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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

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Regulatory perspectives on ochre use

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  1. 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

  2. Outline • Relevant legislation • EU Waste Framework Directive • Environmental Protection Act 1990 and Controlled Waste Regulations 1992 • Town & Country Planning regime, and Mines and Quarries Act • Proposed Mining Waste Directive • Regulation of ochre management

  3. 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”

  4. 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

  5. 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)

  6. 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

  7. Management options for ochre • Disposal direct from treatment scheme • tailings dam • landfill • Potential uses • nutrient recovery • treatment of metal-rich waters • but...

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