tailing dams inspection juliane knaul legal expert, agency of mining, geology

Jerevan 12. - 14. November 2007 1

Tailing dams inspection

Juliane KnaulLegal Expert, Agency of Mining, Geology and Minerals of Brandenburg, Germany

AGENCY OF MINING, GEOLOGY AND MINERALS OF BRANDENBURG, GERMANY STATE OF

BRANDENBURG


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)

General Community Legislation

AGENCY OF MINING, GEOLOGY AND MINERALS

OF BRANDENBURG

Landesamt für Bergbau, Geologie und Rohstoffe

Brandenburg STATE OF BRANDENBURG

ObjectiveThis 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.


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.

STATE OF BRANDENBURG


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)

Control and monitoring procedure


OF BRANDENBURG


Brandenburg


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.







OF BRANDENBURG


Brandenburg



OF BRANDENBURG






• 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.

Scope




Council Directive 1975/442/EEC of 15 July 1975as amended by Directive 2006/12/EC

of the European Parliament andof the Council of 5 April 2006 on waste


OF BRANDENBURG


Brandenburg

• 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.

Objective







OF BRANDENBURG


Brandenburg

• 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.








OF BRANDENBURG


Brandenburg

Scope

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.







OF BRANDENBURG


Brandenburg

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.

Objective


• 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.




Council Directive 1999/31/EC of 26 April 1999

on the landfill of waste


OF BRANDENBURG


Brandenburg


• “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.



Council Directive 1999/31/EC of 26 April 1999

on the landfill of waste


OF BRANDENBURG


Brandenburg

Scope


• 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.



Council Directive 1996/61/ECof 24 September 1996 concerning integrated

pollution prevention and control


OF BRANDENBURG


Brandenburg

Objective


• 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.




OF BRANDENBURG


BrandenburgCouncil 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.




OF BRANDENBURG


Brandenburg

Scope

Council Directive 1996/61/ECof 24 September 1996 concerning integrated

pollution prevention and control


• 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.


Special European Regulation


OF BRANDENBURG


Brandenburg

Development

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.




OF BRANDENBURG


Brandenburg

Scope







OF BRANDENBURG


Brandenburg

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.

Objective







OF BRANDENBURG


Brandenburg

The Directive requires to take the necessary measures to prohibit the abandonment, dumping or uncontrolled depositing of extractive waste highmeans the management of any waste facility and the control and monitoring of all life-circles of heaps and ponds including tailing dams.





• 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.




OF BRANDENBURG


BrandenburgDirective 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.





OF BRANDENBURG








OF BRANDENBURG


Brandenburg

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.





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.





OF BRANDENBURG








OF BRANDENBURG


Brandenburg

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.






OF BRANDENBURG



Landesamt für Bergbau, Geologie und Rohstoffe Brandenburg (LBGR)Inselstraße 26, 03046 CottbusGermany

Phone: 0049-355-48640-0 Fax: 0049-355-48640-510

www.lbgr.brandenburg.de

tailing dams inspection juliane knaul legal expert, agency of mining, geology

Documents

amending council directive

control of major

wastethe directive

dangerous substances

safety report

accident hazards

prevention of major

european parliament