk;
(b) failure will not lead to any lasting or long-term environmental damage;
(c) the affected environment may be put into its original state when the funds are spent on cleaning and restoration up to the amount of the five-year reserve created under the law.
(5) In assessing the limits referred to in Article 4 (1) (a), (b) and (c), this assessment shall be carried out with regard to the journey from the source of the danger to the recipient. A storage site shall not be classified as Category I if, in the event of disruption to the structure of the storage site or tampering, there is no way from the source of danger to humans, groundwater or surface waters and protected species, wild animals, flora and natural habitats under another legislation9).
Distortion of the design of the drains
(1) The limit for the inclusion of a calorific point in category I in accordance with § 4 (1) (a) and (b) is that, when the dam structure is disturbed, the level of water or sludge which, when the dam is broken, flows outside the draught, reaches a minimum height of 0,7 m above the ground, or the speed of water or sludge exceeds 0,5 m / s.
(2) The assessment of the non-negligible potential risk to life or serious risk to human health must include at least the following factors:
(a) the size and characteristics of the storage site, including its layout;
(b) the quantity and characteristics of the extractive waste at the storage site, including its physical and chemical characteristics;
(c) topography of the place where the storage site is located, including location of flood protection devices;
(d) the time at which the potential flood wave reaches the areas in which the population is located;
(e) flood wave propagation rate;
(f) estimated water or sludge level;
(g) predicted rate of increase in water or sludge levels,
(h) any relevant locally specific factor that may affect the potential risk.
Distortion of draft design
(1) The limit for the classification of a rolling stock in category I pursuant to Article 4 (1) (a) and (b) is that any volume of extractive waste which would be released in the event of disruption of the rolling stock structure would jeopardise the movement of persons within its scope.
(2) The assessment of a non-negligible potential threat to life or serious danger to human health must include at least:
(a) the size and characteristics of the storage site, including its layout;
(b) the quantity and quality of extractive waste in storage, including its physical and chemical characteristics;
(c) angle of roll inclination;
(d) the potential risk of the accumulation of water in the draught;
(e) stability of the subsoil;
(f) topography;
(g) proximity to watercourses, objects or buildings;
(h) mining work;
(i) any other locally specific factors which may affect the level of risk posed by the storage site, including the possibility of cavern formation.
Limits on hazardous extractive waste content
(1) Limit for classification of the storage place Even according to the quantity of hazardous extractive waste stored, it is calculated as a mass ratio of dry matter
(a) extractive waste classified as hazardous under another legislation (10) and expected to be in storage at the end of the planned operational period; and
(b) any waste which is expected to be in storage at the end of the planned storage period.
(2) Where the ratio referred to in paragraph 1 exceeds 50%, the storage place shall be classified in Category I.
(3) Where the ratio referred to in paragraph 1 is between 5% and 50%, the storage place shall be classified in Category I; however, the storage place may not be classified in Category I if the condition set out in Section 5 (5) is met and if any of the situations referred to in Section 4 (1) (a) to (c) occur, although it contains hazardous extractive waste.
(4) Where the ratio referred to in paragraph 1 is less than 5%, the fact that it contains hazardous extractive waste shall not justify its inclusion in Category I.
Hazardous chemicals and preparations content limits
(1) Limit for classification of the storage place Even according to the volume of hazardous chemicals and preparations contained in the stored extractive waste, the maximum annual concentration (Cmax) of the water phase considered to be hazardous to the hazardous chemicals and preparations used under another legislation11), assessed by the peripheral mining authority in accordance with the conditions set out in paragraphs 2 to 5.
(2) The limit for the inclusion of a storage site in Category I is also the inclusion of the liquid component of the stored extractive waste or leakage referred to in paragraph 5 under another legislation (11) as a dangerous product.
(3) In the case of planned drains, the proposal for classification in accordance with the limits referred to in paragraphs 1 and 2 shall be followed by:
(a) an inventory of the substances and preparations to be used in the treatment and subsequently discharged with noise into the effluent;
(b) for each substance and preparation, the annual volumes used in operation shall be estimated for each year of planned duration of the operational phase;
(c) for each substance and preparation, it shall be determined whether it is a dangerous substance or a dangerous idea11);
(d) for each year of planned duration of the operational phase, the annual increase in water retained in the effluent (ΔQi) under resting conditions shall be calculated according to the formula set out in Annex 1 to this Decree;
(e) for each substance or preparation identified as dangerous in accordance with (c), the maximum annual concentration (Cmax) in the water phase shall be determined using the formula set out in Annex 1 to this Decree.
(4) The operator shall base the proposal for the inclusion of a storage site in the category on the methodology referred to in paragraph 3 and, where appropriate, on a direct chemical analysis of the water and solids contained in the storage site.
(5) For stowage sites resulting from on-site metal leaching, the operator shall carry out detailed checks on the content of hazardous substances after completion of operation and shall record the chemical substances used and the residual concentrations of these substances in drains.
Paragraph 8 and 9 shall not apply to storage sites containing inert mining waste or only unpolluted soil.
Criteria for the characterisation of inert extractive waste
(1) Mining waste is considered inert if the following criteria are met in the short and long term:
(a) in the case of extractive waste, there shall be no significant dissolution or dissolution or any other material change which could have any adverse impact on the environment or harm human health;
(b) extractive waste shall contain a maximum of 0,1% sulphuric sulphur or shall contain a maximum of 1% sulphuric sulphur and its neutralising potential coefficient, defined as the ratio of neutralising potential and acid potential determined on the basis of a static test, greater than 3;
(c) there is no risk of self-combustion in the case of extractive waste and no fire in the waste;
(d) where, in extractive waste, including separate small particles of extractive waste, substances are contained which are liable to endanger the environment or human health, in particular arsenic, cadmium, cobalt, chromium, copper, mercury, molybdenum, nickel, lead, vanadium, zinc, in such a low amount or demonstrably in stable chemical binding, that the risk to human health and the environment is of no relevance in the short or long term and does not exceed the values for these metals laid down by other legislation12);
(e) extractive waste does not contain chemicals and chemical products used in mining or treatment which may harm the environment or human health.
(2) Mining waste may be considered inert even without specific testing if the district mining office is satisfied that the criteria referred to in paragraph 1 have been adequately taken into account and are met on the basis of the reliability of existing information, applicable procedures or systems.
(3) The list of extractive waste which is considered inert in accordance with paragraphs 1 and 2 is set out in Annex 2 to this Decree.
(4) The assessment of the inertia of extractive waste shall be carried out in accordance with Sections 2 and 3.
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).
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Regulation Information
| Citation | Decree No. 429 / 2009 Coll., laying down the formalities for 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 | 08.12.2009 |
|---|---|
| Effective from | 01.01.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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