SPACE FOR WASTE: The Waste Management Subject Plan

Transcription

1 SPACE FOR WASTE: The Waste Management Subject Plan Planning Authority St Francis Ravelin Floriana PO Box 100 Valletta CMR01 MALTA In accordance with an environmentally responsible approach, this document is printed on recycled paper produced from 100% post-consumer waste. Enviros Aspinwall, Walford Manor, Baschurch, Shrewsbury, SY4 2HH

2 Planning Authority Space for Waste: The Waste Management Subject Plan Contents Chapter Page 1. Introduction 1 2. Policy Context 7 3. Environmental Context Waste Data and Existing Facilities Need for New Waste Management Facilities Strategic Waste Management Policies Development Control and Environmental Policies Implementation, Monitoring and Review 76 Appendix A. List of Key Legislation dealing with or related to Waste Management in the European Union 79 B. Related National Legislation 83 C. List of relevant Policies contained in the Structure Plan for the Maltese Islands 85 D. List of relevant Policies and Guidance contained within the Waste Management Policy for the Maltese Islands 93 E. Summary of Recommendations presented in Preliminary Report 97 F. Classification for Solid Waste 105 G. Guidance on Information to Accompany Development Permit Applications for Waste Management Facilities 108 H. Code of Practice for the Operation of Waste Management Facilities 117 I. Criteria for the Selection of Sites Suitable for Waste Management Facilities 125 J. Position Paper on Waste Disposal at Sea 130 K. Key Diagram 145

3 Planning Authority Space for Waste: The Space for Waste: The Waste Management Subject Plan Chapter Introduction 1 Need for a Waste Management Subject Plan 1.1 The Maltese Islands produce large quantities of wastes each year. In 1997 the level of solid waste disposed of was estimated at some 1.25 million tonnes, predominately from construction and demolition, industrial and commercial activities and domestic households. The majority of this waste was disposed of by landfilling at the two public landfill sites, one located on Malta and the other situated on Gozo. 1.2 The effective management of waste is vital to ensure that environmental damage associated with its treatment and disposal is minimised. It is also important to ensure that waste management practices are sustainable. This requires careful planning, taking into account the strategic assessment of future needs and the land use planning, environmental constraints and social issues related to the siting of new facilities. Purpose and Scope 1.3 The purpose of the Waste Management Subject Plan (this Plan ) is to provide strategic direction and context to guide both Government and the private sector in waste management issues over the period to This Plan will provide policies that will be applied to guide the strategic planning of waste and in the determination of development permit applications for developments and land use changes related to waste management facilities submitted by both the public and private sectors. This Plan provides policies for waste generated by both households and industry. The waste types dealt with are described in Chapter This Plan is a strategic long term plan for the Maltese Islands. In accordance with the timescale of the approved Structure Plan ( ) for the Maltese Islands this Plan will cover the period up to Statutory Framework 1.6 The starting point in developing policies and proposals for this Plan are the policies contained within the Structure Plan and the Waste Management Policy for the Maltese Islands. The Structure Plan provides the strategic planning framework for the islands, and the Waste Management Policy establishes the key policy principles for waste management. The waste planning and policy framework is shown in Figure 1.1. Of increasing importance to Malta, are the policies and legislation promoted by the European Union (EU). As Malta pursues its membership of the EU, it is reviewing its current policies in relation to those of the EU and is increasingly incorporating the principles of European policy and legislation at a national level. 1

4 Planning Authority Space for Waste: The Space for Waste: The Waste Management Subject Plan Chapter Introduction continued Regard has been given to the waste management policies of the EU in drawing up this Plan. The key principles of European waste management policy are embodied within the National Waste Management Policy which promotes a more sustainable approach to the production and management of waste on the islands and the adoption of waste management practices which provide for greater re-use, recycling and recovery of waste materials. Figure 1.1: Waste Planning and Policy Framework PLANNING AUTHORITY Waste Planning Framework MINISTRY FOR THE ENVIRONMENT Waste Strategy Framework Land-use planning & development control development control policies waste management facility policies waste disposal capacity requirements site selection criteria environmental criteria information to accompany planning application Waste Management Principles and Option waste options and technologies best practicable environmental option key players - roles and responsibilities implementation issues Structure Plan, 1990 Waste Management Policy, 1998 Local Plans & Subject Plans Waste Management Subject Plan (WMSP) Preliminary Report, 1999 Solid Waste Management Plan, 2000 (Consultation Document) WMSP Consultation Draft, 2000 WMSP Final Draft Solid Waste Management Strategy for the Maltese Islands September The statutory and regulatory waste management functions on the Maltese Islands are divided between a number of different Government Ministries. The two key Ministries are the Ministry for Home Affairs, which includes the Planning Authority, and the Ministry for the Environment, which contains the Environment Protection Department and the Waste Management Implementation Unit. Other Ministries involved in the management of some 2

5 Planning Authority Space for Waste: The Space for Waste: The Waste Management Subject Plan Chapter Introduction continued 1 of the special waste streams include the Ministry for Gozo, the Ministry of Health, and the Ministry of Agriculture and Fisheries. 1.9 The present planning and pollution control authorities liaise on developments involving waste management. The Planning Authority is responsible for the provision of planning guidance, issuing planning permits and requiring the production of Environmental Impact Assessments in support of certain developments. The Environment Protection Department is responsible for the development and implementation of waste management policy and the regulation of waste management activities plus other environmental protection responsibilities. The Waste Management Implementation Unit has responsibility for operating public sector waste management facilities This Plan is a planning document, it is prepared with reference to a number of other statutory and non-statutory documents produced by the Maltese Government. This Plan has regard to, and complements, the following documents: Structure Plan for the Maltese Islands, 1990; State of Environment Report, 1998; Preliminary Study to Waste Management Subject Plan, 1998; and National Waste Management Policy In building on these key documents, this Plan examines all solid wastes produced in the Maltese Islands, and the land use planning implications of their management. Objectives of the Plan 1.12 The treatment and disposal of waste are potentially polluting activities which can have significant adverse effects on the environment both for the present and future generations. Current and future waste management activities are set in the context of sustainable development which requires that the waste that is produced today is managed without compromising the ability of future generations to meet their needs The principal objective of this Plan is to identify the options for managing waste within the Islands which draw the right balance between the provision and maintenance of sufficient capacity to deal with the waste that is produced, and the protection of the environment. This Plan sets out policies and proposals for the land use planning of waste management activities in accordance with this objective and the principles of sustainable development. 3

6 Planning Authority Space for Waste: The Space for Waste: The Waste Management Subject Plan Chapter Introduction continued 1 Principles and Approach 1.14 The principles that underlie this Plan are: to meet and satisfy the Structure Plan planning policy requirements; to provide strategic planning guidance in relation to waste management; to be in conformity with the waste management principles established in the Waste Management Policy for the Maltese Islands; to preserve and enhance the natural environment and minimise the loss of natural resources; to enable the development of sufficient and suitable waste management facilities to fulfil the Island s needs; and to provide a basis for development control within the overall planning framework In addressing these principles, data has been sought on the current environmental context and the status of waste management facilities in the Islands. Policies in this Plan are set to provide a suitable framework to enable change in waste management practices to take place and to encourage developers in both the public and private sectors to adopt a sustainable approach to waste management. An important part of the process is to consult with relevant organisations, and the public, providing them with the opportunity to participate in the plan making process. Timetable, Publicity and Consultations 1.16 In advance of the preparation of this Plan, a Preliminary Report was prepared with the objective of identifying key environmental and land use planning issues associated with the development of waste management facilities. The Planning Authority circulated the Preliminary Report to the Environment Protection Department, the Works Division, the Ministry of Health, the Ministry of Agriculture, Malta International Airport, and the Malta Maritime Authority for comment This Plan was then published as a consultation draft and a version placed on the Planning Authority web site. Public Consultation meetings were held on Malta and Gozo in May Views on the plan were sought from all interested parties including the general public and the organisations identified above The input from the consultation process has been analysed and responses prepared by the Planning Authority. Where appropriate modifications have been made to this Plan to take account of material issues raised during the consultation process. All contributions made were valuable in enabling this Plan to be finalised in a form suitable for adoption. 4

7 Planning Authority Space for Waste: The Space for Waste: The Waste Management Subject Plan Chapter Introduction continued 1 Monitoring and Review 1.19 It is important that appropriate provision in terms of waste management facilities are established and maintained to meet the Islands requirements for dealing with the waste produced. At the same time, it is important to ensure that standards of environmental protection are improved and that developments in new technologies and environmental controls are incorporated into the policies and proposals of this Plan This Plan will therefore require monitoring and review on a regular basis. In particular, there will be a need to monitor the supply of, and demand for, waste management facilities, and to measure progress in implementation of the Solid Waste Management Strategy These issues will be addressed by the Planning Authority in association with relevant Government Departments in order to roll forward this Plan into the next decade and to ensure that appropriate and effective policies are incorporated into emerging and future development plans for the Maltese Islands. Content of the Plan 1.22 This Plan comprises a Written Statement and a Key Diagram. The Written Statement presents the policies of this Plan together with a reasoned justification for each policy. The Key Diagram, presented as Appendix K, shows existing and proposed waste management facilities. Environmental constraints will be an important factor in determining where future major facilities might be appropriately located, subject to a range of policy criteria The Written Statement is organised as follows: Chapter 1 is an introduction which sets out the statutory framework, purpose, objectives, content and timescale for this Plan; Chapter 2 describes the strategic policy context for waste management in the Maltese Islands and outlines the key elements of guidance of relevance for policy formulation; Chapter 3 discusses the environmental context of the Maltese Islands, including the nature of existing waste arisings and constraints for the development of future waste management facilities; Chapter 4 provides the quantitative background to waste management in the Maltese Islands, including information on the types and volumes of waste requiring management and the status of existing facilities; Chapter 5 describes the need for new waste management facilities based on 5

8 Planning Authority Space for Waste: The Space for Waste: The Waste Management Subject Plan Chapter Introduction continued 1 predictions of future volumes of waste requiring treatment over the plan period; Chapter 6 provides policies and guidance specific to the selection of waste management options and the assessment of proposals for the provision of future facilities; Chapter 7 provides the general development control policies relating to land use planning and information to be included in planning permit applications and the protection and improvement of the environment; Chapter 8 looks to the implementation of this Plan and future considerations for monitoring and review. 6

9 Planning Authority Space for Waste: The Space for Waste: The Waste Management Subject Plan Chapter Policy Context 2 Introduction 2.1 Existing legislative provisions both within Malta and internationally will have an important direct effect on shaping future waste management activities. In drawing up this Plan, the Planning Authority has had regard to planning and other policy guidance issued by the EU, and the various departments and Ministries within the Maltese Government. This chapter summarises relevant EU and national legislation, guidance and policies. A list of all relevant waste related EU Directives is provided in Appendix A and a summary of key national legislation is provided in Appendix B. European Union Directives and Guidance Strategic principles 2.2 In 1989, the Commission of the European Communities produced its strategy for waste management, which embodies the policy objective of the Fourth Action Programme on the Environment in a series of strategic guidelines. These objectives were at the heart of the Fifth Action Programme ( ) and set out a clear hierarchy of preferences over all forms of waste disposal. The strategic principles on which the Commission s policy is based are: waste prevention; waste recycling and reuse; optimisation of final disposal of waste; rational organisation of all operations related to waste management; and remedial action (rehabilitation of contaminated sites, including old landfills). Waste Framework Directive 2.3 The Framework Directive on Waste (75/442/EEC as amended by 91/156/EEC and 91/962/EEC) is of particular significance. The latest Framework Directive retains the important principles of the Commission s policy outlined above. It also contains a wider definition of waste and much greater emphasis on waste reduction by the use of clean technologies, waste minimisation during product manufacture, recycling, reuse or reclamation and the use of waste as an energy source (Articles 1 and 3). 7

10 Planning Authority Space for Waste: The Space for Waste: The Waste Management Subject Plan Chapter Policy Context continued Article 5 of the Directive describes what is commonly known as the proximity principle. This requires each Member State to take appropriate measures for the establishment of an integrated and adequate network of disposal facilities to enable it to be self-sufficient in waste disposal. The aim is for waste to be disposed of in one of the nearest appropriate facilities by means of the most appropriate methods and technologies, in order to ensure a high level of protection for the environment and public health. However, the following must be taken into account: use of the Best Available Technology Not Entailing Excessive Cost (BATNEEC); geographical circumstances; and the need for specialised facilities for certain types of waste. 2.5 The Directive also requires waste management plans to be drawn up (Article 7). In Malta, part of this requirement is implemented through development plans, including the Structure Plan and this Plan. The Landfill Directive 2.6 The objective of the Landfill Directive (99/31/EEC) is to raise standards in landfill practice. Improving landfill standards and reflecting the full social, environmental and economic costs of landfill as a disposal option are seen as key steps in improving waste management practices generally. If landfilling is made to reflect its true costs, waste producers are more likely to consider waste minimisation and recycling as part of their waste management strategy. 2.7 The Directive, approved in April 1999, bans the co-disposal of hazardous with nonhazardous wastes. This means that separate facilities will have to be found to deal with hazardous wastes. The landfilling of tyres will also be banned and alternative means of dealing with them will be needed. 2.8 The Directive requires that wastes destined for landfill should be subjected to pretreatment by physical, thermal, chemical or biological processes, including sorting, that change the characteristics of the waste in order to reduce its volume or hazardous nature, facilitate its handling or enhance recovery. In addition, there is a requirement for the progressive reduction of biodegradable municipal wastes disposed to landfill. The programme will be based on the tonnage of biodegradable municipal waste produced in 1995 and will require the following reductions to be achieved at a national level: not later than 2006, a reduction to 75%; not later than 2009, a reduction to 50%; not later than 2016, a reduction to 35%. 8

11 Planning Authority Space for Waste: The Space for Waste: The Waste Management Subject Plan Chapter Policy Context continued However, these targets may be extended by 4 years for Member States which in 1995 landfilled more than 80 percent of their collected municipal waste. This would apply to Malta, as currently the majority of wastes are disposed to landfill. EC Directive on Packaging and Packaging Waste 2.10 A key element in recent and future waste management policy is producer responsibility. This is the principle that the responsibility for the management of waste should lie with the producer, which includes importers, manufactures and consumers of goods. The first legislation to be introduced under this principle is the Packaging and Packaging Waste Directive. However, the EU is developing further producer responsibility legislation relating to electrical and electronic equipment (white goods), household hazardous materials, end-of-life motor vehicles and batteries The purpose of the Directive on Packaging and Packaging Waste, which was adopted in December 1994, is to make a significant contribution to sustainable waste management by providing a framework for the establishment of a waste management packaging programme throughout the European Community. Its aims are: to prevent the production of packaging waste; to promote the re-use, recycling and recovery of packaging waste; and to reduce the final disposal of such waste At present, the Directive requires recovery of between 50% and 60% of all packaging waste, of which 25% and 45% must be recycled with a minimum of 15% for each material by However, it is to be expected that these targets will be reviewed on a regular basis and may be increased as a result. As for all EU Directives, member states have some discretion in how the requirements of the Directives are incorporated within national legislation; however, as Malta imports most of its goods much of the responsibility for meeting the recovery targets may rest with importers/distributors. Municipal Waste Incineration Directives 2.13 The EU has issued a detailed series of Directives dealing with emission controls from municipal waste incinerators. Any new plants proposed for the Maltese Islands should take account of Directives 89/369/EEC and 89/429/EEC, which specify controls for new plant according to the size of the facility. The Waste Incineration Directive (2000/76/EC) was finalised on the 4 th December 2000, the aim of this Directive is to:.prevent or, where that is not practicable, to reduce as far as possible negative effects on the environment, in particular the pollution of air, soil, surface water and groundwater, and the resulting risks to human health, from the incineration and coincineration of waste by way of stringent operational conditions and technical requirements and setting up emission limit values for waste incineration and co- 9

12 Planning Authority Space for Waste: The Space for Waste: The Waste Management Subject Plan Chapter Policy Context continued 2 incineration plants within the Community, with a view to also meeting the requirements of Directive 75/442/EEC 2.14 The new Directive is modelled on the Hazardous Waste Incineration Directive and applies to all types of controlled solid and liquid non-hazardous wastes including municipal solid waste, sewage sludge and tyres. It sets more stringent limits for emissions to air and establishes controls on releases to land and water. Hazardous Waste 2.15 The definition of hazardous wastes and specific measures, including the environmentally sound management of wastes, which are to be applied when dealing with these wastes are contained in Directive 91/689/EEC. The EU has also produced a detailed series of Directives regulating the management of some potentially hazardous elements of the waste stream. These include waste oils (Directive 75/439/EEC and 87/101/EEC, modifying 75/439/EEC) and animal wastes (Directive 90/667/EEC amending 90/425/EEC). A Directive on household hazardous wastes (e.g. paints, bleaches, solvents, and garden pesticides) is also under discussion and could be implemented within three to four years The EU has also issued a Directive dealing with emission controls from hazardous waste incinerators (Directive 94/67/EC). Any such plants proposed on the Maltese Islands should therefore have regard to this Directive. Integrated Pollution Prevention and Control 2.17 EC Directive 96/61 on Integrated Pollution Prevention and Control (IPPC) introduces a pollution prevention control regime throughout the EU for a range of industrial processes including waste management facilities. Waste facilities subject to this regime will continue also to be subject to the Framework Directive on Waste This Directive details thresholds at which waste operations will be subject to compliance: Installations for the disposal or recovery of hazardous waste, with a capacity exceeding 10 tonnes per day; Installations for the incineration of municipal waste with a capacity exceeding 3 tonnes per hour; Installations for the disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day; and Landfills receiving more than 10 tonnes per day, or with a total capacity exceeding 25,000 tonnes, excluding landfills of inert waste. 10

13 Planning Authority Space for Waste: The Space for Waste: The Waste Management Subject Plan Chapter Policy Context continued 2 Other International Obligations 2.19 Malta is a signatory to a number of international conventions and agreements which seek to protect the environment. Of particular importance are those which relate to the protection of the marine environment and shipment of wastes as follows: The Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean; The London Convention on the Prevention of Marine Pollution from Wastes and other matter; International Convention for the Prevention of Pollution from Ships (MARPOL); and The Basle Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. National Policy and Legislation Structure Plan for the Maltese Islands, The Structure Plan establishes the strategic framework for land use planning in the Maltese Islands. In recognition of concerns over the generation and disposal of solid wastes adopted Structure Plan Policies PUT 13 to PUT 20 relate to the management of solid wastes. The Structure Plan is currently undergoing review and revisions to these policies may be necessary in the context of the development of this Plan and recent EU waste policy initiatives. The relevant Structure Plan policies are presented in Appendix C, these can be summarised as follows: Policy PUT 13 provides guidance on the minimum criteria required to be satisfied with respect to waste generating activities. This remains a valid policy, although responsibility for enforcement of the requirements for off-site transfer and disposal of wastes do not lie with the Planning Authority. Policy PUT 14 established the requirement for an Environmental Impact Assessment to accompany applications for waste management facilities handling all waste types with the exception of totally inert materials. This policy remains valid, and will be strengthened by the approval of the new Environmental Impact Assessment Regulations. Policy PUT 15 provides for the provision of public bring sites for recycling and disposal. Again this remains a valid policy, and the Planning Authority through this Plan will be providing policies to increase the provision of local recycling facilities. 11

14 Planning Authority Space for Waste: The Space for Waste: The Waste Management Subject Plan Chapter Policy Context continued 2 Policy PUT 16, 17, and 19 establish the need to identify sites for transfer, treatment and landfill facilities. This Plan will provide further guidance on the need for new facilities. Policy PUT 19 states a presumption in favour of landfill as the principal method of disposal for municipal waste and fly ash. Whilst this might remain so in the short to medium term the thrust of EU legislation is to reduce the quantities of waste requiring direct disposal to landfill. Therefore a key objective of future Structure Plan policies and this Plan must be to promote the development of alternative waste management arrangements. The Planning Authority has instigated a detailed site search to identify a preferred location for a new strategic landfill, and proposals are put forward in this Plan. Policy PUT 18 identifies the need for the Government to investigate hazardous wastes and their most appropriate treatment and disposal facilities. This has essentially been completed as part of the Preliminary Study to the preparation of this Plan. Policy PUT 20 establishes the need for the Planning Authority to prepare a Waste Management Subject Plan. This has now been achieved. Environmental Impact Assessment Guidelines, The EIA guidelines require an EIA to be prepared for a range of developments, including new waste facilities, likely to have a significant impact on the environment. The Regulations to formally introduce this procedure into legislation are being finalised and will supersede the current guidelines Schedule 1 of the EIA Guidelines is to be superseded by Schedule 1 of the EIA Regulations. Schedule 1 of the EIA Regulations subdivides the types of development that will require an EIA into two categories. Category I projects require an Environmental Impact Statement (EIS) to be undertaken, whereas Category II projects require an Environmental Planning Statement (EPS) to be prepared Section 2.7 of Schedule I of the EIA Regulations relates to waste disposal and waste management developments. The waste disposal and management developments that may have a significant impact on the environment are divided into Category I and Category II projects. Guidance on thresholds to distinguish between Category I and Category II projects is also provided. For example the disposal of household and other industrial and commercial wastes with a capacity of 100,000 m 3 or more is classified as a Category I project whilst the same development with a capacity of over 15,000m 3 but less than 100,000 m 3 is classified as a Category II project. Waste Management Policy for the Maltese Islands, This document was issued for public consultation in 1997 and was reviewed and subsequently adopted in It identifies the key principles of waste management 12

15 Planning Authority Space for Waste: The Space for Waste: The Waste Management Subject Plan Chapter Policy Context continued 2 including sustainability and the waste hierarchy and attempts to apply these principles to the waste management situation in Malta The key principles and policies contained within this document are provided in full in Appendix D. Solid Waste Management Strategy for the Maltese Islands, A draft of this document was issued for public consultation in It was reviewed by a technical committee within the Ministry for the Environment in the light of comments from the public and published in its final form in. The Solid Waste Management Strategy proposes various targets for achieving satisfactory waste management and also compliance with the requirements of EU legislation. These targets include waste minimisation and recovery targets and also target dates for the closure of non-compliant waste facilities and the establishment of new state-of-the-art facilities The consultants who prepared the Strategy consulted early drafts of the Waste Management Subject Plan and also held various consultation meetings with the Planning Authority. As a result, the provisions made in the Solid Waste Management Strategy are in line with the general approach towards waste management adopted by the Waste Management Subject Plan. National Legislation 2.28 The legislation relating to the management of solid wastes on the Maltese Islands is fragmented. The main statutes include the Environment Protection Act 1991, the Development Planning Act 1992 and the Deposit of Waste and Rubble (Fees) Regulations These are summarised in Appendix B. Key Issues for Policy Formulation 2.29 The key issues for policy formulation may be summarised as: priorities for waste management should be based on the waste hierarchy and the principles of sustainable development; this will mean less reliance on final disposal options such as landfill with greater emphasis on waste minimisation, recycling and composting; the proximity principle and requirement for self sufficiency in waste management facilities are important in determining the need for new facilities, and the siting and acceptability of development proposals; policies should reflect the high priority of environmental protection; and 13

16 Planning Authority Space for Waste: The Space for Waste: The Waste Management Subject Plan Chapter Policy Context continued 2 policies should recognise that producers as well as users of goods and services will need to take greater responsibility for the final disposal of their products consistent with the principles of producer responsibility and the 'polluter pays' The Preliminary Report to this Plan identified a number of recommendations, reproduced in Appendix E, to address those waste management issues that require attention in the short and longer term. The implementation of these recommendations together with the production of the Waste Management Plans envisaged in the national Solid Waste Management Strategy will bring about considerable changes to the management of wastes on the Maltese Islands. Policies in this Plan therefore need to be based on a flexible response and must be able to adapt to changing circumstances. 14

17 Planning Authority Space for Waste: The Space for Waste: The Waste Management Subject Plan Chapter Environmental Context 3 Introduction 3.1 The nature and management of waste arisings within the Maltese Islands are a reflection of the settlement patterns, type and distribution of industrial, commercial and agricultural activities, and the physical characteristics of the landscape. 3.2 The Maltese Islands are situated roughly in the centre of the Mediterranean sea, lying some 96km due south of Sicily and approximately 290km due east of the North African coast. They consist of three main islands and several uninhabited islands and rocks and in total cover an area of some 320km Malta is the largest of the Maltese Islands with a population of more than 340,000, the next largest with more than 26,000 inhabitants is Gozo, whilst the smallest inhabited island with less than 10 inhabitants is Comino. Access to the islands of Gozo and Comino is predominately reliant on a ferry service from Malta, although a helicopter service also exists between Malta and Gozo. Natural Environment Geology and Hydrogeology 3.4 The solid geology of the islands consists almost entirely of marine sedimentary rocks, predominantly tertiary limestones with some clays and marls. There are also some minor quaternary deposits of terrestrial origin. The main rock types underlying the islands, in order of decreasing age, are: Lower Coralline Limestone; Globigerina Limestone; Blue Clay; Green Sand; Upper Coralline Limestone. 3.5 The different rock layers are exposed in different parts of the Islands. Middle Globigerina Limestone is exposed along a belt splitting the Island of Malta in half and running from Bugibba in the northeast to Dingli in the southwest. Lower Globigerina Limestone is predominantly exposed to the south and east whereas the Northern and Western half of the Island are mainly characterised by exposed layers of Upper Coralline Limestone, Greensand and Blue Clay. The island of Comino and the south-eastern part of Gozo are 15

18 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Environmental Context continued 3 predominantly composed of Upper Coralline Limestone. Gozo has a more uniform distribution of rock layers with the full sequence visible in the numerous hills where the Upper Coralline Limestone gap protects the other underlying layers from erosion. Where the Upper Coralline Limestone no longer exists, the underlying layers have been eroded to form rolling plains and incised valleys. 3.6 Groundwater is contained within the pores and fissures of the impervious rock strata, forming aquifers which provide important resources of potable water supplies for human consumption, industrial and agricultural uses as well as the maintenance of natural watercourses and springs. The configuration and size of the main aquifers are determined by the size and position of the permeable rock outcrops and their associated low permeability confining beds or aquicludes. 3.7 On Malta there are two important aquifers. The upper perched aquifer consists of rainwater trapped in the permeable Upper Coralline Limestone due to the underlying layer of impermeable Blue Clay. The largest aquifer, however, is the sea-level aquifer which consists of a lens of freshwater floating on denser saline water in the limestone rock at sea level. The upper aquifers are used predominantly for irrigation purposes, whilst the deeper main freshwater aquifer provides about 40% of Malta s potable water. 3.8 The minerals currently of most significance in the Maltese Islands are its limestone reserves. These comprise softstone quarried mainly from the Lower Globigerina formation, used as cut building blocks, and hardstone quarried from the Upper and Lower Coralline formations used for marble, aggregates and concrete. The voids created by mineral extraction operations can be used as sites for waste disposal. On account of the need to protect groundwater resources, many of these sites may be restricted to inert only wastes or require some landfill engineering works to be undertaken prior to the disposal of any wastes. Issues Relevant to Waste Management 3.9 The geology and hydrogeology of the islands has important implications for waste disposal practices and the location of new facilities. Key aspects are the suitability of geological materials for the siting and formation of waste management facilities, and the protection of mineral reserves and water resources used for industrial and domestic water supplies Constraints would exist in relation to the development of any potentially contaminating use such as the disposal of biodegradable wastes, within or in close proximity to the Mean Sea Level aquifer. Development within or in close proximity to the Upper Coralline aquifer would also be constrained since any contamination could cause agricultural production problems. Also, some agricultural hamlets located in the rural areas still make use of the perched aquifer for drinking water A full assessment of groundwater vulnerability can however only be achieved by detailed local studies based on the modelling of specific site attributes and abstraction points. 16

19 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Environmental Context continued 3 Coastal Zone and Marine Environment 3.12 The coastal zone is an important natural resource, fulfilling environmental, economic and social roles in the development of the Maltese Islands. Ecologically the coast is important since it supports a number of rare and diverse habitats including sand dunes and saline marshlands. Such habitat types are valuable both as examples of that particular habitat and because they support specialised flora and fauna The natural harbours which are situated around the islands, have been extensively used for defence, commercial and tourism developments. Commercial and tourism development of the coastal zone is particularly noticeable on the east and north eastern coasts of Malta The valuable marine ecosystems of the Mediterranean need to be preserved and are protected by international obligations. The main contributor to impacts on marine life is liquid discharges to sea in particular sewage. Environmental impacts associated with discharges from Wied Ghammieq have been assessed through studies undertaken by the University of Malta. Significant improvements have been made to the sewage system in Malta over recent years and further improvements are planned. Issues Relevant to Waste Management 3.15 The sensitivity of coastal areas and their potential for erosion has implications for the location of landfill sites which can remain biologically active for many decades. Erosion that exposes or undermines waste deposits can result in the accelerated release of contaminants into the environment and consequently increase the risk of pollution Waste disposal at sea is generally outlawed under international conventions. An official dumpsite for the disposal of small quantities of inert construction related wastes does exist off the east coast of Malta. This disposal site has existed since the British occupation of Malta and is currently not regulated by the Planning Authority through normal planning permit controls The use of inert waste materials for infill materials for land reclamation schemes and coastal defence works may be appropriate under certain circumstances. Careful controls over the import of such materials for these uses would be necessary to prevent any contamination to coastal waters. The Planning Authority has prepared a detailed position paper on the issue of dumping at sea, which is included with this Plan as Appendix J. Landscape and Nature Conservation 3.18 The Maltese Islands support a rich and diverse wildlife including rare and important habitat types and areas of ecological and scientific importance. There are, for example, at least 25 plants and 60 animals which are endemic to these islands. As noted, the 17

20 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Environmental Context continued 3 coastal area, including dune and saline marshland habitats are particularly important in terms of the habitat type and the flora and fauna they support The Structure Plan designates Areas of Ecological Importance and Sites of Scientific Importance and the Planning Authority also proposes to promote the designation and development of National Parks The Structure Plan has a blanket presumption against development in rural areas and in particular Rural Conservation Areas. Rural Conservation Areas are identified in the Structure Plan and are partly defined by Areas of Agricultural Value, Areas of Ecological Importance, Sites of Scientific Importance, Areas and Sites of Archaeological Importance, National Parks and Areas of High Landscape Value. The precise boundaries of these specifically designated areas will be defined within Local Plans. Specified components of scenic value, as identified in the Structure Plan, include panoramic views and traditional stone walls. Issues relevant to waste management 3.21 In those parts of the countryside where special statutory designations apply, development control decisions need to take full account of the features or qualities which justify the designation of the area. Development proposals such as the construction of new waste management facilities, which are likely to significantly modify the landscape, will be tightly controlled in these areas. Further guidance on the special considerations required in designated areas is to be provided in Local Plans. In addition, certain plant and animal species are protected under law and any proposals for waste management facilities will need to take account of the potential effects on protected species and habitats. Agriculture 3.22 Of the total land area of Malta less than 40% (some 13,500 hectares) is suitable for agriculture. Irrigated land covers only 700 hectares with the remainder, some 95% of the total agricultural land area, only receiving some 500mm of rain per year Malta s agricultural effort is geared mainly towards the production of animal products and vegetables. The country is self-sufficient in the production of pork, chicken, milk and eggs and it produces some 10% of the beef it consumes To promote the sustainable development of agriculture the Structure Plan provides for the designation of Areas of Agricultural Value. The Government has adopted policies to preserve the soil resources of the islands through the Soil Preservation Act, which has the objective of preserving all agriculturally usable soil in Malta. 18

21 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Environmental Context continued 3 Issues relevant to Waste Management 3.25 Proposals to develop waste management facilities need to take account of agricultural land quality and the importance of agriculture in the local economy. Climate 3.26 The climate of the Maltese Islands is typically Mediterranean with characteristic mild, wet winters and hot, dry summers. Table 3.1 gives the mean monthly values for selected climate parameters. Table 3.1 : Mean Monthly Values of Main Climate Parameters* Month Rainfall (mm) Max. Temp ( 0 C) Min Temp ( 0 C) Sea Temp ( 0 C) Sunshine (hours) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec * Based on the period Typically the dry season lasts from June to September where maximum temperatures average nearly 30 C. Most of the precipitation falls between November and February. Much of this rainfall falls during brief but intense thunderstorms, consequently there is little time for these large quantities of water to percolate underground. 19

22 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Environmental Context continued 3 Issues Relevant to Waste Management 3.28 The relatively warm climate increases rates of waste decomposition. This can result in increased nuisance levels from pests such as mosquitoes and flies and heighten odour problems, this therefore necessitates careful control of organic wastes in terms of their storage, collection, transfer, treatment and final disposal. Prolonged dry periods also make dust an important issue, in particular with respect to the transfer and disposal of wastes. Regard must also be given to the operation of facilities and transportation of waste during periods of intense rain. This is because unless mitigation measures are implemented and enforced these periods of intense rain are likely to cause nuisance issues such as mud on the roads. Human Environment Population 3.29 The major urban areas in Malta are centred on the Harbour Area including Valletta and Sliema on the east coast, Bugibba on the north coast and the central inland areas of Rabat, Mosta and Birkirkara. The key settlement on Gozo is Victoria situated near to the centre of the island Outside the main urban areas much of the land area of the Maltese Islands is undeveloped. However, agricultural land has increasingly been diverted to other land uses, for example, registered agricultural land fell from approximately 56% of the islands area in 1957 to 38% by Although in recent years this trend seems to have decelerated, with registered agricultural land in 1995 being 36% of the islands surface area The population of the Maltese Islands stands at over 378,000, projections to 2015 are provided in Table 3.2. An analysis of these statistics in relation to future waste arisings and disposal needs for the Islands are given in Chapter 4. Table 3.2 : Population Projections to 2015 Year Population (year end) , , , , ,061 Source: Strategic Planning Unit, Planning Authority 20

23 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Environmental Context continued 3 Tourism 3.32 Tourism is the key service industry in the Maltese Islands and has grown to become one of the Islands most important economic activities. In 1960 tourist arrivals totalled nearly 20,000, by 1990 these numbers had exceeded 870,000 and in 1998 tourist arrivals totalled 1.2 million. The majority of tourist developments are concentrated on the east and north coasts of Malta, including Sliema, Paceville and Bugibba. In 1990 the bed capacity available for tourists was estimated at over 41,000 with over 7,400 people employed full time in hotels, complexes and catering establishments. By 1998 the bed capacity available for tourists was some 46,500. Industry and Services 3.33 The majority of industrial development in the Maltese Islands is concentrated in the Grand Harbour, Marsaxlokk Bay and Central Local Plan Areas. Industry in the Maltese Islands includes manufacturing, ship-building and quarrying. Industry in the manufacturing sector includes textile and clothing, metal products, machinery, transport equipment and food and beverages. Malta s workforce at September 1998 stood at 144,660 and the vast majority of industrial activities are micro enterprises employing less than five people Imports and exports to and from EU Countries make up about 80% of total visible trade. Imports consist mainly of industrial plant and machinery whilst exports are largely comprised of finished and semi-manufactured goods. In 1999 Malta imported goods worth some million Maltese Liri and exported some million Maltese Liri. Communications 3.35 The road network determines the level of accessibility of land for different development purposes. The transportation network plays an important role in waste management activities with most waste arisings being transported by road to disposal facilities The Grand Harbour and the Freeport are the major port areas in Malta. Transport to, and from, Gozo is currently by means of ferry from Cirkewwa to Mgarr with a less frequent service from Pieta near Floriana Malta is also linked internationally via the Malta International Airport at Gudja. Issues relevant to waste management 3.38 The projected population growth in the Maltese Islands is expected to increase the generation of municipal waste arisings; as indicated in Table 4.4. The historic levels of growth in tourism are not anticipated continuing with emphasis on this activity instead focusing on upgrading existing capacity. However, seasonal fluctuations in tourist levels 21

24 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Environmental Context continued 3 are likely to have associated waste management implications in terms of collection, transportation, treatment and capacity The concentration of industrial activity in the Grand Harbour Local Plan Area may facilitate the requirement for a waste transfer facility, to minimise total vehicle movements through an already congested area. However, the viability of such a development would be dependent on the type and levels of waste generated, identification of sufficient storage space, and the location of future disposal facilities The location of future treatment and disposal facilities will be dependent on the road network, since this provides the method by which wastes are transported on the Maltese Islands. 22

25 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Waste Data and Existing Facilities 4 Introduction 4.1 In planning the need for future waste management facilities, information is required on the types, quantity and quality of waste generated and disposed of within the Maltese Islands. There is also a requirement to understand the current situation with respect to existing waste management facilities, including the types of waste permitted at each licensed or authorised facility, the proximity of a site to the waste arisings, and the availability of the facility within this Plan period. This information helps to establish the scale and nature of waste management on the islands, so that informed decisions can be made about the realistic provision of future facilities. 4.2 A preliminary study was undertaken prior to the formulation of this Plan. It included an assessment of the current status of waste management data and evaluated the existing waste management practices undertaken on the Islands. 4.3 The preliminary report identified a scarcity of information on waste arisings and quantities of waste requiring disposal. Consequently the information provided in this chapter is estimated on best available information and presented in generic terms. However, where possible separate regard has been given to the islands of Malta and Gozo in both this Plan s assessment of existing waste arisings and waste management facilities and its consideration of future requirements for waste management facilities. Waste Categorisation 4.4 Waste materials in the Maltese Islands are referred to in this Plan by the categories and waste types listed in Table 4.1. These are classified by the origin/ source of the waste and are based on the descriptions used in the State of the Environment Report, An explanation and definition of the waste categories and types are provided in Appendix F. Table 4.1: Waste Categories and Waste Types Waste categories Waste Type (Dominant waste content) Construction and demolition wastes Inert Municipal solid wastes Non-hazardous Commercial wastes Non-hazardous Industrial wastes Non-hazardous Industrial wastes Hazardous Port wastes Special Airport wastes Special Abattoir wastes Special Health care wastes Special 4.5 The key planning issues relate to the disposal of inert wastes, which form the bulk of arisings, non-hazardous wastes, consisting of industrial, commercial and municipal 23

26 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Waste Data and Existing Facilities continued 4 wastes, and special / priority wastes including port, airport, abattoir and healthcare wastes. These special waste types are categorised by their source and contain a significant proportion of hazardous materials. Due to their special characteristics and management requirements each of these waste categories are described separately. Existing Pattern of Waste Arisings 4.6 The estimated 1997 baseline quantities of inert, non-inert and special waste arisings requiring disposal in the Maltese Islands are shown in Table 4.2. This is based on information provided in the preliminary report to this Plan and that contained within the State of the Environment Report, The preliminary report contains waste management information provided in an earlier draft of the State of the Environment Report and was updated where additional information was available. The data contained in the preliminary report and the State of the Environment Report, 1998 are broadly consistent and are the most comprehensive record of waste arisings and movements within the Maltese Islands to date. 4.7 There are no accurate and reliable statistics regarding waste generation and disposal in Malta. The data that is available can, at best, be described as indicative. The main reasons for poor quality data is the lack of weighbridge facilities on the Islands and only minimal requirements for reporting on waste management operations. There are only two weighbridges in operation, at the Sant Antnin composting plant (operated since 1993) and at the Maghtab landfill (fully operational since September 1997). 4.8 For most waste streams arisings tend to be estimated based on either the number and type of containers in which the wastes are presented for final disposal or on the number of vehicles entering a waste disposal site. As a result waste arisings are often quoted in cubic capacity and assumptions made in converting volumes to tonnes. Whilst weighing wastes at the point of disposal tends to be the most reliable method of obtaining good quality data, the quantities of wastes disposed do not necessarily equate to the quantities of wastes generated. This is because some wastes are re-used or recycled, and the illegal dumping or fly-tipping of waste materials also occurs. 4.9 The manner in which the limitations of the available data have been overcome and an explanation of how the baseline waste arisings figures presented in Table 4.2 have been derived are described for each waste type. 24

27 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Waste Data and Existing Facilities continued 4 Table 4.2 : Estimated Baseline Waste arisings requiring Disposal in the Maltese Islands (tonnes 1997) Waste Type Waste category Waste arisings requiring disposal (tonnes) MALTA GOZO TOTAL INERT Construction & Demolition 750, ,000 1,000,000 NON-HAZARDOUS Municipal 142,000 8, ,500 Commercial / Industrial HAZARDOUS Commercial / Industrial 50,000 4,500 54,500 Not available Not available Not available SPECIAL Port wastes - - 6,250 Airport wastes - - 1,500 Abattoir wastes 2, ,800 Healthcare wastes 2, ,950 Sewage sludge Not available TOTAL 1,218,500 Inert Wastes 4.10 Data on inert waste arisings is traditionally very difficult to obtain, on account of the origins of these wastes often being numerous, short-lived and project related. The total for Malta of some 750,000 tonnes of construction and demolition wastes requiring disposal was obtained from the weighbridge records at the public landfill facility (Maghtab). It is known that some of these wastes are used for restoration and landscaping purposes and additional quantities are illegally fly-tipped. The total quantity of construction and demolition wastes arising on Malta therefore exceeds the level of waste being deposited in the public landfill. However, in the absence of further data the weighbridge data represents the best estimate of inert wastes requiring disposal and forms the baseline figure for this Plan There are no official estimates of the construction and demolition waste arisings on Gozo, although it has been estimated by the Planning Authority that some 250,000 tonnes of inert waste are generated each year There are currently no significant movements of demolition, construction or excavation wastes into or out of the islands, and therefore all inert wastes requiring disposal can be assumed to be disposed of at landfill sites within the Maltese Islands. 25

28 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Waste Data and Existing Facilities continued 4 Non-Hazardous Wastes 4.13 The non-hazardous waste category includes municipal (household and amenity wastes), commercial and industrial wastes. With respect to municipal waste arisings the baseline figures provided in Table 4.2 are taken from the weighbridge records at the landfill site (Maghtab) and the composting plant (Sant Antnin) for Malta. The figures for Gozo are taken from information contained in the Mediterranean Environmental Technical Assistance Programme (METAP) study undertaken by RH&H CONSULT for Gozo. Disposal data does not directly relate to the amount of waste generated since certain fractions of municipal waste are recycled and reused. However, in the absence of any additional data, the information provided in Table 4.2 is considered the most reliable data on this waste stream The most reliable and up to date information on Malta s industrial and commercial waste arisings requiring disposal is provided from the weighbridge at Maghtab. Information on the quantities of this waste stream generated on Gozo are contained in both the METAP study undertaken by RH&H CONSULT and the Environmental Impact Statement prepared for a proposed solid waste transfer station on Gozo. This Plan recognises that quantities of industrial and commercial wastes will be recovered in-house, however in the absence of more recent data the estimates provided in Table 4.2 have been adopted for planning purposes. Hazardous Wastes 4.15 Waste that by its very nature is hazardous is generally generated within the commercial and industrial wastes steams. However, small quantities of hazardous waste are also generated at the household level. In Malta, information on the quantities and nature of hazardous wastes is lacking. Special Wastes 4.16 Data on the quantities of port waste arisings requiring disposal, provided in the State of the Environment Report, 1998, was updated with information provided by the Malta Maritime Authority. This information, although based on estimates, is considered the most accurate source of data and indicates that some 2,500 tonnes of oily waste and some 3,750 tonnes of dry wastes are generated each year by the ports and dry docks facilities on Malta Airport waste arisings originate both from visiting aircraft (airside) and from terminal and workshop (landside) activities. This is an important distinction since current practice is that all aircraft waste, both food and rubbish, is disposed of within the airport perimeter by means of combustion. Landside waste arisings, consisting of terminal and workshop waste and food preparation wastes, are currently disposed of to the Maghtab landfill site The State of the Environment Report, 1998 contains some data on these waste arisings, this information has been updated, with data provided by the Malta International Airport 26

29 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Waste Data and Existing Facilities continued 4 and the in-flight caterers. The baseline quantities of these wastes for disposal are provided in Table 4.3. Table 4.3 : Baseline Levels of Airport Wastes requiring Disposal Waste type Waste quantity (tpa) Airside Dry wastes 220 Food wastes 620 Sub total 840 Landside Dry wastes 500 Food wastes 160 Sub total 660 TOTAL 1,500 Notes: Information provided by Malta International Airport and in-flight caterers. Aircraft dry wastes data was taken from the State of the Environment Report, The abattoir waste stream comprises wastes produced from the slaughtering process, such as hooves, gristle and hides, and dead animals and carcasses of infected animals. There is an abattoir located on both Malta and Gozo. Estimates of the wastes generated at these facilities were provided by the Ministry of Agriculture, these were based on the waste generated per animal and in the absence of further data are considered the most accurate estimate of these waste arisings. From the data provided, it is estimated that approximately 2,600 tonnes of solid waste are produced from the abattoir on Malta with a further 200 tonnes produced on Gozo each year In addition to these wastes the State of the Environment Report, 1998 predicts that considerable quantities of slaughterhouse wastes are discharged to the sewerage system and a further 911 tonnes of these wastes were accepted at the Maghtab landfill during Healthcare wastes include wastes generated by hospitals, healthcare centres and private clinics. These wastes include clinical wastes, sharps, organic and non-organic domestic-type wastes, and cytotoxic and hazardous chemical wastes, and as such can generally be divided into contaminated and non-contaminated wastes The main hospitals on Malta are St Luke s, St Vincent s and Boffa. St Luke s is the general hospital on Malta whilst St Vincent s is more specialised in caring for geriatric patients. The hospital at Boffa deals with more specialist health care patients including 27

30 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Waste Data and Existing Facilities continued 4 those suffering from cancer and other similar illnesses. Gozo s General Hospital is the main facility on the island No accurate data is available on waste arisings or disposals for this waste stream. However, the State of the Environment report, 1998 provides estimates of the quantity of contaminated and non-contaminated healthcare waste generated in Malta based on average European statistics of healthcare waste generation rates. In addition, it provides details, from the 1992 waste survey, on levels of contaminated (incinerated) waste generated on Gozo. The level of non-contaminated healthcare waste, generated on Gozo has been obtained from the 1998 waste survey of the Gozo General Hospital. These arisings are summarised in Table It is recognised that sewage sludge wastes are a further waste stream requiring consideration within this Plan. The lack of available information on this waste stream, including data on the levels of arisings, limits the discussion of this waste within this Plan. Chapter 6, does however, provide some waste management guidance with respect to the treatment of this waste stream. Projection of Waste Arisings Inert Wastes 4.25 The projections of inert waste arisings for the Plan period to 2010 are based on the assumption that there is a correlation between the levels of these wastes generated with projected trends in economic activity. For the purpose of this Plan, the baseline annual arisings for inert wastes have been set at 1 million tonnes. An extrapolation of these arisings over the period to 2010 based on a growth in economic activity of between 3% and 4.25% per annum 1 indicates that a total of some 14 million tonnes of inert waste is expected to be generated over the Plan period. These projections are provided in Table In reality a number of potential factors may influence the future level of these waste arisings, this projection has been solely based on the likely association between inert waste arisings and projected economic growth. The Structure Plan identifies the need to encourage economic development yet recognises the environmental problems associated with previous rapid rates of development. It can be expected therefore that there will be some control over the level of development activity in the future. Other factors which have the potential to affect the level of inert wastes include the considerable potential in the Maltese Islands for using recycled construction and demolition waste as a substitute for primary aggregates and other quarried materials. The introduction of a landfill charge, currently set at LM 0.35 per tonne, for the disposal of inert wastes will also act as an incentive for recycling and reuse of these materials. 1 The economic growth rates have been taken from the appropriate IMF Reports. 28

31 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Waste Data and Existing Facilities continued 4 Non-Hazardous Wastes 4.27 Projected arisings of non-hazardous municipal waste are based on the assumption that there is a correlation between the levels of these wastes generated and total population. Projections of municipal waste arisings can be undertaken on the basis of waste arisings per person or waste arisings per household. With both a co-efficient (i.e. kgs per household per week or per annum) is calculated using best available waste arisings data and known levels of population or households. Projections using household data are considered more reliable since the household is the main unit of waste generation and levels of waste generation per household are more uniform than those based on waste per capita. Projections of municipal wastes, calculated on this basis are provided in Table In calculating the level of waste generated per household, the total quantity of waste requiring disposal (generated by residents and tourists) has been related to the native number of households on the Maltese Islands. However, the projections do take account of tourist generated wastes since these wastes are included in calculating waste generated per household on which the projection of municipal waste arisings are based. The projections therefore take account of projected household growth, but also albeit indirectly, provide for some increase in tourist levels in the future. The estimates are of total municipal waste arisings before taking account of recycling Most of the EU Member States, have continued to experience increases in the quantity of municipal waste produced despite measures to increase waste recovery and recycling. Not only is growth in waste arisings related to increases in both the population and the number of households, it is also related to economic prosperity. It is not considered realistic over the Plan period to expect a reduction in per capita waste production; at best a stabilisation at current levels of production may be achieved On the basis of the limited baseline data and given the lack of data on past trends in waste arisings it has been assumed that any natural growth in arisings over and above that caused by population, and therefore household, growth will be offset by future waste minimisation initiatives. Both the Planning Authority and the Environment Protection Department are committed to improving the management of these wastes. However, waste arisings should be monitored on an annual basis, and any variations in these projections acted upon. 29

32 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Waste Data and Existing Facilities continued 4 Table 4.4: Estimate of Municipal Waste arisings requiring Disposal in the Maltese Islands Year Households Maltese Islands Arisings for Maltese Islands (t) * , , , , , , , , , , , , , , , , , , , , , , , , , ,771 Notes: Household figures from Strategic Planning Unit, Planning Authority. Number of households projected on 5 year basis and figures for each year estimated on pro rata basis * Per household waste arisings are based on level of disposals 1997 and number of households in For non-hazardous industrial and commercial wastes an extrapolation of the baseline level of arisings has been undertaken assuming economic growth of between 3% and 4.25% per annum. These rates of economic growth are based on projections contained within IMF Reports made available to the Planning Authority. On the basis of the limited quantitative data and the determination of the Planning Authority and Environment Protection Department to improve the management of wastes it has been assumed that any growth in arisings over and above this level will be offset by increased reduction and recycling of these wastes The projected total non-hazardous non-inert waste arisings for this Plan period are summarised in Table 4.5. This indicates that a total of almost 2.58 million tonnes of non-hazardous waste are estimated to be generated in the Maltese Islands over the period to On this basis the overall inert and non-hazardous non-inert level of waste equates to between 1.27 and 1.79 million tonnes each year. 30

33 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Waste Data and Existing Facilities continued 4 Table 4.5: Projected Annual Inert and Non-Hazardous Waste arisings for the Plan Period Year Inert Non-hazardous Municipal Industrial / Commercial Total Nonhazardous TOTAL ,060, ,361 57, ,181 1,273, ,095, ,292 59, ,990 1,311, ,132, ,467 61, ,165 1,352, ,171, ,642 63, ,469 1,395, ,212, ,818 66, ,910 1,441, ,256, ,993 68, ,498 1,490, ,304, ,168 71, ,242 1,542, ,354, ,319 73, ,129 1,597, ,407, ,469 76, ,195 1,656, ,464, ,620 79, ,453 1,718, ,525, ,771 83, ,917 1,784,533 Total ,985,834 1,814, ,228 2,577,148 16,562,982 Notes: 1 Assumes waste arisings increase of 3.0% up to 2000, 3.25% at 2000, 3.75 % at 2005 and 4.25% at Growth rates for the Maltese Economy based on constant price rates established in IMF Reports Special Wastes 4.33 The baseline arisings of special wastes have been taken from information contained in the State of the Environment Report, 1998 updated where possible by further information provided by the relevant Government departments. Unless stated otherwise the baseline special waste arisings data relate to the level of waste generated in As at August 1998 the oily port wastes, were collected by one private contractor and stored for recycling. The proposed recycling of these oils is dependent on the completion of an oil separation facility. Regardless of the success of this proposed scheme the potentially contaminating nature of these liquid wastes makes it important for the liquid and solid element of this waste stream to be dealt with separately. Projections of these wastes are dependent on relevant future economic activity levels, however since these effects are not quantitative a simple extrapolation of current levels has been assumed. Based on the baseline levels of waste arisings requiring disposal it is estimated that there will be some 41,250 tonnes of solid wastes and 27,500 tonnes oily wastes generated over this Plan period In the absence of historic waste records and given the plans to significantly extend the existing airport on Malta, projections of airport waste arisings over this Plan period have 31

34 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Waste Data and Existing Facilities continued 4 been taken as being a simple extrapolation of baseline levels. Consequently it is estimated that there will be some 9,240 tonnes of airside wastes and 7,260 tonnes of landside wastes requiring disposal over this Plan period Projections of future arisings of abattoir wastes can be expected to be related to population levels, consequently the 1997 baseline level of waste arisings have taken account of the slight projected growth of the Maltese population during this Plan period. The total projected levels of this solid waste stream requiring disposal is therefore some 37,700 tonnes over this Plan period A new general hospital of a similar size to St Luke s is being built on Malta and is expected to create approximately the same types and quantities of waste as those currently being generated at St Luke s. In projecting future healthcare arisings requiring disposal, regard has been given to the additional wastes likely to be produced by this hospital. The total projected levels of these wastes requiring disposal are based on an extrapolation of baseline healthcare waste arisings together with additional arisings from the proposed hospital, assuming a constant level of arisings per bed and the hospital being operational from the year The total projected quantities of healthcare wastes requiring disposal during the Plan period are 34,060 tonnes (contaminated) and 7,776 tonnes (non-contaminated). Year Table 4.6: Projection of Annual Special Waste arisings for the Plan Period Special Wastes (t) Port Airport Healthcare Oily Dry Airside Landside Abattoir Contaminated Noncontaminated ,500 3, , ,390 TOTAL ,500 3, , ,390 13, ,500 3, , ,390 13, ,500 3, , ,390 13, ,500 3, , ,390 13, ,500 3, , ,500 15, ,500 3, , ,500 15, ,500 3, , ,500 15, ,500 3, , ,500 15, ,500 3, , ,500 15, ,500 3, , ,500 16, ,500 3, , ,500 16,485 Total ,500 41,250 9,240 7,260 37,731 7,776 34, ,817 32

35 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Waste Data and Existing Facilities continued 4 Existing Waste Management Facilities 4.38 A summary of the licensed / authorised and operational waste management facilities in the Maltese Islands are provided in Table 4.7. The location of these facilities is provided in Figure 4.1. In addition to these facilities there exist a number of unofficial inert waste dump sites on both Malta and Gozo. Table 4.7: Authorised Waste Management Facilities on the Maltese Islands as at 1 January 1999 Facility Type Location Current Capacity Landfill Maghtab - Malta Unknown landraise facility Landfill Qortin - Gozo Unknown landraise facility Composting Plant St. Antnin - Malta 50,000tpa Combustion Hospital St Luke s - Malta Unknown generally sufficient for current levels Combustion Hospital Boffa Malta Unknown generally sufficient for current levels Combustion Hospital Gozo General - Gozo Unknown generally sufficient for current levels Combustion Abattoir Malta Unknown but predominantly non-operational Combustion Abattoir Gozo Unknown generally sufficient for current levels Combustion Dry Docks Malta Unknown Combustion Airport Gudja Malta Unknown open burning Recycling Maghtab - Malta Unknown not fully operational currently used to recover / recycle textiles, plastics, packaging and aluminium Landfill 4.39 Landfill is the dominant method of waste disposal on the Maltese Islands handling the majority of inert and non-hazardous wastes as well as many of the special waste streams identified in Table 4.1. The disposal of these special waste streams to landfill occurs on occasions when the combustion units are not operational. The existing public landfill sites on Malta and Gozo are not designed or operated to waste management standards required by EU legislation and fall well below current best practice. The current standard of management is minimal and the landfill sites realistically can only be described as uncontrolled dumps. 33

36 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Waste Data and Existing Facilities continued 4 Figure 4.1: Existing Waste Management Facilities on the Maltese Islands Waste Oils Recycling Plant Composting 4.40 The solid waste composting plant at Sant Antnin has an annual design capacity to treat approximately 50,000 tonnes of municipal solid waste. The Sant Antnin plant was originally designed to operate using a windrow system with forced aeration. Due to odour problems this technology has been replaced by the Eco-Pod system, consequently reducing the plant s throughput. Currently the plant is treating approximately 25,000 tonnes of municipal waste per annum. The incoming municipal waste is mechanically sorted into various fractions. The compostable material is transferred to the composting shed, while the residual material is taken off-site for disposal at the Maghtab landfill site The composting plant is sited adjacent to the sewage treatment plant. It was originally anticipated that sewage sludge be incorporated in the composting process. This has not taken place although the trials being undertaken at the composting plant may identify a process through which this may become practicable. 34

37 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Waste Data and Existing Facilities continued 4 Combustion 4.42 The waste combustion units, with the exception of the rotary kiln incinerator at the Gozo abattoir, only provide for the crude uncontrolled burning of wastes. These units invariably fail to fully combust the wastes, and are not designed or operated in accordance with the waste management standards adhered to in the EU. It has been recommended that these units are shut down and alternative arrangements made for the treatment and disposal of these wastes. Recovery 4.43 A limited number of bring collection systems are being trialled by some Local Councils for the collection of materials suitable for recycling. The availability of these facilities is very limited and the success of these local sites, to collect separate fractions of the municipal waste stream, has yet to be established. Disposal at Sea 4.44 Limited quantities of inert wastes are disposed of at sea under case-by-case arrangements. The official dumpsite for these wastes is located off the east coast of Malta approximately 4 km north east of Valletta. Although some of these dumping operations are part of major projects that have been permitted by the Planning Authority, there are a number of operations that are not regulated by the Planning Authority and are not subject to the normal permitting and environmental assessment requirements. No specific information on the volumes or types of waste being disposed of in this way is currently available. Remaining Capacity 4.45 All the known inert and non-hazardous wastes requiring disposal are currently disposed of to landfill. It is not possible to obtain reliable estimates of the remaining void in the operational landfill facilities since both public landfill sites are operated as landraise facilities and neither have agreed completion profiles or time periods for site completion and restoration The capacity of the existing combustion units on the Maltese Islands is also difficult to quantify. Nevertheless, with the exception of periods when the facilities are not operational, the existing facilities appear to have the capacity to deal with current levels of wastes requiring disposal. However, with the exception of the incinerator at the Gozo abattoir, the existing waste combustion units for special wastes require replacement with more effective thermal treatment plants or through use of alternative disposal methods. This is because the existing combustion facilities do not satisfy the requirements of the EU Directive on emission controls from hazardous waste incinerators (89/429/EEC), and in order to provide for the safe treatment of these wastes. 35

38 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Need for New Waste Management Facilities An assessment of need involves a simple equation. At the one end of the equation it is necessary to derive the level of waste arisings requiring treatment and / or disposal for each waste type. At the other end of the equation it is necessary to determine the current level of permitted treatment and disposal capacity. The difference between the two represents the need for new or additional treatment and disposal capacity. Inert Wastes 5.2 The projected inert waste arisings for the Plan period are provided in Table On the Islands, almost all of these wastes are currently disposed of to landfill. A small quantity of inert wastes derived from major development projects on the Islands are being disposed of to sea at an official dumpsite off the east coast of Malta. A conversion rate for inert wastes that is widely accepted within the EU assumes that 1.5 tonnes of inert waste equates to 1 cubic metre of landfill capacity. On this basis, there is a requirement for between 710,000 m 3 and just over one million m 3 of inert landfill capacity to be made available each year. 5.4 Over the Plan period a total of some 9.3 million m 3 of landfill void is predicted to be required for the disposal of these inert waste arisings. Although, as stated in paragraph 4.26, the level of inert waste requiring disposal to landfill may be reduced from this predicted level on account of the potential for construction and demolition wastes to be reused as a substitute for primary aggregates. It is the policy of the Planning Authority to seek greater reuse and recycling of inert wastes and guidance contained in the Public Consultation Draft of the Minerals Subject Plan deals with standard conditions for recycling of inert materials in quarries and the disposal of inert wastes in quarries. 5.5 There are no official inert only waste disposal sites on the Islands. As a consequence a significant proportion of the waste input to the existing official landfill sites is comprised of inert wastes. For example in 1997 some 80% of the wastes landfilled at Maghtab were inert wastes. 5.6 The Planning Authority has identified disused quarries as having the potential to be used as controlled inert waste disposal sites. A report by the Planning Authority in February 1997 provided an assessment of the suitability of some 12 disused quarries on Gozo for inert waste disposal. All 12 disused quarries were identified on the basis that they possessed no further potential for quarrying and their reuse would not create significant problems for adjacent quarrying operations. 5.7 On the basis of this report the following disused quarries on Gozo were identified as having the potential to be operated as inert waste landfill sites: Tal-Ksajjem l/o Gharb (DQA 06). Il Perwelin l/o Gharb (DQA 03). Ta Rieb l/o Gharb (DQA 04 + DQA 05). 36

39 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Need for New Waste Management Facilities continued 5 Habel Lazz l/o Kercem (DQA 07). Tal-Misrah l/o San Lawrenz + Tal-Qattara l/o Kercem (DQA 08a + DQA 08b). 5.8 Since the production of this report the site at Tal-Ksajjem (DQA 06) has been filled and as at February 2000 was in the process of being restored. The site at Tal-Qattara (DQA 08b) has been granted a planning permit for operation as a controlled inert waste landfill and is also in an advanced stage of being filled completely. In addition, softstone quarry No 5 has been given a clearance to accept inert material for landfilling in disused parts of the quarry. 5.9 The capacity of the remaining disused quarries identified, including the site at Il-Qattara would provide approximately 5 years inert landfill capacity on Gozo based on current levels of waste requiring disposal. In the short to medium term the development of these identified sites is proposed. This would enable a recognised need for landfill void to be satisfied, whilst providing improved restoration of these disused areas. Such proposals would also provide Gozo with the `breathing space necessary to help develop alternative waste management options that are higher up the waste hierarchy, in particular construction and demolition waste recycling and reuse The Consultation Draft of the Minerals Subject Plan does not identify any disused hardstone or softstone quarries on Malta. Seven unlicensed or suspended softstone quarries are recorded, but the locations of these sites are not specified. However, as on Gozo, the identification of any disused quarries suitable for inert waste disposal would provide the additional potential benefit of restoring land to more beneficial after uses The financial and environmental costs of transporting inert wastes combined with the large quantities of these wastes strongly favours the identification of a network of such sites on Malta. The establishment of an adequate number of inert waste disposal facilities would reduce the need for these waste to be transported long distances hence minimising the opportunities for fly tipping or illegal disposal and as such would be in accordance with the aims of the proximity principle Guidance on the criteria considered appropriate for selecting locations suitable for the disposal, or recycling of, inert wastes is contained in Appendix I With some 7.0 million of the 9.3 million cubic metres of inert landfill void anticipated during the Plan period requiring to be identified on Malta and with landfill space becoming limited at Maghtab it is important that a number of inert landfill sites are identified on Malta On the basis of the predicted inert waste arisings (Table 4.5) and assuming the continued emphasis in the short to medium term on landfilling some six sites of between 300, ,000m 3 capacity or some two sites of 1,000,000m 3 capacity are anticipated to be required on Malta. However, a larger number of smaller sites are preferred for the reasons outlined above. These estimated landfill requirements have regard to the need for inert waste to be used as cover material on non-inert landfill sites. The 37

40 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Need for New Waste Management Facilities continued 5 implementation of either of these scenarios is anticipated to provide Malta with sufficient inert void space to last into the second half of this Plan period Although limited amounts of inert waste are currently disposed of at sea this form of disposal is not considered to be a realistic or appropriate long-term alternative to landfill. Disposal of such wastes at sea can give rise to significant environmental impacts and as such are controlled by international conventions and protocols. Under certain special circumstances sea based disposal of inert waste may be considered where it can be demonstrated that it will not give rise to adverse impacts on the marine environment. Such proposals would be subject to environmental impact assessment requirements. The Planning Authority s position on this issue is presented in its Position Paper on Disposal of Waste at Sea, July 2001 (refer Appendix J). Municipal Wastes 5.16 The projected municipal waste arisings for this Plan period are 1.8 million tonnes (refer Table 4.5) All these wastes are currently disposed of to landfill, Maghtab on Malta and Qortin on Gozo. A conversion rate for municipal wastes that is widely accepted within the EU assumes that 0.8 tonnes of municipal waste equates to 1 cubic metre of landfill capacity. On this basis, there is a requirement for between just over 190,000 m 3 and 220,000 m 3 of landfill capacity to be made available each year during this Plan period A total of almost 2.3 million m 3 of landfill void is predicted to be required to provide for the disposal of all municipal waste arisings over this Plan period. However, in accordance with the objectives of EU policy and guidance and the policies established in this Plan the strategy for dealing with these wastes over the whole Plan period is not to be one of sole reliance on landfill An integrated strategy comprising promotion of minimisation, recycling and composting initiatives together with the provision of final disposal facilities is considered necessary to secure the sustainable management of the Islands municipal wastes in the long term The recycling or recovery of resources, including energy from waste is regarded as a better waste management option than simple disposal of wastes. Given the current method of refuse collection and the housing characteristics on the Islands the use and development of bring systems, where the public deliver clean segregated materials, such as glass, paper, cans etc. to collection points, is considered more suitable than collection of recyclable materials from individual houses. A number of bring schemes have been piloted by Local Councils The promotion of such facilities by Local Councils will help not only to reduce the amount of waste requiring final disposal but will also help raise peoples awareness to waste management issues. 38

41 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Need for New Waste Management Facilities continued The results of the pilot schemes will help determine the most appropriate level and design of these facilities. However, it is envisaged that at least one such facility is made available to residents and tourists in each Local Plan area. These facilities should be sited in locations that are unlikely to cause significant negative amenity impacts but which remain accessible to tourist and other high-density population areas. The siting criteria for waste facilities provided in Appendix I will assist with the identification of suitable locations, which for example can include locations such as large car parks With the infrastructure for composting established on the Islands and the potential for compostable material to improve soil yields, this option is regarded as an important element of the waste management strategy on the Islands. The existing composting plant at Sant Antnin, if able to operate at its design capacity, can treat approximately one third of the projected annual municipal waste arisings Typically the biodegradable element of the municipal waste stream is some 60% to 75%, however, in light of the current levels of composting being achieved it is unlikely that any further composting capacity will be required during the Plan period. It is anticipated therefore that this plant will provide the full composting needs for the Islands. However, the level of composting actually achieved will be limited by the operational requirements of the plant and the markets for the compost It is recognised that the development of new markets for waste-derived compost and for materials collected from bring schemes will take time. As such recycling is unlikely to have a significant impact on reducing the levels of municipal waste requiring final disposal from current levels during at least the first half of this Plan period. In the longer term the geographical location of the Maltese Islands may also act as a limiting factor with respect to the development of markets for recyclable materials on the overall level of recycling and composting that can realistically be achieved Table 5.1 is for illustrative purposes, but provides an indication of the impact that recycling may have on the levels of municipal waste requiring final disposal over this Plan period. Option 1 relates to the do nothing approach in that municipal waste arisings are assumed to increase in line with household growth as predicted in Table 4.4. Option 2 assumes that from the baseline position predicted in Table 4.4 a low level of recycling that grows at 1% per annum is achieved over the whole Plan period. Option 3 assumes that from the baseline position predicted in Table 4.4 a low level of recycling of 1.5% per annum is achieved in the first half of this Plan period which increases to 3% for the second half of this Plan period. 39

42 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Need for New Waste Management Facilities continued 5 Table 5.1: Potential Levels of Municipal Waste requiring Disposal assuming some Recycling/Composting Options Municipal Waste Requiring Treatment / Disposal (t) Option 1 - No Additional Recycling 154, , ,771 (0) (0) (0) Option 2 - Increase of 1% recycling per annum (Assumes 11% recycling achieved by 2009) 152, , ,436 (1,543) (9,900) (19,335) Option 3 - Increase of 1.5% per annum from and 3% per annum from 2004 to (Assumes 24% recycling achieved by 2009) 150, , ,891 Notes: Tonnes of waste recycled in year shown provided in brackets (3,835) (23,858) (56,880) 5.26 The level of recycling will determine the levels of residual municipal waste requiring treatment and final disposal. On the basis of the options presented in Table 5.1 the annual level of waste disposal capacity required to deal with the expected residual municipal wastes is between some 120,000 tonnes and 176,000 tonnes by the end of this Plan period. The available treatment techniques include: Pyrolysis/gasification; anaerobic digestion; thermal treatment options including incineration with energy recovery; and engineered landfill for final disposal Pyrolysis is a thermal pre-treatment method that can be applied to municipal waste in order to transform organic waste to a gas, liquid and a char fraction. This can be followed by combustion of the gas generated (gasification). However, there exist uncertainties over the economics and practicable application to municipal waste with the technology currently restricted to a few prototype plants under development and in operation in Europe. The use of more established and proven technologies are however likely to prove more reliable in an Island context. 40

43 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Need for New Waste Management Facilities continued Anaerobic digestion is similar to pyrolysis in that it involves the decomposition of organic wastes which produce gas which can then be utilised for energy production. Its use within Europe is however limited for MSW applications only on account of the large capital investment required in relation to the associated overall reduction in the volume of waste requiring final disposal Energy from waste incineration is the combustion of waste to produce energy for electricity generation and / or heat. Several combustion technologies are available, although mass burn is most commonly adopted throughout Europe. It is a proven technology capable of dealing with large volumes of municipal waste Prior to the development of any incineration or other type of thermal treatment plant detailed consideration would have to be given to issues such as economies of scale, siting requirements, current and future waste characteristics, the calorific value of the waste and levels of secure tonnages. This is because all these elements influence the combustion potential of the plant and considerable attention has to be given by incinerator designers to the conditions necessary for optimum combustion Decisions regarding the actual mix of waste management options required to deal with the municipal wastes generated on the Maltese Island will be the responsibility of the Environment Protection Department. However, with the expected volume of municipal wastes requiring disposal it is important that proven technologies capable of dealing with such wastes are given full consideration by this Plan Consideration of these facilities by this Plan will enable the siting of such plants to be considered. Proper siting is fundamental if the environmental impacts of such developments, including traffic, are to be minimised On account of the likely residual levels of municipal waste requiring disposal and the aims of the EU in promoting recovery and recycling of waste it is envisaged that no more than one energy from waste plant would be required on the Maltese Islands. Incineration of non-hazardous wastes without energy recovery would be placed at the bottom of the waste hierarchy and would not be considered acceptable on the Islands On account of the time required for initiatives such as recycling to come to fruition, the timescales involved in developing alternative facilities, and the current total reliance on landfill to deal with these wastes, a continued reliance on landfill for the disposal of these wastes is anticipated until at least the second half of this Plan period. Landfill capacity for the disposal of residues from any future waste treatment facilities will also be required regardless of which long-term waste management option is adopted It is not possible to estimate the current capacity at the existing official landfill sites on Malta and Gozo since both are landraise facilities and neither have proposed final contours or an end date for tipping at these locations. It is however noticeable that both facilities have limited remaining capacity and are not operated to current best practice. 41

44 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Need for New Waste Management Facilities continued 5 Furthermore, neither site is engineered and the environmental impacts associated with these sites are significant It is important that at least one engineered landfill site is identified and constructed on Malta by the mid-point in this Plan period. The development of such a site will provide a more environmentally sustainable option for the final disposal of these wastes than currently exists. The site will need to accept all municipal wastes that are not either recycled or treated by the other waste management options discussed above. The costs of developing an engineered landfill and the limitations of finding suitable new landfill capacity suggest that the number of additional landfills will be limited A study by the Planning Authority and the Environment Protection Department in 1997 to identify sites for an engineered landfill produced a list of some 16 sites. From this list a shortlist of seven potentially suitable sites was identified through a sieving process that took into account a number of factors. The seven short listed sites were: Wied Ghammieq, Limits of Xghajra; Zonqor, Limits of Marsascala; Wied Moqbol Quarry, Limits of Benghajsa; Ta Majru, San Tumas; Ix-Xoqqiet, Benghajsa; Ghallis ta Gewwa (Maghtab extension); and Benghajsa (L-Inwadar, Ta Miguma, Tal-Harrub) Through a further assessment process using environmental, social, technical and economic considerations three preferred sites were identified. Of these three preferred sites two (Wied Moqbol and Ix-Xoqqiet, Benghajsa) have been discounted for practical reasons leaving the site at Ghallis ta Gewwa (Maghtab extension) as the site considered most suitable for development of an engineered landfill on Malta The capacity of the engineered landfill should take account of the maximum potential non-inert waste requirement. However, the rate of voidspace take up over this Plan period will be affected by a number of factors. For example, as illustrated in Table 5.1, if recycling and composting levels increase the capacity required of such a facility will reduce. A reduced requirement for engineered landfill capacity will also result if one or more of the other waste treatment options discussed are developed. Regard should also be given to the likely long-term nature of this facility for the disposal of residual wastes in the event that other waste management options are brought on line A need for replacement non-inert landfill capacity on Gozo may also be required in order to provide for the satisfactory future disposal of this island s non-inert wastes. The need 42

45 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Need for New Waste Management Facilities continued 5 for such a facility would however be avoided if a transfer station was developed on Gozo to store and transfer municipal and other non-inert wastes from Gozo to Malta for final disposal. The implementation of such a scheme would be considered favourable on account of the level of such arisings and the costs associated with the development of waste treatment options and / or an engineered landfill. Commercial and Industrial Wastes 5.41 The projected industrial and commercial waste arisings for this Plan period are approximately 760,000 tonnes (refer Table 4.5) All these wastes are currently disposed of to landfill, Maghtab on Malta and Qortin on Gozo. A conversion rate for these wastes that is widely accepted within the EU assumes that 0.8 tonnes equates to 1 cubic metre of landfill capacity. On this basis, there is a requirement for between just over 72,000 m 3 and 104,000 m 3 of landfill capacity to be made available each year during this Plan period The potential exists for some of this waste to be recycled and in the event of a waste to energy incineration plant being constructed some of this waste could be treated in this way. In both cases the level of waste requiring disposal to landfill would be reduced. There is however limited accuracy of the assumptions made in predicting these waste arisings over this Plan period and more limited influence of controls that can be placed on industry to promote recycling and alternative disposal options. As a consequence it is prudent to assume that all these wastes will be disposed of to landfill during this Plan period. Special and Hazardous Wastes 5.44 Port Wastes are similar in type and composition to general industrial and commercial wastes. This similarity combined with the small total quantity of these wastes makes the provision of a separate and dedicated facility for these wastes unnecessary. The current disposal method is not efficient or effective and it is proposed that the use of sealed containers would provide sufficient containment for these wastes to enable them to be disposed of in the same facilities as those proposed for industrial and commercial wastes Airport Wastes are similar in composition to municipal wastes. Existing legislation restricts the management of aircraft wastes to on-site thermal treatment. It is considered that this is no longer necessary and the legislation should be reviewed. Improved waste handling procedures can be implemented to ensure that all aircraft wastes are placed in sealed containers prior to transportation to disposal facilities offsite, and wastes can also be disinfected prior to transfer. On account of the limited level of these wastes it is proposed that these wastes could be dealt with in the same treatment/disposal facilities as those proposed for municipal waste. 43

46 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Need for New Waste Management Facilities continued The treatment and disposal of Abattoir wastes close to the source of arising is recommended. Consideration should be given to the provision of a dedicated incinerator at the main abattoir in Malta to replace the current facility. A similar plant to that situated on Gozo would be suitable for on-site use at the Malta abattoir assuming that appropriate environmental controls were included. The provision of dedicated areas and the strict implementation of proper waste management practices for the disposal of these wastes at the landfill sites must be introduced until alternative and effective incineration units are provided on Malta With healthcare waste a distinction needs to be made between the contaminated and uncontaminated waste streams produced. General commercial and household type wastes produced at healthcare facilities can be disposed at conventional waste disposal facilities and do not require special handling or treatment if properly segregated, stored and collected. Specialist treatment capacity, however, is required for those infectious and contaminated healthcare (clinical) waste produced at hospitals and other health care and dental facilities. Microwave technology, thermal treatment, autoclaving and superheated steam sterilisation are all appropriate technologies for contaminated healthcare wastes Incineration is the most flexible technology, but the economics of this option will be influenced by the quantity of waste handled. Experience suggests that for clinical wastes, incineration capacity of less than 3,500 tpa may not be justifiable economically. The estimated quantities of clinical wastes produced on Malta suggest that there may not be sufficient to justify the development of a dedicated clinical waste incinerator. If this option was to be viable then it would require the development of a single facility handling waste from all hospitals as well as wastes from other healthcare facilities on the Islands Newer approaches such as microwave and autoclaving are proven technologies internationally. They require careful segregation of wastes and offer the advantage that capital and operating costs are lower than for incineration-based technologies. Given the quantities of healthcare wastes produced on the Islands then these technologies may prove more attractive. The typical operating capacity for microwave units is 1,500-1,800 tpa, which suggests that more than one unit may be necessary for Malta. These units can be located at hospital sites. Summary 5.50 A summary of the waste facility requirements for the Maltese Islands during this Plan period is provided in Table 5.2: 44

47 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Need for New Waste Management Facilities continued 5 Table 5.2: Summary of waste facility requirements to 2010 Waste Type Facility Type Comment Inert Wastes Recycling Potential exists for recycling and reuse of waste materials. Further investigation required in the short term, although existing and disused quarries offer suitable locations that could be established by the mid point in this Plan period. Landfill Malta Development of between two and six sites providing 2 million cubic metres capacity will be required during this Plan period. Gozo Development of six disused quarries will be required during this Plan period. The above will provide for disposal capacity in the medium term and enable a better determination of waste arisings requiring disposal to be gained. Municipal Wastes Recycling Expansion of bring schemes to provide outlets in each Local Plan area preferably by the mid-point in this Plan period. Composting Pyrolyis, Anaerobic Digestion or energy from waste incineration Currently the plant is handling approximately 25,000 tonnes of MSW per annum. The potential exists for this to increase to some 50,000 tonnes per annum during this Plan period. Consideration of all options and research and monitoring into current and future waste levels and characteristics is required in the short term. The development of the necessary facilities would be required during the Plan period. The timetable for the development of such facilities would be subject to gaining the necessary permissions. For energy from waste incineration only one plant would be required to serve the Islands. 45

48 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Need for New Waste Management Facilities continued 5 Waste Type Facility Type Comment Commercial & Industrial Wastes Special Wastes Landfill Transfer Station Recycling Composting Energy from Waste Incineration Landfill Malta Development of engineered landfill required in the short term to provide disposal capacity during development of other waste management options and for the disposal of treatment residues in the medium to longer term. However, until the preferred mix of waste management options is agreed the capacity required remains uncertain. Site at Ghallis ta Gewwa (Maghtab extension) has been identified as the preferred location for a new site. Gozo Development of engineered landfill for noninert wastes may be required during this Plan period (see below). The development of a transfer station on Gozo during this Plan period would remove the requirement to develop an engineered landfill on this Island. Potential exists for recycling and reuse of waste materials during this Plan period. Further investigation required in the short term. Potential exists for composting some industrial and commercial wastes with municipal wastes at Sant Antnin during this Plan period. Further investigation required in the short term. Potential exists for incinerating some industrial and commercial wastes with municipal wastes during this Plan period. Further investigation required in the short term. Assume all wastes will require disposal in engineered landfill in the short term. (See comments under municipal wastes above) Port Wastes Landfill With proper containerisation these waste can be disposed of to landfill in same manner as municipal and industrial and commercial wastes. 46

49 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Need for New Waste Management Facilities continued 5 Waste Type Facility Type Comment Airport Wastes Anaerobic Digestion, Pyrolysis, & Energy from Waste incineration Landfill Further investigation is required in the short term but potential exists for these wastes to be disposed of in the same manner as municipal and industrial & commercial wastes. With proper containerisation these waste can be disposed of to landfill in same manner as municipal and industrial and commercial wastes. Abattoir Wastes Incineration Provision of dedicated facility on Malta and continued incineration of wastes on Gozo. Both to be equipped with adequate environmental controls by the mid-point in this Plan period. Healthcare Wastes Landfill Microwave technology, thermal treatment, autoclaving and super-heated steam sterilisation Landfill The provision of dedicated disposal areas and the strict implementation of proper waste management practices for the disposal of these wastes at the landfill sites must be introduced in the short term until alternative and effective incineration units are provided on Malta. Further investigation required in the short term into available techniques, although microwaving is proposed at St Luke s and at the proposed new hospital on Malta. The provision of dedicated disposal areas and the strict implementation of proper waste management practices for the disposal of these wastes at the landfill sites must be introduced in the short term until alternative and effective alternative waste management options are provided. 47

50 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies 6 Overall Waste Strategy Sustainable Development 6.1 The concept of sustainable development, as set out in the Brundtland Report (1987 report of the World Commission on Envi ronment and Development) is that development should be carried out in a manner which will not prejudice the ability of future generations to meet their own needs. This is extended to include the concept that we should not leave a legacy of problems to be resolved by future generations (for example, land, air and water which is polluted or land poorly restored) and that scarce resources should be conserved. Such an approach is particularly appropriate in dealing with waste. 6.2 The approach of the Planning Authority in dealing with waste and the aim underlying this Plan is that waste handling, treatment and disposal should be dealt with in an environmentally acceptable manner minimising the long-term impact of waste. The Waste Hierarchy 6.3 The objective of both the Planning Authority and the Environment Protection Department, is to encourage the adoption of a more sustainable approach to the production and management of waste in the Maltese Islands. This Plan seeks to achieve this through the adoption of waste management policies based on the waste management hierarchy, which has a presumption in favour of options higher up the hierarchy. This favours waste minimisation, re-use, recycling, and other methods of processing and treating wastes to reduce the amount of waste requiring final disposal to landfill. This is consistent with wider European strategic waste policies that aim to reduce the quantity of waste disposal to landfill. 6.4 The Policies set out in this chapter seek to provide the strategic context against which specific development proposals will be considered. Each policy should also be read in conjunction with the development control and environmental protection policies contained in Chapter 7. Only if all policies contained within this plan are satisfied will proposals be permitted. Policy SWM1 The Planning Authority will determine proposals for new waste management facilities in accordance with the principles of sustainable development and the following waste management hierarchy: (i) (ii) (iii) (iv) Reduction; Re-use and Recycling including composting; Recovery, including energy from waste; Final Disposal. 48

51 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued 6 Preference will be given by the Planning Authority to proposals that aim to move the management and disposal of wastes further up the waste hierarchy and away from sole reliance on final disposal. Policy SWM2 The Planning Authority will support public, private and voluntary sector initiatives to reuse, recover and recycle waste in accordance with the Policies in this Plan. Policy SWM3 The Planning Authority will support measures that encourage separation of waste at source for reuse or recycling. The Proximity Principle 6.5 Waste should be treated or disposed of as close as possible to the point at which it is generated. This creates a more responsible and hence sustainable approach to the management of wastes by limiting the adverse environmental effects from transporting waste over long distances. The distance that waste should travel will vary according to the particular circumstances. Although it should normally be practicable to dispose of municipal waste reasonably close to the source of arisings, longer distances may be justified for other wastes, such as healthcare wastes, for which specialised facilities may be required. 6.6 The overall objective of the proximity principle is for waste to be disposed of within the area of its generation. The proximity principle suggests that local solutions should be sought wherever possible. However, this principle strongly advocated by the EU is of more relevance to larger countries than island states, such as Malta. On account of the quantities of waste generated and the size and land availability on the Maltese Islands it is recognised that the provision of a large number of local waste management facilities for the handling, treatment and safe disposal of waste close to where it arises may not be appropriate. 6.7 Presented in Appendix I to this Plan are criteria to be considered when identifying sites for waste facilities determining individual applications for new waste management facilities within the Maltese Islands. The criteria are intended to assist both the private sector and the Planning Authority to assess the suitability of areas or sites for future waste uses. Policy SWM4 The Planning Authority will, in having regard to the proximity principle, seek to ensure that an appropriate network of waste management facilities is provided for waste arisings in the Islands, so as to ensure self-sufficiency in treatment and disposal capacity. 49

52 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued 6 Policy SWM5 The Planning Authority will seek to ensure that appropriate waste facilities are provided for on Malta to handle waste generated on Gozo and Comino. Policy SWM6 The Planning Authority will assess the suitability of sites for new proposed waste management facilities against the site selection criteria identified in Appendix I of the Waste Management Subject Plan. Waste Minimisation 6.8 Waste minimisation will rely heavily on organisations and individuals making changes to their current processes and practices to reduce the generation of waste. However, achievement of this objective may have land use implications, for example, where changes are required to the layout and design of existing infrastructure. As a rule of thumb it is suggested that proposals which are likely to generate in a year more than 15,000 tonnes of inert waste and / or 3,000 tonnes of industrial, commercial and municipal wastes and / or 300 tonnes of special waste will require to have regard to Policy SWM5. Policy SWM7 The Planning Authority will require Applicants of proposals that have the potential to generate large quantities of waste to provide specific information on measures to minimise waste generation and how waste will be managed in keeping with the principles of sustainable development. Proposals should also include provision for the separation and storage of different types of waste for recycling as appropriate. Recycling and Transfer of Wastes General 6.9 If there is to be the desired movement up the waste management hierarchy away from landfill, there must be active encouragement of proposals which achieve these objectives. Sites must be provided for the development of the necessary facilities. These should normally be sited close to the source of waste arisings Permission will normally only be granted for permanent waste recycling, processing, storage and transfer facilities at locations which are appropriate for the siting of industrial development of this nature, and which meet and maintain the environmental standards set out in specific plan policies. 50

53 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued Recycling plants may be appropriate at existing waste management facilities and/or key generators of wastes including, for example, at some quarries. Permission will normally be granted for such plants for a period equal to the operational life of the existing facility, provided that they would not be likely to give rise to unacceptable environmental impact. Policy SWM8 The Planning Authority will support proposals for the provision and erection of plant and buildings for the recycling, transfer, storage and other treatment or handling of waste provided that: (i) the proposed site is located near to the likely source(s) of waste and/or the market(s) for the recycled or recovered materials; and (ii) the proposed site is located: within an existing industrial site or on land which is permitted or allocated for industrial or similarly related development; or on land previously used for waste disposal or minerals development; or at a waste management facility provided that the proposed development is connected with the waste management operation and is for a temporary period commensurate with the operational life of the existing facility; and (iii) the proposal will not give rise to unacceptable impact on local communities or the environment. Recycling and Reuse of Inert Waste 6.12 Due to the significance of inert waste arisings on the Maltese Islands, the Planning Authority will seek to encourage greater reuse and recycling of demolition, construction, mineral and other inert wastes. This approach is in accordance with the Public Consultation of the Draft Minerals Subject Plan which recommends the use of secondary aggregates. The projection of inert waste arisings indicates that there is scope for greater use of recycled inert materials such as aggregates There is a particular need to manage those parts of the development process which generate large amounts of spoil. Natural spoil from construction projects can have beneficial uses both within the development scheme and in the restoration and reclamation of derelict sites and landfill facilities. Policy SWM9 Applications for new waste management facilities should, where appropriate, include proposals for recycling of natural spoil and construction wastes for reuse as secondary aggregate or as material for landscaping or restoration. 51

54 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued Where the need for temporary facilities is identified at the point of waste generation, proposals must satisfy the requirements for protection of local amenities and the environment. Policy SWM10 The Planning Authority will support proposals for temporary facilities on demolition and construction sites for the recovery, separation and where appropriate processing of waste materials generated by the on-site demolition or construction works provided that: (i) no waste materials are to be imported to the facilities at the site from elsewhere unless prior written authorisation is obtained from the Planning Authority and the Environment Protection Department; (ii) the proposal will not give rise to unacceptable impact on local communities or the environment; and (iii) the facilities are removed on completion of the demolition or construction project. Recycling Industrial and Commercial Waste 6.15 For certain industrial and commercial waste, recycling plants may be appropriate at the premises where the waste is produced. Allowing facilities at the point of waste generation would reduce the need to transport waste to recycling facilities elsewhere. However, any proposal for recycling at premises where the waste is produced will have to satisfy the requirements of other policies of this Plan regarding impacts on local communities and protection of the environment. Policy WSM11 The Planning Authority will support proposals for the recycling of industrial and commercial waste at the premises where the waste is produced provided that: (i) (ii) no waste materials are to be imported to the facilities at the site from elsewhere unless by prior written authorisation from the Planning Authority and the Environment Protection Department; and the proposal will not give rise to unacceptable impact on local communities or the environment. 52

55 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued 6 Recycling Household Waste 6.16 A number of small pilot household recycling facilities consisting of drop-off centres are already in operation on Malta. It is an objective of the Planning Authority to see these schemes expanded to cover more of the population of the Islands and to encourage the development of larger household waste recycling centres which would offer collection points for a wider range of household wastes. To enable this expansion and development to be achieved, it is probable that additional land will need to be released during the Plan period, at existing recycling centres and for new facilities. Policy SWM12 The Planning Authority will support proposals for new household waste and recycling facilities including small drop-off centres known as bring sites and larger household waste recycling centres provided that: (i) (ii) the proposal is suitably located in relation to the existing network of sites; the proposal will not give rise to unacceptable impact on local communities or the environment. Waste Transfer Stations 6.17 The objective of a waste transfer station is to reduce the total number of vehicle movements associated with the transportation of waste to the final disposal site. This is achieved through the central storage of certain wastes and bulking up of wastes prior to the onward transfer of wastes, often in larger vehicles, for treatment or disposal. On account of the size and volumes of wastes generated by the Maltese Islands the most likely location for such a facility is on the island of Gozo There is no reason, however, why transfer stations should not be considered acceptable forms of development in an industrial type area, providing operations dealing with putrescible wastes are fully enclosed. The buildings used should be developed to conform with on-site and adjacent land uses, and the design standards of the Planning Authority for this type of development. Policy SWM13 The Planning Authority will support proposals for a waste transfer facility in a central location on Gozo and at other locations on Malta provided that: (i) the proposal is suitably located within an existing industrial site, or on land which is permitted or allocated for industrial or similarly related development, or an area of land which has already been disturbed by development; 53

56 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued 6 (ii) the proposal is suitably located in relation to the existing network of treatment and disposal sites and to the areas of the wastes arisings, and (iii) the proposal will not give rise to unacceptable impact on local communities or the environment. Safeguarding of Recycling and Transfer Facilities 6.19 It can be difficult to find acceptable sites for waste recycling, reuse, storage, transfer or processing. It is therefore essential for the Planning Authority to safeguard existing facilities, together with land which has been permitted for such a use and preferred sites identified in Local Plans, in order to prevent development which would prejudice their use for waste management purposes. If these sites are not safeguarded the success of the strategy for an integrated approach to waste management will be prejudiced. Policy SWM14 There will be a presumption against development proposa ls which would adversely affect established or permitted sites used for waste recycling, reuse, storage, transfer or processing. This presumption also applies to sites that have been identified as suitable in principle for future waste activities. Policy SWM15 Where appropriate the Planning Authority will seek to encourage provision of facilities to enable the separate collection of oil and other special wastes and to provide for the separation of these wastes in appropriate containers at bring sites. Waste Treatment Techniques 6.20 In supporting the hierarchy of waste management in Policy SWM1, the Planning Authority considers that, wherever possible, waste which is not recycled should be disposed of by a means which enables the recovery of energy or reduces the quantity or hazardous nature of waste having to be landfilled. Composting 6.21 Composting can be an important means of securing reuse of the organic element of municipal waste. The humus produced has the potential for use as a soil improver and / or growing medium, whilst lower grade composting material has the potential to be used in landscaping and land restoration. The Planning Authority therefore, in principle, continues to support the development of this waste treatment option. 54

57 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued The San Antnin plant on Malta has the potential to deal with 50,000 tonnes per annum of the Island s organic wastes. The Planning Authority supports the continued use of this facility, providing the Authority is satisfied that the environmental amenity issues related to its operation have been mitigated Home composting is also attractive because it represents something that householders can do towards sustainable development. Furthermore, there is no requirement to find markets and it eliminates the impacts associated with transportation. The Planning Authority therefore supports the introduction and encouragement of household and garden waste composting schemes at the household level, particularly in rural areas and for urban households with gardens. Policy SWM16 The Planning Authority will support development proposals for composting schemes provided that the proposal will not give rise to unacceptable impact on local communities or the environment. Thermal Treatment 6.24 This waste management option involves the combustion of waste as a renewable energy resource for the production of electricity and / or heat in the form of a district heating system. The processes involved may include technologies such as the mass burn technique or the fluidised bed technique The public perception of waste combustion within the Maltese Islands is poor. However, the Planning Authority recognises that modern thermal treatment plants incorporate high levels of pollution abatement controls. Consequently, any proposals for new thermal treatment plants or combined heat and power plants will be subject to critical review by the Planning Authority, the Environment Protection Department and other interested agencies. To enable full consideration of the issues, the Planning Authority will require any development permit application for such facilities to be accompanied by a formal Environmental Impact Statement, such a statement should consider in particular the potential human health affects Specific proposals for thermal treatment will be considered on their individual merits and for their compatibility with relevant government policy. However, in including such policies, the Planning Authority recognises the potential role which this option may play in the future mix of waste management solutions on the Maltese Islands. Policy SWM17 The Planning Authority will consider development proposals for thermal treatment plants with energy recovery, provided that: 55

58 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued 6 (i) (ii) (iii) (iv) (v) the proposed site is located within an established industrial area or within an area which is permitted or allocated for industrial development, or is a site that has already been disturbed by development; the highway network and site access can accommodate the traffic generated; the proposal will not give rise to unacceptable impact on local communities or the environment due to noise, dust, odour, visual impact, or adverse health affects; the proposal would deal with ash residues as an integral part of the operation; and airborne emissions will be controlled according to recognised air quality standards. Policy SWM18 Proposals for the thermal treatment of special wastes will be considered by the Planning Authority providing that it can be demonstrated that thermal treatment is the appropriate environmental option for the particular waste stream. In considering the most appropriate environmental option the Planning Authority will consider the waste management option that provides the most benefits or the least damage to the environment, in the long term as well as in the short term. Anaerobic Digestion 6.27 Anaerobic digestion is a bio-degradable process carried out by bacteria which requires warm, oxygen free conditions. The process breaks down organic materials to produce an inflammable gas, typically 65% methane and 35% carbon dioxide, liquid residues and a relatively stable solid waste. Anaerobic digestion is recognised as a potential solution for the treatment of organic municipal solid waste, food processing wastes, sewage sludge and agricultural waste streams. The waste streams required for this process are similar to those utilised at the San Antnin composting facility. However, this process typically produces relatively high residues that require landfill disposal, if alternative applications cannot be identified. Consequently, although the Planning Authority in principle supports this waste management option, in considering proposals for these facilities regard will be given to the availability of suitable waste arisings and associated final disposal facilities. Policy SWM19 The Planning Authority will support proposals for anaerobic digestion plants provided that: (i) the proposal has a secured source of suitable waste arisings; 56

59 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued 6 (ii) (iii) (iv) the proposal site is located within an area which is permitted or allocated for industrial development, or is a site that has already been disturbed by permanent development, or is within or adjacent to an existing waste management facility; the proposal will not give rise to unacceptable impact on local communities or the environment; and the proposal would deal with residues as an integral part of the operation. Landfilling and Landraising 6.28 The management of all inert and non-inert waste arisings requiring disposal is currently undertaken by landfilling and landraising. The current management and operational standards of the existing landfill / landraising facilities is not considered adequate. Consequently, replacement engineered voidspace will be required during this Plan period The implementation of strategies to reduce reliance on landfill will require time to be planned and implemented. Additional landfill capacity will be required regardless of whether other waste treatment options are developed. The choice of location for strategic new facilities is restricted within the Maltese Islands by environmental constraints, as indicated in Chapter 3 and by the criteria listed in Appendix I Studies have been undertaken by the Planning Authority (February 1997 and September 1997) to identify suitable sites on Gozo and Malta. Potential locations were identified though this process and these are shown on the Key Diagram. It was anticipated that further site investigations and detailed assessment would be required to establish the overall suitability of the preferred site The conclusion of the studies undertaken to date suggest that the favoured approach is for the development of a single new landfill facility at L-Ghallis ta Gewwa. This would accept wastes from all the Islands. It is anticipated that no new landfill facilities will be developed on Gozo or Comino Chapter 4 identifies the current and potential future waste arisings requiring disposal in the Maltese Islands. This assessment identifies the large quantities of inert waste requiring disposal. The potential pollution issues related to the disposal of non-inert wastes are much greater than those associated with inert wastes. Consequently, noninert wastes require to be disposed in voidspace that has been specifically engineered for this purpose. Voidspace intended for the disposal of non-inert and special waste streams must therefore be reserved for this purpose In certain circumstances landfilling can provide benefits by reclaiming derelict land or creating new land uses of benefit to the public or the wider environment. Waste disposal has long been associated with mineral workings in order to provide beneficial restoration. However, it is recognised that many mineral workings within the Maltese Islands, in particular on sensitive limestone aquifers, are not geologically suitable for the disposal of 57

60 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued 6 biodegradable wastes. Technical guidance contained in the UK s Waste Management Paper 26B indicates that disposal of waste by landraising can have environmental benefits in the form of better control of environmentally damaging processes such as leachate formation, groundwater pollution and gas control. Where there is a need for additional landfill capacity, this may be preferable to permitting the infilling of mineral extraction voids where suitable materials are not available or where there is a high risk of damage to water resources or other features of acknowledged importance. Policy SWM20 The Planning Authority will consider proposals for the development of additional landfill capacity for inert and non-hazardous wastes at the following locations: (a) (b) (c) (d) extensions or modifications to existing operational landfill sites; small scale sites where the benefits of the scheme outweigh any adverse impacts that the development is likely to cause; former mineral workings or derelict sites that cannot be satisfactorily reclaimed in any other way; strategic new landfilling locations which accord with the site selection criteria provided in this Plan; provided that: (i) (ii) (iii) (iv) (v) it can be demonstrated that there is a need for the development and the waste could not be practically disposed of in any other way; the proposal would not create an unacceptable increase in traffic impact or perpetuate existing unacceptable traffic impacts; the proposal will not give rise to unacceptable impacts on local communities or the environment; the proposal includes restoration and aftercare obligations; and it is supported by an Environmental Impact Assessment which satisfies the requirements of the Planning Authority and the Environment Protection Department. Policy SWM21 Subject to the findings of an Environmental Impact Assessment and the provisions of this Plan s policies, there will be a presumption in favour of the development of a new landfill facility, for the disposal of non-hazardous, and special and hazardous wastes (excluding inert wastes), at L-Ghallis ta Gewwa. 58

61 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued Landraising has the potential for the introduction of highly visible and noisy operations into the countryside, and can involve the development of previously undeveloped land for waste disposal. Special consideration of such proposals, in addition to those policies that apply to other landfilling proposals (SWM20 and SWM21), is necessary. Policy SWM22 Proposals for the disposal of waste by landraising will be considered having regard to the following criteria: (i) (ii) (iii) (v) (vi) (v) (vi) it can be demonstrated that there is a need for the development and the waste cannot be practicably disposed of in any other way; the benefits of the proposal outweigh any adverse environmental impacts which it is likely to cause; the impact of the operations on the amenities of the area, including the visual impact and disturbance caused by noise and operation of plant; the intended operational life of the site; the proposal include restoration and aftercare obligations; the scale and visual impact of the permanent changes to the local landscape (proposals for landraising will be discouraged in Areas of High Landscape Value); and the scope for improvements to the landscape or screening of the waste or other developments. Disposal at Sea 6.35 A limited amount of inert construction waste is currently disposed of at sea in an official dumpsite. Nevertheless it is considered to have significant potential for marine pollution. It is, therefore, the Planning Authority s view that dumping at sea should be avoided as much as practicably possible Disposal at sea should be considered as an option of last resort and should only be considered when all other land based disposal options have been discounted. Under special circumstances disposal of certain controlled inert wastes may be appropriate for example as part of coastal reclamation or construction projects and where it can be demonstrated that adverse environmental impacts will not occur. The identification of sites for such projects, including land reclamation schemes, should be guided by the provisions set out in policy SWM 24 and other appropriate policies of the Structure Plan and be subject to an Environmental Impact Assessment process On-going disposal at the official dumpsite will require improved regulation and assessment. All dump sites need to establish environmental monitoring programmes. Monitoring of environmental parameters should include regular sampling both on the 59

62 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued 6 location of the dumpsite as well as in established control stations in the vicinity of the dumpsite (for comparative purposes). All disposal operations at sea are bound by obligations set out in international agreements such as the Barcelona Convention and the London Dumping Protocol The only wastes that could be considered for dumping-at-sea are inert wastes originating from construction and demolition activities. This category specifically excludes the dumping of Municipal Solid Waste and waste originating from industrial and/or commercial activities (other than inert waste). Inert wastes that have been contaminated with other types of waste cannot be considered suitable for dumping-at-sea, unless pretreated and rendered completely inert Policy SWM23 There is a presumption against the disposal of wastes at sea. Disposal of inert wastes would only be permitted at an official dumpsite if the proposal meets the following criteria: (i) (ii) (iii) The proposal needs to demonstrate that land-based disposal alternatives have been discounted and that disposal at sea is the Best Practicable Environmental Option (BPEO); Only uncontaminated inert waste originating from construction and demolition activities shall be acceptable for dumping-at-sea; Disposal of waste at sea will only be allowed in dumping sites, whether new or existing, that have an environmental monitoring programme in place and established control stations in the vicinity. Policy SWM24 Proposals for new dumpsites will need to demonstrate (through an EIA process) that marine ecosystems and features of acknowledged importance would not be adversely affected. In particular disposal at sea will not be permitted in the following areas: Where disposal would have an adverse impact on existing legitimate uses and activities, such as fish farms, bunkering sites and other maritime activities; Fisheries grounds of economic significance; Breeding, nursery or feeding grounds for species of economic/ecological significance; Marine Conservation Areas; Bathing areas or upstream of bathing areas; 60

63 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued 6 Areas containing meadows of the sea-grass Posidonia oceanica; On or close to reefs; In large shallow inlets and bays; Important marine archaeological sites; Other areas that have habitats that require the designation of Special Areas of Conservation as listed in Annex 1 of the Habitats Directive 92/43/EEC; In areas where material is likely to be carried towards sensitive sites (as listed above) along the shore. The only environmental impacts that will be acceptable are those caused by the physical effects of the dumped material. These physical effects include localised habitat change due to cover by dumped material. Assessment of any proposals for dumping waste at sea should include an extensive assessment of the land based impacts that would arise from vehicles transferring waste to the transportation vessels and also from the construction of transfer facilities on quays. Scrap Yards 6.39 There are a number of scrap yards located on the Islands situated in both urban and rural locations. In addition to authorised scrap yards there also exist a number of unauthorised operations that are associated with issues including contamination of land and water supplies, and visual intrusion and noise disturbance Scrap yards have a role to play in waste management in that they provide an outlet for materials to be recovered for reuse and recycling. However their potential for being highly visible and noisy operations require that proposals for future sites are given appropriate consideration in order that potential negative impacts are minimised and to ensure appropriate siting. Policy SWM25 There is a presumption against the development of new scrap yards within the countryside. Proposa ls for the development of new scrap yards will be considered having regard to the following criteria: (i) (ii) it can be demonstrated that there is a need for the development and the waste cannot be practicably disposed of in any other way; the benefits of the proposal outweigh any adverse environmental impacts which it is likely to cause; 61

64 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued 6 (iii) (iv) (v) (vi) (vii) (viii) the impact of the operations on the amenities of the area, including the visual impact and potential disturbance caused by the operation of mechanical plant; the intended operational life of the site; the site is not within a scheduled, designated or protected area including: Areas of Ecological Importance, Sites of Special Scientific Interest, Areas of Archaeological Importance, Areas of High Landscape Value, Protected Landscape, Scheduled Trees or Nature Reserves; and the proposed site is located within an established industrial area or within an area which is permitted or allocated for industrial development, or is a site that has already been disturbed by development; the highway network and site access can accommodate the traffic generated; details of the proposed location are submitted to and approved by the Water Services Corporation and Environment Protection Department; and (ix) the height of any scrap materials on site shall not exceed a height of 10 metres above surrounding ground levels. Sewage Sludge 6.41 The plans for the San Antnin composting plant include the co-digestion of sewage sludge from the adjacent sewage treatment works with municipal waste(s). The Planning Authority supports this proposal and, in principle, other proposals for the coincineration or co-digestion of sewage sludge with municipal wastes, provided that these are in accordance with other policies in this Plan. Policy SWM26 Priority will be given for the combined treatment of sewage sludge and other wastes provided that the proposal will not give rise to unacceptable impact on local communities and the environment. Special and Hazardous Wastes 6.42 The annual production of special and healthcare wastes is relatively small and much of this waste is currently treated and/or disposed of in an unsatisfactory manner. The Maltese Islands generate relatively small quantities of special wastes and hazardous wastes the disposal of which can/have significant environmental and land use implications. In addition to healthcare wastes other sources of special waste include: port wastes; 62

65 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued 6 airport wastes; and abattoir wastes Apart from landfill and incineration, other methods of dealing with these wastes need to be considered which suit the local circumstances. The Environmental Impact Assessment Regulations require an Environmental Impact Statement to be prepared for any proposal to deposit chemical and oily wastes. Policy SWM27 There will be a presumption against proposals that involve the landfilling of special and hazardous wastes unless it can be demonstrated that: (i) (ii) (iii) there is a need for the development and the waste cannot be practicably disposed of in any other way; the benefits of the proposal outweigh any adverse environmental impacts which it is likely to cause; wastes are deposited in a separate area from non hazardous wastes using appropriate containment techniques. Port Wastes 6.44 These wastes include dry and oily wastes off-loaded from ships visiting Malta, port side generated wastes and dry dock wastes. Port side wastes are taken by private contractors to the public landfill. The Planning Authority would in principle support the co-ordination of the collection and transfer of these wastes to minimise total waste vehicle movements A significant proportion of the solid port side and dry dock wastes are packaging materials. In accordance with the waste hierarchy, the Planning Authority would support the increased segregation and recovery or reuse of these wastes. Airport Wastes 6.46 In accordance with statutory legislation aircraft waste, consisting of waste food and aircraft rubbish, is currently disposed of through open burning within the perimeter of the airport. Wet food wastes do not achieve full combustion under the current waste management arrangements and as such it is unlikely that the legislative requirements are being satisfied. Accordingly the Planning Authority will support in principle proposals to review and improve the current management of aircraft wastes. Policy SWM28 63

66 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued 6 The Planning Authority will support proposals for the development of alternative waste management and transfer facilities for port and airport wastes provided that: (i) the proposal would not be unduly obtrusive in the landscape; (ii) the proposal would not be a risk to air traffic; (iii) the proposal will not give rise to unacceptable impact on local communities or the environment due to noise, dust, odour or visual impact. Abattoir Wastes 6.47 Apart from infected carcasses, which are incinerated on-site, all solid wastes generated at the abattoirs on Malta and Gozo are disposed of at the public landfill sites. Prior to collection and disposal, these wastes for landfilling are stored in the open causing environmental nuisance impacts, including visual and odour issues. In consequence, the Planning Authority supports improvements to the existing storage arrangements and disposal practices related to these wastes The existing incinerator at the abattoir on Malta is infrequently used due to its outdated and inefficient technology. The Planning Authority therefore supports the provision of a replacement on-site facility provided that it is in accordance with the other policies contained within this Plan. Healthcare Wastes 6.49 Healthcare wastes include human tissue, blood, drugs, swabs and syringes as well as non-special items such as newspapers and dead flowers. On the islands, healthcare wastes are disposed of through incineration and / or via landfilling The existing combustion units, especially at St Luke s and Boffa, are old and inefficient. They almost certainly fail to reach sufficient temperatures to properly reduce the toxicity of the emissions and ash produced. In consequence, alternative disposal options, including microwaving, pyrolysis, incineration and dedicated disposal, should be considered to deal with the healthcare wastes produced on the Islands It is likely therefore that healthcare and similar types of waste will need to be treated in a new heat/thermal treatment facility. Residues from this process should be disposed of to a suitably contained landfill. 64

67 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Strategic Waste Management Policies continued 6 Policy SWM29 The Planning Authority will in principle support the development of new or replacement facilities to store or process abattoir and healthcare wastes provided that the proposal will not give rise to unacceptable impact on local communities or the environment 65

68 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Development Control and Environmental Policies 7 Introduction 7.1 The policies in this chapter set out the overall framework for guiding planning applications for waste management facilities. These policies have regard to the land use implications of such facilities and general development control issues that should be applied. Particular reference is made to the content of applications and information that should be provided to the Planning Authority. Planning Applications 7.2 Waste management facilities have the potential to create significant impacts on the natural and human environment within the Maltese Islands, and to affect interests of acknowledged importance. It is therefore essential that there is clear guidance and information available to developers on the content of development permit applications and on best and appropriate practice, and a firm policy basis against which the Planning Authority can judge the merits of proposals. 7.3 Guidance to assist developers, in both the public and private sectors, in making development permit applications is incorporated into Appendices G and H of this Plan. This has been drawn both from the Planning Authority s own experience and European best practice in preparing and processing applications for a wide range of waste management facilities. The guidance reflects the emphasis placed upon environmental protection by this Plan. The guidance is necessary to ensure that development permit applications submitted to the Planning Authority are accompanied by appropriate information to enable an informed decision to be made. Failure to provide the required information is likely to result in a delay in processing the application pending requests for further details, and may lead to a refusal of permission for the development permit. 7.4 For types of development which fall within the Environmental Impact Assessment Guidelines, for which an Environmental Impact Statement (EIS) or an Environmental Planning Statement (EPS) is required, a developer will be required to submit the appropriate statement with the development permit application. For all other types of waste management facilities, developers will need to present information showing that they have fully assessed the environmental implications of the proposed development. Policy WDC1 Applications for waste management facilities should be completed in accordance with guidance contained in Appendix G. An environmental impact assessment will be required for all proposals that are likely to have significantly adverse environmental impacts. The environmental impact assessment will include details of measures to mitigate such impacts. 66

69 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Development Control and Environmental Policies continued In line with the Structure Plan Policy BEN 7, and taking into account the roles of many other parties with responsibilities for waste management, this Plan stresses the value of pre-application consultations between the developer, the Planning Authority and other statutory bodies, in particular the Environment Protection Department and the Waste Management Implementation Unit. 7.6 It is also appropriate for the Planning Authority to encourage best practice with regard to the management and operation of waste management facilities. This can be most effectively achieved through close liaison between the operators, the Planning Authority and interested third parties such as site neighbours. Policy WDC2 Proposals for Waste Management Facilities will be required to include details of self-regulation, including monitoring of condition compliance to be carried out by the operator that facilitate the independent auditing of their effectiveness by the Planning Authority. 7.7 The Planning Authority may encourage operators to set up local liaison committees as a means of providing forums for the local community and operators of Waste Management Facilities to discuss and resolve concerns and issues which may arise throughout the life of developments. Buffer Zones 7.8 Waste development can be incompatible with many forms of built development, such as housing, schools, hospitals and the food industry, when the two types of development are too close to one another. In such circumstances, the provision of a tract of land, known as a buffer zone, between the two uses can prevent one form of development prejudicing the other. 7.9 One function of a buffer zone is to prevent waste development being established too close to a sensitive use. This minimises the potential for the facility to have an adverse environmental effect on the adjoining uses. A further function of the buffer zone is to prevent new uses of a sensitive nature being established too close to waste development. Not only might land on which the facility could be extended be lost, but also future users might press to have additional restraints placed on the operation due to alleged losses in amenity Consideration has been given to defining specific buffer zones around waste developments, but this has been considered unrealistic as no two sites are the same. This applies especially to differing topographical and physical characteristics around sites. Consequently, a more generalist approach is favoured. The Environmental Impact 67

70 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Development Control and Environmental Policies continued 7 Assessment Guidelines, for example, identifies a buffer zone of 200 metres between residential dwellings and non-hazardous waste disposal facilities The Planning Authority will judge each case on its merits at the development permit application stage. This will be done through the consideration of all relevant environmental and land use implications on each development proposal. Policy WDC3 In permitting proposals for new waste management or disposal facilities, the Planning Authority will have regard to the requirement for a buffer zone to be established between the waste development and neighbouring existing or proposed sensitive uses. The Planning Authority will resist the granting of planning permission or other approval for sensitive land uses or other activities which could be adversely affected by or prejudice existing and permitted waste activities. Protection of the Environment 7.12 Waste management facilities have the potential to cause adverse environmental effects, these can vary according to the type and scale of the development. Common to most is the effect on the highway network of increased traffic movements. Key factors may also include the protection of water resources, potential impacts on ecology, landscape and cultural heritage, emissions to air, impacts on living conditions and visual issues. In the case of landfill and landraising there may be the additional effects from leachate and landfill gas The Maltese Islands contain a number of areas of acknowledged importance designated for their landscape, wildlife, agricultural, archaeological and historical conservation value. It is essential to the character and amenity value of the Islands that inappropriate development is controlled in these areas. High priority is also placed on the development of tourism, generation of employment and the attraction of new industry and these activities should not be adversely affected by waste developments. 68

71 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Development Control and Environmental Policies continued 7 Transport 7.14 Waste can rarely be disposed of where it arises. Consequently it has to be transported to appropriate waste treatment and / or disposal facilities. Some of the movements, for example from Gozo to Malta, may involve transfer stations at which waste is bulked up. This has the effect of reducing overall waste movements. The movement of waste by road, can have a significant environmental impact on a local area. In consequence, it is important that the existing transportation network and access to the proposed facility is appropriate Mud and debris deposited on the public highway are unsightly and can cause a traffic hazard. For this reason, operations must be carried out in such a way as to ensure that vehicles only leave the site after any such potentially loose material has been removed from them. Water Resources 7.16 Much of the water supply in the Maltese Islands is derived from potable groundwater associated with the limestone aquifers in the Islands. These essential groundwater resources are susceptible to pollution from waste management activities and once contamination occurs they are difficult and expensive to remedy. Coastal waters can also be affected by pollution and should be protected The Planning Authority will consult with the Water Services Corporation on all waste management proposals potentially affecting water resources. Coastal Erosion and Flooding 7.18 Erosion constitutes a significant physical threat to the environment of the Maltese Islands. In common with most other forms of development, waste management facilities should not be located in areas that are susceptible to coastal erosion. This is of particular importance on account of the long-term nature of disposal facilities such as landfills, which can remain a source of pollution for years following the cessation of tipping. Marine Environment 7.19 The marine environment is extremely sensitive to pollution. Pollutants introduced to the sea have the potential to move laterally and vertically throughout the water column and will be influenced by currents and tidal flows. The benthic environment of the seabed is also sensitive to pollution. Marine ecosystems can be adversely affected by increases in suspended solids and water turbidity in addition to polluting chemicals. 69

72 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Development Control and Environmental Policies continued No non-inert materials should be disposed of at sea and disposal of inert wastes in official dumpsites should be very tightly controlled. All proposals for disposal of inert wastes at sea will need to demonstrate that the marine environment will not be adversely affected either directly or indirectly. Development proposals will be subject to the normal permitting and environmental impact assessment requirements. Disposal at sea is seen as a last resort option for Malta that should only be considered for a limited range of inert wastes if all options for land-based disposal have been exhausted. Relevant guidance on the disposal of waste at sea is provided in policies SWM 23 and SWM 24. Special Landscapes 7.21 Broad areas of the Maltese Islands constitute landscapes of special value and importance. The adopted Structure Plan proposes the designation of Areas of High Landscape Value, which are to be designated through the Local Plans The primary objective of this designation is the protection of their special and distinctive landscape qualities. The policies and development control decisions will favour conservation and enhancement of the landscape of these areas. In all cases, the environmental effects of new proposals will be a major consideration Landscape features which contribute to the particular quality and characteristics of the environment include historic landscape, stone walls and panoramic viewpoints. It is essential that there is a strong presumption favouring their retention. When any losses due to development are unavoidable, replacement features should be provided and managed so to avoid any net environmental loss. Special Wildlife Habitats and Geological Features 7.24 Throughout the Maltese Islands there are numerous sites of wildlife and scientific importance that merit protection through the development plan process and protection through scheduling. The conservation status of these sites differs as does the statutory protection afforded to them, depending upon the extent and type of resource present The coastal areas of the Maltese Islands, including dune and saline marshland habitats are particularly important in terms of the habitat type and flora and fauna which they support. In addition, certain plants and animals are protected by legislation and, as such, any proposals for waste management facilities must have particular regard to these species All designated sites should be safeguarded from inappropriate development. Particular protection will be given to recognised sites of international and national importance Any proposals affecting statutory designated areas must be the subject of a rigorous examination, where it will be necessary to show that the effects of the development have 70

73 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Development Control and Environmental Policies continued 7 been fully considered prior to the submission of the application. Similarly, proposals that affect other sites of known wildlife or scientific importance will be examined in the light of the quality of the nature conservation interest and the balance between this and the need for the development. Such development will normally be subject to an Environmental Impact Assessment Where development likely to affect such sites is permitted, it must be restricted so as to minimise adverse effects on the environment and must include appropriate mitigation and management measures. Agricultural Land 7.29 The adoption of the Soil Preservation Act and the designation of Areas of Agricultural Value reflects the status of good quality agricultural land as a nationally important resource. Consequently, development on the best and most versatile agricultural land, including irrigated land, will not normally be permitted. In considering the appropriateness of waste developments (namely landfill or landraising) on other agricultural land, consideration needs to be given to the extent to which full restoration of agricultural quality can be achieved once the waste disposal operation has been completed. It is also important in considering proposals for waste related developments to take account of the degree of severance or disruption that may be caused to viable farm units. Archaeology and Sites of Historic or Archaeological Interest 7.30 The desirability of protecting both ancient monuments and other sites of archaeological importance is a material planning consideration. The immediate surroundings and setting of archaeological remains often enhance their value. Therefore, when considering development proposals on or near such remains, the setting of archaeological remains as well as the remains themselves should be taken into account The value, variety and vulnerability of the Islands archaeological heritage justifies a very strong presumption against harmful development where sites or areas have been identified as having national archaeological potential. Other important sites should, as far as possible, be safeguarded from development that would cause them significant harm. In all cases, the onus should be on the developer to demonstrate that the grounds for the proposed development outweigh the archaeological value of the site At many sites there may be no known, or little potential archaeological interest. Even so, it is an important planning objective to ensure that any archaeological evidence is not destroyed without the opportunity being provided for it to be recorded. Consequently, operators may be required to afford a watching brief and if necessary make available to archaeologists facilities to record any finds, whilst critical earth moving operations are taking place. 71

74 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Development Control and Environmental Policies continued Wherever possible, the impact of development proposals should be examined before development permit applications are determined in order to allow an informed decision to be taken on the future treatment of any archaeological remains. If sites merit permanent preservation, options for mitigation and management should be explored with the developer in order to minimise the impact. The preferred option in such cases will usually be preservation in situ If sites do not merit permanent preservation or if preservation in situ is not possible, provision should be made for an appropriate level of investigation and recording both before and during the development process In the case of Listed Buildings and Conservation Areas, the Planning Authority will ensure that any proposal for waste development is carried out in such a way that it minimises any potential adverse effects on these features. Policy WDC4 Proposals for waste management facilities will not be permitted unless it can be demonstrated that: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) there is a proven need for the development; the proposed site is located close to and has adequate access to the strategic road network, and that the local road network or other proposed transport facilities can accommodate the anticipated traffic; the proposed siting, design and landscaping of the development are of the highest practicable standard and are appropriate to the location of the proposa l; the engineering design of the development is technically feasible and accords with current best practice; the development includes adequate measures to minimise visual and other amenity impacts; the development includes adequate measures to ensure that there would be no significant risk of pollution or danger to public health or safety, including the effects on water and air quality; where appropriate, adequate provision is made for the restoration, aftercare and management of the development to an agreed and suitable afteruse; there would not be adverse cumulative environmental effects, having regard to other similar developments which are either taking place or permitted to take place in the area. 72

75 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Development Control and Environmental Policies continued 7 Policy WDC5 Proposals for waste management facilities will not be permitted if they would cause adverse environmental impacts in the following areas: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) sites where there would be a significantly harmful effect on the quality of or potential yield from groundwater resources; Sites of Scientific Interest, National Parks and Areas of Ecological Importance (Pursuant to Structure Plan Policies RCO10, RCO11, RCO12); Areas of Agricultural Value, including the best and most versatile agricultural land and irrigated land, (Pursuant to Structure Plan Policy RCO7); Areas of High Landscape Value/Scenic Value (Pursuant to Structure Plan Policies RCO1 and RCO4); Urban and Marine Conservation Areas (Pursuant to Structure Plan Policies UCO6 and MCO1); Areas, sites or buildings of archaeological or historic importance including their setting (Pursuant to Structure Plan Policy ARC3); Areas at risk from flooding or erosion; Other areas designated for protection in Local Plans including scheduled areas. In addition, proposals outside the above areas will not be permitted if they are shown to have a significant adverse environmental impact on such areas. Protection of Mineral Resources 7.36 There are strong links between mineral extraction and waste disposal, with waste disposal being used to infill and restore the voids left following mineral extraction. In the future, opportunities are likely to continue to exist for landfilling at mineral sites to bring the land back into an acceptable after use. However, increasingly, there are indications that mineral sites are not necessarily the most favoured locations for waste disposal. The shape of the final void may not lend itself to the development of an engineered landfill, or the presence of sensitive receptors may make the site unacceptable in land use terms. It should not therefore be presumed that the existence of a former mineral working void gives any presumption in favour of landfilling. Criteria for the selection of new sites for waste developments are provided in Appendix I At sites where permitted mineral reserves still remain, the Planning Authority will resist the sterilisation of such reserves unless it can be satisfied that there is a justifiable case why the reserves should no longer be worked. Landfill will continue to have a role in the restoration of mineral workings, which in planning terms would also benefit from being returned as near as possible to original ground levels. 73

76 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Development Control and Environmental Policies continued 7 Policy WDC6 Where mineral reserves remain in a site proposed for waste management facilities, permission will not be granted for the waste development unless it can be demonstrated that there is no existing or future need for the mineral or unless the mineral is extracted prior to waste disposal. Landscaping, Restoration and Aftercare 7.38 The Planning Authority is fully committed to achieving high standards of landscaping and restoration. Waste management facilities inevitably have a visual impact. Accordingly the Planning Authority will require developers to undertake actions to ensure that an operation intrudes as little as possible into its surroundings Landscaping has two important planning objectives. Firstly, to screen operations from outside views and from nearby users, particularly residential dwellings. Secondly, to assist integration of the site into its surroundings With respect to restoration, where possible, operators will be required to follow a rolling programme of restoration, by tipping in phases and completing their restoration in sequence. On completion of restoration, the land must be left in a state capable of sustaining an acceptable after use. To ensure this happens, operators will be required to properly manage the land for a period of 5 years where the site is to be used for agriculture, forestry or amenity use. This will include the requirement to provide adequate financial security in the form of a bank guarantee or similar financial security provi sion (e.g. bond) to be agreed with the Planning Authority prior to the granting of a planning permit. Policy WDC7 The Planning Authority will require applications for waste disposal to be accompanied by proposals for high quality restoration and landscaping of the site within a reasonable timescale. Normally, this will be for agriculture, forestry, nature conservation or amenity/recreation, but the Planning Authority will support other beneficial uses that accord with the policies of the Waste Management Subject Plan. Policy WDC8 A scheme of aftercare, for a period of 5 years following restoration, will be required for waste disposal sites that are restored for agriculture, forestry or amenity use. 74

77 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Development Control and Environmental Policies continued 7 Luqa Airport 7.41 Malta International Airport (MIA) is an important part of the transport infrastructure for the region providing a valuable facility for passengers and freight. The Structure Plan supports the continued expansion of the Airport Landfill and landraising can attract scavenging birds, which could pose a threat to aircraft. It is therefore essential for the Department of Civil Aviation to be consulted on any such proposals in the vicinity of the Airport and for such development to be refused where it would constitute a threat to safety. Policy WDC9 Proposals for waste management facilities will not be permitted in the development constraint area around the Malta International Airport shown on the Key Diagram. Enforcement 7.43 Careful planning of waste treatment and disposal needs to be backed by application of the powers enabling waste activities to be brought within planning controls. Otherwise the value of the planning will be much reduced, and the environment and amenity interests will suffer Where planning permits currently exist or are granted for waste management facilities, there is a need for the planning conditions to be complied with and therefore monitored. Where problems of nuisance are identified, the Planning Authority will endeavour to address these speedily, where appropriate in consultation with the Environment Protection Department and Waste Implementation Unit These principles can be extended to ensure that measures will also be taken by the Planning Authority to prevent the abandonment, dumping or uncontrolled disposal of waste. 75

78 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Implementation, Monitoring and Review 8 Monitoring of Provisions 8.1 In recognition of the parallel development of the national Solid Waste Management Strategy and the poor status of current waste management data, this Plan has not attempted to define precise locations for the siting of new facilities. Potential locations identified by the Planning Authority are shown on the Key Diagram. This Plan has assessed the overall needs within the Maltese Islands as a whole and established the principles for determining appropriate waste management options and the siting of new facilities. There will be a need to review these provisions at the local level to determine precise requirements and responses to development permit applications on a site-specific basis. 8.2 A detailed review of waste arisings incorporating a monitoring exercise with respect to facilities for the management of waste will be required to ensure that new proposals will be considered on the basis of the most up to date information. The continued generation of more regular and reliable waste statistics throughout this Plan period is important to help monitor the progress in implementing the Waste Management Subject Plan. This information will assist in assessing the need, in land use terms, to release further sites for the various waste management options, and for reviewing the requirements with respect to the types and capacity of facilities needed to advance the Waste Management Subject Plan. Data sources used to assist the monitoring process will include: population projections; economic projections; the location of new development; development permit applications and permissions; additions or alterations to international or national designations, including Sites of Scientific Interest etc; extent to which waste minimisation and reduction are being achieved; contribution being made by waste treatment facilities; residual volumes of waste being disposed of to landfill; the engineered and non-engineered void space capacity within licensed landfill sites. 8.3 It is also desirable to monitor and update the current activities and future plans of the principal waste producers. This will help to identify: the nature and quality of waste being generated; the contribution of waste reduction techniques including waste minimisation and composting; the likely trends in source separation and recycling of wastes. 76

79 Planning Authority Space for Waste: The Waste Management Subject Plan Chapter Implementation, Monitoring and Review continued In light of the information and policies provided in this Plan it is suggested that the Waste Management Policy, the Structure Plan for the Maltese Islands, the Waste Management Policy Report, the State of the Environment Report and the relevant Local or Subject Plans are monitored and reviewed. Review of Policies 8.5 As the Waste Management Subject Plan looks ahead to the year 2010, it is inevitable that changes in the national and local economies and political priorities will occur. All policies will therefore, be reviewed periodically to ensure that they continue to meet future Government guidelines and standards of practice as well as EU policy and legislation. Future Considerations 8.6 This Plan identifies an overall requirement to promote and develop more sustainable waste management practices during this Plan period and beyond. In order for the Planning Authority to take this Plan forward, there will be a need for the policies contained within this Plan to be used in accordance with the national Solid Waste Management Strategy. 8.7 In determining the precise level of provision, the Planning Authority will have regard to updated waste management data, as it becomes available. The Planning Authority will also consider not only the immediate need within this Plan period, but also the maintenance of a landbank of appropriate permissions to ensure the continuing provision of adequate waste management provision beyond this Plan period. 77

80 Planning Authority Space for Waste: The Waste Management Subject Plan Appendices 78

81 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of Key Legislation dealing with or related to Waste Management in the European Union A (as at January 2001) 79

82 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of Key Legislation dealing with or related to Waste Management in the European Union continued A 67/548/EEC, 79/831/EEC & 92/32/EEC 75/442/EEC, 91/156/EEC 75/493/EEC 76/403/EEC &96/59/EC 76/464/EEC 78/176/EEC, 82/883/EEC & 92/112/EEC 79/113/EEC 81/972/EEC 82/501/EEC 84/360/EEC 85/337/EEC 85/337/EEC 85/337/EEC 86/278/EEC 86/280/EEC 87/217/EEC 88/609/EEC 89/369/EEC 89/429/EEC 89/684/EEC 90/170/EEC 90/C122/02 90/313/EEC 91/157/EEC Classification, Packaging and Labelling of Dangerous Substances Framework Directives on Waste Disposal of Waste Oils Disposal of PCBs and PCTs Pollution Caused by Certain Dangerous Substances Discharged into the Aquatic Environment of the Community Waste from the Titanium Dioxide Industry Determination of Noise Emission of Construction Plant and Equipment Reuse of Waste Paper Hazards of Certain Industrial Activities Combating Air Pollution from Industrial Plants Environmental Effects Impact Assessment Requirement for EIA Assessment of Effects of Public and Private Projects on the Environment Use of sewage sludge in agriculture List 1 Substances Directive Pollution by Asbestos Large Combustion Plants Directive Air Pollution from New MSW incineration plants Air Pollution from existing MSW Incineration Plants Transport of Dangerous Substances & Waste by Road Acceptance of the Basle Convention Waste Policy Freedom of Access to Information Relating to the Environment Batteries and Accumulators containing dangerous Substances 80

83 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of Key Legislation dealing with or related to Waste Management in the European Union continued A 91/157/EC 91/689/EEC 91/676/EEC 91/271/EEC 91/692/EEC 92/3/EURATOM 92/880/EEC EEC/2455/92 93/259/EEC 93/1836/EEC EEC/793/93 COM(93)47 94/3/EEC 94/62/EC 94/67/EC Proposed Battery Recycling Hazardous Waste Nitrates Directive Urban Waste Waster Directive Reporting Directive Shipments of Radioactive Waste Eco-Label award scheme Import and Export of Dangerous Chemicals Regulations Supervision & Shipments of Waste within, into and out of the EC EMAS Scheme Risks of Existing Substances Regulations Environmental Liability Waste Catalogue Packaging and Packaging Waste Incineration of Hazardous Waste 95/C 165/07 Proposed Directive for Integrated Pollution Prevention & Control 96/C 59/01 Directive on the Landfilling of Waste 96/61/EC 96/62/EC 96/82/EC 97/11/EC COM (97)49 COM (98)452 99/31/EC 2000/76/EC L158 L395 Integrated Pollution Prevention and Control Air Quality Framework Directive Seveso II Directive Environmental Impact Assessment Proposed Water Quality Framework Directive Port Reception Facilities for Ship Generated Waste and Cargo Residues Landfill Directive Incineration of Waste Public Access to Information Management & Storage of Radioactive Waste 81

84 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of Key Legislation dealing with or related to Waste Management in the European Union continued A Council Regulations Rules and Procedures applying to Shipments of Certain No 1420/99 & 1547/99: Types of Waste to non-oecd Countries 82

85 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Related National Legislation B 83

86 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Related National Legislation continued B Litter Act 1968 Although primarily concerned with littering this Act places the responsibility for waste collection on the Ministry responsible for Health and regulates the collection of waste from urban areas. Indirectly it also controls dumping of waste by making the dumping of waste in public areas an offence. The Environment Protection Act 1991 Although no specific mention of waste is made this Act empowers the Minister responsible for the Environment to make regulations concerning the use and possession of toxic substances and substances which may be harmful to the environment. It also permits the Minister to indicate locations and methods for disposing of certain substances on land. The Act requires that proposed developments, likely to have significant impact on the environment, are subject to an Environmental Impact Assessment (EIA) prior to the application for planning permit being determined. The Development Planning Act 1992 This Act, as amended, defines the depositing of waste or waste materials on land as development. Consequently, such developments require planning consent from the Planning Authority and may also be subject to EIA procedures. In addition, the Act establishes the requirement for Subject Plans to be prepared together with the overall format of these documents. Factories (Health, Safety and Welfare) Regulations 1986 These Regulations control the discharge and disposal of industrial wastes. It empowers the Superintendent of Public Health to specify the following: the method and degree of treatment necessary for disposal; the carriers and disposers of the waste; and the location and method of disposal. Deposit of Waste and Rubble (Fees) Regulations, 1997 These Regulations state that rubble waste and hazardous waste must be deposited in a licensed waste deposit site. It requires waste deposit sites and waste carriers to be licensed and provi des for inspections of facilities and vehicles. The Regulations also introduced a fee for depositing waste in public waste deposit sites and require such sites to be insured to cover potential environmental damages, in particular to aquifers. Swill Control Regulations, 1993 These Regulations indirectly control the management of swill downloaded from aircraft and vessels visiting Malta. 84

87 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of relevant Policies contained in the Structure Plan for the Maltese Islands C 85

88 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of relevant Policies contained in the Structure Plan for the Maltese Islands continued C Application Procedures Policy BEN 7: A development permit is required for any development, including development by Government departments and other public agencies. The definition of development requiring permission is given in the Development Planning Act and related Use Classes Order, and includes both buildings and changes of use. The Planning Authority will welcome pre-application consultations between its officers and intending applicants for permission to develop. Policy BEN 12: The Planning Authority will decide if an Environmental Impact Assessment of a form and content satisfactory to the Authority is required to accompany any application for permission to develop. The environmental impact of proposed development will be carefully assessed through development control procedures, and where development permits are granted any adverse impacts will be mitigated through permit conditions and any other necessary legal measures. Policy BEN 14: The Planning Authority will give publicity to all development applications it receives, and a copy of every application will be available for public reference. Sufficient copies of an application will be required to permit simultaneous consultations with relevant Government Departments. The Planning Authority will also require the applicant to provide sufficient and suitable information regarding any application for development which it deems important enough in terms of scale or potential impact to merit specialist consultation with adjacent users and the public in general. Solid Waste Policy PUT 13: Development involving processes likely to give rise to the generation of wastes, especially hazardous wastes, will only be permitted where the Planning Authority is satisfied that: 1. There are no practicable or reasonable alternatives to the process proposed 2. All reasonable measures and procedures have been adopted to minimise the generation of waste 3. Wastes will be treated, stabilised or neutralised on site as far as practicable prior to removal off-site for final treatment and disposal 86

89 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of relevant Policies contained in the Structure Plan for the Maltese Islands continued C 4. Appropriate measures for safe transport, handling, and disposal can be implemented and enforced Policy PUT 14: Applicants for applications for development of facilities for the handling, treatment, and disposal of all waste, excepting totally inert mineral wastes, will be considered only if an Environmental Impact Assessment has been prepared for consideration by the Planning Authority. Permission will only be granted when the responsible authorities are satisfied that the nature and control of the operation will: 1. Protect natural resources against pollution; 2. Protect the local environmental against nuisance; 3. Provide for an appropriate afteruse. Policy PUT 15: An adequate number of controlled centres will be provided for use by the public for the deposit of refuse. Separate containers will be included to facilitate waste recycling. Policy PUT 16: Sites will be identified at strategic locations in relation to the main areas of population, commerce, and industry for the transfer or treatment of municipal, commercial, and industrial inert/non toxic waste prior to final disposal. Policy PUT 17: Municipal, commercial, and industrial inert/non toxic waste will normally be by controlled landfill. Sites will be identified at strategic locations, and there will be a presumption in favour of fewer, larger sites located in areas already derelict, such as voids created by quarrying operations. The Planning Authority will seek to provide for the release of suitable sites for landfilling in order to maintain sufficient capacity for a minimum of 5 years and a maximum of 20 years anticipated disposal requirements. Location and operation of landfill sites will take full account of the need to protect groundwater from pollution, and adjacent property from gas migration. Disposal of MSW and power station fly ash will be given priority. Policy PUT 18: Government will actively investigate the need for, and most appropriate facilities for, the treatment and safe disposal of hazardous and toxic wastes. Suitable safety standards 87

90 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of relevant Policies contained in the Structure Plan for the Maltese Islands continued C will be adopted and enforced. Appropriate new facilities will be established as early as possible, and subject to environmental and public health considerations. Policy PUT 19: The relevant Local Plans will give consideration to the siting of transfer stations in suitable locations for the onward transmission of waste material to the St. Antnin recycling plant. Compost generated by recycling plants will be used to reclaim and enhance land for agriculture, afforestation, and landscaping. Areas of stable garigue communities on kartsland will not be covered with compost or soil. Policy PUT 20: The Planning Authority will give high priority to the preparation of a Waste Management Subject Plan. Transportation Policy TRA 2: The promoters of major developments will be required to prepare traffic impact statements illustrating the likely impact of their proposals on the highway network. Landscape and Nature Conservation Policy RCO 4: The Planning Authority will not permit the development of any structure or activity which in the view of the Authority would adversely affect scenic value because it would: 1. Break a presently undisturbed skyline; 2. Visually dominate or disrupt its surroundings because of its mass or location; 3. Obstruct a pleasant and particularly a panoramic view; 4. Adversely affect any element of the visual composition for example, cause the destruction of deterioration of traditional random stone walls. 5. Adversely affect existing trees or shrubs; 6. Introduce alien forms, materials, textures, or colours. 88

91 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of relevant Policies contained in the Structure Plan for the Maltese Islands continued C Policy RCO 10: In identifying the designating Areas of Ecological Importance in Local Plans, one or more of the following habitat types must be present: 1. Permanent springs; 2. Saline marshlands; 3. Sand dunes; 4. Forest remnants; 5. Semi natural woodland; 6. Natural freshwater pools and transitional coastal wetlands; 7. Deep natural caves; 8. Coastal cliffs; 9. Representative examples of typical Maltese habitats such as garigue, maquis, valley sides, watercourses, and gently sloping rocky coasts. Policy RCO 11: In identifying and designating Sites of Scientific Importance in Local Plans, one or more of the following features must be present: 1. The only known locality in the Maltese Islands where certain endemic and/or non endemic species are found; 2. A locality where certain endemic and/or non endemic species with a restricted distribution in the Maltese Islands occur (`restricted distribution is taken to mean occurrence in five localities or less); 3. The type locality of an endemic species; 4. An important bird nesting site or of some other major ornithological interest; 5. A locality of special palaeontological interest; 6. A lithostratigraphical type section; 7. A locality of particular geomorphological interest; 8. Some other specific feature of scientific importance not listed above. Policy RCO 12: In Local Plans, the Planning Authority will give protection ratings to Areas of Ecological Importance and Sites of Scientific Importance as follows: 1. LEVEL 1 zones will include important habitat types present only in small areas and/or sites with unique species or features; 89

92 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of relevant Policies contained in the Structure Plan for the Maltese Islands continued C 2. LEVEL 2 zones will include important habitat types present in relatively large areas and/or sites with rare species or features; 3. LEVEL 3 zones will include areas where control is necessary to preserve habitats/species/features in adjacent sites. Policy RCO 20: Positive action will be taken to rehabilitate identified areas of degraded habitat and landscape, and proposals from Government agencies and non governmental bodies for rehabilitation schemes for these areas, provided that such schemes do not conflict with other policies and/or regulations concerning these areas, will be supported subject to scrutiny and approval by competent experts. Policy RCO 21: There is a general presumption against development in areas prone to erosion. Archaeology Policy ARC 2: In making the designations referred to in Policy ARC1, the Planning Authority will give protection ratings as appropriate to local circumstances as follows: Class A: Class B: Class C: Class D: Top priority conservation. No development to be allowed which would adversely affect the natural setting of these monuments or sites. A minimum buffer zone of at least 100m around the periphery of the site will be established in which no development will be allowed. Very important to be preserved at all costs. Adequate measures to be taken to preclude any damage from immediate development. Every effort must be made for preservation, but may be covered up after proper investigation, documentation and cataloguing. Provision for subsequent access shall be provided. Belonging to a type known from numerous other examples. To be properly recorded and catalogued before covering or destroying. 90

93 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of relevant Policies contained in the Structure Plan for the Maltese Islands continued C Policy ARC 3: Applications for planning permission for development affecting ancient monuments and important archaeological areas and sites, including areas and sites having such potential, will normally be refused if there is an overriding case for preservation. Where there is no overriding case for preservation, development of such sites will not normally be permitted until adequate opportunities have been provided for the recording and, where desirable, the excavation of such sites. Policy ARC 4: As a matter of priority, the Planning Authority will designate Hagar Qim/Mnajdra and Ggantija as Areas of Archaeological Importance and will collaborate with other agencies to develop them as National Parks. Minerals Policy MIN 1: Proven and potentially workable mineral resources will be safeguarded from development which would lead to their sterilisation. Non mineral development will not normally be permitted in areas of known or suspected mineral reserves, unless it can be demonstrated that the deposits beneath the site are not workable. Policy MIN 13: Development proposals involving the reuse of quarried areas will generally be considered favourably by the Planning Authority, subject to satisfactory environmental impacts including protection of groundwater resources. Priority will be given to uses which are difficult to locate elsewhere because of their visual or other undesirable impacts. Policy MIN 14: The Planning Authority will prepare and periodically review an inventory of disused mineral extraction sites, compiling data on location, area, depth, landform, adjacent land use, and potential after use suitability. The Authority will also compile data on potential sources of inert fill material so that these can be directed to the reclamation of quarry areas. 91

94 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of relevant Policies contained in the Structure Plan for the Maltese Islands continued C Policy MIN 15: The Planning Authority will prepare a programme for reclamation of disused quarries, allocating priorities, and identifying resources and initiatives from public and private sectors. The Authority will initiate and promote the acquisition, reclamation, and after use of existing worked out quarries by the Government. 92

95 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of relevant Policies and Guidance contained within the Waste Management Policy for the Maltese Islands D 93

96 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of relevant Policies and Guidance contained within the Waste Management Policy for the Maltese Islands continued D Proactive Approaches It is realised that proactive measures may, in the long-term be more cost-effective than end-of-pipe actions. In this respect, a cradle-to-grave approach should be adopted in quantifying the impacts of commodities. Importation The importation of hazardous substances which may finish up as hazardous waste, or in some other way cause management problems, should be controlled. Moreover, the importation of waste for disposal should be prohibited. Importation of waste for other purposes should be carefully regulated according to international norms and conventions for which Malta is a party. Agenda 21 Waste is aesthetically offensive and may be a source of disease. Moreover, Agenda 21 obliges countries to work towards the achievement of sustainable development which meets the following criteria: The amounts used of a resource may, for the long term, not be larger than the capacity to regenerate, and The releases of substances and consumption of energy may, for the long term, not be higher than the environmental media s capacity to carry or assimilate them. This means, that sustainable development can only be achieved if the limits of the environment s load-carrying capacity are taken into account in both the extraction and the input of substances. Waste mismanagement is unsustainable. The two primary reasons for the adoption of a sustainable waste management policy are: the conservation of resources (energy and materials); and the prevention of pollution. 94

97 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of relevant Policies and Guidance contained within the Waste Management Policy for the Maltese Islands continued D With resource conservation in mind, reduction, reuse, recovery, recycling and reintegration into the environment play an important role on the way to sustainability. The Polluter-Pays Principle and Producer Responsibility A key element in any environmental policy is the adoption of polluter-pays principle. In the field of waste management, the onus of managing waste should be the responsibility of its producer. Whenever possible, whoever imports, manufacturers, develops, markets and consumes goods should share in the responsibility with respect to the proper management of resulting waste. Such responsibility lasts even after the products have been sold or otherwise disposed of. This extension of product responsibility comprises, among others: the importation and production of long lasting and re-useable products; use of recoverable waste or secondary material; labelling of products with respect to environmental impact of resulting waste; take-back of products at the end of their useful life, and the recovery and disposal of such products. The Best Practicable Environmental Option Waste should be managed according to the Best Practicable Environmental Option (BPEO). This is defined as that option or combination of options, that provides the most benefits or least damage to the environment as a whole, at an acceptable cost, in the long term as well as in the short term. Policy Instruments Policy instruments, such as financial and other incentives, creation of markets for wastederived materials, etc. play an important role in encouraging the adoption of sound waste management options and the channelling of particular waste fractions towards the preferred options. Revenues accruing from any such measures should be channelled wholly or in part to support environmental activities. 95

98 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix List of relevant Policies and Guidance contained within the Waste Management Policy for the Maltese Islands continued D Deterrent Measures Sufficiently deterrent measures should be adopted in order to discourage haphazard dumping and any other forms of waste management that are not within the spirit of this policy. This is essential, as otherwise competitive advantage would be given to those who operate outside the law. 96

99 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Summary of Recommendations presented in Preliminary Report E 97

100 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Summary of Recommendations presented in Preliminary Report continued E Recommendation 1: To introduce Systems to Improve Waste Data Construction & Demolition Wastes Ensure that procedures at the Maghtab Landfill record deliveries of all C&D wastes. The weighbridge records need to be able to be interrogated by waste type in order that accurate data on C&D wastes can be obtained. Undertake sample surveys at private and unofficial (inert) waste disposal sites over a 6 month period, observing types and general weights of loads being deposited. This will enable a better understanding of the use of such sites and the tonnage of waste deposited. Undertake sample surveys of key C&D waste generators such as hardstone and softstone quarry operators to gain an indication of the levels of waste generated. Compare estimates of wastes produced with quantities of material quarried to determine if any relationship exists and which could be used as a basis for forecasting waste arisings. Municipal Solid Wastes The quality of available data on MSW is better than for any other waste stream. Weighbridges should be installed at all existing and at new waste disposal facilities, and procedures put in place to record the tonnage, source, carrier and type of waste delivered for disposal. Compositional analysis of samples of MSW should be undertaken to provide data on the types and quantities of materials in the waste. Materials suitable for recovery and recycling could then be identified. The local councils implementing bring systems should be encouraged to maintain records on the quantities of material collected, frequency of collection, prices obtained from the sale of these materials and market outlets. Port Wastes Given that most of these wastes are disposed of to the Maghtab landfill deliveries of these wastes should be captured at the landfill site in the same way that other waste inputs are recorded. This approach is likely to generate the best data in the short-term. Introduce simple procedures at the off-site incineration unit to record all deliveries of waste including source, type by visual inspection of waste materials, container used, estimate of weight. Surveys could be conducted at the port areas, observing types and general weights of loads being collected for disposal and waste movements into and out of the port area. Undertake compositional analysis of samples of the solid wastes taken from vessels, dry dock and port side areas to understand better the composition of these wastes and their potential for recovery. Airport Wastes 98

101 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Summary of Recommendations presented in Preliminary Report continued E Undertake weighings of dry wastes collected from a sample of aircrafts (short and long haul flights). Waste production per passenger could be calculated and used to provide an annual estimate of aircraft wastes based on total flight movements. Undertake weightings of a sample of the skips collected from the terminal and workshop areas. These weights could then be extrapolated based on the number of collections to provide an annual estimate. Again, as most of the landside wastes are disposed at Maghtab landfill this data could also and be captured at the landfill site in a similar way as proposed for other waste types. Introduce simple procedures at the on-site incineration unit to record all deliveries of waste including source (aircraft or food preparation), waste types based on a visual inspection of waste materials, containers used, estimate of weight. Encourage Corinthia Caterers to continue with sample weighing programme for all food wastes until a full 12-months of data is obtained. This should enable variations in waste production to be established. Undertake compositional analysis of samples of all the various elements of this waste stream to determine recovery potential. Health Care Wastes Sample surveys at all major health care centres should be undertaken to observe the type and weight of wastes generated. Using this weight data, estimates could then be made of waste generation per hospital bed (differentiating if feasible between medical and surgical beds). These estimates could then be compared with data available for other similar jurisdictions to Malta. A strict trial segregation scheme should be introduced at a major health care centre to provide a true understanding of the different wastes being generated, and hence enable the need for more specialised treatment facilities to be more accurately assessed. Segregation systems for health care wastes are discussed further under Recommendation 2 - Waste Classification Systems. Where health care wastes are being disposed at on-site incineration units records of all waste deliveries should be maintained and supported by sample weighing programmes. Again, given that some health care wastes are disposed at the Maghtab Landfill deposits of these wastes can be recorded at the landfill. This will also provide some data on movements of health-care wastes. Abattoir Wastes To improve the reliability of this data it is recommended that a sample of skips are weighed from both the Malta and Gozo abattoirs. Annual estimates could then be extrapolated for each facility based on the weight per skip and number generated. Once again, as most of the wastes from the Malta plant are now disposed at the Maghtab Landfill the weight of vehicle loads could be recorded at the landfill. 99

102 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Summary of Recommendations presented in Preliminary Report continued E Recommendation 2: To provide Guidance on the Definitions of Wastes including Sub-Classifications for all Waste Streams Waste Classification Scheme Whilst waste types are described in the State of the Environment report a standard waste classification scheme for Malta needs to be adopted and guidance provided on the definition of all waste types. This does not need to be a complicated system, but it does need to be adopted by all government departments and relevant agencies. A common waste classification system is important with respect to data collection. Health care wastes In particular, a better system of classifying health care wastes is required to be implemented immediately as it has implications for waste segregation and collection procedures at health care facilities. It has been suggested that a system based on the UK Health & Safety Commission be established (Chapter 5), but other classification systems could be considered. The UK system classifies clinical waste into five categories and specifies the preferred disposal route for each category. Waste to be disposed of in a particular manner would then be segregated into colour coded containers that would be standard for all health care facilities in Malta. These containers would only be used for the disposal of clinical wastes and not for other wastes generated at health care facilities. The waste classification system therefore needs to be practical and relate directly to the disposal options for the segregated wastes. This approach needs to be developed and implemented by the Ministry of Health with support from EPD. Recommendation 3: To introduce Improved Management Practices at all Waste Disposal Facilities Landfill Sites Ensure all waste inputs to the sites are controlled. This requires adequate manning of the site (at least 2 staff); that the facility is secure to prevent unauthorised deposits and the general public from entering the site (installation of fencing/gates), and all waste inputs should be recorded on arrival at the site (as per Recommendation 1). All wastes should be deposited, compacted and covered preferably on a daily basis to control odours, prevent wind blown litter, and to improve upon the general appearance of the site Consideration may need to be given to the erection of litter nets or screens Handling procedures must be introduced for special wastes, particularly health care wastes and abattoir wastes. Based on recognised best practice these should include; - pre-notification of delivery of these wastes should be given so that preparations can be made on site 100

103 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Summary of Recommendations presented in Preliminary Report continued E - delivery of these wastes should be mid-morning so that other wastes can be used as cover - these wastes should be buried at the front of the tipping face and should be immediately covered by other wastes Effort should be made to extinguish the underground fires otherwise they could continue to smoulder for years and present a serious threat to the environment as well as a potential hazard to the local population. This can be done by injecting water onto the fire, or by isolating the fire by digging a trench and then flooding it with water. Environmental monitoring controls for surfacewater, groundwater and landfill gas should be implemented within and outwith the site boundaries to determine the extent, if any, of any pollution impacts from site operations. Appropriate remediation measures may then need to be implemented. Working Plans should be prepared for all Operational Sites Working plans should be required for all existing waste disposal facilities, and in the future for all new waste disposal facilities. These plans should document the operational practices and administrative procedures which will be implemented at the site including hours of operation, waste acceptance procedures, waste deposit procedures, procedures for handling difficult or special wastes, health and safety procedures, environmental monitoring programmes, etc. Preparation of a Working Plan should be conditional upon obtaining a licence or permit to operate a facility and would be additional to requirement to obtain planning permission. Recommendation 4: Consideration should be given to the Development and Implementation of Duty of Care Provisions Duty of care provisions are designed to ensure that producers of waste take responsibility for ensuring that the waste they produce is handled and disposed in the proper manner. It can be applied to any person who imports, produces, carriers, keeps, treats or disposes of certain types of waste. It requires reasonable methods to be taken to fulfil four key requirements: 1. Preventing the unlawful deposit, storage or treatment of waste - practically, this involves gaining assurances that waste will be disposed at an approved (licensed) facility. 2. Preventing the escape of wastes either by accident or intentional tampering - secure packaging and labelling of wastes will be essential to achieve this. 3. Waste must be transferred to an authorised person - for carriers, registration with the appropriate Agency (EPD) will be required, and all waste management facilities must be licensed. 4. Provision of adequate written description of the waste. Type, quantity and special handling requirements of the material and the names and addresses of transferors and transferees should be included on transfer notes accompanying the waste. This facilitates safe and effective management of the wastes. 101

104 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Summary of Recommendations presented in Preliminary Report continued E In the UK statutory exceptions to the duty of care exist, notably storage of domestic waste by householders. Wastes such as agricultural, mining, explosive and radioactive materials are also excluded. Breach of the duty of care is a criminal offence punishable with an unlimited fine in the Crown Court and up to a 5,000 fine before the magistrates. It therefore can provide a powerful new tool for the waste management regime. Whilst it may not be practical to introduce these measures within 12 months preparatory work can be started during this period. Specific proposals include: Waste Producers Currently there is no requirement on industrial, commercial or institutional waste producers to take responsibility for the proper collection and disposal of the wastes that they produce. Responsibility should be placed on all waste producers to ensure that they only engage the services of a licensed waste carrier and that their wastes are being disposed of at official waste disposal sites. Evidence of all waste movements would be supported by a waste transfer note. Waste Carriers The requirement for contractors /carriers delivering wastes to the Maghtab landfill to be registered should be extended to all waste carriers i.e. only authorised carriers would be able to collect and transport waste on a commercial basis. Waste Disposal Facilities All waste disposal facilities should be licensed by the EPD. The waste management licence should set out the conditions which apply to the operation of the facility and should include the requirement for the preparation of a Working or Operational Plan (refer Recommendation 3). Inspection and enforcement would be the responsibility of the EPD. Recommendation 5: The Existing Landfill Charging Scheme should be Reviewed Consistent with the principle of polluter pays the Government should review its landfill charging scheme. Current landfill charges are very low compared with other jurisdictions and do not provide an incentive for waste producers to consider alternative options of dealing with their wastes. As long as charges remain low then alternative options will appear costly in comparison. In due course the introduction of wider scale charging may need to be linked to the development of new facilities, but in the meantime the government should continue to enforce its charging scheme at the Maghtab landfill and introduce it at the Gozo landfill. Recommendation 6: The Development of Privately Operated Inert Waste Disposal Sites should be Encouraged The Government should review the bond arrangements which currently restrict the diversion of inert wastes from public landfilling operations to private sector sites. This would reduce pressure on capacity at the Maghtab landfill in particular, and 102

105 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Summary of Recommendations presented in Preliminary Report continued E would provide more local provision of sites with the benefit of reducing movements of these wastes, provide a means of restoring former quarry sites, and help prevent further increases in fly tipping and illegal disposal practices. Operations at these sites would need to be regulated by the EPD, and in particular controls would need to be implemented to ensure inert wastes only were being deposited. Recommendation 7: Identify a Site for an Engineered Landfill Facility on Malta A clear need for new facilities to meet Malta s future waste management needs has been identified in this Report. The National Waste Management Strategy being developed by the EPD will provide further guidance on the objectives of waste management and hence the principles to be adopted in selecting future waste management options. However, irrespective of the preferred solution(s) there will remain a need for suitably engineered landfill capacity for the disposal of residues from waste management treatment processes and for those wastes which cannot be handled and treated in any other way. The Planning Authority has initiated a search for potential sites and this should be continued as a matter of priority. In many jurisdictions the development of new landfill sites from site selection through to securing all necessary proposals can take several years. Recommendation 8: Steps should be taken to raise the Awareness of the Public on Waste Management Issues Public awareness of waste management is low, except in the vicinity of existing waste disposal sites where opposition to waste management activities have been expressed. A public education and awareness raising programme needs to be developed in support of the establishment of any future recovery and recycling schemes. This should highlight the extent of the problem and highlight the benefits of minimising, separating and recycling wastes. A public consultation programme will conducted during the preparation of the Waste Management Subject Plan. This will raise the profile of waste management in the public arena and obtain the publics view on issues addressed within the plan. Summary of Actions This review of waste management practices on the Maltese Islands has identified a number of areas for improvement and recommended a number of actions. Table 1 provides a summary of these actions and identifies the responsible authority. A time period is proposed for implementation of these actions, however, this will need to be considered with the context of departmental activities and priorities. These actions are unlikely to have a bearing on the preparation of the Waste Management Subject Plan given that this process is underway and the programme established. 103

106 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Summary of Recommendations presented in Preliminary Report continued E Table E1 : Summary of Proposed Actions Actions 1 Closure of Malta abattoir and airport incineration units and make alternative disposal arrangements. 2a 2b Review procedures for segregating and collecting healthcare wastes and introduce standard waste classification scheme to all health care facilities. Prepare Healthcare Waste Management Plan to include phased closure of existing incineration units. 3 Progress San Antrin Composting Plant upgrading programme. 4 Design and implement improved waste data collection procedures. 5 Install wieghbridges at the main waste disposal sites, commencing with Gozo landfill. 6 Improve waste handling procedures and disposal practices at existing sites. Determine need for environmental monitoring and prepare restoration plans. 7 Review need for regulations or codes of practice to control waste management activities (for example, of duty of care, site licensing and preparation of working plans). Timescale, for completion Within 6 months Responsible party Ministry of Agriculture. 6 months Ministry of Health. Commenced. To be completed within 6 months. Commenced and to be completed within 6 months Within 6 months. On-going. Commence immediately. On-going activity. Within 6 months. Ministry of Health. Waste Implementation Unit. EPD. Waste Implementation Unit and site operators. Waste Implementation Unit/Site Operators. Regulated by EPD. EPD. 8 Review landfill charging scheme. Within 6 months. Waste Implementation Unit/Site Operations. 9 Review bond arrangements for private sector inert sites. Within 12 months EPD/Planning Authority. 10 Identify potential sites for new landfill facility. Commenced. Planning Authority. 11 Develop waste awareness programme targeted at the public and commerce/ industry. Needs to be linked to launch of WMSP and Waste Strategy. Planning Authority/ EPD/Local Councils. 104

107 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Classification for Solid Waste F Source: The State of the Environment Report,

108 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Classification for Solid Waste continued F Bulky waste is that fraction of municipal waste which because of its size cannot be collected together with other municipal waste. Commercial waste is that waste generated from activities that require a trading license and are located within Local Council s territory. Such activities include retail and wholesale of goods, light manufacturing and servicing industry. Compostable waste is that organic waste that under the specific conditions prevailing in the composting plant will degrade and stabilise with the production of compost. Construction and demolition waste is that waste resulting from quarrying operations, excavation works, demolition and construction of buildings, road works, and related activities. Domestic or household waste is that waste produced from premises that are exclusively used for human habitation. Hazardous waste is that waste which is infectious, explosive, flammable or corrosive, or contains any of the components included in EC Directive 91/689/EEC. All other waste is considered as Non-hazardous waste. Inert waste is that waste which in respect to a specific management process, does not undergo physical, chemical or biological changes that cause it to be a pollutant. Industrial waste is that waste generated by manufacturing and servicing establishments, mostly located in industrial sites. Institutional waste is that waste that is generated in schools, health-care centres, Government agencies, etc. Municipal waste is that waste whose responsibility for collection falls on the Local Councils. This category of waste includes Domestic waste, waste that results from street sweeping and other public cleansing activities, commercial waste, etc. Non-specific health-care waste or uncontaminated health-care waste is the waste that is similar to municipal waste. Organic, biodegradable or putrescible waste is that fraction of waste that is biologically degradable; this fraction includes food, green waste and paper, but not plastics. Special waste is that commercial, industrial or agricultural waste that because of its nature or quantity and for a specific management process cannot be managed together with municipal waste. Specific health-care waste, clinical waste or contaminated health-care waste is the hazardous fraction of health-care waste and includes such components as anatomical parts, 106

109 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Classification for Solid Waste continued F sharps, laboratory waste, food left over by patients in infectious wards, cytotoxic drugs, contaminated bedding and radioactive residues. 107

110 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Guidance on Information to Accompany Development Permit Applications for Waste Management Facilities G 108

111 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Guidance on Information to Accompany Development Permit Applications for Waste Management Facilities continued G Background Developers, in both the private and public sectors, proposing replacement or new developments or extensions to existing waste management facilities are required to provide sufficient information to enable the Planning Authority to make sound decisions and impose relevant and necessary conditions on any development permit granted. The level of information required may involve the preparation and submission of a formal environmental impact statement (EIS) or an environmental planning statement (EPS), guidelines for which are given at the end of this Appendix. Applications requiring EIS s or EPS s should include the information detailed below, in addition to fulfilling the Environmental Impact Assessment (EIA) requirements as established by the Planning Authority. The degree of detail provided in the application should be appropriate to the type and scale of facility proposed. In line with Structure Plan Policy BEN 7 developers are advised to consult with the Planning Authority in order to agree the scope of the application and the information requirements for a particular site. This will also provide an opportunity for the two parties to have preliminary discussions regarding possible conditions and agreements that may be imposed with any granting of the development permit. In addition to consultations with the Planning Authority, applicants may find it beneficial to discuss proposals with other key statutory consultees such as the Environment Protection Department, and Waste Management Implementation Unit in addition to discussions with local councils and community groups. It is also recognised that the Planning Authority may have to consult other bodies in order to obtain specialist advice needed to reach a decision, particularly if it is likely that significant pollution issues will be involved. Need and Alternatives Applications for development permits for waste management facilities should include a description of the demand for waste facilities. Such a description should be based on strategic planning criteria and data on existing and proposed waste arisings, types etc. Reference should be made to the provisions and guidance provided in current development plans and guidance documents, in particular the Waste Management Subject Plan, Structure Plan and Waste Management Strategy. The EIA guidance for the Maltese Islands includes reference to investigating alternatives, accordingly where a development is subject to these guidelines the developer has a duty to consider the existence of alternatives. Where alternatives have been considered by the developer, a discussion of these should be included with the application, together with reasons for selecting the proposed option. The assessment of alternatives might incorporate: an examination of other processes or facilities for management of the particular waste arisings; a review of alternative sites or locations for a similar development; 109

112 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Guidance on Information to Accompany Development Permit Applications for Waste Management Facilities continued G consideration of alternative schemes for the same site or facility, including the "do nothing" option. With all applications, including those which do not require the preparation of an EIS or an EPS, the Planning Authority may request information on the need for, and relative merits of, the development in order to reach an informed decision on the application. This requirement is particularly likely for waste developments where the nature of the development and the national need for such facilities can be expected to make the availability of suitable alternative sites material to the planning decision. The developer should therefore be aware that such information, where available, is helpful to the planning process. Background survey The application should be accompanied by supporting information, which may take the form of an EIS or EPS. This supporting documentation should provide sufficient information to: establish baseline conditions for the site; enable an assessment of the impact of the development on human health and the environment; enable a monitoring programme for potential environmental and amenity impacts to be developed and implemented; demonstrate the technical suitability of the site for the facility, and the feasibility of the engineering design of the site or facility. To provide the above the background survey may need to identify and consider the following matters on, and in the vicinity of, the site: topographical features; current and previous land uses, including the location of any sensitive developments and uses, especially residential; planning context and previous history; existing access, transport network and traffic flows; underground and overhead services; location of structures, especially any listed buildings or archaeological remains; in the case of agricultural land, details of current farming practices and the quality of the soil materials supporting plant growth; flora and fauna, including designations of nature conservation importance; 110

113 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Guidance on Information to Accompany Development Permit Applications for Waste Management Facilities continued G soil and geological conditions, including description of strata, minerals, material depths, nature and spatial distribution and potential flowpaths for gas and leachate; hydrogeological and hydrological conditions, in particular the location of the water table, groundwater and surface water flows and quality; background air quality data where air emissions are likely to be a concern; landscape and visual context; existing noise conditions. Description of Proposed Development General The following information is required for all types of waste development. This should be presented in the form of plans and supporting text. description of the proposed development including rate of waste input, waste types and timescale of the operation; details of the proposed site layout showing the design, external appearance and location of all buildings, plant and haul roads, and the proposed operational and non-operational areas; design and location of fencing, including security fencing; proposed access arrangements to the site, including traffic generation, types of vehicles and routing; hours of operation; waste handling and storage arrangements; landscaping scheme; details of operational practice including staffing requirements, noise levels, dust, odour and litter control. Landfill and Landraising Sites The list of information that should accompany waste management facility development permit applications provided below is for guidance purposes. It is recognised that the list of information provided is not exhaustive and should therefore be considered as the minimum information that should accompany a development permit application. The 111

114 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Guidance on Information to Accompany Development Permit Applications for Waste Management Facilities continued G Planning Authority, in discussion with the developer, will provide advice on any additional information required to accompany specific development permit applications. programme of working including construction, operational and restoration stages for the site; the direction of working and details of activities, organisation, materials storage, handling and requirements for each phase; details of materials balance; details of groundwater and surface water management arrangements, including leachate management where appropriate; details of a landfill gas management scheme; location and size of any ancillary facilities, including, for example, leachate storage and treatment facilities; disposal routes; and landfill gas management compounds. Other Waste Management Facilities For waste management facilities involving, for example, transfer, thermal treatment, anaerobic digestion, materials recycling or composting, the following detailed information may need to be supplied: process and technology to be used; environmental protection measures proposed to be employed; details of the type and quantity of material to be recycled or reused and overall capacity of the facility; nature and quantity of any residues and their means of disposal. Landscaping, Restoration and Aftercare Landscaping A detailed landscaping scheme including details of all screening will require to be submitted and approved by the Planning Authority before operations commence. Such a scheme should consider the following matters: the eventual landform and afteruse for a landfill or landraise facility; retention of existing landscape and ecological features wherever possible, and, where appropriate, the incorporation of measures for the protection of these features from physical damage during construction and operational activities; 112

115 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Guidance on Information to Accompany Development Permit Applications for Waste Management Facilities continued G landscaping proposals should reflect the local landscape character, surrounding topography, vegetation patterns and features; implementation of screen planting in advance of the site operations; where appropriate, regard should be given to existing habitats and species to maximise the potential for the development to preserve and enhance the natural environment. Temporary screening mounds should normally be seeded at the earliest opportunity to minimise potential nuisance impacts, particularly with respect to dust. Restoration of landfill and landraising sites The development permit application should be accompanied by clear proposals and a plan for the proposed restoration, aftercare and afteruse of the site. The Planning Authority will expect overall proposals for restoration to incorporate the following: general information on the proposed afteruse including site features; final landform, including restoration contours; surcharging and allowance for settlement (the allowance made should be stated and pre and post settlement contours defined on a plan); capping soil covering (quantity and quality), planting and aftercare; description of drainage patterns; information on the integration and phasing of restoration in relation to the programme and phasing of working; information on the integration of afteruse and aftercare requirements with long term monitoring and management controls which may be required, for example, leachate and landfill gas controls on landfill sites; programme for implementation of the proposals. Landscape Management and Aftercare Maintenance is considered to be a vital element of any landscaping and restoration works and the Planning Authority will require a detailed scheme of management for the life of the site and its aftercare period. For land returned to agriculture, woodland or amenity use there is a recommended requirement for aftercare for a 5 year period, this is in line with established statutory requirements in the UK. 113

116 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Guidance on Information to Accompany Development Permit Applications for Waste Management Facilities continued G Guidelines for Environmental Impact Assessment Scope and Purpose Within the Maltese Islands the Environmental Protection Act 1991 introduced a requirement for all major developments with a potential impact on the environment to be subject to an EIA to predict the effects of the proposal on the physical, biological, social and cultural environment. The purpose of the EIA process is: to investigate and predict the effects of a development project on the environment of an area before any decision is made to go ahead with the development; to introduce changes into the design process of a development project; to make sure that everyone involved - developer, people living and working in the area, member of the Planning Authority understands the likely effects; in this way it ensures that the final decision on the development project is taken with full knowledge of the environmental consequences. The Planning Authority, after consultation with the Environment Protection Department and other Government Departments and agencies where appropriate, will determine whether a project is covered by the EIA requirements. This decision is made on the basis of information supplied by the developer in a Project Description Statement (PDS). The PDS must describe the nature of the site and the proposed development in sufficient detail to identify the likely effects on the environment. On account of the requirement to prepare a PDS an applicant should include environmental information with an application for a waste management facility, even if a formal EIA is not required. Requirement for Environmental Impact Assessment A detailed `Schedule of Projects requiring Environmental Assessment is provided as part of the guidance to EIA in Malta. This schedule, which assists the Planning Authority in determining the need for EIA s, divides types of development project into two categories, depending on their relative impact on the environment. Category 1 projects require the preparation of a full and rigours Environmental Impact Statement (EIS); Category 2 projects require a simpler form of assessment called an Environmental Planning Statement (EPS) which covers fewer topics than an EIS. 114

117 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Guidance on Information to Accompany Development Permit Applications for Waste Management Facilities continued G Category 1 projects to the Waste Management Subject Plan include: Erection of an installation for incinerating, treating, processing and destruction of chemical waste and spent oil; Erection of an installation for incinerating, treating (inc. chemical treatment), processing and destruction of other wastes (including hospital and household wastes) with a capacity of 25,000 m 3 per year or more; Site for depositing sludge; Disposal of chemical wastes on or in the soil; Disposal of household and other industrial and commercial wastes with a capacity of 100,000 m 3 or more; Disposal of household and other industrial and commercial wastes with a capacity of over 25,000 m 3 and where: a) more than 300 dwellings or an area designated for more than 300 dwellings are within 200m of the boundaries of the site; or b) a designated site is within 200m of the boundaries of the site; or c) in the aquifer protection zone or within 500m of a borehole. Relevant Category 2 projects include: Incinerating, treating (including chemical treatment), processing and destruction of wastes not being a development that falls within Category 1; Disposal of household and other industrial and commercial wastes with a capacity of over 15,000 m 3 an not being a development that falls within Category 1; Disposal of inert wastes not including household and industrial wastes, with a capacity of one million m 3 or more. The EIA guidelines identify three main types of development project which require an EIA. These are: Large scale projects which are of more than local importance (e.g. Power Stations); Smaller projects which will affect particularly sensitive or vulnerable areas (e.g. Water Protection Zones, archaeological or ecological sites); 115

118 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Guidance on Information to Accompany Development Permit Applications for Waste Management Facilities continued G Projects of any size which will produce unusually complex or potentially harmful effects some of which may be long lasting and cumulative (e.g. pollutants of various kinds). Approach to Environmental Impact Assessment Guidance on EIA is provided by the Planning Authorities publication Environmental Impact Assessment in Malta (1994). This specifies the need for a systematic approach to EIA which involves: Consultation, scoping and development of Terms of Reference, which is undertaken through dialogue and communication between interested parties in order to identify relevant issues of concern. During the course of the assessment, both consultation with the key statutory bodies which can assist with the provision of information and scope of the appraisal should be undertaken, and the views and assistance of non-statutory organisations, specialist bodies and members of the public should be sought; Description of proposed development project, including physical characteristics, land use requirements, production processes and operational features of the project and consideration of alternative sites and processes; Baseline studies of the existing environmental conditions; Description of existing environmental conditions of site and its environs in terms of physical features and the policy framework; Impact prediction, including an assessment of the significance of the positive and negative, direct and indirect, short and long-term effects associated the development, its construction, operation and afteruse; Identification of mitigation measures to reduce or eliminate potential impacts. Other Permissions In addition to development permits, the Deposit of Waste & Rubble (Fees) Regulations 1997 require waste management developments, including recovery, transfer, processing and disposal facilities, to gain a waste management licence before operations can commence. 116

119 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Code of Practice for the Operation of Waste Management Facilities H 117

120 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Code of Practice for the Operation of Waste Management Facilities continued H General To ensure that envi ronmental impacts are kept to a minimum, the Planning Authority will seek to ensure that all waste management facilities are operated in accordance with best current practice at all times. This Code of Practice has been prepared to assist operators. Operators should be aware of all potential environmental impacts of waste handling, treatment and disposal operations throughout the duration of the scheme and beyond, and wherever possible should take steps to reduce and mitigate adverse impacts. The Planning Authority will seek to control operations through the application and enforcement of planning conditions and other agreements as appropriate. In addition to their planning obligations, operators should be aware of their statutory obligations in respect of waste licensing and other consents. Further details of these controls are given below. A checklist of matters which can be expected to be included as conditions attached to development permits for waste management facilities are given at the end of this Appendix. It is proposed that planning officers undertake regular visits to waste management facilities to ensure that planning conditions are being complied with and that the Code of Practice is being followed. The Planning Authority will be pleased to offer advice and assistance to applicants and operators on the implementation of this Code of Practice, and where appropriate, to direct enquiries to the relevant organisation or statutory authority for assistance. Other Controls The Deposit of Waste and Rubble (Fees) Regulations, 1997 state that rubble, waste and hazardous waste must be deposited in a licensed waste deposit site. It requires waste deposit sites and waste carriers to be licensed and provides for inspections of facilities and vehicles. The Regulations also require public waste deposit sites to be insured to cover potential environmental damages, in particular to aquifer resources. Although they have related functions, the Planning Authority does not seek to duplicate controls that are the statutory responsibility of other bodies such as the Environment Protection Department. The role of the planning system focuses on whether the development is an acceptable use of the land rather than on the control of processes or substances. The role of the Planning Authority, therefore, is to stress the land use planning implications of proposed waste management options, while assuming that the pollution control regime will operate effectively. This illustrates that close co-ordination and co-operation among all concerned is required. 118

121 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Code of Practice for the Operation of Waste Management Facilities continued H Key Elements of the Code of Practice for Operations The main planning principles are to minimise overall impact and to ensure adequate protection for the local community from adverse effects of an operation. The key elements of concern to the Planning Authority are: the visual appearance, scale and siting of fixed plant and buildings; movement of vehicles and mobile plant both within the site and on the public highways; the working programme and method, including hours of operation, phasing and operational activities; the potential for nuisance from noise, dust, litter and odours; emissions; implementation of landscaping, restoration, monitoring and aftercare requirements. In addition, the Planning Authority will be concerned with the general standards of site management which affect the current and future uses of land. However, the detail of operational and environmental controls for prevention of pollution are covered by other licensing and authorisation procedures, primarily the waste licensing system. Plant and Buildings The location of plant and buildings shall take account of local residents and amenity factors. This will include where appropriate: keeping the height as low as possible including consideration of below ground level placement; providing effective visual screening; grouping to facilitate screening and reduce sprawl; selection of materials/painting to reduce visual intrusion; removal of plant and machinery when it is no longer required. 119

122 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Code of Practice for the Operation of Waste Management Facilities continued H Vehicle Movements Operators shall make every effort to ensure that Heavy Goods Vehicles (HGV) movements generated by the site do not adversely impact on local settlements. This will include where appropriate: use of directional signs, careful design of access and egress; use of voluntary or formal agreements for desired routing; locating and surfacing internal haul routes to minimise noise and dust nuisance. Hours of Work The hours of working at waste management facilities shall normally be restricted so as to reduce the impact of site operations on the amenity of local residents, having regard to the operating requirements of the facility. The Development All operators are required to ensure that the development is undertaken in accordance with the plans that have been approved as part of the development permit. Unauthorised alteration of the approved scheme will be regarded as a breach of planning control. Operators are advised to contact the Planning Authority in relation to any proposed change. Noise Proposals should include information on the prevailing background noise levels, together with an assessment of maximum noise levels expected to be generated and variations during the day. Where operations are phased across the area of the site or over the life of the facility, such an assessment may be required for each identifiable phase. Following discussion with the operator, the Planning Authority will set noise limits at noise sensitive receivers, such as residential dwellings, for the following: i) construction, site preparation and maintenance which may be phased during the operational life of the site; ii) iii) iv) permanent plant; essential operation of plant and machinery outside the normal hours of working, and in particular at night; road traffic associated with operations on the site. Operators shall consider in particular the control of working practices, the siting of plant and machinery away from noise sensitive receivers and the need for acoustic screening by earth mounds or fencing. 120

123 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Code of Practice for the Operation of Waste Management Facilities continued H Dust Operators shall take steps, where appropriate, to limit the impact of dust and mud on local roads and the surrounding area by: providing hard surfacing to an approved standard around plant and access roads; undertaking dust suppression on internal haulage and access roads by watering in dry weather and regular sweeping; sheeting or other appropriate covering of loaded vehicles which could be subject to windblow; providing wheel washing facilities; enclosing operational plant; seeding exposed overburden materials; prepare a dust housekeeping plan. Odours Operators shall take measures, as appropriate, to mitigate the effects of odours by: limiting the capacity and temporary storage of organic wastes on-site, particularly over weekends and summer periods; using air filter systems in enclosed plants; enclosing waste reception and storage areas within a building; progressive restoration and use of daily cover at landfill/landraising sites; installation of gas management systems at landfill/landraising sites; prepare management plan to include measures to deal with seasonal issues and contingencies in the event of breakdown. Emissions Operators shall take steps to limit the impact of landfill gas, leachate, and emissions to surface waters and the atmosphere by providing, as appropriate: gas management systems involving gas extraction wells, the use of flaring and gas utilisation systems; leachate collection, management and disposal systems; hard surfacing with drainage ditches to an approved standard around the access roads and plant, particularly including waste reception handling and storage areas; 121

124 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Code of Practice for the Operation of Waste Management Facilities continued H adequate surface water drainage and collection sumps; facilities to treat effluent or discharges to sewers; operational plant in enclosed buildings; gas cleaning plant to control emissions to the atmosphere. Restoration and Aftercare Operators are required to ensure that all restoration is carried out to the highest standard, incorporating the guidance and advice provided by the Planning Authority, Environment Protection Department and others. This will include where appropriate: care in earth site stripping, handling, storage and placement; avoidance of contamination of soils and other materials to be used in reclamation; undertaking restoration, cultivation and planting activities under suitable conditions; protection of seeded and planted areas; implementation of a 5 year aftercare period is undertaken in the case of restoration to agriculture, forestry or amenity use. Operators should discuss proposals and mechanisms for implementing the agreed afteruse with the Planning Authority at the outset and in advance of cessation of operations. Implementation of restoration following phased working at a landfill or landraising site will assist in limiting the overall impact of the facility and can reduce the delay before the site is restored to the original or new land use. Site Management The Planning Authority recognises that a high standard of site management is a major factor in securing and maintaining an operation which minimises its environmental impact. Good practice is essential. Typical elements of good practice that should be applied by operators include: regular litter collection; maintenance of verges; maintenance of fencing; establishment of protocols or management plans for noise, odour and dust control, incorporating response mechanisms to ensure that potential problems can be dealt with swiftly and effectively; 122

125 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Code of Practice for the Operation of Waste Management Facilities continued H advance warning to neighbours of new operations; ensuring that operational staff under direct and indirect control respect the local environment for example through use of codes of practice; regular monitoring of performance, which may include formalised programmes through establishment of an environmental management system reporting to the Planning Authority or other relevant statutory body. The Planning Authority will support the setting up of regular local liaison meetings between representatives of local residents and the operator. Planning Conditions The Planning Authority will avoid conditions that duplicate or restrict the use of pollution control measures that may be required by other statutory authorities. The issues that are likely to be addressed in planning conditions attached to any permit to develop waste management facilities will relate to the local amenity and the control of the development. Conditions will be drawn up to suit the particular requirements of an individual site, and may include: 1. Commencement and Time Limits Limits on the overall commencement and operational life of the scheme, depending on the nature of the development; Restoration and aftercare, in considering the life of a permission it is necessary to allow sufficient time for all the restoration and aftercare work. 2. Scheme of working Preparatory works, including definition, time limits for establishment and prior approval before commencement of subsequent phase of operation; The physical nature of the wastes acceptable or excluded (insofar as this might affect local amenity or neighbouring land use); The area to be filled and programme of phasing for landfill and landraising sites; limits of operational area and general method of working for other types of facility; Maximum depths, heights, and margins for the development, including buffer zone to sensitive areas, watercourses etc.; Standards for materials storage, including heights of earth stores and maintenance requirements; Arrangements for treatment or disposal of residues, effluent, or other emissions; Installation of monitoring systems; Protection of amenity; 123

126 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Code of Practice for the Operation of Waste Management Facilities continued H Hours of working; The transport mode, access and routing arrangements and volume of traffic generated; Maintenance of surface drainage; Groundwater and water courses, including protection measures and monitoring requirements; Dust, including protection measures and monitoring requirements; Noise, including the level of noise, measures and mechanisms for monitoring and action; Odour, including protocols and mechanisms for monitoring and action; Minimisation of nuisance from birds, vermin or windblown litter; Landfill gas and leachate, including protection measures; Heritage, including land use considerations on archaeological sites. 3. Restoration and aftercare Specification of final contours and allowance for settlement for landfill/landraising sites; Standards for quality and minimum depths of earth soil materials on restoration; Landscaping scheme details and phasing of implementation; Specification of seeding and planting requirements; Aftercare management of the land for a maximum of 5 years following restoration, covering matters such as drainage, planting and management of vegetation appropriate to the intended afteruse; Restoration of the site where development has stopped before completion, or where a licence has been revoked; Securing the full reclamation of the site on or before the expiry of the permission. 4. Review Processes Where appropriate, reporting and liaison requirements. 124

127 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Criteria for the Selection of Sites Suitable for Waste Management Facilities I 125

128 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Criteria for the Selection of Sites Suitable for Waste Management Facilities continued I General This Appendix describes the criteria to be considered when identifying areas of search and determining individual applications for new waste management facilities within the Maltese Islands. The criteria are intended to assist both the private sector and the Planning Authority assess the suitability of areas or sites. The site selection methodology described recommends a two phased approach to site identification, involving a coarse sieve exercise to identify an area and fine sieve exercise to help identify specific sites and appraise the merits of individual sites. At the initial planning stage, a coarse sieve analysis is appropriate using the key land use planning and environmental considerations to identify areas where overriding constraints to development might apply. In undertaking this exercise, an understanding of the issues relevant to each type of waste management facility is required. These have been summarised for the main waste treatment and disposal facilities available and are provided in the Preliminary Report to this Plan. This Appendix also includes a checklist of criteria for site selection to assist both developers and planners when considering the merits of an individual site or comparing alternative sites. This checklist provides the basis for a comprehensive appraisal at the site level, and as with the coarse sieve exercise may be subject to a scoring system to enable comparison between different sites or options. In outlining the issues relevant to the identification of suitable areas and sites regard has been given to previous search criteria utilised by the Planning Authority and Environment Protection Department in the identification of potential sites for an engineered landfill on Malta and inert landfill facilities on Gozo. Criteria for Areas of Search For areas of search, the criteria are divided into the following categories: technical and operational parameters land use planning and environmental considerations. 126

129 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Criteria for the Selection of Sites Suitable for Waste Management Facilities continued I Technical and Operational Parameters These parameters are facility related and include appraisal of: size of the site required for the development and associated infrastructure; the waste types managed by the facility and proximity to waste source; accessibility, including the ease of access to and from the site; physical constraints to development, in particular geotechnical, hydrological and hydrogeological factors and availability of development materials. Land Use Planning and Environmental Considerations The potential suitability of an area or site is determined by a range of planning and environmental factors. The key planning and environmental criteria include: surface water, including impacts on river drainage and the risk potential of pollution arising from the development; groundwater source protection (Water Protection Zone); landscape, including the quality of the landscape as defined in terms of national designations (Areas of High Landscape Value); visual impact including the potential for visual intrusion from the development nature conservation, including impacts on known conservation sites (Areas of Ecological Importance and Sites of Scientific Importance); heritage, including impacts on known archaeological sites, urban conservation areas, listed buildings etc; proximity to residential development, reflecting the potential for nuisance arising from noise, air emissions, odours and dust; traffic, including proximity to road networks; agricultural land quality; economic and social factors; beneficial restoration of mineral workings or despoiled land, or potential sterilisation of mineral assets. Other Considerations 127

130 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Criteria for the Selection of Sites Suitable for Waste Management Facilities continued I In comparing different types of facilities and preferred locations, the duration of potential environmental effects should be taken into account. Grading of Criteria In order to compare development alternatives, the anticipated impact of the proposals must be assessed for each criterion. This can be achieved by applying a grading system that indicates the potential significance or importance of each issue. At the coarse sieve stage, the primary purpose is to eliminate those sites or areas with overriding constraints and identify those areas with the most potential for further study. A three-point scale is considered to be sufficient for this purpose, which classifies each issue in descending order of: A) Major impact or concern; B) Moderate impact or concern; C) Negligible impact or concern. In carrying out the assessment, the sensitivity of the receptor affected and the potential for the implementation of mitigation measures should be taken into account when grading each criterion. The assessment of individual criteria relies on the judgement of those undertaking the exercise, although a measure of objectivity can be applied in reaching the judgement for each criterion. For example, an assessment of proximity can use distance thresholds, and a determining factor for significance might be the presence or absence of a particular feature or land use planning designation. For a more detailed analysis of particular options, areas or sites, the scoring system can be progressively refined. Although the limitations of this type of appraisal should be noted in that it is unavoidably subjective in its nature, its purpose is to enable a relative comparison between facilities or sites rather than make an absolute judgement. Checklist of Criteria for Site Selection and Assessment This list is similar to the criteria for areas of search, but is more specific at the site level: Development Aspects Type of facility and operational features; Land requirements; 128

131 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Criteria for the Selection of Sites Suitable for Waste Management Facilities continued I Waste types and source; Good access and transportation network or the potential for their development; Presence of services and availability of disposal routes; Physical constraints - geotechnical/hydrological/hydrogeological; Availability of sufficient material to carry out the operation; Land availability/ownership/use constraints; Economic considerations; Extent to which the operation may contribute to the effective restoration of the site. Land Use and Environmental Criteria Land use planning area designations (Rural Conservation Areas Sites of Scientific Importance); Water resource value; Agricultural land quality; Existence of trees/stonewalls and other key landscape features; Ecological, scientific or historical importance of the site; Ability of local topography and landscape to absorb the development; Distance from residential development; Compatibility with adjoining development; Allocation of the site in the Structure Plan; Accessibility; Access and transportation networks or the potential for their development; Duration of predominant effects associated with the development. The planning and siting issues for such a plant are considered in greater detail in Chapter 6, but in particular would require a location away from major residential areas but close to the source of the waste. 129

132 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Position Paper on Waste Disposal at Sea J 130

133 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Position Paper on Waste Disposal at Sea continued J FINAL REPORT SPACE FOR WASTE: The Waste Management Subject Plan Position Paper on Disposal of Waste at Sea Environmental Management Unit July 2001 KM/km c:/../data 131

134 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Position Paper on Waste Disposal at Sea continued J Contents 1 Contents Purpose of the Paper Background Current Situation Legal framework 136 National 137 Marine Pollution Act, 1977 and Environment Protection Act, Deposit of Wastes and Rubble (Fees) Regulation, Antiquities (Protection) Act, Development Planning Act, Jurisdiction over territorial waters 138 International 138 United Nations Convention on the Law of the Sea 138 London Convention 139 Barcelona Convention 140 Protocol for the Prevention of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft 140 Protocol for the Protection of the Mediterranean Sea against Pollution from Land- Based Sources The potential impacts of dumping-at-sea 141 General 141 Impacts The Planning Authority s Position

135 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Position Paper on Waste Disposal at Sea continued J Purpose of the Paper The scope of this paper is to analyse the current waste management situation with regards to disposal of waste at sea. The document analyses the legal, technical and environmental implications associated with this issue and outlines the Planning Authority s position on the subject. The document is intended to provide guidance for the development of an official policy on dumping-at-sea for inclusion in the Waste Management Subject Plan for the Maltese Islands. Background The Planning Authority is currently finalising the Waste Management Subject Plan for the Maltese Islands, which will be published by mid The Authority has already issued a draft of this plan for public consultation and received a substantial amount of comments from the public. Among these comments, there were a lot of varied suggestions concerning the use of the sea as a location for the dumping of various forms of waste. The most common recommendation was that of dumping inert waste at sea, with the possibility of using the same inert waste for sea reclamation with a view to extend the present landmass. Over the last months, the Maltese Government has also indicated the possibility of using the sea as a location where inert waste could be dumped. The Planning Authority considers that the dumping of waste at sea has potential environmental implications that could be translated into economic and social impacts if not adequately controlled. Due to the importance of this subject and also due to the recent general attention that this issue has received, it has been decided to study the issue and formalise the Planning Authority s position on the subject. 133

136 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Position Paper on Waste Disposal at Sea continued J Current Situation Waste management in Malta is currently almost entirely dependent on the landfill option. Landfills in the Maltese Islands have now become notorious particularly because of evident environmental impacts, notably visual impact and emissions arising from the spontaneous combustion of waste. Over the last years large volumes of inert waste have been generated by the construction industry, with the consequence that existing landfills (actually landraise facilities) had to be raised to significantly higher levels in order to accommodate all the wastes being generated. This has led to considerable visual impacts. Most of the waste entering landfills is in fact inert waste, generally comprising more than 80 percent of the total waste generated in Malta. The Maghtab landfill alone receives more than one million tonnes of inert waste every year (State of the Environment Report, 1998). More quantities of this waste are landfilled in disused quarries, in the main landfill in Gozo, dumped at sea, and also fly tipped in various locations in the countryside. The landfilling of inert waste is posing increasing pressures on the regulators to identify new void space for this activity. Since for a number of reasons licensed void space has been difficult to secure, Maghtab landfill has remained the main site authorised for the disposal of this waste stream. Since the environmental impacts (in particular visual impacts) associated with this landfill have now grown beyond proportion and there is significant pressure to close down Maghtab, regulators are seeking alternative solutions to the inert waste management problem. Among many suggestions as to possible solutions to this problem, some view the dumping of inert waste at sea as a quick solution. There were even suggestions to move material currently present at Maghtab and dump it at sea. The latter option could present significant problems since the inert material at Maghtab is commingled with other wastes rendering it contaminated to a high degree. Such an approach would be unsustainable unless material is treated and rendered completely inert. Currently limited quantities of inert waste originating from some major projects going on in Malta are already being dumped at sea, without any specific environmental assessment 2. This dumping is generally done in an official dumpsite that has existed 2 Further to the issues concerning the dumping of inert waste at sea, it is also worth mentioning that a report prepared by METAP for the Maltese Government claims that a significant amount of oil waste is dumped in landfills or in sewers and is eventually polluting the marine environment (Rambøll, Hannemann & Højlund, 1993, Solid Waste Management Strategy - The Republic of Malta). The same report also says that around tonnes of Cu/Ni grit originating from the dockyards is also being disposed of at sea. Cu/Ni grit is considered to be hazardous, particularly due to the fact that it is often contaminated with TBT compounds. This dumping is in direct contravention of international obligations and the issue should be 134

137 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Position Paper on Waste Disposal at Sea continued J since the British occupation of Malta (location indicated in Figure 1). Selection criteria for this dumpsite have primarily been influenced by maritime operations related to safety of navigation and possibly transportation costs. Dumping of this waste stream at sea is perceived as a possible solution to the problem that has created Maghtab, however the environmental implications of such an option are not always given the due consideration that is merited, especially when dumping-at-sea in locations close to the shore is considered. Being a densely populated nation state with a resident population of around 400,000, Malta s infrastructure needs have to be met within the limited space available. Power stations, desalination plants, ports and harbours all require coastal locations to operate effectively. Over the years, the accessible part of the coastline was modified and used extensively by a variety of uses all competing for the limited space and resources available. Additionally over 1 million tourists require accommodation and recreational facilities, which over time have taken up considerable stretches of the coast. Locating a marine dumpsite close to the shore without any consideration of the physical properties of the site may lead to a significant impact on the natural and socio-cultural value of the coastal environment. This is particularly relevant to Malta, since in addition to the problems associated with environmental damage itself, such damage may impact the highest income-earning sector, tourism, which is highly dependant on the natural resources of the coast, for a number of tourism products. It is envisaged that certain construction projects involving development on the coast may require the dumping of waste at sea as an integral part of the project. Due to the diversity of such potential projects, associated environmental impacts would also be diverse. Consequently the impacts of such projects have to be considered individually on their own merits. given urgent consideration by the Government. 135

138 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Position Paper on Waste Disposal at Sea continued J Figure 1: Official Marine Dumpsite (Coordinates refer to ED 50 Datum) 136

139 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Position Paper on Waste Disposal at Sea continued J Legal framework The issue of the dumping of waste at sea has to be viewed within the existing legal context. National legislation governing this area is quite limited however Malta has a number of international obligations with respect to this issue that provide the context within which dumping-at-sea could be regulated. National Marine Pollution Act, 1977 and Environment Protection Act, 1991 The Marine Pollution Act 1977 never entered into force and it was intended to be replaced by section 25 of the Environment Protection Act of The provisions of section 25 of the EPA have not as yet come into force and the great probability is that this section will never come into force since the EPA is expected to be repealed and replaced by a new act which is currently being under discussion in Parliament. Deposit of Wastes and Rubble (Fees) Regulation, 1997 The main relevance of these regulations to the issue of dumping-at-sea is that they provide for the imposition of a disposal fee for every tonne of waste deposited at sea. This charge is levied by the Ministry for the Environment. Antiquities (Protection) Act, 1925 The Antiquities (Protection) Act provides for the protection of underwater archaeological remains within the Maltese Territorial Waters. Development Planning Act, 1991 This act, as amended in 1997, states that all development including development carried out at sea requires a development permit. The act also provides for the requirement to carry out Environmental Impact Assessments for certain developments that have the potential to create environmental damage. The act also caters for the protection of national heritage including underwater archeology, marine life, etc. within the Maltese Territorial Waters, or to the protection of same heritage by Listing and Scheduling. 137

140 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Position Paper on Waste Disposal at Sea continued J Jurisdiction over territorial waters The MMA is the agency that is empowered by law to have overall jurisdiction of the territorial waters and to prevent and control marine pollution. Official dumping sites are identified by the MMA but since the agency's effort is mainly directed towards navigation and shipping, there has been a trend for matters related to marine pollution to be geared towards safeguarding navigation. International The dumping of waste generated on land into offshore dumpsites by means of specialised dumping vessels has been carried out for a long time by industrialised countries. This section discusses international regulation that is intended to prevent marine pollution from this practice. The main legal instruments that bind Party States to prevent and control marine pollution and to which Malta is signatory are the United Nations Convention on the Law of the Sea, the London Convention and the Barcelona Convention and its related Protocols. This section provides a brief outline of the relevant obligations of signatory states. United Nations Convention on the Law of the Sea The UN Convention on the Law of the Sea, 1982 (UNCLOS) gives a framework for the determination of the rights and obligations of States relating to oceans. Part XII contains provisions with regard to protection and preservation of the marine environment. States are obliged to undertake measures in preventing and controlling pollution of the marine environment. The Convention makes provisions for individual States by invoking them to use the best practicable means at their disposal and in accordance with their capabilities (Art 194). This is not a loophole through which States can carry out activities that may cause pollution in the marine environment. The Convention still calls for States to design measures that will minimise to the fullest possible extent the release of toxic, harmful or noxious substances, especially those which are persistent, from land-based sources, from or through the atmosphere or by dumping (Art 194). Recognising that appropriate waste management strategies can provide measures which reduce those sources of marine pollution, the Convention calls for Party States to act so as not to transfer, directly or indirectly, damage or hazards from one area to another or transform one type of pollution into another (Art 195). There is a clause that caters for sovereign immunity, which exempts vessels and aircraft, owned or operated by a State and used for the time being on government noncommercial service, from the provisions of the Convention. However the Convention still binds States to act in a manner that prevents and controls marine pollution stating that each State shall ensure, by the adoption of appropriate measures not impairing operations or operational capabilities of such vessels... owned or operated by it, that 138

141 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Position Paper on Waste Disposal at Sea continued J such vessels... act in a manner consistent, so far as is reasonable and practicable with this Convention (Art 236). The failure to fulfil these international obligations makes States liable in accordance with international laws (Art 135). However interpreted, the provisions of this convention lend support to a comprehensive approach to waste reduction, management and disposal, encompassing all potential sources of marine pollution and careful consideration of disposal options. London Convention Every party to the Law of the Sea Convention must enact and enforce measures that are no less effective than the London Convention even if it is not a party to the London Convention 3. The Convention defines dumping as wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purposes of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or structures (Art III). The Convention identifies three categories of wastes or other matter depending on their impact on the marine environment. The London Convention uses a so-called black and grey list approach. The black list (Annex I within the convention) contains substances, the dumping of which is prohibited. These substances include fuel oil, lubricating oils, organohalogen compounds and Mercury and Cadmium and their compounds. The grey list (Annex II within the convention) contains substances the dumping of which is only permitted under strict control and provided certain conditions are met. The grey list includes wastes containing significant amounts of copper, nickel and their compounds. The dumping of all other wastes or matter requires a prior general permit (Art IV) issued by the national competent authority. Within the London Convention inert waste (although not directly referred to) is considered to fall within the grey-list. Within the 1996 Protocol, inert waste (specifically referred to, as inert, inorganic geological matter) is one type of waste that may be considered for dumping 4. Any permit shall be issued only after careful consideration of all the factors set forth in Annex III, including prior studies of the characteristics of the dumping site, as set forth in Sections B and C of Annex III. These include location in relation to depth, distance from coast; rate of disposal; hydrographic and bathymetric characteristics. Effects on amenities, marine life and other uses of the sea should also be considered. A significant consideration that is listed is the practical availability of alternative land-based methods of treatment, disposal or elimination, or of treatment to render the matter less harmful for dumping-at-sea. 3 Malta is one of the 78 contracting parties to the convention. 4 Malta has still not ratified or exceeded to the 1996 protocol. 139

142 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Position Paper on Waste Disposal at Sea continued J Nonetheless, acceptance of dumping under certain circumstances shall not remove the obligations to make further attempts to reduce the necessity for dumping, i.e. dumpingat-sea should be considered as a last resort. Barcelona Convention The Barcelona Convention is a framework convention that includes protocols intended to prevent marine pollution originating from the dumping of waste at sea. An overview of the protocols is provided below. Protocol for the Prevention of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft This Protocol is similar to the London Convention where a list of substances whose disposal is prohibited is given. Another list of substances requiring a special permit for discharge is also given. The characteristics of the dumpsite and deposition methods are to be evaluated and parameters are outlined in Annex III of the protocol. Protocol for the Protection of the Mediterranean Sea against Pollution from Land- Based Sources This Protocol applies to polluting discharges reaching the Protocol Area from land-based sources within the territories of the Parties. Annex I lists those substances which are to be prohibited from being discharged into the sea. These substances have been selected on the basis of their toxicity, persistence and bioaccumulation. Substances listed in Annex II, which include substances such as copper, nickel and their compounds, crude oils and hydrocarbons of any origin and substances which, though of a non-toxic nature, may become harmful to the marine environment or may interfere with any legitimate use of the sea owing to the quantities in which they are discharged. Annex III indicates those parameters that must be considered when issuing authorisation for dumping. These include, characteristics and composition of the waste and characteristics of the discharge site and receiving marine environment. 140

143 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Position Paper on Waste Disposal at Sea continued J The potential impacts of dumping-at-sea This section provides a brief outline of the effects and risks associated with dumping of waste at sea. General The marine environment incorporates the seabed and water column. Pollutants have no boundaries in the aquatic medium and are transported by diffusion, by currents and wave motion in a three dimensional manner. Marine pollution may be caused by various factors. Substances can result in marine pollution due to their particular characteristics such as the quantity of a substance, particle size, composition, etc. Another critical factor influencing the extent of impact inflicted on the marine environment is the frequency of dumping/disposal and the consequential extent of exposure to polluting substances. The existing characteristics of the area around the dumpsite such as benthic environment, Chemical and Biological Oxygen Demand (COD, BOD) levels, bathymetry and currents are also important variables. The location of a dumpsite close to the shore is likely to cause more damage since coastal areas sustain ecologically sensitive benthic habitats some of which are of economic significance (e.g. nursery/fishing grounds). The importance of the coastal fringe is due to the fact that up to depths of around 50m, it supports unique habitats that are important in terms of biological diversity. The damage to such habitats could be irreversible. Some of these ecosystems also buffer the coast against wave action thereby reducing coastal erosion. Coastal areas are also important for their amenity value and any dumping occurring in these areas may affect a variety of uses ranging from bathing, water quality for desalination, aquaculture, etc. Impacts Irrespective of whether the waste is hazardous or not, three likely impacts are envisaged to arise from dumping-at-sea, namely increased turbidity of the water column, obliteration of the benthic environment 5 immediately beneath the marine dumpsite and smothering of benthic habitats from the settlement of suspended particles. 5 The benthic environment is the seabed and the sub-stratum including all the habitats it sustains. 141

144 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Position Paper on Waste Disposal at Sea continued J Turbidity of the water column is caused by the particles in suspension; the smaller the particles the longer the suspension period. Increased turbidity reduces light penetration effecting both benthic habitats as well as plankton. There have been instances where the health of pelagic species has also been affected especially through the clogging of fish gills leading to increased infertility. The severity of the impact depends on the frequency of dumping. With short term dumping although the water column will clear eventually, some negative impact will result. The likelihood of severe impact increases with prolonged dumping. The water circulation pattern of the area will affect the rate of dispersal of suspended material. Dumped material will eventually settle on the seabed. As a result of this the area immediately below the dumpsite is impacted severely and the local benthic environment smothered. Obviously the impact will be smaller on bare sandy areas, however if these areas are located in inshore waters, the currents can transport material to other adjacent areas. The longer the process, the wider the affected area. Deposited material may also impair the possibility of utilising minerals and other resources on the seabed, generating potential economic costs in the long term. The severity of impact on the marine environment is particularly dependent on the biochemical nature of the material that is dumped. The impacts associated with dumping inert waste are limited to those described above, namely smothering of seabed and increased turbidity. In the case of dumping (or reclamation) in shallow areas close to the shore, the impacts will also be extended to changes in currents and the hydrodynamic regime of the area and the promotion of associated impacts related to sediment transport phenomena such as coastal erosion and sediment accumulation. Another potential problem that could be associated with inert waste is that the waste may be contaminated with non-inert substances, potentially of a polluting or even possibly hazardous nature. Hazardous waste has the potential for generating a range of impacts. The most negative impacts are those associated with bioaccumulation of heavy metals and inorganic substances in benthic as well as pelagic species (particularly aquaculture species since these are caged within the same location). Besides threatening biodiversity, there is a risk towards human health and safety, following either the consumption of these species or through contact with the contaminated water column (through bathing). In coastal areas, there is a risk of hazardous material that has settled on the seabed to be brought back into circulation through dredging (associated with coastal development) and possibly as a result of trawling activity or in shallower waters, storm action. 142

145 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Position Paper on Waste Disposal at Sea continued J The Planning Authority s Position This section outlines the position of the Planning Authority on the issue of dumping-atsea: The Planning Authority recognises that while dumping-at-sea may be used as a temporary solution to the problems associated with the disposal of inert waste, it is also quite evident that by utilising such a disposal option one can give rise to potentially serious environmental problems, particularly in the unfortunate event that hazardous substances find their way unknowingly or illicitly to the marine environment. Dumping-at-sea shall be avoided as much as practicably possible. Dumping-atsea shall only be acceptable when land-based alternatives have been exhausted and when it can be demonstrated that dumping-at-sea is the Best Practicable Environmental Option (BPEO) for the particular waste stream that needs disposal. Only inert waste originating from construction and demolition activities shall be acceptable for dumping-at-sea. Any inert waste that has been contaminated with other types of waste (e.g. the material currently deposited at landfills) cannot be considered suitable for dumping-at-sea, unless pre-treated and rendered completely inert. Municipal Solid Waste (MSW) and waste originating from industrial and commercial activities (other than inert waste) should be particularly excluded from the possibility of being dumped at sea. The only environmental impacts which will be tolerated are those caused by the physical effects of the dumped material. These physical effects include localised habitat change due to cover by dumped material. Dumping-at-sea should only be carried out in official dumpsites. The latter require development permission. The new EIA regulations demand an assessment of environmental impacts prior to the establishment of a new dumpsite or to the dumping of waste in an existing dumpsite. o Dumping-at-sea should not be considered in areas that are: - Legitimate uses; - fisheries grounds of economic significance; 143

146 Planning Authority Space for Waste: The Waste Management Subject Plan Appendix Position Paper on Waste Disposal at Sea continued J - breeding, nursery or feeding grounds for species of economic/ecological significance; - Marine Conservation Areas; - Bathing areas or upstream of bathing areas; - Areas containing meadows of the sea-grass Posidonia oceanica; - On or close to reefs; - In large shallow inlets and bays; - Important marine archaeological sites; - Other areas that have habitats that require the designation of Special Areas of Conservation as listed in Annex 1 of the Habitats Directive 92/43/EEC. o No dumping shall occur in sensitive coastal areas or in areas where material is likely to be carried towards sensitive sites along the shore. Dumping grounds shall require the preparation of an environmental monitoring programme, the designation of a buffer zone around the dumpsite, and the establishment of control sites in the vi cinity. The dumping of inert waste at sea is to be done in accordance with all international, regional and national obligations within the Dumping Protocol under the Barcelona Convention and the London Dumping Protocol, after obtaining clearance from the bodies representing the respective instruments locally. Since impacts are minimised by the careful selection of dumpsites, the selection of dumpsites should take into account the provisions required under the above-mentioned protocols. Since the dumping of waste at sea constitutes a significant wastage of resources, whenever possible dumping-at-sea should be carried out in a way that makes use of the dumped material (e.g. creation of artificial reefs). This would be subject of the suitability (physical, geo-chemical properties, etc.) of the waste material for such purposes. The assessment of any proposals for dumping waste at sea should include an extensive assessment of the impacts that would arise from vehicles transferring waste to the transportation vessels and also from the construction of transfer facilities on quays. 144