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