Landfill Directive

The overall objective of the Landfill Directive 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

Introduction

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. It seeks to achieve this through specifying uniform technical standards at Community level 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.

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.

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 remains to reduce landfill of Biodegradable Municipal Waste to 35% of that produced in 1995.

Waste Acceptance

The Landfill Directive 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
• Criteria for the acceptance of waste (WAC)at each landfill class must be adopted by the Commission in accordance with the general principles of Annex II.

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 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.

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.