Landfill Directive
The overall objective of the Landfill Directive (1999/31/EC) was to supplement the requirements of the Waste Framework Directive (2006/12/EC) and prevent or reduce as far as possible the negative effects of Landfill on the environment as well as any resultant risk to human health.
The Landfill Directive and accompanying Council Decision 2003/33/EC establish strict standards for landfill operation, waste acceptance and treatment to reduce environmental impacts e.g. leachate, greenhouse gases etc. Key rules require treating waste before landfilling, reducing biodegradeable municipal waste and sorting waste into inert, non-hazardous or hazardous categories.
Introduction
The Landfill Directive seeks to achieve this through specifying uniform technical standards throughout the EU and sets out requirements for the:
- location
- management
- engineering
- closure and
- monitoring for landfills.
The Directive also includes requirements relating to the characteristics of the waste to be landfilled[1].
Types of Landfill
The Landfill Directive sets out which wastes can be accepted in the different classes of landfill (Article 6(b), (c) and (d)). The Decision requires that waste shall be accepted at a Landfill only if it meets the acceptance criteria (WAC) for the relevant class of landfill (Article 3 of the Decision and section 2 of the Annex). The relevant classes of Landfill are:
- Non-Hazardous Landfill
- Hazardous Landfill
- Inert Landfill[1].
A Non-Hazardous Landfill can accept Stabilised Non-Reactive Hazardous Waste if certain criteria are met, including the requirement that any cell which receives this material is separated from cells receiving Biodegradable Waste.
Biodegradable Waste
The Directive also requires that a strategy on biodegradable waste is put in place that achieves the progressive diversion of Biodegradable Municipal Waste from landfill (Articles 5(1) & (2)).
The 2020 target required a reduction in the landfill of Biodegradable Municipal Waste to 35% of that produced in 1995.
The 2035 target limits the landfilling of municipal waste by 2035.
2030 Ban: restricitions on landfilling waste that is suitable for recycling or recovery come into force in 2030.
Other Key Provisions
Member States had to ensure that existing landfill sites did not continue to operate unless they complied with the provisions of the Directive.
Directive 2018/850 of the European Parliament and of the Council of 30 May 2018 was an amendment of the Landfill Directive 1999/31/EC and included the initiatives that waste suitable for recycling or other recovery (esp. MSW) should not be landfilled from 2030, and by 2035 the proportion of MSW landfilled should be 10% or less of total the MSW produced. This included a 5 year grace period for members disposing of more than 60% MSW in 2013.
Waste Acceptance
The Council Decision 2003/33/EC (Waste Acceptance Criteria) provides for a standard procedure for the acceptance of waste in a landfill so as to avoid any risks, these include:
- Waste must be treated before being landfilled;
- Hazardous waste within the meaning of the Directive must be assigned to a hazardous waste landfill;
- Landfills for non-hazardous waste must be used for municipal waste and for other non-hazardous wastes;
- Landfill sites for inert waste must be used only for inert waste
- Precise limit values for the acceptance of waste (WAC) for contaminants in waste to determine which landfill class can accept them
- Characterisation imposes strict testing requirements (basic characterisation, compliance testing and on site verification)
The following wastes may not be accepted in a landfill:
- Liquid waste
- Flammable waste
- Explosive or oxidising waste
- Hospital and other clinical, veterinary waste which is infectious
- Used tyres
Any other type of waste which does not meet the acceptance criteria laid down in Annex II.
Permitting Requirements
The Directive sets up a system of operating permits for landfill sites. The most recent guidance[2] is published by the EA and referred to by the other regulatory bodies in the UK. Applications for permits must contain the following information:
- The identity of the applicant (and operator)
- A description of the waste types and total quantity to be deposited;
- The capacity of the disposal site
- A description of the site
- The proposed methods for pollution prevention and abatement
- The plan for closure and aftercare procedures
- The applicant’s financial security
- An impact assessment study.
