Section 2.
Operational waste


Article 23.

Producers of operational waste shall keep a chronological waste register, which shall include a record of the nature, origin, composition, quantity, destination and method of recovery or disposal of the waste. The Government of Flanders shall lay down the more specific rules concerning the content and structure of this waste register.

 

Producers of operational waste shall report some of the information from the waste register to OVAM. The Government of Flanders shall determine what information must be reported and in what manner this is to take place. It may have the reporting done via the integral annual environmental report referred to in Article 3.5.3. of the Decree of 5 April 1995 concerning general provisions relating to environmental policy.

 

The Government of Flanders may release specific categories of producers from the obligations mentioned in subparagraph 1 and subparagraph 2 on the basis of the low quantities and the low degree of harmfulness of the wastes produced by them.


Article 24. Producers of operational waste shall, at their expense, recover or dispose of the waste, unless otherwise determined by the Government of Flanders in accordance with Article 10.

Article 25.

§ 1.

Holders of operational waste and waste brokers and traders shall recover or dispose of the waste:

1° 

at the establishment where the waste was generated or is being treated, in accordance with the

environmental licence referred to in Article 11 or the other applicable legal, decreed or regulatory

requirements; 

2° 

by delivery to a natural or legal person who, in accordance with Article 11, is a holder of a

licence for the disposal or recovery of the waste, or who has complied with the notification obligation,

or who is a registered waste trader or broker as mentioned in Article 13; 

3° 

by delivery to a natural or legal person located in another region or country who,

in accordance with the legislation applicable there: 

 

a) 

is entitled to dispose of the waste to the extent that there is no significantly closer disposal facility which can dispose of the waste

in a responsible manner under comparable conditions;

 

b) 

is entitled to recover the waste. 

 

§ 2.

Any disposing of operational waste as referred to in paragraph 1, 2° and 3° shall take place in exchange for a disposing receipt, whether or not in electronic form. Without prejudice to the application of Article 23, the holders of operational waste must be able to present this disposing receipt at any time until at least five years after the date of disposing of the waste.

 

§ 3.

The disposing receipt shall state:

1° 

the date of disposing; 

2° 

the name and place of residence of the producer or the installation from which the waste is received; 

3° 

the name and place of residence of the natural or legal person referred to in paragraph 1, 2° and 3° with whom the

waste is disposed of; 

4° 

the nature, source, composition and quantity of the waste disposed of; 

5° 

the intended treatment method. 

 

The Government of Flanders may lay down further rules for the receipt/disposing mentioned in paragraph 2 and paragraph 3.