Rules specific to certain types of waste
A) Waste from extractive industries - Waste management plans
Directive 2006/21/EC on the management of waste from extractive activities sets forth a dual regime for such waste at large and for waste facilities classified “Category A” (Article 9) in view of the fact that their failure or incorrect operation could give rise to a major accident (Article 9 and Annex III).
In addition to the fact that Directive 2006/21/EC provides (Article 15) for the submission of the operator of an extractive waste management activity to EU environmental liability (see, Directive 2004/35/CE on environmental liability with regard to the prevention and remedying of environmental damage), it organises the management of such waste by requiring its planning (1) as well as by laying down requirements for such waste treatment facilities (2), and it includes a significant set of rules aiming at the prevention of major accidents (3).
Waste management plans
Directive 2006/21/EC requires that waste management plans be designed for the minimisation, treatment, recovery and disposal of extractive waste (Article 5(1)) as early as at the design phase and at the time of the choice of the method used for mineral extraction and treatment. It should then be considered, inter alia, placing extractive waste back into the excavation void after extraction of the mineral and putting topsoil back in place after the closure of the facility (Article 5(2)).
Such waste management plans are subject to prior approval (Article 5(3)) and re-examined or amended, as appropriate, every five years (Article 5(4)).
For Category A waste facilities, a major-accident prevention policy, a safety management system and an internal emergency plan must be implemented, except if “sufficient information” justifies otherwise (Article 5(3)(a) and Article 6).