Complying with mining waste directive - Mike Hurley

MINING WASTE DIRECTIVE WORKSHOP

USING THE CBI MINERALS GROUP GUIDANCE

Michael Hurley – Mineral Resources Manager11th October 2010

USING THE CBIMG GUIDANCE

MWD applies ONLY to “Extractive Waste”

It is the responsibility of the mineral operator to form their own viewwhether “extractive materials” are extractive waste and the Guidanceassists the process of making assessments against the criteria set out bythe Environment Agency in Position Statement PS015 (11 June 2010).

The starting position is that all materials other then the target mineral arepotentially extractive waste and will require a permit unless their status isconfirmed as not extractive waste (“non-waste by-product”).

The term “extractive materials” does NOT include the target mineral


Extractive waste (mining waste)

Extractive materials (residues)

Non-waste by-product

Environmental Permit

Mining Waste Operation (MWO)

Mining Waste Facility (MWF)

Inert (extractive) waste

Category A mining waste facility

Waste Management Plan (WMP)

Extractive Materials Management Statement (EMMS)


Extractive waste (mining waste)

Extractive materials (residues)

Non-waste by-product

Extractive Materials Management Statement (EMMS)


http://www.cbi.org.uk/minerals


Summary Fact Sheet

Description of Operations

Description of use of the extractive materials

Description of areas for temporary storage of extractivematerials

Assessment against the Avesta Polarit tests

Time periods for use of extractive materials

Confirmation of no further processing of extractivematerials

Confirmation of necessity and lawfulness of use ofextractive materials

Assessment of the status of extractive materials

Verification Statement


Summary Fact Sheet

Some topsoil and sub-soil to be stored for more than 10 years in site screening moundsSome boulder clay to be stored for about 10 years on the quarry floorThe majority of extractive materials will be replaced directly into approved site restoration areasafter stripping

A simple statement regarding the maximum time that extractive materials will be stored - from Part 2of the EMMS. If multiple materials are identified or if storage of one material significantly exceedsthe others, state each separately

Maximum storage timeof any extractivematerial before finaldeposit

Future materials assessed as not waste are:Topsoil 35,000 m3Sub-soil 30,000 m3Boulder clay 400,000 m3

A simple statement of the volume of extractive material that is not waste - from Part 3 of the EMMS.

Quantity of extractivematerial assessed as notwaste (cu.m)

Silica sandPrimary mineral(s)produced at the site


Environment Agency – Regulatory Position Statement PS042 v2 (November 2009)


Part 1 - Description of Operations

The Quarry extracts Pleistocene sands which are overlain by boulder clay, sub-soil andtopsoil. All materials are naturally occurring and inert. The topsoil and sub-soil areseparately removed and either stored in temporary screening banks or used directlywithin the site reinstatement. The boulder clay is either placed in temporary moundswithin the quarry void or placed directly onto restoration areas in accordance withapproved profiles. All earth moving is performed by mobile plant including backactors,dozers and dump-trucks. The mineral (silica sand) is extracted by front end loadingshovels and transferred to a field conveyor to the processing plant.

(Refer to Planning Statement submitted to Cheshire County Council in 2008 andsubsequently consented – planning permission number 8/08/0375 CPO)

Within the process plant the sand is washed, attritted, sized and dried prior to despatch.The small percentage of fines removed from the product is pumped to tailings lagoonswithin the worked out quarry. The fines (clay and silt fraction) settle out by gravity andthe water is re-used in the process plant circuit. The tailings lagoons are re-excavatedevery two years to produce, in part, a further saleable product with fines returned to thelagoons.

Description of the operations

Part 1. Overview of the Production Process



Part 1 - Description of Operations

Provide a summary of the types and anticipated quantities of extractive materials that will be produced e.g. soil,overburden, processing residues. Include all materials, whether or not they will be dealt with as extractive waste or asnot-waste and identify those materials and quantities for which confirmation of not waste status is sought.Where sites are already in operation, identify separately those materials that have already been produced and those

materials that will arise as a result of future operations.

180,000 historic; 50,000 futureTailings (inert - silt and clay from mineralprocessing) (extractive waste)

900,000 historic; 400,000 futureBoulder clay (inert - not waste)

75,000 historic; 30,000 futureSub-soil (inert - not waste)

90,000 historic; 35,000 futureTopsoil (not waste)

Volume (cu.m)Extractive materialExtractive materials produced


Part 1 - Description of the use and storage of extractive materials

Extractive materials are either stored temporarily on site or used directly as part ofprogressive restoration. Materials are stored in designated areas. Topsoils and sub-soilsare generally stored in long term screening mounds around the excavation area. Clayoverburden is stored on the worked out quarry floor. Plan B01/P06/xxx is an up to datesurvey of the quarry site with extractive material locations identified. PlansB01/P06/014, 016 & 017 show the proposed locations of temporary storage areas forextractive materials as approved in permission number 8/08/0375 CPO.

Provide details of any existing and proposed areas that will be used for temporary storage of extractivematerials pending use in site restoration. Such information may be found in approved schemes of working,applications for planning permission etc. If appropriate, provide references to plans that show thetemporary storage areas.

Description of areas for temporarystorage of extractive materials

All extractive materials are used in the approved quarry restoration. Clay overburden isused for re-instatement of worked out quarry slopes and restoration of land for futureagricultural use. Sub-soils and topsoil are replaced onto the clay overburden restoredslopes. Clay, silt and fine sand (tailings) are pumped from the process plant to lagoons inthe worked out quarry. These lagoons are re-excavated with some sand being sold asproduct and the clay and silt returned to the lagoons. The lagoons will be allowed to dryout after extraction and processing and will form an integral part of the approved siterestoration plan. See Plan B01/P06/033) – Approved site restoration plan in relation topermission number 8/08/0375 CPO.

Provide a general description of the existing and proposed uses for extractive materials in site restoration.Such information may be found in approved schemes of working, applications for planning permission etc. Ifappropriate, provide references to plans that show the restoration areas and proposals.

Description of the use of extractivematerials



Part 2 - Assessment against the Avesta Polarit Tests

See Planning Statement and Environmental Statement submitted inSeptember 2008 and approved with conditions under permissionnumber 8/08/0375 CPO (conditions 3, 29, 30).

Provide details of the guarantees that the materials for which not waste status is soughtwill be used for the purpose identified.Such details may include reference to planning conditions that specify or approve the useof particular materials for restoration works

Guarantee of Use

Guarantees of use of specified extractive materials

Topsoils, sub-soils and clay overburden extractive materials areidentified as not waste. All are naturally occurring inert materials fromwithin the site to be used within the site as part of approved workingand restoration schemes. For volumes of materials to be handled on sitesee Part 1 above. See Planning Statement and Environmental Statementsubmitted in September 2008 and approved under permission number8/08/0375 CPO.

Provide details of the extractive materials that are identified for use in the restorationworks and for which not waste status is sought. Include specific information relating tothe nature and amount of material to be used and the locations in which it will be used.Such details may include reference to schemes of working, statements in theenvironmental statement/application for planning permission, restoration andmine/quarry development plans, etc.Extractive materials must be identified in sufficient detail to allow the Verifier to make anaccurate review and confirmation of the status of the materials in respect of theirproposed use.

Identification of Materials

Identification of specified types and volumes ofextractive materials to be used in restoration works



Part 2 - Assessment against the Avesta Polarit Tests

See Planning Statement and Environmental Statement submitted inSeptember 2008 and approved with conditions under permissionnumber 8/08/0375 CPO (conditions 3, 29, 30).

Provide details of the guarantees that the materials for which not waste status is soughtwill be used for the purpose identified.Such details may include reference to planning conditions that specify or approve the useof particular materials for restoration works

Guarantee of Use

Guarantees of use of specified extractive materials

Topsoils, sub-soils and clay overburden extractive materials areidentified as not waste. All are naturally occurring inert materials fromwithin the site to be used within the site as part of approved workingand restoration schemes. For volumes of materials to be handled on sitesee Part 1 above. See Planning Statement and Environmental Statementsubmitted in September 2008 and approved under permission number8/08/0375 CPO.

Provide details of the extractive materials that are identified for use in the restorationworks and for which not waste status is sought. Include specific information relating tothe nature and amount of material to be used and the locations in which it will be used.Such details may include reference to schemes of working, statements in theenvironmental statement/application for planning permission, restoration andmine/quarry development plans, etc.Extractive materials must be identified in sufficient detail to allow the Verifier to make anaccurate review and confirmation of the status of the materials in respect of theirproposed use.

Identification of Materials

Identification of specified types and volumes ofextractive materials to be used in restoration works




Not waste extractive materials are used progressively in accordance withplanning consents with restoration following soon behind mineralextraction. Final use of not waste extractive materials will be within atime period as specified in planning condition 6 of consent 8/08/0375CPO.

Provide details that establish the periods in which the extractive materials for which notwaste status is sought will be used in the restoration process.Such details may include references to planning conditions, schemes of working, phasingplans, etc.

Time Period for UseTime periods for use of specified extractive materials

Part 2 - Time periods for use


All not waste extractive materials are naturally occurring soils and claysand are inert as described in Appendix 3 of EPR 6.14. All site operationshave planning permission under consent 8/08/0375 CPO. See Part 1 –Description of Operations (above).

Provide confirmation that the materials are inert as defined in the Mining WasteDirective, which could be by reference to Appendix 3 of EPR 6.14, assessments included inenvironmental statements or the application for planning permission, or in otherinvestigation/assessment reports.Provide confirmation that the use of the specified extractive materials in the mannerproposed has planning permission. References to relevant conditions should be included.References to approved schemes of working and restoration proposals can be used tojustify necessity of use.

Necessity and Lawfulness of UseConfirmation of the necessity of use and lawfulness ofthe use of the specified extractive materials

All not waste extractive materials are used without any processing. Thematerials are either temporarily stored on site or used directly inrestoration. See Part 1 – Description of Operations (above).

Provide details that describe the process from generation to final use for all specifiedextractive materials for which not waste status is sought and which demonstrate that nofurther processing, treatment or blending is necessary. Such information may be thesame as that referred to in Part 1 of the EMMS under ‘Description of the operations’.Provide details showing where the specified materials will be placed and outline thepurpose of placing the materials in that location. This may be by reference to informationprovided in Part 1 of the EMMS under ‘Description of the use of extractive materials’.

Use as part of the Overall OperationConfirmation that the specified extractive materials donot need further processing and that their use inrestoration is an integral part of the overall operation

Part 2 - Confirmation of no further processing of extractive materials &Necessity and Lawfulness of use


http://www.environment-agency.gov.uk/research/library/consultations/108895.aspx




Part 3 - Assessment of the status of extractive materials

The silt and clay fraction material removed during processing andpumped to the on-site tailings lagoons will be extractive waste inaccordance with the Environment Agency interpretation of treatment(see EA flowchart - Test 4.2). The annual quantity of extractive wasteproduced will be in the region of 5,000 m3. The Waste Management Plandeals with the above mentioned extractive materials assessed asextractive waste.

There is no relationship between the materials that will be managed asextractive waste and those that will be managed as not-waste.

Provide a statement of the quantity of extractive materials that will be managed asextractive waste at the site. Refer to the relevant sections of the flow chart in Annex 1 tothe MWRP Position Statement PS015.Provide a brief statement on the relationship between the materials that will be managedas extractive waste and those that will be managed as not-waste. References to theWaste Management Plan prepared in accordance with the EA guidance on managementof extractive waste may be appropriate.

Extractive materials assessed as waste





Conclusions of the assessment of extractive materials – extractive waste or not

Provide a summary of the types and anticipated quantities of extractive materials that will be produced e.g. soil,overburden, processing residues. Include all materials, whether or not they will be dealt with as extractive waste or asnot-waste and identify those materials and quantities for which confirmation of not waste status is sought.Where sites are already in operation, identify separately those materials that have already been produced and those

materials that will arise as a result of future operations.

Inert extractive waste – EA position ontailings in lagoons

Tailings (silt and clay from mineralprocessing)

Not extractive waste – inert, passestests

Boulder clay

Not extractive waste – inert, passestests

Sub-soil

Not extractive waste – passes tests andderogated

Topsoil

Extractive material or non waste by-productExtractive materialExtractive materials produced


See Part 1 above.

See EA flowchart – Test 4 (4.1 to 4.4) and Test 5

Do all the extractive material listed in Part 1 meet all the tests under Test4 – Yes

Does the assessment of the extractive material listed in Part 1 as notwaste (non-waste by-product) undermine the aims and objectives of theMining Waste Directive under Test 5 – No

Provide a statement of the quantity and nature of extractive materials that will bemanaged as not-waste at the site. Refer to the relevant sections of the flow chart in Annex1 to the MWRP Position Statement PS015 to demonstrate compliance/justification for thedefinition.

Extractive materials assessed as not waste

Part 3 - Assessment of the status of extractive materials




If the EMMS is agreed with the EAand the site has extractive waste youwill need to prepare a WasteManagement Plan for the extractivewaste.

See Appendix 1 of EA Guidance EPR6.14 for an example of a WMP for amining waste operation (including amining waste facility) for inertextractive waste.

You will then need to apply for apermit for the extractive waste. Inthe example given here this will be astandard rules permit for inertextractive waste. The WMP needs tobe prepared but does not need to besubmitted with the permitapplication.


Prepare your EMMS as soon as possible for each site andsubmit to the EA for approval

This will result in a clear understanding of which extractivematerials are extractive waste

Prepare your Waste Management Plan

Apply for your Environmental Permit for your mining wasteoperation or mining waste facility

The End ……….. Of the Beginning

Education

Complying with mining waste directive - Mike Hurley