Part 4.
GENERAL ENVIRONMENTAL CONDITIONS FOR CLASSIFIED ESTABLISHMENTS


Chapter 4.1.
GENERAL REGULATIONS


Article 4.1.0.1. The provisions of this part hold for the complete technical environmental entity.

Section 4.1.1.
General location regulations for establishments of the third category


Article 4.1.1.1. Unless stipulated otherwise in the concerned chapters, the operation of a third category establishment is permitted only if its location is compatible with the general and additional urban planning regulations as stipulated in the ratified regional plan or in an environmental implementing plan or in another development plan.

This provision does not apply to establishments of the third category that form part of an establishment of the first or second categories.

Section 4.1.2.
Best Available Techniques (BAT)


Article 4.1.2.1. Translation not available

Section 4.1.3.
Hygiene and nuisance management


Article 4.1.3.1. The establishment must be kept clean and tidy in a properly maintained condition. Any time the occasion calls for it, effective measures must be taken against vermin.

Article 4.1.3.2. Without prejudice to Article 4.1.2.1., the operator shall take all necessary measures as a normally careful person to avoid causing nuisance to the neighbourhood through odour, smoke, dust, noise, vibrations, non-ionising radiation, light, etc.

Article 4.1.3.3. If nuisance is caused, the operator must immediately take the necessary measures to rectify the situation.

Article 4.1.3.4. [...]

Section 4.1.4.
Compulsory measurements and recording


Article 4.1.4.1. Translation not available

Article 4.1.4.2. Translation not available

Section 4.1.5.
General duty of information


Article 4.1.5.1. Translation not available

Article 4.1.5.2. Translation not available

Article 4.1.5.3. If the technical purification establishments of an establishment break down as a result of a defect or for any other reason, or if the emission or immission standards are exceeded for any other reason whatsoever, the operator is to immediately inform the supervisory body of this.

1.

In the event of accidental emissions that may result in pollution, the operator of an establishment is to take the necessary measures to:

  1. immediately inform the supervisory official of the incident;
  2. immediately warn third parties who might suffer damage as a result of the emission, also informing these third parties of any measures they may take to either avert or restrict the danger; however, this provision does not apply if the regulations drawn up by the federal government within the scope of civil protection are applicable;
  3. restrict as much as possible the consequences for man and environment

3.

If the technical purification installations of an establishment break down as a result of a defect or for any other reason, or if the emission or immission standards are exceeded for any other reason whatsoever, the operator is to immediately inform the supervisory official of this.


Translation not available

Translation not available

Section 4.1.6.
Waste materials management and the management of installations that have been put out of operation.


Article 4.1.6.1. Translation not available

Article 4.1.6.2. Translation not available

Article 4.1.6.3. Translation not available

Article 4.1.6.4. [...]

Section 4.1.7.
Storage of hazardous substances


Article 4.1.7.1. Solid substances in bulk

Translation not available

Article 4.1.7.2. Hazardous liquids

Translation not available

Article 4.1.7.3. The removal of spilt polluting substances

Without prejudice to Section 4.1.12, spilt polluting substances - diluted or otherwise - are removed in accordance with the prevailing regulations.

Article 4.1.7.4. The collection of fire extinguishing water

[...]


Section 4.1.8.
The annual environmental report


Article 4.1.8.1. Translation not available

Article 4.1.8.2.

1.

The operators of the establishment categories referred to in Article 4.1.8.1 are obliged to send the annual environmental report to the administration every year in the course of the year following the calendar year to which the annual report relates, in accordance with Articles 2 and 3 of the Order of the Government of Flanders of 2 April 2004 introducing the integral annual environmental report, before the date stipulated therein. The Appendices to the annual report referred to in 2 of Article 4.1.8.3 do not have to be attached.

2.

[...]

3.

New establishments taken into operation must provide their first annual report in the year following the first full calendar year of operations.


Article 4.1.8.3. Translation not available

Article 4.1.8.4. [...]

Section 4.1.9.
Internal company environmental protection


Article 4.1.9.1. Translation not available

Subsection 4.1.9.1.
The environmental coordinator


Article 4.1.9.1.1. Translation not available

Article 4.1.9.1.2. Translation not available

Article 4.1.9.1.3. Translation not available

Article 4.1.9.1.4. Translation not available

Article 4.1.9.1.5.

The operator is obliged to do everything required for the environmental coordinator to be able to perform his/her duties adequately. Insofar as required, he/she is to place auxiliary personnel, rooms, material and resources at the coordinator's disposal.

The environmental coordinator, who is an employee of the operator, may not be placed at a disadvantage for the tasks he/she performs in his/her capacity as environmental coordinator.


Article 4.1.9.1.6. [...]

Subsection 4.1.9.2.
The environmental audit


Article 4.1.9.2.1. Translation not available

Article 4.1.9.2.2. To promote the voluntary participation of organisations in the Community eco-management and audit scheme, as regulated by Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC, no contribution to the registration fees of an organisation is fixed.

Article 4.1.9.2.3. For the application in the Flemish Region of the provisions of Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC, and using the cooperation agreement of 30 March 1995 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the implementation of Council Regulation (EEC) No 1836/93 of 29 June 1993 allowing voluntary participation by companies in the industrial sector in a Community eco-management and audit scheme

Article 4.1.9.2.4. The decreed environmental audit

Translation not available

Article 4.1.9.2.5.

1.

The environmental audit referred to in Article 4.1.9.2.4. consists of a systematic, well-documented and objective evaluation of the management, organisation and equipment of the establishment or activity concerned in relation to environmental protection.

2.

The environmental audit referred to in Article 4.1.9.2.4. concerns:

1

emissions and immissions, and their impact on the quality of the environment;

2

the energy management;

3

management of raw materials;

4

production methods and product management;

5

prevention and management of wastes;

6

external safety;

7

information, training and participation of personnel as regards internal company environmental protection;

8

providing information to the public;

9

suggestions made and advice given by the environmental coordinator, as referred to in 3 of Article 4.1.9.1.3., and how this has been acted upon.

3.

The environmental audit referred to in Article 4.1.9.2.4. must be validated by an environmental verifier recognised in application of the Flemish Regulations on Recognition regarding the Environment.


Article 4.1.9.2.6. Translation not available

Article 4.1.9.2.7.

1.

The periodic environmental audit referred to in Article 4.1.9.2.4., 1 must be repeated at regular intervals. The interval between two consecutive audits may not be longer than 3 years.

2.

New establishments shall conduct a first environmental audit within two years of being commissioned.


Subsection 4.1.9.3.
The role of the Committee for Prevention and Protection at Work


Article 4.1.9.3.1. Translation not available

Section 4.1.10.
Special Investigation Commissions


Article 4.1.10.1. [...]

Section 4.1.11.
Use of hazardous substances (Regulation (EC) No 1907/2006)

Use of hazardous substances (Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC)

Article 4.1.11.1. Pursuant to Article 67 of Regulation (EC) No 1907/2006, a substance may not be manufactured or used as such, or in a preparation or object to which a restriction in Appendix XVII of Regulation (EC) No 1907/2006 applies, unless the conditions of this restriction are satisfied. This does not apply to the manufacture and use of a substance for scientific research or scientific development. Appendix XVII specifies when the restriction does not apply to research and development carried out on products and processes, and specifies the maximum quantity exempted.

Article 4.1.11.2. Pursuant to Article 56 of Regulation (EC) No 1907/2006, a manufacturer, importer or downstream user may not use a substance listed in Appendix XIV of Regulation (EC) No 1907/2006 for a particular use, unless the provisions of Article 56 of said Regulation are satisfied.

Section 4.1.12.
Risk management


Article 4.1.12.1.

1.

The operator shall provide for the necessary measures to ensure that events and their consequences for man and the environment are prevented or minimised.

This involves, among other things, the operator doing the following:

1

providing for the necessary measures to prevent accidentally diffused substances or contaminated fire-extinguishing water from draining directly into the groundwater, a public sewer, watercourse or any other place where surface waters collect;

2

providing for the necessary fire prevention measures;

3

providing for the necessary detection, emergency and intervention measures.

The operator shall determine the organisation of the fire-fighting, the fire-fighting equipment and the capacity for collecting contaminated fire-extinguishing water in accordance with a code of good practice, and in so doing shall consult the competent fire service.

The fire-fighting equipment must be in good condition, protected against frost, effectively signalled, easily accessible and judiciously distributed and must be able to function immediately.

2.

The operator may at any time demonstrate to the supervisory bodies that he/she has provided for the necessary measures.


Article 4.1.12.2.

1.

In case of an incident or the imminent threat of an incident, the operator shall immediately take the necessary measures to control and manage the incident, thereby minimising the consequences for man and the environment and to prevent further possible incidents.

2.

In the case of an establishment covered by the scope of Directive 2010/75/EU of the European Parliament and the Council of 24 November 2010 on industrial emissions, the operator shall immediately, and in any case as quickly as possible and by the most appropriate means, report the incident and the measures taken and planned to the Division competentfor environmental enforcement.

3.

In the event of an incident, the operator shall immediately warn third parties who could suffer consequences of the emission, indicating the measures they can take to avert or limit the danger.

Subparagraph 1 does not apply if the regulations established by the Federal Government in connection with civil protection apply.

If, as a result of the incident, the operation of a waste water treatment installation may be adversely affected, the operator shall also immediately warn the manager of the installation in question.


Article 4.1.12.3.

Without prejudice to Article 4.1.12.2, 2, in the case of an incident, the operator shall provide the Division, competent for environmental enforcement, with the following information as quickly as possible:

1

general information about the operator;

2

the time, nature, circumstances and causes of the incident;

3

the products involved;

4

available information that could be used to assess the consequences of the incident for man and the environment;

5

the measures taken to manage and control the incident.

For this, the operator shall use the form stated in Appendix 4.1.12, or another information carrier containing the same information.

If further investigation produces new data that change the information provided or the conclusions drawn therefrom, the operator shall update this information and send it to the Division competent for environmental enforcement.


Article 4.1.12.4.

After an incident, and depending on the consequences that might occur either immediately or after a period of time and in accordance with the applicable regulations, the operator shall take the necessary measures to clean and restore the environment.

The operator shall inform the Division competent for environmental enforcement of the planned measures and notify it of their implementation.


Article 4.1.12.5.

After an incident, the operator shall take the necessary measures to prevent a repeat of the incident.

The operator shall inform the Division competent for environmental enforcement of the planned measures and notify it of their implementation.


Section 4.1.13.
IPPC installations


Article 4.1.13.1. [...]

Article 4.1.13.2. [...]

Article 4.1.13.3. [...]

Article 4.1.13.4. [...]

Article 4.1.13.5. [...]

Chapter 4.2.
CONTROL OF SURFACE WATER POLLUTION


Section 4.2.1.
Scope and general provisions


Article 4.2.1.1.

The provisions of the present Chapter are applicable to the discharging of:

-

industrial waste water and cooling water as referred to in Sections [...] 3.4. and 3.5.,

-

waste water originating from waste water treatment installations as referred to in Section 3.6.,

-

domestic waste water as referred to in Section 3.2.

Included in part 6:

-

the conditions for discharging domestic waste water originating from residential areas, including from any corresponding waste water treatment installation;

-

the conditions for discharging domestic waste water, other than that originating from residential areas, in which the flow rate does not exceed 600 m/annum, including from any corresponding waste water treatment installation.


Article 4.2.1.2. Translation not available

Article 4.2.1.3. Translation not available

Subtitle:.
The discharging of industrial waste water and cooling water


Section 4.2.2.
The discharging of industrial waste water not containing hazardous substances


Article 4.2.2.1. Translation not available

Subsection 4.2.2.1.
The discharging of industrial waste water not containing hazardous substances into ordinary surface waters [...]

Article 4.2.2.1.1.

The general conditions for discharges into ordinary surface waters and/or for discharges of industrial waste water containing no hazardous substances in the outlying area to be individually optimised are as follows:

1

if the industrial waste water to be discharged contains such a quantity of pathogenic germs that the receiving water might become dangerously polluted as a result of the discharge, the waste water must first be disinfected;

2

the pH value of the discharged industrial waste water may not be over 9 or below 6.5; if the discharged industrial waste water originates from the use of ordinary surface water and/or groundwater and if the natural pH value of this surface water and/or groundwater is over 9 or below 6.5, one may use this natural pH value for determining the limit values for the pH of the discharge;

3

the biochemical oxygen demand in five days at 20C in the industrial waste water discharged may not exceed 25 mg oxygen demand per litre;

4

the temperature of the industrial waste water discharged may not exceed 30C; if it is explicitly stated in the licence and with an outside temperature of 25C or more, or if the cooling water is taken in at a temperature of 20C or more, the waste water discharged may have a temperature of up to 35C insofar as this does not cause the temperature of the receiving surface water to exceed the value indicated in the environmental quality standards;

5

in the industrial waste water discharged, the following concentrations may not be exceeded:

a)

0.5 millilitres per litre for settlable solids (during stationary sedimentation for two hours);

b)

60 milligrams per litre for suspended solids;

c)

5 milligrams per litre for perchloroethylene-extractable apolar substances;

d)

3 milligrams per litre for the sum of anionic, non-ionic and cationic surface-active agents;

6

if the industrial waste water discharged originates from the use of ordinary surface water and/or groundwater, the values set down in sub 3 and sub 5 of the present Article may be increased by the concentration value in the water taken in;

7

a representative sample of the industrial waste water discharged must not contain oils, fats or other floating substances in such quantities that the presence of a floating film can be established unequivocally; when in doubt, the presence of the film can be established by pouring the sample into a separating funnel to examine whether the two phases can be separated.


Subsection 4.2.2.2.
Discharge of industrial waste water containing no hazardous substances into the public sewage system of a municipality for which a zoning plan has not yet been finalised.

Article 4.2.2.2.1. [...]

Article 4.2.2.2.2. [...]

Subsection 4.2.2.3.
The discharging of industrial waste water not containing hazardous substances into the public sewage systems

Article 4.2.2.3.1.

In a municipality for which the municipal zoning plan has been finalised, the discharge of industrial waste water containing no hazardous substances in the central area, the collectively optimised outlying area and/or the outlying area to be collectively optimised must satisfy the following general conditions:

1

the pH value of the industrial waste water discharged must be between 6 and 9.5;

2

the temperature of the industrial waste water discharged may not exceed 45C;

3

the dimensions of the suspended solids present in the industrial waste water discharged may not exceed 1 cm. These substances do not hinder the proper operation of the pumping and treatment stations by their structure;

4

the industrial waste water discharged does not contain any dissolved, flammable or explosive gases, or products that could cause such gases to be released. The industrial waste water discharged does not cause any dissemination of effluvia that harm the environment;

5

the following concentrations may not be exceeded in the discharged industrial waste water:

a)

1 g/l suspended solids;

b)

0.5 g/l substances extractable in petroleum ether.

6

unless explicitly provided for in the licence, the industrial waste water discharged may not contain substances that:

a)

constitute a hazard for the maintenance personnel of the sewer system and water treatment installation;

b)

may damage or block the pipes;

c)

constitute an impediment to the proper working of the pumping and water treatment units;

d)

may cause serious pollution of the receiving surface water or may seriously pollute the receiving surface water in which the water from the public sewer is discharged;

7

assessment of the discharge of industrial waste water at a sewage treatment installation is governed by the criteria stated in Articles 2 and 3 of the Order of the Government of Flanders of 21 February 2014 establishing the rules for the discharge of industrial waste water at a public sewage treatment installation.


Article 4.2.2.3.2. In a municipality for which the municipal zoning plan has been finalised, the discharge of industrial waste water containing no hazardous substances in the outlying area to be individually optimised must satisfy the conditions of Article 4.2.2.1.1.

Article 4.2.2.3.3. In the case of existing licensed or reported discharges, those conditions of the present subsection which differ in a stricter sense from the situation as it was before the municipal zoning plan was finalised are to come into force on the first day of the 29th month after finalisation of the municipal zoning plan.

Section 4.2.3.
The discharging of industrial waste water containing one or more hazardous substances.


Article 4.2.3.1. Translation not available

Section 4.2.4.
Discharging of cooling water


Article 4.2.4.1. Translation not available

Subtitle:.
Measurements and monitoring upon discharge of industrial waste water, cooling water and water treatment installation influent/effluent


Section 4.2.5.
Measurements and monitoring


Subsection 4.2.5.1.
Monitoring installation and sampling equipment

Article 4.2.5.1.1. Translation not available

Article 4.2.5.1.2. Translation not available

Subsection 4.2.5.2.
Self-monitoring programme for the discharging of industrial waste water not containing hazardous substances

Article 4.2.5.2.1. Translation not available

Subsection 4.2.5.3.
Self-monitoring programme for the discharging of industrial waste water containing one or more hazardous substances

Article 4.2.5.3.1. Translation not available

Subsection 4.2.5.4.
Monitoring programme for the discharging from waste water treatment installations where urban waste water is treated

Article 4.2.5.4.1. Translation not available

Article 4.2.5.4.2.

1.

The measurements and analyses referred to in Article 4.2.5.4.1. must be performed and assessed in accordance with the programme and criteria described in Appendix 4.2.5.4.

2.

The operator must record the results of the measurements carried out in a measurement dossier that must always be kept available for inspection by the supervisory bodies.


Section 4.2.6.
Assessment of monitoring measuring results by the supervisory body


Article 4.2.6.1.

1.

When taking samples of the discharged waste water (industrial waste water and cooling water), in connection with the technical inspection of the discharge of waste water stated in Articles 37 to 56, inclusive, of the Order of the Government of Flanders of 12 December 2008 implementing Title XVI of the Decree of 5 April 1995 concerning the general stipulations related to environmental policy, either at least one scoop sample is taken, or a flow-proportional 24-hour mixed sample, or simultaneously both at least one scoop sample and a flow-proportional 24-hour mixed sample.

2.

Should the analysis of a scoop sample show that the value measured for a parameter, with allowances made for accuracy and precision, exceeds twice the emission limit value for that parameter, the limit value is assumed to have been exceeded. As regards the parameters flow rate, acidity and temperature, and as regards the substances in Appendix 2C, however, the limit value is also assumed to have been exceeded if the measured value is higher, with allowances made for the measurement uncertainty requirements for these parameters in Appendix 4.2.5.2, than the emission limit value for that parameter. If no emission limit value is available, the test must be performed against the classification criterion for hazardous substances in accordance with Appendix 2.3.1.

3.

Should the analysis of a scoop sample show that the measured value for a parameter other than flow rate, acidity and temperature and the substances in Appendix 2C is less than or equal to twice the emission limit value for that parameter, but is higher, with allowances made for the measurement uncertainty requirements for that parameter given in Appendix 4.2.5.2, than the emission limit value or classification criterion for that parameter (or, failing this, the reporting limit that applies to that parameter), an evaluation of the value measured for that parameter should be made in a second sample. This second sample will be either the 24-hour flow rate-proportional mixed sample taken at the same time as the first sample or, if only one sample was taken, a new sample taken within a reasonable period of time. Should the measured value in this second sample also be higher, with allowances made for the measurement uncertainty requirements for that parameter given in Appendix 4.2.5.2, than the emission limit value for that parameter, the limit value is assumed to have been exceeded.

4.

Should the analysis of a flow rate-proportional 24-hour mixed sample show that the measured value for a parameter is higher, with allowances made for the measurement uncertainty requirements for that parameter given in Appendix 4.2.5.2, than the emission limit value or classification criterion for that parameter (or, failing this, the reporting limit that applies to that parameter), the limit value is assumed to have been exceeded.

5.

When evaluating limit values for discharge loads, the concentration measured in the 24-hour flow rate-proportional mixed sample is multiplied by the total flow rate discharged over this 24-hour period, with allowances made for the measurement uncertainty requirements for that parameter given in Appendix 4.2.5.2. Should it transpire that this discharged load is higher than the limit value for the discharge load, the emission value is assumed to have been exceeded.

6.

When evaluating parameter proportions, the concentrations in the 24-hour flow rate-proportional mixed sample are used. If the value thus obtained differs by more than 50% from the limit value, the limit value is assumed to have been exceeded


Subtitle:.
The discharging of domestic waste water


Section 4.2.7.
Discharge of domestic waste water in a municipality for which the municipal zoning plan has not yet been finalised


Subsection 4.2.7.1.
The discharging of domestic waste water in ordinary surface waters or in artificial drainage systems

Article 4.2.7.1.1. [...]

Article 4.2.7.1.2. [...]

Subsection 4.2.7.2.
Discharging domestic waste water in public sewage systems

Article 4.2.7.2.1. [...]

Subsection 4.2.7.3.
Working and maintenance of individual pre-treatment installations, such as septic tanks

Article 4.2.7.3.1. [...]

Section 4.2.8.
Discharge of domestic waste water in a municipality for which the municipal zoning plan has been finalised


Subsection 4.2.8.1.
Discharge of domestic waste water in the outlying area to be individually or collectively optimised


Article 4.2.8.1.1. Translation not available

Article 4.2.8.1.2. Whenever the public road does not have a public sewage system, and, moreover, it does not appear possible to discharge waste water into a neighbouring watercourse in accordance with the laws and regulations, it is permissible to discharge domestic waste water into a man-made drainage channel pursuant to Article 4.2.1.3, under the same conditions as those in Article 4.2.8.1.1.

Subsection 4.2.8.2.
Discharge of domestic waste water in the central area or the collectively optimised outlying area


Article 4.2.8.2.1.

1.

In a municipality for which the municipal zoning plan has been finalised, the discharge of domestic waste water inthe central area or the collectively optimised outlying area is permissible under the following general conditions:

1

the discharged waste water may not contain textile fibres, or plastic packaging materials, or solid domestic waste materials of an organic or inorganic nature.

2

the discharged water may not contain:

a)

mineral oils, inflammable substances or volatile solvents;

b)

other substances extractable with petroleum ether, with a value in excess of 0.5 g/l;

c)

other substances likely to make the sewer water toxic or dangerous.

2.

In the central area or the collectively optimised outlying area, it is preferable for domestic waste water to be discharged directly into the public sewage system. Wherever dictated by the drainage situation or the nature of the treatment technology, the local authority can impose the requirement that waste water be passed through an individual pre-treatment installation before discharge into the public sewage system.

3.

[...]

4.

[...]


Article 4.2.8.2.2.

In the case of discharge of domestic waste water from a temporary sanitary installation erected in the open air at a publicly accessible establishment, the express written permission of the operator of the sewage treatment plant must be obtained.

Additional conditions may be imposed in the record of the notice depending on the optimal functioning of the downstream sewage system, including overflows, and the sewage treatment plant.


Subsection 4.2.8.3.
Operation and maintenance of individual pre-treatment installations


Article 4.2.8.3.1.

The working and the maintenance of individual pre-treatment installations must comply with the following general provisions:

1

it is forbidden to discharge septic material into the public sewage system or into waste water catchments.

2

septic material must be transported to a public water treatment installation.

The public water treatment installation can reject (part of) the delivered load, which must be taken to a licensed processor.


Subsection 4.2.8.4.
Transitional regulations


Article 4.2.8.4.1. [...]

Chapter 4.3.
MANAGEMENT OF SOIL AND GROUNDWATER REMEDIATION


Section 4.3.1.
General provisions


Article 4.3.1.1. Translation not available

Article 4.3.1.2.

1.

The discharge of substances from List I of Appendix 2B

Any discharge of substances from List I of Appendix 2B to the groundwater is prohibited.

Operations as referred to in Sections 52.1.1.3, 52.1.2. and 52.2.3 whereby the stated hazardous substances are removed or landfilled with a view to being removed may only be licensed in accordance with the provisions of Article 2.4.1.1. and provided every technical precaution is taken so that the substances cannot reach any aquatic systems or cause damage to other eco-systems.

2.

The discharge of substances from List II of Appendix 2B:

1

any direct discharge of substances from List II of Appendix 2B is prohibited.

2

substances from List II of Appendix 2B may only be discharged into groundwater providing that all required precautionary measures have been taken in order that the discharge in question:

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.


Section 4.3.2.
Indirect discharging into groundwater of industrial waste water containing substances from List II of Appendix 2B


Article 4.3.2.1. Translation not available

Article 4.3.2.2. Translation not available

Article 4.3.2.3. Translation not available

Section 4.3.3.
Indirect discharging of domestic waste water into groundwater


Article 4.3.3.1. Translation not available

Chapter 4.4.
CONTROL OF AIR POLLUTION


Section 4.4.1.
General provisions


Article 4.4.1.1. [...]

Article 4.4.1.2.

In protected zones and special protected zones as defined in Article 1.1.2., the use of fuels intended for the heating of buildings is subject to the following rules - this without prejudice to the provisions of the present Regulations, which apply to the territory as a whole, including the aforementioned zones:

a)

burning peat, brown coal and non-smokeless coal agglomerates is prohibited;

b)

the sulphur content of liquid fuels may not exceed 1% by weight, irrespective of the type of liquid fuel used;

c)

the volatile sulphur content of solid fuels may not exceed 1% by weight.


Section 4.4.2.
General establishment regulations


BAT.


Article 4.4.2.1.

The establishments must be designed, built and operated according to a code of good practice - in such a way that the air pollution caused by these establishments is reduced as much as possible or even completely prevented, if possible. To that end, the establishments are to be operated and equipped with means to reduce emissions corresponding to the best available techniques. The emission-limiting measures are aimed at reducing both the mass concentration and mass flows of the air pollution emitted by the establishment. Particular account is taken of:

1

measures to reduce the amount of waste gas, such as the encasing of parts of the establishment and purposive collection of waste gas flows;

2

measures to optimise the substances used and the energy consumed;

3

measures to optimise the operations for starting up and shutting down and other special operating conditions.

For existing establishments, with the implementation of the requirement to make use of the best available techniques as explained in paragraph 1, the following must be into account:

1

the technical characteristics of the establishment;

2

the rate of utilisation and length of the remaining life of the establishment;

3

the nature and volume of polluting emissions from the establishment;

4

the desirability of not incurring excessive costs for the establishment concerned, having regard in particular to the economic situation of enterprises belonging to the category in question.


The evacuation of waste gases.


Article 4.4.2.2. Translation not available

Minimum height for stacks or ducted vents.


Article 4.4.2.3. Translation not available

Duty to inform.


Article 4.4.2.4. The operator shall keep the stack height calculation stated in Article 4.4.2.3 available for the supervisory body. When operating a new establishment, the stack height calculation stated in Article 4.4.2.3 shall be carried out before the establishment is commissioned.

[...].


Article 4.4.2.5. [...]

Section 4.4.3.
Emission limit values


Article 4.4.3.1. Translation not available

Article 4.4.3.2. Translation not available

Article 4.4.3.3. Translation not available

Section 4.4.4.
Measuring strategy and testing measurement values


Article 4.4.4.1. Translation not available

Article 4.4.4.2. Translation not available

Article 4.4.4.3.

For the determination of a measurement value, the following sampling methods may be used:

1

continuous sampling during the full reference period;

2

sampling during a number of consecutive one-hour intervals covering the full reference period; with this, the measurement value corresponding to the reference period considered is calculated as the time-weighted arithmetic mean of the various measurements;

3

discontinuous sampling, during the reference period, whereby the sampling duration of the various sampling operations may vary by no more than a factor of 2. In that case, depending on the sampling duration used, at least the following number of samples shall be taken:

a)

for a 1-hour reference period:

sampling duration

number of samples

< 2.5 minutes

4

2.5 to 15 minutes

3

15 to 30 minutes

2

>30 minutes

1

b)

for reference periods that last more than 1 hour:

sampling duration

number of samples

< 15 minutes

4 or more

15 to 60 minutes

3 or more

1 to 2 hours

2 or more

2 hours or more

1

If necessary, the sampling duration or frequency must be increased if the indicated sampling duration or frequency does not suffice to obtain a reliable end result.

The reference period may be split into different periods of at least 1 hour if required to obtain a representative end result.

The person carrying out the measurements shall check that the chosen sampling duration and measuring frequency and, where applicable, the splitting up in time provide a representative average for the stipulated reference method.


Article 4.4.4.4. Translation not available

Article 4.4.4.5. Translation not available

Section 4.4.5.
Winter smog periods


Article 4.4.5.1. Scope

The provisions of the present Section apply to establishments classified in the first category, of which the total emissions discharged exceed the following emission values for one or more parameters:

Parameter

emission value in kg/hour

Nitrogen oxides (expressed in NO2)

40

Sulphur dioxide

60

Suspended particulates (dust)

15

Chlorine and its gaseous inorganic compounds, expressed as Cl

20

Fluorine and its gaseous inorganic compounds, expressed as F

1

Carbon monoxide

1,000

The aforementioned term "emission value" must be understood here as the average value per operational hour of the emissions during one calendar week in the most unfavourable operating conditions as regards air pollution.


Article 4.4.5.2. Measures during smog conditions

During periods of temporarily increased air pollution as a result of adverse meteorological conditions, operators of the establishments referred to in Article 4.4.5.1. must take all measures possible to limit emissions of polluting substances as much as possible. These measures will in particular relate to:

1)

the temporary reduction of production and combustion processes that give rise to the said emissions;

2)

the temporary change-over to fuel with a lower sulphur content and if possible even the use of natural gas as fuel;

3)

the temporary suspension of air-polluting activities that can be postponed;

4)

postponing the start-up of certain processes if this would involve an extra emission.


Article 4.4.5.3. Warning phase

1.

The operator referred to in Article 4.4.5.2. must keep ready to take the measures referred to in Article 4.4.5.2. as soon as:

1)

either the measured moving 24-hour average (over a period of 24 consecutive hours) for sulphur dioxide in the ambient air exceeds 190 g/m;

2)

or the measured moving hourly average for nitrogen dioxide in the ambient air exceeds 150 g/m for three consecutive hours.

2.

The warning phase referred to in 1 comes to an end as soon as the measured moving 24-hour average immission value for sulphur dioxide is less than or equal to 190 g/m, or if the measured moving hourly average immission value for nitrogen dioxide over a period of 24 consecutive hours is less than or equal to 150 g/m.


Article 4.4.5.4. Alert phase

1.

The operator referred to in Article 4.4.5.2. must take the measures referred to in Article 4.4.5.2. each time when:

1)

either the measured moving 24-hour average (over a period of 24 consecutive hours) for sulphur dioxide in the ambient air exceeds 250 g/m;

2)

or the measured moving hourly average for nitrogen dioxide in the ambient air exceeds 200 g/m.

2.

The measures referred to in 1 come to an end as soon as the measured moving 24-hour average immission value for sulphur dioxide over a period of 24 consecutive hours is less than or equal to 190 g/m or if the measured moving hourly average immission value for nitrogen dioxide over a period of 24 consecutive hours is less than or equal to 150 g/m, respectively.


Article 4.4.5.5. The Division competent for environmental enforcement shall inform the operators involved when the warning phase or the alert phase take effect and also when they end. Simultaneously, this information is also communicated to the other regions, to neighbouring countries and to the press.

Section 4.4.6.
Measurement and control of fugitive VOC emissions


Subsection 4.4.6.1.
General provisions


Article 4.4.6.1.1.

With the exception of vertical aboveground fixed containers, this Section applies to the process, storage and transshipment installations of:

1

any establishment with annual fugitive emissions in excess of 10 tonnes of VOCs, calculated in accordance with the calculation method in Chapter I of Appendix 4.4.6;

2

any establishment with annual fugitive emissions in excess of 2 tonnes of VOCs, to which one or more of the hazard statements H340, H350, H350i, H360D or H360F are assigned, calculated in accordance with the calculation method in Chapter I of Appendix 4.4.6.

The requirements of the present Section do not apply to activities in establishments stated in Section 59 of the classification list or to refrigeration installations of the type stated in Section 16.3 of the classification list.


Article 4.4.6.1.2.

[...]

The following requirements apply to installations or parts of an installation licensed for the first time on or after 1 January 2009:

1

the description of the installation stated in Article 4.4.6.2.1 must be available upon commissioning of the installation or of a part of the installation;

2

the initial sample survey stated in Article 4.4.6.2.3 must be completed no later than 31 December following the year after commissioning;

3

the first assessment of the annual fugitive emission stated in Article 4.4.6.2.5 must be carried out no later than three months after completion of the initial sample survey.


Article 4.4.6.1.3.

The measurement and management programme in Subsection 4.4.6.2 does not apply to the following equipment:

1

pressurised components;

2

sources in pipes with a diameter of less than 0.5" (12.7 mm) and abatement equipment;

3

technically sealed systems of the type defined in Chapter IV of Appendix 4.4.6.


Subsection 4.4.6.2.
Measurement and Management programme


Article 4.4.6.2.1.

1.

The operator shall implement an annual measurement and management programme to determine and limit fugitive emissions from the establishment.

2.

If the installation is divided into measurement blocks, the measurement and management programme will be implemented in each individual block.

3.

The measurement and management programme shall cover only those systems in the installation which come into contact with:

1

flows of gaseous product consisting of organic compounds at more than 10 percent by volume (excluding methane) with a vapour pressure greater than 0.3 kPa at 20C;

2

flows of liquid product consisting of organic compounds in which the sum of individual component concentrations (excluding methane), with a vapour pressure in excess of 0.3 kPa at 20C, is greater than or equal to 20 percent by weight.

4.

The programme stated in 1 is to consist of the following parts:

1

a description of the establishment consisting of:

a)

a division of the installation into measurement blocks;

b)

a quantification of the number of systems per type as stated in Chapter III of Appendix 4.4.6, documented in a verifiable manner (for example, by process flow diagram);

2

an inventory of systems;

3

a measurement and repair programme;

4

a calculation of the emissions;

5

a report.


Article 4.4.6.2.2.

1.

All systems measured must be counted and documented in a convenient and verifiable manner (for example, by process flow diagram) according to the types stated in Chapter III of Appendix 4.4.6. These counts are to be included in the inventory.

2.

If the measurement value for the system measured exceeds the registration criterion, the following information must be added to the inventory or updated within two months of the measurement:

1

identification of the system: type, location, identification number;

2

name of product;

3

description of the product flow:

a)

gaseous or liquid;

b)

percent by weight of organic compounds (excluding methane; percent by volume in the case of gasses) at a vapour pressure in excess of 0.3 kPa at 20C;

4

date and results of measurements taken;

5

repairs made and date and result of control measurements.


Article 4.4.6.2.3.

1.

The measurement programme stated in Article 4.4.6.2.1 covers the measurement of fugitive emissions from the systems in the establishment or measurement blocks.

2.

This measurement is taken using the measuring method described in Chapter II of Appendix 4.4.6.

3.

The measurements are taken by a laboratory in the discipline of air recognised for these measurements as stated in Article 6, 5, b) of the VLAREL, or by the operator. If the measurements are taken by the operator, equipment and a code of good practice shall be used that have been approved by a recognised laboratory in the discipline of air as stated in Article 6, 5, b) of the VLAREL.

4.

The measurement programme starts with the initial sample survey. The minimum number of systems to be measured per equipment type and product type is expressed as a percentage of the total number of systems and is stated in Chapter III of Appendix 4.4.6. Measurement results may be used in the initial sample survey if they do not pre-date 1 January 2000.

5.

The "modified sample survey" is carried out every year on completion of the initial or modified sample survey and within no later than one year of completing the previous survey. The minimum percentage of systems that must be measured depends on the number of leaking systems from the previous sample survey, as indicated in Chapter III of Appendix 4.4.6. To complement the "modified sample survey", the systems for which the measurement value exceeded the leak criterion in the previous sample survey must always be included again. Each "modified sample survey" is to be set up to ensure that all systems are measured after a minimum number of sample surveys.

6.

The measurement programme stated in 1 can be applied to the installation as a whole or to individual measurement blocks. All measurement blocks are to be identified before the initial sample survey commences and are to represent the installation in its entirety.

7.

For practical reasons, a small number of systems cannot always be accessible for measurement. The number of non-measurable systems is to be kept to a minimum. These systems are to be documented and measured at every opportunity when measurement is possible.


Article 4.4.6.2.4.

If the measurement value for a system exceeds the repair criterion in Chapter III of Appendix 4.4.6, the system in question must be repaired within one month of measurement.

By way of derogation from the first paragraph, the following longer repair periods can be applied:

1

repairs requiring replacement of the system itself or a component thereof must be made within three months of measurement;

2

if a repair cannot be made within the period set in point 1, this must be noted in the report stated in Article 4.4.6.2.5, first paragraph. The following information is to be stated with respect to each system:

a)

the reason why it could not be repaired within the period specified;

b)

the planned repair schedule;

c)

the resultant annual emission.

When a leaking system has been repaired, the repair is to be checked by means of a new measurement within a one-month period. If the repaired system again exceeds the repair criterion, the repair is to be made again within the maximum repair period stated in the first and second paragraphs. This procedure is to be repeated until the measurement value stays below the repair criterion.


Article 4.4.6.2.5.

Annually and no later than 31 March, a reporting document covering the previous year is to be drawn up containing the following information:

1

the division of the installation into measurement blocks;

2

per measurement block and per type of system:

a.

the number of measured points;

b.

the number of leaking systems;

c.

the number of repaired systems;

d.

list of non-repaired systems as stated in Article 4.4.6.2.4, second paragraph, 2;

e.

number of inaccessible points stated in Article 4.4.6.2.3, 7;

f.

the total annual fugitive emission calculated using the calculation method in Chapter V of Appendix 4.4.6.

The document stated in the first paragraph is to be kept archived for a minimum of ten years.


Section 4.4.7.
Controlling non-ducted dust emissions


Subsection 4.4.7.1.
General provisions


Article 4.4.7.1.1.

1.

The operator shall take measures to keep the dust emissions caused by the storage of dust-producing substances and by establishments in which dust-producing substances are transported or treated as low as possible.

The measures shall take into account the type and characteristics of the dust-producing substances or their components, the (un)loading installations and method, the mass flow rate, the meteorological conditions, faults in establishments and the location of the loading or unloading point. Safety aspects shall also be taken into consideration.

2.

Technical establishments that may cause dust emissions and establishments for the reduction of dust emissions shall be maintained and inspected in good time to minimise dust emissions. Dust filters shall be replaced in good time to ensure proper operation.

3.

From 1 January 2014, the operator must have procedures and instructions for controlling non-ducted dust emissions available for its own personnel and for the personnel of third parties engaged in activities at the establishment with a potential impact on dust emissions.

4.

Spilled materials that could lead to the formation of dust shall be removed as quickly as possible at the end of the operation.


Subsection 4.4.7.2.
Special provisions


Article 4.4.7.2.1.

Dust-producing substances are classified into dust categories in Appendix 4.4.7.1 on the basis of the dust sensitivity of the substance and the possibility of countering the production of dust, possibly by wetting. The different dust categories are:

1

SC1: dust-sensitive, not wettable;

2

SC2: dust-sensitive, wettable;

3

SC3: barely dust-sensitive;

The minister may supplement or amend Appendix 4.4.7.1.

From 1 January 2014, the operator shall determine the dust category itself on the basis of the classification of comparable substances in Appendix 4.4.7.1 with regard to dust sensitivity or on the basis of a specifically developed test if:

1

a substance is classified in the table in Appendix 4.4.7.1, but the physicochemical properties during its stay on the site are constantly such that it belongs in a different dust category. The operator shall keep the dust category and the reasons for it available for the supervisory body;

2

the substance is not classified in the table in Appendix 4.4.7.1. The operator shall establish the dust category and the reason for it before the goods are received and keep the information available for the supervisory body. If, on receipt of the goods, it appears that they belong to a different dust category from what was expected, the operator shall immediately take the necessary measures to minimise dust emissions.


Article 4.4.7.2.2.

Dust-producing substances in dust category SC1 shall be stored in an enclosed storage facility or covered with fine-mesh nets or tarpaulins. If the substances are covered, appropriate measures shall be taken to counter dust emissions during filling and when excavating the storage pile.

The number of openings in an enclosed storage facility shall be as low as possible. The openings shall be as small as possible. Non-functional openings shall be closed. Functional openings in the enclosed storage facility shall be kept closed as much as possible. When filling or emptying an enclosed storage facility, the transfer points shall be placed as far away as possible from the openings.


Article 4.4.7.2.2bis.

Silos for the storage of dust-producing substances in dust categories SC1 and SC2 shall be fitted with a dust extraction system. An emission limit value for dust of 10 mg/Nm shall apply.


For establishments licensed before 1 July 2014, this provision shall apply from 1 July 2017.


Article 4.4.7.2.3. Translation not available

Article 4.4.7.2.4. Information on maintenance actions for the technical installations stated in Article 4.4.7.1.1, 2 shall be maintained and kept available for inspection by the supervisory body.

Article 4.4.7.2.5.

1.

If dust-producing substances in dust categories SC2 and SC3 are stored in the open, dust diffusion shall be limited as far as possible by wetting the dust-producing substances. Provided the characteristics of the site and the fixed establishments allow it, the following measures shall also be taken:

1

provide the storage site with wind reduction screens;

2

an outer wall or a natural screen;

3

gather the stored volume into as few piles as possible;

4

choose the gradient of the piles such that the top layer does not slide off.

Point 2 does not apply to construction, demolition or roadbuilding works.

2.

If dry or windy weather is forecast, the piles shall be additionally sprinkled with water or foam.

Sprinkling may be replaced by spraying with a binding agent if the effectiveness of the agent is guaranteed. Notches and damage to the binding agent in the storage pile shall be inspected and repaired. Spraying shall be repeated if deemed necessary from the point of view of preventing the diffusion of dust.

3.

If the measures stated in paragraphs 1 and 2 are not taken, the storage pile shall be covered with fine-mesh nets or tarpaulins or the pile shall be transferred to an enclosed storage facility, as stipulated in Article 4.4.7.2.2, paragraph 2.


Article 4.4.7.2.6.

1.

The diffusion of dust during transport, loading and unloading of dust-producing substances shall be avoided as much as possible by:

1

adequately moistening wettable substances in dust category SC2;

2

providing operators with procedures for the use of the transport and transshipment equipment that at least contains the relevant elements stated in Appendix 4.4.7.2.

Appendix 4.4.7.2. may be supplemented or amended by the minister.

2.

The diffusion of dust during transport, loading and unloading of dust-producing substances using claw buckets shall be avoided as much as possible by:

1

using a claw bucket whereby the blades fit together well;

2

using a claw bucket that is half-closed or closed at the top for substances in dust categories SC1 and SC2, if the substance being handled allows this.

3.

The diffusion of dust during transport, loading and unloading of dust-producing substances using conveyor belts shall be avoided as much as possible by:

1

shielding open conveyor belts outside against wind using longitudinal screens, transverse screens or shelters if dust emissions remain visible after the code of good practice stated in Appendix 4.4.7.2 has been applied;

2

switching to a closed conveyor system if dust emissions remain visible after taking the measures stated in point 1.

A fixed conveyor belt for the transport of substances in dust category SC1 that is commissioned after 31 December 2013 shall be enclosed or covered. This does not apply to those parts of the conveyor belt that are loaded by a hopper or another transshipment system.

4.

The diffusion of dust at transfer points of continuous transport systems shall be avoided as much as possible by:

1

moistening or spraying the transfer points where substances in dust category SC2 are transferred if the products were not sufficiently moistened beforehand;

2

if the measures stated in point 1 cannot be applied or if dust is still visibly being diffused even after these measures have been taken, providing the transfer points where substances in dust category SC2 are transferred with wind reduction screens if this is technically possible;

3

equipping the transfer points of fixed transport systems for substances in dust category SC1 with a housing or dust extractor if this is technically possible. This also applies to dust categories SC2 and SC3 if dust emissions remain visible after the measures stated in points 1 and 2 have been taken;

4

equipping the unloading points of mobile conveyor belts for substances in dust category SC1 with a shield that connects as tightly as possible to the loading point of the next transport system or a dust extractor. This also applies to dust categories SC2 and SC3 if dust emissions remain visible after the measures stated in points 1 and 2 have been taken.

5.

The diffusion of dust during loading and unloading of dust-producing substances using hoppers shall be avoided as much as possible by:

1

fitting the hopper for substances in dust category SC1 with effective baffles or grilles. This also applies to substances in dust category SC2 that are not adequately moistened;

2

equipping fixed hoppers for substances in dust category SC1 with a dust extractor system, unless this is impossible due to location-specific conditions. This measure does not need to be taken if the operator can show that the hopper is used to load and unload substances in dust category SC1 for no more than 10% of the time it is in use.

6.

The diffusion of dust during loading and unloading of dust-producing substances using chutes, filling tubes, filler pipes and conveyor belts shall be avoided as much as possible by:

1

equipping the loading and unloading installation, if technically and operationally possible, with brake plates or modifying its end to limit the diffusion of dust;

2

equipping new loading and unloading installations, if operationally possible, with brake plates or modifying the end of the installation to limit the diffusion of dust;

7.

The diffusion of dust during loading and unloading of trucks and railway wagons with dust-producing substances shall be avoided as much as possible by:

1

for trucks that leave the site, covering a flatbed trailer filled with substances in dust category SC1 with a tarpaulin. This also applies to substances in dust category SC2 if the moisture content of these substances is not sufficient to prevent the diffusion of dust;

2

equipping the drop holes into which dust-producing substances are tipped with baffle plates.

If the loading of the loading body or the transport that leaves the site is carried out by third parties, the staff of these third parties shall be provided with instructions in accordance with point 1.


Article 4.4.7.2.7.

The diffusion of dust by traffic on and around the industrial site shall be avoided as much as possible by:

1

regularly cleaning the roads on the site;

2

limiting vehicle speeds on the site;

3

sprinkling the roads on the site if there is a chance of dust being diffused;

4

regularly cleaning the areas where storage and transshipment take place;

5

taking measures to prevent the diffusion of dust on the public roads as much as possible.


Article 4.4.7.2.8. During the period in which transshipment activities take place, the operator shall supervise the storage and transshipment activities to quickly identify dust emissions and establish their cause, so that suitable measures can be taken.

Article 4.4.7.2.9.

From 1 July 2015, the operator must satisfy the obligations stated in Article 4.4.7.2.2 to Article 4.4.7.2.8., inclusive.

By way of derogation from paragraph 1, from 1 January 2014, the operator must satisfy the obligations stated in Article 4.4.7.2.2 to Article 4.4.7.2.8, inclusive, for procedures and operations that do not lead to necessary modifications to the infrastructure.


Article 4.4.7.2.10. Translation not available

Section 4.4.8.
Installations with fluorinated greenhouse gases or ozone layer-depleting substances


Article 4.4.8.1.

The following activities on stationary fire protection equipment with fluorinated greenhouse gases or ozone layer-depleting substances may only be carried out by a recognised fire protection equipment technician as stated in Article 6, 2, f) of the VLAREL:

1

installation, maintenance, repair and decommissioning;

2

checks for leaks on fire protection equipment as stated in Article 4 of Regulation (EU) No517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No842/2006 and Article 23 of Regulation (EC) No1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer;

3

recovery of fluorinated greenhouse gases or ozone layer-depleting substances.

For the installation, maintenance, repair or decommissioning of stationary fire protection equipment with fluorinated greenhouse gases or ozone layer-depleting substances, the company where the fire protection equipment technician works is recognised as a fire protection equipment company as stated in Article 6, 7, c) of the VLAREL.

Where fire protection equipment with fluorinated greenhouses gases is concerned, paragraph 1 does not apply to a person in possession of a registration certificate for training to obtain a certificate as stated in Article 17/2, 2 of the VLAREL, provided that he/she carries out the work under the supervision of a recognised fire protection equipment technician. This exemption from the requirement of recognition is granted for a maximum of ten years, from the date of registration for training, and lapses if the person receives recognition as a fire protection equipment technician as stated in Article 6, 2, f) of the VLAREL. The person concerned must produce proof of registration at the request of the competent supervisory body.

Paragraph 1 also does not apply to manufacturing and repair activities at premises of the manufacturer for containers or associated components of stationary fire protection equipment with fluorinated greenhouse gases.


Article 4.4.8.2.

The following activities on electrical switchgear with fluorinated greenhouse gases may only be carried out by a recognised electrical switchgear technician as stated in Article 6, 2, g) of the VLAREL:

1

installation, maintenance, repair and decommissioning;

2

recovery of fluorinated greenhouse gases.

Paragraph 1 does not apply to a person in possession of a registration certificate for training to obtain the certificate as stated in Article 17/3, 2 of the VLAREL, provided that he/she carries out the work under the supervision of a recognised electrical switchgear technician who assumes complete responsibility for the correct performance of the work. This exemption from the requirement of recognition is granted for a maximum of one year, from the date of registration for training, and lapses if the person receives recognition as an electrical switchgear technician as stated in Article 6, 2, g) of the VLAREL. The person concerned must produce proof of registration at the request of the competent supervisory body.

Paragraph 1 also does not apply to manufacturing and repair activities at premises of the manufacturer for electrical switchgear with fluorinated greenhouse gases.

Until 1 July 2017, paragraph 1 does not apply to the installation, maintenance, repair and decommissioning of electrical switchgear with fluorinated greenhouse gases and to the recovery of fluorinated greenhouse gases from electrical switchgear other than high-voltage switchgear.


Article 4.4.8.3.

The recovery of fluorinated greenhouse gases or ozone layer-depleting substances from stationary apparatus containing solvents based on fluorinated greenhouse gases or ozone layer-depleting substances may only be carried out by a recognition technician for apparatus containing solvents as stated in Article 6, 2, h) of the VLAREL.

Where stationary apparatus containing solvents based on fluorinated greenhouse gases is concerned, paragraph 1 does not apply to a person in possession of a registration certificate for training to obtain a certificate as stated in Article 17/4, 2 of the VLAREL, provided that he/she carries out the recovery under the supervision of a recognised technician for apparatus containing solvents. This exemption from the requirement of recognition is granted for a maximum of one year, from the date of registration for training, and lapses if the person receives recognition as a technician for apparatus containing solvents as stated in Article 6, 2, h) of the VLAREL. The person concerned must produce proof of registration at the request of the competent supervisory body.


Translation not available

Chapter 4.5.
CONTROL OF NOISE POLLUTION


Section 4.5.1.
General provisions


Article 4.5.1.1. Translation not available

Section 4.5.2.
Guide values for specific noise in the open air and indoors


Article 4.5.2.1. For the assessment of the noise from establishments, the values in dB(A) given in Appendices 4.5.4. and 4.5.5. to the present Order apply as guide values against which the specific noise in the open air of an establishment is measured.

Article 4.5.2.2. For the assessment of the noise from establishments which have a common wall and/or floor with inhabited spaces, the values in dB(A) given in Appendix 2.2.2. to the present Order apply as guide values against which the specific noise inside an establishment is measured.

Section 4.5.3.
Conditions for new category 1 and 2 establishments and for modifications to existing category 1 and 2 establishments


Article 4.5.3.1.

1.

LA95,1h of the original ambient noise is equal to or greater than the guide value given in Appendix 2.2.1 to the present Order. In this case, the specific noise produced in the open air by the new establishment or, as appropriate, by all or part of an existing establishment to which a modification has been made, must on the one hand be limited to the LA95,1h of the original ambient noise decreased by 5 dB(A), and must on the other hand be limited to the specific guide values stipulated in Appendix 4.5.4 to the present Order.

2.

LA95,1h of the original ambient noise is less than the guide values specified for the areas in points 1, 4, [...] 6 or 7 of Appendix 2.2.1 to the present Order. In this case, the specific noise produced in the open air by the new establishment or, as appropriate, by all or part of an existing establishment to which a modification has been made, must on the one hand be limited to the LA95,1h of the original ambient noise, and must on the other hand be limited to the specific guide values stipulated in Appendix 4.5.4 to the present Order decreased by 5 dB(A).

3.

LA95,1h of the original ambient noise is less than the guide values specified for the areas in points 2, 3, 5, 8, 9 or 10 of Appendix 2.2.1 to the present Order. In this case, the specific noise produced in the open air by the new establishment - or, as appropriate, by all or part of the existing establishment to which a modification has been made - must be limited to the specific guide values stipulated in Appendix 4.5.4 to the present Order decreased by 5 dB(A).

4.

Without prejudice to the provisions of 1, 2 and 3, new category 1 or 2 establishments as well as modifications to existing category 1 or 2 establishments having a common wall and/or floor with inhabited spaces must comply with the following provisions:

the specific noise inside of the establishment, measured in the inhabited spaces with windows and doors closed, must be limited to the specific guide values stipulated in Appendix 2.2.2 to the present Order decreased by 3 dB(A).

5.

If the noise in the open air produced by an establishment has an incidental, fluctuating, intermittent or impulsive character, then the guide values given in Appendix 4.5.5 to the present Order are to be applied to the appropriate value. The appropriate value is the guide value given in Appendix 4.5.4 to the present Order for the different areas, decreased by 5 dB(A).

6.

The conditions stated in the present Section are represented diagrammatically in decision diagrams 4.5.6.1 and 4.5.6.3 in Appendix 4.5.6 to the present Regulation.


Section 4.5.4.
Conditions for existing category 1 and 2 establishments


Article 4.5.4.1. Translation not available

Section 4.5.5.
Conditions for category 3 establishments


Article 4.5.5.1.

1.

When measured in the measurement positions stipulated in 3 or 4 of Article 1 of Appendix 4.5.1. to the present Order, the specific noise in the open air produced by new establishments as well as by modifications to existing establishments must not exceed the guide value stipulated in Appendix 4.5.4 to the present Order decreased by 5 dB(A).

2.

Without prejudice to the provisions of 1, the specific noise indoors produced by new establishments as well as by modifications to existing establishments having a common wall and/or floor with inhabited areas must comply with the following provision:

the specific noise measured in the inhabited spaces with windows and doors closed must be limited to the guide values stipulated in Appendix 2.2.2 to the present Order decreased by 3dB(A).

3.

At the measurement positions stipulated in 3 or 4 of Article 1 of Appendix 4.5.1 to the present Order, the specific noise in the open air produced by existing establishments is limited to such an extent that the guide value in Appendix 4.5.4 to the present Order is approximated as much as possible, taking into account the provisions of Article 4.5.1.1 and with the application of the best available techniques.

4.

Without prejudice to the provisions of 3, the specific noise indoors for existing establishments having a common wall and/or floor with inhabited spaces is limited in such a way that the guide values indicated in Appendix 2.2.2. to the present Order are approximated as much as possible, taking into account the provisions of Article 4.5.1.1 and with the application of the best available techniques.

5.

[...]

6.

If the noise in the open air produced by an establishment has an incidental, fluctuating, intermittent or impulsive character, then the guide values given in Appendix 4.5.5 to the present Order are to be applied to the appropriate value. The appropriate value for new establishments is the guide value given in Appendix 4.5.4 to the present Order, decreased by 5 dB(A). For existing establishments, the appropriate value is the guide value given in Appendix 4.5.4 to the present Order.

7.

The conditions stated in the present Section are represented diagrammatically in decision diagrams 4.5.6.4 and 4.5.6.5 in Appendix 4.5.6 to the present Regulation.


Section 4.5.6.
Special conditions


Article 4.5.6.1. Translation not available

Section 4.5.7.
Conditions for loading and unloading operations for certain establishments classified in accordance with Section 16.3.1


Scope and general provisions.


Article 4.5.7.0.1.

This Section applies to loading and unloading operations with trucks at establishments that cumulatively satisfy the following conditions:

1

the establishment comes under category 47.11 of the reference framework for the production and dissemination of statistics related to economic activities in Europe (NACE 2008). This category is defined as retail trade services in non-specialised stores with food, beverages or tobacco predominating;

2

the establishment includes an activity as stated in Section 16.3.1;

3

the establishment is equipped with its own loading and unloading area. An own loading and unloading area is a specific area within the boundaries of the establishment that is set up for the loading and unloading of goods.


Article 4.5.7.0.2. The operator shall take the necessary measures using the best available techniques to limit the noise produced by loading and unloading operations, and to prevent the noise produced by loading and unloading operations from being a source of nuisance to the environment.

Conditions while loading and unloading goods.


Article 4.5.7.0.3.

The engine of the truck must be switched off while loading and unloading goods.

By way of derogation from sections 4.5.2 to 4.5.5 inclusive, the following conditions apply to the loading and unloading of goods between 6 a.m. and 11 p.m.:

1

the average level of short-term increases in noise in the open air caused by the loading and unloading of goods must be restricted to the limits stated in Appendix 4.5.7.1. The average level of short-term increases in noise in the open air caused by the loading and unloading of goods is measured as LA05,T, where the time interval T covers the duration of the loading and unloading of the goods;

2

the level of the highest short-term increases in noise in the open air caused by the loading and unloading of goods must be restricted to the limits stated in Appendix 4.5.7.2. The level of the highest short-term increases in noise in the open air caused by the loading and unloading of goods is measured as LA01,T, where the time interval T covers the duration of the loading and unloading of the goods.


Conditions while manoeuvring the truck.


Article 4.5.7.0.4.

By way of derogation from sections 4.5.2 to 4.5.5 inclusive, the level of the highest short-term increases in noise in the open air caused by the manoeuvring of the truck in the early morning and late evening is limited to the guidance values stated in Appendix 4.5.4 plus 30 dB(A). The level of the highest short-term increases in noise in the open air caused by the manoeuvring of the truck is measured as LA01,T, where the time interval T covers the duration of the manoeuvring of the truck.

The provisions of sections 4.5.2 to 4.5.5 inclusive do not apply to manoeuvring the truck between 7 a.m. and 7 p.m.


Subsection 4.5.7.1.
Conditions for loading and unloading operations in the early morning and late evening


General provisions.

Article 4.5.7.1.1.

1.

This subsection applies to the loading and unloading operations stated in Article 4.5.7.0.1 that are carried out in the early morning and late evening.

The engine of the truck and the drive of refrigeration units with which the truck is fitted must be switched off while loading and unloading goods, unless the refrigeration units are connected to the mains electricity. Radios must be switched off.

During early morning hours a maximum of one delivery may be made, and a maximum of two deliveries during late evening hours.

In accordance with Appendix 4.5.7.3, the operator shall take the necessary measures to limit the nuisance caused by loading and unloading operations in the early morning and late evening.


Loading and unloading goods at establishments with an open-air loading and unloading area.

Article 4.5.7.01.2.

Without prejudice to Article 4.5.7.0.3, the following minimum distances apply to the loading and unloading of goods in the early morning and late evening at establishments with an open-air loading and unloading area if the nearest houses are situated in an area as stated in Appendix 2.2.1, 2:

1

for loading and unloading operations with low-noise equipment: 40 m between the centre of the rear of the parked truck in the loading and unloading area and the nearest houses;

2

for all other loading and unloading operations: 50 m between the centre of the rear of the parked truck in the loading and unloading area and the nearest houses.

The distances specified in paragraph 1 may be reduced after taking additional structural noise-reducing measures such as the installation of a noise barrier if it is demonstrated that the conditions stated in paragraph 2 of Article 4.5.7.0.3 have been satisfied. This may be demonstrated by means of a noise study prepared by an environmental expert recognised in the discipline of noise and vibrations as stated in Article 6, 1, c), a of the VLAREL.


Loading and unloading of goods at establishments with a covered loading and unloading area.

Article 4.5.7.1.3.

Without prejudice to Article 4.5.7.0.3, the following minimum distances apply to the loading and unloading of goods in the early morning and late evening at establishments with a covered loading and unloading area if the nearest houses are situated in an area as stated in Appendix 2.2.1, 2:

1

for loading and unloading operations with low-noise equipment: 20 m between the centre of the rear of the parked truck in the loading and unloading area and the nearest houses;

2

for all other loading and unloading operations: 30 m between the centre of the rear of the parked truck in the loading and unloading area and the nearest houses.

The distances specified in paragraph 1 may be reduced after taking additional structural noise-reducing measures such as the installation of a noise barrier if it is demonstrated that the conditions stated in paragraph 2 of Article 4.5.7.0.3 have been satisfied. This may be demonstrated by means of a noise study prepared by an environmental expert recognised in the discipline of noise and vibrations as stated in Article 6, 1, c), a of the VLAREL.


Loading and unloading of goods at establishments with an indoor loading and unloading area.

Article 4.5.7.1.4. Without prejudice to Article 4.5.7.0.3, no minimum distances between the loading and unloading area and the nearest houses apply to the loading and unloading of goods in the early morning and late evening at establishments with an indoor loading and unloading area if the nearest houses are situated in an area as stated in Appendix 2.2.1, 2.

Manoeuvring the truck.

Article 4.5.7.1.5.

Without prejudice to Article 4.5.7.0.4, a minimum distance of 10 m between the route taken when manoeuvring the truck in the early morning and late evening and the nearest houses applies if the nearest houses are situated in an area as stated in Appendix 2.2.1, 2.

The distance specified in paragraph 1 may be reduced after taking additional structural noise-reducing measures such as the installation of a noise barrier if it is demonstrated that the conditions stated in Article 4.5.7.0.4 have been satisfied. This may be demonstrated by means of a noise study prepared by an environmental expert recognised in the discipline of noise and vibrations as stated in Article 6, 1, c), a of the VLAREL.

Without prejudice to Article 4.5.7.0.4, no minimum distance between the route taken when manoeuvring the truck and the nearest houses applies to manoeuvring the truck in the early morning and late evening at establishments with an indoor loading and unloading area if the route taken when manoeuvring the truck lies entirely within a closed building and if the nearest houses are situated in an area as stated in Appendix 2.2.1, 2.


Chapter 4.6.
CONTROL OF NUISANCE DUE TO LIGHT


Article 4.6.0.1. Without prejudice to other regulatory provisions, the operator takes the necessary measures to prevent light nuisance.

Article 4.6.0.2. The use and the intensity of light sources in the open air are limited to necessities related to operation and safety. The lighting must be conceived in such a way that the non-functional emission of light to the surrounding area is limited to the greatest possible extent.

Article 4.6.0.3. Accent lighting may only be aimed at the establishment or parts thereof.

Article 4.6.0.4. Illuminated advertising may not exceed the normal intensity of public lighting.

Chapter 4.7.
ASBESTOS CONTROL


Article 4.7.0.1.

1.

Without prejudice to the provisions regarding water, soil, groundwater and air pollution and waste materials management, in keeping with Directive 87/217/EEC with the use of asbestos and when working with asbestos-containing products, the necessary measures must be taken to ensure that, as far as reasonably practicable, emissions of asbestos into the environment and asbestos waste materials are reduced or prevented at the source to the extent possible. With the use of asbestos, these measures imply that use is made of the best available techniques, including recycling or treatment where this is useful.

The necessary measures are also to be taken to ensure that:

1

during the transportation, the loading and the unloading of waste materials which contain asbestos fibres or asbestos dust, these fibres and dust cannot be released into the air and no liquids are discharged which may contain asbestos fibres;

2

where waste materials containing asbestos fibres or dust are landfilled at sites licensed for this purpose, such waste is so treated, packaged or covered, taking local conditions into account, that the release of asbestos particles into the environment is prevented;

3

activities related to working with asbestos-containing products may cause no significant environmental pollution due to asbestos fibres or dust;

4

the demolition of buildings, structures and establishments containing asbestos and the removal therefrom of asbestos or materials containing asbestos, involving the release of asbestos fibres or dust do not cause the release of asbestos into the environment.

2.

Operators themselves can dispose of the following applications containing asbestos, provided their removal involves simple operations (e.g., it can be easily unscrewed):

1

bonded asbestos which is undamaged or in which no free fibres are visible and the removal of which will not affect this state;

2

bonded asbestos which is damaged or in which free fibres are visible and which is used in an application outdoors where third parties are not present, provided its removal will not affect this state;

3

cords, seals or gaskets, brake linings and similar materials containing asbestos.

Other applications may only be removed by specialised companies.

3.

When material containing asbestos, as stated in 2, 1, 2 and 3, is dismantled and removed, the spread of fibres and human exposure to asbestos fibres shall be prevented by taking the following measures:

1

wetting or fixing of the material;

2

removing the elements one-by-one, preferably manually, using hand tools, or as a final resort, slowly revolving tools;

3

not throwing the materials;

4

not breaking the materials;

5

storing the materials in sealed receptacles. Minors may not be present during the work.

A type P3 or similar dust mask shall be used to provide personal protection against exposure.

4.

Applications containing asbestos shall be stored separately and not mixed with other demolition waste;

5.

It is forbidden to use high-speed mechanical tools (sanding discs, grinders, electric drills, etc.), high pressure water cleaners, or air compressors in order to craft, cut or clean objects or surfaces made from materials containing asbestos, or objects or surfaces covered with materials containing asbestos, or to remove asbestos.


Article 4.7.0.2.

For existing establishments, with the implementation of the requirement to make use of the best available techniques as specified in Article 4.7.0.1., 1, the following must be taken into account:

1

the technical characteristics of the establishment;

2

the rate of utilisation and length of the remaining life of the establishment;

3

the nature and volume of polluting emissions from the establishment;

4

the desirability of not incurring excessive costs for the establishment concerned, having regard in particular to the economic situation of enterprises belonging to the category in question.


Article 4.7.0.3.

Regarding emissions into the air and discharges of aqueous effluent, respectively, in particular the following provisions apply:

1

from Article 5.3.2.4 and Appendix 5.3.2, sub 2, b), as regards the conditions for the discharge of aqueous effluent;

2

from Article 4.2.5.3.1 and Appendices 4.2.5.2 and 4.4.5.A as regards the compulsory measurements and measuring methods for the discharge of aqueous effluent;

3

from Article 4.4.3.1 and Appendix 4.4.2 as regards the limit values for emissions into the air;

4

from Article 4.4.4.1 and Appendices 4.4.3, 4.4.4 and 4.4.5.B as regards the compulsory measurements and the measuring method for emissions into the air.


Chapter 4.8.
DISPOSAL OF PCBs AND PCTs


Article 4.8.0.1. [...]

Article 4.8.0.2. [...]

Article 4.8.0.3. [...]

Article 4.8.0.4. [...]

Chapter 4.9.
Energy planning and energy audits


Section 4.9.1.
Energy planning


Article 4.9.1.1.

This section applies to all classified establishments with a total energy consumption of at least 0.5 petajoule per annum.

By way of derogation from paragraph 1, the energy-intensive establishments of enterprises that are party to the energy policy agreements for the anchoring of and for permanent energy efficiency in the Flemish energy-intensive (VER) industry, non-VER companies and VER companies are exempted from the present Section.


Article 4.9.1.2.

1.

Within six months of it becoming apparent from the next integral annual environmental report submitted that the classified establishment has a total energy consumption of 0.5 petajoule per annum, the operator shall prepare an energy plan for this establishment that must be declared compliant in accordance with Articles 6.5.4, 6.5.5, 6.5.6 and 6.5.7 of the Energy Order of 19 November 2010. This plan is kept available at the installation for perusal by the supervisory bodies.

2.

Within three years of the energy plan being declared compliant, the operator shall implement all measures from this energy plan with an internal rate of return as stated in Article 6.5.4, 1, 7 of the Energy Order of 19 November 2010. The time limit may be extended upon reasoned request by the operator to the Flemish Energy Agency or an exemption may be granted for the implementation of these measures. In the request, the operator shall show, with well-founded economic reasoning, that the above time limit cannot be adhered to or that the internal rate of return has fallen below the internal rate of return stated in Article 6.5.4, 1, 7 of the Energy Order of 19 November 2010.


Article 4.9.1.3. Translation not available

Section 4.9.2.
Energy audits


Article 4.9.2.1.

The present Section applies to all classified establishments where either more than 250 people work or for which the annual turnover exceeds EUR 50 million and the annual balance sheet total exceeds EUR 43 million.

By way of derogation from paragraph 1, all classified establishments that fall under the scope of Section 4.9.1 are exempted from the present Section.

By way of derogation from paragraph 1, the energy-intensive establishments of enterprises that are party to the energy policy agreements for the anchoring of and for permanent energy efficiency in the Flemish energy-intensive (VER) industry, non-VER companies and VER companies, concluded pursuant to Article 7.7.1 of the Energy Decree of 8 May 2009, and meet their obligations under these energy policy agreements, are exempted from the present Section.

By way of derogation from paragraph 1, the classified establishments that have a European energy standard EN 16001 or an international standard for energy management systems ISO 50001 are exempted from the present Section.

By way of derogation from paragraph 1, classified establishments that hold a valid energy performance certificate for public buildings as stated in Articles 9.2.12 to 9.2.16 inclusive of the Energy Order of 19 November 2010 are exempt from the present Section.


Article 4.9.2.2.

1.

By 1 December 2015 at the latest, the classified establishments shall have a valid energy audit.

2.

The energy audit shall be carried out by the operator of the classified establishment or a person duly authorised by the operator, who shall register in the web application as stated in Section 4.9.3.

3.

The energy audit is valid for four years.

4.

An energy audit:

1

is based on current, measured, traceable operational data concerning energy consumption and on the load profiles for electricity;

2

includes a detailed overview of the energy consumption profile of buildings or groups of buildings, industrial processes or establishments, including transport;

3

insofar as is possible, build on an analysis of life cycle costs, instead of simple payback periods, to take into account long-term savings, residual values of long-term investments and discount rates;

4

is proportionate and sufficiently representative to allow a reliable picture to be formed of the total energy performances and the key points for improvement to be reliably determined.


Section 4.9.3.
Web application


Article 4.9.3.1. The operator of the classified establishment or a person duly authorised by the operator shall enter the results of the energy plan drawn up in accordance with Section 4.9.1, or of the energy audit prepared in accordance with Section 4.9.2, into the web application made available by the Flemish Energy Agency.

Article 4.9.3.2. The operator of the classified establishment that is exempt from preparing an energy audit in accordance with Article 4.9.2.1, paragraph 4, or a person duly authorised by the operator, shall enter the results of the energy audit resulting from the EN 16001 or ISO 50001 procedure in the web application made available by the Flemish Energy Agency.

Article 4.9.3.3. The operator of the classified establishment of enterprises that are party to the energy policy agreements for the anchoring of and for permanent energy efficiency in the Flemish energy-intensive (VER) industry, non-VER companies and VER companies, concluded pursuant to Article 7.7.1 of the Energy Decree of 8 May 2009, and meet their obligations under these energy policy agreements, are exempted from the present Section.

Article 4.9.3.4.

The information in the web application is confidential and only accessible to the Flemish Energy Agency and the supervisory body. The operator of the classified establishment or a person duly authorised by the operator shall at all times have sole access to the details of his/her own energy plan or energy audit.

By way of derogation from paragraph 1, in the context of reporting requirements the Flemish Energy Agency may make anonymised and aggregated data from the web application available to the competent authorities, whereby the level of aggregation must guarantee adequate confidentiality. The individual data available in this web application are confidential and may not be used either by the Flemish Energy Agency or by any other party without the prior written consent of the operator.


Chapter 4.10.
EMISSIONS OF GREENHOUSE GASES


Section 4.10.1.
GHG emissions


Article 4.10.1.1. Translation not available

Article 4.10.1.2. Translation not available

Article 4.10.1.3. The volume of GHG emissions stated in Article 4.10.1.2, 2 is equal to the GHG emissions in the annual emission report verified and validated for the establishment in question, as stated in Article 4.10.1.5, 3. Where appropriate, the volume of GHG emissions stated in Article 4.10.1.2, 2 is equal to the conservative estimate stated in Article 4.10.1.5, 7.

Article 4.10.1.4. Translation not available

Article 4.10.1.5. Translation not available

Article 4.10.1.6. If a polluting establishment loses its status as a GHG installation, or if the activities of the GHG installation are stopped, the operator of the GHG installation must submit a request to have the applicable Y-sections deleted within fourteen days.