Section 3.
Household waste


Article 26.

Each municipality, whether or not in cooperation with other municipalities, shall ensure that household waste is prevented or reused as much as possible, picked up at regular intervals or collected in another way and recovered or disposed of in accordance with Articles 11, 12 and 13, paragraph 2.

 

The municipalities shall recover the costs of the management of household waste from the waste producers in accordance with Article 10. The municipality may authorise its privatised bodies or intermunicipal cooperation partnerships to collect these costs, also if these are translated into taxes and fees. The Government of Flanders may lay down further rules concerning the way in which municipalities are to calculate the costs of the management of household waste.

 

Without prejudice to the application of the provisions of this Decree, the pick-up and collection of household waste shall be regulated by municipal regulation.

 

The activities of each person necessary for the normal working of the services charged with the pick-up of household waste, as well as the material required for this, may be requisitioned by the Mayor, the Assistant Governor and the Governor.


Article 27.

Municipalities and associations of municipalities may conclude agreements with OVAM to promote or supervise the organisation of the selective pick-up or collection of household waste.

 

The provinces may, within the framework of the Flemish waste policy, offer supporting initiatives and actions aimed at concrete achievements in the field.


Article 28.

If a municipality or province or their cooperation partnerships do not within the period of time determined by the Government of Flanders fulfil their obligations imposed by or by virtue of subparagraph 1 of Article 26 or by the programmes and plans mentioned in Articles 17 and 18 and, as a result, harm the public interest, the Government of Flanders may, after giving notice of default by means of a reasoned decision, replace the municipality or province or their cooperation partnerships in question for the implementation of all measures necessary to comply with the aforementioned obligations. The Flemish Region may recover the costs of the aforementioned measures from the municipality or the province or their cooperation partnerships.

 

Both with respect to the coordination and with respect to the organisation, municipalities, provinces and their cooperation partnerships have the possibility to lodge an appeal with the Flemish Minister with responsibility for the Environment. The Government of Flanders shall lay down the more specific rules for this appeal procedure.