Download Regulatory perspectives on ochre use

Regulatory perspectives on ochre use
Hugh Potter & Brian Bone
Environment Agency Science Group
www.environment-agency.gov.uk/science
The views expressed in this presentation are not necessarily those of the Environment Agency
Outline
•
Relevant legislation
• EU Waste Framework Directive
•
Town & Country Planning regime, and
Mines and Quarries Act
• Proposed Mining Waste Directive
Regulation of ochre management
•
•
Environmental Protection Act 1990 and
Controlled Waste Regulations 1992
EU Waste Framework Directive
•
WsFD excludes
“waste resulting from the prospecting, extraction,
treatment and storage of mineral resources and the
working of quarries”, where this waste is already
“covered by other legislation”
•
•
AvestaPolarit case (ECJ) clarified “other
legislation” as including national legislation
Government’s view is that
“Town and Country Planning Acts and related
legislation meet the test set by the ECJ for national
legislation”
Regulation of ochre waste ?
•
•
WsFD excludes 'waste from treatment of mineral
resources’ e.g. ochre sludges
Therefore not subject to “controlled” waste regime
•
•
•
Environmental Protection Act, 1990
Landfill Directive
Defra consultation (till March 2005) on “The
Waste Management (England and Wales)
Regulations 2005” confirms that
•
•
mineral waste regulated by T&C Planning
non-mineral waste will be by 2005 Regulations
Mining Waste Directive
•
Draft EU Mining Waste Directive covers:
“management of wastes from the extractive industry
from the prospecting, extraction, treatment and
storage of mineral resources and the working of
quarries. ”
•
•
“mineral resources” defined and excludes “water”
Therefore, ochre sludge from mine water
treatment is thought to be excluded from MWD
(although the interpretation and content of the
Directive is subject to change)
When is a mine not a mine ?
•
Wheal Jane tin mine, Cornwall - active treatment
•
•
•
•
•
abstraction licence and discharge consent
sludge to tailings dam operated under Mines and
Quarries Act
active treatment not directly regulated
legal opinion that still mining waste even though mine
is closed.
Ochre sludges from treatment of water from
abandoned coal mines (e.g. CA schemes)
•
mining wastes so excluded from WsFD
Management options for ochre
•
•
Disposal direct from treatment scheme
• tailings dam
• landfill
Potential uses
• nutrient recovery
• treatment of metal-rich waters
• but...