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.