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:

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

the energy management;

management of raw materials;

production methods and product management;

prevention and management of wastes;

external safety;

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

providing information to the public;

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:

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;

providing for the necessary fire prevention measures;

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 competent for 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:

general information about the operator;

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

the products involved;

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

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. [...]