S.L. 549.50 Art. 25Prevention of water status deterioration, air and soil pollution. S.L. 423.20 S.L. 549.10 S.L. 423.16 S.L. 423.20 S.L. 423.20

(1) The operator shall take the necessary measures in order to meet Community or Maltese environmental standards, in particular to prevent, in accordance with the Water Policy

Framework Regulations, the deterioration of current water status, by: inter alia,

(a) evaluating the leachate generation potential, including contaminant content of the leachate, of the backfill during both the operational and after-closure phase of the excavation void, whether created through surface or underground extraction, and determining the water balance of the excavation void, whether created through surface or underground extraction;

(b) preventing or minimising leachate generation and surface water or groundwater and soil from being contaminated by the backfill; and

(c) collecting and treating contaminated water and leachate from the excavation void, whether created through surface or underground extraction, to the appropriate standard required for their discharge.

(2) Where, on the basis of an assessment of environmental risks, taking into account, in particular, the Pollution Caused by Certain Dangerous Substances discharged into the Aquatic Environment Regulations, the Protection of Groundwater against

Pollution caused by Certain Dangerous Substances Regulations, or the Water Policy Framework Regulations, as applicable, the competent authority has decided that collection and treatment of leachate is not necessary or it has been established that the backfilling into the excavation void, whether created through surface or underground extraction, poses no potential hazard to soil, groundwater or surface water, the requirements set out in sub-regulation (1)(b) and (c) may be reduced or waived accordingly.

(3) When backfilling into excavation voids, whether created through surface or underground extraction, which will be allowed to flood after closure, the operator shall take the necessary measures to prevent or minimise water status deterioration and soil pollution in accordance, mutatis mutandis, with sub-regulations (1) and (2):

Provided that the operator shall provide the competent authority with the information necessary to ensure compliance with Community or Maltese obligations, in particular those in the Water Policy Framework Regulations.