20Permission conditions

20 Permission conditions

(1) For the purposes of section 54(2)(l) of the Act, an operating licence for an activity set out in item 7 (A05a—Landfills—excluding municipal landfills servicing <5000 people) in the Table in Schedule 1 or a permit for an activity set out in item 8 (A05b—Municipal landfills servicing <5000 people) in that Table is subject to the following conditions—

(a) the holder of the operating licence or permit must take all reasonable steps—

(i) to avoid exceeding the methane gas action level set out in column 3 of the Table in Schedule 3 when assessed at the location specified in column 2 of that Table that corresponds to that methane gas action level; and

(ii) to ensure that the depth of the leachate in any landfill cell does not exceed 300 mm above the surface of the liner unless the operating licence or permit otherwise allows a higher level of leachate for the landfill cell;

(b) the use of any landfill gas flare or thermal oxidising unit operating at the landfill site must, for any landfill gas entering the flare or unit—

(i) achieve a destruction efficiency of 98% for methane and volatile organic compounds; or

(ii) hold the landfill gas at a temperature of at least 1000°C for a minimum of 0·3 seconds each time a flare or unit is used.

(2) For the purposes of section 54(2)(l) of the Act, an operating licence for an activity set out in item 7 (A05a—Landfills—excluding municipal landfills servicing <5000 people) in the Table in Schedule 1 is subject to the condition that the holder of the operating licence must ensure that a weighbridge is used to measure the quantity of waste received at the landfill site.

(3) Subregulation (2) does not apply if the activity set out in item 7 (A05a—Landfills—excluding municipal landfills servicing <5000 people) in the Table in Schedule 1 takes place at a privately owned landfill that only receives wastes that consist of substances that were owned by the holder of the operating licence before they became wastes.

(4) For the purposes of section 54(2)(l) of the Act, a permit for an activity set out in item 15 (A10a—Reportable priority waste (transport)—high risk) in the Table in Schedule 1 or a registration for an activity set out in item 16 (A10b—Reportable priority waste (transport)—other) in that Table is subject to the following conditions—

(a) the holder of the permission must ensure that any driver transporting waste under the permission has undertaken any training specified in the permission;

(b) if any waste being transported under the permission falls within one or more of the classes of dangerous goods listed in Appendix A of the Waste Classification Assessment Protocol, the holder of the permission must ensure that—