DEFINITIONS CONCERNING WASTE FROM EXTRACTIVE INDUSTRIES (Chapter 2.12, 5.2 (Section 5.2.6) and 5.18; Appendices 5.2.6.1, 5.2.6.2 and 5.2.6.3)

1░ extractive waste: waste arising from the prospecting, extraction, treatment and storage of minerals and from the working of quarries;

2░ extractive industries: all establishments and undertakings engaged in surface or underground extraction of minerals resources for commercial purposes, including extraction by drilling boreholes or treatment of the extracted material;

3░ site: all land at a distinct geographic location under the management control of an operator;

4░ operator: the natural or legal person responsible for the management of extractive waste, and for the temporary storage of extractive waste, as well as the operational and the after-closure phases;

5░ unpolluted soil: soil that is removed from the upper layer of the soil during extractive activities and that is not deemed to be polluted under the Flemish Regulations on Soil Remediation;

6░ mineral source or mineral: a naturally occurring deposit in the earth’s crust of an organic or inorganic substance, such as fuels, metal ores, industrial minerals and construction minerals, but excluding water;

7░ treatment: a mechanical, physical, biological, thermal or chemical process or combination of processes carried out on mineral sources, including from the working of quarries with a view to extracting the mineral, including size change, classification, separation and leaching, and the reprocessing of previously discarded waste, but excluding smelting, thermal manufacturing processes (other than the burning of limestone) and metallurgical processes;

8░ inert waste: waste that does not undergo significant physical, chemical or biological transformations. Inert waste will not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect another matter with which it comes into contact in a way likely to give rise to environmental pollution or harm human health. The total leachability and pollutant content of the waste and the ecotoxicity of the leachate must be insignificant, and in particular, must not endanger the quality of surface water or groundwater;

9░ leachate: any liquid percolating through the deposited waste and emitted from or contained within a waste facility, including polluted drainage which may adversely affect the environment if not appropriately treated;

10░ waste facility: an area designated for the accumulation or deposit of extractive waste, whether that waste is in a solid state, in a solution, in a suspension, or in a liquid state, for the following time-periods:

a)

no time period for category A waste facilities and facilities for waste characterised as dangerous in the waste management plan;

b)

a period of more than six months for facilities for dangerous waste generated unexpectedly;

c)

a period of more than one year for facilities for non-dangerous non-inert waste;

d)

a period of more than three years for facilities for non-polluted soil, non-dangerous waste from prospecting, waste from the extraction, treatment and storage of peat, and inert waste.

Such facilities are deemed to include any dam or other structure serving to contain, retain, confine or otherwise support such a facility, as well as, but not limited to, refuse dumps and catchment basins, but excluding excavation voids into which waste is replaced, after excavation of the mineral, for rehabilitation and construction purposes.

11░ category A waste facility: a waste facility assigned to category A in accordance with Appendix 5.2.6.3;

12░ major accident: an occurrence on site in the course of an operation involving the management of waste in any establishment covered by this Order, leading to a serious danger to human health or the environment, whether immediately or over time, on-site or off-site;

13░ off-shore: that area of the sea and seabed extending from the low water mark of ordinary or medium tides outwards;

14░ heap: an engineered facility for the deposit of solid waste on the surface;

15░ dam: an engineered structure designed to retain or confine water and waste within a pond;

16░ pond: a natural or engineered facility for disposing of fine-grained waste, normally tailings, along with varying amounts of free water resulting from the treatment of mineral sources and from the clearing and recycling of process water;

17░ tailings: the waste solid and slurries that remain after the treatment of minerals by separation processes, such as crushing, grinding, size-sorting, flotation and other physicochemical techniques, to remove the valuable minerals from the less valuable rock;

18░ rehabilitation: treatment of the land affected by a waste facility in such a way as to restore the land to a satisfactory state, with particular regard to soil quality, wildlife, natural habitats, freshwater systems, landscape and appropriate beneficial uses;

19░ prospecting: the search for mineral deposits of economic value, including sampling, bulk sampling, drilling and trenching, but excluding any works required in the development of such deposits, and any activities directly associated with existing extractive operations;

20░ weak-acid dissociable cyanide: cyanide and cyanide compounds that are dissociated with a weak acid at a defined pH;

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22░ competent person: a natural person who has the technical knowledge and experience needed to perform the duties arising from Section 5.2.6.