Tailing dams inspection

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Tailing dams inspection Juliane Knaul Legal
Expert, Agency of Mining, Geology and Minerals
of Brandenburg, Germany
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General Community Legislation

Directive 2003/105/EC of the European Parliament
and of the Council of 16 December 2003 amending
Council Directive 1996/82/EC on the control of
major-accident hazards involving dangerous
substances (SEVESO II)
This Directive aims at the prevention of major
accidents which involve dangerous substances and
the limitation of their consequences for man and
the environment, with a view to ensuring high
levels of protection throughout the Community in
a consistent and effective manner.
Objective
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General Community Legislation

Directive 2003/105/EC of the European Parliament
and of the Council of 16 December 2003 amending
Council Directive 1996/82/EC on the control of
major-accident hazards involving dangerous
substances (SEVESO II)

• 1. Operator
• The industrial operator is obligated to put into
  effect safety management systems including
  a detailed risk assessment at regular
  intervals using possible accident scenarios.
• Within the safety report, all necessary measures
  have been taken to prevent such accidents
  and to limit their consequences for man and the
  environment.
• Before the operator commences construction or
  further operation, the safety report shall be
  sent to the competent authority.
• The safety report shall periodically reviewed by
  the competent authority, which is
  decided on time of beginning operation or further
  operation of the mining establishment concerned.

Control and monitoring procedure
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• 2. Competent authority
• The competent authority organize a system of
  inspections or other measures of control
  appropriate to the type of mining establishment
  concerned.
• The competent authority shall ensure in
  particular that the operator is able to
  demonstrate that he has taken appropriate
  measures to prevent major accidents.
• Following each inspection, a report shall be
  prepared by the competent authority.

Control and monitoring procedure
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General Community Legislation

Directive 2003/105/EC of the European Parliament
and of the Council of 16 December 2003 amending
Council Directive 1996/82/EC on the control of
major-accident hazards involving dangerous
substances (SEVESO II)

• The Directive covers the minerals processing of
  the extractive industries including tailing ponds
  and dams from its scope.
• It is important to note that any such activity
  would only be covered by the Directive if
  dangerous substances are involved and if they are
  present in quantities beyond the threshold levels
  set out in the Directive.

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General Community Legislation

Council Directive 1975/442/EEC of 15 July 1975 as
amended by Directive 2006/12/EC of the European
Parliament and of the Council of 5 April 2006 on
waste

• The Directive shall ensure that waste is
  recovered or disposed of without endangering
  human health and without using processes or
  methods which could harm the environment.
• The essential objective should be the protection
  of human health and the environment against
  harmful effects caused by the collection,
  transport, treatment, storage and tipping of
  waste.

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General Community Legislation

Council Directive 1975/442/EEC of 15 July 1975 as
amended by Directive 2006/12/EC of the European
Parliament and of the Council of 5 April 2006 on
waste

• The competent authority should, in addition to
  taking responsible action to ensure the disposal
  and recovery of waste, take measures to restrict
  the production of waste.
• The competent authority shall draw up waste
  management plans.
• Any establishment or undertaking which carries
  out the waste disposal and recovery shall obtain
  a permit from the competent authority.

Control and monitoring procedure
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General Community Legislation

Council Directive 1975/442/EEC of 15 July 1975 as
amended by Directive 2006/12/EC of the European
Parliament and of the Council of 5 April 2006 on
waste
The Directive includes waste resulting from
prospecting, extraction, treatment and storage of
mineral resources and the working of quarries
from its scope except the activities of the
extractive industries including tailing ponds and
dams are already covered by other community
legislation.
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General Community Legislation

Council Directive 1975/442/EEC of 15 July 1975 as
amended by Directive 2006/12/EC of the European
Parliament and of the Council of 5 April 2006 on
waste
The aim of this Directive is, by way of stringent
operational and technical requirements on the
waste and landfills, to provide for measures,
procedures and guidance to prevent or reduce as
far as possible negative effects on the
environment, in particular the pollution of
surface water, groundwater, soil and air, and on
the global environment, including the greenhouse
effect, as well as any resulting risk to human
health, from landfilling of waste, during the
whole life-cycle of the landfill.
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General Community Legislation

Council Directive 1999/31/EC of 26 April 1999
on the landfill of waste

• The operator of a landfill shall carry out during
  the operational phase and after-closure a control
  and monitoring programs.
• The operator shall notify the competent authority
  of any significant adverse environ-mental effects
  revealed by the control and monitoring procedures
  and follow the decision of the competent
  authority on the nature and timing of the
  corrective measures to be taken.

Control and monitoring procedure
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General Community Legislation

Council Directive 1999/31/EC of 26 April 1999
on the landfill of waste

• Landfill" means a waste disposal site for the
  deposit of the waste onto or into, and if the
  storage of waste prior to recovery or treatment
  for a period less than three years as a general
  rule, or if the storage of waste prior to
  disposal for a period less than one year.
• All the issues related to tailing ponds
  management including tailing dams have not been
  specifically considered in this Directive.

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General Community Legislation

Council Directive 1996/61/EC of 24 September 1996
concerning integrated pollution prevention and
control

• The purpose of this Directive is to achieve
  integrated prevention and control of pollution
  arising from the activities and industrial
  facilities with significant negative
  environmental effects.
• The Directive down measures designed to prevent
  or, where that is not practicable, to reduce
  emissions in the air, water and land from the
  abovementioned activities, including measures
  concerning waste, in order to achieve a high
  level of protection of the environment taken as a
  whole, without prejudice to relevant Community
  provisions.

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General Community Legislation

Council Directive 1996/61/EC of 24 September 1996
concerning integrated pollution prevention and
control

• The competent authority determines the conditions
  of the permit to prevent any adverse effects on
  the environment.
• The competent authority periodically reconsiders
  and where necessary, updates permit conditions
  and inspects the whole operation of
  installations.

Control and monitoring procedure
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General Community Legislation

Council Directive 1996/61/EC of 24 September 1996
concerning integrated pollution prevention and
control

• The Directive covers activities of waste
  management of the extractive industries where
  tailing ponds and dams are used from its scope
  assumed the dangerous substances are present in
  quantities beyond the threshold levels set out
  the Directive.
• The Directive includes lanfills receiving more
  than 10 tonnes per day or with a total capacity
  exceeding 25,000 tonnes excluding landfills of
  insert waste.

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Special European Regulation

Directive 2006/21/EC of the European Parliament
and of the Council of 15 March 2006 on the
management of waste from extractive industries

• In consequences of the Baia Mare accident, it has
  been considered as one of the priority actions an
  initiative to regulate management of waste from
  the extractive industries to achieve a high level
  of environmental protection.
• Such specific Community legislation on this type
  of waste should replace the Directive on waste
  and the landfill Directive.
• The Directive is designed to complete the
  Directive on the control of major accident
  hazards involving dangerous substances and the
  Directive concerning integrated pollution,
  prevention and control in the case that waste
  facilities particularly with regard to tailing
  ponds contain large quantities of dangerous
  substances which need to be controlled below
  levels that constitute environmental harm.

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Special European Regulation

Directive 2006/21/EC of the European Parliament
and of the Council of 15 March 2006 on the
management of waste from extractive industries

• The Directive provides a stringent regulating
  system for waste facilities, especially for heaps
  and ponds including tailing dams which depose
  extractive waste with a substantial harmfulness
  on the environment and human health.
• The concept of "waste is defined in the
  Directive on waste. Thereafter waste means any
  substance or object which the holder discards or
  intends or is required to discard.

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Special European Regulation

Directive 2006/21/EC of the European Parliament
and of the Council of 15 March 2006 on the
management of waste from extractive industries
This Directive lays down minimum requirements
in order to prevent or reduce as for as possible
any adverse effects on the environment and human
health which are brought about as a result of
the management of waste from the extractive
industries.
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Special European Regulation

Directive 2006/21/EC of the European Parliament
and of the Council of 15 March 2006 on the
management of waste from extractive industries
The Directive requires to take the necessary
measures to prohibit the abandonment, dumping or
uncontrolled depositing of extractive waste
high means the management of any waste facility
and the control and monitoring of all
life-circles of heaps and ponds including tailing
dams.
Control and monitoring procedure
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Special European Regulation

Directive 2006/21/EC of the European Parliament
and of the Council of 15 March 2006 on the
management of waste from extractive industries

• Each operator shall draw up a waste management
  plan which shall consider the waste management
  during the design procedure concerning the
  operation and after-closure of waste facility.
• The waste management plan includes the
  minimization, treatment, recovery and disposal of
  extractive waste.
• The competent authority shall approve the waste
  management plan and shall monitor its
  implementation.

Control and monitoring procedure
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Special European Regulation

Directive 2006/21/EC of the European Parliament
and of the Council of 15 March 2006 on the
management of waste from extractive industries

• 2. Construction and operation phase
• During the construction and operation phase of
  waste facilities, the competent authority
  periodically reconsiders and, where necessary,
  updates permit conditions including waste
  management plan.
• This based on the monitoring results and
  aggregated data reported by the operator.
• Prior to the commencement of deposit operations
  and at regular intervals thereafter, the
  competent authority shall inspect any waste
  facility in order to ensure that it complies with
  the relevant conditions of the permit.

Control and monitoring procedure
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Special European Regulation

Directive 2006/21/EC of the European Parliament
and of the Council of 15 March 2006 on the
management of waste from extractive industries
2. Construction and operation phase The
competent authority shall satisfy itself that,
in constructing and operation a new waste
facility, the operator ensures that the
waste facility is suitably located, suitably
constructed, managed and maintained to ensure
its physical stability and to prevent
pollution or contamination of soil, air
surface, water or groundwater in the short and
long-term perspectives as well as to minimize
as for as possible damage landscape.
Control and monitoring procedure
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Special European Regulation

Directive 2006/21/EC of the European Parliament
and of the Council of 15 March 2006 on the
management of waste from extractive industries

• 3. Closure and after-closure phase
• A waste facility shall only start the closure
  procedure if especially is satisfied the relevant
  conditions stated in the permit which ate met.
• After the closure procedure for waste facilities,
  the operator shall be responsible for the
  maintenance, monitoring, control corrective
  measures for as long as may be required by the
  competent authority.
• During the after-closure phase, the competent
  authority shall inspect any waste facilities in
  order to ensure that it complies with conditions
  of permit.

Control and monitoring procedure
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Special European Regulation

Directive 2006/21/EC of the European Parliament
and of the Council of 15 March 2006 on the
management of waste from extractive industries
4. Summery The competent authority is obligated
to inspect all life-cycles of the waste facility
including tailing dams in order to ensure that it
complies with the relevant conditions of the
permit which the operator needs for
constructing, operating and closing the facility.
Control and monitoring procedure
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www.lbgr.brandenburg.de
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