VLAREM II
Order of the Flemish Government of 1 June 1995 concerning General and Sectoral provisions relating to Environmental Safety

Preamble not included.

Part 1.
GENERAL PROVISIONS


Chapter 1.1.
LEGAL FOUNDATION AND DEFINITIONS


Legal foundation.


Article 1.1.1. Translation not available

Definitions.


Article 1.1.2. Translation not available

DEFINITIONS: GENERAL
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DEFINITIONS CONCERNING INTERNAL COMPANY ENVIRONMENTAL CARE (Articles 4.1.9.1 up to and including 4.1.9.3.1 of Chapter 4.1)
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Definitions concerning risk management (Section 4.1.12)

- “incident”: event such as fire, explosion or accidental emission caused by uncontrolled developments during the operation of an establishment which could have consequences for man or the environment, either immediately or after a period of time;

- "consequence”: pollution or damage to human health.

DEFINITIONS CONCERNING WASTE TREATMENT (Chapter 5.2.)
GENERAL
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WASTE INCINERATION PLANTS

- “incineration plant”: each technical establishment used for the incineration of waste by oxidation, including pre-treatment, pyrolysis or other thermal treatment processes (for example, the plasma process), to the extent the products of this are incinerated with or without the recovery of the incineration heat produced. This definition covers the premises and the whole installation with the incinerator, the systems for the supply of waste, fuel and air, provisions for waste gas and waste water treatment as well as the equipment and systems for the regulation of the incineration process and for the continuous registering and monitoring of the incineration conditions.

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- “ash”: the ash from the incineration of waste, including bottom ash and grate ash, with the exception of fly ash;

- “fly ash”: the fine ash from the incineration of the waste, which is accumulated during the dedusting or other treatment of waste gases;

WASTE INCINERATION PLANTS AND WASTE CO-INCINERATION PLANTS
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INCINERATION PLANTS FOR WOOD WASTE [...]
WASTE INCINERATION PLANTS AND WASTE CO-INCINERATION PLANTS FOR BIOMASS:
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ANIMAL WASTE [...]
LANDFILLS

- “landfill”: means a waste disposal site for the deposit of the waste onto or into the soil (i.e. underground), including:

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internal waste disposal sites (i.e. landfill where a producer of waste is carrying out its own waste disposal at the place of production), and

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a permanent site (i.e. more than one year) which is used for temporary storage of waste, but excluding:

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facilities where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere, and

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storage of waste prior to recovery or treatment for a period less than three years as a general rule, or

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storage of waste prior to disposal for a period less than one year;

- “mono-landfill”: any landfill where a certain waste originating in large quantities is separately deposited;

- “landfill section”: numbered part of the total available landfill volume;

- “landfill zone”: zone in the landfill where the deposit and compression activities take place and where the waste does not have to be covered in the course of the working day;

- “working face”: width of the landfill zone where the unloading activities for waste take place;

- “barrier layer”: layer on the bottom and walls of the landfill which is to prevent leachate from seeping through to the soil and groundwater;

- “sealant layer”: layer applied on top of a landfill section where the depositing activities have definitively been completed to prevent the penetration of water into the deposited waste;

- “cap”: layer applied on a landfill section on top of the sealant layer upon the definitive completion of the depositing activities;

- “leachate”: any liquid percolating through the deposited waste and emitted from or contained within a landfill;

- “semi-solid” (in relation to sludges): sufficiently dewatered so that the accessibility to and the stability of the landfill are never in jeopardy;

- “solidification”: physicochemical treatment whereby dangerous substances in the waste are immobilised by chemical or physicochemical rearrangement;

- “public landfill”: any landfill which by virtue of the Waste Materials Plan has a public function;

- “landfill dikes”: dikes that skirt the landfill;

“dike slopes”: inclined sections (slopes) of the dikes;

inner slope: slope on the side where depositing takes place;

outer slope: slope on the side of the surrounding parcels;

“dike crown”: top horizontal part of the dike between inner and outer slope;

- “operational phase”: period during which the landfill is operated, including the final finishing work on the landfill;

- “after-care phase”: period following the operational phase;

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

- “landfill gas”: all the gases generated from the landfilled waste;

- “eluate”: the solution obtained by a laboratory leaching test;

Decontamination of infectious waste (Subsection 5.2.2.13)
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DEFINITIONS CONCERNING ASBESTOS MANAGEMENT (Chapters 2.6, 4.7 and 6.4)

- “asbestos”: the fibrous silicates actinolite, amosite (brown asbestos), anthophyllite, chrysotile (white asbestos), crocidolite (blue asbestos) and tremolite;

- "raw asbestos": the product obtained with the first crushing of asbestos-containing rock;

- “Bonded asbestos”: asbestos cement, floor tiles and floor coverings containing asbestos, bitumen and roofing products containing asbestos, and gaskets and seals in which the binding agent consists of cement, bitumen, synthetic material or glue containing asbestos;

- “Non-bonded asbestos”: all other materials containing asbestos;

- “use of asbestos”: activities whereby each year a quantity of more than 100 kg of raw asbestos is treated and which concerns:

a)

the production of raw asbestos from asbestos-containing rock with the exception of all procedures directly relating to the mining of the rock; and/or

b)

the manufacture and industrial finishing of products that contain raw asbestos, such as asbestos friction material, asbestos filters, asbestos fibres, asbestos paper and cardboard, clutch, sealing, packing and reinforcement material of asbestos, floor coverings of asbestos and asbestos-containing filling agents;

 

- “working with asbestos-containing products”: other activities than the use of asbestos, as a result of which asbestos can be released into the environment;

DEFINITIONS CONCERNING COATINGS (Chapter 5.4.)

- “paint or lacquer”: preparations, including all components needed for their application, which are applied as a continuous coat on an object to provide a decorative, protective or other functional effect;

- "organic solvents": each organic substance which at a temperature of 293.15 °K has a vapour pressure of 0.133 kPa or higher, or which under the specific conditions of use has a corresponding volatility, and which:

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either separately or in combination with other agents, is used to dissolve raw materials, products, or waste;

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or which is used as a cleaning product to dissolve soiling substances, or as a dissolving product, or as a dispersion medium, or as a viscosity-controlling product, or as a softener or preservative;

- “pre-treatment”: the removal of soiling, oil and grease, metal scales, annealing skin, mill skin or welding scale, rust or other corrosion products, old coatings, etc. from objects which have to be painted, lacquered or varnished;

- “mechanical pre-treatment”: pre-treatment in a mechanical manner such as scaling, brushing, scraping and (pneumatic, nozzle or wet) sandblasting;

- “thermal pre-treatment”: pre-treatment by burning off or flame blasting;

- “chemical pre-treatment”:

a)

chemical cleaning with:

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an alkaline degreasing agent in degreasing baths, in spray tunnels or with a steam jet;

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organic solvents in immersion baths, spray tunnels, by hand or in vapour degreaser appliances;

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emulsions or with products which form emulsions during cleaning;

b)

pickling to remove oxides or a mill skin;

c)

the application of inorganic conversion coats formed by the action of chemical substances whereby the metal itself works on the coating;

- "pneumatic spraying": the nebulizing of paint using a fast air flow;

- "hot spraying": the spraying of paint where the viscosity of the paint is lowered by increasing the temperature of the paint;

- “airless spraying”: the nebulizing of paint without air flow by spraying it through a narrow, hard, metal sprayer at a very high pressure of approx. 4,000 to approx. 20,000 kPa;

- “electrostatic spraying”: the nebulizing of paint using an electrical high voltage of approx. 90 to approx. 175 kV;

- “electrophoretic coating”: the application of a coating using an immersion tank containing water-soluble coating, whereby an electrical DC current is created between the object and the wall of the tank.

- “enamelling”: the bringing to melting point of a glassy mass on objects, which are then burned in an enamelling kiln at high temperature (approx. 800 to approx. 900°C) with enamel as the result;

- "muffling": the accelerated drying and hardening of lacquer coatings on objects by using object temperatures in excess of 100°C.

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Definitions concerning pesticides (Chapter 5.5.)

1° “pesticide”:

a)

plant protection product: a plant protection product as stated in Article 2 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC;

b)

biocide: a biocide as stated in Article 1, §1, 1° of the Royal Decree of 22 May 2003 concerning the placing on the market and use of biocidal products;

2° “residual liquids”: liquids contaminated with plant protection products, namely:

a)

the highly diluted tank mixtures that remain after effective cleaning in the field of the equipment for the application of plant protection products;

b)

liquids from spills while filling the equipment for the application of plant protection products;

c)

liquids originating in an establishment for the cleaning of equipment, with the exception of portable spraying equipment for the application of plant protection products belonging to an establishment for the storage and treatment of residual liquids;

d)

liquids originating from the cleaning of an establishment for the cleaning of equipment, with the exception of portable spraying equipment for the application of plant protection products belonging to an establishment for the storage and treatment of residual liquids.

DEFINITION OF FUELS (SOLID) (Chapter 5.6.) [...]
DEFINITIONS CONCERNING ANIMALS/MANURE STORAGE (Chapters 5.9. and 5.28.)
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DEFINITIONS CONCERNING ANNUAL EMISSIONS REPORT (Chapter 4.1)

- “ducted emission”: an emission originating from a stack for which there are certain physical characteristics (location, dimensions) and for which the flow rate can be determined;

- “non-ducted emission”: any emission other than ducted emissions;

- “total emission”: the sum of the ducted and the non-ducted emissions.

definitions concerning the treatment of gases (chapter 5.16)
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OZONE LAYER-DEPLETING SUBSTANCES AND FLUORINATED GREENHOUSE GASES

- "ozone layer-depleting substances": the substances included in the table in Annex I of Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer, as subsequently amended, including their isomers, whether alone or in a mixture, and whether they are virgin, recovered, recycled or reclaimed;

- “chlorofluorocarbons (CFCs)”: the substances included in Group I of the table in Annex I of Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer, as subsequently amended, including their isomers;

- “halons”: the substances included in Group III of the table in Appendix I of Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer, as subsequently amended, including their isomers;

- "fluorinated greenhouse gases": hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulphur hexafluoride and other greenhouse gases containing fluorine, referred to in Annex I of Regulation (EC) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on certain fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006, whether alone or in a mixture;

- "hydrofluorocarbons (HFCs)": the hydrofluorocarbons (HFCs) referred to in Part 1 of Annex I of Regulation (EC) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on certain fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006;

- "perfluorocarbons (PFCs)": the perfluorocarbons (PFCs) referred to in Part 2 of Annex I of Regulation (EC) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on certain fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006.

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REFRIGERATION INSTALLATION

- “refrigeration installation”: the whole of the parts and appliances necessary for the operation of a refrigeration system; this also concerns air-conditioning installations and heat pumps that contain a refrigeration system;

- “refrigerant”: fluid that is used in a refrigeration installation for the transfer of heat, which absorbs heat at a low temperature and pressure and which removes heat at a higher temperature and pressure, whereby the physical state of the fluid usually changes;

- “refrigeration system”: whole of parts that contain refrigerant and that are connected to each other in contained conditions in which the refrigerant circulates with the intention of the abstraction or removal of heat;

- "nominal refrigerant content": the quantity of refrigerant with which a refrigeration system is filled to function in the conditions for which it is designed, and whereby the quantity of refrigerant in a buffer or reserve tank connected to the refrigeration installation is also calculated; this is normally the quantity introduced with the first bringing into use;

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- “relative rate of leakage”: the fraction of the nominal refrigerant content that as a result of emissions is lost from the entire installation during a calendar year, proportionate to the nominal refrigerant content. The relative rate of leakage is calculated using the volumes of refrigerant that are added to a system. The relative rate of leakage is determined using the following formula:

L = (B/N) x 100%, where:

1° L: relative rate of leakage;

2° B: sum of all refills during a calendar year (kg);

3° N: nominal refrigerant content of the refrigeration installation (kg).

- "competent refrigeration technician": a technician who is appointed to carry out activities in refrigeration installations in a responsible manner, either directly by the operator, or by the refrigeration company that carries out activities in the refrigeration installation. When carrying out work on refrigeration installations with fluorinated greenhouse gases or ozone layer-depleting substances as stated in Article 5.2.2.5.2, §9, Article 5.16.3.3, §1bis, Article 5bis.15.5.4.5.4, §1, Article 5bis.19.8.4.8.4, §1 and Article 6.8.1.1, the competent refrigeration technician shall possess accreditation as a refrigeration technician as stated in Article 6, 2°, e) of the VLAREL for the category in question, namely I, II, III or IV;

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- “air-conditioning system”: any combination of the components required to provide a form of indoor air treatment in which temperature is controlled or can be lowered. A reversible heat pump is regarded as an air-conditioning system;

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- "nominal refrigeration capacity": the total installed refrigeration capacity specified by the manufacturer and calculated according to standard conditions, as specified in EN 14511-2. If the air-conditioning system at building level consists of a number of individual installations, the capacities of the various individual installations are added together;

- “building”: a roofed construction having walls, for which energy is used to condition the indoor climate.

- "tonne CO2 equivalent": a quantity of greenhouse gases, expressed as the product of the weight of the greenhouse gases in metric tonnes and their global warming potential;

- "global warming potential": the climatic warming potential of a greenhouse gas in relation to that of CO2, calculated in terms of the warming potential over a period of one hundred years of one kilogram of a greenhouse gas in relation to one kilogram of CO2, as stated in Appendix I, II and IV to Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 or, for mixtures, calculated according to the method stated in Appendix IV to the same Regulation.

DEFINITIONS CONCERNING THE INTEGRATED PREVENTION AND COUNTERACTING OF POLLUTION (parts 3, 4 and 5) [...]
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DEFINITIONS CONCERNING NOISE (CHAPTERS 2.2, 4.5, 5.32 AND 6.7)
GENERAL

- "A-Weighing": weighing according to the A-curve, defined in Belgian standard IEC 61672-1;

- “A-weighed sound pressure level LpA”: the A-weighed instantaneous level of the sound pressure;

- “A-weighed equivalent continuous sound pressure level LAeq.T”: the constant A-weighed sound pressure level that during period T would cause the same noise energy as the actually measured A-weighed sound pressure level during the same period T;

- “A-weighed percentage level LANT”: the A-weighed sound pressure level that during N% of period T is exceeded;

- “stable noise”: noise of which the level fluctuations measured as LAeq,1s amount to no more than 5 dB(A);

- "intermittent noise": noise of which the level falls a multiple of times to that of the residual noise, and whereby the noise level during the increase continues for a period in the order of 2 seconds; the level increases are measured as LAeq,1s and have a total duration no longer than 10% of the duration of the assessment period(s) in question; 

- "fluctuating noise": noise of which the level constantly varies to a significant degree; the variations can be either periodic or non-periodic; the level increases are measured as LAeq,1s and have a total duration no longer than 10% of the assessment period(s) in question; 

- "pulsating noise": noise caused by very brief events, shorter than 2 seconds, and of which the level abruptly falls a number of times until reaching that of the residual noise or the original environmental noise; the level increases are measured as LAeq,1s and have a total duration no longer than 10% of the assessment period(s) in question; 

- "incidental noise": noise of which the level increases infrequently resulting from events with a duration longer than 2 seconds; the level increases are measured as LAeq,1s and have a total duration no longer than 10% of the duration of the assessment period(s) in question; 

- "tonal noise": noise of which the tonal nature is demonstrated in the frequency range of 50 Hz to 10,000 Hz by:

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either a linear third octave band analysis (value of a minimum of one third octave band at least 5 dB higher than the value of both adjacent third octave bands);

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or audibility and a narrow band analysis in 1/24 octave bands;

- “environmental noise”: the noise at a given place and at a given time; that applies both in open air and in a closed space;

- “relevant value”: the numerical value of the acoustic magnitude which represents the noise of an establishment or a part of it;

- “specific noise”: the relevant value which may be adapted with an assessment figure; also counted as the specific noise of an establishment is noise resulting from transport, loading and unloading activities, traffic, the warming up or running of engines on the premises of the establishment, as well as incoming and outgoing traffic;

- “residual noise”: noise that exists after the stopping or elimination of one or more specific sources of noise of an establishment which significantly contribute to the environmental noise;

- “original environmental noise”: environmental noise present before the operation or changing of an establishment;

- “assessment period”:

• daytime: the period from 7 a.m. to 7 p.m.;

• evening: the period from 7 p.m. to 10 p.m.;

• night: the period from 10 p.m. to 7 a.m.;

- “duration of measurement”: the total duration of a period in which the noise is actually measured;

- "period of measurement": not necessarily consecutive period which can include multiple measurements;

- "full acoustic investigation": investigation with the intention of obtaining an evaluation according to this Order of an acoustic situation on the basis of immission levels possibly supplemented by proposals for improvement;

- "limited acoustic investigation": investigation that only includes the technical inspection stated in Articles 37 to 56 of the Order of the Government of Flanders of 12 December 2008 implementing Title XVI of the Decree of 5 April 1995 concerning the general provisions related to environmental policy, and is carried out by or under the responsibility of the supervisors;

- “A-weighed maximum sound pressure level measured with the slow time weighing LAmax,slow”: the maximum A-weighed level of the sound pressure, measures with the slow (1 sec) time weighing characteristic S;

- “noise limiter”: a device designed to correct any overrun of a pre-set maximum noise level, either by completely stopping the production of music or by gradually capping the noise level;

- “music”: all forms of music emission, electronically amplified and forthcoming from permanent or temporary sources of noise;

- “musical activity”: any activity, whether or not classified, in which music is produced;

- “special occasion”: such as a fair, carnival, music festival, party, school celebration, annual celebration of an association, wedding, jubilee and other special celebrations and festivities. “.

POLICY TASKS CONCERNING THE ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL NOISE (Section 2.2.4)
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Conditions for loading and unloading operations for certain establishments classified according to Section 16.3.1 (Section 4.5.7)

loading and unloading operations: operations consisting of the loading and unloading of goods and the manoeuvring of the truck to supply the establishments stated in Article 4.5.7.0.1;

the loading and unloading of goods: the loading and unloading of goods from a parked truck at the undertaking's loading and unloading area, including the operations designed to make this possible, such as opening and closing doors and gates. Breaks and other interruptions are not included;

manoeuvring of the truck: the movements and manoeuvres of the truck on the plot or plots used by the establishment for the purpose of reaching the undertaking's loading and unloading area to load and unload goods or to leave the site after loading and unloading goods at the loading and unloading area, including stopping and starting the engine and the idling of the engine while waiting for movements and manoeuvres to be performed;

daytime periphery:

morning periphery: the period from 6 a.m. to 7 a.m.;

evening periphery: the period from 7 p.m. to 11 p.m.;

an indoor loading and unloading area: a loading and unloading area in a closed building, whereby the entire truck is parked in that building and whereby goods are only loaded and unloaded if the entrance gates to the building are closed;

a covered loading and unloading area: a loading and unloading area with a roof that covers at least the entire cargo space of the truck at all times;

an open-air loading and unloading area: a loading and unloading area that is not a covered or indoor loading and unloading area;

loading and unloading operations with silent equipment: loading and unloading operations whereby material is used in accordance with the criteria stated in Appendix 4.5.7.4;

one delivery: the performance of loading and unloading operations whereby one truck supplies the establishment with one cargo of goods;

10° the closest houses: the houses where, at the windows, the highest sound level is expected as a result of the loading and unloading operations;

DEFINITIONS CONCERNING GENETICALLY MODIFIED AND/OR PATHOGENIC ORGANISMS
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Definitions of dangerous products and flammable liquids (Chapters 4.1, 5.17 and 6.5 and Sections 5.6.2 and 5.6.3)
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Dangerous gases
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Dangerous liquids and solids and flammable liquids

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- “flashpoint”: temperature determined according to the regulations of standards NBN T 52-900, NBN T 52-110 and NBN T 52.075;

- “non-flammable materials”: a material is called non-flammable (NBN S21 - 201) when there is no external sign at all of noticeable heat development during a standard test, whereby it is exposed to the prescribed heating;

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- “impervious/impermeable”: with such a low permeability with respect to the products to be retained that pollution of the soil, groundwater and surface water is precluded;

- “bund”: an excavated impervious construction made of non-flammable materials which serves in collecting leaked liquids; also covered by this definition is “collector tray” as referred to in the Order of the Government of Flanders of 27 March 1985 concerning the regulations of activities within water catchment areas and protected zones;

- “containment trench”: an underground construction in brickwork or concrete which does not form part of a building and which is surrounded by a floor, walls and possibly a roofing sheet, in which containers are placed and which serves in collecting leaked liquids in such a way that:

a)

the container(s) placed inside is/are below the level of the adjacent ground so that the top part of the container(s) is/are at least 50 cm under the specified level;

b)

no groundwater can enter the containment trench;

c)

no rainwater can enter the containment trench or, if the containment trench is not covered, it is provided with a system that allows the removal of the water after it has been established that none of the products stored is in this water;

- “permanent leak detection system”: a permanent system that allows the establishing of leaks in an easy manner;

- “tank farm”: a collection of one or more aboveground containers within one bund and with a total capacity of more than 250 m³;

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- “recognised technician”: environmental expert, recognised in the discipline of heating installations working on liquid fuel, in possession of a valid and recognised certificate for the control and the maintenance of heating oil tanks as referred to in Article 6.5.6.3;

- "competent expert": expert associated with an establishment, whose competence for the construction, security, maintenance and control of containers, piping and accessories is accepted by the Division competent for certifications in accordance with Appendix 5.17.8 of this Order;

- “petrol”: an oil derivative, with or without additives, with a specific vapour pressure of 27.6 kilopascal or more according to the Reid method, intended for use as fuel for motor vehicles, with the exception of liquid petroleum gas (LPG);

- "mobile tank": a container transported by road, rail or over water with the exception of seagoing vessels used for the movement of dangerous liquids;

- “ship”: an inland waterway vessel as defined in Article 1.01 of Appendix II to the Royal Decree of 19 March 2009 on technical requirements for inland waterway vessels;

- "distribution installation": an installation where dangerous liquids are transferred from a fixed container to a mobile tank or to mobile receptacles;

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- “independent storage depot”: establishment at which storage tanks are used for the temporary storage of dangerous products on behalf of third parties, and which are neither the product nor the raw material of or for a process installation run by the same operator.

- "dangerous liquids of group 1": flammable liquids of danger category 1, 2 and 3 according to the CLP Regulation with a flashpoint below 55 °C;

- "dangerous liquids of group 2":

a)

Flammable liquids of danger category 3, marked exclusively by danger pictogram GHS02 according to the CLP Regulation, with a flashpoint equal to or greater than 55 °C, and

b)

flammable liquids and petroleum products identified by the GHS02 danger pictogram according to the CLP Regulation, with a flashpoint equal to or higher than 55°C;

- "dangerous liquids of group 3": liquids marked by at least one danger pictogram according to the CLP Regulation, other than dangerous liquids of group 1 and group 2;

- "recognised heating oil technician": recognised heating oil technician as stated in Article 6, 2°, d) of the VLAREL";

CONTROL OF THE EMISSION OF VOLATILE ORGANIC SUBSTANCES (VOS) (Section 5.17.4)
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DEFINITIONS CONCERNING LIGHT NUISANCE (Chapters 4.6. and 6.3.)

- “light nuisance”: nuisance resulting from artificial light;

- “accent lighting”: lighting intended to draw attention to or accentuate the illuminated object;

- “illuminated advertising”: focusing attention on a product, brand name or the name of an establishment by means of illuminated messages.

Definitions concerning air pollution (parts 3, 4, 5, and 6)
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GENERAL
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COMBUSTION PLANTS
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MEASUREMENT AND MANAGEMENT OF FUGITIVE VOC EMISSIONS

1° “fugitive emission”: emission of volatile organic compounds (excluding methane) as a result of losses through leaks in systems and pipes (pipe components);

2° “systems”: all components of an establishment (including peripheral equipment in storage and transshipment installations) which can give rise to fugitive emissions. This shall include:

a)

spindle insets on shut-off and regulation devices;

b)

safety valves whose run-off is not connected to a collection or processing unit;

c)

open - ends;

d)

pumps, compressors and mixing gear (shaft seals);

e)

flanges and other connectors (including flanges and other connectors on valves, pumps, compressors, and mixing gear);

f)

sampling points;

3° “measurement block”: a collection of systems which occur in a clearly demarcated area of the establishment, such as a production unit, a product flow, a tank farm, etc.;

4° "measurement value": the result obtained when measuring a system according to the measurement method in Chapter II of Appendix 4.4.6;

5° “registration criterion”: concentration at which the system is recorded in the inventory; the registration criterion is based on the limit of determination, i.e., if the measurement value exceeds a concentration of 9 ppm;

6° “leaking system”:

a)

for systems that come into contact with product type 1: a system of which the measurement value exceeds a concentration of 500 ppm;

b)

for systems that come into contact with product type 2: a system of which the measurement value exceeds a concentration of 1,000 ppm;

7° “repair criterion”: the measurement value at which the system is in need of repair or replacement;

8° "product type 1":  product containing an average concentration of 5 or more weighted percent of substances to which one or more of the danger statements H340, H350, H350i, H360D or H360F have been assigned in accordance with the CLP Regulation;

9° "product type 2":  product containing an average concentration of less than 5 weighted percent of substances to which one or more of the H340, H350, H350i, H360D or H360F danger statements are assigned in accordance with the CLP Regulation;

10° “sample survey”: percentage of the total number of systems to be measured at least once a year;

11° "initial sample survey": sample survey to be implemented at the start of the measurement and management programme as stipulated in Chapter III of Appendix 4.4.6 of this Order;

12° "modified sample survey": sample survey which is modified on the basis of the number of leaking systems in a previous sample survey as stipulated in Chapter III of Appendix 4.4.6 of this Order.

DEFINITIONS CONCERNING POLICY TASKS RELATING TO EMISSION CEILINGS FOR SO2, NOX, VOC AND NH3 (Chapter 2.10) Translation not available
DEFINITIONS CONCERNING METALS (Chapter 5.29.) [...]
DEFINITIONS CONCERNING MINERAL PRODUCTS (Chapter 5.30.)

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- “mortar or concrete mixing plant”: a permanent establishment for the production of mortar or concrete comprising at least a granulate silo and a mixer.

 

ESTABLISHMENTS FOR THE PRODUCTION OF CERAMIC PRODUCTS (Section 5.30.1.)

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- “ceramic products”: classified as ceramic products are bricks, clay roof tiles, refractory bricks, tiles, pottery or porcelain, expanded clay products, stoneware pipes, agricultural ceramics such as troughs, flower pots and drainpipes;

- “heating installation”: production installation in which the desired characteristics of the ceramic end product are obtained by the direct heating of a shaped and/or dried clay mass in a suitable atmosphere and according to a specific time schedule;

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- “main raw material”: the mixture of all clay and/or loam types used for the manufacture of the ceramic product; additives (auxiliary substances, sands, etc.) do not form part of the main raw material;

Definitions concerning mineral extraction (Chapter 5.18.)

1° “dry mineral extraction below groundwater level”: a dry mineral extraction where there is a water-bearing layer above the layer to be extracted, or where there is a water-bearing layer below the layer to be extracted of which the height of rise comes out above the bottom of the layer to be extracted, regardless of whether there is any run-out of water from the slopes;

2° “breach profile”: a profile with the following gradients:

a)

from a depth of 0 to 5 m: gradient 1:2

b)

from a depth of 5 to 10 m: gradient 1:3

c)

from a depth of 10 to 20 m: gradient 1:4

d)

from a depth of 20 to 30 m: gradient 1:8

e)

from a depth of 30 to 40 m: gradient 1:15

f)

from a depth of 40 to 50 m: gradient 1:25

DEFINITIONS CONCERNING LEISURE ESTABLISHMENTS (Chapter 5.32.)
PREMISES WITH DANCING FACILITIES (Section 5.32.2.) [...]
THEATRES (section 5.32.3. and 5.32.4.)

- “equipped with mechanical devices along the top”: upper part of the stage house (the flies) with equipped grid which makes it possible to work parts of the backdrops and screens during the performances and to store these before or after their use on the stage;

- “equipped with mechanical devices along the bottom”: space located under the plateau (stage floor) fitted with one or a multiple of mechanical appliances which enable the storage of one or a multiple of backdrops and screens;

- “equipped grid”: an open fly supporting the pulleys or the hoists for the stage equipment, this being an entity of cords (cables), pulleys, machines (winches, drums, counterweights, etc.), and battens that enable the handling of parts of screens and the hanging of lighting appliances.

- “fire integrity (or fire resistance)”: the ability of a building component to meet the criteria specified for the standard test for fire integrity for a certain duration of time with respect to load-bearing function, integrity or thermal insulation. The fire resistance of structural elements is indicated in accordance with the European fire resistance classification system, introduced by Commission Decision 2000/367/EC of 3 May 2000 implementing Council Directive 89/106/EEC as regards the classification of the resistance to fire performance of construction products, construction works and parts thereof;

- “reaction to fire”: all the properties that have an impact on the emergence and spread of a fire. The classification of the reaction to fire is indicated in accordance with European Commission Decision 2000/147/EC of 8 February 2000 implementing Directive 89/106/EEC.

INDOOR SHOOTING RANGES (Section 5.32.7.)

- “shooting range”: a building or a part of a building that consists of at least the following spaces:

the shooting area: the space where the actual shooting takes place and which contains the shooting zone;

the shooting zone: the space between the shooter and the target;

and in which the following spaces can also be found:

the armoury: the space where weapons and ammunition are stored;

the maintenance space: the space where the weapons are made ready to use or maintained before or after firing;

the store: the space where the target installation is stored; this space must be adjacent to the shooting area.

OPEN-AIR SHOOTING RANGES (Section 5.32.8.)

- “shooting range”: the entity of throwing machines, shooting position and shooting field serving for one specific discipline;

- “shooting site”: the entity of the parcels on which a shooting range is located;

- “shooting field”: the part of the shooting terrain from the position of the shooters which with normal shooting behaviour can be covered by the projectiles;

- “throwing site”: place where the throwing machine(s) is/are located;

- “shooting position”: place taken up by the shooters when they shoot;

- “operators”: persons at and operating the throwing machines;

- “throw supervisor”: person operating the machine remotely or giving orders to the operators.

- "traditional rifle shooting": shooting with a heavy rifle from a fixed mooring post at a rake in the open air. Shooting takes place on a shooting range, linked to a folkloristic guild of marksmen;

- "HLTS": the "handreiking Limburgs traditioneel schieten" [Limburg guide to traditional shooting], produced under the auspices of the Provincial Executive of Limburg (Netherlands);

- "mooring post": a post with a horizontal support beam at the top on which the heavy rifle rests during shooting;

- "rake": target consisting of three or five uprights, each with cross slats to which wooden balls or cubes are attached;

- "shooting tree": a post to which the rake is attached;

- "ogive": the front of a bullet;

- "carriage": device into which the rifle is clamped on the mooring post and which can be set such that the freedom of movement of the rifle is adequately restricted to capture all bullets in the bullet trap;

- "riflemaster": official who is responsible for ensuring that all the rules are observed during shooting activities.

BATHING POOLS (Section 5.32.9.)
Translation not available
COURSES FOR MOTOR VEHICLES (Section 5.32.10.)

- “motor vehicle”: vehicle powered by a combustion engine, regardless of the fuel used;

- “motor vessel”: vessel powered by a combustion engine, regardless of the fuel used;

- “course”: terrains or waters, or parts of them, not in closed spaces and not on the public highway or public waterway, on which races, obstacle courses, test drives, practice or other recreational uses of motor vehicles/motor vessels take place;

- “establishment requiring quiet”: nursing establishments, homes for the elderly, scientific and educational establishments, culture centres, public libraries or museums in use during the use of a course for motor vehicles;

- “nature reserve, nature park, forest reserve”: the areas as referred to in Article 13 of the Royal Decree of 28 December 1972 concerning the establishment and the application of the draft regional plans and regional plans, forestry reserves as referred to in the Forestry Decree of 13 July 1990 and nature reserves and nature parks as referred to in the law of 12 July 1973 on nature conservation.

Digital cinemas (Section 5.32.5bis)

1° “digital cinema”: an establishment where as a main activity images are projected onto a screen using a digital cinema projector and sounds are reproduced using a digital cinema audio processor;

2° "sound management system": the written rules and guidelines available to the public relating to the operation and maintenance of a digital cinema with a view to managing the sound and controlling sound levels in the cinema, including the current standards applicable in the sector and the generally accepted codes of good practice for the professional category concerned.

Translation not available
DEFINITIONS CONCERNING SURFACE WATER AND GROUNDWATER PROTECTION (INTEGRAL WATER POLICY) (Chapters 2.3, 4.2, 5.3 and 6.2 (surface water) and 2.4, 4.3, 5.52, 5.53, 5.54, 5.55 and 6.9 (groundwater))
INTEGRAL WATER POLICY (EC Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy)
The terms and definitions stated in Article 3, §2, of the Decree of 18 July 2003 concerning integral water policy and the definitions stated in Article 2 of the Decree of 24 January 1984 concerning measures related to groundwater management also apply to this Order.
GENERAL
Translation not available
ENVIRONMENTAL QUALITY STANDARDS FOR SURFACE WATER (WITH THE EXCEPTION OF THE MANAGEMENT OF BATHING WATER QUALITY)
Translation not available
BATHING WATER QUALITY (Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC) (Section 2.3.3, Section 2.3.7, Article 5.32.9.8.2 and Part II of Appendix 2.3.3)

1° “surface water”: inland waters, with the exception of groundwater, transitional water and coastal waters;

2° “inland water”: all standing or flowing water on the surface of the land and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured;

3° “transitional waters”: bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of proximity to coastal waters but which are substantially influenced by freshwater flows;

4° “coastal water”: surface waters, located on the landward side of the baseline from which the breadth of territorial waters is measured, extending if necessary to the outer limit of transitional waters;

5° “river basin”: the area of land from which all water running over the surface flows, via a series of streams, rivers or lakes, into the sea via a river mouth, estuary or delta;

6° “permanent”: in relation to a bathing prohibition or advice against bathing, lasting at least one whole bathing season;

7° "large number": in relation to bathers, a number which, at the time of designation as bathing water in accordance with the provisions of this Order, is considered to be large, having regard to past trends or to any infrastructure or facilities provided, or other measures taken to promote bathing;

8° "pollution": the presence of microbiological contamination or other organisms or waste affecting bathing water quality and presenting a risk to bathers' health stated in Articles 2.3.7.5.2, 2.3.7.5.3 and 2.3.7.5.4 and Article 1, §1, column A of Part II of Appendix 2.3.3;

9° “bathing season”: the period during which large numbers of bathers can be expected;

10° “management measures”: the following measures undertaken with respect to bathing water:

a)

establishing and maintaining a bathing water profile;

b)

establishing a monitoring calendar;

c)

monitoring bathing water;

d)

assessing bathing water quality;

e)

classifying bathing water;

f)

identifying and assessing causes of pollution that might affect bathing waters and impair bathers’ health

g)

giving information to the public;

h)

taking action to prevent bathers’ exposure to pollution;

i)

taking action to reduce the risk of pollution;

11° "short-term pollution": microbiological contamination, as stated in Article 1, § 1, column A of Part II of Appendix 2.3.3, that has clearly identifiable causes, is not normally expected to affect bathing water quality for more than approximately 72 hours after the bathing water quality is first affected and for which the Flanders Environment Agency has established procedures to predict and deal with in accordance with Article 4, of Part II of Appendix 2.3.3;

12° “abnormal situation”: an event or combination of events impacting on bathing water quality at the location concerned and not expected to occur on average more than once every four years;

13° “set of bathing water quality data”: data obtained in accordance with Article 2 of Part II of Appendix 2.3.3;

14° "bathing water quality assessment": the process of evaluating bathing water quality according to the assessment method stated in Article 4 of Part II of Appendix 2.3.3;

15° “cyanobacterial proliferation”: an accumulation of cyanobacteria in the form of a bloom, mat or scum.

GROUNDWATER

groundwater quality standard: an environmental quality standard, expressed as the concentration of a particular pollutant, group of pollutants or indicator of pollution in groundwater, which should not be exceeded in order to protect human health and the environment;

background level: the concentration of a substance or the value of an indicator in a body of groundwater corresponding to no or only very minor anthropogenic alterations to undisturbed conditions;

3° threshold value: a groundwater quality standard for all pollutants, groups of pollutants and indicators of pollution for which it has been established, in accordance with the analysis of characteristics under Article 60 of the Decree of 18 July 2003 concerning the integral water policy, that bodies of groundwater or groups of bodies of groundwater run the risk of not achieving a good chemical status of the groundwater.

WASTE WATER CONTROLS

- “daily average”: the level or concentration determined on the basis of 24-hour sampling with a proportionate flow

- "monthly average": the value determined on the basis of the composition of all 24-hour samples with a proportional flow rate for the month concerned.

[...]

- "limit of detection": the output signal or the concentration above which it may be claimed with a stated level of confidence that a sample differs from a blank sample that does not contain a relevant quantity to be determined.

- "limit of determination": a stated multiple of the detection limit for a concentration of the quantity to be determined that can reasonably be determined with an acceptable level of accuracy and precision. The limit of determination can be calculated using a suitable standard or a suitable sample and can be obtained from the lowest calibration point on the calibration curve, with the exception of the blank.

 

- “reporting limit”: the value below which a component is reported as unquantifiable (“<“). This is equivalent to at least the limit of determination.

[...]

[...]

- “reference measurement method”: method that must be used to determine a particular parameter. Unless indicated otherwise, this method is described in the water analysis compendium (WAC). The compendium is a collection of methods for taking samples and carrying out measurements and analyses, which include European (EN), international (ISO) or other standardised methods or methods validated by the reference laboratory of the Flemish Region on behalf of the Government of Flanders. The compendium is approved by ministerial decision and its table of contents is published by excerpt in the Belgian Official Journal.

- "measurement uncertainty": a non-negative parameter that characterises the spread of the quantitative values assigned to a quantity to be measured, based on the information used. The measurement uncertainty specified in Appendix 4.2.5.2, Article 4 is half the length of an interval around the analysis result within which the actual value is expected to lie for a reliability level of 95%, and is expressed as a percentage of the analysis result. The measurement uncertainty is calculated according to a method stipulated by the minister.

URBAN WASTE WATER

- “urban waste water”: domestic waste water or a mixture of domestic waste water and/or industrial waste water and/or run-off rain water;

- “collection system”: a system of conduits which collects and conducts urban waste water

- “primary treatment”: the treatment of waste water by a physical and/or chemical process involving settlement of suspended solids, or other processes which the biochemical oxygen consumption of the incoming waste water before discharging is reduced in 5 days at 20°C by at least 20%, and the total suspended solids in the incoming waste water are reduced by at least 50%;

- “secondary treatment”: treatment of waste water by a process generally involving biological treatment with secondary settlement, or another process whereby the values of the sectoral emission limit values for effluent water established in these regulations are respected;

- “appropriate treatment”: treatment of waste water by any process and/or disposal system, which after discharge allows the receiving waters to meet the relevant quality objectives and the relevant provisions of these regulations;;

- “sludge”: residual sludge whether treated or untreated from water treatment plants;

- “agglomeration”: an area where the population and/or the economic activities are sufficiently concentrated for urban waste water to be collected and conducted to an urban waste treatment plant or to a final discharge point;

- “vulnerable areas”: in accordance with Directive 91/271/EEC concerning the treatment of urban waste water, for the application of Section 2.3.6. and 5.3.1, vulnerable areas are considered to be a water mass included in the following groups:

natural freshwater lakes, other freshwater masses, estuaries and coastal waters which are eutrophic or may be eutrophic in the near future if protective measures are not taken;

surface waters intended for the catchment of drinking water, which could contain a higher nitrate concentration than is established in accordance with the immission standards in question if no measures are taken;

areas where further treatment to that specified in Section 5.3.1. is needed to comply with Directive 91/271/EEC.

With regard to group sub 1°, the following elements can be taken into consideration when it is determined which nutrients must be reduced by further treatment:

a)

lakes and rivers flowing into lakes, reservoirs or closed bays in which low water replenishment is established so accumulation can occur; in these areas phosphorous must also be removed from the waste water unless it can be demonstrated that its removal has no effect on the level of eutrophication; where discharges from large agglomerations take place, the removal of nitrogen can also be considered;

b)

estuaries, bays and other coastal waters in which low water replenishment is established, or which contain large quantities of nutrients; discharges from small agglomerations in these areas are usually of less importance, but for large agglomerations phosphorous and/or nitrogen must also be removed unless it can be demonstrated that their removal has no effect on the level of eutrophication.

- “Population equivalent (P.E.): the organic biodegradable load having a five-day biochemical oxygen demand at 20°C (BOC520) of 60 g oxygen per day.

WASTE WATER PARAMETERS

Abbreviations:

 

a)

"pH": acidity;

b)

"BOC": biochemical oxygen consumption in 5 days at 20°C;

c)

"COC": the chemical oxygen consumption;

d)

"CCl4 extractable substances": the level of non-polar hydrocarbons extractable with carbon tetrachloride;

e)

"PCB": polychlorinated biphenyls;

f)

"T.O.C.": the level of totally organic carbon;

g)

"T.O.X.": the level of totally organically bound halogen, expressed in chlorine;

SECTORAL CONDITIONS ABBREVIATIONS

a)

"N/A": not applicable;

b)

"n.v.o.": not visually observable;

c)

"v.g.t.g.": permitted level to be established in the licence in cases where no sectoral discharging conditions have been imposed for the parameter concerned.

CONCORDANCE TABLE FOR SPECIFIC DISCHARGE PARAMETERS

The names in the first column are no longer used and have been replaced by the corresponding names in the second column:

 

Old terminology

New terminology

active chlorine

free chlorine

active chlorine and bromine

free chlorine

ammoniacal nitrogen

ammonium

borates

boron

CCl4 extractable substances

perchloroethylene extractable apolar substances

chloroanilines

chlorinated aromatic amines

chlorine oxidisable cyanides

free cyanide

cobalt

cobalt

cyanide(s)

total cyanide

DDT

sum of p,p’ -DDT, o,p’ -DDT, p,p’ -DDE and p,p’ -DDD

detergent(s)

sum of anionic, non-ionogenic and cationic surfactants

drins

sum of aldrin, dieldrin, endrin and isodrin

faecal colibacteria

E. coli

faecal streptococci

enterococci

fluoride

total inorganically bound fluoride

phosphates or total phosphates

total phosphorus

chlorinated hydrocarbons or halogenated hydrocarbons or organohalogens or organic halogen compounds

sum of volatile organic halogen compounds, partly volatile organic halogen compounds, PCBs and organochlorine pesticides

conductibility

electrical conductivity

easily dissolvable cyanide

free cyanide

easily dissolvable cyanide (Bucksteeg)

free cyanide

hexachlorocyclohexane (HCH)

sum of α, β, γ and δ-HCH

colouring

colour

nitrates

nitrate

dissolvable cyanide (Bucksteeg)

free cyanide

surfactants

sum of anionic, non-ionogenic and cationic surfactants

organic chlorine

AOX

organic phosphorus pesticides

organophosphorous pesticides

pesticides

sum of organochlorine pesticides, organophosphorous pesticides, nitrogen pesticides, acid herbicides and phenols

selenium

selenium

sulphides

sum of dissolved and acidic environment soluble sulphide

TOX

AOX

total fluorine

total inorganically bound fluoride

trichlorobenzene (TCB)

sum of 1,3,5-, 1,2,4- and 1,2,3-trichlorobenzene

 

[...] [...]
Translation not available
Translation not available
DEFINITIONS CONCERNING AIRFIELDS (Chapter 5.57)
- “A-weighted sound exposure level of a noise SEL”: the constant A-weighted sound pressure level that during a period of 1 second would cause the same sound energy as the actual A-weighted sound pressure level during the noise.
DEFINITIONS CONCERNING SEAPORT AREAS (Chapter 5.48)

- “handling”: the loading, unloading, stowing, unstowing, trimming, pouring and activities inherent to loading and unloading activities;

- “transit storage depot”: storage site in which goods, products or substances either awaiting their shipment or dispatch, or after shipment or dispatch, are temporarily stored for a period which does not exceed the maximum storage period in seaport areas, determined in the relative orders issued by the harbourmaster;

- “short-term storage”: storage on the quay side of the goods, products or substances shipped or to be shipped for a maximum period of 30 successive calendar days for IMDG goods, and for a maximum period specified by the harbourmaster for non-IMDG goods;

- "seaport area": the zone intended for storage given in concession or leased by the harbourmaster, or of which the operator disposes, for the sole purpose of handling goods in transit, as delimited in the regional spatial plan relating to the demarcation of seaport areas in accordance with Article 3 of the Decree of 2 March 1999 on the policy for and management of seaports;

- “quaysides”: zones for short-term storage on a quay wall and given in concession or leased by the harbourmaster, or of which the operator disposes, with the intention of only handling transit goods to which the seaport regulations apply.

DEFINITIONS CONCERNING ACTIVITIES MAKING USE OF ORGANIC SOLVENTS (Chapter 5.59)

1° “installation”: a stationary technical unit where one or more activities stated in Article 5.59.1.1 are carried out, and any other directly associated activities on the same site which have a technical connection with the activities and which could have an effect on emissions and pollution;

2° “existing installation”: an installation that was operational on 29 March 1999 or an installation for which a licence was granted or notification took place before 1 April 2001, or for which a full licence application was submitted before this date, providing that the installation was brought into use a year after this date at the latest. [...]

3° “small installation”: an installation with the lowest threshold value of points 1, 3, 4, 5, 8, 10, 13, 16, and 17 of Appendix 5.59.1 or, for the other activities of Appendix 5.59.1, which consume less than 10 tonnes of solvent per year;

significant change:

a change in the nature or functioning, or the extension of an installation which, in the opinion of the competent authority, could have significant negative effects on human health or the environment.

 

The following changes are defined as significant:

 

a)

for a small installation: a change in the nominal capacity resulting in an increase in emissions of volatile organic compounds by more than 25%;

b)

for all other installations: a change in the nominal capacity resulting in an increase in emissions of volatile organic compounds by more than 10%.

[...]

6° “fugitive emissions”: any emissions, not in waste gases, of volatile organic compounds into air, soil or water as well as, unless stated otherwise in Appendix 5.59.1, solvents contained in any products. They include uncaptured emissions released to the outside environment via windows, doors, vents and similar openings;

7° “waste gases”: the final gaseous discharge containing volatile organic compounds or other pollutants, from a stack or abatement equipment into the air. The volumetric flow rates shall be expressed in Nm³/hour;

8° “total emission”: the sum of fugitive emissions and emissions in waste gases;

[...]

[...]

- “mixture”: mixtures or solutions composed of two or more substances;

12° “organic compound”: any compound containing at least the element carbon and one or more hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;

13° "volatile organic compound (VOC)": any organic compound having at 293.15 K a vapour pressure of 0.01 kPa or more, or having a corresponding volatility under the special conditions of use. The fraction of creosote which exceeds this value of vapour pressure at 293.15 K shall be considered to be a VOC;

14° “organic solvent”: any VOC which is used alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials, or is used as a cleaning agent to dissolve contaminants, or as a dissolver, or as a dispersion medium, or as a viscosity adjuster, or as a surface tension adjuster, or a plasticiser, or as a preservative;

15° “halogenated organic solvent”: an organic solvent which contains at least one atom of bromine, chlorine, fluorine or iodine per molecule;

16° “coating”: any mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used to provide a film with decorative, protective or other functional effect on a surface;

17° “adhesive”: any mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used to adhere separate parts of a product to one another;

18° “ink”: a mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used in a printing activity to impress text or images on to a surface;

19° “lacquer”: a transparent coating;

20° “consumption”: the total input of organic solvents into an installation per calendar year, or any other 12-month period, less any VOCs that are recovered for reuse;

21. “input”: the quantity of organic solvents and their quantity in mixtures used when carrying out an activity, including the solvents recycled inside and outside the installation, and which are counted every time they are used to carry out the activity;

22° “reuse of organic solvents”: the use of organic solvents recovered from an installation for any technical or commercial purpose and including use as a fuel but excluding the final disposal of such recovered organic solvents as waste;

23° “mass flow”: the quantity of VOCs released, in units of mass/hour;

24° “nominal capacity”: the maximum mass input of organic solvents by an installation averaged over one day, if the installation is operated under conditions of normal operation at its design output;

25° “normal operation”: all periods of operation of an installation or activity except start-up and shut-down operations and the maintenance of equipment;

26° “closed system”: conditions under which an installation is operated such that the VOCs released from the activity are collected and discharged in a controlled way either via a stack or abatement equipment and are therefore not entirely fugitive;

27° “24-hour average”: the registered arithmetic mean of all valid readings taken during a 24-hour period of normal operation;

28° “start-up and shut-down”: operations while bringing an activity, an equipment item or a tank into or out of service or into or out of an idling state. Regularly oscillating activity phases are not to be considered as start-ups and shut-downs;

29° “vehicle”: the following categories of vehicles as defined in the Royal Decree of 15 March 1968 issuing general regulations on technical requirements for motor vehicles and their trailers, parts and safety accessories: cars defined as category M1, vans and trucks defined as categories N1, N2 and N3, truck cabins defined as the housing for the driver, and all integrated housing for the technical units intended for trucks defined as categories N1, N2 and N3, buses defined as categories M2 and M3, and trailers, including semi-trailers, defined as categories O1, O2, O3 and O4;

[...]

[...]

[...]

[...]

Definitions concerning energy planning and energy audits (Chapter 4.9)

- “energy plan”: an energy plan in accordance with the provisions of Article 6.5.4 of the Energy Order;

- “updated energy plan”: an updated energy plan in accordance with the provisions of Article 6.5.7 of the Energy Order;

- “energy study”: an energy study in accordance with the provisions of Article 6.5.4 of the Energy Order;

- “energy consumption”: the primary electricity and energy consumption of energy carriers and not the non-energetic consumption of energy carriers in the form of energy carriers applied as raw material

- “energy audit”: a systematic procedure with the aim of collecting sufficient information about the current energy consumption profile of a building or group of buildings, of an industrial or commercial activity or installation or of private or public services, facilities to identify and quantity cost-effective energy savings and to report back on the results;

DEFINITIONS CONCERNING EMISSIONS OF GREENHOUSE GASES (Chapter 4.10)
Translation not available
DEFINITIONS CONCERNING WASTE FROM EXTRACTIVE INDUSTRIES (Chapter 2.12, 5.2 (Section 5.2.6) and 5.18; Appendices 5.2.6.1, 5.2.6.2 and 5.2.6.3)

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

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

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

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

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

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

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

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

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

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

a)

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

b)

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

c)

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

d)

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

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

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

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

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

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

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

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

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

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

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

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

[...]

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

DEFINITIONS CONCERNING ELECTROMAGNETIC WAVES (Chapters 2.14 and 6.10)
Translation not available
Definitions concerning wind turbines (Section 5.20.6)
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Definitions of activities at certain installations with fluorinated greenhouse gases or ozone layer-depleting substances (Chapter 4.4 (Section 4.4.8), Chapter 5.2 (Article 5.2.2.5.2, §9), Chapter 5.15 (Article 5.15.0.8), Chapter 5.16 (Article 5.16.3.3, §1bis), Chapter 5bis.15.5 (Article 5bis.15.5.2.3, §1, Article 5bis.15.5.4.5.4, §1, and Article 5bis.15.5.4.5.7, §2), Chapter 5bis.19.8 (Article 5bis.19.8.4.8.4, §1, and Article 5bis.19.8.4.8.7, §2) and Chapter 6.8 (Article 6.8.1.1 and Section 6.8.2 to 6.8.5 inclusive)
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Chapter 1.2.
AUTHORISATION FOR AMENDMENT AND THE GRANTING OF EXCEPTIONS


Section 1.2.1.
Amending powers


Article 1.2.1.1. The provisions included in the appendices to this Order concerning measurement and analysis methods and codes of good practice can be amended by the Flemish minister.

Section 1.2.2.
Individual possibilities of exceptions for all establishments


Article 1.2.2.1. Translation not available

Article 1.2.2.1bis. Translation not available

Article 1.2.2.2. Translation not available

Article 1.2.2.3. Special possibilities of exceptions for some establishments classified in the third category.

Translation not available

Section 1.2.2bis.
Individual exceptions from the BBT-GEN for integrated pollution prevention and control installations


Article 1.2.2bis.1. [...]

Article 1.2.2bis.2. [...]

Article 1.2.2bis.3. [...]

Article 1.2.2bis.4. [...]

Section 1.2.2ter.
Procedure for individual derogations permitted by the minister


Article 1.2.2ter.1. Translation not available

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Article 1.2.2ter.3. Translation not available

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Article 1.2.2ter.7. Translation not available

Section 1.2.3.
The granting of exceptions to general conditions or conditions applicable per category of establishment

Translation not available

Article 1.2.3.1. Translation not available

Section 1.2.4.
Previously granted exceptions

Translation not available

Article 1.2.4.1. Translation not available

Chapter 1.3.
RECOGNISED ENVIRONMENTAL EXPERTS


Section 1.3.1.
General provisions


Article 1.3.1.1.

§ 1.

The following definitions apply for taking samples, measurements and tests and making analyses as stated in the general and sectoral environmental conditions and in the specific licence conditions of certain establishments or parts of establishments:

a laboratory in the discipline of water: a laboratory in the discipline of water, recognised to perform such sampling, measurements, tests or analyses in application of the Order of the Government of Flanders of 19 November 2010 establishing the Flemish Regulations on Recognition regarding the Environment; for the sub-areas of waste water, surface water, groundwater or drinking water;

a laboratory in the discipline of air: a laboratory in the discipline of air, recognised to perform such sampling, measurements, tests or analyses in application of the Order of the Government of Flanders of 19 November 2010 establishing the Flemish Regulations on Recognition regarding the Environment;

an environmental expert in the discipline of soil corrosion: an environmental expert in the discipline of soil corrosion, recognised to perform such tests in application of the Order of the Government of Flanders of 19 November 2010 establishing the Flemish Regulations on Recognition regarding the Environment;

an environmental expert in the discipline of containers for gases or dangerous substances: an environmental expert in the discipline of containers for gases or dangerous substances, recognised to perform such testing in application of the Order of the Government of Flanders of 19 November 2010 establishing the Flemish Regulations on Recognition regarding the Environment.

 

No-one may perform these sampling activities, measurements, tests and analyses without being in possession of recognition for this, if applicable, as stated in:

Appendix 3, 1° of the Order of the Government of Flanders of 19 November 2010 establishing the Flemish Regulations on Recognition regarding the Environment for a laboratory in the discipline of water;

Appendix 3, 2° of the Order of the Government of Flanders of 19 November 2010 establishing the Flemish Regulations on Recognition regarding the Environment for a laboratory in the discipline of air;

Appendix 4, 1° of the Order of the Government of Flanders of 19 November 2010 establishing the Flemish Regulations on Recognition regarding the Environment for an environmental expert in the discipline of containers for gases or dangerous substances. 

 

§ 2.

For performing acoustic tests and drafting and guiding remediation plans as stated in the general and sectoral environmental conditions and in the special licensing conditions of certain establishments or parts thereof, an environmental expert in the discipline of sound and vibrations means: an environmental expert in the discipline of sound and vibrations, sub-area sound, recognised according to the Order of the Government of Flanders of 19 November 2010 establishing the Flemish Regulations on Recognition regarding the Environment.

 

§ 3.

For the taking of samples and the carrying out of measurements, tests and analyses as stated in the general and sectoral environmental conditions and in the special licensing conditions of certain establishments or parts thereof, an environmental expert in the discipline of waste or soil means: a laboratory in the discipline of waste substances and other materials or in the discipline of soil, sub-area soil remediation, recognised for carrying out such sampling, measurements, tests or analyses in application of the VLAREL.

 

§ 4.

In this Order, the following definitions apply

environmental expert in the discipline of electrical installations: a recognised body as stated in Article 275 of the General Regulations on Electrical Installations (AREI);

environmental expert in the discipline of containers for compressed, liquefied or dissolved gas: a recognised external service for technical inspections at the workplace as stated in the Royal Decree of 29 April 1999 concerning the recognition of external services for technical inspections at the workplace, for the area of inspections of gas containers.

Environmental expert in the discipline of pressure vessels: a recognised notified body or inspection service of users as stated in Chapter VIII of the Royal Decree of 13 June 1999 on the placing on the market of pressure equipment, for the application of the procedures stated in European Directive 97/23/EC on the approximation of the laws of the Member States concerning pressure equipment or a recognised notified body as stated in Article 12 of the Royal Decree of 11 June 1990 on the placing on the market of simple pressure vessels, for the application of the procedures stated in European Directive 2009/105/EC relating to simple pressure vessels.


Section 1.3.2.
Recognition conditions and procedure


Article 1.3.2.1. [...]

Article 1.3.2.2. [...]

Article 1.3.2.3. [...]

Section 1.3.3.
Obligations of the recognised environmental expert


Article 1.3.3.1. [...]

Article 1.3.3.2. [...]

Section 1.3.4.
Government laboratories


Article 1.3.4.1.

The Flanders Environment Agency (VMM), Air, Environment and Communication Division, is recognised for the development and use of measurement networks for the measuring of the pollution of the ambient air and the monitoring of the air quality as stated in Articles 2.2.6 and 10.2.4 of the Decree of 5 April 1995 concerning the general provisions related to environmental policy. This concerns the monitoring and the measuring of the pollution of the ambient air within the framework of the following measurement networks:

 

1°  telemetric measuring network for air, for the monitoring of progress of the general air quality for air-polluting substances, in particular: SO2, NO, NO2, O3, CO, CO2, BTEX, VOS, sampling and gravimetric determining of dust particles, the continuous measurement of dust particles with specific size characteristic;  
local measurement networks in areas with an acute local problem of air pollution, in particular: SO2, H2S, organic sulphur compounds, NO, NO2, O3, CO, CO2, BTX, VOS, sampling and analysis of black smoke according to the OECD method, sampling and gravimetric determining dust particles, the continuous measurement of dust particles with specific size characteristics;

mobile measurements of air pollution for air-polluting substances, in particular: SO2, H2S, organic sulphur compounds, NO, NO2, O3, CO, CO2, BTX, VOS, total hydrocarbons and total dust content; 

measuring for heavy metals in suspended particulate matter, in particular: As, Cd, Cu, Ni, Pb, Sb and Zn;
measuring for heavy metals in falling dust, in particular: As, Cd, Cu, Ni, Pb and Zn;
deposition network acidification for the determination of inorganic substances in the ambient air, in dry, wet and total deposition, in particular: ammonia, ammonium, calcium, chlorides, fluorides, potassium, magnesium, sodium and sulphates;
7°  measurement networks for the determining of organic substances in the ambient air, in dry, wet and total deposition, in particular: PAHs, nitro-aromatic hydrocarbons, VOC and HVOC;

 

 


Article 1.3.4.2.

The Flanders Environment Agency (VMM), Air, Environment and Communication Division:

 

1°  each year draws up a report on the work carried out and the internal quality care, and sends this to the Division competent for certifications;  

takes part, directly or through the Belgian Interregional Cell for the Environment (IRCEL), in the external quality controls related to measurement networks for the air quality organised by the reference laboratory of the EU; the results of these activities are included in the annual report, as referred to in 1°.

 

 

 


Article 1.3.4.3. The calibration database of the Flanders Environment Agency and the Interregional Centre for the Environment (IRCEL) apply as benchmark of immission measurements as stated in Article 1.3.4.1.

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Part 2.
ENVIRONMENTAL QUALITY STANDARDS AND RELATIVE POLICY TASKS


Chapter 2.1.
GENERAL PROVISIONS


Article 2.1.1.

§ 1.

Unless explicitly indicated otherwise, the environmental quality standards established in this part determine the quality requirements to be met for the aspect concerned of the environment throughout the whole of the Flemish Region.

 

§ 2.

The policy tasks included in this part concern a number of the tasks to be completed by the authorities to maintain or achieve the quality standards set (such as in the field of licensing policy), data inventories, and the provision of information and communication to the EU Commission or to other Member States.

 

§ 3.

The policy tasks concerning data inventories and the provision of information and communication to the EU Commission or other Member States are a responsibility of the minister, with preparation by the specified administrations.


Article 2.1.2. The environmental quality standards established in this part are maintained by the authorities with the planning and execution of their policy.

Article 2.1.3. The long-term development and the protection of a healthy environment are general basic environmental quality standards.

Chapter 2.2.
ENVIRONMENTAL QUALITY STANDARDS FOR NOISE AND RELATIVE POLICY TASKS


Article 2.2.0.1. Translation not available

Section 2.2.1.
Environmental quality standards and guide values for noise in open air


Article 2.2.1.1.

The values given in Appendix 2.2.1 in dB(A) apply as environmental quality standards for the LA95,1h level of ambient noise in open air.

 

For the assessment of the noise of establishments these values in dB(A) apply as guide values against which the specific noise of an establishment is measured.


Section 2.2.2.
Guide values for noise heard indoors


Article 2.2.2.1. For the assessment of the noise of establishments which have no common wall and/or floor with inhabited spaces, the values in dB(A) given in Appendix 2.2.2. apply as guide values for indoors against which the specific noise of an establishment is measured.

Section 2.2.3.
Environmental quality standards for ambient noise

Translation not available

Article 2.2.3.1.

§ 1.

In accordance with Article 2.2.1. of the Decree of 5 April 1995 concerning the general provisions related to environmental policy, the Government of Flanders can determine environmental quality standards for ambient noise.

 

§ 2.

The Government of Flanders can determine special environmental quality standards for sanctuaries and problem zones as established in the strategic noise mapping.

 

§ 3.

Special environmental quality standards can be developed depending on the environment or the sensitivity of the population, whether this concerns existing or new situations and according to the type of ambient noise.


Section 2.2.4.
Policy tasks concerning the assessment and management of environmental noise.


Subsection 2.2.4.1.
Objective.


Article 2.2.4.1.1. Translation not available

Subsection 2.2.4.2.
Execution and responsibilities


Article 2.2.4.2.1. Translation not available

Subsection 2.2.4.3.
Strategic noise mapping


Article 2.2.4.3.1. Translation not available

Subsection 2.2.4.4.
Noise action programmes

Translation not available

Article 2.2.4.4.1. Translation not available

Subsection 2.2.4.5.
Cross-border cooperation


Article 2.2.4.5.1. Translation not available

Subsection 2.2.4.6.
Submission of information and reports


Article 2.2.4.6.1. Translation not available

Chapter 2.3.
ENVIRONMENTAL QUALITY STANDARDS FOR SURFACE WATERS AND RELATIVE POLICY TASKS


Article 2.3.0.1.

The provisions of this Chapter are established in pursuance of the Law of 26 March 1971 on the protection of surface waters from pollution and the Decree of 18 July 2003 concerning the integral water policy.


This Chapter provides for the partial transposition of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy and Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks.


Section 2.3.1.
Environmental quality standards for surface waters and relative policy tasks


Article 2.3.1.1.

This Section provides for the partial transposition of Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC, and amending Directive 2000/60/EC, and for the partial transposition of Directive 2013/39/EU of the European Parliament and of the Council of 12 August 2013 amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy.

 

The guide values stated in Appendix 2.3.1 shall be used as basic environmental quality standards for assessing the good ecological and good chemical status of surface waters. In the river basin management plans, the assessment of ecological status is divided into five classes, namely "very good", "good", "moderate", "unsatisfactory" and "poor".

 

In accordance with Article 60, paragraph 1, 1°, a), 2), 3) and 4) of the Decree of 18 July 2003 concerning the integral water policy, the surface water bodies are divided into the following types in the river basin management plans [...]: "small stream", "small stream Kempen", "large stream", "large stream Kempen", "small river", "large river", "very large river", "fresh polder watercourse", "brackish polder watercourse", "fresh, mesotidal lowland estuary", "weakly brackish (oligohaline), macrotidal lowland estuary", "brackish, macrotidal lowland estuary", "salt, mesotidal lowland estuary", "circumneutral, heavily buffered lake", "moderately ion-rich, alkaline lake", "large, deep, eutrophic, alkaline lake", "large, deep, oligotrophic to mesotrophic, alkaline lake", "ion-rich, alkaline lake", "alkaline dune water", "very slightly brackish lake", "circumneutral, slightly buffered lake", "circumneutral, iron-rich lake", "heavily acidic lake", "moderately acidic lake" and "very brackish lake".


Article 2.3.1.2. The basic environmental quality standards stated in Article 2.3.1.1. also apply for the surface waters as stated in Sections 2.3.2., 2.3.3., 2.3.4. and 2.3.5., to the extent they supplement or raise special environmental quality standards applicable for these waters.

Article 2.3.1.3.

Derogations from the environmental quality standards may only be permitted in the river basin management plans in accordance with Articles 53, 54 and 56 of the Decree of 18 July 1993 concerning the integral water policy.

 

The basic environmental quality standards stated in Article 2.3.1.1, for the assessment of status, apply to the heavily modified and artificial bodies of water stated in Article 52 of the Decree of 18 July 2003 concerning the integral water policy. By way of derogation from this, other environmental quality standards may be determined for the following parameters in the river basin management plans: dissolved oxygen, electrical conductivity, chloride, sulphate, pH and all biological parameters.

 

In the case of the protected areas referred to in Article 71 of the same Decree, stricter environmental quality standards may be set in the river basin management plans.

 

The Government of Flanders shall, at the set times and at least when reviewing the river basin management plans, assess and where necessary adjust the environmental quality standards, as referred to in Article 2.2.3, §4 of the Decree of 5 April 1995 concerning the general provisions related to environmental policy.


Section 2.3.1.bis.
Environment quality standards for water bottoms


Article 2.3.1bis/1.

The guide values stated in Article 2.2.4 of the Decree of 5 April 1995 concerning the general provisions related to environmental policy, included in Appendix 2.3.1bis, shall be used as basic environmental quality standards for water bottoms.

 

The guide values determine the environmental quality level that must be achieved or maintained as much as possible. They do not apply as a remediation criterion, or as a remediation target as stated in the Decree of 27 October 2006 concerning soil remediation and soil protection.

 

The Government of Flanders shall, at the set times and at least when reviewing the river basin management or catchment basin management plans, assess and where necessary adjust the environmental quality standards, as referred to in Article 2.2.3, §4 of the Decree of 5 April 1995 concerning the general stipulations related to environmental policy.


Section 2.3.2.
Environmental quality standards for surface waters intended for drinking water production


Article 2.3.2.1. The physical, chemical and microbiological properties required of surface water intended for the production of drinking water at the extraction point are included in the table in Article 1 of Appendix 2.3.2.

Section 2.3.3.
Environmental quality standards for surface waters for use as bathing water


Article 2.3.3.1. The environmental quality standards which bathing waters are required to satisfy are determined in Article 1 of Part II of Appendix 2.3.3. The sampling, monitoring, quality assessment, classification and quality status are carried out in conformance with Articles 1 to 3 inclusive of Part II of Appendix 2.3.3.

Section 2.3.4.
Environmental quality standards for surface waters for use as fishing water

Translation not available

Article 2.3.4.1. [...]

Article 2.3.4.2. [...]

Section 2.3.5.
Environmental quality standards for surface waters intended for shellfish


Article 2.3.5.1. The environmental quality standards to be met by all shellfish waters designated as such are included in Appendix 2.3.5.

Section 2.3.6.
Policy tasks


Article 2.3.6.1. Translation not available

Article 2.3.6.2.

In accordance with the provisions of Directive 91/271/EEC:

-

the control data concerning compliance with requirements made by these regulations for urban water treatment installations are retained and made available to the EU Commission within 6 months of receipt of such a request by the Flanders Environment Agency through the appropriate channels;

-

the Flanders Environment Agency shall provide the EU Commission, through the appropriate channels and by no later than 1 January 1996, with information on the programme that must be drawn up for the enforcement of Directive 91/271/EEC concerning urban waste-water treatment.

-

the Flanders Environment Agency must produce a report every two years on the situation related to the disposal of urban waste water and sludge in the Flemish Region. For this, the company referred to in Article 32septies of the law of 26 March 1971 on the protection of surface waters against pollution must provide the Flanders Environment Agency with the necessary information concerning the removal of sludge. These reports are kept available for forwarding to the Commission.

-

every two years the Flanders Environment Agency draws up the programme for the treatment of urban waste water for the Flemish Region in accordance with the tables in Directive 93/481/EU. In conformance with Article 17 of the Directive, this information will be made available to the Commission through the appropriate channels, and each time by no later than 30 June with the following programme by no later than 30 June 1996.

-

the Flanders Environment Agency must permanently adapt the network for the measuring of the water quality of the surface waters to discharges of treatment installations and to direct discharges of companies when it may be expected that the receiving environment will be significantly influenced, if discharges are concerned from installations which represent at least 4,000 IU (direct discharges are understood as each case of discharging which does not take place through public water treatment systems into receiving waters).

-

if the Flemish Region is informed of the detrimental influencing of waters which fall under the jurisdiction of a Member State of the EU or the competence of the Brussels Capital Region or the Walloon Region due to discharges of urban waste water from the Flemish Region, the Flanders Environment Agency will organise the necessary consultation to investigate which discharges are involved and what measures must be taken at the source to protect the affected waters.

-

all surface waters of the Flemish Region are designated “vulnerable areas” in accordance with Article 5, paragraph 1 of Directive 91/271/EEC. In the Flemish Region, no “less vulnerable areas” as referred to in Article 6, paragraph 1 of the same Directive are designated.

-

for the whole territory of the Flemish Region a minimum percentage for the reduction of the total load for the totality of public water treatment installations is established of at least 75% for the total of phosphorous and at least 75% for the total of nitrogen.

-

if the company referred to in Article 32septies of the law of 26 March 1971 on the protection of surface waters against pollution wishes to make use of the exception provision included in footnote (5) in Appendix 5.3.1.a. to Title II of the VLAREM, this company is obliged to prove on the basis of a scientific study that the same protective level will be achieved on an annual basis; in this case, the Flanders Environment Agency will inform the Commission of such through the appropriate channels.


Article 2.3.6.3.

§ 1.

A collection system for urban waste water must be provided:

by 31 December 1998 for agglomerations with more than 10,000 inhabitant equivalents;

by 31 December 2005 for agglomerations with less than 10,000 inhabitant equivalents;

 

§ 2.

When the construction of the collection systems referred to in §1 is not justified because from an environmental perspective there would be no benefit or because it would be excessively expensive, use must be made of separate or other suitable systems with which the same degree of environmental protection is obtained.

 

§ 3.

The collection systems referred to in §1 must be designed, built, adapted and maintained in accordance with the best available techniques, in particular with regard to:

volume and properties of the urban waste water;

the prevention of leaks;   

the limiting of pollution of the receiving waters due to rainwater flooding.

 

On the proposal of the Coordination Commission for the Integral Water Policy stated in Article 25 of the Decree of 18 July 2003 concerning the integral water policy, the Flemish minister may establish a code of good practice for the design and construction of public sewers.

 

§ 4.

Places for the discharging of urban waste water must, to the extent possible, be chosen so that the effect on the receiving surface waters is as slight as possible.


Article 2.3.6.4.

The remediation of the outlying area to be collectively optimised shall take place by means of a separate system and in accordance with the timing schedule stated in the implementation plan.

 

When a public sewer system is laid or re-laid, regardless of the area, a separate system must be laid unless otherwise stated in the implementation plan.


Article 2.3.6.5. The flood risk management objectives and surface water shortage management objectives are determined using the criteria stated in Article 2 and 3 of Appendix 2.3.6, which is attached to this Order. To assess flood risk and water shortage, use is made of assessment frameworks as stated in Article 4 of Appendix 2.3.6.

Section 2.3.7.
Assessment and management of bathing water quality


Subsection 2.3.7.1.
Objective and scope


Article 2.3.7.1.1.

§ 1.

The general objective of this Section, in accordance with Directive 2006/7/EC of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC and in accordance with Article 51bis of the Decree of 18 July 2003 relating to the integral water policy, is to preserve, protect and improve the quality of the environment and to protect human health and is complementary to the other objectives of this chapter.

 

§ 2.

This Section is applicable to all bathing waters indicated in conformance with the provisions of this Section.

 

§ 3.

This Section does not apply to:

bathing pools and spa pools;

confined waters subject to treatment or used for therapeutic purposes;

artificially created confined waters separated from surface water and groundwater.


Subsection 2.3.7.2.
Designation of bathing waters


Article 2.3.7.2.1. The Flemish ministers competent for the environmental and water policy and the Flemish minister competent for the health policy will together designate all bathing waters no later than 31 March of each calendar year. When designating these waters, they will also determine the start and duration of the bathing season.

Article 2.3.7.2.2.

§ 1.

At least three months before the decision on the designation of bathing waters stated in Article 2.3.7.2.1., a draft list of bathing waters shall be announced with regard to the establishment, review and updating of the bathing water lists, with a view to encouraging public participation. During a thirty-day period, all members of the public will be free to give their proposals, comments or complaints concerning the draft list.

 

§ 2.

The announcement will be made by means of:

a message on the Government of Flanders website;

publication in at least three daily or weekly newspapers;

a poster in each municipality in which a body of bathing water on the draft list is located.

 

§ 3.

The draft list of bathing waters shall announce:

the location of every body of bathing water on the draft list;

the proposed start and duration of the bathing season;

the location of the authority from which information on every body of bathing water can be obtained;

the period in which proposals, comments or complaints can be submitted;

the addresses and contact details of the authorities to which proposals, comments or complaints can be submitted.

 

§ 4.

The Flanders Environment Agency shall draw up a summary report of proposals, comments or complaints submitted with regard to the draft list. After consulting with the Flemish Agency for Care and Health, taking the aforementioned summary report into account, a reasoned, definitive proposal for a list of bathing waters will be immediately formulated with regard to the Order stated in Article 2.3.7.2.1 giving the start and duration of the bathing season.


Article 2.3.7.2.3.

The Order stated in Article 2.3.7.2.1 shall be published in the Belgian Official Journal. Determination as bathing water within the meaning of this Order shall also be made public on site no later than the day before the start of the bathing season in accordance with Article 2.3.7.2.1. The Commission shall be notified immediately of the decision and, where appropriate, of the reasons for a change in the list of bathing waters.

 


Subsection 2.3.7.3.
Classification and quality status of bathing waters


Article 2.3.7.3.1.

As a result of the bathing water quality assessment carried out in accordance with Article 3 of Part II of Appendix 2.3.3, the Flanders Environment Agency shall, in accordance with the criteria stated in Article 4 of Part II of Appendix 2.3.3., classify bathing water as:

poor;

acceptable;

good, or

excellent.

Article 2.3.7.3.2. The first classification in accordance with the requirements of this Subsection shall be completed no later than by the end of the 2015 bathing season.

Article 2.3.7.3.3. The competent authorities shall take such realistic and proportionate measures as they consider appropriate to increase the number of bathing waters classified as “excellent” or “good”. By the end of the 2015 bathing season, all bathing waters must at least be classified as “acceptable”. The Flanders Environment Agency shall ensure that these measures are taken in a timely manner, and if necessary, take the initiative itself or formulate proposals for the competent authorities.

Article 2.3.7.3.4.

Notwithstanding the general provision of Article 2.3.7.3.3, bathing waters may be temporarily classified as “poor” and still remain in compliance with the conditions of this Section. In such cases, the Flanders Environment Agency and the Flemish Agency for Care and Health shall, each in its own area, ensure that the following conditions are satisfied:

with regard to each body of bathing water classified as “poor”, the following measures shall be taken at the start of the bathing season following that of the classification:

a)

the Flemish Agency for Care and Health or the Flanders Environment Agency shall take appropriate management measures, including, where the former is concerned, a bathing ban or advice against bathing, with a view to preventing bathers’ exposure to pollution;

b)

the Flanders Environment Agency shall identify the causes and reasons for the failure to achieve an “acceptable” quality status;

c)

the Flanders Environment Agency shall take appropriate measures to prevent, reduce or eliminate the causes of pollution, and if necessary, propose measures to the competent authorities;

d)

the Flanders Environment Agency shall alert the public by means of a clear and straightforward warning sign and inform them of the causes of the pollution and of the measures taken on the basis of the bathing water profile;

if a body of bathing water is classified as “poor” for five successive years, the Flemish Agency for Care and Health will introduce a permanent bathing ban or permanent advice against bathing. However, the Flemish Agency for Health and Care may introduce a permanent bathing ban or permanent advice against bathing before the end of the five year period if the Flanders Environment Agency considers that the achievement of “acceptable quality” would be infeasible or disproportionately expensive.


Subsection 2.3.7.4.
Bathing water profiles


Article 2.3.7.4.1.

§ 1.

The Flanders Environment Agency shall ensure that bathing water profiles are established. Each bathing water profile may cover a single body of bathing water or multiple contiguous bathing waters.

 

§ 2.

The content and method of assessment, establishment and updating of the bathing water profile is determined in Articles 5 and 6 of Part II of Appendix 2.3.3..

 

§ 3.

Bathing water profiles shall be established for the first time by no later than 24 March 2011.


Subsection 2.3.7.5.
Management measures in exceptional circumstances


Article 2.3.7.5.1. The Flanders Environment Agency and the Flemish Agency for Care and Health, each in their own area, shall ensure that timely and adequate management measures are taken when they are made aware of unexpected situations that have, or could reasonably be expected to have, an adverse impact on bathing water quality and on bathers’ health. Such measures shall include providing information to the public and, if necessary, a temporary bathing ban, imposed by the Flemish Agency for Care and Health.

Article 2.3.7.5.2.

§ 1.

When the bathing water profile established in accordance with the provisions of Part II of Appendix 2.3.3 indicates a potential for cyanobacterial proliferation, the Flanders Environment Agency and the Flemish Agency for Care and Health will carry out appropriate monitoring to enable timely identification of the health risks.

 

§ 2.

When cyanobacterial proliferation occurs and a health risk has been identified or is suspected, adequate management measures to prevent exposure, including providing information to the public, shall be taken immediately.


Article 2.3.7.5.3. When the bathing water profile established in accordance with the provisions of Part II of Appendix 2.3.3 indicates a tendency for proliferation of macro-algae or marine phytoplankton, the Flanders Environment Agency and the Flemish Agency for Care and Health shall carry out investigations to determine their acceptability and health risks and take adequate management measures, including providing information to the public.

Article 2.3.7.5.4.

The Flanders Environment Agency and the Flemish Agency for Care and Health shall visually inspect bathing waters for pollution such as tarry residues, glass, plastic, rubber or any other waste.

 

When such pollution is found, the Flemish Agency for Care and Health shall take adequate measures, including, if necessary, providing information to the public.


Subsection 2.3.7.6.
Cooperation on transboundary waters


Article 2.3.7.6.1. When the situation in a river basin gives rise to transboundary impacts on bathing water quality, the competent authorities involved will cooperate as appropriate, including through the appropriate exchange of information and joint action to control these impacts. In such a case, the Flanders Environment Agency shall take the necessary initiatives with regard to the cooperative bodies charged with water quality management in international river basins as a result of international conventions to which the Flemish Region is party.

Subsection 2.3.7.7.
Providing information to the public


Article 2.3.7.7.1.

§ 1.

The Flanders Environment Agency and the Flemish Agency for Care and Health shall jointly ensure that the following information is actively circulated and promptly made available during the bathing season in an easily accessible place in the immediate vicinity of each body of bathing water:

the current bathing water classification and any bathing ban or advice against bathing, by means of a clear and simple sign or symbol;

a general description of the bathing water, in non-technical language, based on the bathing water profile stated in Section 4 of Part II of Appendix 2.3.3;

in the case of bathing waters subject to short-term pollution:

a)

notification that the bathing water is subject to short-term pollution;

b)

an indication of the number of days on which bathing was banned or advised against in the previous bathing season because of such pollution;

c)

a warning whenever such pollution is predicted or present;

information on the nature and duration of abnormal situations during such events;

in the case of a bathing ban or advice against bathing: a warning sign for the public indicating the reasons;

when introducing a permanent bathing ban or permanent advice against bathing: the fact that the area in question is no longer bathing water, and the reasons for this;

a reference to sources with more complete information in accordance with §2.

 

§ 2.

The Flanders Environment Agency and the Flemish Agency for Care and Health shall use appropriate media and technologies, including the internet, to actively and promptly circulate the information concerning bathing water quality stated in §1, as well as the following information, and, when necessary, in several languages:

a list of bathing waters;

the classification of each bathing water over the last three years and its bathing water profile, including the results of monitoring carried out in accordance with this Section since the last classification;

in the case of bathing waters classified as being “poor”, information on the causes of pollution and on the measures taken with a view to preventing bathers’ exposure to pollution and to tackle its causes as stated in Article 2.3.7.3.4;

in the case of bathing waters subject to short-term pollution, general information on:

a)

conditions that are likely to lead to short-term pollution;

b)

the risk of such pollution and the probable duration;

c)

the causes of the pollution and the measures taken with a view to preventing bathers’ exposure to pollution and to tackle its causes.

The list stated in 1° shall be made available each year before the start of the bathing season. The results of the monitoring stated in 2° shall be made available on the internet upon completion of the analyses.

 

§ 3.

The information stated in §1 and §2 shall be circulated as soon as it is available and with effect from the start of the fifth bathing season after 24 March 2008.

 

§ 4.

The Flanders Environment Agency and the Flemish Agency for Care and Health shall, wherever possible, provide information to the public using geo-referenced technology and present it in a clear and coherent manner, in particular through the use of signs and symbols.


Subsection 2.3.7.8.
Complaints centre for the public


Article 2.3.7.8.1. Pursuant to the application of the procedure stated in Article 2.3.7.2.2, the Flanders Environment Agency shall set up a permanent complaints centre. The public will be able to use every means of communication to give their proposals and comments or lodge complaints on the state of bathing water quality through this complaints centre.

Subsection 2.3.7.9.
Reporting to the European Commission


Article 2.3.7.9.1.

§ 1.

Each year, the Flanders Environment Agency shall provide the European Commission with the following through the appropriate channels:

the monitoring results for each body of bathing water;

the bathing water quality assessment in accordance with Article 3 of Part II of Appendix 2.3.3;

a description of significant management measures taken.

It shall provide this information annually by no later than 31 December in relation to the preceding bathing season. It shall begin providing it once the first bathing water quality assessment has been carried out.

 

§ 2.

The Flanders Environment Agency shall notify the European Commission annually, through the appropriate channels, before the start of the bathing season of all waters designated as bathing waters, including the reason for any change compared to the previous year. It shall do this for the first time before the start of the first bathing season after 24 March 2008.


Chapter 2.4.
ENVIRONMENTAL QUALITY STANDARDS FOR SOIL AND GROUNDWATER AND RELATIVE POLICY TASKS


Article 2.4.0.1. The provisions of this chapter are established in pursuance of the Decree of 24 January 1984 concerning measures related to groundwater management.

Section 2.4.1.
Environmental quality standards for groundwater


Article 2.4.1.1.

§ 1.

This Section provides for the partial translation of Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 concerning the protection of groundwater against pollution and deterioration.

 

§ 2.

The least stringent of the following guide values shall be used as environmental quality standards when assessing the chemical condition of groundwater:

1° 

the groundwater quality standards stated in Article 1 of Appendix 2.4.1.;

2° 

the background values, particular to the body of groundwater and not affected by discharges, stated in Article 2 of Appendix 2.4.1. 

 

The Government of Flanders shall, at the set times and at least when reviewing the river basin management or plan, assess and where necessary adjust the environmental quality standards, as referred to in Article 2.2.3, §4 of the Decree of 5 April 1995 concerning the general provisions related to environmental policy.

 

§ 3.

Threshold values shall be set for each body of groundwater in such a way that, if the measurement results at a representative measurement point exceed the threshold values, this shall indicate a risk that one or more of the conditions for the good chemical condition of the body of groundwater are not satisfied.

 

The guide values stated in Article 3 of Appendix 2.4.1. shall apply as threshold values.

 

§ 4.

The location and boundaries of the groundwater bodies shall be established by the Government of Flanders, in implementation of Article 60 of the Decree of 18 July 2003 concerning the integral water policy.

 

§ 5.

The background levels and threshold values shall be amended should this appear necessary on the basis of new information on pollutants, groups of pollutants or pollution indicators, from the analyses and assessments referred to in Article 60 of the same Decree, or from the measurement programmes referred to in Article 67 of the aforementioned Decree.

 

In the case of the protected areas referred to in Article 71 of the same Decree, stricter environmental quality standards may be set in the river basin management plans.

 

Departures from the environmental quality standards may only be permitted in the river basin management plans, in accordance with Articles 53, 54 and 56 of the same Decree.

 

§ 6.

The quantitative condition of a body of groundwater shall be determined using the criteria stated in Article 4 of Appendix 2.4.1.

 

The Flemish Minister, competent for the environment, shall set further rules for assessing these criteria, so that a decision can be made as to when a body of groundwater is in a good quantitative condition.


Section 2.4.2.
Environmental quality standards for soil


Article 2.4.2.1. The target values for environmental quality standards for soil are the standards included in Appendix 2.4.2.

Section 2.4.3.
Policy tasks


The processing of environmental licence applications for activities which have or can have the indirect discharging of hazardous substances into the groundwater as a result.

Translation not available

Article 2.4.3.1. Activities as referred to in Sections 52.1.1.3°, 52.1.2. and 52.2.3° can only be licensed if, from a prior investigation, it appears that all technical precautionary measures have been taken in order to ensure that these substances cannot reach any aquatic systems or cause damage to other ecosystems.

Article 2.4.3.2.

A licence for the indirect discharging into groundwater of substances in list II of Appendix 2B can only be granted providing that all the required precautionary measures have been taken to ensure that the discharging:

a)

cannot endanger the health of people or the water supply;

b)

cannot damage the life and the ecosystems in the water;

c)

cannot affect other justified uses of the water.


Article 2.4.3.3. The application of measures taken by virtue of this Order may in no event result in direct or indirect pollution of the groundwater.

Article 2.4.3.4. Translation not available

Article 2.4.3.5. Translation not available

Chapter 2.5.
ENVIRONMENTAL QUALITY STANDARDS FOR AIR AND RELATIVE POLICY TASKS


Article 2.5.0.1. The environmental quality standards for air are established in pursuance of the law of 28 December 1964 on the counteracting of air pollution.

Section 2.5.1.
Environmental quality standards for air


Article 2.5.1.1.

§ 1.

The standards included in Appendices 2.5.1, 2.5.3 and 2.5.8 apply as environmental quality standards for air.

 

§ 2.

The standards included in Appendix 2.5.2. apply as environmental quality standards for dust deposits.

 

§ 3.

[...]

 

§ 4.

The limit and guide values stated in Appendices 2.5.1 and 2.5.2 are applicable in all areas other than protected zones [...].

 

§ 5.

[...]


Article 2.5.1.2.

§ 1.

[...]

 

§ 2.

In the protected zones, the guide values stated in Appendices 2.5.1. and 2.5.2. apply as limit values. For the parameters for which no guide values are defined in these appendices, 80% of the limit values stated in these appendices apply as limit values.


Section 2.5.2.
Policy tasks


Subsection 2.5.2.1.
General provisions


Article 2.5.2.1.1. This Section provides for the transposition of Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe.

Article 2.5.2.1.2.

This Section sets out measures aimed at:

1° 

describing and establishing the aims for air quality in order to prevent, impede or reduce harmful consequences for human health and the environment as a whole;

assessing air quality on the basis of common methods and criteria;

obtaining data on air quality, to help combat air pollution and nuisance and monitor the long-term trends and improvements that are the result of measures;

ensuring that the data on air quality are made available to the public;

maintaining good air quality, and improving it in other cases;

promoting greater cooperation between the Member States of the European Union in reducing air pollution.


Article 2.5.2.1.3.

§ 1.

The following institutions and bodies are competent with regard to the implementation of Section 2.5.2:

 

1°  the Flanders Environment Agency is charged with:
  a)  assessment of the air quality;
  b)  ensuring the accuracy of measurements;
  c)  analysis of the assessment methods;
  d)   cooperation with the other Member States and the European Commission regarding assessment of air quality and ensuring the quality of measuring methods;
the Interregional Centre for the Environment (IRCEL) as stated in Article 6 of the agreement of cooperation between the Brussels-Capital, Flemish and Walloon Regions of 18 May 1994 related to the supervision of emissions in the air and the structuring of information, is charged with:
  a)  the coordination of reports to the European Commission;
  b)  the coordination of any Community programmes for quality assurance organised by the European Commission;
the division, competent for air pollution, is charged with:
  a) proposing measures, air quality plans and short-term action plans to improve air quality to the Flemish minister;
  b) cooperation with the other Member States and the European Commission;
the Flemish minister is charged with:
  a) submitting measures, air quality plans and short-term action plans to improve air quality to the Government of Flanders;
  b) the recognition of the measuring systems (methods, equipment, networks and laboratories). The competent institutions and bodies stated in paragraph 1 shall, where applicable, comply with the provisions of Appendix 2.5.3.1, Part C.

 

 

 

§ 2.

The Flanders Environment Agency shall send a copy of the information stated in paragraph 1, 1° to the Division, competent for air pollution.


Article 2.5.2.1.4. The Flanders Environment Agency shall subdivide the entire territory into zones and agglomerations. Air quality assessment and management shall take place in all zones and agglomerations.

Subsection 2.5.2.2.
Assessment of the air quality


Article 2.5.2.2.1.

§ 1.

The upper and lower assessment thresholds stated in Appendix 2.5.3.2, Part A apply to sulphur dioxide, nitrogen dioxide and nitrogen oxides, particulate matter (PM10 and PM2.5), lead, benzene and carbon monoxide.

 

Each zone and agglomeration is subdivided on the basis of the assessment thresholds.

 

§ 2.

The classification stated in paragraph 1 shall be reviewed at least every five years according to the procedure stated in Appendix 2.5.3.2, Part B.

 

The subdivision shall be reviewed more frequently if there are significant changes in the activities that are relevant for the concentrations of sulphur dioxide, nitrogen dioxide or, if applicable, nitrogen oxides, particulate matter (PM10 and PM2.5), lead, benzene or carbon monoxide.


Article 2.5.2.2.2.

§ 1.

The Flanders Environment Agency shall assess the air quality in all zones and agglomerations for the polluting substances stated in Article 2.5.2.2.1, in accordance with the criteria stated in paragraphs 2, 3 and 4, and in accordance with the criteria listed in Appendix 2.5.3.3.

 

§ 2.

In all zones and agglomerations where the level of the polluting substances stated in paragraph 1 exceeds the established upper threshold limit for those polluting substances, fixed measurements shall be used to assess the air quality. These fixed measurements may be supplemented with modelling techniques or indicative measurements to obtain adequate information on the spatial distribution of the air quality.

 

§ 3.

In all zones and agglomerations where the level of the polluting substances stated in paragraph 1 is lower than the established upper threshold limit for those polluting substances, a combination of fixed measurements and modelling techniques or indicative measurements may be used to assess the air quality.

 

§ 4.

In all zones and agglomerations where the level of the polluting substances stated in paragraph 1 is lower than the established lower threshold limit for those polluting substances, modelling techniques or objective estimation techniques or both shall suffice to assess the air quality.

 

§ 5.

Besides the assessments stated in paragraphs 2, 3 and 4, measurements shall be carried out at background locations in rural areas, located a certain distance from major sources of air pollution. These measurements shall at least provide information on the total mass concentration and the concentrations of the chemical compounds of fine particulate matter (PM2.5) in terms of the annual average, and shall be carried out in accordance with the following criteria:

a sampling point shall be established for every 100,000 km²;

2° 

at least one measuring station or, by mutual agreement with the neighbouring countries, one or more joint measuring stations shall be established that cover the relevant neighbouring zones, to guarantee the required spatial resolution;

if applicable, the monitoring shall be coordinated with the monitoring strategy and the measuring cooperative programme for monitoring and evaluation of the long-range transmissions of air pollutants in Europe (EMEP);

Parts A and C of Appendix 2.5.3.1 apply to the data quality targets for measurements of mass concentrations of particulate matter, and Appendix 2.5.3.4 applies in its entirety.

 

The Flanders Environment Agency shall inform the European Commission through the appropriate channels of the measuring methods used to measure the chemical composition of fine particulate matter (PM2.5). 


Article 2.5.2.2.3.

§ 1.

The location of the sampling points for measuring sulphur dioxide, nitrogen dioxide and nitrogen oxides, particulate matter (PM10 and PM2.5), lead, benzene and carbon monoxide in the air is determined in accordance with the criteria stated in Appendix 2.5.3.3.

 

§ 2.

In each zone or agglomeration where fixed measurements are the only source of data for assessing the air quality, the number of sampling points for each polluting substance in question may not be less than the minimum number of sampling points stated in Appendix 2.5.3.5, Part A.

 

§ 3.

In zones and agglomerations where the data from sampling points for fixed measurements are supplemented by data obtained from modelling or indicative measurements, the total number of sampling points stated in Appendix 2.5.3.5, Part A may be reduced by up to 50% if the following conditions have been met:

the supplementary methods provide sufficient data to assess the air quality in relation to limit values or alarm thresholds, as well as adequate data for the public;
the number of sampling points to be established and the spatial resolution of the other techniques are sufficient to determine the concentration of the polluting substance in question in accordance with the data quality targets stated in Appendix 2.5.3.1, Part A, and allow assessment results that meet the criteria stated in Appendix 2.5.3.1, Part B.  

 

The results of modelling or indicative measurements are taken into account when assessing the air quality for limit values.


Article 2.5.2.2.4. The reference measuring methods and criteria stated in Appendix 2.5.3.6, Parts A and C shall be applied. Other measuring methods may be used under the conditions stated in Appendix 2.5.3.6, Part B.

Article 2.5.2.2.5.

If, in a zone or agglomeration, the ozone concentrations have exceeded the long-term objectives stated in Appendix 2.5.3.7, Part C during one of the last five years of measurement, fixed measurements shall be carried out.

 

If no data are available for the last five years, or if only partial data are available, the VMM may, to answer the question of whether the long-term objectives stated in paragraph 1 were exceeded during these five years, combine the results of measurement campaigns of short duration carried out at times and locations where the levels were likely to be the highest with the data from emission inventories and modelling.


Article 2.5.2.2.6.

§ 1.

The location of the sampling points for ozone measurements shall be determined in accordance with the criteria stated in Appendix 2.5.3.8.

 

§ 2.

In zones or agglomerations where measurements are the only source of data for assessing the air quality, the number of sampling points for fixed measurements of ozone may not be less than the minimum number of sampling points stated in Appendix 2.5.3.9, Part A.

 

§ 3.

In zones and agglomerations where the data from sampling points for fixed measurements are supplemented by data obtained from modelling or indicative measurements, the total number of sampling points stated in Appendix 2.5.3.9, Part A may, however, be reduced if the following conditions have been met:

the additional methods provide sufficient data to assess the air quality in relation to target values, long-term objectives and information and alarm thresholds;

the number of sampling points to be established and the spatial resolution of the other techniques are sufficient to determine the ozone concentration in accordance with the data quality targets stated in Appendix 2.5.3.1, Part A, and allow assessment results that meet the criteria stated in Appendix 2.5.3.1, Part B.

in each zone or agglomeration there shall be at least one sampling point for every two million inhabitants, or at least one sampling point per 50,000 km² if that criterion gives a greater number of sampling points. In each zone or agglomeration, there shall be at least one sampling point;

nitrogen dioxide shall be measured at all remaining sampling points, except the measuring stations for determining rural background values stated in Appendix 2.5.3.8, Part A.

 

The results of modelling or indicative measurements are taken into account when assessing the air quality in relation to target values.

 

§ 4.

Nitrogen dioxide shall be measured at a minimum of 50% of the sampling points required for ozone in accordance with Appendix 2.5.3.9, Part A. Nitrogen dioxide shall be measured continuously, except in the measuring stations for determining rural background values stated in Appendix 2.5.3.8, Part A, where other measuring methods may be used.

 

§ 5.

In zones and agglomerations where the concentrations in each of the last five years of measurements lie below the long-term objectives, the number of sampling points for fixed measurements is determined in accordance with Appendix 2.5.3.9, Part B.

 

§ 6.

At least one sampling point shall be established and used to obtain data on the concentrations of the ozone precursors stated in Appendix 2.5.3.10. The number and location of the stations where the ozone precursors are measured shall be determined taking into account the objectives and methods stated in Appendix 2.5.3.10.


Article 2.5.2.2.7.

The reference method for measuring ozone stated in Appendix 2.5.3.6, Part A, point 8 shall be applied. Other measuring methods may be used under the conditions stated in Appendix 2.5.3.6, Part B.

 

The Flanders Environment Agency shall notify the European Commission, through the appropriate channels, of the methods used for the sampling and measuring of volatile organic compounds stated in Appendix 2.5.3.10.


Subsection 2.5.2.3.
Assessment of the air quality


Article 2.5.2.3.1. The necessary measures shall be taken to ensure that in zones and agglomerations where the levels of sulphur dioxide, nitrogen dioxide, PM10, PM2.5, lead, benzene and carbon monoxide in the air are lower than the respective limit values stated in Appendices 2.5.3.11 and 2.5.3.14, the levels of these substances are kept below the limit values, and that efforts are made to protect the best air quality compatible with sustainable development.

Article 2.5.2.3.2.

§ 1.

The necessary measures shall be taken to ensure that the levels of sulphur dioxide, nitrogen dioxide, PM10, lead, benzene and carbon monoxide in the air throughout the zones and agglomerations do not exceed the limit values stated in Appendix 2.5.3.11.

 

Compliance with these regulations shall be assessed in accordance with Appendix 2.5.3.3.

 

The established margins of tolerance stated in Appendix 2.5.3.11 shall be applied in accordance with Article 2.5.2.3.11, paragraph 3, and Article 2.5.2.4.1, §1.

 

§ 2.

The alarm thresholds stated in Appendix 2.5.3.12, Part A, shall apply to the concentrations of sulphur dioxide and nitrogen dioxide in the air.


Article 2.5.2.3.3. The necessary measures shall be taken to ensure that the critical level for protecting vegetation stated in Appendix 2.5.3.13 and assessed in accordance with Appendix 2.5.3.3, Part A, are observed. If fixed measurements are the only source of data for assessing air quality, the number of sampling points may not be less than the minimum number stated in Appendix 2.5.3.5, Part C. If these data are supplemented by data obtained through indicative measurements or modelling, the minimum number of sampling points may be reduced by up to 50%, provided the assessed concentrations of the polluting substance in question can be established in accordance with the data quality targets stated in Appendix 2.5.3.1, Part A.

Article 2.5.2.3.4.

All necessary measures shall be taken that do not involve any excessive costs to reduce exposure to PM2.5, with the aim of achieving the regional target value for reducing exposure stated in Appendix 2.5.3.14, Part B, for the year indicated therein.

 

The necessary measures shall be taken to ensure that the regional average exposure index for 2015, established in accordance with Appendix 2.5.3.14, Part A, does not exceed the regional exposure concentration obligation laid down in Part C of that Appendix.

 

The regional average exposure index for PM2.5 shall be assessed by the Flanders Environment Agency in accordance with Appendix 2.5.3.14, Part A.

 

In accordance with Appendix 2.5.3.3, the number of sampling points on which the regional average exposure index for PM2.5 is based, and its spread, shall be such that an accurate picture is obtained of the exposure of the population in general. The number of sampling points shall not be less than the number obtained by applying Appendix 2.5.3.5, Part B.


Article 2.5.2.3.5.

All necessary measures shall be taken that do not involve any excessive costs to ensure that the concentrations of PM2.5 in the air do not exceed the target value stated in Appendix 2.5.3.14, Part D, from the date stated therein.

 

All necessary measures shall be taken to ensure that the concentrations of PM2.5 in the air do not exceed the limit value stated in Appendix 2.5.3.14, Part E, from the date stated therein throughout the zones and agglomerations. Compliance with that regulation shall be assessed in accordance with Appendix 2.5.3.3.

 

The margins of tolerance stated in Appendix 2.5.3.14, Part E, shall be applied in accordance with Article 2.5.2.4.1, §1.


Article 2.5.2.3.6.

All necessary measures shall be taken that do not involve any excessive costs to ensure that the target values and long-term objectives are achieved.

 

For zones and agglomerations where a target value is exceeded, the programme established under Article 2.10.3.1 and, where applicable, an air quality plan shall be implemented to ensure that the target values are achieved with effect from the date stated in Appendix 2.5.3.7, Part B, except where that cannot be done with measures that do not involve any excessive costs.

 

For zones and agglomerations where the ozone levels in the air are higher than the long-term objectives, but lower than or equal to the target values, cost-effective measures shall be prepared and implemented with the aim of achieving the long-term objectives. These measures must be in accordance with the air quality plan and with the programme stated in paragraph 2.


Article 2.5.2.3.7. In zones and agglomerations where the ozone levels meet the long-term objectives, the necessary measures shall be taken to keep these levels below the long-term objectives, provided factors such as the cross-border nature of ozone pollution and meteorological conditions so permit, and the best possible air quality that is compatible with sustainable development and a high level of protection of human health and the environment shall be maintained by taking proportionate measures.

Article 2.5.2.3.8. If the information threshold stated in Appendix 2.5.3.12, or one of the alarm thresholds stated in Appendix 2.5.3.12, is exceeded, the Flanders Environment Agency shall take the necessary steps to notify the public by radio, television, newspapers or the internet. The Flanders Environment Agency shall provide the European Commission with information, through the appropriate channels and on a provisional basis, on the recorded levels of and duration of the periods in which the alarm threshold or information threshold was exceeded.

Article 2.5.2.3.9.

The Flanders Environment Agency shall provide the European Commission, through the appropriate channels, with a list for a particular year of zones and agglomerations where exceedances of limit values for a particular pollutant can be attributed to natural sources. Information shall also be provided on the concentrations and sources and the evidence showing that the exceedances can be attributed to natural sources.

 

When the European Commission has been notified of an exceedance attributable to natural sources in accordance with paragraph 1, this exceedance shall not be regarded as an exceedance within the meaning of this Section.


Article 2.5.2.3.10. The Flanders Environment Agency may designate zones or agglomerations where the limit values are exceeded by concentrations of PM10 in the air that are attributable to the re-suspension of particles as a result of the spreading of sand and salt on the roads in winter. The Flanders Environment Agency shall provide the European Commission, through the appropriate channels, with a list of all these zones or agglomerations, together with information on the PM10 concentrations and sources present therein. When the Flanders Environment Agency notifies the European Commission of this in accordance with Article 2.5.2.5.2 through the appropriate channels, it shall provide the necessary proof that these exceedances were caused by such re-suspended particles, and that a reasonable attempt has been made to lower the concentrations. Without prejudice to Article 2.5.2.3.9, for the zones and agglomerations stated in paragraph 1, the air quality plan stated in Article 2.5.2.4.1 shall only be established if the exceedances are attributable to other PM10 sources than the spreading of sand and salt on the roads in winter.

Article 2.5.2.3.11.

If, in a particular zone or agglomeration, no compliance with the limit values for nitrogen dioxide or benzene can be achieved by the deadlines stated in Appendix 2.5.3.11, the Flemish minister may grant a deferral of up to five years for that specific zone or agglomeration, provided an air quality plan is drawn up in accordance with Article 2.5.2.4.1 for the zone or agglomeration to which the deferral would apply. That air quality plan shall be supplemented with the information stated in Appendix 2.5.3.15, Part B, relating to the polluting substances in question, and show how compliance can be achieved with the limit values before the new deadline stated in Appendix 2.5.3.11.

 

If, due to location-specific dispersion characteristics, unfavourable climatic conditions or cross-border contributions in a particular zone or agglomeration, no compliance can be achieved with the limit values for PM10 stated in Appendix 2.5.3.11, the Flemish minister may grant an exception from the obligation to apply these limit values until 11 June 2011, provided the condition in paragraph 1 is met and it is demonstrated that all appropriate measures have been taken at national, regional and local level to comply with the deadlines.

 

In the application of paragraph 1 or 2, the exceedance of the limit value for each polluting substance shall be kept within the maximum margin of tolerance stated in Appendix 2.5.3.11.

 

Use may be made of paragraphs 1 and 2 if the following conditions are cumulatively met:

 

the Flemish minister informs the European Commission of the intention to apply paragraph 1 or 2;  
the air quality plan stated in paragraph 1, including all relevant data required by the European Commission to assess whether the conditions in question have been met, is sent to the European Commission by the Flemish minister, after being approved by the Government of Flanders;  
the European Commission does not raise any objections within nine months of receiving the notification, as a result of which the conditions in question for the application of paragraph 1 or 2 are regarded as having been met. 

 

If the European Commission raises an objection within nine months of receipt of the notification stated in paragraph 4, and if it requires the air quality plans to be adapted or replaced by new ones, the Flemish minister shall send the European Commission the adapted or new air quality plans, approved by the Government of Flanders.


Subsection 2.5.2.4.
Plans


Article 2.5.2.4.1.

§ 1.

If the level of polluting substances in the air in particular zones or agglomerations exceed a limit value or target value, in both cases increased by the applicable margin of tolerance, air quality plans shall be established for these zones and agglomerations to achieve the limit value or target value in question stated in Appendices 2.5.3.11 and 2.5.3.14.

 

If limit values for which the deadline for compliance has already passed are exceeded, appropriate measures shall be taken in the air quality plans to keep the period of exceedance as short as possible. The air quality plans may also include measures aimed at protecting vulnerable population groups, such as children.

 

The air quality plans shall at least include the information stated in Appendix 2.5.3.15, Part A, and may include measures in accordance with Article 2.5.2.4.2. After having been established by the Government of Flanders, the plans shall be communicated to the European Commission through the appropriate channels immediately, but no later than two years after the end of the year in which the first exceedance was recorded, by the Division competent for air pollution.

 

If a plan has to be drawn up or implemented for different polluting substances, where appropriate, integrated air quality plans shall be drawn up and implemented for all the polluting substances in question.

 

§ 2.

Where feasible, cohesion shall be ensured with other plans or programmes required pursuant to Article 2.10.3 and Article 2.2.4.4 to achieve the relevant environmental objectives.


Article 2.5.2.4.2.

§ 1.

If, in a particular zone or agglomeration, there is a risk that the levels of polluting substances will exceed one or more alarm thresholds as stated in Appendix 2.5.3.12, action plans shall be drawn up containing measures to be taken in the short term to limit the risk of exceedance or its duration. If that risk applies to one or more of the limit values or target values stated in Appendices 2.5.3.7, 2.5.3.11 and 2.5.3.14, short-term action plans may also be drawn up if appropriate. If, however, there is a risk that the alarm threshold for ozone stated in Appendix 2.5.3.12, Part B, will be exceeded, short-term action plans shall only be drawn up if, taking national geographical, meteorological and economic circumstances into account, there are ample opportunities for reducing the risk, the duration or the seriousness of such an exceedance. If a short-term action plan is drawn up, consideration shall be given to Commission Decision 2004/279/EC of 19 March 2004 concerning guidance for transposition of Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air.

 

§ 2.

The short-term action plans stated in paragraph 1 may, as appropriate, provide for effective measures to manage and if necessary suspend activities that contribute to the risk of the respective limit values, target values or alarm thresholds being exceeded. The action plans may include measures for the movement of motor vehicles, construction works, ships at berth, and the use of industrial plants or products, and domestic heating. As part of these plans, specific actions could also be considered to protect vulnerable population groups, such as children.

 

§ 3.

When a short-term action plan is drawn up, the results of investigations into the feasibility and content of the specific short-term action plans, together with information on the implementation of these plans, shall be made available to the public and to interested organisations, such as environmental organisations, consumer organisations, organisations representing the interests of vulnerable population groups, other bodies involved in healthcare, and interested trade unions.


Article 2.5.2.4.3.

Without prejudice to Article 2.5.2.4.2, §3, the plans and programmes stated in this Subsection, and any amendment or revision thereof, shall be drawn up as follows:

the Division competent for air pollution, shall draw up the draft plan and programme, amend or revise existing plans or programmes and may also involve the most interested government bodies, establishments, private-law organisations and social and societal groups. The draft plan or programme or the draft amendment or revision shall then be communicated to the public as stated in 2° and 3°; 

2° 

the draft plan or programme or the draft amendment or revision shall, following approval by the Government of Flanders, be published in excerpt in the Belgian Official Journal by the Division competent for air pollution. The Division competent for air pollution shall also ensure the public are actively consulted through the customary channels, such as electronic devices and media, including publication in two newspapers, and via the website of the Division competent for air pollution. At the time of notification, reference shall be made to the public's right to participate in decisions concerning the plans and programmes, and it shall be indicated to which authority questions and comments as stated in this Article must be directed. For a period of one month, beginning on the day after publication in the Belgian Official Journal, the public may bring objections or comments, in writing, to the notice of the Division competent for air pollution; 

3° 

concurrent with its publication, the draft shall be sent to the Environmental and Nature Council of Flanders and the Social and Economic Council of Flanders, which shall give their recommendation and their reasons for this recommendation within a time limit of one month of receipt of the draft. These recommendations are not binding; 

4° 

the plan or programme or the amendment or revision thereof shall be established by the Government of Flanders, taking into account the recommendations and any objections or comments submitted. If the Government of Flanders does not follow, either wholly or in part, the recommendation issued by the Environmental and Nature Council of Flanders or the Social and Economic Council of Flanders, or the objections and comments notified by the public, it shall justify this in a report, attached to the publication stated in point 5°; 

5° 

the plan or programme or the amendment or revision thereof, together with the report stated in point 4°, shall be communicated to the public by being published in two newspapers and via the website of the Division competent for air pollution. The plan or programme shall be published in excerpt in the Belgian Official Journal. 


Article 2.5.2.4.4.

If an alarm threshold, limit value or target value, increased by the applicable margin of tolerance, or a long-term objective is exceeded as a result of the significant cross-border transport of polluting substances or the precursors thereof, Belgium shall cooperate with the countries in question and, if possible, develop joint activities, such as the drawing up of joint or coordinated air quality plans in accordance with Article 2.5.2.4.1 to remove the exceedances by implementing appropriate but proportionate measures.

 

The European Commission is invited to be present at and cooperate in the collaborative activities stated in paragraph 1. If appropriate in accordance with Article 2.5.2.4.2, joint short-term action plans shall be drawn up and implemented that cover neighbouring zones in other countries. The Flemish minister shall ensure that if neighbouring zones in other countries have developed short-term action plans, they receive all the relevant data.

 

If the information threshold or the alarm thresholds are exceeded in zones or agglomerations close by national borders, the Interregional Cell for the Environment shall provide the competent authorities of the neighbouring country in question with information as quickly as possible. This information shall also be made available to the population.

 

When drawing up plans in accordance with paragraphs 1 and 3 and when providing information to the population in accordance with paragraph 4, if appropriate, an effort shall be made to cooperate with third countries and specifically with candidate Member States of the European Union.


Subsection 2.5.2.5.
Information and reporting


Article 2.5.2.5.1.

§ 1.

The Flanders Environment Agency shall ensure that the population, as well as interested organisations, such as environmental organisations, consumer organisations, organisations representing the interests of vulnerable population groups, other bodies involved in healthcare, and interested trade unions receive adequate and timely notification of the air quality, in accordance with Appendix 2.5.3.16.

 

The Division, competent for air pollution, shall ensure that the population, as well as interested organisations, such as environmental organisations, consumer organisations, organisations representing the interests of vulnerable population groups, other bodies involved in healthcare, and interested trade unions receive adequate and timely notification of:

1° 

the deferral decisions stated in Article 2.5.2.3.11, paragraph 1; 

2° 

the exemptions stated in Article 2.5.2.3.11, paragraph 2;

3° 

the air quality plans stated in Article 2.5.2.3.11, paragraph 1, Article 2.5.2.4.1 and Article 2.5.2.4.2 and the programmes stated in Article 2.5.2.3.6, paragraph 2. 

 

The data shall be made available free of charge through generally accessible media, including the internet or other suitable forms of telecommunication. In so doing, consideration shall be given to the provisions of the Decree of 20 February 2009 on the Geographical Data Infrastructure of Flanders and its implementing orders.

 

§ 2.

The Flanders Environment Agency shall make annual reports available to the population on all polluting substances covered by this Section.

 

The reports shall contain a summary of the concentrations which the limit values, target values, long-term objectives, information thresholds and alarm thresholds have exceeded during the established averaging periods. A brief assessment of all the consequences of the exceedances shall be included with the data. Where appropriate, the reports may include more specific data on and assessments of forest protection, as well as data on other polluting substances for which provisions relating to monitoring are included, such as sundry non-regulated ozone precursors as stated in Appendix 2.5.3.10, Part B.


Section 2.5.3.
Assessment and management of air quality


Subsection 2.5.3.1.
Objectives


Article 2.5.3.1. [...]

Subsection 2.5.3.2.
Execution and responsibilities

[...]


Article 2.5.3.2. [...]

Subsection 2.5.3.3.
Establishment of the limit values and alarm thresholds for air


Article 2.5.3.3. [...]

Subsection 2.5.3.4.
Prior assessment of the air quality

[...]


Article 2.5.3.4. [...]

Subsection 2.5.3.5.
Assessment of the air quality


Article 2.5.3.5. [...]

Subsection 2.5.3.6.
General requirements related to the improvement of the air quality


Article 2.5.3.6. [...]

Subsection 2.5.3.7.
Measures applicable in zones where the levels are higher than the limit value


Article 2.5.3.7. [...]

Subsection 2.5.3.8.
Requirements applicable in zones where the levels are under the limit value


Article 2.5.3.8. [...]

Subsection 2.5.3.9.
Measures for cases in which the levels are above the alarm thresholds


Article 2.5.3.9. [...]

Subsection 2.5.3.10.
Submission of information and reports


Article 2.5.3.10. [...]

Section 2.5.4.
Assessment and management of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead


Subsection 2.5.4.1.
Sulphur dioxide


Article 2.5.4.1. [...]

Subsection 2.5.4.2.
Nitrogen dioxide and oxides of nitrogen


Article 2.5.4.2. [...]

Subsection 2.5.4.3.
Particulate matter


Article 2.5.4.3. [...]

Subsection 2.5.4.4.
Lead


Article 2.5.4.4. [...]

Subsection 2.5.4.5.
Assessment of the concentrations


Article 2.5.4.5. [...]

Subsection 2.5.4.6.
Public information


Article 2.5.4.6. [...]

Section 2.5.5.
Assessment and management of benzene and carbon monoxide


Subsection 2.5.5.1.
Benzene


Article 2.5.5.1. [...]

Subsection 2.5.5.2.
Carbon monoxide


Article 2.5.5.2. [...]

Subsection 2.5.5.3.
Assessment of the concentrations


Article 2.5.5.3. [...]

Subsection 2.5.5.4.
Information for the public


Article 2.5.5.4. [...]

Section 2.5.6.
Assessment and management of OZONE


Subsection 2.5.6.1.
Guide values and long-term objectives


Article 2.5.6.1. [...]

Subsection 2.5.6.2.
Assessment of ozone and precursor concentrations


Article 2.5.6.2. [...]

Subsection 2.5.6.3.
Requirements in zones and agglomerations for the achieving of the guide values and long-term objectives


Article 2.5.6.3. [...]

Subsection 2.5.6.4.
Information for the public


Article 2.5.6.4. [...]

Subsection 2.5.6.5.
Safety measures


Article 2.5.6.5. [...]

Subsection 2.5.6.6.
Cross-border air pollution


Article 2.5.6.6. [...]

Subsection 2.5.6.7.
Submission of information and reports to the European Commission


Article 2.5.6.7. [...]

Section 2.5.7.
Assessment and management of arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons, and assessment of mercury


Subsection 2.5.7.1.
Environment quality standards for arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons


Article 2.5.7.1. Translation not available

Subsection 2.5.7.2.
Assessment of concentrations in the ambient air and of depositions


Article 2.5.7.2.

§ 1.

The Flanders Environment Agency assesses the air quality of arsenic, cadmium, nickel and benzo(a)pyrene across the entire territory.

 

§ 2.

Measurement in accordance with the criteria stated in §7 is compulsory in the following zones:

zones and agglomerations where the levels lie between the upper and lower assessment threshold, and

other zones and agglomerations where the levels exceed the upper assessment threshold.

The measurements can be supplemented by models that offer an adequate level of information on the quality of the air.

rmation on the quality of the air.

 

§ 3.

A combination of measurements, including indicative measurements in accordance with Appendix 2.5.8.4, Part I, and models can be used to assess air quality in zones and agglomerations where levels lie between the upper and lower assessment threshold for a representative period. This is established according to the provisions stated in Appendix 2.5.8.2, Part II.

 

§ 4.

In zones and agglomerations where the levels lie below the lower assessment threshold, as established according to the provisions stated in Appendix 2.5.8.2, Part II, the levels may only be assessed through the use of models or techniques based on objective estimates.

 

§ 5.

If polluting substances have to be measured, these measurements are taken at permanent measuring points, either continuously, or by means of random sampling. The number of measurements must be high enough to establish these levels.

 

§ 6.

Where arsenic, cadmium, nickel and benzo(a)pyrene in the air is concerned, the upper and lower assessment thresholds stated in Appendix 2.5.8.2, Part I, apply. The classification of each zone or agglomeration for the purpose of implementing this Article must be evaluated at least once every five years according to the procedure stated in Appendix 2.5.8.2, Part II. However, this classification will be evaluated earlier if significant changes occur in activities relevant to the concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in the air.

 

§ 7.

The criteria for establishing the location of sampling points at which concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in the air are measured to assess whether the target values are being met, are stated in Appendix 2.5.8.3, Parts I and II. The minimum number of sampling points for fixed measurements of concentrations of each of the polluting substances is stated in Appendix 2.5.8.3, Part IV. The sampling points are set in each zone or agglomeration in which measurements are to be taken if fixed measurements are the only source of data on concentrations in this zone or agglomeration.

 

§ 8.

To assess the content of benzo(a)pyrene in the air, other relevant polycyclic aromatic hydrocarbons are monitored at a small number of measuring points. These compounds contain at least benzo(a)anthracene, benzo(b)fluoranthene, benzo(j)fluoranthene, benzo(k)fluoranthene, indeno(1,2,3-cd)pyrene and dibenzo(a,h)anthracene. Measuring points for these polycyclic aromatic hydrocarbons are set up at the same location as the measuring points for benzo(a)pyrene and must be selected in such a way that geographic variations and long term trends can be noted. Appendix 2.5.8.3, Parts I, II and III apply.

 

§ 9.

Irrespective of the concentration levels, where background values are concerned a sampling point must be set up for indicative air measurements of arsenic, cadmium, total gaseous mercury, nickel, benzo(a)pyrene and the remaining polycyclic aromatic hydrocarbon compounds stated in §8 and of the total deposition of arsenic, cadmium, mercury, nickel, benzo(a)pyrene and the remaining polycyclic aromatic hydrocarbons stated in §8. At least one measuring station is to be set up. With mutual agreement and in accordance with European Commission guidelines, one or more communal measuring stations covering neighbouring zones in adjacent countries can be set up to achieve the required spatial resolution (1 station per 100,000 km²). It is recommended that divalent mercury be measured in particulate form and as gas. Wherever useful, the monitoring must be coordinated with the monitoring strategy and measuring programme operated by the Cooperative programme for monitoring and evaluation of the long-range transmissions of air pollutants in Europe (European Monitoring and Evaluation of Pollutants, EMEP). The sampling points for these polluting substances must be selected in such a way that geographical variation and long-term trends can be noted. Appendix 2.5.8.3, Parts I, II and III apply.

 

§ 10.

Where regional patterns of influence on ecosystems are being assessed, the use of bio-indicators can be considered.

 

§ 11.

In zones and agglomerations in which the information from permanent measuring stations is supplemented by information from other sources, such as emission inventories, indicative measurement methods or air quality models, the number of permanent measuring stations set up and the spatial resolution of other techniques must be adequate to establish the concentrations of polluting substances in the air in accordance with Appendix 2.5.8.3, Part I, and Appendix 2.5.8.4, Part I.

 

§ 12.

The quality objectives for the data are stated in Appendix 2.5.8.4, Part I. If the assessment makes use of air quality models, Appendix 2.5.8.4, Part II shall apply.

 

§ 13.

The reference methods for the sampling and analysis of airborne arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons are stated in Appendix 2.5.8.5, Parts I, II and III. The reference techniques for measuring the total deposition of arsenic, cadmium, mercury, nickel and the polycyclic aromatic hydrocarbons are stated in Appendix 2.5.8.5, Part IV, and the reference techniques for air quality models are given in Appendix 2.5.8.5, Part V, if these techniques are available.

 

§ 14.

Via the appropriate channels, the Flanders Environment Agency informs the European Commission by no later than 15 February 2007 of the methods used for the prior air quality assessment according to Article 2.5.3.10, 5°, of Title II of the VLAREM.


Subsection 2.5.7.3.
Submission of information and reports to the European Commission


Article 2.5.7.3. Translation not available

Subsection 2.5.7.4.
Information for the public


Article 2.5.7.4.

The Flanders Environment Agency ensures that clear and understandable information is accessible for, and regularly made available to, the public and to qualified organisations such as environmental organisations, consumer organisations, organisations representing the interests of vulnerable groups of the population, and other relevant healthcare authorities, on the concentrations of arsenic, cadmium, mercury, nickel and benzo(a)pyrene, and on the remaining airborne polycyclic aromatic hydrocarbons, stated in Article 2.5.7.2, §8 as well as on the total deposition of arsenic, cadmium, mercury, nickel and benzo(a)pyrene and the remaining polycyclic aromatic hydrocarbons stated in Article 2.5.7.2, §8.

 

This information will also give the annual exceedances of the target values for arsenic, cadmium, nickel and benzo(a)pyrene in accordance with Appendix 2.5.8.1. The information also indicates the reasons for the value being exceeded and the area in which it applies. It will also contain a brief assessment of the target value and appropriate information on health implications and environmental effects.

 

The Air, Nuisance, Risk Management, Environment & Health Division provides information on any measures taken by virtue of Article 2.5.7.1 for the organisations stated in paragraph 1.

 

The information stated in paragraph 1, paragraph 2 and paragraph 3, is made available via channels such as the internet, the press and other easily accessible media.


Chapter 2.6.
POLICY TASKS CONCERNING ASBESTOS CONTROL


Article 2.6.0.1. The provisions of this chapter are established in pursuance of the law of 26 March 1971 on the protection of surface waters against pollution and the law of 28 December 1964 on the counteracting of air pollution.

Article 2.6.0.2.

In accordance with Directive 87/217/EEC, the EU Commission is informed as follows by the Public Waste Agency of Flanders (OVAM) through the appropriate channels:

-

every three years on the enforcement of this Directive.

-

the sampling and analysis procedures and methods used for determining the asbestos concentrations as well as information of importance for the assessment of their effectiveness.


Chapter 2.7.
POLICY TASKS RELATING TO WASTE MATERIALS


Section 2.7.1.
Reporting to the European Commission


Article 2.7.1.1.

§ 1.

In accordance with Article 15 of EC Directive 1999/31/EC of 26 April 1999 on the landfill of waste, every three years the OVAM sends to the European Commission through the appropriate channels a report about the implementation of this EC Directive, in which special attention is devoted to the Flemish strategies that must be developed in compliance with Article 5 of the same Directive for waste and forms of treatment not acceptable in landfills. The report shall be drawn up on the basis of a questionnaire or outline drafted by the European Commission according to the procedure laid down in Article 6 of EC Directive 91/692/EEC.

 

§ 2.

The report shall be sent to the European Commission, in each case within nine months of the end of the three-year period covered by it.


Article 2.7.1.2.

 

In accordance with the Council Decision of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills in accordance with Article 16 of and Annex II to Directive 1999/31/EC of 26 April 1999 on the landfill of waste, more specifically point 2 of its Annex, the OVAM draws up an annual report on the number of licences issued in compliance with the provisions of Article 5.2.4.1.6, §2.

 

 

 

The reports are sent every three years by the OVAM through the appropriate channels to the European Commission as part of the reporting stated in Article 2.7.1.1.

 


Article 2.7.1.3.

In accordance with Article 72 of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), every three years OVAM shall send the European Commission a report, through the appropriate channels, on the implementation of Chapter IV of this European Directive.

 

The report shall be sent to the European Commission electronically.

 

The report shall be published by OVAM.


Section 2.7.2.
Reporting for public perusal


Article 2.7.2.1. Translation not available

Chapter 2.8.
Policy tasks relating to best available techniques


Section 2.8.0.
Policy tasks to implement Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control


Article 2.8.0.1. [...]

Article 2.8.0.2. [...]

Article 2.8.0.3. [...]

Article 2.8.0.4. Control of ammonia

[...]


Section 2.8.1.
Policy tasks to implement Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control)


Article 2.8.1.1. Translation not available

Section 2.8.2.
Policy tasks relating to the production of Flemish BAT studies


Article 2.8.2.1.

To support the establishment of environmental conditions, Flemish BAT studies can be produced:

if, after a thorough assessment, this is deemed to be necessary for the specific Flemish situation. This is possible in the following instances:

a)

on account of a Flemish policy priority, or

b)

a Flemish environmental problem is involved (exceedances of one or more European environmental quality standards), or

c)

a sector requests new or updated Flemish sectoral environmental conditions (not stated at European level);

if the establishments classified as causing a nuisance have been identified as the main cause (if not the BAT philosophy must first be applied to the more important sources).

 

For the purposes of this Section, a Flemish BAT study is understood to mean: a document that is the result of the exchange of information organised pursuant to Article 2.8.2.2, paragraph 2, which is produced for clearly defined activities and more specifically provides a description of techniques used, current emissions and consumption levels, techniques considered for determining best available techniques, as well as recommendations for environmental regulations and possible emerging techniques, with particular attention to the criteria stated in Appendix 18 of Title I of the VLAREM.


Article 2.8.2.2.

The Flemish BAT studies are produced or revised by the research institution appointed by the Government of Flanders.

 

For each Flemish BAT study, a support committee is set up by the steering committee stated in Article 2.8.2.3. To produce, revise and where necessary update the Flemish BAT studies, the research institution appointed by the Government of Flanders organises and coordinates the exchange of information within the support committee between the technical experts who act as representatives of the advisory government bodies stated in Article 20, §1, of Title I of the VLAREM, the Environmental Inspectorate Department, the business sectors concerned, the non-governmental organisations that promote environmental protection and other parties concerned.

 

The support committee meets at least three times, once at the start of the Flemish BAT study and at least twice to discuss successive draft versions of the Flemish BAT study.

 

During the discussion of the pre-final draft, an effort is made to reach a consensus within the support committee regarding the Flemish BAT study. The research institution appointed by the Government of Flanders takes into account the opinions of the support committee when preparing the final draft of the Flemish BAT study, and presents the final draft to the support committee in writing. If the support committee fails to reach a consensus regarding the final draft, the differing opinions and supporting arguments are set down in an appendix to the Flemish BAT study, together with a reply from the research institution appointed by the Government of Flanders.

 

The final draft is also submitted to the steering committee stated in Article 2.8.2.3. Any comments from the steering committee and the supporting arguments are set down in an appendix to the Flemish BAT stud, together with a reply from the research institution appointed by the Government of Flanders.

 

The finished Flemish BAT study is made available to the public, at least through the internet.


Article 2.8.2.3. Translation not available

Article 2.8.2.4. Translation not available

Chapter 2.8bis.
Policy tasks with respect to the European register for pollutants


Article 2.8bis.0.1. Translation not available

Article 2.8bis.0.2. Translation not available

Article 2.8bis.0.3.

§ 1.

The department reports annually by electronic data transfer and through the appropriate channels to the European Commission in conformity with Article 7 of the Regulation.

 

§ 2.

the Division, competent for the international environmental policy, reports each third reporting year through the appropriate channels to the European Commission on the supplementary information stated in Article 16 of the Regulation.


Chapter 2.9.
POLICY TASKS RELATING TO THE LIMITATION OF THE EMISSION OF VOLATILE ORGANIC COMPOUNDS AS A RESULT OF THE USE OF ORGANIC SOLVENTS WITH CERTAIN ACTIVITIES AND INSTALLATIONS


Article 2.9.0.1. Translation not available

Article 2.9.0.2. Translation not available

Article 2.9.0.3.

§ 1.

The Division competent for air pollution is appointed as the authority for the exchanging of the information as stated in Article 7, paragraph 1, of Council Directive 1999/13/EC and in Article 64 of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control). The minister informs the European Commission of this appointment through the appropriate channels.

 

§ 2.

In accordance with Council Directive 1999/13/EC, every three years the Department competent for air pollution reports to the European Commission through the appropriate channels with regard to the implementation of this Directive. The report is submitted to the Commission within nine months of the period of three years to which it relates. With the exception of the limitations stated in Article 5.59.2, second and third paragraph, of Directive 90/313/EEC, the Department competent for air pollution publishes the reports at the time of submitting them to the Commission. The first report relates to the first three years after 1 April 2001.

 

§ 3.

The report stated in §2 is formulated on the basis of a questionnaire or outline developed by the Commission acting according to the procedure laid down in Article 6 of Directive 1991/692/EEC.

 

The report shall include sufficient representative information to demonstrate that the requirements stated in Article 5 of Directive 1999/13/EC have been met. This report shall also include a summary of the derogations granted with the implementation of Article 5.59.2.1, §2, of this Order.


Chapter 2.10.
POLICY TASKS RELATING TO EMISSION CEILINGS FOR SO2, NOx, VOC AND NH3

Translation not available

Translation not available

Translation not available

Section 2.10.1.
Emission ceilings

Translation not available

Article 2.10.1.1. Translation not available

Translation not available

Section 2.10.2.
Interim policy objectives

Translation not available

Article 2.10.2.1. Translation not available

Translation not available

Section 2.10.3.
Programmes

Translation not available

Article 2.10.3.1. Translation not available

Translation not available

Section 2.10.4.
Emission inventories and forecasts

Translation not available

Article 2.10.4.1. Translation not available

Translation not available

Translation not available

Section 2.10.5.
Reporting to the European Commission

Translation not available

Article 2.10.5.1. Translation not available

Translation not available

Translation not available

Translation not available

Translation not available

Chapter 2.11.
Policy tasks relating to the restriction of emissions of NOx, SO2 and dust as a result of emissions from large combustion plants.

Translation not available

Section 2.11.1.
Emissions inventory and reporting to the European Commission


Article 2.11.1.1. [...]

Article 2.11.1.2.

For each calendar year, the Flanders Environment Agency shall draw up an inventory of the emissions of NOX, SO2 and dust and of the energy input relating to all combustion plants with a total nominal thermal input capacity of 50 MW or more, with the exception of those installations stated in Article 5.43.1.2. The annual emission inventory for each installation shall be drawn up taking into account the aggregation rules stated in Article 5.43.3.1, and at least include the following information:

the total thermal input capacity (MW) of the combustion plant;

the type of combustion plant: steam boiler, gas turbine, gas or diesel engine, other (indicating the type);

the date on which the combustion plant was commissioned;

the total annual emissions, expressed in tonnes per annum, SO2, NOx and dust (as total suspended particulate matter);

the number of operating hours for the combustion plant;

the total amount of energy consumed each year, expressed as the net calorific value (TJ per annum) and stated for the following categories of fuel: coal, lignite, biomass, turf, other solid fuels (indicating the type), liquid fuels, natural gas or other gases (indicating the type).

 

On the request of the European Commission, the Flanders Environment Agency shall make the information stated in paragraphs 1 and 2 available to the European Commission through the appropriate channels.


Article 2.11.1.3.

§ 1.

Every three years the Flanders Environment Agency draws up a summary of the results of the inventory stated in Article 2.11.1.2, in which the emissions of each refinery are separately stated.

 

§ 2.

Within twelve months of the end of the period of three years, the Flanders Environment Agency reports through the appropriate channels to the European Commission in accordance with paragraph 1.


Translation not available

Translation not available

Section 2.11.2.
Reporting to the European Commission


Article 2.11.2.1. Translation not available

Article 2.11.2.2.

Each year the Flanders Environment Agency collects the information concerning combustion plants that, in compliance with Article 5.43.3.15, are considered for a derogation from the emission limit values, and from 1 January 2016 each year shall draw up an overview of the used and unused time for the remaining operating time of such plants.

 

With effect from 1 January 2016, each year the Flanders Environment Agency shall report to the European Commission through the appropriate channels.


Translation not available

Chapter 2.12.
Policy tasks relating to the management of waste from extractive industries


Article 2.12.0.1. Translation not available

Article 2.12.0.2.

§ 1.

The Division, competent for natural resources, is appointed as the competent authority to keep the inventory of closed waste facilities.

 

§ 2.

The Database for the Subsoil of Flanders shall publish the inventory stated in §1 and shall do so via suitable applications.

 

§ 3.

An inventory of closed waste facilities with a serious negative impact on the environment, or which have the potential of becoming a serious threat to human health or the environment in the medium or short term, is drawn up and periodically updated. This inventory is to be made available to the public and is to be drawn up by no later than 1 May 2012, taking into account the methodologies stated in Article 21 of Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries, where these are available.


Article 2.12.0.3. Translation not available

Chapter 2.13.
Policy tasks for limiting the use of perfluorooctane sulfonates


Article 2.13.1.1. [...]

CHAPTER 2.14.
Environmental quality standards for electromagnetic waves and relative policy tasks


Section 2.14.1.
General provisions


Article 2.14.1.1.

The provisions of this chapter apply to electromagnetic waves with a frequency between 10 MHz and 10 GHz, which come from fixed and temporary transmitting antennas.

 

The provisions of this chapter are not applicable to electromagnetic waves that come from:

 

mobile transmitting antennas;

medical equipment and industrial applications for the space in which the source of the electromagnetic waves is located.

 

For the fixed transmitting antennas that are used to guarantee the safety of aviation, an exemption may be requested from the minister if a restriction of the power of the fixed transmitting antennas is contrary to international standards and regulations on aviation safety (ICAO).


Section 2.14.2.
Environmental quality standards for electromagnetic waves with a frequency between 10 MHz and 10 GHz


Article 2.14.2.1.

The values stated in the table below for electrical field strength in V/m apply as limit values for the Eav, 6 min level of electromagnetic waves, where f is the frequency in MHz, and Eiref is the reference level for the electrical field strength.

 

 

frequency:
f in MHz

electric field strength:
E in V/m (Eiref)

10 to 400

13.7

400 to 2000

0.686 f

2000 to 10,000

30.7

 

For composite fields, the electrical field strength must be limited so that:

 

 

 

Ei: the electrical field strength at the frequency i;

Eiref: the reference level for the electrical field strength, stated in paragraph 1.

 

The provisions do not apply within the safety zone of a fixed or temporary transmitting antenna.


Section 2.14.3.
Policy tasks


Article 2.14.3.1. The minister shall establish the measuring procedure and the measuring strategy for electromagnetic waves.

Article 2.14.3.2. The Division, competent for environmental pollution from electromagnetic waves, shall produce a register of fixed transmitting antennas. That register shall at least include the technical file of fixed transmitting antennas, as stated in Article 6.10.2.1, paragraph 1, if they are used for telecommunications, with the exception of temporary transmitting antennas. The register shall at least include: the precise location of the transmitting antenna, the type, its dimensions, the direction and the transmitting power. The anticipated exposures shall be given for the control points for which simulations were carried out.

Article 2.14.3.3. [...]

CHAPTER 2.15.
Policy tasks relating to industrial emissions


Article 2.15.0.1. In accordance with Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), the European Commission shall be notified by the competent public authorities, each in its own area, through the appropriate channels, of the information requested in accordance with Article 72 of this Directive, without prejudice to Chapter 2.11.

Chapter 2.16.
Policy tasks relating to energy efficiency


Article 2.16.1. Translation not available

Part 3.
AREA OF APPLICATION OF AND TRANSITIONAL PROVISIONS FOR THE ENVIRONMENTAL CONDITIONS FOR CLASSIFIED ESTABLISHMENTS; THE STIPULATION OF SPECIAL CONDITIONS FOR LICENCES


Chapter 3.1.
AREA OF APPLICATION


Article 3.1.1. Translation not available

Chapter 3.2.
TRANSITIONAL PROVISIONS


Section 3.2.1.
Transitional provisions for existing establishments


Article 3.2.1.1. Unless stated otherwise in the environmental conditions, the site regulations do not apply to an existing establishment or to its authorised modification if they obstruct the right to operation obtained from an issued licence or notification, and on renewal of that licence.

Article 3.2.1.2. Translation not available

Section 3.2.2.
Changes to existing establishments


Article 3.2.2.1. Pursuant to the derogation relating to the application of the site regulations stated in Articles 3.2.1.1 and 3.2.2.2, the transitional provisions apply to existing establishments stated in Section 3.2.1, not to components of an establishment that were or are added to an existing establishment after 1 January 1993, regardless of their size.

Article 3.2.2.2. Translation not available

Section 3.2.3.
Transitional provisions for existing storage of dangerous products and combustible liquids


Article 3.2.3.1.

For the purposes of this Section, existing storage of dangerous products and combustible liquids is understood to mean that:

which, on 1 June 2015, was licensed for the dangerous products or combustible liquids concerned, or for which an environmental licence application or notification of minor modification was submitted for the dangerous products or combustible liquids concerned before 1 June 2015; or

storage which, on 1 June 2015, was commissioned for the dangerous products or combustible liquids concerned and for which notification took place before 1 June 2015, if this concerns establishments classified in category 3 for the storage of dangerous products or combustible liquids concerned; or

storage of dangerous products or combustible liquids that was present on 1 June 2015 and which becomes subject to licence or notification in accordance with Section 6.4 or Section 17 as applicable from 1 June 2015.


Article 3.2.3.2. The current conditions in application of Chapter 3.3 imposed on the existing storage of dangerous products and combustible liquids, which are stricter than this Order, which relate to adaptation to the CLP Regulation shall remain in force for the period to which they apply.

Article 3.2.3.3. Save for derogations from the provisions in question, if (certain) current conditions, as stated in Article 3.2.3.2, are less strict than this Order and relate to adaptations to the CLP Regulation, these stricter provisions and any additional provisions for existing storage of dangerous products and combustible liquids are satisfied as from 1 June 2016, except for the provisions specified below, which shall apply as of 1 June 2018: Article 4.1.7.1, 4.1.7.2, §§1 and 2, 5.5.1.6, §1, 5.6.1.1.4, §§§§3, 4, 5 and 6, 5.6.1.1.10, 5.6.1.3.6, §§§§3, 4, 5, 6, 5.6.1.3.7, 5.6.1.3.8, 5.7.1.3, §3, 5.7.1.4, §1, 5.17.3.3.2, 5.17.3.3.3, 5.17.4.1.6, 5.17.4.1.7, §1, 5.17.4.1.12, 5.17.4.1.16, 5.17.4.3.6, 5.17.4.3.7 and 5.17.4.3.8;

Article 3.2.3.4.

The derogations that are permitted prior to 1 June 2015 and which relate to the existing storage of dangerous products and combustible liquids shall continue to apply until the end of the licence period in accordance with the conditions in the exemption decisions.

 

These decisions are kept available by the operator for the perusal of the supervisor.


Chapter 3.3.
SPECIAL CONDITIONS FOR LICENSING

Translation not available

Article 3.3.0.1. Translation not available

Article 3.3.0.2. Translation not available

Translation not available

Part 4.
GENERAL ENVIRONMENTAL CONDITIONS FOR CLASSIFIED ESTABLISHMENTS


Chapter 4.1.
GENERAL REGULATIONS


Article 4.1.0.1. The provisions of this part hold for the complete technical environmental entity.

Section 4.1.1.
General location regulations for establishments of the third category


Article 4.1.1.1. Unless stipulated otherwise in the concerned chapters, the operation of a third category establishment is permitted only if its location is compatible with the general and additional urban planning regulations as stipulated in the ratified regional plan or in an environmental implementing plan or in another development plan.

This provision does not apply to establishments of the third category that form part of an establishment of the first or second categories.

Section 4.1.2.
Best Available Techniques (BAT)


Article 4.1.2.1. Translation not available

Section 4.1.3.
Hygiene and nuisance management


Article 4.1.3.1. The establishment must be kept clean and tidy in a properly maintained condition. Any time the occasion calls for it, effective measures must be taken against vermin.

Article 4.1.3.2. Without prejudice to Article 4.1.2.1., the operator shall take all necessary measures as a normally careful person to avoid causing nuisance to the neighbourhood through odour, smoke, dust, noise, vibrations, non-ionising radiation, light, etc.

Article 4.1.3.3. If nuisance is caused, the operator must immediately take the necessary measures to rectify the situation.

Article 4.1.3.4. [...]

Section 4.1.4.
Compulsory measurements and recording


Article 4.1.4.1. Translation not available

Article 4.1.4.2. Translation not available

Section 4.1.5.
General duty of information


Article 4.1.5.1. Translation not available

Article 4.1.5.2. Translation not available

Article 4.1.5.3. If the technical purification establishments of an establishment break down as a result of a defect or for any other reason, or if the emission or immission standards are exceeded for any other reason whatsoever, the operator is to immediately inform the supervisory body of this.

 

§ 1.

In the event of accidental emissions that may result in pollution, the operator of an establishment is to take the necessary measures to:

  1. immediately inform the supervisory official of the incident;
  2. immediately warn third parties who might suffer damage as a result of the emission, also informing these third parties of any measures they may take to either avert or restrict the danger; however, this provision does not apply if the regulations drawn up by the federal government within the scope of civil protection are applicable;
  3. restrict as much as possible the consequences for man and environment

 

§ 3.

If the technical purification installations of an establishment break down as a result of a defect or for any other reason, or if the emission or immission standards are exceeded for any other reason whatsoever, the operator is to immediately inform the supervisory official of this.


Translation not available

Translation not available

Section 4.1.6.
Waste materials management and the management of installations that have been put out of operation.


Article 4.1.6.1. Translation not available

Article 4.1.6.2. Translation not available

Article 4.1.6.3. Translation not available

Article 4.1.6.4. [...]

Section 4.1.7.
Storage of hazardous substances


Article 4.1.7.1. Solid substances in bulk

Translation not available

Article 4.1.7.2. Hazardous liquids

Translation not available

Article 4.1.7.3. The removal of spilt polluting substances

Without prejudice to Section 4.1.12, spilt polluting substances - diluted or otherwise - are removed in accordance with the prevailing regulations.

Article 4.1.7.4. The collection of fire extinguishing water

[...]


Section 4.1.8.
The annual environmental report


Article 4.1.8.1. Translation not available

Article 4.1.8.2.

§ 1.

The operators of the establishment categories referred to in Article 4.1.8.1 are obliged to send the annual environmental report to the administration every year in the course of the year following the calendar year to which the annual report relates, in accordance with Articles 2 and 3 of the Order of the Government of Flanders of 2 April 2004 introducing the integral annual environmental report, before the date stipulated therein. The Appendices to the annual report referred to in §2 of Article 4.1.8.3 do not have to be attached.

 

§ 2.

[...]

 

§ 3.

New establishments taken into operation must provide their first annual report in the year following the first full calendar year of operations.


Article 4.1.8.3. Translation not available

Article 4.1.8.4. [...]

Section 4.1.9.
Internal company environmental protection


Article 4.1.9.1. Translation not available

Subsection 4.1.9.1.
The environmental coordinator


Article 4.1.9.1.1. Translation not available

Article 4.1.9.1.2. Translation not available

Article 4.1.9.1.3. Translation not available

Article 4.1.9.1.4. Translation not available

Article 4.1.9.1.5.

The operator is obliged to do everything required for the environmental coordinator to be able to perform his/her duties adequately. Insofar as required, he/she is to place auxiliary personnel, rooms, material and resources at the coordinator's disposal.

 

The environmental coordinator, who is an employee of the operator, may not be placed at a disadvantage for the tasks he/she performs in his/her capacity as environmental coordinator.


Article 4.1.9.1.6. [...]

Subsection 4.1.9.2.
The environmental audit


Article 4.1.9.2.1. Translation not available

Article 4.1.9.2.2. To promote the voluntary participation of organisations in the Community eco-management and audit scheme, as regulated by Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC, no contribution to the registration fees of an organisation is fixed.

Article 4.1.9.2.3. For the application in the Flemish Region of the provisions of Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC, and using the cooperation agreement of 30 March 1995 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the implementation of Council Regulation (EEC) No 1836/93 of 29 June 1993 allowing voluntary participation by companies in the industrial sector in a Community eco-management and audit scheme

Article 4.1.9.2.4. The decreed environmental audit

Translation not available

Article 4.1.9.2.5.

§ 1.

The environmental audit referred to in Article 4.1.9.2.4. consists of a systematic, well-documented and objective evaluation of the management, organisation and equipment of the establishment or activity concerned in relation to environmental protection.

 

§ 2.

The environmental audit referred to in Article 4.1.9.2.4. concerns:

emissions and immissions, and their impact on the quality of the environment;

the energy management;

management of raw materials;

production methods and product management;

prevention and management of wastes;

external safety;

information, training and participation of personnel as regards internal company environmental protection;

providing information to the public;

suggestions made and advice given by the environmental coordinator, as referred to in §3 of Article 4.1.9.1.3., and how this has been acted upon.

 

§ 3.

The environmental audit referred to in Article 4.1.9.2.4. must be validated by an environmental verifier recognised in application of the Flemish Regulations on Recognition regarding the Environment.


Article 4.1.9.2.6. Translation not available

Article 4.1.9.2.7.

§ 1.

The periodic environmental audit referred to in Article 4.1.9.2.4., §1 must be repeated at regular intervals. The interval between two consecutive audits may not be longer than 3 years.

 

§ 2.

New establishments shall conduct a first environmental audit within two years of being commissioned.


Subsection 4.1.9.3.
The role of the Committee for Prevention and Protection at Work


Article 4.1.9.3.1. Translation not available

Section 4.1.10.
Special Investigation Commissions


Article 4.1.10.1. [...]

Section 4.1.11.
Use of hazardous substances (Regulation (EC) No 1907/2006)

Use of hazardous substances (Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC)

Article 4.1.11.1. Pursuant to Article 67 of Regulation (EC) No 1907/2006, a substance may not be manufactured or used as such, or in a preparation or object to which a restriction in Appendix XVII of Regulation (EC) No 1907/2006 applies, unless the conditions of this restriction are satisfied. This does not apply to the manufacture and use of a substance for scientific research or scientific development. Appendix XVII specifies when the restriction does not apply to research and development carried out on products and processes, and specifies the maximum quantity exempted.

Article 4.1.11.2. Pursuant to Article 56 of Regulation (EC) No 1907/2006, a manufacturer, importer or downstream user may not use a substance listed in Appendix XIV of Regulation (EC) No 1907/2006 for a particular use, unless the provisions of Article 56 of said Regulation are satisfied.

Section 4.1.12.
Risk management


Article 4.1.12.1.

§ 1.

The operator shall provide for the necessary measures to ensure that events and their consequences for man and the environment are prevented or minimised.

 

This involves, among other things, the operator doing the following:

providing for the necessary measures to prevent accidentally diffused substances or contaminated fire-extinguishing water from draining directly into the groundwater, a public sewer, watercourse or any other place where surface waters collect;

providing for the necessary fire prevention measures;

providing for the necessary detection, emergency and intervention measures.

 

The operator shall determine the organisation of the fire-fighting, the fire-fighting equipment and the capacity for collecting contaminated fire-extinguishing water in accordance with a code of good practice, and in so doing shall consult the competent fire service.

 

The fire-fighting equipment must be in good condition, protected against frost, effectively signalled, easily accessible and judiciously distributed and must be able to function immediately.

 

§ 2.

The operator may at any time demonstrate to the supervisory bodies that he/she has provided for the necessary measures.


Article 4.1.12.2.

§ 1.

In case of an incident or the imminent threat of an incident, the operator shall immediately take the necessary measures to control and manage the incident, thereby minimising the consequences for man and the environment and to prevent further possible incidents.

 

§ 2.

In the case of an establishment covered by the scope of Directive 2010/75/EU of the European Parliament and the Council of 24 November 2010 on industrial emissions, the operator shall immediately, and in any case as quickly as possible and by the most appropriate means, report the incident and the measures taken and planned to the Division competent for environmental enforcement.

 

§ 3.

In the event of an incident, the operator shall immediately warn third parties who could suffer consequences of the emission, indicating the measures they can take to avert or limit the danger.

 

Subparagraph 1 does not apply if the regulations established by the Federal Government in connection with civil protection apply.

 

If, as a result of the incident, the operation of a waste water treatment installation may be adversely affected, the operator shall also immediately warn the manager of the installation in question.


Article 4.1.12.3.

Without prejudice to Article 4.1.12.2, §2, in the case of an incident, the operator shall provide the Division, competent for environmental enforcement, with the following information as quickly as possible:

general information about the operator;

the time, nature, circumstances and causes of the incident;

the products involved;

available information that could be used to assess the consequences of the incident for man and the environment;

the measures taken to manage and control the incident.

 

For this, the operator shall use the form stated in Appendix 4.1.12, or another information carrier containing the same information.

 

If further investigation produces new data that change the information provided or the conclusions drawn therefrom, the operator shall update this information and send it to the Division competent for environmental enforcement.


Article 4.1.12.4.

After an incident, and depending on the consequences that might occur either immediately or after a period of time and in accordance with the applicable regulations, the operator shall take the necessary measures to clean and restore the environment.

 

The operator shall inform the Division competent for environmental enforcement of the planned measures and notify it of their implementation.


Article 4.1.12.5.

After an incident, the operator shall take the necessary measures to prevent a repeat of the incident.

 

The operator shall inform the Division competent for environmental enforcement of the planned measures and notify it of their implementation.


Section 4.1.13.
IPPC installations


Article 4.1.13.1. [...]

Article 4.1.13.2. [...]

Article 4.1.13.3. [...]

Article 4.1.13.4. [...]

Article 4.1.13.5. [...]

Chapter 4.2.
CONTROL OF SURFACE WATER POLLUTION


Section 4.2.1.
Scope and general provisions


Article 4.2.1.1.

The provisions of the present Chapter are applicable to the discharging of:

-

industrial waste water and cooling water as referred to in Sections [...] 3.4. and 3.5.,

-

waste water originating from waste water treatment installations as referred to in Section 3.6.,

-

domestic waste water as referred to in Section 3.2.

Included in part 6:

-

the conditions for discharging domestic waste water originating from residential areas, including from any corresponding waste water treatment installation;

-

the conditions for discharging domestic waste water, other than that originating from residential areas, in which the flow rate does not exceed 600 m³/annum, including from any corresponding waste water treatment installation.

 


Article 4.2.1.2. Translation not available

Article 4.2.1.3. Translation not available

Subtitle:.
The discharging of industrial waste water and cooling water


Section 4.2.2.
The discharging of industrial waste water not containing hazardous substances


Article 4.2.2.1. Translation not available

Subsection 4.2.2.1.
The discharging of industrial waste water not containing hazardous substances into ordinary surface waters [...]

Article 4.2.2.1.1.

The general conditions for discharges into ordinary surface waters and/or for discharges of industrial waste water containing no hazardous substances in the outlying area to be individually optimised are as follows:

if the industrial waste water to be discharged contains such a quantity of pathogenic germs that the receiving water might become dangerously polluted as a result of the discharge, the waste water must first be disinfected;

the pH value of the discharged industrial waste water may not be over 9 or below 6.5; if the discharged industrial waste water originates from the use of ordinary surface water and/or groundwater and if the natural pH value of this surface water and/or groundwater is over 9 or below 6.5, one may use this natural pH value for determining the limit values for the pH of the discharge;

the biochemical oxygen demand in five days at 20°C in the industrial waste water discharged may not exceed 25 mg oxygen demand per litre;

the temperature of the industrial waste water discharged may not exceed 30°C; if it is explicitly stated in the licence and with an outside temperature of 25°C or more, or if the cooling water is taken in at a temperature of 20°C or more, the waste water discharged may have a temperature of up to 35°C insofar as this does not cause the temperature of the receiving surface water to exceed the value indicated in the environmental quality standards;

in the industrial waste water discharged, the following concentrations may not be exceeded:

a)

0.5 millilitres per litre for settlable solids (during stationary sedimentation for two hours);

b)

60 milligrams per litre for suspended solids;

c)

5 milligrams per litre for perchloroethylene-extractable apolar substances;

d)

3 milligrams per litre for the sum of anionic, non-ionic and cationic surface-active agents;

if the industrial waste water discharged originates from the use of ordinary surface water and/or groundwater, the values set down in sub 3° and sub 5° of the present Article may be increased by the concentration value in the water taken in;

a representative sample of the industrial waste water discharged must not contain oils, fats or other floating substances in such quantities that the presence of a floating film can be established unequivocally; when in doubt, the presence of the film can be established by pouring the sample into a separating funnel to examine whether the two phases can be separated.

 


Subsection 4.2.2.2.
Discharge of industrial waste water containing no hazardous substances into the public sewage system of a municipality for which a zoning plan has not yet been finalised.

Article 4.2.2.2.1. [...]

Article 4.2.2.2.2. [...]

Subsection 4.2.2.3.
The discharging of industrial waste water not containing hazardous substances into the public sewage systems

Article 4.2.2.3.1.

In a municipality for which the municipal zoning plan has been finalised, the discharge of industrial waste water containing no hazardous substances in the central area, the collectively optimised outlying area and/or the outlying area to be collectively optimised must satisfy the following general conditions:

1° 

the pH value of the industrial waste water discharged must be between 6 and 9.5;

the temperature of the industrial waste water discharged may not exceed 45°C;

the dimensions of the suspended solids present in the industrial waste water discharged may not exceed 1 cm. These substances do not hinder the proper operation of the pumping and treatment stations by their structure;

the industrial waste water discharged does not contain any dissolved, flammable or explosive gases, or products that could cause such gases to be released. The industrial waste water discharged does not cause any dissemination of effluvia that harm the environment;

the following concentrations may not be exceeded in the discharged industrial waste water:

a)

1 g/l suspended solids;

b)

0.5 g/l substances extractable in petroleum ether.

unless explicitly provided for in the licence, the industrial waste water discharged may not contain substances that:

a)

constitute a hazard for the maintenance personnel of the sewer system and water treatment installation;

b)

may damage or block the pipes;

c)

constitute an impediment to the proper working of the pumping and water treatment units;

d)

may cause serious pollution of the receiving surface water or may seriously pollute the receiving surface water in which the water from the public sewer is discharged;

assessment of the discharge of industrial waste water at a sewage treatment installation is governed by the criteria stated in Articles 2 and 3 of the Order of the Government of Flanders of 21 February 2014 establishing the rules for the discharge of industrial waste water at a public sewage treatment installation.


Article 4.2.2.3.2. In a municipality for which the municipal zoning plan has been finalised, the discharge of industrial waste water containing no hazardous substances in the outlying area to be individually optimised must satisfy the conditions of Article 4.2.2.1.1.

Article 4.2.2.3.3. In the case of existing licensed or reported discharges, those conditions of the present subsection which differ in a stricter sense from the situation as it was before the municipal zoning plan was finalised are to come into force on the first day of the 29th month after finalisation of the municipal zoning plan.

Section 4.2.3.
The discharging of industrial waste water containing one or more hazardous substances.


Article 4.2.3.1. Translation not available

Section 4.2.4.
Discharging of cooling water


Article 4.2.4.1. Translation not available

Subtitle:.
Measurements and monitoring upon discharge of industrial waste water, cooling water and water treatment installation influent/effluent


Section 4.2.5.
Measurements and monitoring


Subsection 4.2.5.1.
Monitoring installation and sampling equipment

Article 4.2.5.1.1. Translation not available

Article 4.2.5.1.2. Translation not available

Subsection 4.2.5.2.
Self-monitoring programme for the discharging of industrial waste water not containing hazardous substances

Article 4.2.5.2.1. Translation not available

Subsection 4.2.5.3.
Self-monitoring programme for the discharging of industrial waste water containing one or more hazardous substances

Article 4.2.5.3.1. Translation not available

Subsection 4.2.5.4.
Monitoring programme for the discharging from waste water treatment installations where urban waste water is treated

Article 4.2.5.4.1. Translation not available

Article 4.2.5.4.2.

§ 1.

The measurements and analyses referred to in Article 4.2.5.4.1. must be performed and assessed in accordance with the programme and criteria described in Appendix 4.2.5.4.

 

§ 2.

The operator must record the results of the measurements carried out in a measurement dossier that must always be kept available for inspection by the supervisory bodies.


Section 4.2.6.
Assessment of monitoring measuring results by the supervisory body


Article 4.2.6.1.

§ 1.

When taking samples of the discharged waste water (industrial waste water and cooling water), in connection with the technical inspection of the discharge of waste water stated in Articles 37 to 56, inclusive, of the Order of the Government of Flanders of 12 December 2008 implementing Title XVI of the Decree of 5 April 1995 concerning the general stipulations related to environmental policy, either at least one scoop sample is taken, or a flow-proportional 24-hour mixed sample, or simultaneously both at least one scoop sample and a flow-proportional 24-hour mixed sample.

 

§ 2.

Should the analysis of a scoop sample show that the value measured for a parameter, with allowances made for accuracy and precision, exceeds twice the emission limit value for that parameter, the limit value is assumed to have been exceeded. As regards the parameters flow rate, acidity and temperature, and as regards the substances in Appendix 2C, however, the limit value is also assumed to have been exceeded if the measured value is higher, with allowances made for the measurement uncertainty requirements for these parameters in Appendix 4.2.5.2, than the emission limit value for that parameter. If no emission limit value is available, the test must be performed against the classification criterion for hazardous substances in accordance with Appendix 2.3.1.

 

§ 3.

Should the analysis of a scoop sample show that the measured value for a parameter other than flow rate, acidity and temperature and the substances in Appendix 2C is less than or equal to twice the emission limit value for that parameter, but is higher, with allowances made for the measurement uncertainty requirements for that parameter given in Appendix 4.2.5.2, than the emission limit value or classification criterion for that parameter (or, failing this, the reporting limit that applies to that parameter), an evaluation of the value measured for that parameter should be made in a second sample. This second sample will be either the 24-hour flow rate-proportional mixed sample taken at the same time as the first sample or, if only one sample was taken, a new sample taken within a reasonable period of time. Should the measured value in this second sample also be higher, with allowances made for the measurement uncertainty requirements for that parameter given in Appendix 4.2.5.2, than the emission limit value for that parameter, the limit value is assumed to have been exceeded.

 

§ 4.

Should the analysis of a flow rate-proportional 24-hour mixed sample show that the measured value for a parameter is higher, with allowances made for the measurement uncertainty requirements for that parameter given in Appendix 4.2.5.2, than the emission limit value or classification criterion for that parameter (or, failing this, the reporting limit that applies to that parameter), the limit value is assumed to have been exceeded.

 

§ 5.

When evaluating limit values for discharge loads, the concentration measured in the 24-hour flow rate-proportional mixed sample is multiplied by the total flow rate discharged over this 24-hour period, with allowances made for the measurement uncertainty requirements for that parameter given in Appendix 4.2.5.2. Should it transpire that this discharged load is higher than the limit value for the discharge load, the emission value is assumed to have been exceeded.

 

§ 6.

When evaluating parameter proportions, the concentrations in the 24-hour flow rate-proportional mixed sample are used. If the value thus obtained differs by more than 50% from the limit value, the limit value is assumed to have been exceeded


Subtitle:.
The discharging of domestic waste water


Section 4.2.7.
Discharge of domestic waste water in a municipality for which the municipal zoning plan has not yet been finalised


Subsection 4.2.7.1.
The discharging of domestic waste water in ordinary surface waters or in artificial drainage systems

Article 4.2.7.1.1. [...]

Article 4.2.7.1.2. [...]

Subsection 4.2.7.2.
Discharging domestic waste water in public sewage systems

Article 4.2.7.2.1. [...]

Subsection 4.2.7.3.
Working and maintenance of individual pre-treatment installations, such as septic tanks

Article 4.2.7.3.1. [...]

Section 4.2.8.
Discharge of domestic waste water in a municipality for which the municipal zoning plan has been finalised


Subsection 4.2.8.1.
Discharge of domestic waste water in the outlying area to be individually or collectively optimised


Article 4.2.8.1.1. Translation not available

Article 4.2.8.1.2. Whenever the public road does not have a public sewage system, and, moreover, it does not appear possible to discharge waste water into a neighbouring watercourse in accordance with the laws and regulations, it is permissible to discharge domestic waste water into a man-made drainage channel pursuant to Article 4.2.1.3, under the same conditions as those in Article 4.2.8.1.1.

Subsection 4.2.8.2.
Discharge of domestic waste water in the central area or the collectively optimised outlying area


Article 4.2.8.2.1.

§ 1.

In a municipality for which the municipal zoning plan has been finalised, the discharge of domestic waste water in the central area or the collectively optimised outlying area is permissible under the following general conditions:

 

the discharged waste water may not contain textile fibres, or plastic packaging materials, or solid domestic waste materials of an organic or inorganic nature.

the discharged water may not contain:

a)

mineral oils, inflammable substances or volatile solvents;

b)

other substances extractable with petroleum ether, with a value in excess of 0.5 g/l;

c)

other substances likely to make the sewer water toxic or dangerous.

 

§ 2.

In the central area or the collectively optimised outlying area, it is preferable for domestic waste water to be discharged directly into the public sewage system. Wherever dictated by the drainage situation or the nature of the treatment technology, the local authority can impose the requirement that waste water be passed through an individual pre-treatment installation before discharge into the public sewage system.

 

§ 3.

[...]

 

§ 4.

[...]


Article 4.2.8.2.2.

In the case of discharge of domestic waste water from a temporary sanitary installation erected in the open air at a publicly accessible establishment, the express written permission of the operator of the sewage treatment plant must be obtained.

 

Additional conditions may be imposed in the record of the notice depending on the optimal functioning of the downstream sewage system, including overflows, and the sewage treatment plant.


Subsection 4.2.8.3.
Operation and maintenance of individual pre-treatment installations


Article 4.2.8.3.1.

The working and the maintenance of individual pre-treatment installations must comply with the following general provisions:

it is forbidden to discharge septic material into the public sewage system or into waste water catchments.

septic material must be transported to a public water treatment installation.

The public water treatment installation can reject (part of) the delivered load, which must be taken to a licensed processor.


Subsection 4.2.8.4.
Transitional regulations


Article 4.2.8.4.1. [...]

Chapter 4.3.
MANAGEMENT OF SOIL AND GROUNDWATER REMEDIATION


Section 4.3.1.
General provisions


Article 4.3.1.1. Translation not available

Article 4.3.1.2.

§ 1.

The discharge of substances from List I of Appendix 2B

 

Any discharge of substances from List I of Appendix 2B to the groundwater is prohibited.

 

Operations as referred to in Sections 52.1.1.3°, 52.1.2. and 52.2.3° whereby the stated hazardous substances are removed or landfilled with a view to being removed may only be licensed in accordance with the provisions of Article 2.4.1.1. and provided every technical precaution is taken so that the substances cannot reach any aquatic systems or cause damage to other eco-systems.

 

§ 2.

The discharge of substances from List II of Appendix 2B:

 

any direct discharge of substances from List II of Appendix 2B is prohibited.

substances from List II of Appendix 2B may only be discharged into groundwater providing that all required precautionary measures have been taken in order that the discharge in question:

a)

cannot endanger the health of people or the water supply;

b)

cannot damage the life and the ecosystems in the water;

c)

cannot affect other justified uses of the water.


Section 4.3.2.
Indirect discharging into groundwater of industrial waste water containing substances from List II of Appendix 2B


Article 4.3.2.1. Translation not available

Article 4.3.2.2. Translation not available

Article 4.3.2.3. Translation not available

Section 4.3.3.
Indirect discharging of domestic waste water into groundwater


Article 4.3.3.1. Translation not available

Chapter 4.4.
CONTROL OF AIR POLLUTION


Section 4.4.1.
General provisions


Article 4.4.1.1. [...]

Article 4.4.1.2.

In protected zones and special protected zones as defined in Article 1.1.2., the use of fuels intended for the heating of buildings is subject to the following rules - this without prejudice to the provisions of the present Regulations, which apply to the territory as a whole, including the aforementioned zones:

a)

 

burning peat, brown coal and non-smokeless coal agglomerates is prohibited;

b)

the sulphur content of liquid fuels may not exceed 1% by weight, irrespective of the type of liquid fuel used;

c)

the volatile sulphur content of solid fuels may not exceed 1% by weight.


Section 4.4.2.
General establishment regulations


BAT.


Article 4.4.2.1.

The establishments must be designed, built and operated according to a code of good practice - in such a way that the air pollution caused by these establishments is reduced as much as possible or even completely prevented, if possible. To that end, the establishments are to be operated and equipped with means to reduce emissions corresponding to the best available techniques. The emission-limiting measures are aimed at reducing both the mass concentration and mass flows of the air pollution emitted by the establishment. Particular account is taken of:

measures to reduce the amount of waste gas, such as the encasing of parts of the establishment and purposive collection of waste gas flows;

measures to optimise the substances used and the energy consumed;

measures to optimise the operations for starting up and shutting down and other special operating conditions.

 

For existing establishments, with the implementation of the requirement to make use of the best available techniques as explained in paragraph 1, the following must be into account:

the technical characteristics of the establishment;

the rate of utilisation and length of the remaining life of the establishment;

the nature and volume of polluting emissions from the establishment;

the desirability of not incurring excessive costs for the establishment concerned, having regard in particular to the economic situation of enterprises belonging to the category in question.


The evacuation of waste gases.


Article 4.4.2.2. Translation not available

Minimum height for stacks or ducted vents.


Article 4.4.2.3. Translation not available

Duty to inform.


Article 4.4.2.4. The operator shall keep the stack height calculation stated in Article 4.4.2.3 available for the supervisory body. When operating a new establishment, the stack height calculation stated in Article 4.4.2.3 shall be carried out before the establishment is commissioned.

[...].


Article 4.4.2.5. [...]

Section 4.4.3.
Emission limit values


Article 4.4.3.1. Translation not available

Article 4.4.3.2. Translation not available

Article 4.4.3.3. Translation not available

Section 4.4.4.
Measuring strategy and testing measurement values


Article 4.4.4.1. Translation not available

Article 4.4.4.2. Translation not available

Article 4.4.4.3.

For the determination of a measurement value, the following sampling methods may be used:

continuous sampling during the full reference period;

sampling during a number of consecutive one-hour intervals covering the full reference period; with this, the measurement value corresponding to the reference period considered is calculated as the time-weighted arithmetic mean of the various measurements;

3° 

discontinuous sampling, during the reference period, whereby the sampling duration of the various sampling operations may vary by no more than a factor of 2. In that case, depending on the sampling duration used, at least the following number of samples shall be taken:

a)

for a 1-hour reference period:

sampling duration

number of samples

< 2.5 minutes

4

2.5 to 15 minutes

3

15 to 30 minutes

2

>30 minutes

1

 

b)

for reference periods that last more than 1 hour:

sampling duration

number of samples

< 15 minutes

4 or more

15 to 60 minutes

3 or more

1 to 2 hours

2 or more

2 hours or more

1

 

If necessary, the sampling duration or frequency must be increased if the indicated sampling duration or frequency does not suffice to obtain a reliable end result.

 

The reference period may be split into different periods of at least 1 hour if required to obtain a representative end result.

 

The person carrying out the measurements shall check that the chosen sampling duration and measuring frequency and, where applicable, the splitting up in time provide a representative average for the stipulated reference method.


Article 4.4.4.4. Translation not available

Article 4.4.4.5. Translation not available

Section 4.4.5.
Winter smog periods


Article 4.4.5.1. Scope

The provisions of the present Section apply to establishments classified in the first category, of which the total emissions discharged exceed the following emission values for one or more parameters:

Parameter

emission value in kg/hour

Nitrogen oxides (expressed in NO2)

40

Sulphur dioxide

60

Suspended particulates (dust)

15

Chlorine and its gaseous inorganic compounds, expressed as Cl

20

Fluorine and its gaseous inorganic compounds, expressed as F

1

Carbon monoxide

1,000

 

The aforementioned term "emission value" must be understood here as the average value per operational hour of the emissions during one calendar week in the most unfavourable operating conditions as regards air pollution.


Article 4.4.5.2. Measures during smog conditions

During periods of temporarily increased air pollution as a result of adverse meteorological conditions, operators of the establishments referred to in Article 4.4.5.1. must take all measures possible to limit emissions of polluting substances as much as possible. These measures will in particular relate to:

1)

the temporary reduction of production and combustion processes that give rise to the said emissions;

2)

the temporary change-over to fuel with a lower sulphur content and if possible even the use of natural gas as fuel;

3)

the temporary suspension of air-polluting activities that can be postponed;

4)

postponing the start-up of certain processes if this would involve an extra emission.


Article 4.4.5.3. Warning phase

§ 1.

The operator referred to in Article 4.4.5.2. must keep ready to take the measures referred to in Article 4.4.5.2. as soon as:

1)

either the measured moving 24-hour average (over a period of 24 consecutive hours) for sulphur dioxide in the ambient air exceeds 190 µg/m³;

2)

or the measured moving hourly average for nitrogen dioxide in the ambient air exceeds 150 µg/m³ for three consecutive hours.

 

§ 2.

The warning phase referred to in §1 comes to an end as soon as the measured moving 24-hour average immission value for sulphur dioxide is less than or equal to 190 µg/m³, or if the measured moving hourly average immission value for nitrogen dioxide over a period of 24 consecutive hours is less than or equal to 150 µg/m³.


Article 4.4.5.4. Alert phase

§ 1.

The operator referred to in Article 4.4.5.2. must take the measures referred to in Article 4.4.5.2. each time when:

1)

either the measured moving 24-hour average (over a period of 24 consecutive hours) for sulphur dioxide in the ambient air exceeds 250 µg/m³;

2)

or the measured moving hourly average for nitrogen dioxide in the ambient air exceeds 200 µg/m³.

 

§ 2.

The measures referred to in §1 come to an end as soon as the measured moving 24-hour average immission value for sulphur dioxide over a period of 24 consecutive hours is less than or equal to 190 µg/m³ or if the measured moving hourly average immission value for nitrogen dioxide over a period of 24 consecutive hours is less than or equal to 150 µg/m³, respectively.


Article 4.4.5.5. The Division competent for environmental enforcement shall inform the operators involved when the warning phase or the alert phase take effect and also when they end. Simultaneously, this information is also communicated to the other regions, to neighbouring countries and to the press.

Section 4.4.6.
Measurement and control of fugitive VOC emissions


Subsection 4.4.6.1.
General provisions


Article 4.4.6.1.1.

With the exception of vertical aboveground fixed containers, this Section applies to the process, storage and transshipment installations of:

any establishment with annual fugitive emissions in excess of 10 tonnes of VOCs, calculated in accordance with the calculation method in Chapter I of Appendix 4.4.6;

any establishment with annual fugitive emissions in excess of 2 tonnes of VOCs, to which one or more of the hazard statements H340, H350, H350i, H360D or H360F are assigned, calculated in accordance with the calculation method in Chapter I of Appendix 4.4.6.

 

The requirements of the present Section do not apply to activities in establishments stated in Section 59 of the classification list or to refrigeration installations of the type stated in Section 16.3 of the classification list.


Article 4.4.6.1.2.

[...]

 

The following requirements apply to installations or parts of an installation licensed for the first time on or after 1 January 2009:

the description of the installation stated in Article 4.4.6.2.1 must be available upon commissioning of the installation or of a part of the installation;

the initial sample survey stated in Article 4.4.6.2.3 must be completed no later than 31 December following the year after commissioning;

the first assessment of the annual fugitive emission stated in Article 4.4.6.2.5 must be carried out no later than three months after completion of the initial sample survey.


Article 4.4.6.1.3.

The measurement and management programme in Subsection 4.4.6.2 does not apply to the following equipment:

pressurised components;

sources in pipes with a diameter of less than 0.5" (12.7 mm) and abatement equipment;

technically sealed systems of the type defined in Chapter IV of Appendix 4.4.6.


Subsection 4.4.6.2.
Measurement and Management programme


Article 4.4.6.2.1.

§ 1.

The operator shall implement an annual measurement and management programme to determine and limit fugitive emissions from the establishment.

 

§ 2.

If the installation is divided into measurement blocks, the measurement and management programme will be implemented in each individual block.

 

§ 3.

The measurement and management programme shall cover only those systems in the installation which come into contact with:

flows of gaseous product consisting of organic compounds at more than 10 percent by volume (excluding methane) with a vapour pressure greater than 0.3 kPa at 20°C;

flows of liquid product consisting of organic compounds in which the sum of individual component concentrations (excluding methane), with a vapour pressure in excess of 0.3 kPa at 20°C, is greater than or equal to 20 percent by weight.

 

§ 4.

The programme stated in §1 is to consist of the following parts:

a description of the establishment consisting of:

a)

a division of the installation into measurement blocks;

b)

a quantification of the number of systems per type as stated in Chapter III of Appendix 4.4.6, documented in a verifiable manner (for example, by process flow diagram);

an inventory of systems;

a measurement and repair programme;

a calculation of the emissions;

a report.

 


Article 4.4.6.2.2.

§ 1.

All systems measured must be counted and documented in a convenient and verifiable manner (for example, by process flow diagram) according to the types stated in Chapter III of Appendix 4.4.6. These counts are to be included in the inventory.

 

§ 2.

If the measurement value for the system measured exceeds the registration criterion, the following information must be added to the inventory or updated within two months of the measurement:

identification of the system: type, location, identification number;

name of product;

description of the product flow:

a)

gaseous or liquid;

b)

percent by weight of organic compounds (excluding methane; percent by volume in the case of gasses) at a vapour pressure in excess of 0.3 kPa at 20°C;

date and results of measurements taken;

repairs made and date and result of control measurements.

 


Article 4.4.6.2.3.

§ 1.

The measurement programme stated in Article 4.4.6.2.1 covers the measurement of fugitive emissions from the systems in the establishment or measurement blocks.

 

§ 2.

This measurement is taken using the measuring method described in Chapter II of Appendix 4.4.6.

 

§ 3.

The measurements are taken by a laboratory in the discipline of air recognised for these measurements as stated in Article 6, 5°, b) of the VLAREL, or by the operator. If the measurements are taken by the operator, equipment and a code of good practice shall be used that have been approved by a recognised laboratory in the discipline of air as stated in Article 6, 5°, b) of the VLAREL.

 

§ 4.

The measurement programme starts with the initial sample survey. The minimum number of systems to be measured per equipment type and product type is expressed as a percentage of the total number of systems and is stated in Chapter III of Appendix 4.4.6. Measurement results may be used in the initial sample survey if they do not pre-date 1 January 2000.

 

§ 5.

The "modified sample survey" is carried out every year on completion of the initial or modified sample survey and within no later than one year of completing the previous survey. The minimum percentage of systems that must be measured depends on the number of leaking systems from the previous sample survey, as indicated in Chapter III of Appendix 4.4.6. To complement the "modified sample survey", the systems for which the measurement value exceeded the leak criterion in the previous sample survey must always be included again. Each "modified sample survey" is to be set up to ensure that all systems are measured after a minimum number of sample surveys.

 

§ 6.

The measurement programme stated in §1 can be applied to the installation as a whole or to individual measurement blocks. All measurement blocks are to be identified before the initial sample survey commences and are to represent the installation in its entirety.

 

§ 7.

For practical reasons, a small number of systems cannot always be accessible for measurement. The number of non-measurable systems is to be kept to a minimum. These systems are to be documented and measured at every opportunity when measurement is possible.


Article 4.4.6.2.4.

If the measurement value for a system exceeds the repair criterion in Chapter III of Appendix 4.4.6, the system in question must be repaired within one month of measurement.

 

By way of derogation from the first paragraph, the following longer repair periods can be applied:

repairs requiring replacement of the system itself or a component thereof must be made within three months of measurement;

if a repair cannot be made within the period set in point 1°, this must be noted in the report stated in Article 4.4.6.2.5, first paragraph. The following information is to be stated with respect to each system:

a)

the reason why it could not be repaired within the period specified;

b)

the planned repair schedule;

c)

the resultant annual emission.

 

When a leaking system has been repaired, the repair is to be checked by means of a new measurement within a one-month period. If the repaired system again exceeds the repair criterion, the repair is to be made again within the maximum repair period stated in the first and second paragraphs. This procedure is to be repeated until the measurement value stays below the repair criterion.


Article 4.4.6.2.5.

Annually and no later than 31 March, a reporting document covering the previous year is to be drawn up containing the following information:

the division of the installation into measurement blocks;

per measurement block and per type of system:

a.

the number of measured points;

b.

the number of leaking systems;

c.

the number of repaired systems;

d.

list of non-repaired systems as stated in Article 4.4.6.2.4, second paragraph, 2°;

e.

number of inaccessible points stated in Article 4.4.6.2.3, §7;

f.

the total annual fugitive emission calculated using the calculation method in Chapter V of Appendix 4.4.6.

 

The document stated in the first paragraph is to be kept archived for a minimum of ten years.


Section 4.4.7.
Controlling non-ducted dust emissions


Subsection 4.4.7.1.
General provisions


Article 4.4.7.1.1.

§ 1.

The operator shall take measures to keep the dust emissions caused by the storage of dust-producing substances and by establishments in which dust-producing substances are transported or treated as low as possible.

 

The measures shall take into account the type and characteristics of the dust-producing substances or their components, the (un)loading installations and method, the mass flow rate, the meteorological conditions, faults in establishments and the location of the loading or unloading point. Safety aspects shall also be taken into consideration.

 

§ 2.

Technical establishments that may cause dust emissions and establishments for the reduction of dust emissions shall be maintained and inspected in good time to minimise dust emissions. Dust filters shall be replaced in good time to ensure proper operation.

 

§ 3.

From 1 January 2014, the operator must have procedures and instructions for controlling non-ducted dust emissions available for its own personnel and for the personnel of third parties engaged in activities at the establishment with a potential impact on dust emissions.

 

§ 4.

Spilled materials that could lead to the formation of dust shall be removed as quickly as possible at the end of the operation.


Subsection 4.4.7.2.
Special provisions


Article 4.4.7.2.1.

Dust-producing substances are classified into dust categories in Appendix 4.4.7.1 on the basis of the dust sensitivity of the substance and the possibility of countering the production of dust, possibly by wetting. The different dust categories are:

SC1: dust-sensitive, not wettable;

SC2: dust-sensitive, wettable;

SC3: barely dust-sensitive;

 

The minister may supplement or amend Appendix 4.4.7.1.

 

 

 

From 1 January 2014, the operator shall determine the dust category itself on the basis of the classification of comparable substances in Appendix 4.4.7.1 with regard to dust sensitivity or on the basis of a specifically developed test if:

 

a substance is classified in the table in Appendix 4.4.7.1, but the physicochemical properties during its stay on the site are constantly such that it belongs in a different dust category. The operator shall keep the dust category and the reasons for it available for the supervisory body;

the substance is not classified in the table in Appendix 4.4.7.1. The operator shall establish the dust category and the reason for it before the goods are received and keep the information available for the supervisory body. If, on receipt of the goods, it appears that they belong to a different dust category from what was expected, the operator shall immediately take the necessary measures to minimise dust emissions.

 

 

 

 

 


Article 4.4.7.2.2.

Dust-producing substances in dust category SC1 shall be stored in an enclosed storage facility or covered with fine-mesh nets or tarpaulins. If the substances are covered, appropriate measures shall be taken to counter dust emissions during filling and when excavating the storage pile.

 

The number of openings in an enclosed storage facility shall be as low as possible. The openings shall be as small as possible. Non-functional openings shall be closed. Functional openings in the enclosed storage facility shall be kept closed as much as possible. When filling or emptying an enclosed storage facility, the transfer points shall be placed as far away as possible from the openings.


Article 4.4.7.2.2bis.

Silos for the storage of dust-producing substances in dust categories SC1 and SC2 shall be fitted with a dust extraction system. An emission limit value for dust of 10 mg/Nm³ shall apply.

 


For establishments licensed before 1 July 2014, this provision shall apply from 1 July 2017.


Article 4.4.7.2.3. Translation not available

Article 4.4.7.2.4. Information on maintenance actions for the technical installations stated in Article 4.4.7.1.1, §2 shall be maintained and kept available for inspection by the supervisory body.

Article 4.4.7.2.5.

§ 1.

If dust-producing substances in dust categories SC2 and SC3 are stored in the open, dust diffusion shall be limited as far as possible by wetting the dust-producing substances. Provided the characteristics of the site and the fixed establishments allow it, the following measures shall also be taken:

provide the storage site with wind reduction screens;

an outer wall or a natural screen;

gather the stored volume into as few piles as possible;

choose the gradient of the piles such that the top layer does not slide off.

 

Point 2° does not apply to construction, demolition or roadbuilding works.

 

§ 2.

If dry or windy weather is forecast, the piles shall be additionally sprinkled with water or foam.

 

Sprinkling may be replaced by spraying with a binding agent if the effectiveness of the agent is guaranteed. Notches and damage to the binding agent in the storage pile shall be inspected and repaired. Spraying shall be repeated if deemed necessary from the point of view of preventing the diffusion of dust.

 

§ 3.

If the measures stated in paragraphs 1 and 2 are not taken, the storage pile shall be covered with fine-mesh nets or tarpaulins or the pile shall be transferred to an enclosed storage facility, as stipulated in Article 4.4.7.2.2, paragraph 2.


Article 4.4.7.2.6.

§ 1.

The diffusion of dust during transport, loading and unloading of dust-producing substances shall be avoided as much as possible by:

adequately moistening wettable substances in dust category SC2;

providing operators with procedures for the use of the transport and transshipment equipment that at least contains the relevant elements stated in Appendix 4.4.7.2.

 

Appendix 4.4.7.2. may be supplemented or amended by the minister.

 

§ 2.

The diffusion of dust during transport, loading and unloading of dust-producing substances using claw buckets shall be avoided as much as possible by:

using a claw bucket whereby the blades fit together well;

using a claw bucket that is half-closed or closed at the top for substances in dust categories SC1 and SC2, if the substance being handled allows this.

 

 

§ 3.

The diffusion of dust during transport, loading and unloading of dust-producing substances using conveyor belts shall be avoided as much as possible by:

shielding open conveyor belts outside against wind using longitudinal screens, transverse screens or shelters if dust emissions remain visible after the code of good practice stated in Appendix 4.4.7.2 has been applied; 

switching to a closed conveyor system if dust emissions remain visible after taking the measures stated in point 1°.

 

A fixed conveyor belt for the transport of substances in dust category SC1 that is commissioned after 31 December 2013 shall be enclosed or covered. This does not apply to those parts of the conveyor belt that are loaded by a hopper or another transshipment system.

 

§ 4.

The diffusion of dust at transfer points of continuous transport systems shall be avoided as much as possible by:

moistening or spraying the transfer points where substances in dust category SC2 are transferred if the products were not sufficiently moistened beforehand;

2° 

if the measures stated in point 1° cannot be applied or if dust is still visibly being diffused even after these measures have been taken, providing the transfer points where substances in dust category SC2 are transferred with wind reduction screens if this is technically possible;

equipping the transfer points of fixed transport systems for substances in dust category SC1 with a housing or dust extractor if this is technically possible. This also applies to dust categories SC2 and SC3 if dust emissions remain visible after the measures stated in points 1° and 2° have been taken;

equipping the unloading points of mobile conveyor belts for substances in dust category SC1 with a shield that connects as tightly as possible to the loading point of the next transport system or a dust extractor. This also applies to dust categories SC2 and SC3 if dust emissions remain visible after the measures stated in points 1° and 2° have been taken.

 

 

§ 5.

The diffusion of dust during loading and unloading of dust-producing substances using hoppers shall be avoided as much as possible by:

fitting the hopper for substances in dust category SC1 with effective baffles or grilles. This also applies to substances in dust category SC2 that are not adequately moistened;

equipping fixed hoppers for substances in dust category SC1 with a dust extractor system, unless this is impossible due to location-specific conditions. This measure does not need to be taken if the operator can show that the hopper is used to load and unload substances in dust category SC1 for no more than 10% of the time it is in use.

 

 

§ 6.

The diffusion of dust during loading and unloading of dust-producing substances using chutes, filling tubes, filler pipes and conveyor belts shall be avoided as much as possible by:

equipping the loading and unloading installation, if technically and operationally possible, with brake plates or modifying its end to limit the diffusion of dust;

equipping new loading and unloading installations, if operationally possible, with brake plates or modifying the end of the installation to limit the diffusion of dust;

 

 

§ 7.

The diffusion of dust during loading and unloading of trucks and railway wagons with dust-producing substances shall be avoided as much as possible by:

for trucks that leave the site, covering a flatbed trailer filled with substances in dust category SC1 with a tarpaulin. This also applies to substances in dust category SC2 if the moisture content of these substances is not sufficient to prevent the diffusion of dust;

equipping the drop holes into which dust-producing substances are tipped with baffle plates.

 

If the loading of the loading body or the transport that leaves the site is carried out by third parties, the staff of these third parties shall be provided with instructions in accordance with point 1°.


Article 4.4.7.2.7.

The diffusion of dust by traffic on and around the industrial site shall be avoided as much as possible by:

regularly cleaning the roads on the site;

limiting vehicle speeds on the site;

sprinkling the roads on the site if there is a chance of dust being diffused;

regularly cleaning the areas where storage and transshipment take place;

taking measures to prevent the diffusion of dust on the public roads as much as possible.

 


Article 4.4.7.2.8. During the period in which transshipment activities take place, the operator shall supervise the storage and transshipment activities to quickly identify dust emissions and establish their cause, so that suitable measures can be taken.

Article 4.4.7.2.9.

From 1 July 2015, the operator must satisfy the obligations stated in Article 4.4.7.2.2 to Article 4.4.7.2.8., inclusive.

 

By way of derogation from paragraph 1, from 1 January 2014, the operator must satisfy the obligations stated in Article 4.4.7.2.2 to Article 4.4.7.2.8, inclusive, for procedures and operations that do not lead to necessary modifications to the infrastructure.

 


Article 4.4.7.2.10. Translation not available

Section 4.4.8.
Installations with fluorinated greenhouse gases or ozone layer-depleting substances


Article 4.4.8.1.

The following activities on stationary fire protection equipment with fluorinated greenhouse gases or ozone layer-depleting substances may only be carried out by a recognised fire protection equipment technician as stated in Article 6, 2°, f) of the VLAREL:

installation, maintenance, repair and decommissioning;

checks for leaks on fire protection equipment as stated in Article 4 of Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 and Article 23 of Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer;

recovery of fluorinated greenhouse gases or ozone layer-depleting substances.

 

For the installation, maintenance, repair or decommissioning of stationary fire protection equipment with fluorinated greenhouse gases or ozone layer-depleting substances, the company where the fire protection equipment technician works is recognised as a fire protection equipment company as stated in Article 6, 7°, c) of the VLAREL.

 

Where fire protection equipment with fluorinated greenhouses gases is concerned, paragraph 1 does not apply to a person in possession of a registration certificate for training to obtain a certificate as stated in Article 17/2, 2° of the VLAREL, provided that he/she carries out the work under the supervision of a recognised fire protection equipment technician. This exemption from the requirement of recognition is granted for a maximum of ten years, from the date of registration for training, and lapses if the person receives recognition as a fire protection equipment technician as stated in Article 6, 2°, f) of the VLAREL. The person concerned must produce proof of registration at the request of the competent supervisory body.

 

Paragraph 1 also does not apply to manufacturing and repair activities at premises of the manufacturer for containers or associated components of stationary fire protection equipment with fluorinated greenhouse gases.

 

 


Article 4.4.8.2.

The following activities on electrical switchgear with fluorinated greenhouse gases may only be carried out by a recognised electrical switchgear technician as stated in Article 6, 2°, g) of the VLAREL:

installation, maintenance, repair and decommissioning;

recovery of fluorinated greenhouse gases.

 

Paragraph 1 does not apply to a person in possession of a registration certificate for training to obtain the certificate as stated in Article 17/3, 2° of the VLAREL, provided that he/she carries out the work under the supervision of a recognised electrical switchgear technician who assumes complete responsibility for the correct performance of the work. This exemption from the requirement of recognition is granted for a maximum of one year, from the date of registration for training, and lapses if the person receives recognition as an electrical switchgear technician as stated in Article 6, 2°, g) of the VLAREL. The person concerned must produce proof of registration at the request of the competent supervisory body.

 

Paragraph 1 also does not apply to manufacturing and repair activities at premises of the manufacturer for electrical switchgear with fluorinated greenhouse gases.

 

Until 1 July 2017, paragraph 1 does not apply to the installation, maintenance, repair and decommissioning of electrical switchgear with fluorinated greenhouse gases and to the recovery of fluorinated greenhouse gases from electrical switchgear other than high-voltage switchgear.


Article 4.4.8.3.

The recovery of fluorinated greenhouse gases or ozone layer-depleting substances from stationary apparatus containing solvents based on fluorinated greenhouse gases or ozone layer-depleting substances may only be carried out by a recognition technician for apparatus containing solvents as stated in Article 6, 2°, h) of the VLAREL.

 

Where stationary apparatus containing solvents based on fluorinated greenhouse gases is concerned, paragraph 1 does not apply to a person in possession of a registration certificate for training to obtain a certificate as stated in Article 17/4, 2° of the VLAREL, provided that he/she carries out the recovery under the supervision of a recognised technician for apparatus containing solvents. This exemption from the requirement of recognition is granted for a maximum of one year, from the date of registration for training, and lapses if the person receives recognition as a technician for apparatus containing solvents as stated in Article 6, 2°, h) of the VLAREL. The person concerned must produce proof of registration at the request of the competent supervisory body.


Translation not available

Chapter 4.5.
CONTROL OF NOISE POLLUTION


Section 4.5.1.
General provisions


Article 4.5.1.1. Translation not available

Section 4.5.2.
Guide values for specific noise in the open air and indoors


Article 4.5.2.1. For the assessment of the noise from establishments, the values in dB(A) given in Appendices 4.5.4. and 4.5.5. to the present Order apply as guide values against which the specific noise in the open air of an establishment is measured.

Article 4.5.2.2. For the assessment of the noise from establishments which have a common wall and/or floor with inhabited spaces, the values in dB(A) given in Appendix 2.2.2. to the present Order apply as guide values against which the specific noise inside an establishment is measured.

Section 4.5.3.
Conditions for new category 1 and 2 establishments and for modifications to existing category 1 and 2 establishments


Article 4.5.3.1.

§ 1.

LA95,1h of the original ambient noise is equal to or greater than the guide value given in Appendix 2.2.1 to the present Order. In this case, the specific noise produced in the open air by the new establishment or, as appropriate, by all or part of an existing establishment to which a modification has been made, must on the one hand be limited to the LA95,1h of the original ambient noise decreased by 5 dB(A), and must on the other hand be limited to the specific guide values stipulated in Appendix 4.5.4 to the present Order.

 

§ 2.

LA95,1h of the original ambient noise is less than the guide values specified for the areas in points 1°, 4°, [...] 6° or 7° of Appendix 2.2.1 to the present Order. In this case, the specific noise produced in the open air by the new establishment or, as appropriate, by all or part of an existing establishment to which a modification has been made, must on the one hand be limited to the LA95,1h of the original ambient noise, and must on the other hand be limited to the specific guide values stipulated in Appendix 4.5.4 to the present Order decreased by 5 dB(A).

 

§ 3.

LA95,1h of the original ambient noise is less than the guide values specified for the areas in points 2°, 3°, 5°, 8°, 9° or 10° of Appendix 2.2.1 to the present Order. In this case, the specific noise produced in the open air by the new establishment - or, as appropriate, by all or part of the existing establishment to which a modification has been made - must be limited to the specific guide values stipulated in Appendix 4.5.4 to the present Order decreased by 5 dB(A).

 

§ 4.

Without prejudice to the provisions of §1, 2 and 3, new category 1 or 2 establishments as well as modifications to existing category 1 or 2 establishments having a common wall and/or floor with inhabited spaces must comply with the following provisions:

the specific noise inside of the establishment, measured in the inhabited spaces with windows and doors closed, must be limited to the specific guide values stipulated in Appendix 2.2.2 to the present Order decreased by 3 dB(A).

 

§ 5.

If the noise in the open air produced by an establishment has an incidental, fluctuating, intermittent or impulsive character, then the guide values given in Appendix 4.5.5 to the present Order are to be applied to the appropriate value. The appropriate value is the guide value given in Appendix 4.5.4 to the present Order for the different areas, decreased by 5 dB(A).

 

 

§ 6.

The conditions stated in the present Section are represented diagrammatically in decision diagrams 4.5.6.1 and 4.5.6.3 in Appendix 4.5.6 to the present Regulation.

 


Section 4.5.4.
Conditions for existing category 1 and 2 establishments


Article 4.5.4.1. Translation not available

Section 4.5.5.
Conditions for category 3 establishments


Article 4.5.5.1.

§ 1.

When measured in the measurement positions stipulated in §3 or §4 of Article 1 of Appendix 4.5.1. to the present Order, the specific noise in the open air produced by new establishments as well as by modifications to existing establishments must not exceed the guide value stipulated in Appendix 4.5.4 to the present Order decreased by 5 dB(A).

 

§ 2.

Without prejudice to the provisions of §1, the specific noise indoors produced by new establishments as well as by modifications to existing establishments having a common wall and/or floor with inhabited areas must comply with the following provision:

the specific noise measured in the inhabited spaces with windows and doors closed must be limited to the guide values stipulated in Appendix 2.2.2 to the present Order decreased by 3 dB(A). 

 

§ 3.

At the measurement positions stipulated in §3 or §4 of Article 1 of Appendix 4.5.1 to the present Order, the specific noise in the open air produced by existing establishments is limited to such an extent that the guide value in Appendix 4.5.4 to the present Order is approximated as much as possible, taking into account the provisions of Article 4.5.1.1 and with the application of the best available techniques.

 

§ 4.

Without prejudice to the provisions of §3, the specific noise indoors for existing establishments having a common wall and/or floor with inhabited spaces is limited in such a way that the guide values indicated in Appendix 2.2.2. to the present Order are approximated as much as possible, taking into account the provisions of Article 4.5.1.1 and with the application of the best available techniques.

 

§ 5.

[...]

 

§ 6.

If the noise in the open air produced by an establishment has an incidental, fluctuating, intermittent or impulsive character, then the guide values given in Appendix 4.5.5 to the present Order are to be applied to the appropriate value. The appropriate value for new establishments is the guide value given in Appendix 4.5.4 to the present Order, decreased by 5 dB(A). For existing establishments, the appropriate value is the guide value given in Appendix 4.5.4 to the present Order.

 

 

 

§ 7.

The conditions stated in the present Section are represented diagrammatically in decision diagrams 4.5.6.4 and 4.5.6.5 in Appendix 4.5.6 to the present Regulation.


Section 4.5.6.
Special conditions


Article 4.5.6.1. Translation not available

Section 4.5.7.
Conditions for loading and unloading operations for certain establishments classified in accordance with Section 16.3.1


Scope and general provisions.


Article 4.5.7.0.1.

This Section applies to loading and unloading operations with trucks at establishments that cumulatively satisfy the following conditions:

the establishment comes under category 47.11 of the reference framework for the production and dissemination of statistics related to economic activities in Europe (NACE 2008). This category is defined as retail trade services in non-specialised stores with food, beverages or tobacco predominating;

the establishment includes an activity as stated in Section 16.3.1;

the establishment is equipped with its own loading and unloading area. An own loading and unloading area is a specific area within the boundaries of the establishment that is set up for the loading and unloading of goods.

 


Article 4.5.7.0.2. The operator shall take the necessary measures using the best available techniques to limit the noise produced by loading and unloading operations, and to prevent the noise produced by loading and unloading operations from being a source of nuisance to the environment.

Conditions while loading and unloading goods.


Article 4.5.7.0.3.

The engine of the truck must be switched off while loading and unloading goods.

 

By way of derogation from sections 4.5.2 to 4.5.5 inclusive, the following conditions apply to the loading and unloading of goods between 6 a.m. and 11 p.m.:

the average level of short-term increases in noise in the open air caused by the loading and unloading of goods must be restricted to the limits stated in Appendix 4.5.7.1. The average level of short-term increases in noise in the open air caused by the loading and unloading of goods is measured as LA05,T, where the time interval T covers the duration of the loading and unloading of the goods;

the level of the highest short-term increases in noise in the open air caused by the loading and unloading of goods must be restricted to the limits stated in Appendix 4.5.7.2. The level of the highest short-term increases in noise in the open air caused by the loading and unloading of goods is measured as LA01,T, where the time interval T covers the duration of the loading and unloading of the goods.


Conditions while manoeuvring the truck.


Article 4.5.7.0.4.

By way of derogation from sections 4.5.2 to 4.5.5 inclusive, the level of the highest short-term increases in noise in the open air caused by the manoeuvring of the truck in the early morning and late evening is limited to the guidance values stated in Appendix 4.5.4 plus 30 dB(A). The level of the highest short-term increases in noise in the open air caused by the manoeuvring of the truck is measured as LA01,T, where the time interval T covers the duration of the manoeuvring of the truck.

 

The provisions of sections 4.5.2 to 4.5.5 inclusive do not apply to manoeuvring the truck between 7 a.m. and 7 p.m.


Subsection 4.5.7.1.
Conditions for loading and unloading operations in the early morning and late evening


General provisions.

Article 4.5.7.1.1.

§ 1.

This subsection applies to the loading and unloading operations stated in Article 4.5.7.0.1 that are carried out in the early morning and late evening.

 

The engine of the truck and the drive of refrigeration units with which the truck is fitted must be switched off while loading and unloading goods, unless the refrigeration units are connected to the mains electricity. Radios must be switched off.

 

During early morning hours a maximum of one delivery may be made, and a maximum of two deliveries during late evening hours.

 

In accordance with Appendix 4.5.7.3, the operator shall take the necessary measures to limit the nuisance caused by loading and unloading operations in the early morning and late evening.


Loading and unloading goods at establishments with an open-air loading and unloading area.

Article 4.5.7.01.2.

Without prejudice to Article 4.5.7.0.3, the following minimum distances apply to the loading and unloading of goods in the early morning and late evening at establishments with an open-air loading and unloading area if the nearest houses are situated in an area as stated in Appendix 2.2.1, 2°:

for loading and unloading operations with low-noise equipment: 40 m between the centre of the rear of the parked truck in the loading and unloading area and the nearest houses;

for all other loading and unloading operations: 50 m between the centre of the rear of the parked truck in the loading and unloading area and the nearest houses.

 

The distances specified in paragraph 1 may be reduced after taking additional structural noise-reducing measures such as the installation of a noise barrier if it is demonstrated that the conditions stated in paragraph 2 of Article 4.5.7.0.3 have been satisfied. This may be demonstrated by means of a noise study prepared by an environmental expert recognised in the discipline of noise and vibrations as stated in Article 6, 1°, c), a of the VLAREL.


Loading and unloading of goods at establishments with a covered loading and unloading area.

Article 4.5.7.1.3.

Without prejudice to Article 4.5.7.0.3, the following minimum distances apply to the loading and unloading of goods in the early morning and late evening at establishments with a covered loading and unloading area if the nearest houses are situated in an area as stated in Appendix 2.2.1, 2°:

for loading and unloading operations with low-noise equipment: 20 m between the centre of the rear of the parked truck in the loading and unloading area and the nearest houses;

for all other loading and unloading operations: 30 m between the centre of the rear of the parked truck in the loading and unloading area and the nearest houses.

 

The distances specified in paragraph 1 may be reduced after taking additional structural noise-reducing measures such as the installation of a noise barrier if it is demonstrated that the conditions stated in paragraph 2 of Article 4.5.7.0.3 have been satisfied. This may be demonstrated by means of a noise study prepared by an environmental expert recognised in the discipline of noise and vibrations as stated in Article 6, 1°, c), a of the VLAREL.


Loading and unloading of goods at establishments with an indoor loading and unloading area.

Article 4.5.7.1.4. Without prejudice to Article 4.5.7.0.3, no minimum distances between the loading and unloading area and the nearest houses apply to the loading and unloading of goods in the early morning and late evening at establishments with an indoor loading and unloading area if the nearest houses are situated in an area as stated in Appendix 2.2.1, 2°.

Manoeuvring the truck.

Article 4.5.7.1.5.

Without prejudice to Article 4.5.7.0.4, a minimum distance of 10 m between the route taken when manoeuvring the truck in the early morning and late evening and the nearest houses applies if the nearest houses are situated in an area as stated in Appendix 2.2.1, 2°.

 

The distance specified in paragraph 1 may be reduced after taking additional structural noise-reducing measures such as the installation of a noise barrier if it is demonstrated that the conditions stated in Article 4.5.7.0.4 have been satisfied. This may be demonstrated by means of a noise study prepared by an environmental expert recognised in the discipline of noise and vibrations as stated in Article 6, 1°, c), a of the VLAREL.

 

Without prejudice to Article 4.5.7.0.4, no minimum distance between the route taken when manoeuvring the truck and the nearest houses applies to manoeuvring the truck in the early morning and late evening at establishments with an indoor loading and unloading area if the route taken when manoeuvring the truck lies entirely within a closed building and if the nearest houses are situated in an area as stated in Appendix 2.2.1, 2°.


Chapter 4.6.
CONTROL OF NUISANCE DUE TO LIGHT


Article 4.6.0.1. Without prejudice to other regulatory provisions, the operator takes the necessary measures to prevent light nuisance.

Article 4.6.0.2. The use and the intensity of light sources in the open air are limited to necessities related to operation and safety. The lighting must be conceived in such a way that the non-functional emission of light to the surrounding area is limited to the greatest possible extent.

Article 4.6.0.3. Accent lighting may only be aimed at the establishment or parts thereof.

Article 4.6.0.4. Illuminated advertising may not exceed the normal intensity of public lighting.

Chapter 4.7.
ASBESTOS CONTROL


Article 4.7.0.1.

§ 1.

Without prejudice to the provisions regarding water, soil, groundwater and air pollution and waste materials management, in keeping with Directive 87/217/EEC with the use of asbestos and when working with asbestos-containing products, the necessary measures must be taken to ensure that, as far as reasonably practicable, emissions of asbestos into the environment and asbestos waste materials are reduced or prevented at the source to the extent possible. With the use of asbestos, these measures imply that use is made of the best available techniques, including recycling or treatment where this is useful.

The necessary measures are also to be taken to ensure that:

during the transportation, the loading and the unloading of waste materials which contain asbestos fibres or asbestos dust, these fibres and dust cannot be released into the air and no liquids are discharged which may contain asbestos fibres;

where waste materials containing asbestos fibres or dust are landfilled at sites licensed for this purpose, such waste is so treated, packaged or covered, taking local conditions into account, that the release of asbestos particles into the environment is prevented;

activities related to working with asbestos-containing products may cause no significant environmental pollution due to asbestos fibres or dust;

the demolition of buildings, structures and establishments containing asbestos and the removal therefrom of asbestos or materials containing asbestos, involving the release of asbestos fibres or dust do not cause the release of asbestos into the environment.

 

§ 2.

Operators themselves can dispose of the following applications containing asbestos, provided their removal involves simple operations (e.g., it can be easily unscrewed):

bonded asbestos which is undamaged or in which no free fibres are visible and the removal of which will not affect this state;

bonded asbestos which is damaged or in which free fibres are visible and which is used in an application outdoors where third parties are not present, provided its removal will not affect this state;

cords, seals or gaskets, brake linings and similar materials containing asbestos.

 

Other applications may only be removed by specialised companies.

 

§ 3.

When material containing asbestos, as stated in §2, 1°, 2° and 3°, is dismantled and removed, the spread of fibres and human exposure to asbestos fibres shall be prevented by taking the following measures:

wetting or fixing of the material;

removing the elements one-by-one, preferably manually, using hand tools, or as a final resort, slowly revolving tools;

not throwing the materials;

not breaking the materials;

storing the materials in sealed receptacles. Minors may not be present during the work.

 

A type P3 or similar dust mask shall be used to provide personal protection against exposure.

 

§ 4.

Applications containing asbestos shall be stored separately and not mixed with other demolition waste;

 

§ 5.

It is forbidden to use high-speed mechanical tools (sanding discs, grinders, electric drills, etc.), high pressure water cleaners, or air compressors in order to craft, cut or clean objects or surfaces made from materials containing asbestos, or objects or surfaces covered with materials containing asbestos, or to remove asbestos.


Article 4.7.0.2.

For existing establishments, with the implementation of the requirement to make use of the best available techniques as specified in Article 4.7.0.1., §1, the following must be taken into account:

the technical characteristics of the establishment;

the rate of utilisation and length of the remaining life of the establishment;

the nature and volume of polluting emissions from the establishment;

the desirability of not incurring excessive costs for the establishment concerned, having regard in particular to the economic situation of enterprises belonging to the category in question.


Article 4.7.0.3.

Regarding emissions into the air and discharges of aqueous effluent, respectively, in particular the following provisions apply:

from Article 5.3.2.4 and Appendix 5.3.2, sub 2°, b), as regards the conditions for the discharge of aqueous effluent;

from Article 4.2.5.3.1 and Appendices 4.2.5.2 and 4.4.5.A as regards the compulsory measurements and measuring methods for the discharge of aqueous effluent;

from Article 4.4.3.1 and Appendix 4.4.2 as regards the limit values for emissions into the air;

from Article 4.4.4.1 and Appendices 4.4.3, 4.4.4 and 4.4.5.B as regards the compulsory measurements and the measuring method for emissions into the air.


Chapter 4.8.
DISPOSAL OF PCBs AND PCTs


Article 4.8.0.1. [...]

Article 4.8.0.2. [...]

Article 4.8.0.3. [...]

Article 4.8.0.4. [...]

Chapter 4.9.
Energy planning and energy audits


Section 4.9.1.
Energy planning


Article 4.9.1.1.

This section applies to all classified establishments with a total energy consumption of at least 0.5 petajoule per annum.

 

By way of derogation from paragraph 1, the energy-intensive establishments of enterprises that are party to the energy policy agreements for the anchoring of and for permanent energy efficiency in the Flemish energy-intensive (VER) industry, non-VER companies and VER companies are exempted from the present Section.


Article 4.9.1.2.

§ 1.

Within six months of it becoming apparent from the next integral annual environmental report submitted that the classified establishment has a total energy consumption of 0.5 petajoule per annum, the operator shall prepare an energy plan for this establishment that must be declared compliant in accordance with Articles 6.5.4, 6.5.5, 6.5.6 and 6.5.7 of the Energy Order of 19 November 2010. This plan is kept available at the installation for perusal by the supervisory bodies.

 

§ 2.

Within three years of the energy plan being declared compliant, the operator shall implement all measures from this energy plan with an internal rate of return as stated in Article 6.5.4, §1, 7° of the Energy Order of 19 November 2010. The time limit may be extended upon reasoned request by the operator to the Flemish Energy Agency or an exemption may be granted for the implementation of these measures. In the request, the operator shall show, with well-founded economic reasoning, that the above time limit cannot be adhered to or that the internal rate of return has fallen below the internal rate of return stated in Article 6.5.4, §1, 7° of the Energy Order of 19 November 2010.


Article 4.9.1.3. Translation not available

Section 4.9.2.
Energy audits


Article 4.9.2.1.

The present Section applies to all classified establishments where either more than 250 people work or for which the annual turnover exceeds EUR 50 million and the annual balance sheet total exceeds EUR 43 million.

 

By way of derogation from paragraph 1, all classified establishments that fall under the scope of Section 4.9.1 are exempted from the present Section.

 

By way of derogation from paragraph 1, the energy-intensive establishments of enterprises that are party to the energy policy agreements for the anchoring of and for permanent energy efficiency in the Flemish energy-intensive (VER) industry, non-VER companies and VER companies, concluded pursuant to Article 7.7.1 of the Energy Decree of 8 May 2009, and meet their obligations under these energy policy agreements, are exempted from the present Section.

 

By way of derogation from paragraph 1, the classified establishments that have a European energy standard EN 16001 or an international standard for energy management systems ISO 50001 are exempted from the present Section.

 

By way of derogation from paragraph 1, classified establishments that hold a valid energy performance certificate for public buildings as stated in Articles 9.2.12 to 9.2.16 inclusive of the Energy Order of 19 November 2010 are exempt from the present Section.


Article 4.9.2.2.

§ 1.

By 1 December 2015 at the latest, the classified establishments shall have a valid energy audit.

 

§ 2.

The energy audit shall be carried out by the operator of the classified establishment or a person duly authorised by the operator, who shall register in the web application as stated in Section 4.9.3.

 

§ 3.

The energy audit is valid for four years.

 

§ 4.

An energy audit:

is based on current, measured, traceable operational data concerning energy consumption and on the load profiles for electricity;

includes a detailed overview of the energy consumption profile of buildings or groups of buildings, industrial processes or establishments, including transport;

insofar as is possible, build on an analysis of life cycle costs, instead of simple payback periods, to take into account long-term savings, residual values of long-term investments and discount rates;

is proportionate and sufficiently representative to allow a reliable picture to be formed of the total energy performances and the key points for improvement to be reliably determined.


Section 4.9.3.
Web application


Article 4.9.3.1. The operator of the classified establishment or a person duly authorised by the operator shall enter the results of the energy plan drawn up in accordance with Section 4.9.1, or of the energy audit prepared in accordance with Section 4.9.2, into the web application made available by the Flemish Energy Agency.

Article 4.9.3.2. The operator of the classified establishment that is exempt from preparing an energy audit in accordance with Article 4.9.2.1, paragraph 4, or a person duly authorised by the operator, shall enter the results of the energy audit resulting from the EN 16001 or ISO 50001 procedure in the web application made available by the Flemish Energy Agency.

Article 4.9.3.3. The operator of the classified establishment of enterprises that are party to the energy policy agreements for the anchoring of and for permanent energy efficiency in the Flemish energy-intensive (VER) industry, non-VER companies and VER companies, concluded pursuant to Article 7.7.1 of the Energy Decree of 8 May 2009, and meet their obligations under these energy policy agreements, are exempted from the present Section.

Article 4.9.3.4.

The information in the web application is confidential and only accessible to the Flemish Energy Agency and the supervisory body. The operator of the classified establishment or a person duly authorised by the operator shall at all times have sole access to the details of his/her own energy plan or energy audit.

 

By way of derogation from paragraph 1, in the context of reporting requirements the Flemish Energy Agency may make anonymised and aggregated data from the web application available to the competent authorities, whereby the level of aggregation must guarantee adequate confidentiality. The individual data available in this web application are confidential and may not be used either by the Flemish Energy Agency or by any other party without the prior written consent of the operator.


Chapter 4.10.
EMISSIONS OF GREENHOUSE GASES


Section 4.10.1.
GHG emissions


Article 4.10.1.1. Translation not available

Article 4.10.1.2. Translation not available

Article 4.10.1.3. The volume of GHG emissions stated in Article 4.10.1.2, §2 is equal to the GHG emissions in the annual emission report verified and validated for the establishment in question, as stated in Article 4.10.1.5, §3. Where appropriate, the volume of GHG emissions stated in Article 4.10.1.2, §2 is equal to the conservative estimate stated in Article 4.10.1.5, §7.

Article 4.10.1.4. Translation not available

Article 4.10.1.5. Translation not available

Article 4.10.1.6. If a polluting establishment loses its status as a GHG installation, or if the activities of the GHG installation are stopped, the operator of the GHG installation must submit a request to have the applicable Y-sections deleted within fourteen days.

Part 5.
SECTORAL ENVIRONMENTAL CONDITIONS FOR CLASSIFIED ESTABLISHMENTS


Chapter 5.1.
PETROLEUM OR PETROLEUM PRODUCTS


Article 5.1.0.1.

For the establishments meant in subsection 1.2. of the classification list, no sectoral regulations are specified. The general and any other applicable sectoral and special environmental conditions remain in full force.

 

For the establishments meant in subsection 1.1 of the classification list, the provisions of section 5.20.2 apply.


Chapter 5.2.
WASTE PROCESSING ESTABLISHMENTS


Section 5.2.1.
General provisions


Scope.


Article 5.2.1.1.

§ 1.

The provisions of this chapter apply to the establishments meant in section 2 of the classification list.

 

§ 2.

The requirements of this chapter apply without prejudice to the provisions of the decree of 23 December 2011 concerning the sustainable management of material cycles and waste materials and its implementing orders.

 

§ 3.

The following conditions related to waste materials acceptance, work plan, setting up and infrastructure do not apply to the storage of waste materials at the establishment where they are produced and from which they are removed regularly.

 

§ 4.

Depending on the type of establishment, the following general operating conditions are supplemented by the conditions listed in sections 5.2.2. (waste storage and treatment establishments), 5.2.3. (waste incineration establishments), 5.2.4 (landfills for waste materials in or on the soil) and 5.2.5. (Mono-landfills for dredging spoil originating from surface waters in the public hydrographic network).

 

§ 5.

Animal by-products that are regarded as waste materials as specified in the decree of 23 December 2011 on the sustainable management of material cycles and waste materials are collected, treated and disposed of in accordance with the provisions of the regulation on animal by-products and its implementing Regulation (EU) No 142/2011.

 

§ 6.

This section does not apply to the establishments meant in sections 2.2.2, h), 2.3.2, f) and 2.3.3, b) of the classification list.


The acceptance and registration of waste materials.


Article 5.2.1.2. Translation not available

The work plan.


Article 5.2.1.3.

§ 1.

At the commencement of operations the operator has a work plan. According to the kind of establishment concerned, this work plan comprises:

 

a well-organised and clear manual for the operation of the establishment;

the organisation of waste materials delivery;

the organisation of the processing of the delivered waste materials;

a plan of the storage and treatment spaces, indicating the nature and the storage capacity for the different waste materials.

the organisation of the removal of waste materials;

the processing method for the delivered waste materials if the establishment is out of service (temporarily);

the drainage plan including the schedule, organisation and introduction of measures for the drainage of the establishment and/or the site;

measures to be taken in the event of malfunctions or undesired side-effects and to prevent nuisance.

 

§ 2.

The work plan must have the approval of the supervisory authority. The approved work plan is monitored by the supervisor.


Setting up and infrastructure.


Article 5.2.1.4.

§ 1.

When setting up a waste processing establishment, to protect the site and environs one should take into account the presence in the vicinity of the site of the following (and the distances from these to the site):

  • residential areas, recreation areas, agricultural areas, parkland or comparable areas, as indicated in the municipal land use plans and the implementation plans in operation in land-use planning;
  • valuable agricultural landscape areas or comparable areas, as indicated in the municipal land use plans and the implementation plans in operation in land-use planning;
  • vulnerable areas;
  • the perimeters of areas demarcated according to or in implementation of international treaties, agreements or guidelines;
  • watery areas as defined in Article 2 of the decree of 21 October 1997 concerning the conservation of nature and the natural environment;
  • roads and waterways;
  • the cultural patrimony, such as listed monuments, protected towns and villages, protected cultural/historical landscapes and protected archaeological sites;
  • water abstraction areas and protected zones of types I, II and III for groundwater, demarcated in application of the decree of 24 January 1984 concerning measures relating to groundwater management, and the sub-hydrographic basins of surface water intended for the production of drinking water, demarcated in application of the law of 26 March 1971 on the protection of surface waters against pollution.

 

§ 2.

Furthermore, according to the kind of establishment concerned the following factors must also be taken into account - in any event in the case of landfill sites:

  • the geological and hydrogeological conditions in the area;
  • the potential value of the aquifers present;
  • the mechanical characteristics of the soil and the stability of the site, including the risk of flooding, subsidence, landslides etc.;
  • the final purpose of the site;
  • the protection of the nature or the cultural patrimony in the area.

Article 5.2.1.5. Translation not available

Operation.


Article 5.2.1.6.

§ 1.

The operator ensures the proper operation and the cleanliness of the establishment. The staff is given the necessary instructions for the operation and maintenance of the establishment.

 

The operator ensures that the management of the establishment is in the hands of a natural person who is technically competent to manage the establishment. The operator of the establishment ensures that professional and technical training of staff is provided.

 

The establishment is set up and operated in such a way that no waste or litter gets scattered outside the establishment and that litter and wind-blown material is prevented to the greatest possible extent.

 

The whole establishment, including entrance and exit, car park and roads are thoroughly cleaned at regular intervals, daily if necessary. Litter along the enclosure and in the grounds is removed regularly, at least once a week.

 

§ 2.

When malfunctions or breakdowns occur, the operator takes the steps required to have any repairs carried out as soon as possible. He/she ensures that the required spare parts are obtained rapidly.

 

§ 3.

Using appropriate means particular to the responsible operation of the establishment, the operator prevents and combats dust, gas, aerosols, smoke or unpleasant odours. The operator takes all possible measures to minimise polluting emissions. Any nuisance caused may not exceed acceptable limits nor should it go beyond the normal nuisance caused by neighbours.

 

§ 4.

Unless specified otherwise in the environmental licence and without prejudice to other conditions concerning noise nuisance prevention, any activities disturbing peace and quiet are prohibited on workdays before 7 a.m. and after 7 p.m., on Sundays and public holidays.

 

§ 5.

The operator takes all steps required to prevent vibrations inherent in the operation of the establishment from causing harm to the stability of constructions or becoming a source of discomfort to the neighbourhood. Vibrations caused by the installations must not be transmitted to the building or the surrounding area. Parts of the installations that may act as sources of vibration are equipped with a vibration-damping system.

 

§ 6.

The operator takes all measures necessary to prevent nuisances caused by birds, vermin and insects. The use of pesticides is avoided to the greatest possible extent and the approval of the supervisory authority is required.

 

§ 7.

It is prohibited to let animals run free at the establishment

 

§ 8.

Any waste water that is generated in the establishment is collected. Waste water is always treated in an appropriate manner to be recycled or reused where possible, or in the other case to be discharged. No direct connection may exist between the point where waste water to be treated is collected and a surface water or a sewer.

 

§ 9.

The drainage of adjacent plots may not be impeded.


Article 5.2.1.7. Translation not available

Article 5.2.1.8. Translation not available

Fire prevention and firefighting.


Article 5.2.1.9. Translation not available

Section 5.2.2.
Waste storage and treatment establishments


Subsection 5.2.2.1.
Civic amenity sites


Waste materials acceptance.

Article 5.2.2.1.1. Translation not available

Article 5.2.2.1.2. By way of derogation from the general conditions for waste processing establishments, no weighbridge is required and in the register only information regarding removed waste materials is recorded, as well as information on any difficulties or malfunctions experienced, observations, measurements and other information about the establishment's operation.

Operation.

Article 5.2.2.1.3. Translation not available

Subsection 5.2.2.2.
Establishments for the storage and separation of dangerous household waste, connected to civic amenity sites.


Waste materials acceptance.

Article 5.2.2.2.1. Translation not available

Article 5.2.2.2.2.

§ 1.

The delivery, acceptance and sorting of the dangerous household waste is permitted only under supervision of the operator or his/her authorised representative. The operator or the above-mentioned representative has a sufficient command of chemistry and has sufficient knowledge of the characteristics and dangers of the chemicals that may be accepted and of the relevant safety regulations. The operator has to inform the supervisor of his/her authorised representative's name in writing.

 

§ 2.

By way of derogation from the general conditions for waste processing establishments, no weighbridge is required and in the register only information regarding removed waste materials is recorded, as well as information on any difficulties or malfunctions experienced, observations, measurements and other information about the establishment's operation.


Operation.

Article 5.2.2.2.3.

§ 1.

The collected waste materials are separated and stored immediately or at the latest by the end of the day's work by the operator or his/her authorised representative in such a way that any risk is avoided.

 

§ 2.

The dangerous household waste is separated and sorted according to the chemical composition, nature or characteristics of the different waste materials. The containers or recipients are clearly labelled with the nature of the individual waste materials and the relevant danger pictograms.

 

§ 3.

The dangerous household waste is stored in an impervious compartmentalised container ("secure space for dangerous household waste") or in a closed storage area, in accordance with the approved work plan.

 

§ 4.

If it is found that a receptacle containing dangerous household waste is leaking, the receptacle or its contents are transferred to another suitable receptacle immediately and any spilled liquid is cleared. To this end, sufficient spare receptacles and absorbing material are kept available at the establishment. Empty polluted recipients and polluted absorbing material are removed with the dangerous household waste.


Subsection 5.2.2.3.
Storage and composting of green waste, vegetable, fruit and garden (GFT) waste and organic/biological industrial waste materials


Common provisions.

Article 5.2.2.3.1. The provisions of this subsection apply to the establishments meant in subsections 2.2.3, a), b) and c) of the classification list.

Article 5.2.2.3.2. By way of derogation from the general provisions applicable to waste processing establishments, class 3 establishments require neither a weighbridge, nor a screen of greenery nor a waste register.

Article 5.2.2.3.3. Outside opening hours, the composting establishment must be closed to unauthorised persons. [...]

Article 5.2.2.3.4. The operator keeps a compost journal containing information on temperature measurements and dates relating to turning and end product harvesting.

Article 5.2.2.3.5.

§ 1.

Aerobic composting must be managed such that:

uniform aerobic composting is assured in the compost heaps;

the composting time is such that the process results in a serviceable end product.

 

§ 2.

The aerobic composting establishment has a spreading area to ensure complete composting. When the composting heaps are built, the material to be composted is sufficiently dampened to facilitate the composting process. The substrate is regularly turned to maintain aerobic conditions in the heap. The equipment needed to aerate or turn the compost must be present.

 

§ 3.

If compost is stored temporarily, this must be in an area which is free of dust and in heaps of no higher than 4 metres.

 

§ 4.

Composting establishments with a composting area greater than 10 m must have a sealed and waterproof floor fitted with a drainage system. The drainage water is collected, treated if necessary, and stored with a view to future reuse as a means of dampening the composted waste.


Establishments used solely for the composting of green waste.

Article 5.2.2.3.6. The establishments meant in subsection 2.2.3, a) may only accept compostable waste originating from the maintenance of gardens and parks.

Establishments for the composting of vegetable, fruit and garden (GFT) waste.

Article 5.2.2.3.7. Translation not available

Article 5.2.2.3.8. Translation not available

Establishments for the composting of organic/biological industrial waste materials.

Article 5.2.2.3.9. Translation not available

Subsection 5.2.2.3bis.
Storage and pre-treatment of green material pending useful application


Article 5.2.2.3bis.1. The provisions of this subsection apply to the establishments meant in subsection 2.2.3, d) of the classification list.

Article 5.2.2.3bis.2. By way of derogation from the general provisions applicable to waste processing establishments, class 3 establishments require neither a weighbridge, nor a screen of greenery nor a waste register.

Article 5.2.2.3bis.3. The establishment may only accept green material originating from the upkeep of soft roadside verges and natural areas.

Article 5.2.2.3bis.4.

 Business activities on-site must be managed such that:

storage and pre-treatment bring about a halt to biological processes or at least control them to exclude all possibility of odour nuisance and soil pollution;

pre-treatment is in line with final processing.


Article 5.2.2.3bis.5. [...]

Article 5.2.2.3bis.6. [...]

Subsection 5.2.2.3ter.
Storage and biological treatment of non-dangerous waste materials


Article 5.2.2.3ter.1. This subsection applies to the establishments meant in sections 2.2.3, e), 2.2.3, f), 2.3.3, a) and 2.3.7, d) of the classification list.

Article 5.2.2.3ter.2. The operator ensures that open basins are filled to a level no higher than that at which there is no danger of the basins overflowing.

Article 5.2.2.3ter.3.

The delivery line for liquid organic biological/waste materials from the truck in question has an impervious quick-action coupling that fits the closed storage site or an equivalent alternative. Drip-trays are also provided at the couplings that can catch the organic/biological waste materials. During unloading, the truck is located on a hard standing area that is sufficiently impervious so that the soil and groundwater and/or surface water cannot be polluted. All run-off from this hard surface is collected.

 

For establishments licensed before 1 July 2014, the requirements specified in paragraph 1 apply from 1 July 2017.


Subsection 5.2.2.4.
Establishments for the storage and treatment of specific non-dangerous solid waste materials


Waste materials acceptance.

Article 5.2.2.4.1. Translation not available

Operation.

Article 5.2.2.4.2. Translation not available

Article 5.2.2.4.3. The collected asbestos cement waste or other asbestos-containing waste in which asbestos in bonded form is present must be stored separately from the rest of the builders' and demolition waste. Other than sorting, no processing at all of the asbestos-containing waste may take place. All the necessary measures must be taken to prevent the dissipation of asbestos fibres.

Subsection 5.2.2.4bis.
Establishments for the storage and treatment of waste materials from one specific construction and demolition yard or roadworks, whereby after treatment at least 50% of the materials are usefully applied at the place of origin, whereby the establishment shall not have been operational for more than one year and whereby the establishment is situated not more than 1,000 m from the roadworks or in situ (on the plot itself or on an adjoining plot) of the construction and demolition yard


Article 5.2.2.4bis.1. This subsection applies to the establishments meant in section 2.2.2, h) of the classification list.

Article 5.2.2.4bis.2.

The establishment only accepts, stores and treats waste materials from the specific construction and demolition yard or specific roadworks that is/are explicitly specified and identified in the notification dossier. The stored quantity of waste materials and recycled aggregates is limited to the quantities specified in the notification dossier.

 

Only the following types of waste materials are stored and treated in the establishment:

inert waste materials consisting of the stony fraction of construction and demolition waste from the construction and demolition of buildings, engineering structures and constructions and from roadworks; 

non-tar-containing asphalt from the construction and demolition of buildings, engineering structures and constructions and from roadworks.

 

The following waste materials may not be processed in the establishment:

 

tar-containing asphalt;

builders' and demolition waste containing asbestos cement waste or other asbestos-containing building materials in which asbestos in bonded form is present;

building and demolition waste containing free asbestos fibres or asbestos dust;

other dangerous waste materials;

other non-dangerous waste materials not stated in subparagraph 2 of this Article. 

 


Article 5.2.2.4bis.3.

The operations authorised in the establishment are limited to:

 

storage;

sorting and preparatory mechanical treatment, such as crushing with a view to breaking up;

crushing; 

sieving. 


Article 5.2.2.4bis.4. The establishment is located not more than 1,000 m from the roadworks, measured from the boundaries of the plot or the demarcated site area of the roadworks, or in situ (on the plot itself or on an adjoining plot) of the construction and demolition yard.

Article 5.2.2.4bis.5.

The storage of rubble and recycled aggregates to be broken up is limited to a maximum of one year from the date of the notification.

 

The processing of the waste materials is limited to a maximum of sixty working days within the one-year period specified in paragraph 1.

 

The time limits specified in paragraphs 1 and 2 may not be extended.


Article 5.2.2.4bis.6. The delivery and processing of waste, as well as the removal of recycled aggregates and residual fractions, are prohibited on weekdays between 7 p.m. and 7 a.m., and on Saturdays, Sundays and public holidays.

Article 5.2.2.4bis.7. For the entire period of its operation, the establishment is provided with a permanent or temporary fence that makes access to mobile equipment impossible. The access road is also provided with an option to be closed off.

Article 5.2.2.4bis.8.

A sign is erected on the access road in a location clearly visible from the public highway that clearly states the following:

 

"toegang verboden voor onbevoegden" [no unauthorised access];

the establishment's nature

the name, address and telephone number of the operator;

the normal opening hours; 

the start and end dates of the activities;

the address and telephone number of the supervisory authority; 

in case of fire or other emergencies: telephone number of the fire brigade. 


Article 5.2.2.4bis.9. The provisions of section 4.5.5 apply to the establishments meant in this subsection. By way of derogation from this subsection, by day the specific noise in the open air from the establishment during mechanical treatment at the measuring points specified in Article 1, §3 and §4 of appendix 4.5.1 to this order is limited such that the background value in appendix 4.5.4 to this order, increased by 20 dB(A), is not exceeded. This provision does not apply in establishments that require silence, to which section 4.5.5 continues to apply.

Article 5.2.2.4bis.10.

§ 1.

Before mechanical treatment of the waste materials begins, the operator sends the following information to the authority to which the notification was submitted, and to the competent supervisory authority:

the start date and duration of the period during which waste materials will be mechanically treated;

the distance from the establishment to the specific construction and demolition yard or the specific roadworks;

the identification details of the rubble crusher, as established in the context of the Geographical Information System (GIS);

a copy of the certificate of the rubble crusher that will be used, issued by a recognised inspection body in the context of the VLAREA;

a description of the source strength (LW) of the rubble crusher in dB(A);

the distance from the rubble crusher to the nearest house and establishment requiring silence. 

 

§ 2.

The register that the operator maintains in application of waste regulations also contains the following information:

 

at all times: the estimated quantity and the nature of stored waste materials awaiting treatment; 

at all times: the estimated quantity and the nature of the stored recycled aggregates;

the times (days and times) at which waste materials are mechanically treated. 

 

§ 3.

Inert waste and non-tar-containing asphalt are stored and treated on a level hard surface, without the need to fit an impervious hard surface. The waste and recycled aggregates are stacked in a safe manner, with no risk to the environment.

 

§ 4.

The operator takes the necessary measures so that waste materials that cannot be usefully applied within the construction and demolition yard or the roadworks of which the establishment is part are removed regularly.

 

§ 5.

The establishment has a calibrated weighing installation with automatic registration.

 

§ 6.

During delivery and removal periods and during mechanical treatment, a responsible person with sufficient competence and knowledge of the conditions to be observed and the measures to be taken is present at all times. The operator informs the supervisory authority of the name of this person in writing.

 

§ 7.

The operator takes all necessary measures to prevent and limit dust nuisance.

 

If necessary, a sprinkler system or spray truck is used to keep the waste and recycled aggregates being stored ready for crushing, as well as the dust-sensitive areas of the site, damp, both during the storage phase and during crushing.

 

When transporting construction and demolition waste and waste from roadworks to the establishment and when removing recycled aggregates, the necessary precautions, such as covering or spraying, are taken to counter losses of load and the spreading of dust.

 

§ 8.

The machines are set up in such a way that vibrations are not emitted into the environment.

 

§ 9.

The rubble crusher is fitted with a web-based information system linked to a GPS system. The information system is operational whenever the rubble crusher is being used.

 

The web-based information system specified in subparagraph 1 enables the certification body and the supervisor to visualise the location of the production installation, monitor operations and review the production period. This information is recorded and listed in a central database available on-line for the certification body and the supervisor.

 

§ 10.

Within thirty days of the end of activities and within a period of one year's operation specified in Article 5.2.2.4bis.5, §1, the site is completely cleaned.


Subsection 5.2.2.5.
Establishments for the storage and treatment of dangerous waste materials and industrial waste materials not specified elsewhere


Waste materials acceptance.

Article 5.2.2.5.1. Translation not available

Operation.

Article 5.2.2.5.2. Translation not available

Article 5.2.2.5.3.

§ 1.

The operator or his/her authorised representative has a sufficient command of chemistry and has sufficient knowledge of the characteristics and dangers of the chemicals that may be accepted and of the relevant safety regulations. The operator has to inform the supervisor of his/her authorised representative's name in writing.

 

§ 2.

Upon delivery, the dangerous waste is stored and treated by the operator or his/her authorised representative in such a way that risks are avoided to the greatest possible extent.

 

§ 3.

The dangerous waste is subdivided and sorted according to its chemical composition, nature or characteristics.

 

§ 4.

The operator takes the measures necessary to prevent waste materials that may react with each other from causing uncontrolled reactions or from generating harmful or dangerous gases or vapours.

 

§ 5.

If it is found that a receptacle containing dangerous waste is leaking, the receptacle or its contents are transferred to another suitable receptacle immediately and any spilled liquid is cleared.

 

§ 6.

The sumps and the separate collection establishments of the compartmentalised storage are emptied regularly and at least after each incident. The waste material flow obtained is processed in an appropriate manner.

 

§ 7.

Empty polluted receptacles and polluted absorbing material are stored and treated according to the nature of the substances with which they have been polluted. Non-reusable receptacles are processed according to an adapted method.


Subsection 5.2.2.6.
Vehicle wreck storage and treatment establishments


Article 5.2.2.6.1. [...]

Waste materials acceptance.

Article 5.2.2.6.2. Translation not available

Operation.

Article 5.2.2.6.3. Translation not available

Article 5.2.2.6.4.

§ 1.

The following activities are clearly separated from each other in areas specially designed and intended for that purpose:

the collection of the vehicle wrecks;

the temporary storage of non-decontaminated vehicle wrecks;

the temporary storage of decontaminated vehicle wrecks;

the storage of liquids and other materials;

the storage of parts;

the storage of waste;

the processing.

 

By way of derogation from subparagraph 1, 2° and 3°, non-decontaminated and decontaminated vehicle wrecks may, however, be stored together if the following conditions are met:

the establishment does not have a shredder;

each decontaminated vehicle wreck is marked with a clearly identifiable label that is visible from ground level.

 

The processing is organised so that substances that are dangerous to the environment are processed as quickly as possible.

 

§ 2.

Dismantling, destruction including crushing and any other treatment of vehicle wrecks is always preceded by the decontamination of the wreck, with the exception of storage sites for a maximum of 5 vehicle wrecks at workplaces only for the inspection, repair and maintenance of motor vehicles (including bodywork activities), and provided that the dismantled parts are immediately used for the repairs.

 

Materials and parts of wrecks are processed in such a way that the shredder residues can be optimally recovered and by no means processed or disposed of as dangerous waste material.

 

The decontamination consists of the compulsory removal or separate collection of all liquids, unless they are required for the reuse of the parts in question, and of polluting or harmful components in the vehicle wreck as soon as it is delivered prior to any further treatment, more specifically:

drainage and individual storage of the liquids;

drainage of the refrigerants for air-conditioning with a contained system;

emptying of the brake fluid tank;

drainage of the engine oil, transmission oil and the driving gear oil;

dismantling of the engine oil filler;

emptying of the fuel tank by direct extraction in the tank or a splash-free drainage system;

drainage of the differential and the drive shafts as appropriate;

drainage of the oil of the steering gear or power-assisted steering;

drainage of hydraulic oils from wheel suspension systems;

10°

drainage of coolant;

11°

drainage of washer fluid;

12°

dismantling of any CNG tanks;

13°

dismantling of lead batteries;

14°

making safe of pyrotechnic parts of air bags/seat belts;

15°

dismantling of catalytic converters and other dangerous parts.

16°

dismantling or separate collection of the components and materials which must be marked or made identifiable in accordance with appendix I of the Royal Decree of 19 March 2004 regarding product standards for vehicles.

The drainage of the liquids is performed as thoroughly as possible. If parts contain significant amounts of liquid that might leak during disassembly and that would be difficult to draw off, to the greatest possible extent these parts should be removed from the wreck. After draining, the drain plugs are fitted again

 

§ 3.

Subject to the application of the provisions in § 2, liquids still present are immediately removed from leaking vehicle wrecks.

 

§ 4.

Dismantling or disassembly consists of the removal of the parts from the vehicle wreck that can be reused, including spare parts.

 

The following materials and parts are disassembled and separately collected in view of recycling:

 

catalytic converters;

metal parts containing copper, aluminium and magnesium, if after shredding these metals cannot be separated in such a way that they can be recovered as materials;

tyres and large synthetic parts such as bumpers, dashboards and liquid tanks if after shredding these materials cannot be separated to be recovered as materials;

glass, if after shredding, this glass is not separated in such a way that it can be reclaimed as a material.

 

Parts of discarded vehicles must be processed as follows:

 

reusable parts are reused, taking into account the requirements relating to safety; more specifically, any manufacturer's prohibition of the marketing of safety parts from discarded vehicle must be respected.

non-reusable parts are recovered as far as possible where preference is given to recycling to the extent that this entails no environmental dangers.

 

§ 5.

Large storage quantities and long storage periods are avoided. To this end, all stored materials are removed at regular intervals, with the exception of the parts disassembled for reuse as spares.

 

§ 6.

The storage operations are carried out in such a manner that damage is prevented to components containing liquids or to components for useful application and spare parts.


Article 5.2.2.6.5.

§ 1.

The liquids removed from the wrecks are stored in the designated closed drums or tanks in accordance with the approved work plan. Each drum or tank is labelled with a clearly readable specification of its contents and with the corresponding danger pictograms. Drums containing liquids are placed under cover on an impervious floor equipped with a collection system for leaked liquids. The different types of oils and liquids are kept separate and may in no case be mixed.

 

§ 2.

Batteries and storage batteries are stored in weatherproof covered and acid-resistant containers.

 

§ 3.

Absorbing material is available at the establishment in sufficient quantities. Polluted absorbing material is taken to an establishment appropriate for this material.


Subsection 5.2.2.7.
Scrap storage and processing establishments


Waste materials acceptance.

Article 5.2.2.7.1. Translation not available

Operation.

Article 5.2.2.7.2. Translation not available

Subsection 5.2.2.8.
Used oil storage and treatment establishments


Waste materials acceptance.

Article 5.2.2.8.1. Translation not available

Operation.

Article 5.2.2.8.2.

§ 1.

The storage of used oil must meet the conditions for the storage of flammable liquids included in section 5.6.2.

 

§ 2.

The operator of an establishment for the storage or treatment of used oil must have sufficient quantities of technical means to store or treat used oil without causing environmental pollution. The operator of an establishment for the treatment of used oil must have a sufficiently developed water treatment installation to purify the waste water generated by the treatment in order to be able to meet the effluent limits for discharges to surface water in all conditions. Waste water that cannot be treated in the waste water treatment establishment is taken to a suitable treatment establishment.

 

§ 3.

The storage tanks and containers for used oil are constructed and installed in such a way that easy and representative sampling of the contents is possible.

 

§ 4.

It is prohibited to store other substances in the storage tanks or containers licensed for the storage of used oil.

 

§ 5.

The addition of water, solvents or any other substance to the used oil is prohibited.

 

§ 6.

Any residues formed during the storage of used oil are delivered to a suitable processing installation.


Article 5.2.2.8.3. [...]

Article 5.2.2.8.4. [...]

Article 5.2.2.8.5. [...]

Article 5.2.2.8.6. Translation not available

Subsection 5.2.2.9.
Establishments for the cleaning of receptacles used for the storage or transport of substances


Article 5.2.2.9.1. The following conditions apply to the cleaning activity, without prejudice to the conditions that apply to other activities such as the denting out, sand-blasting and painting of metals or other materials.

Waste materials acceptance.

Article 5.2.2.9.2. Translation not available

Operation.

Article 5.2.2.9.3.

§ 1.

The establishment is constructed in such a way that waste materials can in no way be discharged into the environment. The floors of the cleaning establishment, the cleaning lines, the receiving drains and the drainage channels are impervious and chemically inert regarding the waste materials they may come into contact with. No connection may exist between the cleaning establishment proper and a groundwater layer, public sewers, surface water or a reservoir for surface waters.

 

§ 2.

The operator of an establishment for the cleaning of receptacles must have a sufficiently developed water treatment installation to purify the waste water generated by the cleaning in order to be able to meet the effluent standards for discharges to surface water under all conditions. Waste water that cannot be treated in the waste water treatment installation must be taken to a suitable treatment installation. The cleaning establishment as a whole is impervious and chemically inert regarding the waste material flows processed at the establishment. With the exception of the discharge point for the effluent, no connection at all may exist between the waste water treatment installation and a groundwater layer, public sewers, a surface water or a reservoir for surface waters.

 

§ 3.

The residual contents and the flush water that cannot be processed in the waste water treatment installation, as well as the waste materials generated after the treatment, are removed to a suitable processing establishment.

 

§ 4.

The storage areas for liquid waste and the cleaning rooms themselves are constructed in such a way that liquids flowing away and spilled liquids are collected. The floors, receiving drains and sumps are impervious and chemically inert regarding the liquids they may come into contact with.

 

§ 5.

The operator takes the measures necessary to prevent waste materials that may react with each other from causing uncontrolled reactions or from generating harmful or dangerous gases or vapours.

 

§ 6.

The containers or drums in which the waste materials generated by the cleaning activities are stored:

  1. may only be stored in storage areas intended for this purpose, on a surface that is both impervious and chemically inert regarding the waste materials stored in these containers or drums;
  2. are placed in a bund that is impervious and chemically inert regarding the waste materials stored in these containers or drums; the capacity of this bund is sufficiently large to hold all of the liquids stored in it.
  3. are clearly labelled with the nature of the waste material and the relevant danger pictograms.

 

§ 7.

When cleaning receptacles which have contained volatile organic products with a vapour pressure in excess of 13.3 kPa at a temperature of 35°C, with the exception of drums:

 

the receptacles are given a cold pre-rinse;

the rinse water is drained off in a sealed conduit to the gutter, for example by connecting a hose to the tank outlet which discharges below the gutter water level;

the treatment sludge is stored under cover.

 

§ 8.

When cleaning drums, both when rinsing drums using an organic solvent or an acid and when rinsing drums that have held volatile organic products with a vapour pressure of more than 13.3 kPa at a temperature of 35°C, using warm or hot water or lye:

 

the air is extracted and treated with a gas washer, an activated carbon filter, a post-combustion incinerator, a biofilter or some other equivalent treatment system;

the treatment sludge is stored under cover. 

 

§ 9.

For establishments licensed before 1 January 2012, the requirements specified in paragraph 8 apply from 1 January 2015.


Subsection 5.2.2.9bis.
Establishments for processing industrial waste water and liquid or silty industrial waste flows from external sources


Article 5.2.2.9bis.1.

This subsection applies to the following activities:

the pre-treatment of liquid or silty industrial waste flows from external sources that produces waste water, and the treatment of that waste water;

the treatment of industrial waste water from external sources.


Article 5.2.2.9bis.2. With regard to channelled emission points of process components and operations that are covered and extracted, an emission limit value for the sum of organic substances of 20 mg/Nm³ in the discharged waste gas applies for volatile organic compounds with a vapour pressure of more than 13.3 kPa at a temperature of 35°C.

Subsection 5.2.2.10.
Establishments for the storage and processing of animal by-products that are considered waste materials


Article 5.2.2.10.1.

§ 1.

The establishment consists of a clean section and an unclean section, which are kept separate to prevent pollution or repollution of the finished products.

 

§ 2.

The unclean section of the company contains the areas in which the animal by-products are received, all production process treatment areas and the waste gas and waste water treatment installations.

 

§ 3.

The clean section of the company contains the storage and treatment areas for materials that have undergone a treatment in accordance with appendix IV of Regulation (EU) No 142/2011

 

§ 4.

The waste materials are processed in a sealed processing installation.


Waste materials acceptance.

Article 5.2.2.10.2. Translation not available

Layout and infrastructure.

Article 5.2.2.10.3.

§ 1.

Odour-laden waste gases are extracted at all points where they arise in the establishment and led off to an appropriate waste gas treatment installation. Waste gases are in any case extracted from the receiving area, the storage area and above the crushing or grinding installation.

 

§ 2.

[...]

 

§ 3.

The waste water must flow easily from the establishment to suitable collection pits.

 

§ 4.

The waste water is treated in an appropriate waste water treatment installation until compliant with the discharge standards and without causing odour nuisance.

 

§ 5.

Waste water originating from the unclean zone must - wherever practically possible - be treated to remove all pathogens.


Article 5.2.2.10.4. The procedures, methods and equipment used to sample the processed products are approved by the supervisory authority. The practical implementation of the sampling is approved in advance by a duly recognised laboratory as specified in Article 6, 5°, e) of VLAREL, unless the sampling is carried out by a duly recognised [...] laboratory itself.

Article 5.2.2.10.5. [...]

Article 5.2.2.10.6. [...]

The processing.

Article 5.2.2.10.7. [...]

Article 5.2.2.10.8. [...]

Article 5.2.2.10.9. [...]

Article 5.2.2.10.10. [...]

Requirements regarding hygiene for the final products.

Article 5.2.2.10.11. [...]

Monitoring.

Article 5.2.2.10.12. [...]

Article 5.2.2.10.13. [...]

Obligations of the authorities.

Article 5.2.2.10.14. [...]

Subsection 5.2.2.11.
Establishments for the treatment of waste materials within, or forming part of, a sewage treatment installation


Article 5.2.2.11.1. This subsection applies to establishments for the treatment of waste materials within, or forming part of, sewage treatment installations.

Article 5.2.2.11.2.

§ 1.

By way of derogation from Article 5.2.1.2, no weighbridge is required.

 

§ 2.

By way of derogation from Article 5.2.1.3., the work plan must only comprise:

 

the organisation of waste materials delivery;

the organisation of the processing of the delivered waste materials;

the organisation of the removal of waste materials;

the processing method for the delivered waste materials if the establishment is out of service (temporarily);

measures to be taken in the event of undesired side-effects and to prevent nuisance.

 

§ 3.

By way of derogation from Article 5.2.1.5., § 1, no signboard is required.


Subsection 5.2.2.12.
Thermal soil decontamination installations


Article 5.2.2.12.1.

This subsection applies to those installations specified in section 2.2.5 of the classification list that are designed to decontaminate excavated soil using heating processes.

 

For establishments licensed before 1 January 2012, the requirements specified in this subsection apply from 1 January 2015.


Article 5.2.2.12.2.

The following emission limit values apply to the discharged waste gases:

 

parameters

emission limit values for an oxygen level of 11%

 

daily average
in mg/Nm3

half-hour value
in mg/Nm3

CO

50

100

total dust particles

10

30

gaseous and volatile organic compounds, expressed in total organic carbon

10

20

gaseous inorganic chlorides, expressed in HCl

10

60

gaseous inorganic fluorides, expressed in HF

1

4

sulphur dioxide (SO2)

50

200

nitrogen oxides, expressed in NO2

200

400

mercury and mercury compounds, expressed as Hg

0.03

0.05

 

average over at least six hours and at most eight hours in ng TEQ/Nm³

dioxins and furans

0.1

 

Without prejudice to the other provisions of chapter 4.4, the concentration of the parameters specified in paragraph 1 are measured at least at the frequency specified below:

 

 

measurement frequency

CO, sulphur dioxides, nitrogen oxides

continuously

dioxins and furans

twice a year

the other parameters

every three months

 

[...]


Subsection 5.2.2.13.
Establishments for the storage and moist-heat treatment of infectious waste materials

Translation not available

Article 5.2.2.13.1. Translation not available

Article 5.2.2.13.2.

The decontamination installation is built, equipped and operated such that the waste materials are decontaminated as uniformly and completely as possible using moist heat. Techniques that work with dry heat are not permitted.


The conditions for temperature and pressure are described in appendix 5.2.2.13.A and 5.2.2.13.B.

 

The operating pressure of the equipment is adapted to the operating temperature, thereby ensuring at all times that the generated steam is saturated. The decontamination phase starts when the specified temperature and pressure are reached.


Only if all the provisions of the code of good practice specified in appendix 5.2.2.13.C are complied with can the decontamination be considered adequate.


Article 5.2.2.13.3.

The establishment consists of a clean section and an unclean section, which are kept separate in a suitable manner to prevent pollution or repollution of the finished products. The unclean section consists of the area for storing the untreated waste materials and the decontamination equipment. The clean section contains the storage of substances that have passed through the decontamination phase.


Infectious waste materials are processed as quickly as possible, and at least weekly. The processing frequency is matched to the storage capacity of the area where the waste is stored while awaiting decontamination.


Gases and vapours are passed through a HEPA filter before being emitted by the installation.


The decontamination installation meets the provisions of appendix 5.2.2.13.C.


The monitoring of the decontamination installation meets the provisions of appendix 5.2.2.13.C.


The recorded data are classified and kept available for perusal by the supervisor for two years.


The measuring equipment is regularly calibrated by the body or person responsible for maintenance. In case of abnormal operating conditions, precautions are taken in accordance with appendix 5.2.2.13.C.


Article 5.2.2.13.4.

The decontamination installation includes a maintenance programme and a maintenance protocol that at least contain the maintenance operations of appendix 5.2.2.13.C.


The decontamination installation is documented in a logbook that at least contains the information specified in appendix 5.2.2.13.C.


The process parameters that are recorded for each decontamination cycle and the results of the maintenance programme are kept available for perusal by the supervisor for at least two years.


Article 5.2.2.13.5.

§ 1.

The installation must pass the following inspections:

 

through an inspection at the time of commissioning, the operator shows that the installation operates according to the predetermined process parameters, the recording equipment has been correctly calibrated and there is adequate killing of pathogenic and/or genetically modified micro-organisms;

via a periodic inspection, the operator shows that the installation is still able to guarantee adequate killing of pathogenic and/or genetically modified micro-organisms. This inspection is initially carried out monthly. After a period of twelve months in which all monthly inspections deliver a favourable result, the inspection is carried out every three months;

following events that could affect the proper functioning of the installation, it is demonstrated by means of an exceptional inspection that this proper functioning remains guaranteed. This is done in any case after a repair, a malfunction and upon any significant change in the waste to be processed.


For the test-organism of biological indicators, traces are used of Bacillus subtilis, Geobacillus stearothermophilus or another organism that can be shown to have at least an equivalent resistance to decontamination with moist steam.

 

§ 2.

The reports of the prototype inspection, the inspection on commissioning and the protocols for periodic and exceptional inspections are validated by the technical expert. The validations are requested by the operator of the installation and are carried out at his/her expense.


These documents and the validation document are kept available for perusal by the supervisor.

 

The reports of the periodic and exceptional inspections, together with the logbook of maintenance, repairs and loading, are kept available in the installation for perusal by the supervisor for two years.


Article 5.2.2.13.6. Dangerous medical waste that has passed through a decontamination cycle is only released as solid non-dangerous medical waste materials if the recorded process parameters have been checked by the person responsible for the decontamination. For this he/she signs a release form that can be produced at the request of the registered collector. If the process parameters or the results of the biological inspection after the process differ from the regulations, the waste materials are treated as dangerous medical waste materials.

Article 5.2.2.13.7. Preventive measures for employees are taken in accordance with appendix 5.2.2.13.C.

Section 5.2.3.
Waste incineration establishments


Subsection 5.2.3.1.
General conditions for incineration establishments


Article 5.2.3.1.1. [...]

Wood-burning stoves derogation.

Article 5.2.3.1.2. [...]

Operation.

Article 5.2.3.1.3. [...]

Flue gas emissions and stack height.

Article 5.2.3.1.4. [...]

Article 5.2.3.1.5. [...]

Waste water.

Article 5.2.3.1.6. [...]

Processing of combustion residue.

Article 5.2.3.1.7. [...]

Measurements.

Article 5.2.3.1.8. [...]

Exceeding of standards and malfunctions.

Article 5.2.3.1.9. [...]

Subsection 5.2.3.2.
Dangerous waste incineration establishments


Waste materials acceptance.

Article 5.2.3.2.1. [...]

Article 5.2.3.2.2. [...]

Operation.

Article 5.2.3.2.3. [...]

Article 5.2.3.2.4. [...]

Article 5.2.3.2.5. [...]

Article 5.2.3.2.6. [...]

Subsection 5.2.3.3.
Household waste incineration establishments


Waste materials acceptance.

Article 5.2.3.3.1.

[...]


Article 5.2.3.3.1bis. [...]

Operation.

Article 5.2.3.3.2. [...]

Article 5.2.3.3.3. [...]

Article 5.2.3.3.4. [...]

Article 5.2.3.3.5. [...]

Article 5.2.3.3.6. [...]

Article 5.2.3.3.7. [...]

Subsection 5.2.3.4.
Wood waste incineration establishments


Waste materials acceptance.

Article 5.2.3.4.1. [...]

Article 5.2.3.4.2. [...]

Operation.

Article 5.2.3.4.3. [...]

Article 5.2.3.4.4. [...]

Article 5.2.3.4.5. [...]

Subsection 5.2.3.5.
Incineration establishments for used oil to be used as fuel


Article 5.2.3.5.1. [...]

Waste materials acceptance.

Article 5.2.3.5.2.

Operation.

Article 5.2.3.5.3.

Article 5.2.3.5.4.

Article 5.2.3.5.5.

Article 5.2.3.5.6.

Article 5.2.3.5.7.

Subsection 5.2.3.6.
Incineration establishments for dangerous medical waste and for liquid and paste-like non-dangerous medical waste


Article 5.2.3.6.1. [...]

Article 5.2.3.6.2. [...]

Section 5.2.3bis.
Incineration and co-incineration installations for waste materials


Subsection 5.2.3bis.1.
General conditions for incineration and co-incineration installations


Article 5.2.3bis.1.1.

 This subsection applies to establishments classified according to the following sections:

2.3.4.1.b,c,e,f,g,h,j,k,l,m;

2.3.4.2.b,c,d,e,f,g;

2.3.5.


Article 5.2.3bis.1.1bis.

§ 1.

For the purposes of this subsection, waste incineration installations and waste co-incineration installations also include all incineration lines or co-incineration lines and the provisions for receipt, storage and pre-treatment on-site of the waste, the systems for the supply of waste, fuel and air, steam boilers, the arrangements for the treatment of waste gases, the arrangements for the processing or storage on-site of residues and waste water, the stacks, as well as the equipment and systems for the regulation of the incineration or co-incineration process and the recording and monitoring of the incineration or co-incineration conditions.

 

If, for the thermal treatment of waste, use is made of processes other than oxidation, such as pyrolysis, gasification and the plasma process, the waste incineration or co-incineration installation includes both the thermal treatment process and the subsequent incineration process.

 

§ 2.

This subsection does not apply to gasification and pyrolysis installations, if the gases that are the result of the thermal treatment of waste are cleaned such that they are always comparable with natural gas in terms of nature and composition prior to their incineration.

 

§ 3.

If co-incineration of waste takes place in such a way that the installation is not principally intended for the generation of energy or the manufacture of material products, but for the heat treatment of waste, the installation is regarded as a waste incineration installation.


[...].

Article 5.2.3bis.1.2. Upon the delivery and receipt of waste materials, the operator of the incineration or co-incineration installation takes all necessary precautionary measures to prevent or limit to the greatest possible extent all harmful consequences for the environment, in particular the pollution of air, soil, surface water and groundwater as well as other negative environmental effects, odour nuisance and noise nuisance, and direct risks to public health.

Article 5.2.3bis.1.3. Translation not available

Article 5.2.3bis.1.4.

§ 1.

Before waste materials are received at the incineration or co-incineration installation, the operator of the installation at least follows the following reception procedures:

 

check of the required documents;

check of conformity of the delivered waste materials with the written information. If relevant to this end, the waste materials are sampled and analysed in a representative way, where the parameters to be analysed are determined in such a way that conclusive verification of conformity is ensured. The samples taken are then kept for at least one month after incineration.

 

§ 2.

Before dangerous waste materials can be accepted at the incineration or co-incineration installation, the operator must also have a description of the waste materials in which the following information is specified:

the source and the origin of the waste material;

the physical and chemical composition of the waste materials, as well as all information needed to evaluate the suitability of the materials for the intended incineration process based on aspects including the analysis of the waste materials;

the dangerous properties of the waste materials, the materials with which they may not be mixed and the precautionary measures to be taken when treating the waste material;

Acceptance takes place on the basis of documents that contain the above-mentioned information.    

 


Article 5.2.3bis.1.5. The operator establishes the mass of each waste category per load, and if possible the category in accordance with the waste materials list specified in appendix 2.1 of the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials before the waste is received by the incineration or co-incineration installation.

Article 5.2.3bis.1.6. Translation not available

[...].

Article 5.2.3bis.1.7.

The sites of incineration and co-incineration installations, with the associated sites for the storage of waste, are designed and operated in such a way that the unlawful or accidental release of pollutants into the soil, surface water and groundwater is prevented.

 

Reception capacity is provided for the polluted rainwater draining off the site of the waste incineration or co-incineration plant and for the polluted water that comes from overflows or fire-fighting. The reception capacity is such that this water can if necessary be examined and treated before being discharged.


Article 5.2.3bis.1.8. Translation not available

Article 5.2.3bis.1.9. Translation not available

Article 5.2.3bis.1.10. Dangerous medical waste is directly introduced into the furnace in the specified receptacles, meaning without them first being mixed with waste materials of other categories.

Article 5.2.3bis.1.11. Translation not available

Article 5.2.3bis.1.12. Translation not available

[...].

Article 5.2.3bis.1.13. Translation not available

[...].

Article 5.2.3bis.1.14. Translation not available

Article 5.2.3bis.1.15. Translation not available

[...].

Article 5.2.3bis.1.16. Translation not available

Article 5.2.3bis.1.17.

§ 1.

If untreated mixed urban waste or comparable industrial waste is incinerated in a co-installation installation, the emission limit values for incineration installations apply.

 

§ 2.

If, at a co-incineration installation, more than 40% of the heat released originates from dangerous waste materials, the emission limit values for incineration installations apply.


Article 5.2.3bis.1.18.

§ 1.

If Article 5.2.3bis.1.17 is not applicable, each co-incineration installation that is operating must comply with the emission limit values [...] as described in Article 5.2.3bis.1.19 up to and including 5.2.3bis.1.22.

 

§ 2.

The calculated emission limit values apply from the first time of co-incineration, and then remain applicable even if no waste materials are co-incinerated.


Article 5.2.3bis.1.19. Translation not available

Article 5.2.3bis.1.20. Translation not available

Article 5.2.3bis.1.21.

The following special conditions apply to combustion plants in which waste materials are co-incinerated:

 

1° for combustion plants in which waste materials are co-incinerated, with the exception of gas turbines and stationary motors, the following process emission limit values (Cprocess) apply as daily averages, whereby the total nominal thermal input power of a combustion plant is determined using the aggregation rules defined in Articles 5.43.2.1 and 5.43.3.1 and half-hourly averages are only required to calculate the daily averages:

 

a) installations for which the first licence to operate was issued before 7 January 2013 or for which the first licence to operate was applied for before 7 January 2013, provided it was commissioned at the latest on 7 January 2014:

 

1) up to and including 31 December 2015:

 

1.1) Cprocess for solid fossil fuels, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 6%):

 

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 300

300

200

 200

NOx, expressed as NO

 400

 400

 200

 200

dust 

 50

 30

 30

 30

HCl

 30

 30

 30

 30

 

1.2) Cprocess for solid biomass, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 6%):

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 450

75

75

75

NOx, expressed as NO

600/300*

300

300

200

dust 

 50

15

15

15

HCl

 50

15

15

15

 

(*) For installations with a total nominal thermal input power up to and including 30 MW, an emission limit value of 600 mg/Nm3 applies to nitrogen oxides (NOx) expressed as NO2. For installations with a total nominal thermal input power greater than 30 MW, an emission limit value of 300 mg/Nm3 applies.

 

1.3) Cprocess for liquid fuels, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 3%):

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 150

150

150

150

NOx, expressed as NO

300

300

200

200

dust 

 50

30

30

30

HCl

 30

30

30

30

 

2) from 1 January 2016:

2.1) Cprocess for solid fossil fuels, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 6%): 

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 300

300

200

100

NOx, expressed as NO

400

300

200

150

dust 

 50

30

20

10

HCl

 30

30

30

30

 

2.2) Cprocess for solid biomass, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 6%): 

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 450

75

75

75

NOx, expressed as NO

600/300*

300

250

150

dust 

 50

15

15

10

HCl

 50

15

15

15

 

(*) For installations with a total nominal thermal input power up to and including 30 MW, an emission limit value of 600 mg/Nm3 applies to nitrogen oxides (NOx) expressed as NO2. For installations with a total nominal thermal input power greater than 30 MW, an emission limit value of 300 mg/Nm3 applies.

 

2.3) Cprocess for liquid fuels, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 3%): 

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 150

150

150

100

NOx, expressed as NO

300

300

200

150

dust 

 50

30

20

10

HCl

 30

30

30

30

 

b) installations for which the first licence to operate was applied for on or after 7 January 2013 or which was commissioned after 7 January 2014:

 

1) Cprocess for solid fossil fuels, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 6%):

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 300

200

100

60

NOx, expressed as NO

300

150

100

60

dust 

 50

10

10

6

HCl

 30

30

30

30

 

2) Cprocess for solid biomass, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 6%):

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 450

75

75

60

NOx, expressed as NO

450/300*

150

150

60

dust 

 50

10

10

6

HCl

 50

15

15

15

 

(*) For installations with a total nominal thermal input power up to and including 30 MW, an emission limit value of 450 mg/Nm3 applies to nitrogen oxides (NOx) expressed as NO2. For installations with a total nominal thermal input power greater than 30 MW, an emission limit value of 300 mg/Nm3 applies.

 

3) Cprocess for liquid fuels, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 3%): 

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 150

150

100

60

NOx, expressed as NO

300

150

100

60

dust 

 50

10

10

6

HCl

 30

30

30

30

 

i. 2° For combustion plants, with the exception of gas turbines and stationary motors, in which waste materials are co-incinerated, the following total emission limit values (Ctotal) Ctotal apply to heavy metals (mg/Nm3), expressed as averages that are calculated over a sampling period of at least 30 minutes and at most eight hours for a reference oxygen level in the waste gases of 6% for solid fuels and 3% for liquid fuels: 

 

Pollutant

Ctotal (mg/Nm3)

Cd + Tl

0.05

Hg

0.05

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V + Sn

0.5

 

ii. Ctotal for dioxins and furans (ng TEQ/Nm3), expressed as averages that are calculated over a sampling period of at least six hours and at most eight hours for a reference oxygen level in the waste gases of 6% for solid fuels and 3% for liquid fuels:

 

Pollutant   

Ctotal (ng TEQ/Nm3)

Dioxins and furans

0.1

 

For the continuous sampling of dioxins and furans a threshold value of 0.1 ng TEQ/Nm³ applies. 

 


Article 5.2.3bis.1.22.

Special conditions apply for industrial sectors co-incinerating waste materials that do not fall under Article 5.2.3bis.1.20 or 1.21.

 

The following total emission limit values apply:

 

Ctotal: expressed in mg/Nm3. All average values are calculated over a sampling period of at least 30 minutes and at most eight hours:

 

Pollutant

Ctotal (mg/Nm3)

Cd + Tl

0.05

Hg

0.05

 

Ctotal expressed in ng TEQ/Nm3. All average values are calculated over a sampling period of at least six hours and at most eight hours:

 

Pollutant

Ctotal (ng TEQ/Nm3)

Dioxins and furans

0.1

 

For the continuous sampling of dioxins and furans a threshold value of 0.1 ng TEQ/Nm³ applies.

 

Emissions: water


[...].

Article 5.2.3bis.1.23. Translation not available

[...].

Article 5.2.3bis.1.24.

§ 1.

Measuring equipment is installed and techniques are used for the monitoring of the parameters, the conditions and the mass concentrations relevant to the process of incineration or co-incineration.

 

§ 2.

All measurement and analysis results are kept available for perusal by the supervisory authority. Each month the operator sends an overview of the results to the supervisory authority. The results of the discontinuous measurements of dioxins and furans are submitted as soon as possible and preferably within a month of performing the measurements. All results are registered, processed and presented in an appropriate manner so that the supervisory authority can ascertain whether the set conditions and emission limit values are being complied with.

 

§ 3.

The quality assurance of the automated measuring systems is performed according to CEN standards. The code of good practice is also applied in addition to the CEN standards. The automated measuring systems are checked at least once a year using parallel measurements with the reference measurement methods and are calibrated at least once every three years by a recognised laboratory in the discipline of air as specified in Article 6, 5°, b) of VLAREL.

 

[...]

 

The equipment for continuous dioxin sampling is inspected at least every three years according to a code of good practice.

 

The operator informs the division responsible for enforcing environmental regulations of the results of the inspection of the automated measuring systems.


Article 5.2.3bis.1.25.

§ 1.

Measurements to determine the concentration of substances discharged in the air must be representative.

 

§ 2.

The sampling and analysis of the pollutants in question, including dioxins and furans, as well as the reference measurement methods for calibrating the automated measuring systems, are carried out according to the measurement methods specified in appendix 4.4.2. or, if no measuring methods are specified there, in accordance with CEN standards.

 

If no CEN standards exist, ISO standards, national or other international standards are applied that guarantee that information of an equivalent scientific quality is provided.

 

§ 3.

The value of the 95% reliability interval determined for the daily average emission limit values may not exceed the following percentages of the emission limit values:

 

CO

10%

total dust

30%

total organic carbon

30%

HCl

40%

HF

40%

SO2

20%

NOx

20%


Article 5.2.3bis.1.26. Translation not available

Article 5.2.3bis.1.27.

§ 1.

The half-hourly averages and ten-minute averages are determined during the time the installation is operational (the times necessary for starting up and shutting down are not included to the extent that during those times no waste materials are incinerated) on the basis of the measured values from which the value of the reliability interval of Article 5.2.3bis.1.25, §3 is deducted. The daily averages are determined on the basis of those validated average values.

 

A daily average is only valid if for the day in question no more than five half-hourly averages are omitted as a result of faults or as a result of the maintenance of the system for continuous measurements. Each year no more than ten daily averages may be omitted as a result of faults or maintenance of the system for continuous measurements.

 

§ 2.

The emission limit values for the continuous measurements are considered to have been complied with if, of the validated measuring results:

 

1° for dust, TOC, HCl, HF, SO2, NOx:

 

a) none of the daily averages is higher than the emission limit values set in Article 5.2.3bis.1.15, 2° (incineration installations) or in Article 5.2.3bis.1.19, Article 5.2.3bis.1.20, 1°, and Article 5.2.3bis.1.21, 1° (co-incineration installations);

 

b) or none of the half-hourly averages is higher than the emission limit values set for incineration installations in column A of Article 5.2.3bis.1.15, 2°, or, where appropriate, 97% of the half-hourly averages over the year are not higher than the emission limit values established for the same parameters in column B of Article 5.2.3bis.1.15, 2°;

 

2° for CO in incineration installations:

 

a) 97% of the daily averages over the year are not higher than the emission limit value in Article 5.2.3bis.1.15, 1°;

 

b) or at least 95% of all determinations of 10-minute averages, or all determinations of half-hourly averages during a random period of 24 hours, meet the respective emission limit values determined in Article 5.2.3bis.1.15, 1°, b);

 

3° for CO in co-incineration installations, none of the half-hourly averages is higher than the emission limit values derived according to Article 5.2.3bis.1.19 or set in accordance with Article 5.2.3bis.1.20, 2°.

 

§ 3.

For discontinuous measurements of the concentrations of pollutants in waste gases, the emission limit values are considered to be complied with if, of the measurement results (allowance made for a measurement accuracy of 30%):

 

the average over the sampling period for HCl, HF, SO2 is not higher than the emission limit values in column A of Article 5.2.3bis.1.15, 2° for incineration installations or the emission limit values for co-incineration installations derived according to Article 5.2.3bis.1.19;

[...]

none of the average values over the sampling period set for heavy metals and dioxins and furans is higher than the emission limit values determined in Article 5.2.3bis.1.15, 3° and 4° for incineration installations, or the emission limit values determined in Article 5.2.3bis.1.20, 1°, Article 5.2.3bis.1.21, 2°, and Article 5.2.3bis.1.22 for co-incineration installations;

[...]


[...].

Article 5.2.3bis.1.28.

§ 1.

Measuring equipment is installed and techniques are used for the monitoring of the parameters, the conditions and the mass concentrations relevant to the process of incineration or co-incineration.

 

§ 2.

The practical implementation of the sampling and measurements is approved in advance by a recognised laboratory in the discipline of water, specified in Article 6, 5°, a) of VLAREL, unless the sampling and measurements are carried out by a recognised laboratory in the discipline of water, specified in Article 6, 5°, a) of VLAREL itself.

 

 

The same applies for the location of the sampling or the measurement point.

 

 

§ 3.

A recognised laboratory in the discipline of water, sub-area waste water, specified in Article 6, 5°, a) of VLAREL, checks that the automatic equipment for the monitoring of emissions into water is correctly installed and in working order.

 

A verification test is provided each year.

 

This is checked at least every three years by means of parallel measurements in accordance with the reference methods.

 

The operator submits a copy of the inspection reports to the supervisor each year.

 

§ 4.

All results are recorded, processed and presented in an appropriate manner so that the supervisor can ascertain whether the conditions and emission limit values are being complied with.


Article 5.2.3bis.1.29.

§ 1.

Measurements to determine the concentration of water-polluting substances must be representative.

 

§ 2.

The sampling and analysis of all pollutants in water, including dioxins and furans, the quality assurance of automated measuring systems, as well as the reference measurements for the calibration of automatic measuring systems, must be carried out according to the measuring methods included in appendix 4.2.5.2 of this order. If no standards are included, CEN standards must be used. If no CEN standards exist, ISO standards, national standards or international standards must be used that guarantee that information of an equivalent scientific quality is provided.

 

§ 3.

The check of measurement results is performed by the supervisory authority according to Article 4.2.6.1 of this Order.


Article 5.2.3bis.1.30.

§ 1.

On the initiative and at the expense of the operator, at least the following measurements must be performed on purified waste water originating from waste gas cleaning:

 

continuous measurement of the operational control parameters pH, temperature and flow rate;

daily measurement of the total quantity of suspended solids by means of a dip sample or a twenty-four hour pooled sample proportionate to the flow rate;

at least monthly measurements of substances 2 up to and including 10 specified in Article 5.2.3bis.1.23, § 2, by means of a twenty-four hour pooled sample proportionate to the flow rate;

measurements of dioxins and furans by means of a dip sample at least every six months. This measurement must take place at the same time as the measurement of dioxins and furans in the waste gases. During the first operating period of twelve months the measurements must, however, take place at least every three months.

 

§ 2.

If waste water generated by the cleaning of waste gases is purified on-site along with waste water from other sources at the installation, the operator performs the measurements described in § 1 to arrive at a mass balance calculation in the following places:

 

in the waste water flow from the flue gas cleaning processes before mixing with other waste waters;

in the other waste water flow or flows;

at the point where the waste water is ultimately discharged by the incineration or co-incineration installation.


Article 5.2.3bis.1.31.

Without prejudice to the provisions included in section 4.2.6 of this order, the emission limit values for waste water originating from waste gas cleaning are considered to have been complied with if:

 

during measurements of the total quantity of suspended solids, 95% and 100% of the measured values do not exceed the respective emission limit values;

during measurements of heavy metals, the emission limit values are exceeded no more than once a year;

during measurements of dioxins and furans, the emission limit value is not exceeded.


[...].

Article 5.2.3bis.1.32.

§ 1.

The generation of residues during the operation of the incineration or co-incineration installation and their harmfulness are restricted to a minimum.

 

§ 2.

Before the processing method for residues from incineration and co-incineration installations is set, appropriate tests and analyses are performed to ascertain the physical and chemical properties and polluting capacity of the different incineration residues. The analyses at least cover the total soluble fraction and the soluble fraction of heavy metals.

 

Where applicable the residues are recycled, in the installation itself or outside it.

 

§ 3.

The ash, fly ash and other residues from incineration are kept separate to enable the most suitable form of processing.

 

§ 4.

Dry residues in the form of dust, for example boiler ash and dry residues from waste gas treatment, are transported and temporarily stored in the installation or on the site in such a way that dispersal into the environment is avoided, for example in closed containers or in a closed storage area intended for this purpose.

 

§ 5.

Ash, fly ash and other residues must be removed in a dust-proof way. The temperature of the ash, fly ash and other residues may not be higher than 60°C on leaving the installation.


[...].

Article 5.2.3bis.1.33.

§ 1.

Should measurements performed show that the emission limit values for discharging in the air have been exceeded, the operator immediately reports this to the supervisory authority. The operator of an incineration installation does not keep the installation operational if the emission limit values cannot be complied with, and immediately takes the necessary measures to modify the installation so that all emission limit values are complied with, or puts the installation out of operation. The operator of a co-incineration installation does not continue co-incinerating if the emission limit values cannot be complied with, and immediately takes the necessary measures to modify the installation so that all emission limit values are complied with, or puts the installation out of operation.

 

§ 2.

If the measurement result of the continuous sampling of dioxins and furans [...] exceeds the threshold value of 0.1 ng TEQ/Nm³:

 

the operator informs the supervisory authority of this immediately

the operator immediately takes the necessary measures to reduce the dioxin emissions;

the operator has a measurement performed over a sampling period of at least six hours and at most eight hours according to standard NBN EN 1948 as soon as possible.

The supervisory authority is informed of the measures taken as soon as possible by means of a report, and can impose supplementary point measurements as appropriate.

 

§ 3.

Without prejudice to the provisions of §4, and by way of derogation from the provisions of §1, the operator stops any exceeding of the emission limit value for dioxins and furans with the incineration of waste materials, and this at the latest 48 hours after becoming aware of the measurement results.

 

The restarting of the incineration of waste materials is only possible with the permission of the supervisory authority. Within ten days of restarting operations, over three consecutive days the operator has measurements performed of dioxins and furans in the waste gases over a sampling period of at least six hours and at most eight hours according to standard NBN EN 1948, and provides the results of this to the supervisory authority within fourteen calendar days.

 

§ 4.

At the operator's request, the supervisory authority can grant permission to derogate from the provisions of § 3. This permission may only be granted if the operator demonstrates that necessary and sufficient measures have been taken or are immediately being taken to limit emissions to a concentration that is lower than the emission limit value. The supervisory authority will assess the measures on-site. In this case, within one month and over three consecutive days the operator has measurements of dioxins and furans in the waste gases performed over a sampling period of at least six hours and at most eight hours according to standard NBN EN 1948 to confirm the effectiveness of the measures taken. The results are submitted to the supervisory authority within fourteen days.


[...].

Article 5.2.3bis.1.34.

§ 1.

In the case of technically unavoidable shutdowns, malfunctions or faults in waste gas cleaning installations, over at most four hours the concentrations of the pollutants emitted into the air may exceed the specified emission limit values. Incineration or co-incineration installations may under no circumstances proceed with the incineration of waste materials for longer than four consecutive hours. Moreover, the total duration in which incineration or co-incineration installations operate in such circumstances during one year must be less than 60 hours. This period of 60 hours applies to those lines of the whole incineration or co-incineration installation that are connected to one single waste gas cleaning installation.

 

§ 2.

In this case the total dust level of emissions into the air from an incineration installation may under no circumstances exceed a half-hourly average of 150 mg/Nm³. Nor may the emission limit values for CO and TOC in the air be exceeded. All other conditions regarding incineration must also be complied with.

 

§ 3.

In the case of another fault, the operator must reduce operation (incineration) as soon as practicable, or shut down the furnace until normal operation is again possible. At installations where not only waste materials are incinerated, the incineration of waste materials as an addition is discontinued.


[...].

Article 5.2.3bis.1.35.

§ 1.

Each calendar year the operator draws up a technical report detailing the incineration and co-incineration activities over the past year. To compile this report the operator can make use of other documents that must be submitted to the competent authority.

 

§ 2.

The technical report includes:

 

the nature, origin and quantities of the delivered waste materials;

a graphic representation of the course of emissions of water and air with the measurement results before and after the deduction of the reliability interval, and that regarding the emission limit values;

an overview of the operation of the installation (hours of operation, downtime for maintenance, emergency stops, malfunctions in the waste gas cleaning installation) and the fixed emission measuring equipment;

if relevant, the energetic performance of the installation mentioning the quantity of heat that was recovered or the quantity of electricity that was generated.

 

§ 3.

Each calendar year the operator also draws up a non-technical report that gives a brief account of the information in the technical report in terms understandable by the general public.

 

§ 4.

The reports meant in paragraph 1 and paragraph 3 are submitted to the supervisory authority and to the Public Waste Agency of Flanders at the latest by 1 April of the year after the calendar year to which they relate. A copy of the reports is also sent to the municipal council concerned [...].


Article 5.2.3bis.1.36. Translation not available

[...].

[...]


Article 5.2.3bis.1.37. [...]

Subsection 5.2.3bis.2.
Conditions for experimental incineration and co-incineration installations


Article 5.2.3bis.2.1. These conditions apply to establishments classified according to section 2.3.4.3 of the classification list.

Article 5.2.3bis.2.2. The date and the nature of each experiment must be reported to the supervisory authority at least one week in advance.

Article 5.2.3bis.2.3. Translation not available

Subsection 5.2.3bis.3.
Conditions for animal crematoria


Article 5.2.3bis.3.1. Without prejudice to the Animal By-products Regulation and its implementing Regulation (EU) No 142/2011, this subsection applies to the establishments meant in section 2.3.4.1, i) of the classification list.

Article 5.2.3bis.3.2. In conjunction with the delivery and receipt of cadavers, the operator of the installation takes all necessary precautionary measures to avoid or insofar as feasible limit any negative consequences for the environment, in particular the pollution of air, soil, surface water and groundwater, as well as odour nuisance and noise nuisance, and direct risks to public health.

Article 5.2.3bis.3.3.

§ 1.

Installations may under no circumstances accept livestock and poultry, not even if kept as pets.

 

§ 2.

The cadavers must be stored chilled. The cold storage area must be regularly cleaned and disinfected with a recognised disinfectant.

 

§ 3.

If possible the cadavers must be immediately placed in the furnace without being touched.


Article 5.2.3bis.3.4. By way of derogation from the general conditions for the processing of waste materials, no weighbridge is required.

Article 5.2.3bis.3.5.

§ 1.

The installations are designed, equipped, built and operated in such a way that, even in the most unfavourable circumstances, the gas generated during the process after the last supply of combustion air is heated in a controlled and homogeneous way to a temperature of 850°C, measured for two seconds close to the inside wall or at another representative place in the combustion chamber approved by the supervisory authority.

 

§ 2.

Each installation from 50 kg/h must be fitted with at least one auxiliary burner. This burner must be activated automatically if the temperature of the combustion gases after the last supply of combustion air drops below 850°C. It must also be used when the installation is being started up or shut down to ensure that the temperature of 850°C is maintained throughout the activities in question as long as there is unburned material in the combustion chamber.

 

§ 3.

Installations from 50 kg/h must have and use an automatic system to prevent cadavers being supplied:

 

a)

when starting up before the required incinerating temperature of 850°C is reached; and

b)

when the required incinerating temperature of 850°C is not maintained.


Article 5.2.3bis.3.6. Translation not available

Article 5.2.3bis.3.7.

§ 1.

Each installation from 50kg/h must have and use temperature measuring equipment.

 

§ 2.

The competent authority checks if all automatic monitoring equipment is appropriately installed and in working order. [...] 


Article 5.2.3bis.3.8.

§ 1.

Each animal crematorium complies with the following conditions when operating. The emission limit values relate to a reference oxygen level of 11%:

the following emission limit values apply to the discharged waste gases:

Dust

Emission limit value in mg/Nm³

total dust

30

sulphur dioxide

300

NOx, expressed as NO2

400

 

The concentration of these substances in the waste gases is measured at least annually by a recognised laboratory in the discipline of air as specified in Article 6, 5°, b) of VLAREL;

during normal operation, no precipitation of water drops from the waste gases may occur in the surrounding area; 

the following emission limit value for dioxins and furans applies:

Emission limit value in ng TEQ/Nm³

dioxins and furans

0.1

 

The average values are determined over a sampling period of at least six hours and at most eight hours. The emission limit value relates to the total concentration of dioxins and furans calculated using the concept of "toxic equivalence".

 

The mass concentration of dioxins and furans is measured at least every two years according to the requirements of the standard NBN EN 1948 by a recognised laboratory in the discipline of air as specified in Article 6, 5°, b) of VLAREL.

 

Each measured emission value of dioxins and furans must meet the emission limit value set, allowance made for the accuracy specified to in Article 4.4.4.2, §5.



 

§ 2.

Should the measurements taken show that one or more emission limit values have been exceeded, the operator reports this immediately to the supervisor and take the necessary measures to comply with the emission limit values.

 

§ 3.

All measurement results are recorded and presented in an appropriate manner.


Subsection 5.2.3bis.4.
Conditions for incineration and co-incineration installations for biomass waste


Article 5.2.3bis.4.1.

This section applies to the establishments as specified in sections 2.3.4.1, a) and 2.3.4.2, a) of the classification list.

 

The conditions of subsection 5.2.3bis.1 apply if the energy released during incineration is not recovered.


Article 5.2.3bis.4.2. Upon the delivery and receipt of waste materials, the operator of the incineration or co-incineration installation takes all necessary precautionary measures to prevent or insofar as feasible limit all harmful consequences for the environment, in particular the pollution of air, soil, surface water and groundwater as well as other negative environmental effects, odour nuisance and noise nuisance, and direct risks to public health.

Article 5.2.3bis.4.3. Translation not available

Article 5.2.3bis.4.4.

Before the waste materials are received at the incineration or co-incineration installation, the operator of the installation follows at least the following procedure for receipt:

check of the required documents;

check of conformity of the delivered waste materials with the written information.

 

If relevant, the waste materials are sampled and analysed in a representative manner to this end. The parameters to be analysed are so determined that a conclusive check of conformity is ensured. The samples taken are then kept for at least one month after incineration.


Article 5.2.3bis.4.5.

The operator establishes the mass of each waste category per load, and if possible the category in accordance with the waste materials list specified in appendix 2.1 of the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials before the waste is received by the incineration or co-incineration installation.

 

For installations and establishments where only biomass waste produced by the company itself is incinerated or co-incinerated at the place where the waste was produced, the first paragraph and Article 5.2.3bis.4.4 are not applicable.


Article 5.2.3bis.4.6.

The locations of incineration and co-incineration installations, with the associated sites for the storage of biomass waste, are designed and operated in such a way that the unlawful and accidental release of pollutants into soil, surface water and groundwater is prevented.

 

The storage area for the supplied waste materials is protected to such an extent that accidents during the unloading of the waste materials are avoided.


Article 5.2.3bis.4.7. Translation not available

Article 5.2.3bis.4.8.

§ 1.

In case of doubt between "non-polluted treated" and "polluted treated" wood waste, the following table of guide values for potential pollutants applies. This table contains A values and B values for possibly present pollutants in the form of heavy metals and halogenated organic compounds, as follows:

 

 Composition conditions in mg/kg DS

Pollutant

A

B

Arsenic and arsenic compounds, expressed as arsenic (As)

2

4

Copper and copper compounds, expressed as copper (Cu)

20

40

Lead and lead compounds, expressed as lead (Pb)

90

180

Chromium and chromium compounds, expressed as chromium (Cr)

30

60

Fluorine and fluorine compounds, expressed as fluorine (F)

30

60

Chlorine and chlorine compounds, expressed as chlorine (Cl)

600

1200

Pentachlorophenol

3

6

Benzo[a]pyrene

0.5

1

 

The conditions for determining whether these composition conditions are met are set in paragraph 6.

 

§ 2.

For incineration and co-incineration installations in which non-polluted treated wood waste is incinerated, on the initiative and at the expense of the operator analyses of at least the parameters specified in paragraph 1 are performed on the treated wood waste to be incinerated: 

for installations with a total nominal thermal input power up to and including 5 MW:

a)

annual sampling and analysis of the incineration of treated wood waste, originating from the installation's own production of wood materials; 

b)

quarterly sampling and analysis of the incineration of treated wood waste originating from third parties;

for installations with a total nominal thermal input power of over 5 MW:

a)

six-monthly sampling and analysis of the incineration of treated wood waste, originating from the installation's own production of wood materials;

b)

quarterly sampling and analysis of the incineration of treated wood waste originating from third parties;

 

§ 3.

The sampling must take place per waste material flow that is incinerated. If the waste materials to be incinerated are supplied under the same Eural code by different suppliers, the sampling of the waste material flow must take place per supplier. No analyses are required for fractions of untreated wood waste or purely mechanically-treated wood waste.

 

§ 4.

Analyses of wood waste can also be provided by suppliers of the wood waste to be incinerated, or suppliers of materials from which the wood waste to be incinerated is produced. These analyses are delivered at the frequency specified in paragraph 2. Analyses from suppliers of wood materials are not accepted if the operator is to perform further processes on the wood that may cause pollution.

 

§ 5.

The sampling and analysis of the wood waste are carried out by a recognised laboratory in the discipline of waste materials and other materials specified in Article 6, 5°, e) of VLAREL.

 

All analysis results are kept available for perusal by the supervisor.

 

§ 6.

The composition conditions specified in paragraph 1 are complied with if per waste material flow and per supplier:

 

during the annual sampling, none of the concentrations specified in column B is exceeded;

during six-monthly sampling, none of the concentrations specified in column B is exceeded, and per calendar year at least one of the two measurements meets the concentrations in column A;

during quarterly sampling, none of the concentrations specified in column B is exceeded, and per calendar year at least three of the four measurements meet the concentrations in column A;

during more than four measurements a year, none of the concentrations specified in column B is exceeded, and per calendar year at least 80% of the measurements meet the concentrations in column A.


Article 5.2.3bis.4.9.

The provisions of chapter 5.43 that apply to the incineration and co-incineration of biomass waste apply to incineration and co-incineration installations for biomass waste.

 

The provisions specified in chapter 5.43 that apply to the incineration and co-incineration of biomass waste and which have been set for installations with a total nominal thermal input power of 0.3 up to and including 1 MW apply to installations with a total nominal thermal input power of less than 0.3 MW.


Article 5.2.3bis.4.10. Translation not available

Article 5.2.3bis.4.11.

§ 1.

In the case of directly heated wood chip dryers, by way of derogation from and excluding all general emission limit values as stated in chapter 4.4 and by way of derogation from the sectoral emission limit values stated in Article 5.2.3bis.4.9 and Article 5.2.3bis.4.10, the emission limit values specified in Article 5.19.1.4, §3 apply.

 

§ 2.

In the case of directly heated wood chip dryers, by way of derogation from and excluding all general measurement frequencies as stipulated in chapter 4.4 and by way of derogation from the sectoral measurement frequencies as specified in Article 5.2.3bis.4.10, the measurement frequencies as specified in Article 5.19.1.4, §7 apply.

 

§ 3.

By way of derogation from Article 5.2.3bis.4.10, for directly heated wood chip dryers chapter 4.4 applies to the measuring method and the assessment of the measuring results.


Article 5.2.3bis.4.12. If, at incineration or co-incineration installations for biomass waste, it appears from the measurements that one or more emission limit values has/have been exceeded, the operator reports this immediately to the supervisor stating the measures that will be taken to comply with the emission limit values as soon as possible.

Article 5.2.3bis.4.13. The heat created by incineration or co-incineration is applied for useful purposes to the greatest possible extent according to the best available techniques.

Article 5.2.3bis.4.14.

The ash, fly ash and other residues from incineration are kept separate to allow the most suitable processing method possible, taking into account the hierarchy relating to the processing of waste materials specified in Article 4.1.6.2.

 

The removal of ash, fly ash and other residues must take place in a dust-proof way.


Section 5.2.4.
Landfills for the deposition of waste materials into or onto soil


Article 5.2.4.0.1. The section applies to the establishments meant in section 2.3.6 and section 2.4.4 of the classification list.

Article 5.2.4.0.2. Cost of the landfilling of waste

The operator shall ensure that at least the following costs are charged for the landfilling of waste materials at the landfill site:

 

-

All expenses related to the setting up and operation of the establishment

-

The costs related to the provision of the financial security

-

The costs related to the closure of the establishment and the after-care


Article 5.2.4.0.3. Transitional provisions

 

Temporary provisions dated 1 June 1995 (to be read in conjunction with the text of the order of the Government of Flanders of 1 June 1995, Belgian Official Gazette: 31 July 1995).

By way of derogation from that which is specified in Article 3.2.1.2., for existing landfills the following temporary provisions hold:

 

as of 1 January 1997 the prohibitions of Article 5.2.4.1.2. and the acceptance criteria of Article 5.2.4.1.3.§ 3. and of Article 5.2.4.1.4.§ 2. for waste materials deposited in landfills hold for all existing landfills;

 

from 1 January 1996 the provisions related to the period of after-care and the after-care activities in landfills (Article 5.2.4.4.6.) apply to all landfills that have not been fully completed on 31 December 1995.

 

for all existing landfills, the annual report concerning the landfill operations or after-care activity (Article 5.2.4.4.8.) is submitted for the first time 18 months after the date of enforcement of this order.

 

Temporary provisions within the framework of the implementation of European Directive 1999/31/EC of 26 April 1999 concerning the disposal of waste by landfill.

For landfills licensed before 16 July 2001 the following temporary provisions apply:

 

The conditions relating to setting up and infrastructure apply for landfills or sections of landfills that are established after 16 July 2001;

The conditions relating to the operation of the landfill site and the acceptance of waste at the landfill site, including the general provisions of section 5.2.1, become applicable for all existing landfills on the first day of the fourth month following the date of publication of this order in the Belgian Official Gazette;

The conditions relating to the closure procedures and after-care apply for those sections of the landfill that:

-

are established after 16 July 2001, or

-

are commissioned after publication of this order in the Belgian Official Gazette,

-

or have not been fully completed on 31 December 2005;

 

The operator draws up an adjustment plan.

This adjustment plan must contain the following information:

 

  • a check of the existing operating conditions against the provisions of section 5.2.1 (with the exception of Article 5.2.1.4) and section 5.2.4.
  • the corrective measures necessary to bring the existing operation into conformity with the new provisions of section 5.2.1 (with the exception of Article 5.2.1.4) and section 5.2.4.
  • a plan indicating the section of the landfill that will be completed according to the old conditions and the section that will be completed according to the new conditions.
  • a proposal for a financial security in accordance with the provisions of this section.

At the latest on 16 July 2002, four copies of this adjustment plan are submitted to the Provincial Executive of the province that has jurisdiction over the plots on which the landfill site is located.

The licensing authority sends one copy of the adjustment plan each to the Public Waste Agency of Flanders and the division competent for environmental licences with the request to provide an opinion, and one to the division competent for environmental enforcement with the request to draw up a report. These opinions and the report are given within two months.

The report from the division competent for environmental enforcement is contains an appraisal of the current operation, as well as a test of the current operation against the new provisions. The opinions of the Public Waste Agency of Flanders and the division competent for environmental licences includes an appraisal of the adjustment plan in its entirety as well as a proposal for the adaptation of the current licence.

The Provincial Executive seeks the opinion of the Provincial Environmental Licensing Committee about the adjustment plan.

The licensing authority decides on the adjustment plan within a period of four months. The operator, the Public Waste Agency of Flanders or the division competent for environmental licences can submit an appeal against the decision of the Provincial Executive to the Flemish Minister for the Environment within a period of thirty days commencing on the day after the service of the decision. Within the period of five months, the Flemish Minister delivers judgement on the appeal, after again having requested the opinion of the above-mentioned bodies and of the Regional Environmental Licensing Committee. A copy of the decision(s) about the adjustment plan is served on the operator, the Public Waste Agency of Flanders, the division competent for environmental enforcement, the division competent for environmental licences, and on the municipality concerned.

The licensing authority decides whether the operation can be continued on the basis of the adjustment plan. On the basis of the approved adjustment plan, the licensing authority authorises the necessary work and lays down a transitional period for the completion of the plan. This transitional period can run until at the latest 16 July 2009. The adjustment plan approved by the licensing authority ranks as an adaptation of the current licence, with the term of validity of the licence being maintained.

The landfills for which no permit to continue to operate is granted must be closed as soon as possible and at the latest by 31 December 2005, in accordance with the provisions relating to closure and after-care procedures in the earlier licence.

If the operator fails to submit an adjustment plan on time, the landfill site must be closed as soon as possible, and at the latest by 31 December 2005. In that case, the landfill site must be closed in accordance with the conditions imposed in the licence.

 

 

 

Transitory provisions regarding subsection 5.2.4.1 within the context of the implementation of European decision 2003/33/EC of 19 December 2002 for the establishment of criteria and procedures for the acceptance of waste at landfills in accordance with Article 16 and appendix II of Directive 1999/31/EC concerning the disposal of waste by landfill.

a)

)In accordance with Article 7 of European Decision 2003/33/EC, subsection 5.2.4.1 and appendix 5.2.4.1 come into force as of 16 July 2004, with the exception of the criteria of point B that come into force on 16 July 2005.

b

For existing and licensed landfills for which on 16 July 2005 a permit for further operation is granted in pursuance of the transitory provisions of point 2 of this Article, the following transitory provisions apply:

1)

the landfills licensed under the former subsection 2.3.6, a) as category 3 landfills remain for the period of the current licence licensed as such under the new subsection 2.3.6, a); the provisions of subsection 5.2.4.1 for landfills category 3 apply here;

2)

existing and licensed landfills for asbestos cement waste licensed as category 3 landfills remain licensed for the period of the current licence, divided into on the one hand under new subsection 2.3.6.c).3) as mono-landfill for asbestos-containing building material in which asbestos in bonded form is present and on the other hand under the new subsection 2.3.6.a).1) as landfills for inert waste;

3)

the landfills licensed under the former subsection 2.3.6, b) as category 2 landfills remain for the period of the current licence licensed as such under the new subsection 2.3.6, b); the provisions of subsection 5.2.4.1 for landfills category 2 apply here;

4)

the landfills licensed under the former subsection 2.3.6, c) as category 1 landfills remain for the period of the current licence licensed as divided into on the one hand a category 1 landfill and on the other hand a category 2 landfill under the new subsection 2.3.6, b); the provisions of subsection 5.2.4.1 for landfills category 1 and landfills category 2 apply here;

5)

for all existing licensed landfills, only waste materials or groups of waste materials may be accepted for which permission has been explicitly granted in the environmental licence;

6)

the operator of a landfill as meant in point 3) or 4) is obliged at the latest by 1 December 2006, by way of a minor amendment notification, to inform the authority issuing the licence under which category 2 and/or category 1 subcategories the existing landfill falls.


Subsection 5.2.4.1.
Waste materials acceptance at the landfill site


Article 5.2.4.1.1.

§ 1.

This subsection prescribes the uniform classification and the acceptance procedure for waste materials in accordance with the appendix to European Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills in accordance with Article 16 and annex II to EC Directive 1999/31/EC on the landfill of waste, as established by this subsection.

 

§ 2.

Point A of this subsection prescribes the procedure for the determining of the acceptability of waste materials on landfills. This procedure consists of the basic characterisation, a compliance test and on-site verification.

 

§ 3.

Point B of this subsection prescribes the obligatory acceptance for each landfill. Waste materials may only be accepted on a landfill if they meet the acceptance criteria of the landfill category in question.

 

§ 4.

Point C of this subsection gives an overview of the methods to be used for the sampling and testing of waste materials.


Article 5.2.4.1.2. Translation not available

A.
Procedure for the acceptance of waste on landfills

Article 5.2.4.1.3. Basic characterisation

Basic characterisation is the first stage in the acceptance procedure and entails the complete characterisation of the waste materials by the collection of all necessary information for the safe disposal of the waste materials in the long term. Basic characterisation is required for each type of waste material.

 

The requirements for this are:

Basic characterisation has the following functions:

a)

basic information on the waste materials (type and origin, composition, consistency, leachability and - if necessary and available - other characteristic properties);

b)

basic information to gain an understanding of waste materials behaviour in landfills and the treatment options as established in section 5.2.4 of this Order;

c)

assessment of waste materials using limit values;

d)

identification of the main variables (critical parameters) for performing the check test and options for simplifying this test (which should lead to a considerable reduction in the number of elements to be measured, but only after consulting the relevant information); characterisation can reveal relationships between basic characterisation and the results of simplified test procedures as well as the frequency of check tests.

 

If the basic characterisation of a waste material demonstrates that the substance meets the requirements of the criteria for a landfill category in point B of this subsection, the substance is considered acceptable for this landfill category. If the waste material does not meet the criteria, it is not acceptable for this landfill category.
The waste materials producer or the person responsible for their management is also responsible for ensuring that the characterisation information is correct.
The operator is required to keep the information archived for a period of 10 years.

The essential requirements for the basic characterisation of waste materials are as follows:

a)

source and origin of the waste materials;

b)

information on the process producing the waste materials (description and characteristics of raw materials and products);

c)

description of the waste treatment applied pursuant to section 5.2.4 of this Order or a statement of the reasons why such treatment is not considered necessary;

d)

data on the composition of the waste and leaching behaviour where relevant;

e)

appearance of the waste (odour, colour, physical form);

f)

code according to the European list of waste materials as included in appendix 2.1 of the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials;

g)

for dangerous wastes in case of mirror categories: the danger properties in question in accordance with annex III to Council Directive 91/689/EC of 12 December 1991 on dangerous waste materials, as specified in section 4.1 of the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials;

h)

information proving that the waste materials do not fall under the exclusions given in Article 5.2.4.1.2;

i)

the category of landfill at which the waste can be accepted;

j)

additional precautions to be taken at the landfill site if necessary;

k)

a check to see if the waste materials can be recycled or recovered.

In general, a waste material must be tested to obtain the information specified in 2°. Aside from leaching behaviour, the composition of the waste material must be known or ascertained through testing. The tests used for basic characterisation must be the same as those used for monitoring.
The content of the characterisation, the extent of laboratory testing required and the relationship between basic characterisation and compliance check depend on the type of waste. A distinction can be made between:

a)

Waste that is regularly generated in the same process.
This concerns a single waste material with a constant composition that is regularly generated during the same process where:

t)

the installation and the process generating the waste materials are sufficiently known, and the base material for the process and the process itself are exactly described;

u)

the operator of the installation provides all the necessary information and informs the operator of the landfill of any changes to the process (in particular changes in the base material).
The process will often take place in the same installation. The waste materials can also originate from different installations if it can be established that this concerns one single waste material flow with common characteristics within known limits (for example bottom ash originating from the incineration of household waste).
For these waste materials the basic characterisation will consist of the essential requirements meant in 2° and in particular the following:

1)

dispersal in the composition of the separate waste materials;

2)

dispersal and variability of characteristic properties;

3)

if necessary, the leachability of the waste materials as determined by means of a shaking test and/or a column test and/or a pH-dependence test;

4)

most important variables that must be regularly tested.
If the waste production has taken place during the same process at different installations, information must be provided about the scope of the evaluation. The number of measurements must as a result be high enough to demonstrate the dispersal and variability of the characteristic properties. The waste can then be considered as characterised, and is then only tested by way of a check unless important changes occur in the generation processes.
For waste materials originating from the same process in the same installation, the results of the measurements may only show small variations in the properties of the waste materials in comparison with the applicable limit values. The waste can then be considered as characterised, and is then only tested by way of a check unless important changes occur in the generation processes.
The properties of waste originating from installations for the bulking or mixing of waste, waste transfer stations or mixed waste material flows originating from waste collection points can show signs of considerable variations. Account must be taken of this when considering the basic characterisation. This waste can fall under case b).

b)

Waste not regularly generated.
This concerns waste materials not regularly generated during the same process in the same installation and that form no part of a characterised waste material flow. Characterisation is required for each batch of such waste. Basic characterisation must involve the essential requirements used in this characterisation. Since every consignment of waste must be characterised, there is no need to carry out check tests.

The characterisation specified under a) and b) will provide information that can be directly compared to acceptance criteria for the landfill category in question, and descriptive information can also be provided (for example the consequences of landfilling this waste together with household waste).

Basic characterisation tests are not required in the following cases:

a)

the waste materials are on a list of substances for which no tests are required, as determined in point B;

b)

all necessary information for the basic characterisation is known and appropriately explained to the satisfaction of the Public Waste Agency of Flanders;

c)

certain types of waste for which testing is impracticable or appropriate test procedures and acceptance criteria are absent. This must be explained and documented with a description of the reasons why the waste is considered acceptable for this landfill category.


Article 5.2.4.1.4. Compliance testing

§ 1.

When on the basis of a basic characterisation in accordance with point A waste is considered acceptable for a landfill category, the waste must then be subjected to compliance tests to determine if the waste is in conformity with the results of the basic characterisation and the applicable acceptance criteria contained in point B.

 

§ 2.

Compliance tests have as their purpose the periodic testing of regularly generated waste flows.

 

The applicable parameters to be tested are determined during the basic characterisation. The parameters must be related to the information obtained from this characterisation; only a check of critical parameters (most important variables) is required, as determined during the basic characterisation. The test must demonstrate that the waste meets the limit values for the critical parameters.

 

Tests used for compliance testing must form part of the of the basic characterisation tests. At least a shaking test must form part of the compliance tests. The methods specified in point C must be used.

 

§ 3.

Waste that in accordance with Article 5.2.4.1.3, 4° a) and c) is exempt from the tests for basic characterisation is also exempt from compliance tests. It must, however, be checked if this waste is in conformity with the information for the basic characterisation that is not related to the tests.

 

Compliance tests must take place at least annually, and the operator must in any event ensure that the conducting of this testing takes place with a scope and frequency determined on the basis of the basic characterisation.

 

§ 4.

The test results must be retained for a period of 10 years.


Article 5.2.4.1.5. On-site verification

§ 1.

Each waste load arriving at a landfill is visually inspected before and after unloading. The required documentation is also checked.

 

For waste deposited by the producer of the waste at a landfill under his/her management, this verification may take place at the point of sending.

 

§ 2.

The waste may be accepted at the landfill if it is the same waste as subjected to the basic characterisation and compliance tests and is described in the associated documents. If this condition is not met, it is not permissible for the waste to be accepted.

 

The test requirements for on-site verification are established in point B.

 

§ 3.

Samples are periodically taken upon delivery of the waste. These samples are stored for a period of one month after acceptance of the waste.


B.
Waste materials acceptance criteria

Article 5.2.4.1.6. Waste materials acceptance criteria

§ 1.

This point B describes the criteria for the acceptance of waste in each landfill category, including the criteria for underground storage sites.

 

§ 2.

In certain cases there are a maximum of three times higher limit values for specific parameters specified in this point

 

(except dissolved organic carbon (DOC) in Article 5.2.4.1.7, § 4, 1°, Article 5.2.4.1.8, § 5, Article 5.2.4.1.9, § 3 and Article 5.2.4.1.10, § 4, BTEX, PCBs and mineral oil in Article 5.2.4.1.7, § 4, 2°, total organic carbon (TOC) and pH in Article 5.2.4.1.9, § 4 and weight loss through ignition ("Loss on Ignition" "LOI") and/or TOC in Article 5.2.4.1.10, § 5, and with the restriction of the possible increasing of the limit value for TOC in Article 5.2.4.1.7, § 4, 2° to twice the limit value) are acceptable if:

this is determined in the waste-specific permit for the receiving landfill, where account is taken of the properties of the landfill and its environment, and

the emissions (including leachate) of the landfill, taking into account the limit values specified in this point for the specific parameters, based on a risk analysis, comprise no extra risk to the environment,


Article 5.2.4.1.7. Criteria for landfill sites for inert waste materials

Translation not available

Article 5.2.4.1.8. Criteria for mono-landfills for non-dangerous waste materials

Translation not available

Article 5.2.4.1.9. Criteria for dangerous waste acceptable at landfills for non-dangerous waste

Translation not available

Article 5.2.4.1.10. Criteria relating to waste acceptable at landfills for dangerous waste materials

Translation not available

Article 5.2.4.1.11. Criteria for underground storage sites

For the acceptance of waste materials in underground storage sites, a safety assessment of each specific storage location must take place as defined in appendix 5.2.4.1 to this order. Waste materials acceptance is only allowed in accordance with the specific safety assessment.

 

At underground storage sites for inert waste materials, acceptance is only allowed of waste materials which meet the criteria specified in Article 5.2.4.1.7.

 

At underground storage sites for non-dangerous waste materials, acceptance is only allowed of waste materials which meet the criteria specified in Article 5.2.4.1.8. and 5.2.4.1.9.

 

At underground storage sites for dangerous waste materials, acceptance is only allowed of waste materials that are in accordance with the safety assessment for these specific storage sites. In this case the criteria specified in Article 5.2.4.1.10 are not applicable. However, the waste materials must be subjected to the acceptance procedure described in part A.


Article 5.2.4.1.11/1. Criteria for the temporary storage of metallic mercury for more than one year

§ 1. Composition of the mercury

Metallic mercury must meet the following specifications: 

the mercury content is greater than 99.9 per cent by weight;

it does not contain any impurities that could corrode carbon steel or stainless steel, such as nitric acid solution and chloride solutions.

 

 

§ 2. Casing

Drums used for the storage of metallic mercury are corrosion-resistant and shock-resistant. Welds are therefore avoided. In particular, therefore, the drums must meet the following requirements:

 

the material of the drum is carbon steel (at least ASTM A36) or stainless steel (AISI 304, 316L);

the drums are gas- and liquid-tight; 

the outside of the drum can withstand the storage conditions;

the design type of the drum must pass the drop test and leak-tightness test described in chapter 6.1.5.3 and 6.1.5.4 of the UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria.

 

The degree of filling of the drum is at most 80 per cent by volume, so that there is sufficient space available and no leaks or permanent deformation of the drum can occur as a result of expansion of the liquid due to high temperatures.

 

§ 3. Acceptance procedures

Only drums with a certificate that meets the conditions laid down in paragraph 4 may be accepted.

 

The acceptance procedures must meet the following conditions:

only metallic mercury that meets the minimum criteria for acceptance as specified in paragraph 1 may be accepted;

the drums undergo a visual inspection prior to storage. Damaged, leaking or corroded drums may not be accepted;

the drums have a durable stamp, made by punching, mentioning the identification number of the drum, the construction material, the empty weight, the manufacturer's reference and the date of manufacture;

the drums bear a plate, which is permanently attached to the drum and which gives the identification number of the certificate.

 

§ 4. Certificate

The certificate as specified in paragraph 3 includes the following information:

 

the name and address of the waste producer; 

the name and address of the person responsible for filling;

the place and date of filling;

the quantity of mercury;

the purity of the mercury and, if relevant, a description of the impurities, including the analysis report;

confirmation that the drums are used exclusively for the transport or storage of mercury; 

the identification numbers of the drums;

any specific observations.

 

The certificates are issued by the producer of the waste or, failing this, by the person responsible for its management.


C.
Sampling and test methods

Article 5.2.4.1.12.

§ 1.

The sampling and testing activities for basic characterisation and the check test are carried out by independent and qualified persons and establishments. Laboratories must have demonstrable experience in the testing and analysis of waste materials and an efficient system for quality assurance.

 

The sampling activities can therefore be carried out at the operator's expense, either by the operator with equipment and according to a method that has been approved by a laboratory recognised in the discipline of waste materials and other materials as specified in Article 6, 5°, e), of VLAREL, or by the above-mentioned environmental expert himself/herself provided that the objectives described in this subsection are achieved.

 

The testing activities can therefore also be carried out at the operator's expense, either by the operator with equipment and according to a method that has been approved by a recognised lab in the discipline of waste materials and other materials as specified in Article 6, 5°, e), of VLAREL, or by the above-mentioned environmental expert himself/herself provided that a suitable system for quality assurance with periodic independent inspection is in place.

 

§ 2.

The following methods are used:

 

for the sampling of waste materials - for basic characterisation, compliance tests and on-site verification - a sampling plan is developed in accordance with part 1 of the sampling standard currently being drawn up by the CEN;

general properties of waste materials;

leaching tests;

digestion of waste materials;

analysis.

This list will be amended when more CEN standards are available.

 

For tests and analyses for which CEN methods are not (or not yet) available, the methods used must be in accordance with a code of good practice.


Subsection 5.2.4.2.
Work plan


Article 5.2.4.2.1.

§ 1.

The general work plan for landfills shall also provide the following additional information, depending on the type of landfill:

  1. division of the available landfill area into cells;
  2. the order in time and space of the filling with normal waste deliveries and the routines to be followed when abnormally large quantities of waste are delivered;
  3. the method of filling and sealing;
  4. the thickness of the layers of waste for the application of the intermediary and final covers;
  5. the length of the working face;
  6. organisation of the supply and storage of covering materials;
  7. the drainage plan comprising the scheme and organisation of measures relating to the treatment of leachate water;
  8. the layout, dimensions and operating cycle of the leachate treatment installation, with a view to compliance with the effluent standards imposed;
  9. the measures to ensure the stability of the deposited waste, cover materials and top soil cover;
  10. the gas drainage plan comprising the scheme and organisation of measures relating to treatment of the released landfill gas;
  11. the drainage plan for the landfill site, detailing the outline and the organisation of the measures related to the drainage of excess water;
  12. the monitoring and checking plan

 

§ 2.

The work plan must have the approval of the supervisory authority. The approved work plan is monitored by the supervisor.


Subsection 5.2.4.3.
Design and infrastructure of the landfill site


Article 5.2.4.3.1.

§ 1.

The location and design of a landfill site must meet the necessary conditions to avoid pollution of the soil, groundwater or surface water, as well as the conditions by which effective collection of leachate is ensured in the instances and according to the conditions set out below. Protection of soil, groundwater and surface water must be achieved by the combination of a geological barrier and a bottom liner during the operation phase and by the combination of a geological barrier and an isolating cover layer during the after-care phase/post closure. The geological barrier is determined by geological and hydrogeological conditions below and in the vicinity of a landfill site providing sufficient retention capacity to prevent a potential risk to soil and groundwater.

 

§ 2.

The disposal of waste by landfill can only be started after the supervisory authority has inspected the site and is satisfied that it meets the conditions in question of the licence. The above-mentioned observations are set down in writing in the official report providing for the acceptance of the landfill site and the explicit permission to commence landfill activities. This does not reduce in any way the responsibility of the operator under the conditions of the permit.


Article 5.2.4.3.2. [...]

Article 5.2.4.3.3. Translation not available

Article 5.2.4.3.4.

§ 1.

In accordance with the results of the hydrogeological study and the stability study, for category 3 landfills, before the design of the landfill begins, a layout plan is drawn up by an expert accepted by the supervisory authority and submitted to the supervisory authority for approval. The layout plan of the landfill site comprises:

  • filling, levelling and profile plan;
  • for raised landfills: construction of the landfill embankments (dimensions and materials used);
  • construction and implementation of the base layer and protective layers (materials used);

 

§ 2.

The following preparatory infrastructure works are carried out successively, in accordance with the approved work plan:

  1. preparatory earthworks;
  2. if not naturally present: the installation of the sealing layer
  3. for raised landfills: the construction of the landfill embankments

These works are carried out under the supervision of an expert recognised by the supervisory authority. Upon completion, this expert writes up a report verifying the conformance of the works with the approved installation plan. This report is sent to the supervisory authority. The final approval of the setting up of the landfill is included in the official report, as meant in Article 5.2.4.3.1 § 2.

 

§ 3.

The preparatory earthwork comprises the cleaning, levelling, profiling and the compacting of the site in accordance with the approved work plan.

 

§ 4.

The liner

The liner comprises a geological barrier. The landfill base and sides must consist of a mineral layer which meets permeability and thickness requirements with a combined effect in terms of protection (K) of soil, groundwater and surface water at least equivalent to the one resulting from a 1 metre-thick aquiclude and with a K value less than or equal to 1.0 × 10-7 m/s;

The homogeneous aquiclude meant above may be an in situ natural layer if the geological circumstances at the site offers sufficient guarantees as regards impermeability. The applicant provides sufficient proof of impermeability and such proof must first be accepted by the supervisory authority. In any event the natural conditions must offer sufficient guarantees that any pollution of soil or groundwater as a result of leachate seeping out is prevented;

Where the geological barrier does not naturally meet the above conditions it can be completed artificially and reinforced by other means giving equivalent protection. A geological barrier created by artificial means must be at least 0.5 metres thick.

 

§ 5.

In the case of heaped landfills, the entire landfill site is enclosed by embankments. These landfill embankments are of sufficient width and height. The embankment body is made up of homogeneous material that has been sufficiently compacted. The embankments are constructed in accordance with to the progress of the landfill activities as indicated in the approved work plan. The outer slope of the embankment is sown with grass.


Article 5.2.4.3.5. Temporary storage of metallic mercury

The following conditions apply to the temporary storage of metallic mercury for more than one year:

 

metallic mercury is stored separately from other waste;

the drums are stored in reservoirs that are coated in such a way that they are free from cracks and holes and do not allow any metallic mercury through, and which are of sufficient capacity for the quantity of mercury being stored;

The storage location is provided with artificial or natural barriers that are capable of protecting the environment from mercury emissions and the capacity of which is sufficient for the total quantity of mercury being stored;

the floors of the storage location are covered with a mercury-resistant sealing product. There is a sloping surface with a cistern present;

the storage location is equipped with a fire protection system;

the storage is organised in such a way that all drums are easily accessible.


Subsection 5.2.4.4.
Operation


Article 5.2.4.4.1. Translation not available

Article 5.2.4.4.2. Translation not available

Article 5.2.4.4.3.

§ 1.

At a category 3 landfill, the separating or sorting of waste materials can be allowed by the supervisory authority. The supervisory authority's guidelines are included in the work plan in writing.

 

§ 2.

The sorted or separated waste materials are stored in an orderly and safe manner on designated floor surfaces or in containers, insofar as this does not give rise to nuisance.


Article 5.2.4.4.4.

§ 1.

At category 1 and 2 landfills, each landfill layer is covered with an intermediate cover layer at least 0.2 m thick to prevent litter and dust and odour pollution.

 

At the end of the working day all deposited waste materials are covered with an intermediary cover that is at least 0.2 metres thick. Substances causing unpleasant odours are covered without delay.

 

If subsidence, cracks, slides, holes, or places where the waste is not covered appear, these are covered with intermediary cover material on the day they are discovered.

 

§ 2.

For the intermediary cover, use is preferably made of waste materials that meet the objectives set in § 1 and that are allowed at the landfill. If such waste materials are not available, soil materials are used. The use of waste materials as intermediary cover is specified in the work plan. At category 2 landfill sites, for an incomplete waste layer, the intermediary cover at the end of the working day may be replaced by an intense spreading of lime or by other measures specified in the work plan.

 

§ 3.

For the laying of the intermediary cover, the operator has an adapted earth-moving machine at his/her continuous disposal.

 

§ 4.

The storage of the material used for the intermediary cover layers may not cause nuisance.


Article 5.2.4.4.5. Translation not available

Article 5.2.4.4.6. Translation not available

Subsection 5.2.4.5.
Closure and after-care


Article 5.2.4.5.1. Translation not available

Article 5.2.4.5.2. Translation not available

Article 5.2.4.5.3. Translation not available

Article 5.2.4.5.4.

§ 1.

The after-care period for a category 1, 2 and 3 landfill site is at least 30 years. The after-care period commences on the date of the supervisor's official report recording the final closure of the landfill site. The licensing authority can extend the after-care period at the request of the supervisory authority or the Public Waste Agency of Flanders, or on the basis of the trend in groundwater quality, the behaviour of the landfill, settlement, leachate or landfill gas production, or other occurrences or events with a harmful effect on the environment.

 

§ 2.

The after-care activities consist of at least the following points:

  1. the upkeep and maintenance of the following infrastructure:
    • enclosure and entrance gates;
    • the roads at the closed site;
  1. management of the vegetation;
  2. a regular check of the state of the top covers, embankments and slopes with a view to looking for the occurrence of any settlement and erosion, including any repair works;
  3. preservation and maintenance of the drainage systems, including pumping off and purifying any leachate still produced;
  4. the upkeep, maintenance and operation of the degassing infrastructure, including the gas flare;
  5. preservation and maintenance of the groundwater monitoring wells including carrying out the checks and measurements specified in the licence;
  6. the annual reporting specified in the licence.

 

§ 3.

Before the completion of the final closure of the landfill site, the operator submits an after-care plan for approval. The after-care plan must include at least the following points:

  • a schedule for carrying out the checks and measurements imposed by the licence;
  • a work plan for the performance of the after-care activities specified under § 2 above.

 

§ 4.

The after-care plan is subject to approval by the Public Waste Agency of Flanders as regards all checks and measurements of groundwater, and by the supervisory authority as regards all other points.

 

§ 5.

The approved after-care plan is included in the official report in which the supervisor acknowledges definitive closure of the landfill.

 

§ 6.

The operator notifies the supervisory authority and the Public Waste Agency of Flanders of any significant adverse environmental effects revealed by the monitoring procedures and follows the decision of the competent authority on the nature and timing of the corrective measures to be taken. These measures, which are at the expense of the operator, are subject to approval by the Public Waste Agency of Flanders as regards groundwater, and by the supervisory authority as regards other aspects. If the operator fails to carry out the (modified or otherwise) measures or contract another party to carry them out within the term specified, the Public Waste Agency of Flanders can order that the measures meant be carried out at the operator's expense.


Subsection 5.2.4.6.
Checking and monitoring procedures in the operation and after-care phases


Article 5.2.4.6.1.

§ 1.

This subsection determines the minimum check procedures that must be carried out to verify:

-

that waste has been accepted for disposal in accordance with the criteria set for the category of landfill concerned;

-

that the processes within the landfill proceed as desired;

-

that the environmental protection systems are functioning fully as intended;

-

that the permit conditions for the landfill are met.



 

§ 2.

During the operational and after-care phases the operator of a landfill carries out a checking and monitoring programme as determined further below;;

 

§ 3.

The operator notifies the supervisory authority and the Public Waste Agency of Flanders of any significant adverse environmental effects revealed by the checking and monitoring procedures and follows the decision of the supervisory authority on the nature and timing of the corrective measures to be taken. These measures are undertaken at the expense of the operator.

 

§ 4.

The analyses within the framework of the checking and monitoring procedures are carried out by a recognised laboratory. If the operator has the analyses for the acceptance of the waste materials carried out under his/her own management, he/she must obtain an accreditation to do so.

 

The procedures, methods and equipment for the measurements of landfill gas, leachate and groundwater are approved by the supervisory authorities. The methods used for sampling and measuring are approved beforehand by a laboratory recognised in the matter, unless the sampling and measuring is carried out by such a laboratory recognised in the matter. The same applies for the location of the sampling or the measurement point. Gas checks must be representative for each section of the landfill. 


Article 5.2.4.6.2. water, leachate and gas checks

Sampling of leachate and surface water if present is collected at representative points. Sampling and measuring (volume and composition) of leachate is performed separately at each point at which leachate is discharged from the site. Monitoring of any surface water present is carried out at not less than two points, one upstream from the landfill site and one downstream.

 

Gas checks must be representative for each section of the landfill.

 

For leachate and water, a sample, representative of the average composition, is taken for monitoring.

 

For category 1 and 2 landfill sites, the leachate water is sampled according to the frequency given in the table below and analysed by a laboratory recognised in the discipline of water, sub-area waste water as specified in Article 6, 5°, a) of VLAREL. The discharge of treated leachate is sampled and analysed at least once a month. These checks (sampling and analysis) continue throughout the after-care period as long as the site is still producing leachate. The analyses to be made include at least the general quality parameters for groundwater (temperature, pH, conductivity, normal cations and anions), complemented by the relevant pollution parameters (heavy metals, organic substances) set down on the basis of the composition of the waste materials deposited. The list of parameters to be determined in the analyses is approved by the Public Waste Agency of Flanders.

 

At landfills where active degassing takes place, the composition of the landfill gas is determined according to the intervals given in the table below.

 

Operation

phase

After-care

phase

1.1 Leachate quantity

Monthly1, 3

Half-yearly3

1.2 Leachate composition 2

Quarterly 3

Half-yearly

1.3 Quantity and composition of the surface water7

Quarterly 3

Half-yearly

2.4 Potential gas emissions and atmospheric pressure 4 (CH4, CO2, O2, H2S, H2 enz…)

Monthly1, 5

Half-yearly6

 

———

Notes

 

(1) The frequency of sampling can be adjusted on the basis of the morphology of the landfill waste: in tumulus, buried, etc.

This must be specified in the licence.

 

(2) The parameters to be measured and the substances to be analysed vary according to the composition of the landfill waste. They are specified in the licence and reflect the leaching characteristics of the waste materials.

 

(3) If it appears from the evaluation of the data that longer intervals are equally effective, these intervals can be adjusted. The conductivity of leachates is measured at least once a year.

 

(4) These measurements are related mainly to the organic matter content of the waste materials.

 

(5) CH4, CO2, O2 are checked regularly, the other gases as required, depending on the composition of the landfill waste, the aim being to reflect the leaching characteristics.

 

(6) The efficiency of the gas collection system is checked regularly.

 

(7) On the basis of the characteristics of the deposit area, the competent body may determine that these measurements are not required.

 

With a view to drawing up a water balance, the following data are collected for category 1 and 2 landfills, either by making measurements at the landfill site itself or at the nearest meteorological station:

 

 

Operation phase

After-care phase

1.1 Precipitation

Daily

Daily values, added up to monthly values

1.2 Temperature min. max., 2 p.m. MET

Daily

Monthly average

1.3 Prevailing wind direction and force

Daily

Not required

1.4 Evaporation lysimeter (1)

Daily

Daily values, added up to monthly values

1.5 Atmospheric humidity 2 p.m. MET

Daily

Monthly average

(1) or using another appropriate method

 

 


Article 5.2.4.6.3. protection of groundwater

Translation not available

Article 5.2.4.6.4. Topography of the landfill site: data on the deposited mass

Each year the following data are collected:

 
 

 

Operation phase

After-care phase

1.1 Structure and composition of the deposited mass1 

Annually

 

1.2 Settling behaviour of the deposited mass 

annually

Annually

 

 

———

 

Notes

 

(1) Data on the status of the landfill in question: the surface area covered with waste, volume and composition of the waste, method of deposition, time and duration of the landfilling operations, calculation of remaining useful volume at the landfill


Article 5.2.4.6.5. Translation not available

Article 5.2.4.6.6. Specific conditions for the temporary storage of metallic mercury for more than one year

§ 1. Conditions relating to supervision, inspection and emergency situations

A permanent measuring system for mercury vapour with a sensitivity of at least 0.02 mg mercury/m³ is installed at the storage location. Sensors are set up at ground level and at head height. This system includes a visual and acoustic alarm mechanism. It is serviced annually.

 

The storage location and the drums are inspected visually at least once a month by a competent person. If leaks are found, the operator immediately takes the necessary steps to prevent any emission of mercury into the environment and to restore the safety of the mercury storage. Any leak is considered to have significant detrimental environmental effects, as specified in Article 5.2.4.6.1, §3.

 

Emergency plans and suitable protective equipment for handling metallic mercury are available at the location.

 

§ 2. Maintaining records

All documents that contain the information as specified in paragraph 1 and Article 5.2.4.1.11/1, including the certificate accompanying the drum, together with the records relating to the release and shipment of metallic mercury after its temporary storage and the destination and treatment performed, are kept for at least three years after the end of the storage period.


Subsection 5.2.4.7.
Financial guarantee


Article 5.2.4.7.1. Translation not available

Article 5.2.4.7.2.

 the Public Waste Agency of Flanders can lay claim to the financial security provided in the following manner:

 

At the reasoned request of the supervisory authority recording the non-compliance with the operating conditions or on the basis of its own observations, the Public Waste Agency of Flanders gives notice of default to the operator by registered letter. In the notice of default, the measures the operator is expected to take and also the term for their implementation are laid down. A copy of the notice of default is sent to the provider of the financial security by registered letter.

 

If the operator, within a period of one month, does not undertake in writing to carry out the measures requested to the letter, or if the operator afterwards does not strictly implement these measures, the Public Waste Agency of Flanders decides to take the necessary measures ex officio.

 

The decision to proceed to ex officio implementation of the measures is communicated by registered letter to the operator of the landfill, to the provider of the financial security and to the supervisory authority.

Before proceeding to the implementation of the necessary measures, the Public Waste Agency of Flanders presents the approved scheme (which includes a cost estimate, implementation and financing plans for the work) to the provider of the financial security. The provider of the financial security guarantees the payment of the invoices submitted by the Public Waste Agency of Flanders and is responsible for their payment.


Section 5.2.5.
MONO-LANDFILLS FOR DREDGING SPOIL ORIGINATING FROM SURFACE WATERS IN THE PUBLIC HYDROGRAPHIC NETWORK


Subsection 5.2.5.1.
General provisions


Article 5.2.5.1.1. Translation not available

Article 5.2.5.1.2.

The operator ensures that at least the following costs are charged for the landfilling of waste materials at the landfill site:

all costs associated with the installation and operation of the landfill;

the costs involved in providing a financial guarantee;

the costs relating to the closure of the site and its after-care.


Subsection 5.2.5.2.
Acceptance of dredging spoil at mono-landfill sites


Article 5.2.5.2.1.

The following dredging spoil may not be accepted at a mono-landfill:

dredging spoil that contains more than 0.1% acutely toxic organic substances of danger category 1 and 2 according to the CLP Regulation, expressed in anhydrous waste material;

[...]

all other types of dredging spoil which do not meet the prevailing acceptance criteria. It is prohibited to dilute or mix waste materials with the sole intent of meeting the acceptance criteria.

 

Without prejudice to the provisions of Regulation (EC) No 1102/2008 of the European Parliament and of the Council of 22 October 2008 on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury, dredging spoil that, expressed in a percentage of dry waste:

contains toxic inorganic substances in concentrations greater than the threshold value whereby preparations of them are given the symbol T+ or T on the basis of the substances' toxicological characteristics (R phrases 23, 24, 25, 26, 27, 28, 39 and 48) (Directive 1999/45/EEC of 31 May 1999),

or contains toxic inorganic substances in concentrations greater than the threshold value whereby mixtures of them are given the danger classes and categories acute toxicity, category 1, 2 or 3, specific target organ toxicity after one-time exposure category 1 or specific target organ toxicity with repeated exposure category 1 on the basis of the substances' toxicological characteristics (with danger labels H300, H301, H310, H311, H330, H331, H370, of H372) (Regulation (EC) No 1272/2008 of 16 December 2008), are only deposited in compliance with the following conditions:

a)

to limit the risks to man and the environment to a strict minimum and to meet current acceptance criteria, it may be necessary to pretreat the dredging spoil so that the toxic compounds present are converted into less toxic compounds as effectively as possible, whereby, however, the chemical form of the toxic metal obtained must be less leachable;

the dredging spoil is deposited in a category 1 landfill in salt cell conditions, so that zero emissions are achieved in every respect. This is understood as meaning that the dredging spoil is physically encased. More specifically, there may be no emissions whatsoever caused through handling the dredging spoil, through leachate or through the spread of dust or the like.


Article 5.2.5.2.2. Basic characterisation

Basic characterisation is the first step in the acceptance procedure and constitutes a full characterisation of the dredging spoil by gathering all the necessary information for safe disposal of the waste in the long term. Basic characterisation is required for each type of waste material.

 

The requirements for this are:

Basic characterisation has the following functions:

a)

basic information on the waste materials (type and origin, composition, consistency, leachability and - if necessary and available - other characteristic properties);

b)

basic information to gain an understanding of waste materials behaviour in landfills and the treatment options as established in section 5.2.4 of this Order;

c)

assessment of waste materials using limit values;

d)

identification of the main variables (critical parameters) for performing the check test and options for simplifying this test (which should lead to a considerable reduction in the number of elements to be measured, but only after consulting the relevant information); characterisation can reveal relationships between basic characterisation and the results of simplified test procedures as well as the frequency of check tests.

 

If the basic characterisation of a dredging spoil shows that the substance meets the criteria for a landfill category given in subsection 5.2.5.3, the substance is considered acceptable for this landfill category. If the waste material does not meet the criteria, it is not acceptable for this landfill category.

 

The waste materials producer or the person responsible for their management is also responsible for ensuring that the characterisation information is correct. The operator is required to keep the information archived for a period of 10 years.

The essential requirements for the basic characterisation of waste materials are as follows:

 

a)

source and origin of the waste materials;

 

b)

information on the process producing the waste materials (description and characteristics of raw materials and products);

 

c)

description of the waste treatment applied pursuant to section 5.2.4 of this Order or a statement of the reasons why such treatment is not considered necessary;

 

d)

data on the composition of the waste and leaching behaviour where relevant;

 

e)

appearance of the waste (odour, colour, physical form);

 

f)

code according to the European list of waste materials as specified in annex 2.1 of the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials;

 

g)

for dangerous wastes in case of mirror categories: the danger properties in question in accordance with annex III to Council Directive 91/689/EC of 12 December 1991 on dangerous waste, as specified in section 4.1 of the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials; 

 

h)

information proving that the waste materials do not fall under the exclusions given in Article 5.2.4.1.2;

 

i)

the category of landfill at which the waste can be accepted;

 

j)

additional precautions to be taken at the landfill site if necessary;

 

k)

a check to see if the waste materials can be recycled or recovered.

In general, a waste material must be tested to obtain the information specified in 2°. Aside from leaching behaviour, the composition of the waste material must be known or ascertained through testing. The tests used for basic characterisation must be the same as those used for monitoring. Characterisation is required for every consignment of dredging spoil. Basic characterisation must involve the essential requirements used in this characterisation. Since every consignment of waste must be characterised, there is no need to carry out check tests. These characterisations will yield information, which can be compared directly against the acceptance criteria for the landfill category in question and can also provide information of a descriptive nature. 

In the following cases, basic characterisation tests are not required: all the information required for basic characterisation is known and duly justified to the satisfaction of the Public Waste Agency of Flanders.


Article 5.2.5.2.3. On-site verification

§ 1.

A visual inspection must be made of every load of dredging spoil delivered to a landfill, both before and after unloading. The required documentation is also checked.

 

If the waste producer disposes of dredging spoil in a landfill which falls under his/her own management, this verification may be made at the point of dispatch.

 

§ 2.

The dredging spoil may be accepted at the landfill if it is the same as that on which the basic characterisation is founded and if it is described in the accompanying documentation. If this condition is not met, the dredging spoil may not be accepted.

 

§ 3.

Samples are periodically taken upon delivery of the waste. These samples are stored for a period of one month after acceptance of the waste.


Subsection 5.2.5.3.
Dredging spoil acceptance criteria


Article 5.2.5.3.1.

This subsection describes the criteria for accepting dredging spoil at all categories of landfill.

 

In some cases, a maximum of three times the limit value is tolerated for the specific parameters specified in this Subsection, on condition that the following two conditions are met:

this is stipulated in the waste-specific licence for the receiving landfill, which takes into account the characteristics of the landfill and its environment;

a risk analysis shows that emissions (including leachate) from the landfill, taking into account the limit values set in this section for these specific parameters, do not constitute an added risk to the environment.

 

The permission provided, of a maximum three times the limit values specified in the second paragraph, does not apply for:

Dissolved Organic Carbon (DOC) specified in Article 5.2.5.3.2, § 2, and in Article 5.2.5.3.3;

Total Organic Carbon (TOC), specified in Article 5.2.5.3.3;

pH, specified in Article 5.2.5.3.3;

Loss on Ignition (LOI), specified in Article 5.2.5.3.3.


Article 5.2.5.3.2. Criteria for mono-landfills for non-dangerous dredging spoil

Translation not available

Article 5.2.5.3.3. Criteria relating to dredging spoil acceptable at mono-landfills for hazardous dredging spoil

Translation not available

Subsection 5.2.5.4.
Work plan


Article 5.2.5.4.1.

The general operating plan for the mono-landfill must provide the following additional information:

installation plan of the landfill to include:

a)

filling, levelling and profile plan;

b)

construction and implementation of the drainage systems and protective layers (sizes and materials used);

c)

for raised landfills: construction of the landfill embankments (dimensions and materials used);

d)

construction and implementation of the base layer and protective layers (materials used);

division of the available landfill area into cells;

the filling sequence in terms of time and space during normal delivery of dredging spoil and the method used in times of abnormally large loads of dredging spoil;

the method of filling and sealing;

the thickness of the dredging spoil layer before application of intermediate cover and cap;

the length of the working face;

organisation of the supply and storage of covering materials;

the drainage plan comprising the scheme and organisation of measures relating to the treatment of leachate water;

the location and size of the leachate water treatment installation and the operating scheme by which the relevant discharge standards can be met;

10°

measures to ensure the stability of the landfilled dredging spoil, covering materials and soil cover;

11°

the gas drainage plan comprising the scheme and organisation of measures relating to treatment of the released landfill gas;

12°

the covering plan comprising the final profiles and construction and implementation of the sealing layer and cap;

13°

the drainage plan for the finished site.

 

The work plan must have the approval of the supervisory authority. The approved work plan is monitored by the supervisor.

 


Subsection 5.2.5.5.
Installation, infrastructure and completion of the landfill


Article 5.2.5.5.1. Translation not available

Article 5.2.5.5.2. Translation not available

Article 5.2.5.5.3. Translation not available

Article 5.2.5.5.4. Translation not available

Article 5.2.5.5.5. Translation not available

Subsection 5.2.5.6.
Operation, closure and after-care


Article 5.2.5.6.1. Translation not available

Article 5.2.5.6.2. Translation not available

Article 5.2.5.6.3.

§ 1.

In the case of a mono-landfill, the after-care period is at least 30 years. The after-care period commences on the date of the official report in which the supervisory authority acknowledges definitive closure of the mono-landfill. The licensing authority can extend the after-care period at the request of the supervisory authority or the Public Waste Agency of Flanders, or on the basis of the trend in groundwater quality, the behaviour of the landfill, settlement, leachate or landfill gas production, or other occurrences or events with a harmful effect on the environment.

 

§ 2.

The after-care activities involve at least the following points:

the upkeep and maintenance of the following infrastructure: the fencing and gates; the roads on the finished site;

management of the vegetation;

regular checks of the condition of the covering layers, embankments and slopes with a view to identifying settlement or erosion and carrying out any repairs if necessary;

preservation and maintenance of the drainage systems, including pumping off and purifying any leachate still produced;

preservation, maintenance and operation of the gas drainage infrastructure, including the flare stack;

preservation and maintenance of the groundwater monitoring wells including carrying out the checks and measurements specified in the licence;

the annual reporting specified in the licence.

 

 

§ 3.

During the process of final closure of the landfill, the operator submits an after-care plan for approval. The after-care plan must include at least the following points:

a schedule for carrying out the checks and measurements imposed by the licence;

a operating plan for the after-care activities specified in §2.

 

§ 4.

The after-care plan is subject to approval by the Public Waste Agency of Flanders as regards all checks and measurements of groundwater, and by the supervisory authority as regards all other points.

 

§ 5.

The approved after-care plan is included in the official report in which the supervisory authority acknowledges definitive closure of the landfill.

 

§ 6.

Should adverse environmental effects be discovered as a result of the after-care activities, the operator immediately informs the supervisory authority and the Public Waste Agency of Flanders of this. He/she also states the nature and timing of all corrective measures proposed. These measures, which are at the expense of the operator, are subject to approval by the Public Waste Agency of Flanders as regards groundwater, and by the supervisory authority as regards other aspects. The Public Waste Agency of Flanders can order that the proposed (and if applicable modified) measures be carried out at the operator's expense, should the operator fail to carry them out or contract another party to carry them out within the term specified.


Article 5.2.5.6.4. Water, leachate and gas checks

Sampling of leachate and surface water if present is collected at representative points. The leachate is sampled and measured (volume and composition) separately at each point where it leaks out of the landfill site. Any surface water present is checked at at least two points, one upstream and one downstream from the landfill site.

 

Gas checks must be representative for each section of the landfill.

 

For leachate and water, a sample, representative of the average composition, is taken for monitoring.

 

If leachate is collected, the leachate water is sampled according to the frequency given in the table below and analysed by a laboratory recognised in the discipline of water, sub-area waste water as specified in Article 6, 5°, a), 1) of VLAREL. The discharge of treated leachate is sampled and analysed at least once a month. These checks (sampling and analysis) continue throughout the after-care period as long as the site is still producing leachate. The analyses to be made include at least the general quality parameters for groundwater (temperature, pH, conductivity, normal cations and anions), complemented by the relevant pollution parameters (heavy metals, organic substances) set down on the basis of the composition of the waste materials deposited. The list of parameters to be determined in the analyses is approved by the Public Waste Agency of Flanders.

 

At landfills where active degassing takes place, the composition of the landfill gas is determined according to the intervals given in the table below.

 

operation phase

after-care phase

quantity of leachate

monthly(1), (3)

half-yearly(3)

leachate composition(2)

quarterly(3)

half-yearly

quantity and composition of the surface water(7)

quarterly(3)

half-yearly

potential gas emissions and atmospheric pressure(4) (CH4, CO2, O2, H2S, H2, etc.)

monthly(1), (5)

half-yearly(6)

(1) The frequency of sampling can be adjusted on the basis of the morphology of the landfill waste: in tumulus, buried, etc.

This must be specified in the licence.

(2) The parameters to be measured and the substances to be analysed vary according to the composition of the landfill waste. They are specified in the licence and reflect the leaching characteristics of the waste materials.

(3) If it appears from the evaluation of the data that longer intervals are equally effective, these intervals can be adjusted. The conductivity of leachates is measured at least once a year.

(4) These measurements are related mainly to the organic matter content of the waste materials.

(5) CH4, CO2, O2 are checked regularly, the other gases as required, depending on the composition of the landfill waste, the aim being to reflect the leaching characteristics.

(6) The efficiency of the gas collection system is checked regularly.

(7) On the basis of the characteristics of the deposit area, the competent body may determine that these measurements are not required.

 

With a view to drawing up a water balance, the following data are collected either by making measurements at the landfill site itself or at the nearest meteorological station:

 

operation phase

after-care phase

precipitation rate

daily

daily values, added up to monthly values

temperature (min. max., 2 p.m. MET)

daily

monthly average

prevailing wind direction and force

daily

not required

lysimeter evaporation(1)

daily

daily values, added up to monthly averages

humidity (2 p.m. MET)

daily

monthly average

(1) or using another appropriate method


Subsection 5.2.5.7.
Financial guarantee


Article 5.2.5.7.1. Translation not available

Article 5.2.5.7.2.

The Public Waste Agency of Flanders may claim a financial guarantee provided in the manner specified in subparagraphs 2 up to and including 5.

 

At the reasoned request of the supervisory authority recording the non-compliance with the operating conditions or on the basis of its own observations, the Public Waste Agency of Flanders gives notice of default to the operator by registered letter. In the notice of default, the measures the operator is expected to take and also the term for their implementation are laid down. A copy of the notice of default is sent to the provider of the financial security by registered letter.

 

If the operator fails to commit in writing to implementing the required measures promptly within a period of one month, or if the operator fails to adhere to the designated schedule, the Public Waste Agency of Flanders may decide to implement the necessary measures ex officio.

 

The decision to proceed to ex officio implementation of the measures is communicated by registered letter to the operator of the landfill, to the provider of the financial security and to the supervisory authority.

 

Before proceeding to the implementation of the necessary measures, the Public Waste Agency of Flanders presents the approved scheme (which includes a cost estimate, implementation and financing plans for the work) to the provider of the financial security. The provider of the financial security guarantees the payment of the invoices submitted by the Public Waste Agency of Flanders and is responsible for their payment.


Section 5.2.6.
Waste from extractive industries


Article 5.2.6.0.1.

§ 1.

The provisions of this section apply to the installations specified in section 2.3.11 of the classification list.

 

§ 2.

Article 5.2.1.6, Article 5.2.6.5.1, §3, Article 5.2.6.6.1, Article 5.2.6.7.1, §4, and Article 5.2.6.8.1 are not applicable to inert waste and waste from the extraction, treatment and storage of peat, unless disposed of in a category A waste establishment.

 

Article 5.2.6.5.1, §3, Article 5.2.6.6.1, §3 and §4, Article 5.2.6.7.1, §4 and Article 5.2.6.8.1 are not applicable to non-dangerous non-inert waste, unless disposed of in a category A waste establishment.


Subsection 5.2.6.1.
General regulation


Article 5.2.6.1.1. The necessary measures must be taken to ensure that extraction waste is managed without endangering human health and without using processes or methods that could harm the environment, and in particular without risk to water, air, soil and fauna and flora, without causing a nuisance through noise or odours, and without adversely affecting the landscape or areas of special value. The necessary measures must also be taken to prohibit abandonment or the uncontrolled discharge or disposal of extraction waste.

Subsection 5.2.6.2.
Waste management plan


Article 5.2.6.2.1. Translation not available

Subsection 5.2.6.3.
Prevention of major accidents


Article 5.2.6.3.1. The provisions of this subsection apply solely to category A waste establishments, with the exception of those establishments falling under the scope of the cooperation agreement of 21 June 1999, amended by the cooperation agreement of 1 June 2006, between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning management of major accident dangers in which dangerous substances are involved.

Article 5.2.6.3.2.

§ 1.

Without prejudice to the applicability of the existing regulations on the safety and protection of employees in the extractive industries, the fulfilment of the obligations according to this Article must ensure that major accident dangers are identified and that the necessary elements are incorporated in the design, construction, operation, maintenance, closure and follow-up of the closure of the waste establishment in order to prevent such accidents and limit their adverse consequences for human health or the environment, including transboundary consequences.

 

§ 2.

Without prejudice to the applicability of § 1, each operator must, before the start of operations, draw up a major accident prevention policy for the management of extraction waste and put into effect a safety management system implementing it, in accordance with the elements specified in point 1 of Appendix 5.2.6.2. He/she also puts into effect an internal emergency plan specifying the measures that must be taken on site in the event of an accident. As part of that policy, the operator appoints a safety manager who is responsible for the implementation and periodic supervision of the major accident prevention policy.

 

 

The internal emergency plans are available for perusal by the supervisor.

 

 

The operator puts the internal emergency plan into effect immediately when:

-

a major accident occurs, or

-

an unmanageable occurrence, of such a nature that it can be reasonably assumed to lead to a major accident, takes place.

 

§ 3.

The emergency plan specified in § 1 has the following objectives:

 

to avoid and control major accidents and other incidents to the greatest possible extent so as to limit their effects to a minimum, and in particular to limit damage to human health and the environment;

to implement the measures necessary to protect human health and the environment from the effects of major accidents and other incidents;

to provide the necessary information to the public concerned (public that experiences or will probably experience the consequences of the decision to issue a licence or alter or extend the licensing conditions or is an interested party therein. For the purposes of this definition, non-governmental organisations that promote environmental protection and meet the requirements of national law are regarded as interested parties and to the services or authorities concerned in the area; 

provide for the rehabilitation, restoration and clean-up of the environment following a major accident.

 

§ 4.

In the event of a major accident, the operator immediately provides the competent mayor, the emergency services concerned, the competent authority, appointed by the federal government, in charge of civil safety, and the division competent for environmental enforcement with all information required to limit to a minimum its consequences for human health and to assess and limit to a minimum the extent of the actual or potential environmental damage.


Subsection 5.2.6.4.
Excavation voids


Article 5.2.6.4.1.

When extraction waste is replaced in the excavation voids for rehabilitation and construction purposes, whether created through surface or underground excavation, appropriate measures must be taken to:

secure the stability of the extraction waste in accordance, mutatis mutandis, with Article 5.2.6.5.1, §1 and §2;

prevent the pollution of soil, surface water and groundwater in accordance, mutatis mutandis, with Article 5.2.6.7.1, §1 and §3;

ensure the monitoring of the extraction waste and the excavation void in accordance, mutatis mutandis, with Article 5.2.6.6.1, §3.


Subsection 5.2.6.5.
Construction and management of waste establishments


Article 5.2.6.5.1.

§ 1.

When constructing a new waste establishment or modifying an existing waste establishment, the operator ensures that:

 

the waste establishment is suitably located, taking into account in particular the obligations in European or national legislation relating to protected areas and geological, hydrological, seismic and geotechnical factors, and is designed so as to meet the necessary conditions for preventing, in the short and long-terms, pollution of the soil, air, groundwater or surface water, taking into account in particular the provisions of this Order and the provisions of the Decree of 18 July 2003 relating to integral water policy and its implementing orders, and ensuring efficient collection of polluted water and leachate as and when required according to the licence, and reducing erosion caused by water or wind insofar as it is technically possible and economically viable; 

the waste establishment is suitably constructed, managed and maintained to ensure its physical stability and to prevent, in the short and long-terms, pollution or pollution of soil, air, surface water or groundwater as well as to limit to a minimum the damage to landscape as much as is possible;

there are suitable plans and arrangements for periodic monitoring and inspection of the waste establishment by competent persons and for taking action in the event of results indicating instability or water or soil pollution;

suitable arrangements are made for the rehabilitation of the site and the closure of the waste establishment;

suitable arrangements are made for the phase after closure of the waste establishment.

 

§ 2.

Records of the monitoring and inspections specified in § 1, 3° are kept, together with the licence documentation.

 

§ 3.

The operator notifies, without undue delay and in any event at the latest by 48 hours thereafter, the division competent for environmental enforcement and the division competent for natural resources of any events likely to affect the stability of the establishment as well as of any significant adverse environmental effects revealed by the checking and monitoring procedures of the waste establishment. The operator implements the internal emergency plan, where applicable, and follows any other instructions from the supervisory authority as to the corrective measures to be taken.

 

The operator bears the costs of the measures to be undertaken.

 

The operator reports to the division competent for environmental enforcement and the division competent for natural resources, once every year, on the basis of aggregated data, all monitoring results for the purposes of demonstrating compliance with the licensing regulations and to increase the knowledge of waste and waste establishment behaviour. On the basis of this report, the competent authority can decide that validation by an independent expert is necessary.


Subsection 5.2.6.6.
Procedures for the closure and the phase after the closure of waste establishments


Article 5.2.6.6.1. Translation not available

Subsection 5.2.6.7.
Prevention of the deterioration of the water status, air and soil pollution


Article 5.2.6.7.1. Translation not available

Subsection 5.2.6.8.
Financial guarantee


Article 5.2.6.8.1.

§ 1.

Prior to the commencement of any operations involving the accumulation or deposit of waste in a waste establishment, there is a requirement that a financial guarantee is provided for the Public Waste Agency of Flanders as specified in Article 5.2.4.7.1, so that: 

 

all obligations that follow from the licence, including after-closure provisions, are complied with;

there are funds readily available at any given time for the rehabilitation of the site affected by the waste establishment, as described in the waste management plan prepared pursuant to subsection 5.2.6.2 and required according to the licence.

 

§ 2.

In accordance with Article 5.2.4.7.2., the Public Waste Agency of Flanders can lay claim to the financial guarantee specified in § 1.

 

§ 3.

The calculation of the financial guarantee specified in § 1 is made on the basis of:

 

the probable environmental impact of the waste establishment. In particular, the category of the establishment, the characteristics of the waste and future use of the rehabilitated site are taken into account;

the assumption that independent and thoroughly qualified third parties will assess and perform the necessary rehabilitation work.

 

§ 4.

The size of the guarantee is periodically adjusted depending on each rehabilitation work that must be carried out on the site affected by the waste establishment, as described in the waste management plan prepared pursuant to subsection 5.2.6.2 and required by the licence.

 

§ 5.

If the authorities specified in Article 5.2.6.6.1, § 2 approve the closure, they provide the Public Waste Agency of Flanders with a written statement enabling the Public Waste Agency of Flanders to release the operator from the guarantee obligation specified in § 1, with the exception of the obligations relating to the phase after closure of the waste establishment in accordance with Article 5.2.6.6.1, § 3.


Subsection 5.2.6.9.
Inspections by the competent authority


Article 5.2.6.9.1.

§ 1.

Prior to the commencement of disposal operations and annually thereafter, including during the phase after the closure, the division competent for environmental enforcement and the division competent for natural resources inspect any waste establishment for which section 2.3.1.1. is applicable, in order to ensure that it complies with the relevant regulations of the licence. An affirmative finding in no way reduces the responsibility of the operator under the regulations of the licence.

 

§ 2.

The operator keeps up-to-date dossiers of all waste management activities and makes them available for perusal by the supervisory authority. In the event of a change of operator during the management of a waste establishment, there must be an appropriate transfer of relevant, up-to-date information and dossiers relating to the establishment.


Subsection 5.2.6.10.
Transitional provisions


Article 5.2.6.10.1.

§ 1.

A waste establishment which has been granted a licence, or which is already in operation on 1 May 2008, must comply with the provisions of this section at the latest on 1 May 2012, except for those waste establishments meant in Article 5.2.6.8.1, § 1, which must comply with the provisions of this section at the latest on 1 May 2014, and the establishments meant in Article 5.2.6.7.1, § 4, which must comply with the provisions of this section within the timetable laid down therein.

 

§ 2.

§ 1 is not applicable to waste establishments that are closed on 1 May 2008.

 

§ 3.

Article 5.2.6.2.1, Article 5.2.6.3.2, § 2, § 3 and § 4, Article 5.2.6.6.1, § 1, and Article 5.2.6.8, § 1, § 3 and § 4, are not applicable to waste establishments which stopped accepting waste before 1 May 2006 or which are rounding off closure procedures in accordance with applicable community or national legislation or under programmes approved by the Public Waste Agency of Flanders, and which will definitively close at the latest on 31 December 2010.


Section 5.2.7.
Animal burial grounds


Article 5.2.7.1. Without prejudice to the Animal By-products Regulation (EC) No 1069/2009 and its implementing Regulation (EC) No 142/2011, this section applies to the establishments meant in section 2.3.12 of the classification list.

Article 5.2.7.2.

The soil material must not adversely affect the process of decomposition of the cadavers. Clay soils and heavy clay soils, very dry soils, extremely wet soils and oxygen-deficient soils are not suitable for animal burial grounds.

 

A cadaver of a pet animal is buried at least sixty centimetres above the level of the average highest groundwater level.

 

An animal burial ground is not established in a protection zone of a groundwater abstraction area.

 

By way of derogation from the general conditions for the processing of waste materials, no weighbridge is required. Article 5.2.1.5, §1 and §2 do not apply to animal burial grounds.


Article 5.2.7.3.

Cadavers containing a battery-powered implant are not buried until the battery has been removed.

 

Cadavers that are embalmed or have been the subject of thanatopraxy are not buried.

 

If cadavers are buried in a cadaver covering, that cadaver covering meets the conditions described in the Order of the Government of Flanders of 21 October 2005 specifying the conditions which coffins or other corpse coverings must meet.

 

When burying cadavers, no toxic or non-biodegradable substances are buried with them.

 

Cadavers are buried at least 60 cm apart. A maximum of three cadavers are buried on top of each other, provided that at least one layer of soil at least 30 cm thick is placed above each cadaver. On top of the uppermost cadaver there is a layer of soil at least 65 cm thick.

 

A cadaver is buried for at least ten years. The operator is responsible for removing or processing disinterred and non-decomposed remains.

 

Animal burial grounds where animals are no longer buried are left in their present condition for at least ten years following the last burial.

 

The operator informs the licensing authority of the cessation of activities. 


Chapter 5.3.
THE DISCHARGE OF WASTE WATER AND COOLING WATER


Article 5.3.0.1. The provisions of this chapter apply to the establishments meant in section 3 of the classification list.

Section 5.3.1.
Urban waste waster


Article 5.3.1.1. Without prejudice to the general conditions for the discharge of waste water in public sewers and artificial rainwater drains laid down in chapters 4.2. and 7.2., for the discharge of urban waste water into a collection system that is not connected to a waste water treatment installation, no specific emission limit values apply.

Article 5.3.1.2.

Waste water treatment installations as meant in subsection 3.6. of the classification list must be designed, adapted, built, operated and maintained in such a way:

that they can continue operating in a satisfactory way under all normal local weather conditions; during the design of the installations, seasonal fluctuations in load should be taken into account;

that representative samples can be taken of the wastewater influent and of the effluent waters after treatment and before discharge into the receiving surface water.


Article 5.3.1.3. Translation not available

Article 5.3.1.4.

§ 1.

If possible the treated waste water must be reused.

 

§ 2.

If possible, the sludge originating from the treatment of waste water is reused. Without prejudice to the provisions of the Decree of 23 December 2011 concerning the sustainable management of material cycles and waste materials and its implementing orders, the discharge paths must be such that any harmful consequences for the environment are kept to a minimum. The processing and disposal of the sludge must take place in accordance with the provisions of sections 5.2.2.4. or 5.2.2.5. of this decision.

 

§ 3.

Deposition and washing of the sludge originating from the treatment of waste water in surface water is prohibited. The removal of sludge to surface waters by dumping it from ships, by discharging it through pipelines or in any other way is also prohibited.


Section 5.3.2.
Industrial waste waters


Article 5.3.2.1.

§ 1.

The regulations specified in § 2 apply to the discharges into surface water of industrial waste water originating from installations of one or more of the following industrial sectors, representing a biodegradable organic load of at least 4,000 population equivalents (p.e.):

production of alcohol and alcoholic beverages;

production and bottling of soft drinks;

breweries;

malthouses;

manufacture of animal feed from vegetable products;

manufacture of gelatine and glue on the basis of hides and bones;

manufacture of products on the basis of vegetables and fruit;

processing of potatoes;

fish processing industry;

10°

meat industry;

11°

dairy industry.

 

§ 2.

At the latest on 31 December 2000, all biodegradable industrial waste water originating from an installation as meant in the first subparagraph must, before its discharge in the receiving surface water, at least be treated in a waste water treatment installation of the secondary type. During this treatment the minimum reductions as compared to the influent load - prescribed in Article 5.3.1.3. and appendix 5.3.1. - are observed, without prejudice to the emission limit values imposed in these regulations.

 

Other effective measures than those prescribed in the first paragraph may be taken, on condition that such measures guarantee an equivalent or better quality of the discharged waste water.


Article 5.3.2.2.

If industrial waste water is discharged in public sewers, before its discharge in a collection system or in a waste water treatment installation for urban waste water (and without prejudice to the emission limit values imposed by these regulations), the waste water must at least undergo a pretreatment as required to:

protect the health of staff working in the collection systems and the waste water treatment installations;

ensure that no damage is caused to the collecting system, the waste water treatment installation and the relevant equipment;

ensure that the working of the waste water treatment installation and the sludge treatment are not impeded;

ensure that discharges from the sewage treatment installations do not adversely affect the environment or prevent the receiving waters from meeting the environmental quality objectives prescribed in these regulations;

ensure that sludge can be removed safely and in an environmentally sound way.


Article 5.3.2.3.

§ 1.

If possible, the treated waste water must be reused.

 

§ 2.

If possible, the sludge originating from the treatment of waste water is reused. Without prejudice to the provisions of the Decree of 23 December 2011 concerning the sustainable management of material cycles and waste materials and its implementing orders, the discharge paths must be such that any harmful consequences for the environment are kept to a minimum. The processing and disposal of the sludge must take place in accordance with the provisions of chapter 5.2. of these regulations.

 

§ 3.

The deposition of the sludge originating from the treatment of waste water in surface water is prohibited.


Article 5.3.2.4. Translation not available

Chapter 5.4.
COATINGS (PAINTS, VARNISHES, INKS, ENAMELS, METAL POWDERS AND SIMILAR PRODUCTS, STRIPPERS AND MORDANTS), COLOURANTS AND PIGMENTS


Section 5.4.1.
General provisions


Article 5.4.1.1. The provisions of this chapter apply to establishments as meant in sections 4 and 21 of the classification list, as further specified in the sections below. The provisions of this chapter are not applicable to drying installations that form an integral part of a spraying booth and that have as sole purpose the activation of the drying process, with the temperature of the object never exceeding 100°C.

Article 5.4.1.2.

§ 1.

It is prohibited to operate an establishment as meant in Article 5.4.1.1., which is wholly or partly located:

in a water abstraction area or a type I, II or III protected zone;

in an area other than an industrial zone.

 

§ 2.

It is prohibited to operate an establishment as meant in Article 5.4.1.1., of which the buildings and/or storage areas are located at a distance of less than 50 m from:

a residential area;

parkland;

a recreation area.

 

§ 3.

The prohibitions of §1 and §2 do not apply to existing establishments or parts of them.

 

§ 4.

The prohibitions of §1 and §2 also do not apply to the establishments classified in category 3 as meant in subsection 4.3 of the classification list.

 

§ 5.

The prohibitions specified in paragraphs 1 and 2 do not apply to the establishments specified in section 4.4 of the classification list that are intended exclusively for didactic and recreational purposes.

 

 

§ 6.

The prohibitions specified in paragraphs 1, 2° and 2 do not apply to the establishments specified in section 4.4 of the classification list that are intended for curing powder coatings in muffle furnaces.


Article 5.4.1.3. Translation not available

Article 5.4.1.4.

§ 1.

The operator of an establishment in which the pigments, paints or other coatings as meant in Article 5.4.1.3., § 2 are produced, used and/or stored must keep a register in which at least the following information is indicated:

information relating to the products manufactured or which have been brought into the installation: for each type of pigment, paint or other coating as meant in Article 5.4.1.3., § 2, the quantity, expressed as kilograms or tonnes, that is manufactured at or brought into the establishment;

information relating to storage: for each type of pigment, paint or other coating as meant in Article 5.4.1.3., § 2, the indication of the place where these products are stored at the establishment, and the relevant quantity expressed as kilograms or tonnes;

information relating to removal from the installation: per type of pigment, paint or other coating as meant in Article 5.4.1.3., § 2:

a)

the quantity processed at the establishment itself;

b)

the name of the person to whom the product was delivered, the delivery date, the invoice number and the quantity delivered.

 

 

§ 2.

The register meant in § 1 is kept available on-site for the supervisor for a period of at least 3 years.


Article 5.4.1.5. Translation not available

Article 5.4.1.6.

§ 1.

At the establishment the necessary intervention materials, such as absorption materials, oversize drums, protective resources, etc. must be present so that a prompt intervention can be made in the case of leaks, faulty packing, spillages and other incidents in order to limit the possible harmful consequences to the greatest possible extent.

 

 

§ 2.

Installations for the production of lacquers, paints, printing inks and/or pigments, for the preparation and/or the application of coatings as well as for the thermal treatment of coated objects must be located in a space that is completely separated from the storage areas by fireproof walls. The floor of this room must be equipped with a collection channel and one or more collection wells. The floor, the collection channel and the collection wells must be made of a material that is both impermeable and chemically inert regarding the substances they may come into contact with.

 

§ 3.

 

The overall collection system for the installation as a whole, the separate collection facilities for the compartmentalised storage, the bunds, the compartments for bulk waste materials, the tanks' overflows or safety outlets, as well as the storage building for flammable liquids of danger category 1, flammable solids of danger category 1, flammable gases of danger category 1 and liquids and solids identified by the GHS03 danger pictogram according to the CLP Regulation may in no way be connected directly to a public sewer, a groundwater layer, a surface water or a reservoir for surface water.

 

§ 4.

The collection wells and the separate collection facilities of the compartmentalised storage must be emptied regularly and at least after each incident. The resulting waste flows must be disposed of in an appropriate manner.


Article 5.4.1.7. It is prohibited to store liquids or solids identified by the GHS02 danger pictogram according to the CLP Regulation in any location where temperatures may exceed 40°C as a result of heat generated by technological means.

Section 5.4.2.
The production of lacquers, paints, printing inks, colourants and/or pigments


Article 5.4.2.1. The provisions of this section apply to the establishments as meant in subsections 4.1., 21.1. and 21.2. of the classification list.

Article 5.4.2.2.

§ 1.

The whole installation must be designed and properly maintained in such a way that leaks of substances and products as well as emissions of pollutants into the ambient air are prevented to the greatest possible extent.

 

§ 2.

The necessary measures must be taken to prevent the formation of electrostatic charges. To this end in particular all metal parts of the installations, of the dust extractor and of the storage tanks as well as of the loading and unloading facilities must be earthed.

 

§ 3.

If liquids or solids identified by the GHS02 danger pictogram according to the CLP Regulation are used or produced:

the rooms where the installations for the production of lacquers, paints, printing inks and/or pigments are located may only be heated by means of appliances of which the location and use offer sufficient guarantees against any danger of fire or explosion;

buckets filled with dry sand or fire extinguishers in good condition must be placed near the work stations and the exits of the rooms meant in point 1°;

the escape doors of the rooms meant in point 1° must open to the outside and passages must be kept free of all obstacles;

in the rooms meant in point 1° a quantity of raw materials and manufactured products may be stored which corresponds to at most one day's requirements or production;

no work may be carried out in the rooms meant in point 1° for which use is required of any appliance that works with naked flame or which may generate sparks;

smoking is prohibited in the rooms meant in point 1°; this smoking ban must be indicated in clearly readable letters on the outside of the entrance doors and inside the rooms in question;

the stacks and the discharge pipework for the extracted vapours and mists must be made of non-flammable materials.


Article 5.4.2.3.

§ 1.

Vapours, mists and waste gases are collected where they originate and where necessary removed to a waste gas treatment installation.

 

§ 2.

If a tank is filled manually with solids through a filling opening or a manhole, the tank is fitted with an external local extraction system.

 

For establishments licensed before 1 January 2012, the requirements specified in this paragraph apply from 1 January 2015.

 

§ 3.

The following emission limit values apply to the discharged waste gases:

Parameter

Emission limit value in mg/Nm³

total dust

10.0

organic substances expressed as total organic carbon

100.0

Sb + Pb + Cr + Cu + Mn + V + Sn

5.0


Article 5.4.2.3bis. Translation not available

Article 5.4.2.4.

Without prejudice to the prohibitions of Article 5.4.1.3., § 2, the manufacture of white lead is subject to the following conditions:

the lead must be melted in a separate room that is only used for this purpose; the melting activities must be performed only underneath a mechanical extractor hood which extracts vapours and mists to a filter installation; during the drawing off of the molten lead the opening in this extractor hood must be restricted to what is strictly necessary for the performance of the activity; this opening must further be kept completely closed to the greatest possible extent;

the necessary measures must be taken to prevent the removal of the grates or the plates from generating any dust whatsoever; if necessary, these grates, plates or any manure bed will be sufficiently moistened;

manual dusting down, stripping and screening is prohibited; from the stripping of the grates until after the end of the crushing with water, the white lead must be handled completely mechanically;

the white lead cakes must be crushed mechanically and the crushing, grinding and bolting machines must be placed in such a way that the white lead is moved from one machine to the next automatically; these machines must be placed in a separate room that is only used for this purpose; all stripping or crushing machines that are not immersed in water as well as the grinding and bolting machines must be equipped with tightly closed metal housings that are connected to a sufficiently powerful dust extractor, installed in such a way that any emissions of lead-containing dust are extracted to a filter installation; the above-mentioned machines may only be opened after the complete settling of the powdery dust;

the packaging of dry white lead may only be performed mechanically and must be performed in such a way that no dust whatsoever can escape;

the white lead powder may only be fed into the feed hopper of the flattening machine with oil mechanically, in such a way that no dust whatsoever can be generated; this feed hopper must be equipped with a housing that is connected to a dust extractor which in turn is connected to a filter installation;

the mixing of the dry lead with the oil as well as the first crushing actions must be carried out with the machine completely closed; the white lead dough must be supplied from this machine to the various flattening rollers automatically.


Article 5.4.2.5.

§ 1.

Without prejudice to the prohibitions of Article 5.4.1.3. § 2, the manufacture of lead oxides (massicot, litharge, red lead) is subject to the following conditions:

the necessary precautionary measures are taken to prevent vapours or substances from being released into the environment during the stirring or the removing from the furnace; in particular to this end synthetic extractor hoods are installed above the furnace doors, which draw off the pollutants to a filter installation;

the pulverisation and the bolting must take place in appliances closed airtight, which may only be opened after the complete settling of the powdery dust;

during the pouring, filling of drums, compressing and any other processing, the necessary precautions must be taken to completely prevent any raising of dust.

 

§ 2.

Without prejudice to the prohibitions of Article 5.4.1.3. § 2, the manufacture of lead chromate and paints containing lead chromate is subject to the following conditions:
the pulverisation, bolting, compressing and packaging must take place in appliances closed airtight, which may only be opened after the complete settling of the powdery dust.

 

§ 3.

Without prejudice to the prohibitions of Article 5.4.1.3. § 2, the manufacture of lead arsenate is subject to the following conditions:

the corrosive liquids must be transported and poured mechanically;

the drums and receptacles used for the reactions and the treatments must be made of a material that cannot be corroded or otherwise affected by the substances used;

the pulverisation, bolting, compression, packaging and all other treatments of the raw materials or of the manufactured product must be carried out in such a way that no dust can spread in the environment.

 


Section 5.4.3.
Application of coatings


Subsection 5.4.3.1.
General provisions


Article 5.4.3.1.1. Translation not available

Article 5.4.3.1.2. Translation not available

Article 5.4.3.1.3. Translation not available

Article 5.4.3.1.4. Translation not available

Subsection 5.4.3.2.
Vehicle spraying


Article 5.4.3.2.1. The provisions of this subsection apply subject to application of the provisions of Subsection 5.4.3.1 and Chapter 5.59. They apply to the establishments specified in subsection 59.3, 2° of the classification list. They are also applicable to the establishments meant in subsection 4.3, provided the activity "application of a coating on vehicles or parts thereof as part of the process of repairing, protecting or decorating vehicles outside the factory" is carried out at that location. The provisions of this subsection do not apply if the spraying activities relate directly to the production of new vehicles at the same establishment.

Article 5.4.3.2.2.

§ 1.

All activities that may give rise to the emission of odours, smoke or dust must be carried out inside a building. During these activities the windows and doors of the building are closed.

 

§ 2.

All emissions to the air, with the exception of steam or water vapour, must be colourless and without visible mist or droplets.

 

§ 3.

All spraying work must be carried out in a spraying booth. This is a completely enclosed area in which the extracted air is removed to the outside via dust filters and which is constructed in such a way that vehicles can be sprayed under controlled conditions.

 

§ 4.

By way of derogation from paragraph 3, primers may be sprayed in a pre-treatment area if the base coats still have to be sanded and the spray job is confined to a single component per vehicle. The pre-treatment area in which the spraying activities take place is designed in such a way that the spread of paint particles and solvents is avoided. This is achieved by means of the following, whereby the extracted air is conducted outside through dust filters:

 

separation from the rest of the workspace, by means of curtains, for example, or an open booth;

extraction within the separate zone, thereby creating an under-pressure, which prevents the spread of dust and solvents to the rest of the working area.

 

§ 5.

If the spraying booth is equipped with an active carbon filter:

the waste gases originating when spraying in the pre-treatment space must be taken to an active carbon filter;

the filter must be replaced or regenerated often enough to guarantee its good operation.

 

§ 6.

In the case of faults in or the breakdown of the installation or equipment that can lead to abnormal emissions, the activities must be immediately discontinued. The activities are only resumed if normal operation can again be guaranteed.

 

§ 7.

All staff carrying out spraying work must be provided with the necessary training, as well as all instructions regarding their obligations relating to checking the installation and the emissions into the air.


Article 5.4.3.2.3. Translation not available

Article 5.4.3.2.4.

§ 1.

All spraying work must take place with appliances with an application efficiency of at least 65%. During spraying the air supply is set so that a pressure of 70 kPa at the air cap of the spray gun is not exceeded. Each establishment has a measuring appliance to be able to measure the pressure.

 

Other spraying equipment may be used if it can be demonstrated that coatings can be applied with an application efficiency of at least 65%.

 

§ 2.

When cleaning spraying guns and installations a recipient must always be used to collect the rinsed residues. If organic solvents are used during this process, cleaning must always take place in a fully closed automatic cleaning device or in another cleaning machine with equal or lower emissions.

 

§ 3.

 

The testing of spray guns and test spraying after cleaning must take place in a cleaning machine with an extractor, or in a separate space also provided with an extractor.

 

A recipient must also be used to collect the sprayed coating or cleaning agents.

 

§ 4.

Receptacles containing solvent-containing products or waste must be kept well sealed. Cleaning cloths soaked with organic solvents must be kept in closed containers after use.

 

§ 5.

 Wash primers based on organic solvents may only be used if they are required for the adhesion of consecutive coats on bare metals, aluminium, zinc plate or galvanised metals. The use of such wash primers must be restricted to at most 5 volume percent of all coatings, with the exception of when pickling primer is applied as the first coat on aluminium and with the exception of vehicles with a weight greater than 3.5 tonnes.

 


Article 5.4.3.2.5. The activity "application of a coating on vehicles or parts thereof as part of the process of repairing, protecting or decorating vehicles outside the factory" is subject to Article 5.4.3.2.3, § 4, but only as of 1 January 2010.

Section 5.4.4.
Thermal treatment of coated objects


Article 5.4.4.1. The provisions of this section apply to the establishments as meant in subsection 4.4 of the classification list.

Article 5.4.4.2. Translation not available

Chapter 5.5.
Pesticides


Section 5.5.1.
General provisions


Article 5.5.1.1.

§ 1.

This section applies to the establishments meant in section 5 of the classification list.


Article 5.5.1.2. Translation not available

Article 5.5.1.3. Translation not available

Article 5.5.1.4. Translation not available

Article 5.5.1.5. Translation not available

Article 5.5.1.6. Translation not available

Article 5.5.1.7.

§ 1.

It is prohibited to store products identified by the GHS02 danger pictogram according to the CLP Regulation in any location at the establishment where temperatures may exceed 40°C as a result of heat generated by technological means.

 

§ 2.

The rooms may only be heated by means of appliances of which the location and use offer sufficient guarantees against any danger of fire or explosion. A smoking ban applies in the rooms and no work may be carried out for which the use is required of an appliance that works with naked flame or which may generate sparks, with the exception of maintenance and/or repair work, on condition that the necessary precautions have been taken in this regard. This smoking ban is indicated in clearly readable letters or with the regulatory pictograms on the outside of the entrance doors and inside the rooms in question.


Section 5.5.2.
Establishments for the storage and treatment of residual liquids, and establishments for the cleaning of equipment, with the exception of portable spraying equipment for the application of plant protection products belonging to an establishment for the storage and treatment of residual liquids


Article 5.5.2.1. This section applies to the establishments meant in sections 2.3.2, f), 2.3.3, b) and 5.6 of the classification list.

Article 5.5.2.2. Equipment for the application of plant protection products can only be permitted into the establishment once it has been cleaned in the field in the most effective manner according to a code of good practice.

Article 5.5.2.3.

§ 1.

Locations at the site where residual liquids may be spilled are provided with an impervious floor or trap in such a way that spilled residual liquids cannot pollute the soil itself, groundwater or surface water. This floor or trap is equipped with a leakproof drainage system.

 

§ 2.

The treatment and storage areas for residual liquids and purified liquid are constructed such that they are leakproof.

 

§ 3.

The construction materials used are chemically inert regarding the residual liquids with which they may come into contact.

 

§ 4.

The cleaning points are organised in such a way that cleaning can be carried out with care and the origination of mists is minimised or avoided.

 

§ 5.

After each use, the cleaning point is cleaned so that no polluted rainwater is produced. Non-polluted rainwater is removed separately via a control well from which a scoop sample can easily be taken.

 

§ 6.

Except for non-polluted rainwater, the following are prohibited: overflows or diversion channels to surface water, a public sewer, an artificial drainage channel for rainwater or direct or indirect discharge into the groundwater.


Article 5.5.2.4.

§ 1.

If the residual liquids in the establishment are biologically purified, the purified liquids are collected for reuse and not discharged.

 

If the residual liquids or the purified liquids cannot be reused in the establishment, they are removed and treated in accordance with the regulations.

 

§ 2.

In the case of physicochemical purification, the solid residues are removed and treated in accordance with the regulations.


Article 5.5.2.5.

The operator keeps a register of use (separately or in combination with another register) in which the data can be linked to the sprayings carried out and the plant protection products used. The following information is noted in that register, together with the date:

the quantity of residual liquids to be treated;

the quantity of stored and reused purified liquids and their destination;

in the case of biological treatment, the quantity and removal method of the substrate;

in the case of physicochemical treatment, the quantity and removal method of the solid residues;

the identification and description of an irregularity and the remedial measures taken.


Chapter 5.6.
Fuels and flammable liquids


Section 5.6.1.
Flammable liquids


Subsection 5.6.1.1.
General provisions


Article 5.6.1.1.1.

§ 1.

This section applies to the storage facilities for flammable liquids as classified in section 6.4 of the classification list.

 

§ 2.

Short-term storage in connection with transport by road, rail, inland waterways, by sea or by air, including the loading and unloading and the transfer to or from another form of transport in ports, on quays or in railway yards is not subject to the regulations of this order.

 

However, if the liquids specified in this order are stored in storage facilities located in ports, along quays or in railway yards and if these storage facilities are intended for the regular short-term storage of such liquids, then these storage facilities are subject to the regulations of this order.


Article 5.6.1.1.2. Translation not available

Article 5.6.1.1.3. Translation not available

Article 5.6.1.1.4. Translation not available

Article 5.6.1.1.5.

§ 1.

The rooms where flammable liquids are stored may only be heated by means of appliances of which the location and use offer sufficient guarantees against the risk of fire.

 

§ 2.

In spaces where flammable liquids are stored:

no work may be carried out for which use is required of an appliance that works with naked flame or which may generate sparks, with the exception of maintenance or repair work, on condition that the necessary precautions have been taken and subject to instructions in writing being drawn up or initialled by the prevention adviser or by the operator;

a smoking ban applies; this smoking ban is indicated in clearly readable letters or with the regulatory pictograms on the outside of the entrance doors and inside the rooms in question; the obligation to post the prescribed "no smoking" pictogram does not apply if this pictogram is posted at the entrance to the enterprise and if the ban on smoking and open fire applies for the whole of the enterprise;

the stacks and the discharge pipework for the extracted vapours and mists are made of non-flammable or self-extinguishing materials.

 

§ 3.

It is prohibited:

to smoke, light a fire or store flammable substances above or near the containers, near the pumps, the pipework, the dispensers, the filling areas and the unloading site for road tankers, within the bounds of the zoned locations as shown in the zoning plan, and demarcated according to the General Regulation on Electrical Equipment (AREI);

to wear shoes or clothing that may cause sparkover in the places that are not accessible to the public;

 

 

§ 4.

The prohibitions specified in paragraph 3 are clarified by means of regulatory safety pictograms, where these are available


Article 5.6.1.1.6.

§ 1.

Electrical installations, systems and lighting meet the requirements of the Regulations on Well-being at Work and the General Regulation on Electrical Equipment (AREI), in particular the Articles concerned with spaces where an explosive atmosphere can occur.

 

§ 2.

Without prejudice to the regulatory provisions, in zones where there is danger of fire and explosion because of the chance presence of an explosive mixture, electrical installations are designed and installed according to the conditions of a zoning plan.

 

§ 3.

Regarding installations for which the General Regulation on Electrical Equipment (AREI) is not as yet applicable, the zoning takes place in accordance with the provisions of Article 105 of this General Regulation.


Article 5.6.1.1.7.

§ 1.

The operator of an establishment classified in class 1 keeps a register or an alternative data medium in which at least the nature and quantities of the flammable liquids stored are recorded.

 

This information is stored in such a way that it is possible at all times to determine the quantities of flammable liquids present in the enterprise.

 

§ 2.

The register or alternative data medium specified in paragraph 1 is kept available on site for the supervisor for a period of at least 1 month.


Article 5.6.1.1.8.

Staff employed at the establishment are aware of the nature of the flammable liquids stored and the dangers involved, and of the measures to be taken when irregularities occur.

 

The operator must be able to prove that he/she has provided up-to-date instructions as required to this end.

 

These instructions are evaluated by the operator at least once per year.


Article 5.6.1.1.9.

 

 

§ 1.

Measures are taken to ensure an effective supervision of the different spaces and storage facilities at the establishment.

 

§ 2.

The buildings, containers, bunds, appliances, etc., are kept in perfectly maintained condition. Any fault or defect that may jeopardise the protection of man and the environment must be remedied immediately.


Article 5.6.1.1.10.

Regarding the filling of fixed containers and road tankers the following regulations apply:

 

1° 

the necessary measures are taken to prevent spillages of flammable liquids and pollution of the soil, groundwater and surface water; 

the flexible hose used for the filling is connected to the opening of the container or the conduit by means of a device with screw coupling or an equivalent system;

each filling operation is performed under the supervision of the operator or his/her appointee; this supervision is organised in such a way that the filling operation can be monitored and that immediate action can be taken in the event of an incident.

to prevent overfilling, all fixed containers are equipped with an overfilling protection, which may be:

 

a)

either a warning system, giving an acoustic signal which the supplier must always be able to hear in the filling area and which informs the supplier that the container to be filled is 95% full; this system may be mechanical or electronic;

 

b)

a safety system which automatically shuts off the product flow as soon as the container to be filled is at maximum 98% full; this system may be mechanical or electronic; 

in the case of storage facilities that are part of a fuel distribution facility for motor vehicles, the safety system specified in b) is provided;  

5° 

all containers are equipped with the possibility to measure the level;

the filling position for the road tanker, the zones where the nozzles of the filling pipes are grouped and the filling zones at the distribution installation are always located on the premises of the establishment and:

 

a)

provide sufficient strength of ground and are impervious; 

 

b)

are equipped with the necessary gradients and possibly also with upright edges, to ensure that all spilt liquids drain to a collection system; the elimination of collected liquids is effected in accordance with regulatory provisions, in particular those relating to the disposal of waste materials;

This point does not apply to storage facilities intended exclusively for the heating of buildings.  

Furthermore, this point does not apply to storage facilities for flammable liquids classified in class 3;

adequate measures are taken to maintain storage at atmospheric pressure;

The underground ventilation and vapour recovery pipework meets the same requirements as the other pipework; the ventilation pipework installed above ground also possesses sufficient mechanical strength;

it is prohibited to fill a container with a liquid other than the one for which the container was designed, except following inspection by an environmental expert in the discipline of containers for gases or dangerous substances or by a recognised expert proving that the container in question is suitable for such other liquid.


Article 5.6.1.1.11.

The overfilling protection described in appendix 5.17.7 must be manufactured in accordance with a code of good practice accepted by an environmental expert in the discipline of containers for gases or dangerous substances.

 

The check of the construction is performed in accordance with the selected code of good practice by an environmental expert in the discipline of containers for gases or dangerous substances.

 

The check of the construction for overfilling protection devices manufactured in series may be limited to a single approval of the prototype. The approval of the prototype is performed by one of the above-mentioned environmental experts according to the procedure of appendix 5.17.7. The report on the approval specifies the checks carried out and is signed by the above-mentioned expert.

 

For each overfilling protection, the operator possesses a certificate signed by the constructor. This certificate specifies the number of the prototype approval certificate and the name of the environmental expert who issued the test certificate (and his/her recognition number). The constructor also confirms in the certificate that the overfilling protection has been built and checked in accordance with this order.


Article 5.6.1.1.12. As regards the construction certificates, inspections and tests prescribed in this section, the operator has certificates in which the codes of good practice applied, the checks carried out and the relevant observations are clearly indicated. He/she keeps the certificates concerned at the disposal of the supervisor at all times.

Article 5.6.1.1.13. Without prejudice to the provisions of this chapter, the transport, installation and connection of containers is performed according to the prevailing Belgian or European standards.

Subsection 5.6.1.2.
Storage of flammable liquids in fixed underground containers.


Article 5.6.1.2.1.

§ 1.

The necessary measures are taken to give maximum protection to the containers against mechanical damage and corrosion.

 

§ 2.

The distance between the container and the boundaries of the plots of third parties is at least 3 metres. The distance between the container and the basement rooms of the enterprise's own buildings is at least 2 metres. The distance between the container and the walls of the enterprise's own buildings parties is at least 0.75 metres. The distance between the containers themselves is at least 0.5 metres.

 

The distance between containers for flammable liquids that do not form part of a distribution facility and the boundaries of the plots of third parties is at least 1 metre.

 

§ 3.

In the event of possible flooding or high water levels, the necessary provisions are installed to prevent empty containers from being floated upwards.


Article 5.6.1.2.2.

§ 1.

A notice is provided in a clearly visible place by the container in accordance with the provisions of appendix 5.17.2.

 

§ 2.

The following information is displayed clearly and in a readable manner near the filling opening and near the manhole:

the number of the container;

the name or the code numbers or letters of the stored flammable liquid;

the water content capacity of the container.

   

This paragraph does not apply to storage facilities for flammable liquids intended exclusively for the heating of buildings.


Article 5.6.1.2.3.

§ 1.

The venting pipe opens into the open air at least 3 metres above ground level and at least 3 metres from each opening in a space and the boundaries of the plots of third parties.

 

Outlets of venting pipes may not be located under construction parts such as roof overhangs.

 

§ 2.

Paragraph 1 is not applicable to venting pipes belonging to storage sites for flammable liquids that do not form part of a fuel distribution facility for motor vehicles. For these storage sites it is ensured that the installation and the height of the outlet of the venting pipe does not cause excessive nuisance to the vicinity, particularly as a result of the filling of the containers.


Article 5.6.1.2.4. Translation not available

Article 5.6.1.2.5. Translation not available

Article 5.6.1.2.6.

§ 1.

The building is inspected in accordance with appendix 5.17.2.

 

The check of separately constructed containers is done by an environmental expert recognised in the discipline of containers for gases or dangerous substances, or by a competent expert.

 

The check of containers installed in series may be limited to one prototype. The approval of the prototype is given by an environmental expert in the discipline of containers for gases or dangerous substances, of which the recognition allows the approval of prototypes.

 

The report on this approval specifies the checks carried out and is signed by the above-mentioned expert.

 

§ 2.

For each container, the operator has a "declaration of conformity of the container", signed by the constructor and made out in accordance with the model form in appendix 5.17.2.

The containers bear the identification plate applied by the constructor.


Article 5.6.1.2.7.

Before the installation of the container, either directly in the ground or in a trench, it is checked whether the container and where appropriate also the trench meet the conditions of this order.

 

After installation but before the commissioning of the container, it is checked whether the container, the pipework and the accessories, overfilling warning or safety system, the leak detection system and, where appropriate, the cathodic protection and the provisions for vapour recovery comply with the regulations of this order.

 

The specified checks are carried out under the supervision of an environmental expert in the discipline of containers for gases or dangerous substances, or a competent expert, or, for the storage of flammable liquids intended for the heating of buildings, a recognised technician. The monitoring of any cathodic protection takes place in collaboration with an environmental expert in the discipline of soil corrosion.


Article 5.6.1.2.8. Translation not available

Article 5.6.1.2.9.

Following the inspections described in Article 5.6.1.2.7 with the installation and/or the periodic investigations specified in Article 5.6.1.2.8, the expert or the recognised fuel oil technician draws up a certificate from which it unambiguously appears whether or not the container and the installation comply with the conditions of this order. The above-mentioned conformity certificate also specifies the name and the recognition number of the expert or recognised technician who carried out the inspection.

 

The latter affixes a clearly visible and readable sticker or plate to the filling pipe, which shows its recognition number, the year and the month of either the check upon installation or the last check carried out, and when the following check is to take place.

 

The sticker or plate has the following colour:

green, when the container and the installation comply with this Order;

orange, when the container and the installation do not comply with this Order, but the faults determined cannot cause pollution outside the container;

red, when the container and the installation do not comply with this Order and the faults determined could cause or have caused pollution outside the container or if, following a period of not more than six months with an orange label or plate, the same faults are again determined on the container and the installation.

 


Article 5.6.1.2.10.

Containers of which the filler pipe is provided with a green sticker or plate as specified in Article 5.6.1.2.9 may be filled, replenished and operated.

 

Containers of which the filler pipe is provided with an orange sticker or plate specified in Article 5.6.1.2.9, may be filled or replenished and operated during a transitional period of a maximum of 6 months starting on the first day of the month following the month specified on the orange sticker or plate. In this case a new check takes place before the expiry of the above-mentioned term.

 

The awarding of an orange sticker or plate is a one-time issue for the faults observed, i.e. the orange identification sticker or plate is followed by a green or red sticker, depending on whether or not the faults previously observed satisfy the requirements of the provisions of these regulations.

 

By way of derogation from subparagraph 2, this 6-month transitional period may be extended in exceptional circumstances by the expert or accredited technician for measures that cannot be implemented within the six months. In this case, the measures and deadlines are laid down in writing. The expert or accredited technician monitors the implementation of the measures and decides whether more frequent interim inspections of the container concerned and the installation are required. If, after the transitional period, the faults initially observed have not been remedied, the container or installation is given a red sticker or plate.

 

It is prohibited to fill or allow the filling of containers whose filler hoses are fitted with the red sticker or plate specified in Article 5.6.1.2.9. The operator takes all the necessary measures to return the storage installation to good condition in accordance with the certificate from the recognised environmental expert or fuel oil technician, after which the storage installation is re-inspected. Within fourteen days of the affixing of a red sticker or plate, the operator or, at his/her request, the recognised environmental expert, notifies the division of the Flanders Environment Agency competent for groundwater.

 

It is also prohibited to fill or allow the filling of containers whose filler hoses are not fitted with a sticker or plate specified in Article 5.6.1.2.9.


Article 5.6.1.2.11. Translation not available

Article 5.6.1.2.12. Translation not available

Article 5.6.1.2.13.

§ 1.

If leaks are observed, the operator takes all measures required to avoid the danger of explosion and limit further soil and groundwater pollution to the greatest possible extent.

 

§ 2.

After professional repairs the container may only be brought back into use if it has passed a leak-tightness test as specified in Article 5.6.1.2.8 and a certificate has been issued by an environmental expert in the discipline of containers for gases or dangerous substances, or by a competent expert, or, for the storage of flammable liquids intended for the heating of buildings, by a recognised fuel oil technician. From this certificate it must clearly appear that the container and the installation comply with the regulations of this order.

 

§ 3.

If containers are permanently decommissioned, whether or not because of leaks, within 36 months the container is emptied, cleaned and removed without prejudice to the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials.

 

If it is materially impossible to remove the container, within the same term, after consultation with an environmental expert in the discipline of containers for gases or dangerous substances, with a competent expert or, for the storage of flammable liquids intended for the heating of buildings, with a recognised fuel oil technician, the container is emptied, cleaned and filled with sand, foam or an equivalent inert material. The necessary measures relating to explosion safety and the prevention of groundwater pollution are be taken.

From 1 June 2015, when the container is decommissioned the expert or the recognised fuel oil technician prepares a certificate clearly showing that the decommissioning was performed according to the highest professional standards. This certificate also specifies the name and the recognition number of the expert or the recognised fuel oil technician.


Subsection 5.6.1.3.
Storage of flammable liquids in aboveground containers


Article 5.6.1.3.1. Translation not available

Article 5.6.1.3.2. Fixed containers are built according to the provisions of appendix 5.17.2.

Article 5.6.1.3.3.

§ 1.

The check of the construction of fixed containers takes place in accordance with the provisions of appendix 5.17.2.

 

The check of separately constructed containers is done by an environmental expert in the discipline of containers for gases or dangerous substances, or by a competent expert.

 

The check of containers installed in series may be limited to one prototype; the approval of the prototype is given by an environmental expert in the discipline of containers for gases or dangerous substances, of which the recognition allows the approval of prototypes.

 

 

The report on this approval specifies the checks carried out and is signed by the above-mentioned expert.

 

 

§ 2.

For each container, the operator is in possession of a "declaration of conformity of the container", signed by the constructor and made out in accordance with the model form in appendix 5.17.2.

 

The containers bear the identification plate applied by the constructor.


Article 5.6.1.3.4.

Before the installation of the fixed container it is checked that the container and the foundations meet the regulations of this order.

 

After installation, but before the commissioning of the container, it is checked whether the container, the pipework and the accessories, the overfilling warning or safety system, the bund and the fire-fighting resources, and where appropriate, the leak detection system and the provisions for vapour recovery comply with the regulations of this order.

 

The specified checks are carried out under the supervision of an environmental expert in the discipline of containers for gases or dangerous substances, or a competent expert, or, for the storage of flammable liquids intended for the heating of buildings, a recognised fuel oil technician.


Article 5.6.1.3.5.

§ 1.

An identification plate is applied to fixed containers in a visible and easily accessible place in accordance with appendix 5.17.2.

 

§ 2.

The following indications are applied near the filling opening and in a clearly visible place on the fixed container:

the number of the container;

the name or the code numbers or letters of the stored flammable liquid;

the water content capacity of the container.

 

This paragraph does not apply to storage facilities for flammable liquids intended exclusively for the heating of buildings.


Article 5.6.1.3.6.

§ 1.

The bund and the foundations for fixed containers with an individual water content capacity from 10,000 l are built according to a code of good practice under the supervision of and according to the directions of an architect, a civil engineering architect, a civil structural engineer or an industrial architectural engineer.

 

For storage sites of class 1 or 2, the above-mentioned expert confirms in a certificate that he/she accepts the code of good practice used and that this was adhered to.

 

§ 2.

Fixed containers must be placed on a supporting block or surface of sufficient dimensions to prevent the load causing uneven points of subsidence, which could result in a danger of toppling or breakage. For the installation of containers with an individual water content capacity from 50,000 l, a stability study is carried out by the expert specified in paragraph 1.

 

§ 3.

The bund is resistant to the action of the stored liquids and is impervious. The bund is sufficiently strong to withstand the liquid mass which could escape in the event of the breakage of the largest container placed in the bund.

 

The floor is provided in such a way that the spreading of the leaked liquids remains minimal and the leaked liquids can be easily removed.

 

§ 4.

If the bund is made of earthen dams, these dams are made of a very clayey, solid and strongly compressed earth, of which the gradients are a maximum of 4/4 and the thickness on the top side is at least 50 centimetres. The floor may be made of the same materials. The dams are sown with grass. At the base, carefully calculated supporting walls with a maximum height of one metre may be constructed.

 

§ 5.

The passage of pipework through the bund is only allowed if the sealing of the bund remains assured.

 

§ 6.

If the bund is more than 30 metres wide, the escape ladders or stairs are positioned so that a person fleeing does not have to travel a distance greater than half the width of the bund plus 15 metres to reach an escape ladder or stairs.


Article 5.6.1.3.7.

§ 1.

For storage sites in fixed containers or mobile receptacles located inside a water abstraction area or protection zone, the minimum capacity of the bund is equal to the total water content capacity of all containers or receptacles placed therein.

 

§ 2.

For storage sites in fixed containers located outside a water abstraction area or protection zone, the minimum capacity of the bund must be capable of containing the water content capacity of the largest container. Double-walled containers equipped with a permanent leak detection system do not need to be taken into account.

 

However, if a risk analysis by the operator shows that products in a stored state possess a sufficiently high dynamic viscosity (such as extra heavy fuel oil), an upright edge suffices.

 

When flammable liquids are stored together with dangerous liquids classified in section 17 in a single bund, the strictest conditions are complied with.

 

§ 3.

 

For storage sites located outside a water abstraction area or protection zone for flammable liquids in mobile receptacles, the capacity of the bund may be restricted to 10% of the total water content capacity of the receptacles stored therein. In each case the capacity of the bund is at least equal to the capacity of the largest receptacle placed in the bund.


Article 5.6.1.3.8. Translation not available

Article 5.6.1.3.9.

§ 1.

The construction of all spaces for the processing of flammable liquids is provided in such a way that accidentally spilt substances or leaked liquids can be collected.

 

§ 2.

The contents of a leaking container are immediately loaded or pumped into a different suitable container. Spilt liquids are immediately localised and placed in a drum for this purpose. At the establishment the necessary intervention materials for this, such as absorption and neutralisation materials, oversize drums, protective resources, etc. are present so that a prompt intervention can be made in the case of leaks, faulty packing, spillages and other incidents in order to limit the possible harmful consequences to the greatest possible extent.

 

§ 3.

The collection system and the collection wells are regularly emptied, and at least after each incident. The waste material flows obtained are disposed of in an appropriate manner.


Article 5.6.1.3.10.

All necessary measures are taken to regularly remove any rainwater that may enter the bund.

 

Before the rainwater is removed, the operator ensures there is none of the stored product present in the water. If the water contains stored products, he/she takes all the necessary measures to prevent pollution of soil, groundwater or surface water.


Article 5.6.1.3.11. Translation not available

Article 5.6.1.3.12.

The accessibility of the tank farm is conceived in such a way that:

traffic in the zones where a reasonable danger of fire and explosion exists is kept to a minimum;

the tank farm has easy access;

there is easy access for the intervention material.

vehicles with which products are taken away or delivered are, during loading or unloading, to the extent technically possible, located at a loading/unloading place with larger dimensions than an ordinary road lane.


Article 5.6.1.3.13.

§ 1.

The operator of a tank farm keeps a file at appropriate places at the establishment for the authorised fire brigade, with at least the following information:

a map of the tank farm and the access roads;

a description of the fire-fighting resources with their indication on a map;

a description of the products stored with the main physical and chemical properties (danger cards) and, where applicable, indicating the classification according to the CLP Regulation, the UN number and the ADR code;

the water content capacity of the containers;

the composition of any establishment's own fire service.

    

Any other equivalent manner of providing information is allowed, providing the consent of the supervisor and of the authorised fire brigade has been given.


Article 5.6.1.3.14. Translation not available

Article 5.6.1.3.15.

Following the examinations described in Article 5.6.1.3.4, upon the installation or the periodic examinations specified in Article 5.6.1.3.14, the experts or the recognised fuel oil technician draw(s) up a certificate from which it unambiguously appears whether or not the installation complies with the regulations of this Order. The above-mentioned certificate also specifies the name and the recognition number of the expert or recognised fuel oil technician who carried out the examination.

 

Except in the case of a tank farm, a clearly visible and readable sticker or plate is affixed to or near the filling pipe, which shows its recognition number, the year and the month of either the check upon installation or the last check carried out, and when the following check is to take place.

 

The sticker or plate has the following colour:

green, when the container and the installation comply with these regulations; 

orange, when the container and the installation do not comply with this Order, but the faults determined cannot cause pollution outside the container;

red, when the container and the installation do not comply with this Order and the faults determined could cause or have caused pollution outside the container or if, following a period of not more than six months with an orange label or plate, the same faults are again determined on the container and the installation.


Article 5.6.1.3.16.

Only containers of which the filler pipe is provided with a green sticker or plate as specified in Article 5.17.2.9, may be filled, replenished and operated.

 

Containers of which the filler pipe is provided with an orange sticker or plate specified in Article 5.17.3.17, third paragraph, 2°, may still be filled or replenished for a transitional period of a maximum of six months. This period starts on the first day of the month following the month specified on the relative orange sticker or plate. In this case a new check takes place before the expiry of the above-mentioned term.

 

The awarding of an orange sticker or plate is a one-time issue for the faults observed, i.e. the orange identification sticker or plate is followed by a green or red sticker, depending on whether or not the faults previously observed satisfy the requirements of the provisions of these regulations.

 

By way of derogation from subparagraph 2, this 6-month transitional period may be extended in exceptional circumstances by the expert or accredited technician for measures that cannot be implemented within the six months. In this case, the measures and deadlines are laid down in writing. The expert or accredited technician monitors the implementation of the measures and decides whether more frequent interim inspections of the container concerned and the installation are required. If, after the transitional period, the faults initially observed have not been remedied, the container or installation is given a red sticker or plate.

 

It is prohibited to fill or allow the filling of containers whose filler hoses are fitted with the red sticker or plate specified in Article 5.6.1.3.15. The operator must take all the necessary measures to return the storage installation to good condition in accordance with the certificate from the recognised environmental expert, authorised expert or fuel oil technician, after which the storage installation must be re-inspected. Within fourteen days of the affixing of a red sticker or plate, the operator or, at his/her request, the recognised environmental expert, authorised expert or fuel oil technician notifies the division of the Flanders Environment Agency competent for groundwater.

 

It is also prohibited to fill or allow the filling of containers whose filler hoses are not fitted with a sticker or plate specified in Article 5.6.1.3.15.


Article 5.6.1.3.17. Translation not available

Article 5.6.1.3.18. Translation not available

Article 5.6.1.3.19.

§ 1.

If leaks are observed, the operator takes all the measures required to avoid the danger of explosion and limit further soil and groundwater pollution to the greatest possible extent.

 

§ 2.

After professional repairs, the container may only be brought back into use if a certificate has been issued by an environmental expert in the discipline of containers for gases or dangerous substances, or by a competent expert, or, for the storage of flammable liquids intended for the heating of buildings, by a recognised fuel oil technician. From this certificate it must clearly appear that the container and the installation comply with the regulations of this order.

 

§ 3.

If containers are permanently decommissioned, whether or not because of leaks, within 36 months the container is emptied, cleaned and removed without prejudice to the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials.

 

If it is materially impossible to remove the container, within the same term, after consultation with an environmental expert in the discipline of containers for gases or dangerous substances, with a competent expert, or, for the storage of flammable liquids intended for the heating of buildings, with a recognised fuel oil technician, the container is emptied and cleaned and the necessary measures taken to protect against explosion and avoid soil and groundwater pollution.

 

From 1 June 2015, when the container is decommissioned the expert or the recognised fuel oil technician prepares a certificate clearly showing that the decommissioning was performed according to the highest professional standards. This certificate also specifies the name and the recognition number of the expert or the recognised fuel oil technician.


Section 5.6.2.
Fuel distribution installations for motor vehicles


Subsection 5.6.2.1.
General provisions


Article 5.6.2.1.1. Translation not available

Article 5.6.2.1.2.

Without prejudice to the provisions of this order, the necessary measures are taken to prevent the spillage of liquid fuels and pollution of the soil, groundwater and surface water.

 

In the case of an incident, effective measures are immediately taken to prevent the spreading of liquid fuels.


Article 5.6.2.1.3.

§ 1.

Electrical installations, systems and lighting meet the requirements of the Regulations on Well-being at Work and the General Regulation on Electrical Equipment (AREI), in particular the Articles concerned with spaces where an explosive atmosphere can occur. These installations can be manually stopped from a safe and always easily accessible place.

 

§ 2.

If a dispenser for LPG is located less than 3 metres from petrol and diesel pumps and petrol and diesel dispensing units, the electrical installations of the petrol and diesel pumps and units meet the conditions specified in Article 5.16.4.4.5.

 

§ 3.

It is prohibited to fill an LPG container and a diesel or petrol container at the same time from the same filling station.


Article 5.6.2.1.4. The filling of any vehicle whatsoever may only take place after the engines of this vehicle have been switched off.

Article 5.6.2.1.5.

§ 1.

Fuelling places for motor vehicles for dangerous liquids of group 1 are always in the open air and on the premises of the establishment. The floor of the above-mentioned parking place is impervious and sufficiently supporting. This floor is provided with the necessary gradients and possible raised edges to ensure that any spilled flammable fuels run off to a collector and are removed in accordance with regulatory provisions.

 

No trenches, crawl spaces or rooms may be present under the above-mentioned filling position. 

 

§ 2.

The provisions of paragraph 1 do not apply to "in-line" or "assembly line" systems at vehicle assembly plants where newly assembled vehicles are filled with fuel for the first time. Without prejudice to other legal or regulatory provisions in this matter, the operator takes the necessary protective measures to prevent the risks of fire, explosion and pollution. When filled with fuel, motor vehicles are positioned above a bund to prevent the spread of fire and pollution of the soil or groundwater.


Article 5.6.2.1.6.

Each fixed container that forms part of a dispensing installation for the filling of motor vehicles is equipped with its own filler pipe.

 

The filling point for dangerous liquids of group 1:

is at a horizontal projection at least 2 m from the edge of the container for dangerous liquids of group 1;

is not in a closed or open building;

is located at least 3 m from any basement space and from the boundaries of the plots of third parties.




Subsection 5.6.2.2.
Control of the emission of volatile organic compounds (VOC) during distribution of petrol


Article 5.6.2.2.1.

§ 1.

Without prejudice to the other provisions of this order, the dispensing installations for petrol meet the technical conditions of appendix 5.17.9, §4.

 

§ 2.

The provisions of this Article are not applicable to distribution installations with a throughput of less than 100 m³ per year.


Article 5.6.2.2.2. The operator keeps a register containing the throughput figures. This register is kept at the disposal of the supervisor.

Subsection 5.6.2.3.
Stage II vapour recovery


Article 5.6.2.3.1. This subsection provides for the implementation of Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on stage II petrol vapour recovery during refuelling of motor vehicles at fuel stations.

Article 5.6.2.3.2.

§ 1.

This subsection applies to the filling stations of the establishments specified in subsection 6.5 of the classification list.

 

§ 2.

If the actual or scheduled petrol flow rate does not exceed 100 m³/year, the operator keeps evidence of this available for perusal by the supervisor.

 

§ 3.

Articles 5.6.2.3.3 up to and including 5.6.2.3.8 apply if the actual or scheduled petrol flow rate exceeds 100 m³/year.

 

§ 4.

Articles 5.6.2.3.3 up to and including 5.6.2.3.8 do not apply to the filling stations of establishments that are only used in connection with the manufacture and delivery of new motor vehicles.

 

For the filling stations specified in subparagraph 1, the total emissions released into the atmosphere during filling may not exceed 5 g C per litre of petrol filled. The operator demonstrates that this emission limit value is not exceeded.

 

If post-treatment equipment is used to achieve this emission limit value, at the latest three months from the date of commissioning and thereafter at least once a year a laboratory recognised in the discipline of air draws up a report in which the results of the measurements carried out to determine the average carbon emissions of vapours are discussed and tested against the above-mentioned emission limit value. The maximum interval between two check measurements is 15 months.


Article 5.6.2.3.3.

§ 1.

Petrol is supplied to motor vehicles through a stage II petrol vapour recovery system.

 

§ 2.

An active stage II petrol vapour recovery system as specified in appendix 5.6.2 is used, or another equivalent system if the environmental licence so permits.

 

§ 3.

The petrol vapour collection efficiency is at least 85%.

 

By way of derogation from subparagraph 1, a minimum efficiency of 75% applies to petrol vapour recovery systems of existing filling stations of which the vacuum pump or the control valve has not been replaced on or after 1 January 2012. For existing establishments with an actual or scheduled flow rate of more than 3,000 m³/year, this derogation applies up to and including 30 December 2018. The derogation does not apply to existing filling stations extensively renovated on or after 1 January 2012.

 

§ 4.

The vapour-petrol ratio is at least 0.95 and not more than 1.05.

 

§ 5.

The vapour return lines meet the provisions of Article 5.6.1.1.3. They slope sufficiently that the condensate formed runs to the container.

 

§ 6.

The nozzles collect the vapours from the fuel tank as effectively as possible.

 

The stage II petrol vapour recovery system is free from cracks, holes and other flaws.

 

§ 7.

Components used in the system may not lead to the occurrence of fires or explosions of the recovered petrol vapours.

 

The stage II vapour return and the subsequent stage I vapour return include effective, flame-resistant provisions in the appropriate places.

 

§ 8.

The venting system for the petrol storage tanks is physically separated from the venting system for the diesel fuel storage tanks.

 

Measures are taken to prevent emissions resulting from the operation of the stage II vapour recovery system when the petrol storage tanks are being refilled.

 

§ 9.

In a filling station equipped with a stage II petrol vapour recovery system, a sign, sticker or other notice is placed on or near the petrol pump to make consumers aware of this fact.


Article 5.6.2.3.4.

§ 1.

The stage II petrol vapour recovery system is certified by the manufacturer in accordance with standard EN 16321-1:2013.

 

By way of derogation from subparagraph 1, the stage II petrol vapour recovery system is certified by the manufacturer in accordance with the TÜV inspection method for petrol vapour recovery systems or in accordance with other relevant European technical standards or type approval procedures for petrol vapour recovery systems of existing filling stations certified before 1 September 2015.

 

The certificate of each petrol vapour recovery system explicitly specifies the minimum efficiency specified in Article 5.6.2.3.3, §3.

 

By way of derogation from subparagraph 3, the explicit mention of the efficiency is not required for petrol vapour recovery systems with a minimum petrol collection efficiency of 75% as specified in Article 5.6.2.3.3, §3, subparagraph 2, if the recognised expert can deduce that percentage from the information on the certificate. If the certificate does not include a specific efficiency, the authorised expert notes the minimum efficiency of the petrol vapour recovery system in a certificate as specified in Article 5.6.2.3.6, §3, at the latest by the next limited inspection.

 

§ 2.

Prior to initial commissioning and upon each significant change to the stage II petrol vapour recovery system, the technical conditions specified in Article 5.6.2.3.3 are checked. This initial check includes verification of whether the system was installed correctly.

 

§ 3.

Once a calendar year, without the period between two consecutive measurements exceeding fifteen months, the compliance of the vapour-petrol ratio of the stage II petrol vapour recovery system with the vapour-petrol ratio stated in Article 5.6.2.3.3, §4 is measured in accordance with standard EN 16321-2:2013. The first measurement is carried out at the latest on 31 December 2012.

 

By way of derogation from subparagraph 1, for filling stations with a flow rate of less than 500 m³/year, the measurement of the vapour-petrol ratio may be replaced every two years by the test described in appendix 5.6.3, point 6. The first measurement is carried out at the latest on 31 December 2012 or at the latest two years after the previous measurement.

 

By way of derogation from subparagraph 1, the vapour-petrol ratio is measured every three years if the petrol vapour recovery system is equipped with an automatic monitoring system. The first measurement is carried out at the latest on 31 December 2012 or at the latest three years after the previous measurement.

 

§ 4.

In addition to the measurement specified in paragraph 3, for filling stations with an actual or scheduled flow rate of more than 3,000 m³ the activity of all pumps of the stage II petrol vapour recovery system is tested twice a year, in accordance with the procedure specified in appendix 5.6.3, point 6. The maximum interval between two check tests is 2 months. The first test is carried out at the latest on 31 August 2012.

 

The test frequency specified in subparagraph 1 may be derogated from in accordance with appendix 5.6.3, point 6.

 

§ 5.

The results of the rests specified in appendix 5.6.3, point 6, as well as the date on which the tests are carried out, are noted in the report of the environmental coordinator specified in Article 4.1.9.1.3, §3.


Article 5.6.2.3.5.

Simultaneously with the storage tanks to Shich the system is connected, the stage II vapour recovery system is subject to periodical limited examinations and general examinations. Stage II petrol vapour recovery systems connected to storage tanks made of reinforced thermoset synthetic materials are subject to a general inspection at least every 15 years.

 

If relevant, the limited examinations includes:

 examination of the latest certificates as specified in Article 5.6.2.3.6, §3;

 an examination of the good condition of the installation and of the external visible parts of the stage II petrol vapour recovery system;

 the perusal of the report specified in Article 5.6.2.3.4, §5;

 a check of the conformity of the system and its storage tanks with the certificate, according to the procedure specified in appendix 5.6.3, point 1.

 

The general examination includes the examinations of the limited examination specified in subparagraph 2, as well as the leak-tightness test of the non-accessible single-walled vapour return lines.


Article 5.6.2.3.6.

§ 1.

The initial check, the general examinations and limited examinations, the measurements and tests specified in Article 5.6.2.3.4, paragraphs 2 up to and including 5 and in Article 5.6.2.3.5 are carried out by an environmental expert in the discipline of containers for gases or dangerous substances, or by a competent expert.

 

By way of derogation from subparagraph 1, the test specified in appendix 5.6.3, point 6 may be carried out by the environmental coordinator or by the operator in the presence of the environmental coordinator.

 

§ 2.

Faults or malfunctions in the stage II petrol vapour recovery system are repaired by or under the supervision of the recognised or authorised expert within five working days of being identified. If this period is overrun, the pump is shut down until the repairs have been carried out.

 

§ 3.

For each check specified in Article 5.6.2.3.4, paragraphs 2 and 3 and Article 5.6.2.3.5, where appropriate including the test specified in appendix 5.6.3, point 6, the expert produces a certificate that clearly shows whether the stage II petrol vapour recovery system meets the conditions of the regulations.

 

The certificates specified in subparagraph 1 contain the following information:

the findings of the examinations and measurements carried out; 

the recognition number of the expert who drew up the certificate;

the name and signature of the expert who drew up the certificate.


Article 5.6.2.3.7. It is prohibited to operate a filling station that is located immediately below a building or the vertical projection of a building.

Article 5.6.2.3.8. Translation not available

Section 5.6.3.
Storage depots

[...]


Article 5.6.3.1. [...]

Chapter 5.7.
CHEMICALS


Section 5.7.1.
General provisions


Article 5.7.1.1.

§ 1.

The provisions of this chapter apply to the establishments meant in section 7 of the classification list.

 

§ 2.

The substances falling within the scope of the regulations relating to dangerous substances, in particular the provisions of chapter 5.17., may only be brought into, stored at, used at and removed from the establishment on condition that the provisions of the above-mentioned regulations are strictly adhered to.

 

§ 3.

For the purposes of these provisions, "production capacity" is understood as meaning: the total capacity for an uninterrupted working period of 24 hours, multiplied by the average number of days per year during which the installations can operate, under normal conditions of maintenance and safety. This capacity is expressed in tonnes.


Article 5.7.1.2. Translation not available

Article 5.7.1.3. Translation not available

Article 5.7.1.4. Translation not available

Section 5.7.2.
Production of titanium dioxide


Article 5.7.2.1. This section applies to the establishments that produce titanium dioxide specified in section 7.11.2°, e) of the classification list

Article 5.7.2.2.

§ 1.

It is prohibited to discharge the following waste materials:

solid waste materials;

mother liquors originating in the filtration phase after hydrolysis of the solution of titanyl sulphate of installations that apply the sulphate process, including acid waste materials that are combined with these lyes and on average contain more than 0.5% free sulphuric acid and various heavy metals and, including the mother liquors that are diluted until they contain 0.5% or less free sulphuric acid;

waste materials from installations that apply the chloride process and contain more than 0.5% free hydrochloric acid and various heavy metals, including waste materials that are diluted until they contain 0.5% or less free hydrochloric acid;

filtration salts, sludges and liquid waste arising from the treatment (concentration or neutralisation) of the waste materials specified under points 2° and 3° and containing various heavy metals, but not including neutralised and filtered or decanted waste containing only traces of heavy metals and which, before any dilution, has a pH value above 5.5;

 

 

§ 2.

Emissions in water may not exceed the following emission limit values:

installations that make use of the sulphate process (annual average): 550 kg of sulphate per tonne of titanium dioxide produced;

installations that make use of the chloride process (annual average):

a)

130 kg of chloride per tonne of titanium dioxide produced when using natural rutile;

b)

228 kg of chloride per tonne of titanium dioxide produced when using synthetic rutile;

 c)

330 kg of chloride per tonne of titanium dioxide produced when using slag; For installations that discharge into salt water (in estuaries, along the coast, in the open sea), an emission limit value may apply of 450 kg of chloride per tonne of titanium dioxide produced when using slag;

installations that make use of the chloride process and use more than one type of ore: the values specified in point 2°, in proportion to the quantities in which these ores are used.

 


Article 5.7.2.3.

§ 1.

The emission of acid droplets into the air from installations is prevented.

 

§ 2.

The following emission limit values apply to the discharged waste gases:

for dust: an hourly average of 50 mg/Nm³ from the principal sources and an hourly average of 150 mg/Nm³ from other sources;

for discharges of gaseous sulphur dioxide and sulphur trioxide produced by digestion and roasting, including acid droplets, calculated as SO2 equivalent:

a)

1)

if use is made of the sulphate process: an annual average of 6 kg per tonne of titanium dioxide produced;

 

2)

if use is made of the chloride process: an annual average of 1.7 kg per tonne of titanium dioxide produced;

b)

an hourly average of 500 mg/Nm³ for installations for the concentration of waste acids;

for chloride in the case of installations that make use of the chloride process:

a)

a daily average of 5 mg/Nm³;

b)

up to an instantaneous value of 40 mg/Nm³;

 


Article 5.7.2.4.

The monitoring of emissions into the air at least includes the continuous measurement of:

discharges of gaseous sulphur dioxide and sulphur trioxide produced by digestion and roasting from establishments for the concentration of waste acids in installations that make use of the sulphate process;

chloride from the principal sources in installations that make use of the chloride process;

dust from the principal sources.

 


Article 5.7.2.5.

The monitoring of emissions into air is carried out in accordance with the measuring methods specified in appendix 4.4.2. The monitoring of emissions in water is carried out in accordance with the measuring methods specified in appendix 4.2.5.2.

 

If no measuring methods are specified, CEN standards are followed.

 

If no CEN standards exist, ISO standards, national standards or international standards are used that guarantee that information of an equivalent scientific quality is obtained.


Section 5.7.3.
The production of sulphur dioxide, sulphur trioxide, sulphuric acid or oleum


Article 5.7.3.1.

§ 1.

The provisions of this section apply to the establishments producing sulphur dioxide, sulphur trioxide, sulphuric acid or oleum meant in section 7 of the classification list.

 

§ 2.

For the implementation of these provisions, the "conversion efficiency of SO2 to SO3" is defined as follows:

 

SO2in - SO2out

conversion efficiency = ---------------------------- x 100 (%)                             

SO2in

 

 

In this formula, SO2in and SO2out are the SO2 loads in the gas flow before and after conversion.

 

§ 3.

The conversion rate takes into account the effect of any add-on techniques designed to limit the SO2 emissions.


Article 5.7.3.2.

§ 1.

If - in view of the gases used as raw material - it is technically possible from the viewpoint of the best available techniques, the double-contact process must be used for the conversion of SO2 to SO3. The use of any alternative process is allowed, on condition that such process is at least equivalent from the perspective of pollution control and in particular on condition that it guarantees the same or higher conversion rates.

 

§ 2.

The single contact process (no interim absorption) is only permitted if gases are used as a raw material with an SO2 concentration of less than 10%. For installations licensed for the first time on 1 January 2010 or later, this is permitted only if the SO2 concentration in the raw material gases is less than 5%.

 

§ 3.

The wet catalytic process is allowed only with molybdenum sulphide roasting and for waste gas desulphurisation.

 

§ 4.

[...]

The conversion rate, as a daily average, is at least: 

   

a)

dry gas processes:

1)

in application of the single contact process: 

a.

in varying gas conditions: 99.1%

b.

with constant gas conditions: 99.7%

2)

in application of the double contact process:

a.

in varying gas conditions: 99.7% 

b.

with constant gas conditions:

-

for installations licensed prior to 1 January 2010: 99.8%

-

for installations licensed on 1 January 2010 or later: 99.9%

   

b)

wet gas processes: when using the wet catalysis process, a conversion rate of at least 98.0% must be achieved. In the case of installations licensed for the first time on 1 January 2010 or later, the minimum conversion rate is 99.0%.

 

The conversion rate, as a daily average, is at least:

a)

the minimum conversion rate, as an annual average, minus 0.6% when using the single contact process or the wet catalysis process;

b)

the minimum conversion rate, as an annual average, minus 0.2% when using the double contact process. 

   

 

 

§ 5.

The following emission limit values apply to the discharged waste gases:

sulphur dioxide: 1,700 mg/Nm³ without prejudice to the conversion rate specified in Article 5.7.5.1;

sulphur trioxide;

 

a)

with constant gas conditions: 60 mg/Nm³;

 

b)

in the other cases: 120 mg/Nm³.

 

§ 6.

[...]

 

§ 7.

The conversion rates specified in § 4 of this Article do not apply to class 3 SO3 generators that are used to stimulate the separation of fly ash by the injection of SO3 into the waste gases of heating installations. For the waste gases treated in this way, the SO3 emission limit values of the corresponding combustion plant apply.


Article 5.7.3.3. To detect as quickly as possible any abnormal increase in sulphur dioxide emissions, the operator carries out, on his/her own initiative and at his/her own expense, continuous monitoring of the appropriate process parameters. The data are archived for at least three years and kept available for perusal by the supervisory authority.

Section 5.7.4.
Production of nitric acid


Article 5.7.4.1.

§ 1.

The provisions of this section apply to the establishments producing nitric acid meant in subsection 7.1 of the classification list.

 

§ 2.

For nitrogen oxides in the discharged waste gases, expressed as NO2, an emission limit value applies, as a monthly average, of 190 mg/Nm³ for installations for which the first licence to operate was issued before 1 January 2014, and an emission limit value, as a monthly average, of 160 mg/Nm³ for installations for which the first licence to operate was issued on or after 1 January 2014.

 

In addition, the waste gases may only be emitted into the ambient air if colourless.


Section 5.7.5.
Production of chlorine


Article 5.7.5.1. Translation not available

Section 5.7.6.
Production of sulphur


Article 5.7.6.1.

§ 1.

The provisions of this section apply to the establishments producing sulphur meant in subsection 7.1 of the classification list.

 

§ 2.

At Claus process installations, the following sulphur conversion efficiencies must be achieved:

 

for a production capacity up to and including 20 tonnes of sulphur a day: 97%

for a production capacity of over 20 tonnes up to and including 50 tonnes of sulphur a day: 98%

for a production capacity of over 50 tonnes of sulphur a day:

a)

99.5% at Claus process installations for which the first licence for operation was granted on or after 1 January 2004;

b)

99% for Claus process installations other than those meant in a).

 

§ 3.

An emission limit value of 10 mg/Nm³ applies for hydrogen sulphide in the discharged waste gases that are pretreated in a post-combustion installation.

 

§ 4.

The SO2 emission concentrations and sulphur conversion efficiency of Claus process installations that form part a petroleum refinery are regulated by Article 5.20.2.2 and 5.20.2.7 ("Petroleum refineries") of chapter 5.20. 


Section 5.7.7.
Production of organic chemicals or solvents


Article 5.7.7.1.

§ 1.

The provisions of this section apply to the establishments producing organic chemicals or solvents meant in section 7 of the classification list.

 

§ 2.

Waste gases from installations producing 1,2- dichloroethane and vinyl chloride are drawn off to a waste gas treatment installation. During this process, the following conditions must be met:

an emission limit value of 5 mg/Nm³ applies to 1,2-dichloroethane in the discharged waste gases;

an emission limit value of 0.1 ng TEQ/Nm³ applies to dioxins and furans. The average values are determined over a sampling period of at least six hours and at most eight hours. The emission limit value relates to the total concentration of dioxins and furans calculated using the concept of "toxic equivalence".

 

The mass concentration of dioxins and furans must be measured at least once a year on the initiative and at the expense of the operator, according to the requirements of the standard NBN EN 1948 by a laboratory recognised in the discipline of air as specified in Article 6, 5°, b) of VLAREL. Each emission limit value measured meets the emission limit value set, allowance made for accuracy specified to in Article 4.4.4.2, §5. Should the concentration exceed the emission limit value after allowance is made for accuracy, a new sample and analysis are required within a three-month period.

 

§ 3.

The waste gases from the reactor system and the absorber of an installation for the production of acrylonitrile are ducted to an incineration plant. An emission limit value of 0.2 mg/Nm³ applies to acrylonitrile in the discharged waste gases. The waste gases released during purification of the reaction products (distillation) and during filling are ducted to a waste gas treatment installation.


Section 5.7.8.
Production of hydrocarbons in petrochemical installations not belonging to an oil refinery


Article 5.7.8.1.

§ 1.

The provisions of this section apply to the establishments producing hydrocarbons meant in section 7.3 of the classification list.

 

§ 2.

Waste gases discontinuously released by process installations such as waste gases resulting from the regeneration of catalytic agents or with inspection and cleaning activities must be ducted to an incineration plant, or equivalent abatement measures must be taken.

 

§ 3.

Waste gases released upon starting up or shutting down an installation must, to the greatest possible extent, be transported to a collection system for waste gas or incinerated in process combustion plants. If this is not possible, the waste gases must be transported to a flare in which an emission level for organic substances of 1% regarding the total carbon content may not be exceeded.

 

§ 4.

Waste gases from desulphurisation installations or other sources with a volume level of hydrogen sulphide of over 0.4% and a mass flow of hydrogen sulphide of over 2 tonnes/day are further processed.

 

Waste gases which are not further processed are transported to a post-combustion incinerator.

 

 

An emission limit value of 10 mg/Nm³ applies to hydrogen sulphide in the discharged waste gas.

 

Water containing hydrogen sulphide may only be processed if no waste gas can escape into the atmosphere.

 

§ 5.

During the transfer of base, intermediary and end products, the emissions of organic substances with a vapour pressure of over 13.3 kPa at a temperature of 35° C must be reduced by means of appropriate measures, such as by gas displacement systems, extraction and transfer to a waste gas treatment installation.

 

§ 6.

[...]

 

§ 7.

Process water may only be discharged into an open system after degassing. The waste gases collected during this process must be cleaned by washing or incineration.


Section 5.7.9.
Production of carbon


Article 5.7.9.1.

§ 1.

The provisions of this section apply to establishments producing carbon (hard lignite) or electrographitic carbon (e.g. used in electrodes, current collectors or parts for appliances) meant in subsection 7.1 of the classification list.

 

§ 2.

The following emission limit values for organic substances, expressed in mg/Nm³, apply to the discharged waste gases:

for mixing and moulding, from mixing and moulding installations where pitch, tar or other volatile binders and liquefiers are processed at increased temperatures, expressed as total organic carbon: 100 mg/Nm³;

for combustion, from furnaces with one chamber, furnaces with combined chambers and tunnel kilns, expressed as total organic carbon: 500 mg/Nm³;

for combustion, from annular kilns for graphite electrodes and carbon blocks, expressed as total organic carbon: 200 mg/Nm³;

for impregnation, from impregnating installations where tar-based impregnating agents are used, expressed as total organic carbon: 50 mg/Nm³.

 


Section 5.7.10.
Manufacture of peroxides


Article 5.7.10.1. Translation not available

Section 5.7.11.
Production of polyvinyl chloride


Article 5.7.11.1.

§ 1.

The provisions of this section apply to the establishments producing polyvinyl chloride meant in section 7 of the classification list.

 

§ 2.

At the transition from the closed system for polymerisation or drying to the open system, the residues of vinyl chloride (VC) in the polymerisate must be kept as low as possible. During this process, the following maximum monthly average values may not be exceeded:

 

- mass-PVC:

10 mg VC / kg PVC;

- suspension-homopolymerisates:

0.10 g VC / kg PVC;

- suspension-copolymerisates:

0.40 g VC / kg PVC;

- micro-suspension-PVC and emulsion-PVC:

1.5 g VC / kg PVC.

 

 

§ 3.

To further reduce the mass concentration of vinyl chloride in the waste gas, insofar as possible the waste gas of the drying installation must be used as combustion gas in combustion plants.


Section 5.7.12.
Production of caprolactam


Article 5.7.12.1.

§ 1.

The provisions of this section apply to the establishments producing caprolactam meant in section 7 of the classification list.

 

§ 2.

During the production of caprolactam according to the Raschig-process, NO2-emissions may not exceed 15 kg NOx/tonne of caprolactam produced.


Section 5.7.13.
Production of polyacrylonitrile plastics


Article 5.7.13.1.

§ 1.

This section applies to the establishments meant in section 7 of the classification list.

 

§ 2.

Production and processing of acrylonitrile polymerisates for fibres.

 

An emission limit value of 20 mg/Nm³ applies to acrylonitrile in the discharged waste gas from drying installations.

 

The waste gases containing acrylonitrile originating from the reaction boilers, the intensive production of waste gases, the suspension collection tank and the washing filter are ducted to a waste gas treatment installation. An emission limit value of 10 mg/Nm³ applies to acrylonitrile in the discharged waste gas.

 

During the spinning into fibres of the polymer, the waste gas flows with an acrylonitrile content of over 5 mg/m³ are ducted to an air emission abatement installation for waste gas.

 

§ 3.

Production of ABS resins.

 

Emulsion polymerisation:

the acrylonitrile-containing waste gases released during polymerisation, during precipitation or during cleaning of the reactor are ducted to an incineration plant; for the emissions of acrylonitrile in the waste gas of the drying installation, an emission limit value of 25 mg/Nm³ applies as monthly average;  

Combined solution/emulsion polymerisation:

the acrylonitrile-containing waste gases released from the reactors, during intermediary storage, during precipitation, during dehydration, during the recycling of solvents and at the mixers are ducted to an incineration plant; for the acrylonitrile emissions released near the mixer exhaust, an emission limit value of 10 mg/Nm³ applies as monthly average. 

 

§ 4.

The production of nitrile rubber (NBR).

 

The acrylonitrile-containing waste gases released from the butadiene recycling, during the intermediary storage of the latex and during the washing of the solid rubber are ducted to an incineration plant.

 

The waste gases released from the acrylonitrile recycling are ducted to a waste gas treatment installation.

 

For the emissions of acrylonitrile in the waste gas of the drying installation, an emission limit value of 15 mg/Nm³ applies.

 

§ 5.

The production of dispersions by emulsion polymerisation of acrylonitrile.

 

The acrylonitrile-containing waste gases released from the monomer receiving vessels, the reactors, the intermediary storage tanks and from the condensers are ducted to a waste gas treatment installation if the acrylonitrile-content exceeds 5 mg/m³.


Section 5.7.14.
Production and processing of viscose


Article 5.7.14.1.

§ 1.

This section applies to the establishments meant in section 7.2, h) of the classification list.

 

§ 2.

The waste gases from the viscose production, from the reprocessing of the spinning bath and from the post-treatment to produce textile rayon are ducted to a waste gas treatment installation.

 

The following emission limit values apply to the discharged waste gas:

for hydrogen sulphide: 5 mg/Nm³ as daily average value.

for carbon disulphide: 0.10 g/Nm³ as daily average value.

 

§ 3.

During the production of cellulose wool and cellophane, the waste gases from the spinning machines and from the post-treatment are ducted to an air emission abatement installation.

 

The following emission limit values apply to the discharged waste gas:

for hydrogen sulphide: 5 mg/Nm³ as daily average value.

for carbon disulphide: 0.15 g/Nm³ as daily average value.

 

§ 4.

The best available techniques are applied to limit to a minimum and if possible prevent the emissions of hydrogen sulphide and carbon disulphide.

 

The following emission limit values apply to the discharged waste gas:

for hydrogen sulphide: 50 mg/Nm³ as a daily average;

for carbon disulphide, depending on the viscose product:

 

a)

cellulose wool: 150 mg/Nm³;

 

b)

cellophane: 150 mg/Nm³;

 

c)

rayon (textile): 150 mg/Nm³;

 

d)

synthetic casings: 400 mg/Nm³;

 

e)

synthetic chamois: 400 mg/Nm³;

 

d)

rayon (technical): 600 mg/Nm³.

 


Section 5.7.15.
Production of enamel


Article 5.7.15.1. The provisions of this section apply to the establishments producing enamel meant in section 7 of the classification list.

Article 5.7.15.2. Translation not available

Section 5.7.16.
Batch processes in the production of fine chemicals and pharmaceuticals


Article 5.7.16.1.

For processes in the production of fine chemicals and pharmaceuticals the conditions for the emission limit value in mg/Nm³ for batch processes not exceeding 500 kg of pure final product per batch, are replaced by the following regulation:

 

the process must comply with a maximum total emission of at most 15% of the solvents input.


Section 5.7.17.
Production of soda


Article 5.7.17.1. This section applies to the establishments for the production of soda specified in section 7.9 of the classification list.

Article 5.7.17.2.

An emission limit value for CO of 175 mg/Nm³ applies to the discharged waste gases from the combustion plants for the production of soda.

 

The concentration of CO in the waste gases from the combustion plants for the production of soda is measured continuously.

 

The installation complies with the emission limit value specified in subparagraph 1 if it appears from the evaluation of the results of the continuous measurements for the operating period during a calendar year that no validated monthly average is greater than the applicable emission limit value and no validated daily average is greater than twice the applicable emission limit value.


Chapter 5.8.
DIAMOND CUTTING AND POLISHING


Article 5.8.0.1.

Without prejudice to the provisions of the Royal Decree of 17 April 1970 concerning the recognition of workshops in the diamond industry, the establishments meant in section 8 of the classification list must comply with the following conditions:

the dust emissions originating from the diamond cutting and polishing must be collected at their place of origin and emitted via a stack that is at least one metre higher than the ridge of the roof of the establishment;

the following emission limit values apply to total dust particles regarding the waste gases emitted through the stack meant in point 1°:

a)

at a mass flow <= 500 g/h: 150.0 mg/Nm³;

b)

at a mass flow > 500 g/h: 50.0 mg/Nm³.

 


Chapter 5.9.
ANIMALS


Section 5.9.1.
Scope


Article 5.9.1.1.

§ 1.

The provisions of this chapter apply to the establishments meant in subsections 9.3, 9.4, 9.5, 9.6, 9.7, 9.8 and 9.9 of the classification list as well as to the storage sites for manure meant in subsection 28.2 of the classification list that are associated with the above-mentioned establishments.


Article 5.9.1.2. [...]

Section 5.9.2.
Additional conditions for limiting emissions of ammonia


Animal housing.


Article 5.9.2.1.

§ 1.

Animal housing must be built using durable and sound materials, in accordance with a code of good practice or - failing such code - according to the rules of good workmanship, under the supervision of a certified architect, an engineering architect, a civil architectural engineer, an industrial architectural engineer, an agricultural engineer or a bio-engineer, in such a way that the nuisance for the environment is prevented or restricted to the normal level of nuisance caused by neighbours.

 

§ 2.

The full floor surfaces in animal housing are made of hardened material. They must be manureproof. If necessary, the manureproofness must be ensured by the application of a manure-resistant impermeable layer. These floor surfaces are sloping, to ensure the easy removal of manure, slurry or flush water.

 

§ 3.

It is prohibited to equip these floor surfaces of animal housing, manure pipework and slurry tanks with overflows or drainage channels to a surface water, a public sewer, an artificial drainage route for rainwater or a septic pit.


Additional construction and usage conditions for animal housing regarding the limitation of the emission of ammonia.


Article 5.9.2.1bis. Translation not available

Storage sites for solid manure outside animal housing.


Article 5.9.2.2. Translation not available

Storage sites for slurry.


Article 5.9.2.3. Translation not available

Places provided for manure treatment or manure processing installations.


Article 5.9.2.4.

§ 1.

During the use of an installation for the treatment or the processing of manure, the necessary measures are taken in order to ensure that any spilt manure can be collected and replaced in the existing manure storage site.

 

The operator takes all necessary measures with the objective of ensuring that cleaning water, leachate or manure cannot enter the soil, and certainly cannot enter drains intended for the drainage of rainwater


Section 5.9.3.
General conditions regarding the location of animal housing


Article 5.9.3.1. [...]

Section 5.9.4.
General conditions regarding the location of animal housing


Rating.


Article 5.9.4.1. Translation not available

Rating per establishment.


Article 5.9.4.2.

The rating to be taken into consideration for the establishment is calculated as specified below.

 

Sties:

a)

Per sty:
Each sty belonging to the establishment is given a rating "Wst", which is the sum of the scores awarded in accordance with Article 5.9.4.1. to the housing system (in point 1) of Article 5.9.4.1.) and to the ventilation system (in point 2) of Article 5.9.4.1.).

b)

For all poultry houses belonging to the establishment:
If the establishment encompasses multiple sties, all sties belonging to the establishment are awarded a joint rating "Wv", which is the weighted average calculated as follows:

where:
Wv = the rating awarded to all of the sties belonging to the establishment;

Σ (Wstn × Vstn) = the sum of the products per sty of the rating for the sty and the number of places for pigs in the sty concerned;

Σ Vstn = the sum of the number of places for pigs for all of the sties belonging to the establishment.

The storage of solid manure and slurry:

a)

Per manure storage site:
In accordance with Article 5.9.4.1. a rating is awarded to each solid manure storage site (cf. point 3) of Article 5.9.4.1.) and to each slurry storage site (cf. point 4) of Article 5.9.4.1.) belonging to the establishment.

b)

For all manure storage sites belonging to the establishment:
If the establishment encompasses multiple manure storage sites, all establishments belonging to the establishment are awarded a joint rating "Wm", which is the weighted average calculated as follows:

where:
Wm = the rating awarded to all slurry and solid manure storage facilities belonging to the establishment;

Σ (WMon × A) = the sum of the products per manure or slurry storage site of the rating for the storage site and of the number of animals of which the slurry or manure is collected in the storage site concerned;

Σ A = the sum of the number of animals of which the manure is collected in the storage site concerned.

The establishment:
The rating awarded to the establishment is equal to the sum of the ratings awarded in accordance with points 1° and 2° above to all the sties belonging to the establishment, on the one hand, and to the manure storage sites belonging to the establishment, on the other hand.

 

 


Prohibitory rules and stipulations of distances to be observed.


Article 5.9.4.3.

It is prohibited to operate pig farms if they are located:

wholly or partially in a catchment basin and/or type I, II or III protected zone;

wholly or partially in an area other than an agricultural area.

 


Article 5.9.4.4.

At least the following distance must be maintained between each sty and/or storage area for solid manure or mixed manure in an installation located in an agricultural area on the one hand, and any residential development area, natural area of scientific value or nature reserve, area for residential recreation or residential area other than a residential area with a rural character indicated on the regional plan, or any forestry reserve indicated in the Forest Decree of 13 June 1990 on the other hand, based on the number of pigs kept in the installation, expressed in pig units, and on the number of rating points awarded to the installation in accordance with Article 5.9.4.2:

 

Rating points awarded

to the installation

Minimum distance in metres for the following numbers of pig units

from 100

to 500

from 501

to 1,050

from 1,051

to 1,575

from 1,576

to 2,100

from 2,101

to 2,625

more than

2,625

<50

250

300

350

prohibition

prohibition

prohibition

50 - 100

200

225

250

300

350

400

101 - 150

100

150

200

250

300

350

151 - 200

50

100

150

200

250

300

> 200

50

50

100

150

200

300

 

for the application of the above-mentioned provisions:

one sow and piglets is considered equivalent to 2.5 pig units;

any other pig > 10 weeks is considered equivalent to 1 pig unit


Article 5.9.4.5. [...]

Article 5.9.4.6.

§ 1.

[...]

 

§ 2.

[...]


Section 5.9.5.
General conditions regarding the location of animal housing


Rating.


Article 5.9.5.1. Translation not available

Rating per establishment.


Article 5.9.5.2.

The rating to be taken into consideration for the establishment is calculated as specified below.

Poultry houses:

a)

Per poultry house:
Each poultry house belonging to the establishment is given a rating "Wst", which is the sum of the scores awarded in accordance with Article 5.9.5.1. to the housing system (in point 1) of Article 5.9.5.1.) and to the ventilation system (in point 2) of Article 5.9.5.1.).

b)

c)

For all poultry houses belonging to the establishment:
If the establishment encompasses multiple poultry houses, all poultry houses belonging to the establishment are awarded a joint rating "Wp", which is the weighted average calculated as follows:


where:
Wp = the rating awarded to all of the poultry houses belonging to the establishment; 
Σ (Wstn × Pstn) = the sum of the products per poultry house of the rating for the poultry house and the number of places for poultry in that poultry house;
Σ Pstn = the sum of the number of poultry that can be kept in all the poultry houses belonging to the establishment.

Manure storage sites:

a)

Per manure storage site:
Regarding the storage of manure (cf. point 3) of Article 5.9.5.1.) belonging to the establishment, a rating is awarded in accordance with Article 5.9.5.1.

b)

For all manure storage sites belonging to the establishment:
If the establishment encompasses multiple manure storage sites, all establishments belonging to the establishment must be awarded a joint rating "Wm", which is a weighted average calculated as follows:

where:
Wm = the rating awarded to all manure storage facilities belonging to the establishment;

Σ (WMon × A) = the sum of the products per manure storage site of the rating for the facility and of the number of animals of which the manure is collected in the facility concerned;

Σ A = the sum of the number of animals of which the manure is collected in the storage site concerned.

The establishment:
The rating awarded to the establishment is equal to the sum of the ratings awarded in accordance with points 1° and 2° above to all the poultry houses belonging to the establishment, on the one hand, and to the various types of manure storage sites belonging to the establishment, on the other hand.

 


Prohibitory rules and stipulations of distances to be observed.


Article 5.9.5.3.

§ 1.

The operation of establishments comprising one or more poultry houses with slurry manure and wholly or partly located in a water abstraction area and/or type I, II or III protected zone is prohibited, irrespective of the number of poultry kept at the establishment.

 

§ 2.

The operation of establishments comprising one or more poultry houses with a joint total of more than 2,000 birds located wholly in areas other than residential areas with a rural character or agricultural areas is prohibited.

 

§ 3.

The operation of establishments comprising one or more poultry houses with a joint total of over 10,000 birds located wholly in areas other than agricultural areas is prohibited.

 

§ 4.

At least the following distance must be maintained, between each animal housing facility and/or manure storage site at an establishment located in a rural residential area, on the one hand, and each of the residential development areas, conservation areas with scientific value or nature reserves, forestry reserves, areas for residential recreation and residential areas other than a rural residential area, indicated in the regional land-use plan on the other hand, according to the number of poultry units that are kept at the establishment and according to the rating calculated for the establishment in accordance with Article 5.9.5.2.:

 

 

Minimum distance requirement in m relating to number of poultry units

Rating granted to the installation

< 5,000

from 5,001 to 10,000

< 75

100

150

75 - 150

75

100

151 or more

50

75

 

In an establishment comprising one or more poultry houses and located wholly in a rural residential area, it is prohibited to keep more chickens or other poultry than the number allowed according to the above-mentioned criteria and the stipulations of distances to be observed.

 

§ 5.

At least the following distance must be maintained, between each animal housing establishment and/or manure or slurry storage site at an establishment located in an agricultural area, on the one hand, and each of the residential development areas, conservation areas with scientific value or nature reserves, forestry reserves, areas for residential recreation and residential areas other than rural residential areas indicated on the regional land-use plan on the other hand, according to the number of poultry units that are kept at the establishment and according to the rating calculated for the establishment in accordance with Article 5.9.5.2.:

 

Rating granted to the installation

Minimum distance requirement in m relating to number of poultry units

≤ 5,000

from 5,001 to 10,000

from 10,001 to 20,000

from 20,001 to 40,000

from 40,001 to 60,000

from 60,001 to 80,000

> 80,000

< 75

100

150

200

300

400

prohibition

prohibition

75 -150

75

100

150

225

300

prohibition

prohibition

151 -200

50

75

100

150

200

250

300

> 200

50

75

100

150

200

225

250

In an establishment comprising one or more poultry houses and located wholly in an agricultural area, it is prohibited to keep more chickens or other poultry than the number allowed according to the above-mentioned criteria and the stipulations of distances to be observed.

 

§ 6.

[...]


Section 5.9.6.
Additional conditions regarding the location of animal housing other than sties and poultry houses


Article 5.9.6.1. Translation not available

Section 5.9.7.
Conditions regarding monitoring establishments


Article 5.9.7.1.

§ 1.

In establishments with slurry in which either over 2,500 pigs, or over 1,500 native large mammals other than pigs, or over 40,000 poultry can be kept, or in establishments that are wholly or partly located within protected zones for groundwater abstraction, at the operator's expense observation pipes (measuring wells) are placed judiciously.

 

The observation pipes are made of a material that cannot be affected by the stored liquids. They are fitted according to the rules of good workmanship as shown in appendix 5.9. to this order or according to another equivalent code of good practice.

 

The number of pipes and the nature of their placement, as well as the type used and their length, are determined after consultation with the supervisory authority and, where appropriate, with the operator of the water abstraction facility to be protected.

 

§ 2.

However, after consultation with the supervisory authority and, where appropriate, with the operator of the water abstraction facility to be protected, the observation pipes meant under § 1 may be replaced by equivalent control facilities taking into account the hydrogeological information about the soil.

 

§ 3.

The plans for the work and the drilling reports of the observation pipes or monitoring facilities meant in §§ 1 and 2 above are made available to the supervisory authority.


Section 5.9.8.
Conditions regarding the limitation of environmental nuisance


The prevention of odour pollution when ventilating animal housing.


Article 5.9.8.1.

§ 1.

The ventilation of animal housing, whether mechanical or natural, is performed in such a way that pollution of the ambient air is prevented or restricted to the normal level of nuisance caused by neighbours.

 

§ 2.

Insofar as they do not have a function for ventilation, windows are kept closed. Outside doors that are not designed to play a role in the ventilation of the animal housing are only open to allow people, animals or goods to enter the building, or in the event of force majeure.


The prevention of nuisance caused by dust originating from dry fodder.


Article 5.9.8.2. Dry fodder which may give rise to nuisance caused by dust is stored either in silos or kept in packaged form.
Measures are taken to prevent the undesired spreading of dust during the filling of the fodder silos, or limit it to a limit value that is acceptable from an environmental point of view.

Manure.


Article 5.9.8.3.

§ 1.

It is prohibited to spread or store solid manure or slurry within the establishment but outside the storage areas provided specifically for this purpose.

 

§ 2.

[...]

 

§ 3.

The manure produced must be disposed of in an environmentally sound manner, in accordance with the Decree of 22 December 2006 on the protection of water against nitrate pollution from agricultural sources and the executive decisions providing for its enforcement.


General measures for environmental protection.


Article 5.9.8.4. Translation not available

Waste waters.


Article 5.9.8.5. Translation not available

Section 5.9.9.
Conditions regarding supervision


Article 5.9.9.1. The operator must ensure that the establishment is kept in good condition - in particular the animal housing, the storage facilities for manure and slurry and accessories - by regular maintenance and checks.

Article 5.9.9.2.

§ 1.

The operator of an establishment as meant in Article 5.9.7.1. § 1 checks the groundwater for the presence of slurry originating from leaks at least every 3 months.

 

§ 2.

In addition, the operator specified in §1 must have a groundwater analysis carried out at his/her expense at least every 3 years by a laboratory recognised in the discipline of water, sub-area groundwater as specified in Article 6, 5°, a) of VLAREL.

The operator sends a copy of the analysis results to the division competent for environmental enforcement and, where appropriate, to the operator of the water abstraction to be protected. The operator of an establishment located in a protected zone must also allow the checking of the measuring wells by the water company concerned when this company so requests.

 

§ 3.

If it appears from the observation pipes or equivalent inspection provisions meant in § 1 or from other observations that the manure sealing of the stalls or manure storage sites is no longer assured, the operator takes the necessary measures to restore this sealing as quickly as possible. No young or additional animals may be brought in while awaiting repairs. The execution of the repairs must take place by a certified architect, an engineering architect, a civil architectural engineer, an industrial architectural engineer, an agricultural engineer (farm construction) or an agricultural bio-engineer (agricultural).

 


Article 5.9.9.3. Upon final decommissioning of a manure storage site, the storage site must be completely emptied.
During this process the necessary measures are taken related to protection against explosion and the prevention of soil, surface area and groundwater pollution.

Article 5.9.9.4.

§ 1.

[...]

 

§ 2.

 

If the operator is aware of any serious pollution related to the operation of the establishment, in particular on the basis of the checks meant in the Articles 5.9.9.1. and/or 5.9.9.2., he/she must report this to the division competent for environmental enforcement specified in §1 immediately.

 


Section 5.9.10.
Conditions concerning existing animal housing and manure storage sites


Article 5.9.10.1. Translation not available

Section 5.9.11.
Additional conditions regarding manure handing and/or manure processing with animal housing


Follow-up of the nutrient flow.


Article 5.9.11.1. The operator maintains a register of all manure treatment and/or manure processing.

Article 5.9.11.2. The operation of manure handling and manure processing installations must meet the provisions specified in Article 5.28.3.4.2, 5.28.3.5.1, 5.28.3.5.2 and 5.28.3.5.3.

Section 5.9.12.
Environmental conditions relating to establishments at which dogs are kept


Article 5.9.12.1. The provisions of this section apply to the establishments specified in section 9.9 of the classification list, with the exception of establishments for the training of dogs.

Article 5.9.12.2. Translation not available

Chapter 5.10.
BEVERAGES


Article 5.10.0.1. The provisions of this chapter apply to the establishments meant in section 10 of the classification list.

Article 5.10.0.2. [...]

Article 5.10.0.3.

§ 1.

[...]

 

§ 2.

[...]

 

§ 3.

Vapours, mists and waste gases are collected where they originate and removed to a waste gas treatment installation.

 

§ 4.

The necessary measures must be taken to prevent dust explosions. In particular to this end, in addition to the measures prescribed in § 3, the necessary precautions must be taken to prevent the formation of electrostatic charges. To this end all metal parts of the installations, of the extractor and of the storage tanks as well as of the loading and unloading establishments must be earthed.


Article 5.10.0.4.

§ 1.

The rooms where the distilling installations are located may only be heated by means of appliances of which the location and use offer sufficient guarantees against any danger of fire or explosion.

 

§ 2.

Buckets filled with dry sand or fire extinguishers in good condition must be placed near the work stations and the exits of the rooms meant in § 1.

 

§ 3.

[...]

 

§ 4.

[...]


Article 5.10.0.5. Translation not available

Chapter 5.11.
THE PRINTING AND PHOTOGRAPHIC INDUSTRIES


Article 5.11.0.1.

§ 1.

The provisions of this chapter apply to the establishments meant in section 11 of the classification list.

 

§ 2.

It is prohibited to operate an establishment as meant in § 1 which is wholly or partly located in a water abstraction area and/or a type I, II or III protected zone.

 

§ 3.

The prohibitions of §2 do not apply to existing establishments or parts of them.


Article 5.11.0.2. Translation not available

Article 5.11.0.3.

§ 1.

The machines and installations used for the treatment - namely the chemical or physical modification - of dangerous substances must be placed in a room which is separated completely from the storage areas by fireproof walls. The floor is made of a material that is impermeable and chemically inert to the substances that end up on it.

 

§ 2.

The overall collection system for the installation as a whole, the separate collection establishments for the compartmentalised storage, the bunds, the compartments for substances in bulk, the tanks' overflows or safety outlets, as well as the storage building for extremely dangerous substances and products may in no way be connected directly to a public sewer, a groundwater layer, a surface water or a reservoir for surface water.

 

§ 3.

The collection wells and the separate collection facilities of the compartmentalised storage must be emptied regularly and at least after each incident. The resulting waste flows must be disposed of in an appropriate manner.

 

§ 4.

All persons and staff working at the establishment must be fully aware of the nature of the stored or manufactured substances and products and the dangers involved. Staff must be informed about the measures to be taken when irregularities occur. Written instructions must be provided to this end.


Article 5.11.0.4.

§ 1.

The machines and installations must be designed and well maintained such that leaks of substances and products as well as the emissions of pollutants in the ambient air are prevented to the greatest possible extent.

 

§ 2.

The necessary measures must be taken to prevent the formation of electrostatic charges. To this end in particular all metal parts of the installations, of the dust extractor and of the storage tanks as well as of the loading and unloading facilities must be earthed.

 

§ 3.

If products identified by the GHS02 danger pictogram according to the CLP Regulation are used or produced:

the rooms may only be heated by means of appliances of which the location and use offer sufficient guarantees against any danger of fire or explosion;

buckets filled with dry sand or fire extinguishers in good condition must be placed near the work stations and the exits of the rooms;

the escape doors of the rooms must open to the outside and passages must be kept free of all obstacles;

in rooms other than storage rooms a quantity of raw materials and manufactured products may be stored, which corresponds to at most one day's requirements or production; the packages in use at the machines, such as a packaging of solvent kept available at each printing press, is not taken into account with this;

in the rooms no work may be carried out for which the use is required of any appliance that works with naked flame or which may generate sparks;

smoking is prohibited in the rooms; this smoking ban must be indicated in clearly readable letters on the outside of the entrance doors and inside the rooms in question;

the stacks and the discharge pipework for the extracted vapours and mists must be made of non-flammable materials.

 

§ 4.

It is prohibited to store products identified by the GHS02 danger pictogram according to the CLP Regulation in any location where temperatures may exceed 40°C as a result of heat generated by technological means.

 

§ 5.

[...]

 

§ 6.

[...]


Article 5.11.0.5. Translation not available

Chapter 5.12.
ELECTRICITY


Article 5.12.0.1. Without prejudice to the requirements meant in the General Regulation on Electrical Equipment (AREI), the provisions of this chapter apply to the establishments meant in section 12 of the classification list.

The provisions of this section do not apply to mobile emergency power units, nor to electrical power units or transformers temporarily deployed for the power supply of equipment, appliances and installations used to carry out construction, demolition and road works.

Article 5.12.0.2. Transformers

§ 1.

Without prejudice to the provisions of the Royal Decision of 9 July 1986 concerning the regulation of substances and preparations containing polychlorinated biphenyls and polychlorinated terphenyls, regarding transformers the following regulations must be observed:

transformers containing polychlorinated biphenyls (PCBs) or polychlorinated terphenyls (PCTs), such as askarel transformers, are prohibited;

the transformer is protected against the infiltration of rainwater or groundwater;

the floor(s), walls and ceiling(s) of the room where the transformer is located can withstand fire for at least half an hour (Rf 1/2h); the same applies to doors and windows in these partitioning elements. These doors and windows are equipped with an automatic closing mechanism and may not be blocked in the open position; the provisions of the first paragraph are not applicable to transformers located in the open air or in closed metal cabinets.

the necessary measures are taken to prevent soil and groundwater pollution; to this end in particular an impervious bund must be provided under the transformer to catch the dielectric liquid in the event of a leak. For an existing transformer, the above-mentioned bund must be provided on the occasion of the first renewal, modification, replacement or relocation of the transformer.

 

 

§ 2.

The prohibition specified in §1, 1° only does not apply to transformers containing PCBs or PCTs that may continue to be used in accordance with Article 5.2.8.5, §2 of the Order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials. Without prejudice to the conditions specified in paragraph 1, the following conditions are also met by these transformers containing PCBs or PCTs:

the transformers are only placed either in the open air or in a fireproof room intended for this purpose; in this room no transformers not containing PCBs or PCTs may be located, unless a fire-resistant partition (Rf 1/2h) is provided between the different transformers; on the outside of the entrance door(s) to the above-mentioned space as well as inside this room itself the following text is written in a clearly readable manner and in letters with a height of at least 8 centimetres: "Opgelet: PCB's-houdende transfo" [Caution: transformer containing PCBs]; the above-mentioned text may be replaced by the applicable regulatory pictograms; the ventilation of the above-mentioned space takes place via a ventilation grate with a fire resistance of at least one hour (Rf1h); alternative measures may be taken in closed electricity rooms on condition that these offer safety guarantees equivalent to the measures of the first paragraph;

transformers are regularly checked for leaks; any leaks are repaired immediately; the supervisor is informed of each leak that is found as well as of the measures taken;

all materials polluted with PCBs or PCTs, including cleaning rags, working clothes, etc. are removed to a dangerous waste disposal establishment.

the draining off of oil with PCBs and PCTs or the removal of the outer plates (so-called uncovering) may only be performed at a company that is licensed to perform this task; because of the possible presence of residual PCBs or PCTs, the transformer may not be refilled with ordinary (flammable) oil, but with, for example, silicone oil;

without prejudice to the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials in relation to PCBs, the following conditions also apply with regard to existing transformers that contain PCBs:

 

the topping up of transformers with PCBs is prohibited;

 

the maintenance of transformers containing PCBs may only be continued - until they are cleaned, taken out of use or disposed of in accordance with the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials in relation to PCBs - if the purpose of such maintenance is to ensure that the PCBs contained in these devices meet the technical standards or specifications relating to dielectric quality, provided that the transformers are kept in good condition and do not leak.

 


Article 5.12.0.3. Accumulators

§ 1.

Any batteries, other than dry batteries, installed in a fixed location are located in a room, space or cabinet which is intended solely for that purpose. The designated room is constructed from non-flammable materials with an Rf fire resistance of at least half an hour, determined according to the provisions of the NBN 713-020 standard. The doors between this room and the rest of the buildings have the same fire resistance and are equipped with an automatic closing mechanism.

 

§ 2.

The floor of the room meant in §1 is made of impervious materials which are inert regarding electrolytes and must be constructed in such a way that any pollution of groundwater, surface water and soil is prevented.

 

§ 3.

The room meant in §1 is ventilated properly and continuously so that the atmosphere in the room never gives rise to any danger of explosion. To this end, the concentration of explosive dangerous gases must at all times be lower than 1/10 of the lower explosive limit.


Article 5.12.0.4.

§ 1.

The rooms where the stationary transformers, the stationary batteries other than dry batteries and the stationary installations for charging accumulators are located may only be heated by means of appliances of which the location and use offer sufficient guarantees against any danger of fire or explosion.

 

§ 2.

Buckets filled with dry sand or fire extinguishers in good condition must be placed near the work stations and the exits of the rooms.

 

§ 3.

The escape doors of the rooms meant in §1 must open to the outside and passages must be kept free of all obstacles.

 

§ 4.

In the rooms meant in §1:

no work may be carried out for which the use is required of an appliance that works with naked flame or which may generate sparks, with the exception of maintenance and/or repair work, on condition that the necessary precautions have been taken;

a smoking ban applies; this smoking ban must be indicated in clearly readable letters on the outside of the entrance doors and inside the rooms in question;

the stacks and the discharge pipework for the extracted vapours and mists must be made of non-flammable materials.


Article 5.12.0.5.

§ 1.

It is prohibited to store products identified by the GHS02 danger pictogram according to the CLP Regulation in any location where temperatures may exceed 40°C as a result of heat generated by technological means.

 

§ 2.

[...]

 

§ 3.

[...]


Chapter 5.13.
PHARMACEUTICALS


Article 5.13.0.1.

§ 1.

The provisions of this chapter apply to the establishments meant in section 13 of the classification list.

 

§ 2.

It is prohibited to operate an establishment as meant in § 1 which is wholly or partly located in a water abstraction area and/or a type I, II or III protected zone.

 

§ 3.

The prohibitions of §2 do not apply to existing establishments or parts of them.


Article 5.13.0.2. Translation not available

Article 5.13.0.3.

§ 1.

The machines and installations must be designed and well maintained such that leaks of substances and products as well as the emissions of pollutants in the ambient air are prevented to the greatest possible extent.

 

The machines and installations used for the treatment - namely the chemical or physical modification - of dangerous substances must be placed in a room which is separated completely from the storage areas by fireproof walls. The floor of this room must be equipped with a collection channel and one or more collection wells. The floor, the collection channel and the collection wells must be made of a material that is both impermeable and chemically inert regarding the substances they may come into contact with.

 

§ 2.

The overall collection system for the installation as a whole, the separate collection establishments for the compartmentalised storage, the bunds, the compartments for substances in bulk, the tanks' overflows or safety outlets, as well as the storage building for extremely dangerous substances and products may in no way be connected directly to a public sewer, a groundwater layer, a surface water or a reservoir for surface water.

 

§ 3.

The collection wells and the separate collection facilities of the compartmentalised storage must be emptied regularly and at least after each incident. The resulting waste flows must be disposed of in an appropriate manner.

 

§ 4.

All persons and staff working at the establishment must be fully aware of the nature of the stored or manufactured substances and products and the dangers involved. Staff must be informed about the measures to be taken when irregularities occur. The operator provides up-to-date instructions in this regard. These instructions must be evaluated by the operator at least once per year.


Article 5.13.0.4.

§ 1.

It is prohibited to store products identified by the GHS02 danger pictogram according to the CLP Regulation in any location where temperatures may exceed 40°C as a result of heat generated by technological means.

 

§ 2.

The necessary measures must be taken to prevent the formation of electrostatic charges. To this end in particular all metal parts of the installations, of the dust extractor and of the storage tanks as well as of the loading and unloading facilities must be earthed.

 

§ 3.

The rooms where products identified by the GHS02 danger pictogram according to the CLP Regulation are used or produced may only be heated by means of appliances of which the location and use offer sufficient guarantees against any danger of fire or explosion.

 

§ 4.

[...]

 

§ 5.

[...]

 

§ 6.

In the rooms meant in § 3:

no work may be carried out for which the use is required of any appliance that works with naked flame or which may generate sparks;

a smoking ban applies; this smoking ban must be indicated in clearly readable letters or with the regulatory pictograms on the outside of the entrance doors and inside the rooms in question;

the stacks and the discharge pipework for the extracted vapours and mists must be made of non-flammable materials.


Article 5.13.0.5. Translation not available

Chapter 5.14.
PHOTOGRAPHIC PRODUCTS


Article 5.14.0.1. Translation not available

Chapter 5.15.
GARAGES, CAR PARKS AND REPAIR SHOPS FOR MOTOR VEHICLES


Article 5.15.0.1. The provisions of this chapter apply to the establishments meant in section 15 of the classification list.

Article 5.15.0.2.

§ 1.

 The floors of garages and repair shops are level, impermeable and non-flammable.

 

§ 2.

The inhabited premises have at least one entrance that is independent of the garage, repair shops and appurtenances.

 

§ 3.

Driveways separated from the garages and repair shops by an open-air courtyard with a depth of at least 3 metres are not considered appurtenances for the application of paragraph 2.


Article 5.15.0.3.

 

Garages and repair shops are ventilated effectively, in such a way that their atmosphere can never become toxic or explosive. The necessary measures are taken if fuel vapours can be released.

 


Article 5.15.0.4.

§ 1.

The parking spaces for vehicles and trailers other than private cars, the garages and the repair shops may only be heated by means of appliances of which the location and use offer sufficient guarantees against any danger of fire or explosion.

 

§ 2.

Fire extinguishers in good condition are placed in the premises specified in paragraph 1, near the workstations and exits.

 

§ 3.

The escape doors of the premises specified in paragraph 1 open to the outside, and passages are kept free of all obstacles.


Article 5.15.0.5.

§ 1.

[...]

 

§ 2.

In car parks, in garages and in repair shops it is prohibited:

to stack highly flammable substances or products identified by the GHS02 danger pictogram according to the CLP Regulation, except for dangerous liquids of group 2;

to store cans containing or having contained petrol.

 

§ 3.

[...]

 

§ 4.

[...]


Article 5.15.0.6. Translation not available

Article 5.15.0.7. Translation not available

Article 5.15.0.8.

The recovery of fluorinated greenhouse gases from air-conditioning equipment in motor vehicles that fall within the scope stated in Article 1 of Commission Regulation (EC) No 307/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, minimum requirements for training programmes and the conditions for mutual recognition of training attestations for personnel as regards air-conditioning systems in certain motor vehicles containing certain fluorinated greenhouse gases may only be carried out by a recognised technician for air-conditioning equipment in certain motor vehicles as stated in Article 6, 2°, i) of the VLAREL.

 

Subparagraph 1 does not apply to a person in possession of a registration certificate for training to obtain the certificate as stated in Article 17/5, 2° of the VLAREL, provided the recovery is carried out under the supervision of a recognised technician for air-conditioning equipment in certain motor vehicles. This exemption is granted for a maximum of one year, from the date of registration for training, and lapses if the person receives recognition as a technician for air-conditioning equipment in certain motor vehicles as stated in Article 6, 2°, i) of the VLAREL. The person concerned must produce proof of registration at the request of the competent supervisor.


Article 5.15.0.9.

§ 1. Water consumption

For automatic bus or truck washes with a gross water consumption of more than 1,500 m³ per year: the washing installation is fitted with a purification or recycling unit that reuses at least 70% of the total flow rate of washing and rinsing water in the washing installation.

 

For automatic car wash installations, in the form of a roll-over car wash or a pull-along car wash, with a gross water consumption of more than 1,500 m³ per year: the washing installation is fitted with a purification or recycling unit that limits the supply of fresh water in the form of mains, groundwater or rainwater to a maximum of 80 litres per vehicle that is washed.

 

§ 2.

To the greatest possible extent, maximum use is made of rainwater as fresh water.


Article 5.15.0.10.

Waste water from establishments meant in section 15.4 of the classification list.

Before they are discharged, all polluted waste waters are collected and removed to a sedimentation and hydrocarbon removal installation. If the water is discharged into surface water, it is also fitted with a coalescence filter. The hydrocarbon separators are emptied and cleaned as frequently as necessary to guarantee their good working order. The waste materials produced are collected by a duly registered collector, waste trader or broker. To that end the operator inspects the separator every 3 months, and keeps a logbook of these inspections.


Article 5.15.0.11. For establishments licensed before 1 January 2012, the requirements specified in Articles 5.15.0.9 and 5.15.0.10 apply from 1 January 2017.

Chapter 5.16.
Treatment of gases


Section 5.16.1.
Common provisions


Article 5.16.1.1.

§ 1.

The provisions of this chapter apply to the establishments meant in section 16 of the classification list.

 

§ 2.

Only the following containers may be filled, by means of a transportable receptacle or tanker, with liquefied gases in groups 1, 2 or 3 as specified in paragraph 4:

fixed tanks at the place indicated in the report or licence application.

the mobile receptacles in the establishments for the non-domestic filling of mobile receptacles, classified in section 16.4 of the classification list.

 

§ 3.

The following regulations must be followed in relation to the storage of gases:

gases may not be stored outside their designated storage area;

the necessary precautions are taken to prevent gases from coming into contact with each other or with other substances as a result of which:

a)

dangerous chemical reactions can occur;

b)

gases can react with each other to form harmful or dangerous gases and vapours;

c)

gases combine to cause explosions and/or fires.

 

 

§ 4.

For the purposes of this chapter, the dangerous gases are arranged in one of the following four groups, with the GHS02 danger pictogram taking priority over the GHS06 danger pictogram, the GHS02 and GHS06 danger pictograms taking priority over the GHS03 danger pictogram and the GHS02, GHS06 and GHS03 danger pictograms taking priority over all other danger pictograms:

Group 1:    gases identified by the GHS02 danger pictogram;

Group 2:    gases identified by the GHS06 danger pictogram;

Group 3:    gases identified by the GHS03 danger pictogram;

Group 4:    other gases not meant in points 1° up to and including 3°.


Article 5.16.1.2.

§ 1.

In rooms or in areas where gases identified by the GHS02 danger pictogram according to the CLP Regulation are produced, stored [...] or treated, the necessary measures must be taken to prevent the build-up of dangerous electrostatic charges.

 

§ 2.

The rooms or areas meant in §1 may only be heated by systems of which the placement and operation offer sufficient guarantee against the danger of fire and explosion. Heating systems are so placed that they do not excessively heat the walls of stored gas containers.

 

§ 3.

In the rooms or areas specified in §1:

it is prohibited to start a fire or use a system which produces a naked flame or can generate sparks, save for the purposes of maintenance and construction and then only on condition that the precautionary measures advised by the operator or his/her representative have been taken. If flammable gases according to with the CLP Regulation are indeed present, the proportion of flammable gas in the work zone is kept below one-fifth of the lowest flammability limit. This proportion must be checked continually for the duration of the work;

it is prohibited to smoke; notice of this smoking ban must be posted on the outer face of the entrance doors and inside the rooms; the smoking ban need not be indicated if the room or area lies within a larger smoke-free zone; in this case, the smoking ban is posted on all entrances to the smoke-free zone;

the stacks and discharge pipework used to transport extracted vapours and mists must be made of non-flammable materials;

it is prohibited to enter the area by vehicle unless this is necessary for the purpose of loading and unloading, maintenance and/or construction, and then only on condition that the precautionary measures advised by the operator or his/her representative have been taken;

the storage of flammable substances is prohibited within 5 m of the production/storage/treatment of the [...] gases identified by the GHS02 danger pictogram according to the CLP Regulation;

except for compressed [...] gases identified by the GHS02 danger pictogram according to the CLP Regulation that are lighter than air, cesspools or connections to the sewage system are prohibited, unless fitted with a properly functioning air eliminator.

 

Notice of the presence of flammable substances, the smoking ban, and the naked flame ban must be given by clearly visible pictograms of the type specified in the Royal Decree of 17 June 1997.

 

§ 4.

It is prohibited to store gases identified by the GHS02 danger pictogram according to the CLP Regulation in any location within the establishment where temperatures may exceed 40°C as a result of heat generated by technological means.


Article 5.16.1.3.

The provisions of this chapter on the construction of pressure equipment, pressure testing and safety accessories for pressure equipment are considered to be met in the case of pressure equipment or assemblies which have an EC declaration of conformity and also carry a CE marking, unless the EC declaration was made by a user testing service.

 

In the case of pressure equipment or assemblies carrying an EC declaration of conformity, the legal provisions relating to marking and labelling must also be followed, including after commissioning of the equipment.


Article 5.16.1.4.

§ 1.

As a normal responsible person, the operator takes all necessary measures to ensure that in the event of repair, leakage, escape through a safety valve, etc., the escaping gas does not constitute a hindrance to the neighbouring environment, or pollute air, soil, surface water or groundwater. If necessary, escaping gas must be evacuated to a suitable place via pipes.

 

§ 2.

The evacuation pipework of a safety valve:

must be of such a size that the safety valve capacity remains in accordance with the manufacturer's guidelines;

must be constructed from a material which is resistant to the mechanical and chemical effects to which it is exposed;

may not be able to close if the safety valve is in operation;

must be protected against blockage and rainwater infiltration.

 

§ 3.

If gases identified by the GHS02 danger pictogram according to the CLP Regulation are evacuated through a safety valve to the open air, the following rules apply to the outlet:

if, within a radius of 5 m from the outlet, there is a ventilation and/or air supply opening belonging to a building or space in which gas might accumulate, the evacuation pipework must discharge at a height of at least 3 m above ground level and be at least 1 m higher than this building;

the outlet is positioned in a safe place at least 1 m away from any source of ignition (including electrical equipment which is not protected against explosion);

the outlet must be at least 1 m away from the paved area of any site which is open to the public;

the outlet must be located in a sufficiently ventilated place at which there can be no accumulation of gas.

 

Other configurations are permissible on condition that they are considered by an environmental expert in the discipline of containers of gases or dangerous substances as being equally safe for the environment, given the nature of the gas and the environment.


Article 5.16.1.5.

§ 1.

Electrical installations, systems and lighting must meet the requirements of the Regulations on Well-being at Work and the General Regulation on Electrical Equipment (AREI), in particular the Articles concerned with spaces where an explosive atmosphere can occur.

 

§ 2.

The installation must meet the conditions of the Royal Decree of 26 March 2003 concerning the welfare of workers who may be at risk from explosive atmospheres.

 

§ 3.

[...]

 

At installations in which gases identified by the GHS02 danger pictogram according to the CLP Regulation are present, the tanks, metal supports, sections of pipes linked by expansion joints and all other metal components must be kept permanently at the same electrical potential. To this end these elements are connected to each other by a system of efficient conductors. Other systems offering a similar level of security can be permitted by an environmental expert in the discipline of containers for gases or dangerous substances.

 

§ 4.

The operator keeps every test certificate relating to the electrical installation and, if applicable, the zoning plan available for perusal by the environmental expert in the discipline of containers for gases or dangerous substances and the supervisor, and does so at least until the second consecutive similar test certificate is available.


Article 5.16.1.6.

§ 1.

The following provisions apply to the installation pipework for compressed, liquefied or dissolved gases in fixed tanks:

the pipes and their connectors are made from tubes for which the properties are compatible with the pressure and temperature conditions and the fluid transported; when used for commercial liquid propane, commercial butane or mixtures thereof, they must be made from readily weldable steel in conformity with a standard intended for pressurised gases; use may also be made of another material which offers the same properties;

the maximum working pressure in fixed pipework is calculated as follows:

 

a)

for elements in contact with non-expanded gases (liquid and/or gaseous phase), except for liquefied commercial propane, commercial butane or mixtures thereof, the maximum permissible working pressure is at least equal to the maximum working pressure of the connected tank, plus the overpressure caused by any compressors and pumps;

 

 

1)

the maximum working pressure for commercial liquid propane, commercial butane or mixtures thereof is the value given in Appendix 5.16.4 plus the highest overpressure that can be caused by any compressors or pumps;

 

 

2)

for the remaining gases, the maximum permissible working pressure is at least equivalent to the maximum working pressure of the tank, plus the overpressure caused by any compressors and pumps;

 

b)

for elements in contact with the expanded gas: the maximum pressure that can occur after this expander;

maximum permissible pressure (PS) requirements and replacement intervals for flexible fixed hydraulic hoses and their connectors:

 

a)

must either be designed and manufactured to withstand a pressure of:

 

 

1)

4 times the maximum working pressure for pipes with a nominal size (DN) less than 65;

 

 

2)

3 times the maximum working pressure for pipes with a nominal size (DN) equal to or greater than 65;

 

 

such hoses must be replaced by new hoses at least five years after installation;

 

b)

or they may be designed and manufactured to withstand a lower pressure if they are replaced more frequently, or automatically decommissioned after a specified number of operating hours; this method may only be used if an environmental expert in the discipline of containers for gases and dangerous substances gives his/her approval and explicitly specifies the pressure and replacement signal in the certificate delivered;

 

c)

or the manufacturer's instructions are followed strictly; this method may only be used if an environmental expert in the discipline of containers for gases and dangerous substances gives his/her approval and explicitly specifies the instructions, pressure and replacement signal in the certificate delivered;

 

d)

or, finally, a code of good practice may be followed; this method may only be used if an environmental expert in the discipline of containers for gases and dangerous substances gives his/her approval and explicitly specifies the code of good practice, pressure and replacement signal in the certificate delivered.

after assembly, hoses, connectors and fixed pipework are pressure tested at 1.4 times the maximum working pressure and at a minimum of 300 kPa; this test is carried out in such a way as to give the most accurate possible measure of leakage and deflection and identify any faults which are likely to affect safety;

 

subject to agreement by an environmental expert in the discipline of containers for gases and dangerous substances, hydrostatic pressure tests can be replaced by gas testing at a pressure of 1.2 times the maximum working pressure on condition that the pipes were hydrostatically tested by the manufacturer at a pressure of at least 1.5 times the maximum working pressure; this test is to be repeated at least every year on discharge hoses and their liquid phase connectors; it is carried out at the maximum working pressure;

the necessary measures are taken to prevent pressure from building up in the liquid phase pipes in excess of 20% above the PS pressure for the pipes;

 

The environmental expert in the discipline of containers for gases and dangerous substances can permit other measures to prevent an unsafe situation caused by overpressures.

 

 

§ 2.

All components of the installation, such as stop cocks, expanders, shut-off valves, valves, hoses and seals are designed and manufactured for use with the gas used.

 

§ 3.

With reference to pipes and hoses for liquid commercial propane, commercial butane or mixtures thereof stored in fixed uncooled containers, the provisions above and the provisions of Article 5.16.1.7 are however, in respect of elements which come into contact with expanded gas, be replaced with the NBN D 51-006 standard "Installation pipework for commercial butane or propane in the gaseous phase at a maximum operating pressure of 5 bar and placing of consumer appliances".

 

§ 4.

The provisions of paragraphs 1 up to and including 3 apply to installations installed after 1 January 2009.


Article 5.16.1.7. [...]

Article 5.16.1.8. Translation not available

Article 5.16.1.9.

§ 1.

The certificate specified in Article 5.16.1.8 contains:

a detailed list of all checks and examinations carried out by the environmental expert in the discipline of containers for gases and dangerous substances and all relevant observations;

if he/she has decided to perform a pressure resistance test, his/her reasons for this decision;

an unequivocal decision that:

 

a)

the installation does or does not meet the sectoral conditions established in Chapter 5.16 of Title II of the VLAREM, the special licence conditions, and all other requirements designed to guarantee the proper and safe operation of the installation;

 

b)

the sound operation of the installation is or is not prejudiced by its set-up, by the planned operating conditions or by any other visible fault;

in the event of a fault: whether or not the installation may be commissioned and if so, the period within which these faults must be resolved, as well as any precautionary measures which the operator must take in order to guarantee an acceptable level of safety in the meantime;

where no instructions for use are provided, a summary of the required safety fittings and maintenance procedures;

the period within which the establishment must be re-inspected with a view to remaining in service, taking into account the maximum periods established in this section.

 

§ 2.

The operator keeps every certificate issued pursuant to this section by the environmental expert in the discipline of containers for gases and dangerous substances available for perusal by the supervisors and does so until at the least the second consecutive similar test certificate is available.

 

§ 3.

In cases where examinations by an environmental expert in the discipline of containers for gases and dangerous substances are required according to this section, the installations in question may only be commissioned or remain in operation if the certificate shows that proper and safe operation of the installation is guaranteed, or, if faults were detected, the necessary measures have been taken to resolve these faults within the period specified in the certificate and the precautionary measures specified in the certificate have been taken in order to guarantee an acceptable level of safety in the meantime.

 

§ 4.

Every repair of a tank, change of a tank or welding of accessories to a gas tank which is subject according to this section to examinations by an environmental expert in the discipline of containers for gases and dangerous substances requires the prior written permission of an environmental expert in the discipline of containers for gases and dangerous substances. This environmental expert informs the operator in writing of the safety measures to be taken in relation to these works.

 

§ 5.

In the case of installations subject to licensing and notification licensed or notified on 1 January 2009 for which no certificate of examination by an environmental expert in the discipline of containers for gases and dangerous substances was required according to the regulations of this section as they stood on 1 January 2008, the examination by an environmental expert in the discipline of containers for gases and dangerous substances specified in this chapter must be carried out for the first time at the latest on 1 January 2011.

 

For the above-mentioned installations that also do not meet the conditions specified in this chapter regarding the construction of pressure equipment, leak-tightness tests and the safety devices of pressure equipment, these conditions are replaced by the following provisions: with a view to the initial examination, the operator of the installation sends to the recognised environmental expert all documents on the basis of which the safety of the installation can be assessed; if no such documents are available, the recognised environmental expert proceeds with a thorough examination of the installation and any other checks he/she considers necessary.

 

Certificates which were current on 1 January 2009 in relation to an examination by an environmental expert in the discipline of containers for gases and dangerous substances and which were required according to the regulations in this chapter as they stood on 1 January 2008 remain in force until the date given on the certificate; where a certificate does not specify a date, it remains in force according to the regulations as they stood on 1 January 2008 for the remainder of the certificate's validity.


Section 5.16.2.
Production or conversion of gases


Subsection 5.16.2.1.
General provisions


Article 5.16.2.1.1.

This subsection applies to the establishments meant in sections 16.1, 16.2 and 16.6 of the classification list.

 

Unless, subject to EU Regulation no. 1005/2009 of 16 September 2009 on substances that deplete the ozone layer, it is specified otherwise in the environmental licence, all production and use of the following substances is prohibited:

chlorofluorohydrocarbons;

other fully halogenated chlorofluorohydrocarbons;

halons;

carbon tetrachloride;

1,1,1-trichloroethane;

bromofluorohydrocarbons;

bromochloromethane

Article 5.16.2.1.2. Vapours, mists and waste gases, excluding oxygen gas, are collected where they originate and where necessary removed to a waste gas treatment installation.

Subsection 5.16.2.2.
Production of biogas by fermentation


Article 5.16.2.2.1. This subsection applies to the production of biogas with one or more fermenters.

Article 5.16.2.2.2. Translation not available

Article 5.16.2.2.3.

§ 1.

The biogas storage site is fitted with overpressure protection (with an overpressure valve, a water seal or equivalent technology).

 

§ 2.

For the fermenter or fermenters, whereby the total production capacity of biogas exceeds 50 Nm³/h, the fermenter is fitted with a flare or equivalent installation. For establishments licensed before 1 July 2014, the requirements specified in paragraph 1 apply from 01 June 2017.

 

§ 3.

The operator checks the function of the overpressure protection on a regular basis. With a water seal, the operator tops up the water when necessary to prevent the water seal from breaking down.


Article 5.16.2.2.4.

Each fermenter present is constructed according to good engineering practices under the supervision of and according to the directions of an architect, a civil engineering architect, a civil structural engineer or an industrial architectural engineer or a person with an equivalent qualification. For installations licensed from 1 July 2014, once construction is complete, the above-mentioned expert draws up a certificate demonstrating that the construction work was carried out in accordance with good engineering practices. This certificate is kept available for perusal by the supervisor.

.


Article 5.16.2.2.5. Translation not available

Article 5.16.2.2.6. Translation not available

Article 5.16.2.2.7. An emission limit value for ammonia of 10 mg/Nm³ at a mass flow of 150 g/h or more applies for the extracted ventilation air of fermenters. The concentration of ammonia is measured every 3 months. For establishments licensed before 1 July 2014, the requirements specified in this Article apply from 1 July 2017.

Section 5.16.3.
Installations for the physical treatment of gases


Article 5.16.3.1. The provisions of this section apply to the establishments as meant in subsection 16.3 of the classification list.

Article 5.16.3.2. Air compressors

§ 1.

The provisions of this Article apply to air compressors, as an assembly or as an on-site assembled system, containing a pressure vessel, whereby the product of perm