Section 4.
Hazardous waste


Article 29. The provisions of Sections 1 and 2 and of Chapter 2 shall apply to hazardous waste insofar as this Section does not contain any explicit provisions to the contrary.

Article 30.

§ 1.

Hazardous waste to be disposed of must be registered and identified.

 

§ 2.

Hazardous waste must, during its collection, transport and temporary storage, be appropriately packaged or stored and labelled in accordance with the applicable international and European requirements. Whenever hazardous waste is transported, it shall be accompanied by an identification document, which may be in electronic format, containing the appropriate data specified in Annex IB to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste.

 

The Government of Flanders may specify more detailed rules concerning the packaging, storage and identification of hazardous waste.

 

§ 3.

Natural or legal persons engaged in waste treatment must not mix hazardous waste with other categories of hazardous waste, nor with other waste, substances or materials. Mixing shall also include the dilution of hazardous substances.

 

Derogation from the prohibition mentioned in subparagraph 1 is possible if the Government of Flanders takes other measures to ensure that hazardous waste is not mixed, either with other categories of hazardous waste or with other waste, substances or materials.

 

§ 4.

By way of derogation from paragraph 3, the licence referred to in Article 11 may allow hazardous waste to be mixed with other hazardous waste or with other waste, substances or materials, if:

this is required in order to improve safety during disposal or recovery; 

2° 

this does not infringe the provisions of Article 12 paragraph 3. 

3° 

this does not increase the adverse impacts of the waste management on human health and the environment; 

4° 

the operation in question conforms to best available techniques. 

 

§ 5.

Where hazardous waste has been mixed in a manner contrary to paragraph 3 and paragraph 4, a separation shall be carried out if this is technically and economically feasible and necessary in order to comply with Article 12 paragraph 3.


Article 31.

The provisions of Article 30 paragraph 2 and paragraph 5 shall not apply to mixed waste produced by households.

 

The provisions of Article 30 paragraph 2 shall not apply to separate fractions of hazardous waste produced by households until these materials are accepted for collection, disposal or recovery by an establishment or an undertaking which has obtained a licence or has been registered in accordance with Articles 11 and 13.