Part 5.
SECTORAL ENVIRONMENTAL CONDITIONS FOR CLASSIFIED ESTABLISHMENTS


Chapter 5.1.
PETROLEUM OR PETROLEUM PRODUCTS


Article 5.1.0.1.

For the establishments meant in subsection 1.2. of the classification list, no sectoral regulations are specified. The general and any other applicable sectoral and special environmental conditions remain in full force.

 

For the establishments meant in subsection 1.1 of the classification list, the provisions of section 5.20.2 apply.


Chapter 5.2.
WASTE PROCESSING ESTABLISHMENTS


Section 5.2.1.
General provisions


Scope.


Article 5.2.1.1.

§ 1.

The provisions of this chapter apply to the establishments meant in section 2 of the classification list.

 

§ 2.

The requirements of this chapter apply without prejudice to the provisions of the decree of 23 December 2011 concerning the sustainable management of material cycles and waste materials and its implementing orders.

 

§ 3.

The following conditions related to waste materials acceptance, work plan, setting up and infrastructure do not apply to the storage of waste materials at the establishment where they are produced and from which they are removed regularly.

 

§ 4.

Depending on the type of establishment, the following general operating conditions are supplemented by the conditions listed in sections 5.2.2. (waste storage and treatment establishments), 5.2.3. (waste incineration establishments), 5.2.4 (landfills for waste materials in or on the soil) and 5.2.5. (Mono-landfills for dredging spoil originating from surface waters in the public hydrographic network).

 

§ 5.

Animal by-products that are regarded as waste materials as specified in the decree of 23 December 2011 on the sustainable management of material cycles and waste materials are collected, treated and disposed of in accordance with the provisions of the regulation on animal by-products and its implementing Regulation (EU) No 142/2011.

 

§ 6.

This section does not apply to the establishments meant in sections 2.2.2, h), 2.3.2, f) and 2.3.3, b) of the classification list.


The acceptance and registration of waste materials.


Article 5.2.1.2. Translation not available

The work plan.


Article 5.2.1.3.

§ 1.

At the commencement of operations the operator has a work plan. According to the kind of establishment concerned, this work plan comprises:

 

a well-organised and clear manual for the operation of the establishment;

the organisation of waste materials delivery;

the organisation of the processing of the delivered waste materials;

a plan of the storage and treatment spaces, indicating the nature and the storage capacity for the different waste materials.

the organisation of the removal of waste materials;

the processing method for the delivered waste materials if the establishment is out of service (temporarily);

the drainage plan including the schedule, organisation and introduction of measures for the drainage of the establishment and/or the site;

measures to be taken in the event of malfunctions or undesired side-effects and to prevent nuisance.

 

§ 2.

The work plan must have the approval of the supervisory authority. The approved work plan is monitored by the supervisor.


Setting up and infrastructure.


Article 5.2.1.4.

§ 1.

When setting up a waste processing establishment, to protect the site and environs one should take into account the presence in the vicinity of the site of the following (and the distances from these to the site):

  • residential areas, recreation areas, agricultural areas, parkland or comparable areas, as indicated in the municipal land use plans and the implementation plans in operation in land-use planning;
  • valuable agricultural landscape areas or comparable areas, as indicated in the municipal land use plans and the implementation plans in operation in land-use planning;
  • vulnerable areas;
  • the perimeters of areas demarcated according to or in implementation of international treaties, agreements or guidelines;
  • watery areas as defined in Article 2 of the decree of 21 October 1997 concerning the conservation of nature and the natural environment;
  • roads and waterways;
  • the cultural patrimony, such as listed monuments, protected towns and villages, protected cultural/historical landscapes and protected archaeological sites;
  • water abstraction areas and protected zones of types I, II and III for groundwater, demarcated in application of the decree of 24 January 1984 concerning measures relating to groundwater management, and the sub-hydrographic basins of surface water intended for the production of drinking water, demarcated in application of the law of 26 March 1971 on the protection of surface waters against pollution.

 

§ 2.

Furthermore, according to the kind of establishment concerned the following factors must also be taken into account - in any event in the case of landfill sites:

  • the geological and hydrogeological conditions in the area;
  • the potential value of the aquifers present;
  • the mechanical characteristics of the soil and the stability of the site, including the risk of flooding, subsidence, landslides etc.;
  • the final purpose of the site;
  • the protection of the nature or the cultural patrimony in the area.

Article 5.2.1.5. Translation not available

Operation.


Article 5.2.1.6.

§ 1.

The operator ensures the proper operation and the cleanliness of the establishment. The staff is given the necessary instructions for the operation and maintenance of the establishment.

 

The operator ensures that the management of the establishment is in the hands of a natural person who is technically competent to manage the establishment. The operator of the establishment ensures that professional and technical training of staff is provided.

 

The establishment is set up and operated in such a way that no waste or litter gets scattered outside the establishment and that litter and wind-blown material is prevented to the greatest possible extent.

 

The whole establishment, including entrance and exit, car park and roads are thoroughly cleaned at regular intervals, daily if necessary. Litter along the enclosure and in the grounds is removed regularly, at least once a week.

 

§ 2.

When malfunctions or breakdowns occur, the operator takes the steps required to have any repairs carried out as soon as possible. He/she ensures that the required spare parts are obtained rapidly.

 

§ 3.

Using appropriate means particular to the responsible operation of the establishment, the operator prevents and combats dust, gas, aerosols, smoke or unpleasant odours. The operator takes all possible measures to minimise polluting emissions. Any nuisance caused may not exceed acceptable limits nor should it go beyond the normal nuisance caused by neighbours.

 

§ 4.

Unless specified otherwise in the environmental licence and without prejudice to other conditions concerning noise nuisance prevention, any activities disturbing peace and quiet are prohibited on workdays before 7 a.m. and after 7 p.m., on Sundays and public holidays.

 

§ 5.

The operator takes all steps required to prevent vibrations inherent in the operation of the establishment from causing harm to the stability of constructions or becoming a source of discomfort to the neighbourhood. Vibrations caused by the installations must not be transmitted to the building or the surrounding area. Parts of the installations that may act as sources of vibration are equipped with a vibration-damping system.

 

§ 6.

The operator takes all measures necessary to prevent nuisances caused by birds, vermin and insects. The use of pesticides is avoided to the greatest possible extent and the approval of the supervisory authority is required.

 

§ 7.

It is prohibited to let animals run free at the establishment

 

§ 8.

Any waste water that is generated in the establishment is collected. Waste water is always treated in an appropriate manner to be recycled or reused where possible, or in the other case to be discharged. No direct connection may exist between the point where waste water to be treated is collected and a surface water or a sewer.

 

§ 9.

The drainage of adjacent plots may not be impeded.


Article 5.2.1.7. Translation not available

Article 5.2.1.8. Translation not available

Fire prevention and firefighting.


Article 5.2.1.9. Translation not available

Section 5.2.2.
Waste storage and treatment establishments


Subsection 5.2.2.1.
Civic amenity sites


Waste materials acceptance.

Article 5.2.2.1.1. Translation not available

Article 5.2.2.1.2. By way of derogation from the general conditions for waste processing establishments, no weighbridge is required and in the register only information regarding removed waste materials is recorded, as well as information on any difficulties or malfunctions experienced, observations, measurements and other information about the establishment's operation.

Operation.

Article 5.2.2.1.3. Translation not available

Subsection 5.2.2.2.
Establishments for the storage and separation of dangerous household waste, connected to civic amenity sites.


Waste materials acceptance.

Article 5.2.2.2.1. Translation not available

Article 5.2.2.2.2.

§ 1.

The delivery, acceptance and sorting of the dangerous household waste is permitted only under supervision of the operator or his/her authorised representative. The operator or the above-mentioned representative has a sufficient command of chemistry and has sufficient knowledge of the characteristics and dangers of the chemicals that may be accepted and of the relevant safety regulations. The operator has to inform the supervisor of his/her authorised representative's name in writing.

 

§ 2.

By way of derogation from the general conditions for waste processing establishments, no weighbridge is required and in the register only information regarding removed waste materials is recorded, as well as information on any difficulties or malfunctions experienced, observations, measurements and other information about the establishment's operation.


Operation.

Article 5.2.2.2.3.

§ 1.

The collected waste materials are separated and stored immediately or at the latest by the end of the day's work by the operator or his/her authorised representative in such a way that any risk is avoided.

 

§ 2.

The dangerous household waste is separated and sorted according to the chemical composition, nature or characteristics of the different waste materials. The containers or recipients are clearly labelled with the nature of the individual waste materials and the relevant danger pictograms.

 

§ 3.

The dangerous household waste is stored in an impervious compartmentalised container ("secure space for dangerous household waste") or in a closed storage area, in accordance with the approved work plan.

 

§ 4.

If it is found that a receptacle containing dangerous household waste is leaking, the receptacle or its contents are transferred to another suitable receptacle immediately and any spilled liquid is cleared. To this end, sufficient spare receptacles and absorbing material are kept available at the establishment. Empty polluted recipients and polluted absorbing material are removed with the dangerous household waste.


Subsection 5.2.2.3.
Storage and composting of green waste, vegetable, fruit and garden (GFT) waste and organic/biological industrial waste materials


Common provisions.

Article 5.2.2.3.1. The provisions of this subsection apply to the establishments meant in subsections 2.2.3, a), b) and c) of the classification list.

Article 5.2.2.3.2. By way of derogation from the general provisions applicable to waste processing establishments, class 3 establishments require neither a weighbridge, nor a screen of greenery nor a waste register.

Article 5.2.2.3.3. Outside opening hours, the composting establishment must be closed to unauthorised persons. [...]

Article 5.2.2.3.4. The operator keeps a compost journal containing information on temperature measurements and dates relating to turning and end product harvesting.

Article 5.2.2.3.5.

§ 1.

Aerobic composting must be managed such that:

uniform aerobic composting is assured in the compost heaps;

the composting time is such that the process results in a serviceable end product.

 

§ 2.

The aerobic composting establishment has a spreading area to ensure complete composting. When the composting heaps are built, the material to be composted is sufficiently dampened to facilitate the composting process. The substrate is regularly turned to maintain aerobic conditions in the heap. The equipment needed to aerate or turn the compost must be present.

 

§ 3.

If compost is stored temporarily, this must be in an area which is free of dust and in heaps of no higher than 4 metres.

 

§ 4.

Composting establishments with a composting area greater than 10 m must have a sealed and waterproof floor fitted with a drainage system. The drainage water is collected, treated if necessary, and stored with a view to future reuse as a means of dampening the composted waste.


Establishments used solely for the composting of green waste.

Article 5.2.2.3.6. The establishments meant in subsection 2.2.3, a) may only accept compostable waste originating from the maintenance of gardens and parks.

Establishments for the composting of vegetable, fruit and garden (GFT) waste.

Article 5.2.2.3.7. Translation not available

Article 5.2.2.3.8. Translation not available

Establishments for the composting of organic/biological industrial waste materials.

Article 5.2.2.3.9. Translation not available

Subsection 5.2.2.3bis.
Storage and pre-treatment of green material pending useful application


Article 5.2.2.3bis.1. The provisions of this subsection apply to the establishments meant in subsection 2.2.3, d) of the classification list.

Article 5.2.2.3bis.2. By way of derogation from the general provisions applicable to waste processing establishments, class 3 establishments require neither a weighbridge, nor a screen of greenery nor a waste register.

Article 5.2.2.3bis.3. The establishment may only accept green material originating from the upkeep of soft roadside verges and natural areas.

Article 5.2.2.3bis.4.

 Business activities on-site must be managed such that:

storage and pre-treatment bring about a halt to biological processes or at least control them to exclude all possibility of odour nuisance and soil pollution;

pre-treatment is in line with final processing.


Article 5.2.2.3bis.5. [...]

Article 5.2.2.3bis.6. [...]

Subsection 5.2.2.3ter.
Storage and biological treatment of non-dangerous waste materials


Article 5.2.2.3ter.1. This subsection applies to the establishments meant in sections 2.2.3, e), 2.2.3, f), 2.3.3, a) and 2.3.7, d) of the classification list.

Article 5.2.2.3ter.2. The operator ensures that open basins are filled to a level no higher than that at which there is no danger of the basins overflowing.

Article 5.2.2.3ter.3.

The delivery line for liquid organic biological/waste materials from the truck in question has an impervious quick-action coupling that fits the closed storage site or an equivalent alternative. Drip-trays are also provided at the couplings that can catch the organic/biological waste materials. During unloading, the truck is located on a hard standing area that is sufficiently impervious so that the soil and groundwater and/or surface water cannot be polluted. All run-off from this hard surface is collected.

 

For establishments licensed before 1 July 2014, the requirements specified in paragraph 1 apply from 1 July 2017.


Subsection 5.2.2.4.
Establishments for the storage and treatment of specific non-dangerous solid waste materials


Waste materials acceptance.

Article 5.2.2.4.1. Translation not available

Operation.

Article 5.2.2.4.2. Translation not available

Article 5.2.2.4.3. The collected asbestos cement waste or other asbestos-containing waste in which asbestos in bonded form is present must be stored separately from the rest of the builders' and demolition waste. Other than sorting, no processing at all of the asbestos-containing waste may take place. All the necessary measures must be taken to prevent the dissipation of asbestos fibres.

Subsection 5.2.2.4bis.
Establishments for the storage and treatment of waste materials from one specific construction and demolition yard or roadworks, whereby after treatment at least 50% of the materials are usefully applied at the place of origin, whereby the establishment shall not have been operational for more than one year and whereby the establishment is situated not more than 1,000 m from the roadworks or in situ (on the plot itself or on an adjoining plot) of the construction and demolition yard


Article 5.2.2.4bis.1. This subsection applies to the establishments meant in section 2.2.2, h) of the classification list.

Article 5.2.2.4bis.2.

The establishment only accepts, stores and treats waste materials from the specific construction and demolition yard or specific roadworks that is/are explicitly specified and identified in the notification dossier. The stored quantity of waste materials and recycled aggregates is limited to the quantities specified in the notification dossier.

 

Only the following types of waste materials are stored and treated in the establishment:

inert waste materials consisting of the stony fraction of construction and demolition waste from the construction and demolition of buildings, engineering structures and constructions and from roadworks; 

non-tar-containing asphalt from the construction and demolition of buildings, engineering structures and constructions and from roadworks.

 

The following waste materials may not be processed in the establishment:

 

tar-containing asphalt;

builders' and demolition waste containing asbestos cement waste or other asbestos-containing building materials in which asbestos in bonded form is present;

building and demolition waste containing free asbestos fibres or asbestos dust;

other dangerous waste materials;

other non-dangerous waste materials not stated in subparagraph 2 of this Article. 

 


Article 5.2.2.4bis.3.

The operations authorised in the establishment are limited to:

 

storage;

sorting and preparatory mechanical treatment, such as crushing with a view to breaking up;

crushing; 

sieving. 


Article 5.2.2.4bis.4. The establishment is located not more than 1,000 m from the roadworks, measured from the boundaries of the plot or the demarcated site area of the roadworks, or in situ (on the plot itself or on an adjoining plot) of the construction and demolition yard.

Article 5.2.2.4bis.5.

The storage of rubble and recycled aggregates to be broken up is limited to a maximum of one year from the date of the notification.

 

The processing of the waste materials is limited to a maximum of sixty working days within the one-year period specified in paragraph 1.

 

The time limits specified in paragraphs 1 and 2 may not be extended.


Article 5.2.2.4bis.6. The delivery and processing of waste, as well as the removal of recycled aggregates and residual fractions, are prohibited on weekdays between 7 p.m. and 7 a.m., and on Saturdays, Sundays and public holidays.

Article 5.2.2.4bis.7. For the entire period of its operation, the establishment is provided with a permanent or temporary fence that makes access to mobile equipment impossible. The access road is also provided with an option to be closed off.

Article 5.2.2.4bis.8.

A sign is erected on the access road in a location clearly visible from the public highway that clearly states the following:

 

"toegang verboden voor onbevoegden" [no unauthorised access];

the establishment's nature

the name, address and telephone number of the operator;

the normal opening hours; 

the start and end dates of the activities;

the address and telephone number of the supervisory authority; 

in case of fire or other emergencies: telephone number of the fire brigade. 


Article 5.2.2.4bis.9. The provisions of section 4.5.5 apply to the establishments meant in this subsection. By way of derogation from this subsection, by day the specific noise in the open air from the establishment during mechanical treatment at the measuring points specified in Article 1, §3 and §4 of appendix 4.5.1 to this order is limited such that the background value in appendix 4.5.4 to this order, increased by 20 dB(A), is not exceeded. This provision does not apply in establishments that require silence, to which section 4.5.5 continues to apply.

Article 5.2.2.4bis.10.

§ 1.

Before mechanical treatment of the waste materials begins, the operator sends the following information to the authority to which the notification was submitted, and to the competent supervisory authority:

the start date and duration of the period during which waste materials will be mechanically treated;

the distance from the establishment to the specific construction and demolition yard or the specific roadworks;

the identification details of the rubble crusher, as established in the context of the Geographical Information System (GIS);

a copy of the certificate of the rubble crusher that will be used, issued by a recognised inspection body in the context of the VLAREA;

a description of the source strength (LW) of the rubble crusher in dB(A);

the distance from the rubble crusher to the nearest house and establishment requiring silence. 

 

§ 2.

The register that the operator maintains in application of waste regulations also contains the following information:

 

at all times: the estimated quantity and the nature of stored waste materials awaiting treatment; 

at all times: the estimated quantity and the nature of the stored recycled aggregates;

the times (days and times) at which waste materials are mechanically treated. 

 

§ 3.

Inert waste and non-tar-containing asphalt are stored and treated on a level hard surface, without the need to fit an impervious hard surface. The waste and recycled aggregates are stacked in a safe manner, with no risk to the environment.

 

§ 4.

The operator takes the necessary measures so that waste materials that cannot be usefully applied within the construction and demolition yard or the roadworks of which the establishment is part are removed regularly.

 

§ 5.

The establishment has a calibrated weighing installation with automatic registration.

 

§ 6.

During delivery and removal periods and during mechanical treatment, a responsible person with sufficient competence and knowledge of the conditions to be observed and the measures to be taken is present at all times. The operator informs the supervisory authority of the name of this person in writing.

 

§ 7.

The operator takes all necessary measures to prevent and limit dust nuisance.

 

If necessary, a sprinkler system or spray truck is used to keep the waste and recycled aggregates being stored ready for crushing, as well as the dust-sensitive areas of the site, damp, both during the storage phase and during crushing.

 

When transporting construction and demolition waste and waste from roadworks to the establishment and when removing recycled aggregates, the necessary precautions, such as covering or spraying, are taken to counter losses of load and the spreading of dust.

 

§ 8.

The machines are set up in such a way that vibrations are not emitted into the environment.

 

§ 9.

The rubble crusher is fitted with a web-based information system linked to a GPS system. The information system is operational whenever the rubble crusher is being used.

 

The web-based information system specified in subparagraph 1 enables the certification body and the supervisor to visualise the location of the production installation, monitor operations and review the production period. This information is recorded and listed in a central database available on-line for the certification body and the supervisor.

 

§ 10.

Within thirty days of the end of activities and within a period of one year's operation specified in Article 5.2.2.4bis.5, §1, the site is completely cleaned.


Subsection 5.2.2.5.
Establishments for the storage and treatment of dangerous waste materials and industrial waste materials not specified elsewhere


Waste materials acceptance.

Article 5.2.2.5.1. Translation not available

Operation.

Article 5.2.2.5.2. Translation not available

Article 5.2.2.5.3.

§ 1.

The operator or his/her authorised representative has a sufficient command of chemistry and has sufficient knowledge of the characteristics and dangers of the chemicals that may be accepted and of the relevant safety regulations. The operator has to inform the supervisor of his/her authorised representative's name in writing.

 

§ 2.

Upon delivery, the dangerous waste is stored and treated by the operator or his/her authorised representative in such a way that risks are avoided to the greatest possible extent.

 

§ 3.

The dangerous waste is subdivided and sorted according to its chemical composition, nature or characteristics.

 

§ 4.

The operator takes the measures necessary to prevent waste materials that may react with each other from causing uncontrolled reactions or from generating harmful or dangerous gases or vapours.

 

§ 5.

If it is found that a receptacle containing dangerous waste is leaking, the receptacle or its contents are transferred to another suitable receptacle immediately and any spilled liquid is cleared.

 

§ 6.

The sumps and the separate collection establishments of the compartmentalised storage are emptied regularly and at least after each incident. The waste material flow obtained is processed in an appropriate manner.

 

§ 7.

Empty polluted receptacles and polluted absorbing material are stored and treated according to the nature of the substances with which they have been polluted. Non-reusable receptacles are processed according to an adapted method.


Subsection 5.2.2.6.
Vehicle wreck storage and treatment establishments


Article 5.2.2.6.1. [...]

Waste materials acceptance.

Article 5.2.2.6.2. Translation not available

Operation.

Article 5.2.2.6.3. Translation not available

Article 5.2.2.6.4.

§ 1.

The following activities are clearly separated from each other in areas specially designed and intended for that purpose:

the collection of the vehicle wrecks;

the temporary storage of non-decontaminated vehicle wrecks;

the temporary storage of decontaminated vehicle wrecks;

the storage of liquids and other materials;

the storage of parts;

the storage of waste;

the processing.

 

By way of derogation from subparagraph 1, 2° and 3°, non-decontaminated and decontaminated vehicle wrecks may, however, be stored together if the following conditions are met:

the establishment does not have a shredder;

each decontaminated vehicle wreck is marked with a clearly identifiable label that is visible from ground level.

 

The processing is organised so that substances that are dangerous to the environment are processed as quickly as possible.

 

§ 2.

Dismantling, destruction including crushing and any other treatment of vehicle wrecks is always preceded by the decontamination of the wreck, with the exception of storage sites for a maximum of 5 vehicle wrecks at workplaces only for the inspection, repair and maintenance of motor vehicles (including bodywork activities), and provided that the dismantled parts are immediately used for the repairs.

 

Materials and parts of wrecks are processed in such a way that the shredder residues can be optimally recovered and by no means processed or disposed of as dangerous waste material.

 

The decontamination consists of the compulsory removal or separate collection of all liquids, unless they are required for the reuse of the parts in question, and of polluting or harmful components in the vehicle wreck as soon as it is delivered prior to any further treatment, more specifically:

drainage and individual storage of the liquids;

drainage of the refrigerants for air-conditioning with a contained system;

emptying of the brake fluid tank;

drainage of the engine oil, transmission oil and the driving gear oil;

dismantling of the engine oil filler;

emptying of the fuel tank by direct extraction in the tank or a splash-free drainage system;

drainage of the differential and the drive shafts as appropriate;

drainage of the oil of the steering gear or power-assisted steering;

drainage of hydraulic oils from wheel suspension systems;

10°

drainage of coolant;

11°

drainage of washer fluid;

12°

dismantling of any CNG tanks;

13°

dismantling of lead batteries;

14°

making safe of pyrotechnic parts of air bags/seat belts;

15°

dismantling of catalytic converters and other dangerous parts.

16°

dismantling or separate collection of the components and materials which must be marked or made identifiable in accordance with appendix I of the Royal Decree of 19 March 2004 regarding product standards for vehicles.

The drainage of the liquids is performed as thoroughly as possible. If parts contain significant amounts of liquid that might leak during disassembly and that would be difficult to draw off, to the greatest possible extent these parts should be removed from the wreck. After draining, the drain plugs are fitted again

 

§ 3.

Subject to the application of the provisions in § 2, liquids still present are immediately removed from leaking vehicle wrecks.

 

§ 4.

Dismantling or disassembly consists of the removal of the parts from the vehicle wreck that can be reused, including spare parts.

 

The following materials and parts are disassembled and separately collected in view of recycling:

 

catalytic converters;

metal parts containing copper, aluminium and magnesium, if after shredding these metals cannot be separated in such a way that they can be recovered as materials;

tyres and large synthetic parts such as bumpers, dashboards and liquid tanks if after shredding these materials cannot be separated to be recovered as materials;

glass, if after shredding, this glass is not separated in such a way that it can be reclaimed as a material.

 

Parts of discarded vehicles must be processed as follows:

 

reusable parts are reused, taking into account the requirements relating to safety; more specifically, any manufacturer's prohibition of the marketing of safety parts from discarded vehicle must be respected.

non-reusable parts are recovered as far as possible where preference is given to recycling to the extent that this entails no environmental dangers.

 

§ 5.

Large storage quantities and long storage periods are avoided. To this end, all stored materials are removed at regular intervals, with the exception of the parts disassembled for reuse as spares.

 

§ 6.

The storage operations are carried out in such a manner that damage is prevented to components containing liquids or to components for useful application and spare parts.


Article 5.2.2.6.5.

§ 1.

The liquids removed from the wrecks are stored in the designated closed drums or tanks in accordance with the approved work plan. Each drum or tank is labelled with a clearly readable specification of its contents and with the corresponding danger pictograms. Drums containing liquids are placed under cover on an impervious floor equipped with a collection system for leaked liquids. The different types of oils and liquids are kept separate and may in no case be mixed.

 

§ 2.

Batteries and storage batteries are stored in weatherproof covered and acid-resistant containers.

 

§ 3.

Absorbing material is available at the establishment in sufficient quantities. Polluted absorbing material is taken to an establishment appropriate for this material.


Subsection 5.2.2.7.
Scrap storage and processing establishments


Waste materials acceptance.

Article 5.2.2.7.1. Translation not available

Operation.

Article 5.2.2.7.2. Translation not available

Subsection 5.2.2.8.
Used oil storage and treatment establishments


Waste materials acceptance.

Article 5.2.2.8.1. Translation not available

Operation.

Article 5.2.2.8.2.

§ 1.

The storage of used oil must meet the conditions for the storage of flammable liquids included in section 5.6.2.

 

§ 2.

The operator of an establishment for the storage or treatment of used oil must have sufficient quantities of technical means to store or treat used oil without causing environmental pollution. The operator of an establishment for the treatment of used oil must have a sufficiently developed water treatment installation to purify the waste water generated by the treatment in order to be able to meet the effluent limits for discharges to surface water in all conditions. Waste water that cannot be treated in the waste water treatment establishment is taken to a suitable treatment establishment.

 

§ 3.

The storage tanks and containers for used oil are constructed and installed in such a way that easy and representative sampling of the contents is possible.

 

§ 4.

It is prohibited to store other substances in the storage tanks or containers licensed for the storage of used oil.

 

§ 5.

The addition of water, solvents or any other substance to the used oil is prohibited.

 

§ 6.

Any residues formed during the storage of used oil are delivered to a suitable processing installation.


Article 5.2.2.8.3. [...]

Article 5.2.2.8.4. [...]

Article 5.2.2.8.5. [...]

Article 5.2.2.8.6. Translation not available

Subsection 5.2.2.9.
Establishments for the cleaning of receptacles used for the storage or transport of substances


Article 5.2.2.9.1. The following conditions apply to the cleaning activity, without prejudice to the conditions that apply to other activities such as the denting out, sand-blasting and painting of metals or other materials.

Waste materials acceptance.

Article 5.2.2.9.2. Translation not available

Operation.

Article 5.2.2.9.3.

§ 1.

The establishment is constructed in such a way that waste materials can in no way be discharged into the environment. The floors of the cleaning establishment, the cleaning lines, the receiving drains and the drainage channels are impervious and chemically inert regarding the waste materials they may come into contact with. No connection may exist between the cleaning establishment proper and a groundwater layer, public sewers, surface water or a reservoir for surface waters.

 

§ 2.

The operator of an establishment for the cleaning of receptacles must have a sufficiently developed water treatment installation to purify the waste water generated by the cleaning in order to be able to meet the effluent standards for discharges to surface water under all conditions. Waste water that cannot be treated in the waste water treatment installation must be taken to a suitable treatment installation. The cleaning establishment as a whole is impervious and chemically inert regarding the waste material flows processed at the establishment. With the exception of the discharge point for the effluent, no connection at all may exist between the waste water treatment installation and a groundwater layer, public sewers, a surface water or a reservoir for surface waters.

 

§ 3.

The residual contents and the flush water that cannot be processed in the waste water treatment installation, as well as the waste materials generated after the treatment, are removed to a suitable processing establishment.

 

§ 4.

The storage areas for liquid waste and the cleaning rooms themselves are constructed in such a way that liquids flowing away and spilled liquids are collected. The floors, receiving drains and sumps are impervious and chemically inert regarding the liquids they may come into contact with.

 

§ 5.

The operator takes the measures necessary to prevent waste materials that may react with each other from causing uncontrolled reactions or from generating harmful or dangerous gases or vapours.

 

§ 6.

The containers or drums in which the waste materials generated by the cleaning activities are stored:

  1. may only be stored in storage areas intended for this purpose, on a surface that is both impervious and chemically inert regarding the waste materials stored in these containers or drums;
  2. are placed in a bund that is impervious and chemically inert regarding the waste materials stored in these containers or drums; the capacity of this bund is sufficiently large to hold all of the liquids stored in it.
  3. are clearly labelled with the nature of the waste material and the relevant danger pictograms.

 

§ 7.

When cleaning receptacles which have contained volatile organic products with a vapour pressure in excess of 13.3 kPa at a temperature of 35°C, with the exception of drums:

 

the receptacles are given a cold pre-rinse;

the rinse water is drained off in a sealed conduit to the gutter, for example by connecting a hose to the tank outlet which discharges below the gutter water level;

the treatment sludge is stored under cover.

 

§ 8.

When cleaning drums, both when rinsing drums using an organic solvent or an acid and when rinsing drums that have held volatile organic products with a vapour pressure of more than 13.3 kPa at a temperature of 35°C, using warm or hot water or lye:

 

the air is extracted and treated with a gas washer, an activated carbon filter, a post-combustion incinerator, a biofilter or some other equivalent treatment system;

the treatment sludge is stored under cover. 

 

§ 9.

For establishments licensed before 1 January 2012, the requirements specified in paragraph 8 apply from 1 January 2015.


Subsection 5.2.2.9bis.
Establishments for processing industrial waste water and liquid or silty industrial waste flows from external sources


Article 5.2.2.9bis.1.

This subsection applies to the following activities:

the pre-treatment of liquid or silty industrial waste flows from external sources that produces waste water, and the treatment of that waste water;

the treatment of industrial waste water from external sources.


Article 5.2.2.9bis.2. With regard to channelled emission points of process components and operations that are covered and extracted, an emission limit value for the sum of organic substances of 20 mg/Nm³ in the discharged waste gas applies for volatile organic compounds with a vapour pressure of more than 13.3 kPa at a temperature of 35°C.

Subsection 5.2.2.10.
Establishments for the storage and processing of animal by-products that are considered waste materials


Article 5.2.2.10.1.

§ 1.

The establishment consists of a clean section and an unclean section, which are kept separate to prevent pollution or repollution of the finished products.

 

§ 2.

The unclean section of the company contains the areas in which the animal by-products are received, all production process treatment areas and the waste gas and waste water treatment installations.

 

§ 3.

The clean section of the company contains the storage and treatment areas for materials that have undergone a treatment in accordance with appendix IV of Regulation (EU) No 142/2011

 

§ 4.

The waste materials are processed in a sealed processing installation.


Waste materials acceptance.

Article 5.2.2.10.2. Translation not available

Layout and infrastructure.

Article 5.2.2.10.3.

§ 1.

Odour-laden waste gases are extracted at all points where they arise in the establishment and led off to an appropriate waste gas treatment installation. Waste gases are in any case extracted from the receiving area, the storage area and above the crushing or grinding installation.

 

§ 2.

[...]

 

§ 3.

The waste water must flow easily from the establishment to suitable collection pits.

 

§ 4.

The waste water is treated in an appropriate waste water treatment installation until compliant with the discharge standards and without causing odour nuisance.

 

§ 5.

Waste water originating from the unclean zone must - wherever practically possible - be treated to remove all pathogens.


Article 5.2.2.10.4. The procedures, methods and equipment used to sample the processed products are approved by the supervisory authority. The practical implementation of the sampling is approved in advance by a duly recognised laboratory as specified in Article 6, 5°, e) of VLAREL, unless the sampling is carried out by a duly recognised [...] laboratory itself.

Article 5.2.2.10.5. [...]

Article 5.2.2.10.6. [...]

The processing.

Article 5.2.2.10.7. [...]

Article 5.2.2.10.8. [...]

Article 5.2.2.10.9. [...]

Article 5.2.2.10.10. [...]

Requirements regarding hygiene for the final products.

Article 5.2.2.10.11. [...]

Monitoring.

Article 5.2.2.10.12. [...]

Article 5.2.2.10.13. [...]

Obligations of the authorities.

Article 5.2.2.10.14. [...]

Subsection 5.2.2.11.
Establishments for the treatment of waste materials within, or forming part of, a sewage treatment installation


Article 5.2.2.11.1. This subsection applies to establishments for the treatment of waste materials within, or forming part of, sewage treatment installations.

Article 5.2.2.11.2.

§ 1.

By way of derogation from Article 5.2.1.2, no weighbridge is required.

 

§ 2.

By way of derogation from Article 5.2.1.3., the work plan must only comprise:

 

the organisation of waste materials delivery;

the organisation of the processing of the delivered waste materials;

the organisation of the removal of waste materials;

the processing method for the delivered waste materials if the establishment is out of service (temporarily);

measures to be taken in the event of undesired side-effects and to prevent nuisance.

 

§ 3.

By way of derogation from Article 5.2.1.5., § 1, no signboard is required.


Subsection 5.2.2.12.
Thermal soil decontamination installations


Article 5.2.2.12.1.

This subsection applies to those installations specified in section 2.2.5 of the classification list that are designed to decontaminate excavated soil using heating processes.

 

For establishments licensed before 1 January 2012, the requirements specified in this subsection apply from 1 January 2015.


Article 5.2.2.12.2.

The following emission limit values apply to the discharged waste gases:

 

parameters

emission limit values for an oxygen level of 11%

 

daily average
in mg/Nm3

half-hour value
in mg/Nm3

CO

50

100

total dust particles

10

30

gaseous and volatile organic compounds, expressed in total organic carbon

10

20

gaseous inorganic chlorides, expressed in HCl

10

60

gaseous inorganic fluorides, expressed in HF

1

4

sulphur dioxide (SO2)

50

200

nitrogen oxides, expressed in NO2

200

400

mercury and mercury compounds, expressed as Hg

0.03

0.05

 

average over at least six hours and at most eight hours in ng TEQ/Nm³

dioxins and furans

0.1

 

Without prejudice to the other provisions of chapter 4.4, the concentration of the parameters specified in paragraph 1 are measured at least at the frequency specified below:

 

 

measurement frequency

CO, sulphur dioxides, nitrogen oxides

continuously

dioxins and furans

twice a year

the other parameters

every three months

 

[...]


Subsection 5.2.2.13.
Establishments for the storage and moist-heat treatment of infectious waste materials

Translation not available

Article 5.2.2.13.1. Translation not available

Article 5.2.2.13.2.

The decontamination installation is built, equipped and operated such that the waste materials are decontaminated as uniformly and completely as possible using moist heat. Techniques that work with dry heat are not permitted.


The conditions for temperature and pressure are described in appendix 5.2.2.13.A and 5.2.2.13.B.

 

The operating pressure of the equipment is adapted to the operating temperature, thereby ensuring at all times that the generated steam is saturated. The decontamination phase starts when the specified temperature and pressure are reached.


Only if all the provisions of the code of good practice specified in appendix 5.2.2.13.C are complied with can the decontamination be considered adequate.


Article 5.2.2.13.3.

The establishment consists of a clean section and an unclean section, which are kept separate in a suitable manner to prevent pollution or repollution of the finished products. The unclean section consists of the area for storing the untreated waste materials and the decontamination equipment. The clean section contains the storage of substances that have passed through the decontamination phase.


Infectious waste materials are processed as quickly as possible, and at least weekly. The processing frequency is matched to the storage capacity of the area where the waste is stored while awaiting decontamination.


Gases and vapours are passed through a HEPA filter before being emitted by the installation.


The decontamination installation meets the provisions of appendix 5.2.2.13.C.


The monitoring of the decontamination installation meets the provisions of appendix 5.2.2.13.C.


The recorded data are classified and kept available for perusal by the supervisor for two years.


The measuring equipment is regularly calibrated by the body or person responsible for maintenance. In case of abnormal operating conditions, precautions are taken in accordance with appendix 5.2.2.13.C.


Article 5.2.2.13.4.

The decontamination installation includes a maintenance programme and a maintenance protocol that at least contain the maintenance operations of appendix 5.2.2.13.C.


The decontamination installation is documented in a logbook that at least contains the information specified in appendix 5.2.2.13.C.


The process parameters that are recorded for each decontamination cycle and the results of the maintenance programme are kept available for perusal by the supervisor for at least two years.


Article 5.2.2.13.5.

§ 1.

The installation must pass the following inspections:

 

through an inspection at the time of commissioning, the operator shows that the installation operates according to the predetermined process parameters, the recording equipment has been correctly calibrated and there is adequate killing of pathogenic and/or genetically modified micro-organisms;

via a periodic inspection, the operator shows that the installation is still able to guarantee adequate killing of pathogenic and/or genetically modified micro-organisms. This inspection is initially carried out monthly. After a period of twelve months in which all monthly inspections deliver a favourable result, the inspection is carried out every three months;

following events that could affect the proper functioning of the installation, it is demonstrated by means of an exceptional inspection that this proper functioning remains guaranteed. This is done in any case after a repair, a malfunction and upon any significant change in the waste to be processed.


For the test-organism of biological indicators, traces are used of Bacillus subtilis, Geobacillus stearothermophilus or another organism that can be shown to have at least an equivalent resistance to decontamination with moist steam.

 

§ 2.

The reports of the prototype inspection, the inspection on commissioning and the protocols for periodic and exceptional inspections are validated by the technical expert. The validations are requested by the operator of the installation and are carried out at his/her expense.


These documents and the validation document are kept available for perusal by the supervisor.

 

The reports of the periodic and exceptional inspections, together with the logbook of maintenance, repairs and loading, are kept available in the installation for perusal by the supervisor for two years.


Article 5.2.2.13.6. Dangerous medical waste that has passed through a decontamination cycle is only released as solid non-dangerous medical waste materials if the recorded process parameters have been checked by the person responsible for the decontamination. For this he/she signs a release form that can be produced at the request of the registered collector. If the process parameters or the results of the biological inspection after the process differ from the regulations, the waste materials are treated as dangerous medical waste materials.

Article 5.2.2.13.7. Preventive measures for employees are taken in accordance with appendix 5.2.2.13.C.

Section 5.2.3.
Waste incineration establishments


Subsection 5.2.3.1.
General conditions for incineration establishments


Article 5.2.3.1.1. [...]

Wood-burning stoves derogation.

Article 5.2.3.1.2. [...]

Operation.

Article 5.2.3.1.3. [...]

Flue gas emissions and stack height.

Article 5.2.3.1.4. [...]

Article 5.2.3.1.5. [...]

Waste water.

Article 5.2.3.1.6. [...]

Processing of combustion residue.

Article 5.2.3.1.7. [...]

Measurements.

Article 5.2.3.1.8. [...]

Exceeding of standards and malfunctions.

Article 5.2.3.1.9. [...]

Subsection 5.2.3.2.
Dangerous waste incineration establishments


Waste materials acceptance.

Article 5.2.3.2.1. [...]

Article 5.2.3.2.2. [...]

Operation.

Article 5.2.3.2.3. [...]

Article 5.2.3.2.4. [...]

Article 5.2.3.2.5. [...]

Article 5.2.3.2.6. [...]

Subsection 5.2.3.3.
Household waste incineration establishments


Waste materials acceptance.

Article 5.2.3.3.1.

[...]


Article 5.2.3.3.1bis. [...]

Operation.

Article 5.2.3.3.2. [...]

Article 5.2.3.3.3. [...]

Article 5.2.3.3.4. [...]

Article 5.2.3.3.5. [...]

Article 5.2.3.3.6. [...]

Article 5.2.3.3.7. [...]

Subsection 5.2.3.4.
Wood waste incineration establishments


Waste materials acceptance.

Article 5.2.3.4.1. [...]

Article 5.2.3.4.2. [...]

Operation.

Article 5.2.3.4.3. [...]

Article 5.2.3.4.4. [...]

Article 5.2.3.4.5. [...]

Subsection 5.2.3.5.
Incineration establishments for used oil to be used as fuel


Article 5.2.3.5.1. [...]

Waste materials acceptance.

Article 5.2.3.5.2.

Operation.

Article 5.2.3.5.3.

Article 5.2.3.5.4.

Article 5.2.3.5.5.

Article 5.2.3.5.6.

Article 5.2.3.5.7.

Subsection 5.2.3.6.
Incineration establishments for dangerous medical waste and for liquid and paste-like non-dangerous medical waste


Article 5.2.3.6.1. [...]

Article 5.2.3.6.2. [...]

Section 5.2.3bis.
Incineration and co-incineration installations for waste materials


Subsection 5.2.3bis.1.
General conditions for incineration and co-incineration installations


Article 5.2.3bis.1.1.

 This subsection applies to establishments classified according to the following sections:

2.3.4.1.b,c,e,f,g,h,j,k,l,m;

2.3.4.2.b,c,d,e,f,g;

2.3.5.


Article 5.2.3bis.1.1bis.

§ 1.

For the purposes of this subsection, waste incineration installations and waste co-incineration installations also include all incineration lines or co-incineration lines and the provisions for receipt, storage and pre-treatment on-site of the waste, the systems for the supply of waste, fuel and air, steam boilers, the arrangements for the treatment of waste gases, the arrangements for the processing or storage on-site of residues and waste water, the stacks, as well as the equipment and systems for the regulation of the incineration or co-incineration process and the recording and monitoring of the incineration or co-incineration conditions.

 

If, for the thermal treatment of waste, use is made of processes other than oxidation, such as pyrolysis, gasification and the plasma process, the waste incineration or co-incineration installation includes both the thermal treatment process and the subsequent incineration process.

 

§ 2.

This subsection does not apply to gasification and pyrolysis installations, if the gases that are the result of the thermal treatment of waste are cleaned such that they are always comparable with natural gas in terms of nature and composition prior to their incineration.

 

§ 3.

If co-incineration of waste takes place in such a way that the installation is not principally intended for the generation of energy or the manufacture of material products, but for the heat treatment of waste, the installation is regarded as a waste incineration installation.


[...].

Article 5.2.3bis.1.2. Upon the delivery and receipt of waste materials, the operator of the incineration or co-incineration installation takes all necessary precautionary measures to prevent or limit to the greatest possible extent all harmful consequences for the environment, in particular the pollution of air, soil, surface water and groundwater as well as other negative environmental effects, odour nuisance and noise nuisance, and direct risks to public health.

Article 5.2.3bis.1.3. Translation not available

Article 5.2.3bis.1.4.

§ 1.

Before waste materials are received at the incineration or co-incineration installation, the operator of the installation at least follows the following reception procedures:

 

check of the required documents;

check of conformity of the delivered waste materials with the written information. If relevant to this end, the waste materials are sampled and analysed in a representative way, where the parameters to be analysed are determined in such a way that conclusive verification of conformity is ensured. The samples taken are then kept for at least one month after incineration.

 

§ 2.

Before dangerous waste materials can be accepted at the incineration or co-incineration installation, the operator must also have a description of the waste materials in which the following information is specified:

the source and the origin of the waste material;

the physical and chemical composition of the waste materials, as well as all information needed to evaluate the suitability of the materials for the intended incineration process based on aspects including the analysis of the waste materials;

the dangerous properties of the waste materials, the materials with which they may not be mixed and the precautionary measures to be taken when treating the waste material;

Acceptance takes place on the basis of documents that contain the above-mentioned information.    

 


Article 5.2.3bis.1.5. The operator establishes the mass of each waste category per load, and if possible the category in accordance with the waste materials list specified in appendix 2.1 of the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials before the waste is received by the incineration or co-incineration installation.

Article 5.2.3bis.1.6. Translation not available

[...].

Article 5.2.3bis.1.7.

The sites of incineration and co-incineration installations, with the associated sites for the storage of waste, are designed and operated in such a way that the unlawful or accidental release of pollutants into the soil, surface water and groundwater is prevented.

 

Reception capacity is provided for the polluted rainwater draining off the site of the waste incineration or co-incineration plant and for the polluted water that comes from overflows or fire-fighting. The reception capacity is such that this water can if necessary be examined and treated before being discharged.


Article 5.2.3bis.1.8. Translation not available

Article 5.2.3bis.1.9. Translation not available

Article 5.2.3bis.1.10. Dangerous medical waste is directly introduced into the furnace in the specified receptacles, meaning without them first being mixed with waste materials of other categories.

Article 5.2.3bis.1.11. Translation not available

Article 5.2.3bis.1.12. Translation not available

[...].

Article 5.2.3bis.1.13. Translation not available

[...].

Article 5.2.3bis.1.14. Translation not available

Article 5.2.3bis.1.15. Translation not available

[...].

Article 5.2.3bis.1.16. Translation not available

Article 5.2.3bis.1.17.

§ 1.

If untreated mixed urban waste or comparable industrial waste is incinerated in a co-installation installation, the emission limit values for incineration installations apply.

 

§ 2.

If, at a co-incineration installation, more than 40% of the heat released originates from dangerous waste materials, the emission limit values for incineration installations apply.


Article 5.2.3bis.1.18.

§ 1.

If Article 5.2.3bis.1.17 is not applicable, each co-incineration installation that is operating must comply with the emission limit values [...] as described in Article 5.2.3bis.1.19 up to and including 5.2.3bis.1.22.

 

§ 2.

The calculated emission limit values apply from the first time of co-incineration, and then remain applicable even if no waste materials are co-incinerated.


Article 5.2.3bis.1.19. Translation not available

Article 5.2.3bis.1.20. Translation not available

Article 5.2.3bis.1.21.

The following special conditions apply to combustion plants in which waste materials are co-incinerated:

 

1° for combustion plants in which waste materials are co-incinerated, with the exception of gas turbines and stationary motors, the following process emission limit values (Cprocess) apply as daily averages, whereby the total nominal thermal input power of a combustion plant is determined using the aggregation rules defined in Articles 5.43.2.1 and 5.43.3.1 and half-hourly averages are only required to calculate the daily averages:

 

a) installations for which the first licence to operate was issued before 7 January 2013 or for which the first licence to operate was applied for before 7 January 2013, provided it was commissioned at the latest on 7 January 2014:

 

1) up to and including 31 December 2015:

 

1.1) Cprocess for solid fossil fuels, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 6%):

 

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 300

300

200

 200

NOx, expressed as NO

 400

 400

 200

 200

dust 

 50

 30

 30

 30

HCl

 30

 30

 30

 30

 

1.2) Cprocess for solid biomass, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 6%):

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 450

75

75

75

NOx, expressed as NO

600/300*

300

300

200

dust 

 50

15

15

15

HCl

 50

15

15

15

 

(*) For installations with a total nominal thermal input power up to and including 30 MW, an emission limit value of 600 mg/Nm3 applies to nitrogen oxides (NOx) expressed as NO2. For installations with a total nominal thermal input power greater than 30 MW, an emission limit value of 300 mg/Nm3 applies.

 

1.3) Cprocess for liquid fuels, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 3%):

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 150

150

150

150

NOx, expressed as NO

300

300

200

200

dust 

 50

30

30

30

HCl

 30

30

30

30

 

2) from 1 January 2016:

2.1) Cprocess for solid fossil fuels, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 6%): 

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 300

300

200

100

NOx, expressed as NO

400

300

200

150

dust 

 50

30

20

10

HCl

 30

30

30

30

 

2.2) Cprocess for solid biomass, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 6%): 

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 450

75

75

75

NOx, expressed as NO

600/300*

300

250

150

dust 

 50

15

15

10

HCl

 50

15

15

15

 

(*) For installations with a total nominal thermal input power up to and including 30 MW, an emission limit value of 600 mg/Nm3 applies to nitrogen oxides (NOx) expressed as NO2. For installations with a total nominal thermal input power greater than 30 MW, an emission limit value of 300 mg/Nm3 applies.

 

2.3) Cprocess for liquid fuels, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 3%): 

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 150

150

150

100

NOx, expressed as NO

300

300

200

150

dust 

 50

30

20

10

HCl

 30

30

30

30

 

b) installations for which the first licence to operate was applied for on or after 7 January 2013 or which was commissioned after 7 January 2014:

 

1) Cprocess for solid fossil fuels, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 6%):

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 300

200

100

60

NOx, expressed as NO

300

150

100

60

dust 

 50

10

10

6

HCl

 30

30

30

30

 

2) Cprocess for solid biomass, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 6%):

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 450

75

75

60

NOx, expressed as NO

450/300*

150

150

60

dust 

 50

10

10

6

HCl

 50

15

15

15

 

(*) For installations with a total nominal thermal input power up to and including 30 MW, an emission limit value of 450 mg/Nm3 applies to nitrogen oxides (NOx) expressed as NO2. For installations with a total nominal thermal input power greater than 30 MW, an emission limit value of 300 mg/Nm3 applies.

 

3) Cprocess for liquid fuels, expressed as mg/Nm3 (for a reference oxygen level in the waste gases of 3%): 

 

Pollutant
(mg/Nm3)    

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

 150

150

100

60

NOx, expressed as NO

300

150

100

60

dust 

 50

10

10

6

HCl

 30

30

30

30

 

i. 2° For combustion plants, with the exception of gas turbines and stationary motors, in which waste materials are co-incinerated, the following total emission limit values (Ctotal) Ctotal apply to heavy metals (mg/Nm3), expressed as averages that are calculated over a sampling period of at least 30 minutes and at most eight hours for a reference oxygen level in the waste gases of 6% for solid fuels and 3% for liquid fuels: 

 

Pollutant

Ctotal (mg/Nm3)

Cd + Tl

0.05

Hg

0.05

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V + Sn

0.5

 

ii. Ctotal for dioxins and furans (ng TEQ/Nm3), expressed as averages that are calculated over a sampling period of at least six hours and at most eight hours for a reference oxygen level in the waste gases of 6% for solid fuels and 3% for liquid fuels:

 

Pollutant   

Ctotal (ng TEQ/Nm3)

Dioxins and furans

0.1

 

For the continuous sampling of dioxins and furans a threshold value of 0.1 ng TEQ/Nm³ applies. 

 


Article 5.2.3bis.1.22.

Special conditions apply for industrial sectors co-incinerating waste materials that do not fall under Article 5.2.3bis.1.20 or 1.21.

 

The following total emission limit values apply:

 

Ctotal: expressed in mg/Nm3. All average values are calculated over a sampling period of at least 30 minutes and at most eight hours:

 

Pollutant

Ctotal (mg/Nm3)

Cd + Tl

0.05

Hg

0.05

 

Ctotal expressed in ng TEQ/Nm3. All average values are calculated over a sampling period of at least six hours and at most eight hours:

 

Pollutant

Ctotal (ng TEQ/Nm3)

Dioxins and furans

0.1

 

For the continuous sampling of dioxins and furans a threshold value of 0.1 ng TEQ/Nm³ applies.

 

Emissions: water


[...].

Article 5.2.3bis.1.23. Translation not available

[...].

Article 5.2.3bis.1.24.

§ 1.

Measuring equipment is installed and techniques are used for the monitoring of the parameters, the conditions and the mass concentrations relevant to the process of incineration or co-incineration.

 

§ 2.

All measurement and analysis results are kept available for perusal by the supervisory authority. Each month the operator sends an overview of the results to the supervisory authority. The results of the discontinuous measurements of dioxins and furans are submitted as soon as possible and preferably within a month of performing the measurements. All results are registered, processed and presented in an appropriate manner so that the supervisory authority can ascertain whether the set conditions and emission limit values are being complied with.

 

§ 3.

The quality assurance of the automated measuring systems is performed according to CEN standards. The code of good practice is also applied in addition to the CEN standards. The automated measuring systems are checked at least once a year using parallel measurements with the reference measurement methods and are calibrated at least once every three years by a recognised laboratory in the discipline of air as specified in Article 6, 5°, b) of VLAREL.

 

[...]

 

The equipment for continuous dioxin sampling is inspected at least every three years according to a code of good practice.

 

The operator informs the division responsible for enforcing environmental regulations of the results of the inspection of the automated measuring systems.


Article 5.2.3bis.1.25.

§ 1.

Measurements to determine the concentration of substances discharged in the air must be representative.

 

§ 2.

The sampling and analysis of the pollutants in question, including dioxins and furans, as well as the reference measurement methods for calibrating the automated measuring systems, are carried out according to the measurement methods specified in appendix 4.4.2. or, if no measuring methods are specified there, in accordance with CEN standards.

 

If no CEN standards exist, ISO standards, national or other international standards are applied that guarantee that information of an equivalent scientific quality is provided.

 

§ 3.

The value of the 95% reliability interval determined for the daily average emission limit values may not exceed the following percentages of the emission limit values:

 

CO

10%

total dust

30%

total organic carbon

30%

HCl

40%

HF

40%

SO2

20%

NOx

20%


Article 5.2.3bis.1.26. Translation not available

Article 5.2.3bis.1.27.

§ 1.

The half-hourly averages and ten-minute averages are determined during the time the installation is operational (the times necessary for starting up and shutting down are not included to the extent that during those times no waste materials are incinerated) on the basis of the measured values from which the value of the reliability interval of Article 5.2.3bis.1.25, §3 is deducted. The daily averages are determined on the basis of those validated average values.

 

A daily average is only valid if for the day in question no more than five half-hourly averages are omitted as a result of faults or as a result of the maintenance of the system for continuous measurements. Each year no more than ten daily averages may be omitted as a result of faults or maintenance of the system for continuous measurements.

 

§ 2.

The emission limit values for the continuous measurements are considered to have been complied with if, of the validated measuring results:

 

1° for dust, TOC, HCl, HF, SO2, NOx:

 

a) none of the daily averages is higher than the emission limit values set in Article 5.2.3bis.1.15, 2° (incineration installations) or in Article 5.2.3bis.1.19, Article 5.2.3bis.1.20, 1°, and Article 5.2.3bis.1.21, 1° (co-incineration installations);

 

b) or none of the half-hourly averages is higher than the emission limit values set for incineration installations in column A of Article 5.2.3bis.1.15, 2°, or, where appropriate, 97% of the half-hourly averages over the year are not higher than the emission limit values established for the same parameters in column B of Article 5.2.3bis.1.15, 2°;

 

2° for CO in incineration installations:

 

a) 97% of the daily averages over the year are not higher than the emission limit value in Article 5.2.3bis.1.15, 1°;

 

b) or at least 95% of all determinations of 10-minute averages, or all determinations of half-hourly averages during a random period of 24 hours, meet the respective emission limit values determined in Article 5.2.3bis.1.15, 1°, b);

 

3° for CO in co-incineration installations, none of the half-hourly averages is higher than the emission limit values derived according to Article 5.2.3bis.1.19 or set in accordance with Article 5.2.3bis.1.20, 2°.

 

§ 3.

For discontinuous measurements of the concentrations of pollutants in waste gases, the emission limit values are considered to be complied with if, of the measurement results (allowance made for a measurement accuracy of 30%):

 

the average over the sampling period for HCl, HF, SO2 is not higher than the emission limit values in column A of Article 5.2.3bis.1.15, 2° for incineration installations or the emission limit values for co-incineration installations derived according to Article 5.2.3bis.1.19;

[...]

none of the average values over the sampling period set for heavy metals and dioxins and furans is higher than the emission limit values determined in Article 5.2.3bis.1.15, 3° and 4° for incineration installations, or the emission limit values determined in Article 5.2.3bis.1.20, 1°, Article 5.2.3bis.1.21, 2°, and Article 5.2.3bis.1.22 for co-incineration installations;

[...]


[...].

Article 5.2.3bis.1.28.

§ 1.

Measuring equipment is installed and techniques are used for the monitoring of the parameters, the conditions and the mass concentrations relevant to the process of incineration or co-incineration.

 

§ 2.

The practical implementation of the sampling and measurements is approved in advance by a recognised laboratory in the discipline of water, specified in Article 6, 5°, a) of VLAREL, unless the sampling and measurements are carried out by a recognised laboratory in the discipline of water, specified in Article 6, 5°, a) of VLAREL itself.

 

 

The same applies for the location of the sampling or the measurement point.

 

 

§ 3.

A recognised laboratory in the discipline of water, sub-area waste water, specified in Article 6, 5°, a) of VLAREL, checks that the automatic equipment for the monitoring of emissions into water is correctly installed and in working order.

 

A verification test is provided each year.

 

This is checked at least every three years by means of parallel measurements in accordance with the reference methods.

 

The operator submits a copy of the inspection reports to the supervisor each year.

 

§ 4.

All results are recorded, processed and presented in an appropriate manner so that the supervisor can ascertain whether the conditions and emission limit values are being complied with.


Article 5.2.3bis.1.29.

§ 1.

Measurements to determine the concentration of water-polluting substances must be representative.

 

§ 2.

The sampling and analysis of all pollutants in water, including dioxins and furans, the quality assurance of automated measuring systems, as well as the reference measurements for the calibration of automatic measuring systems, must be carried out according to the measuring methods included in appendix 4.2.5.2 of this order. If no standards are included, CEN standards must be used. If no CEN standards exist, ISO standards, national standards or international standards must be used that guarantee that information of an equivalent scientific quality is provided.

 

§ 3.

The check of measurement results is performed by the supervisory authority according to Article 4.2.6.1 of this Order.


Article 5.2.3bis.1.30.

§ 1.

On the initiative and at the expense of the operator, at least the following measurements must be performed on purified waste water originating from waste gas cleaning:

 

continuous measurement of the operational control parameters pH, temperature and flow rate;

daily measurement of the total quantity of suspended solids by means of a dip sample or a twenty-four hour pooled sample proportionate to the flow rate;

at least monthly measurements of substances 2 up to and including 10 specified in Article 5.2.3bis.1.23, § 2, by means of a twenty-four hour pooled sample proportionate to the flow rate;

measurements of dioxins and furans by means of a dip sample at least every six months. This measurement must take place at the same time as the measurement of dioxins and furans in the waste gases. During the first operating period of twelve months the measurements must, however, take place at least every three months.

 

§ 2.

If waste water generated by the cleaning of waste gases is purified on-site along with waste water from other sources at the installation, the operator performs the measurements described in § 1 to arrive at a mass balance calculation in the following places:

 

in the waste water flow from the flue gas cleaning processes before mixing with other waste waters;

in the other waste water flow or flows;

at the point where the waste water is ultimately discharged by the incineration or co-incineration installation.


Article 5.2.3bis.1.31.

Without prejudice to the provisions included in section 4.2.6 of this order, the emission limit values for waste water originating from waste gas cleaning are considered to have been complied with if:

 

during measurements of the total quantity of suspended solids, 95% and 100% of the measured values do not exceed the respective emission limit values;

during measurements of heavy metals, the emission limit values are exceeded no more than once a year;

during measurements of dioxins and furans, the emission limit value is not exceeded.


[...].

Article 5.2.3bis.1.32.

§ 1.

The generation of residues during the operation of the incineration or co-incineration installation and their harmfulness are restricted to a minimum.

 

§ 2.

Before the processing method for residues from incineration and co-incineration installations is set, appropriate tests and analyses are performed to ascertain the physical and chemical properties and polluting capacity of the different incineration residues. The analyses at least cover the total soluble fraction and the soluble fraction of heavy metals.

 

Where applicable the residues are recycled, in the installation itself or outside it.

 

§ 3.

The ash, fly ash and other residues from incineration are kept separate to enable the most suitable form of processing.

 

§ 4.

Dry residues in the form of dust, for example boiler ash and dry residues from waste gas treatment, are transported and temporarily stored in the installation or on the site in such a way that dispersal into the environment is avoided, for example in closed containers or in a closed storage area intended for this purpose.

 

§ 5.

Ash, fly ash and other residues must be removed in a dust-proof way. The temperature of the ash, fly ash and other residues may not be higher than 60°C on leaving the installation.


[...].

Article 5.2.3bis.1.33.

§ 1.

Should measurements performed show that the emission limit values for discharging in the air have been exceeded, the operator immediately reports this to the supervisory authority. The operator of an incineration installation does not keep the installation operational if the emission limit values cannot be complied with, and immediately takes the necessary measures to modify the installation so that all emission limit values are complied with, or puts the installation out of operation. The operator of a co-incineration installation does not continue co-incinerating if the emission limit values cannot be complied with, and immediately takes the necessary measures to modify the installation so that all emission limit values are complied with, or puts the installation out of operation.

 

§ 2.

If the measurement result of the continuous sampling of dioxins and furans [...] exceeds the threshold value of 0.1 ng TEQ/Nm³:

 

the operator informs the supervisory authority of this immediately

the operator immediately takes the necessary measures to reduce the dioxin emissions;

the operator has a measurement performed over a sampling period of at least six hours and at most eight hours according to standard NBN EN 1948 as soon as possible.

The supervisory authority is informed of the measures taken as soon as possible by means of a report, and can impose supplementary point measurements as appropriate.

 

§ 3.

Without prejudice to the provisions of §4, and by way of derogation from the provisions of §1, the operator stops any exceeding of the emission limit value for dioxins and furans with the incineration of waste materials, and this at the latest 48 hours after becoming aware of the measurement results.

 

The restarting of the incineration of waste materials is only possible with the permission of the supervisory authority. Within ten days of restarting operations, over three consecutive days the operator has measurements performed of dioxins and furans in the waste gases over a sampling period of at least six hours and at most eight hours according to standard NBN EN 1948, and provides the results of this to the supervisory authority within fourteen calendar days.

 

§ 4.

At the operator's request, the supervisory authority can grant permission to derogate from the provisions of § 3. This permission may only be granted if the operator demonstrates that necessary and sufficient measures have been taken or are immediately being taken to limit emissions to a concentration that is lower than the emission limit value. The supervisory authority will assess the measures on-site. In this case, within one month and over three consecutive days the operator has measurements of dioxins and furans in the waste gases performed over a sampling period of at least six hours and at most eight hours according to standard NBN EN 1948 to confirm the effectiveness of the measures taken. The results are submitted to the supervisory authority within fourteen days.


[...].

Article 5.2.3bis.1.34.

§ 1.

In the case of technically unavoidable shutdowns, malfunctions or faults in waste gas cleaning installations, over at most four hours the concentrations of the pollutants emitted into the air may exceed the specified emission limit values. Incineration or co-incineration installations may under no circumstances proceed with the incineration of waste materials for longer than four consecutive hours. Moreover, the total duration in which incineration or co-incineration installations operate in such circumstances during one year must be less than 60 hours. This period of 60 hours applies to those lines of the whole incineration or co-incineration installation that are connected to one single waste gas cleaning installation.

 

§ 2.

In this case the total dust level of emissions into the air from an incineration installation may under no circumstances exceed a half-hourly average of 150 mg/Nm³. Nor may the emission limit values for CO and TOC in the air be exceeded. All other conditions regarding incineration must also be complied with.

 

§ 3.

In the case of another fault, the operator must reduce operation (incineration) as soon as practicable, or shut down the furnace until normal operation is again possible. At installations where not only waste materials are incinerated, the incineration of waste materials as an addition is discontinued.


[...].

Article 5.2.3bis.1.35.

§ 1.

Each calendar year the operator draws up a technical report detailing the incineration and co-incineration activities over the past year. To compile this report the operator can make use of other documents that must be submitted to the competent authority.

 

§ 2.

The technical report includes:

 

the nature, origin and quantities of the delivered waste materials;

a graphic representation of the course of emissions of water and air with the measurement results before and after the deduction of the reliability interval, and that regarding the emission limit values;

an overview of the operation of the installation (hours of operation, downtime for maintenance, emergency stops, malfunctions in the waste gas cleaning installation) and the fixed emission measuring equipment;

if relevant, the energetic performance of the installation mentioning the quantity of heat that was recovered or the quantity of electricity that was generated.

 

§ 3.

Each calendar year the operator also draws up a non-technical report that gives a brief account of the information in the technical report in terms understandable by the general public.

 

§ 4.

The reports meant in paragraph 1 and paragraph 3 are submitted to the supervisory authority and to the Public Waste Agency of Flanders at the latest by 1 April of the year after the calendar year to which they relate. A copy of the reports is also sent to the municipal council concerned [...].


Article 5.2.3bis.1.36. Translation not available

[...].

[...]


Article 5.2.3bis.1.37. [...]

Subsection 5.2.3bis.2.
Conditions for experimental incineration and co-incineration installations


Article 5.2.3bis.2.1. These conditions apply to establishments classified according to section 2.3.4.3 of the classification list.

Article 5.2.3bis.2.2. The date and the nature of each experiment must be reported to the supervisory authority at least one week in advance.

Article 5.2.3bis.2.3. Translation not available

Subsection 5.2.3bis.3.
Conditions for animal crematoria


Article 5.2.3bis.3.1. Without prejudice to the Animal By-products Regulation and its implementing Regulation (EU) No 142/2011, this subsection applies to the establishments meant in section 2.3.4.1, i) of the classification list.

Article 5.2.3bis.3.2. In conjunction with the delivery and receipt of cadavers, the operator of the installation takes all necessary precautionary measures to avoid or insofar as feasible limit any negative consequences for the environment, in particular the pollution of air, soil, surface water and groundwater, as well as odour nuisance and noise nuisance, and direct risks to public health.

Article 5.2.3bis.3.3.

§ 1.

Installations may under no circumstances accept livestock and poultry, not even if kept as pets.

 

§ 2.

The cadavers must be stored chilled. The cold storage area must be regularly cleaned and disinfected with a recognised disinfectant.

 

§ 3.

If possible the cadavers must be immediately placed in the furnace without being touched.


Article 5.2.3bis.3.4. By way of derogation from the general conditions for the processing of waste materials, no weighbridge is required.

Article 5.2.3bis.3.5.

§ 1.

The installations are designed, equipped, built and operated in such a way that, even in the most unfavourable circumstances, the gas generated during the process after the last supply of combustion air is heated in a controlled and homogeneous way to a temperature of 850°C, measured for two seconds close to the inside wall or at another representative place in the combustion chamber approved by the supervisory authority.

 

§ 2.

Each installation from 50 kg/h must be fitted with at least one auxiliary burner. This burner must be activated automatically if the temperature of the combustion gases after the last supply of combustion air drops below 850°C. It must also be used when the installation is being started up or shut down to ensure that the temperature of 850°C is maintained throughout the activities in question as long as there is unburned material in the combustion chamber.

 

§ 3.

Installations from 50 kg/h must have and use an automatic system to prevent cadavers being supplied:

 

a)

when starting up before the required incinerating temperature of 850°C is reached; and

b)

when the required incinerating temperature of 850°C is not maintained.


Article 5.2.3bis.3.6. Translation not available

Article 5.2.3bis.3.7.

§ 1.

Each installation from 50kg/h must have and use temperature measuring equipment.

 

§ 2.

The competent authority checks if all automatic monitoring equipment is appropriately installed and in working order. [...] 


Article 5.2.3bis.3.8.

§ 1.

Each animal crematorium complies with the following conditions when operating. The emission limit values relate to a reference oxygen level of 11%:

the following emission limit values apply to the discharged waste gases:

Dust

Emission limit value in mg/Nm³

total dust

30

sulphur dioxide

300

NOx, expressed as NO2

400

 

The concentration of these substances in the waste gases is measured at least annually by a recognised laboratory in the discipline of air as specified in Article 6, 5°, b) of VLAREL;

during normal operation, no precipitation of water drops from the waste gases may occur in the surrounding area; 

the following emission limit value for dioxins and furans applies:

Emission limit value in ng TEQ/Nm³

dioxins and furans

0.1

 

The average values are determined over a sampling period of at least six hours and at most eight hours. The emission limit value relates to the total concentration of dioxins and furans calculated using the concept of "toxic equivalence".

 

The mass concentration of dioxins and furans is measured at least every two years according to the requirements of the standard NBN EN 1948 by a recognised laboratory in the discipline of air as specified in Article 6, 5°, b) of VLAREL.

 

Each measured emission value of dioxins and furans must meet the emission limit value set, allowance made for the accuracy specified to in Article 4.4.4.2, §5.



 

§ 2.

Should the measurements taken show that one or more emission limit values have been exceeded, the operator reports this immediately to the supervisor and take the necessary measures to comply with the emission limit values.

 

§ 3.

All measurement results are recorded and presented in an appropriate manner.


Subsection 5.2.3bis.4.
Conditions for incineration and co-incineration installations for biomass waste


Article 5.2.3bis.4.1.

This section applies to the establishments as specified in sections 2.3.4.1, a) and 2.3.4.2, a) of the classification list.

 

The conditions of subsection 5.2.3bis.1 apply if the energy released during incineration is not recovered.


Article 5.2.3bis.4.2. Upon the delivery and receipt of waste materials, the operator of the incineration or co-incineration installation takes all necessary precautionary measures to prevent or insofar as feasible limit all harmful consequences for the environment, in particular the pollution of air, soil, surface water and groundwater as well as other negative environmental effects, odour nuisance and noise nuisance, and direct risks to public health.

Article 5.2.3bis.4.3. Translation not available

Article 5.2.3bis.4.4.

Before the waste materials are received at the incineration or co-incineration installation, the operator of the installation follows at least the following procedure for receipt:

check of the required documents;

check of conformity of the delivered waste materials with the written information.

 

If relevant, the waste materials are sampled and analysed in a representative manner to this end. The parameters to be analysed are so determined that a conclusive check of conformity is ensured. The samples taken are then kept for at least one month after incineration.


Article 5.2.3bis.4.5.

The operator establishes the mass of each waste category per load, and if possible the category in accordance with the waste materials list specified in appendix 2.1 of the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials before the waste is received by the incineration or co-incineration installation.

 

For installations and establishments where only biomass waste produced by the company itself is incinerated or co-incinerated at the place where the waste was produced, the first paragraph and Article 5.2.3bis.4.4 are not applicable.


Article 5.2.3bis.4.6.

The locations of incineration and co-incineration installations, with the associated sites for the storage of biomass waste, are designed and operated in such a way that the unlawful and accidental release of pollutants into soil, surface water and groundwater is prevented.

 

The storage area for the supplied waste materials is protected to such an extent that accidents during the unloading of the waste materials are avoided.


Article 5.2.3bis.4.7. Translation not available

Article 5.2.3bis.4.8.

§ 1.

In case of doubt between "non-polluted treated" and "polluted treated" wood waste, the following table of guide values for potential pollutants applies. This table contains A values and B values for possibly present pollutants in the form of heavy metals and halogenated organic compounds, as follows:

 

 Composition conditions in mg/kg DS

Pollutant

A

B

Arsenic and arsenic compounds, expressed as arsenic (As)

2

4

Copper and copper compounds, expressed as copper (Cu)

20

40

Lead and lead compounds, expressed as lead (Pb)

90

180

Chromium and chromium compounds, expressed as chromium (Cr)

30

60

Fluorine and fluorine compounds, expressed as fluorine (F)

30

60

Chlorine and chlorine compounds, expressed as chlorine (Cl)

600

1200

Pentachlorophenol

3

6

Benzo[a]pyrene

0.5

1

 

The conditions for determining whether these composition conditions are met are set in paragraph 6.

 

§ 2.

For incineration and co-incineration installations in which non-polluted treated wood waste is incinerated, on the initiative and at the expense of the operator analyses of at least the parameters specified in paragraph 1 are performed on the treated wood waste to be incinerated: 

for installations with a total nominal thermal input power up to and including 5 MW:

a)

annual sampling and analysis of the incineration of treated wood waste, originating from the installation's own production of wood materials; 

b)

quarterly sampling and analysis of the incineration of treated wood waste originating from third parties;

for installations with a total nominal thermal input power of over 5 MW:

a)

six-monthly sampling and analysis of the incineration of treated wood waste, originating from the installation's own production of wood materials;

b)

quarterly sampling and analysis of the incineration of treated wood waste originating from third parties;

 

§ 3.

The sampling must take place per waste material flow that is incinerated. If the waste materials to be incinerated are supplied under the same Eural code by different suppliers, the sampling of the waste material flow must take place per supplier. No analyses are required for fractions of untreated wood waste or purely mechanically-treated wood waste.

 

§ 4.

Analyses of wood waste can also be provided by suppliers of the wood waste to be incinerated, or suppliers of materials from which the wood waste to be incinerated is produced. These analyses are delivered at the frequency specified in paragraph 2. Analyses from suppliers of wood materials are not accepted if the operator is to perform further processes on the wood that may cause pollution.

 

§ 5.

The sampling and analysis of the wood waste are carried out by a recognised laboratory in the discipline of waste materials and other materials specified in Article 6, 5°, e) of VLAREL.

 

All analysis results are kept available for perusal by the supervisor.

 

§ 6.

The composition conditions specified in paragraph 1 are complied with if per waste material flow and per supplier:

 

during the annual sampling, none of the concentrations specified in column B is exceeded;

during six-monthly sampling, none of the concentrations specified in column B is exceeded, and per calendar year at least one of the two measurements meets the concentrations in column A;

during quarterly sampling, none of the concentrations specified in column B is exceeded, and per calendar year at least three of the four measurements meet the concentrations in column A;

during more than four measurements a year, none of the concentrations specified in column B is exceeded, and per calendar year at least 80% of the measurements meet the concentrations in column A.


Article 5.2.3bis.4.9.

The provisions of chapter 5.43 that apply to the incineration and co-incineration of biomass waste apply to incineration and co-incineration installations for biomass waste.

 

The provisions specified in chapter 5.43 that apply to the incineration and co-incineration of biomass waste and which have been set for installations with a total nominal thermal input power of 0.3 up to and including 1 MW apply to installations with a total nominal thermal input power of less than 0.3 MW.


Article 5.2.3bis.4.10. Translation not available

Article 5.2.3bis.4.11.

§ 1.

In the case of directly heated wood chip dryers, by way of derogation from and excluding all general emission limit values as stated in chapter 4.4 and by way of derogation from the sectoral emission limit values stated in Article 5.2.3bis.4.9 and Article 5.2.3bis.4.10, the emission limit values specified in Article 5.19.1.4, §3 apply.

 

§ 2.

In the case of directly heated wood chip dryers, by way of derogation from and excluding all general measurement frequencies as stipulated in chapter 4.4 and by way of derogation from the sectoral measurement frequencies as specified in Article 5.2.3bis.4.10, the measurement frequencies as specified in Article 5.19.1.4, §7 apply.

 

§ 3.

By way of derogation from Article 5.2.3bis.4.10, for directly heated wood chip dryers chapter 4.4 applies to the measuring method and the assessment of the measuring results.


Article 5.2.3bis.4.12. If, at incineration or co-incineration installations for biomass waste, it appears from the measurements that one or more emission limit values has/have been exceeded, the operator reports this immediately to the supervisor stating the measures that will be taken to comply with the emission limit values as soon as possible.

Article 5.2.3bis.4.13. The heat created by incineration or co-incineration is applied for useful purposes to the greatest possible extent according to the best available techniques.

Article 5.2.3bis.4.14.

The ash, fly ash and other residues from incineration are kept separate to allow the most suitable processing method possible, taking into account the hierarchy relating to the processing of waste materials specified in Article 4.1.6.2.

 

The removal of ash, fly ash and other residues must take place in a dust-proof way.


Section 5.2.4.
Landfills for the deposition of waste materials into or onto soil


Article 5.2.4.0.1. The section applies to the establishments meant in section 2.3.6 and section 2.4.4 of the classification list.

Article 5.2.4.0.2. Cost of the landfilling of waste

The operator shall ensure that at least the following costs are charged for the landfilling of waste materials at the landfill site:

 

-

All expenses related to the setting up and operation of the establishment

-

The costs related to the provision of the financial security

-

The costs related to the closure of the establishment and the after-care


Article 5.2.4.0.3. Transitional provisions

 

Temporary provisions dated 1 June 1995 (to be read in conjunction with the text of the order of the Government of Flanders of 1 June 1995, Belgian Official Gazette: 31 July 1995).

By way of derogation from that which is specified in Article 3.2.1.2., for existing landfills the following temporary provisions hold:

 

as of 1 January 1997 the prohibitions of Article 5.2.4.1.2. and the acceptance criteria of Article 5.2.4.1.3.§ 3. and of Article 5.2.4.1.4.§ 2. for waste materials deposited in landfills hold for all existing landfills;

 

from 1 January 1996 the provisions related to the period of after-care and the after-care activities in landfills (Article 5.2.4.4.6.) apply to all landfills that have not been fully completed on 31 December 1995.

 

for all existing landfills, the annual report concerning the landfill operations or after-care activity (Article 5.2.4.4.8.) is submitted for the first time 18 months after the date of enforcement of this order.

 

Temporary provisions within the framework of the implementation of European Directive 1999/31/EC of 26 April 1999 concerning the disposal of waste by landfill.

For landfills licensed before 16 July 2001 the following temporary provisions apply:

 

The conditions relating to setting up and infrastructure apply for landfills or sections of landfills that are established after 16 July 2001;

The conditions relating to the operation of the landfill site and the acceptance of waste at the landfill site, including the general provisions of section 5.2.1, become applicable for all existing landfills on the first day of the fourth month following the date of publication of this order in the Belgian Official Gazette;

The conditions relating to the closure procedures and after-care apply for those sections of the landfill that:

-

are established after 16 July 2001, or

-

are commissioned after publication of this order in the Belgian Official Gazette,

-

or have not been fully completed on 31 December 2005;

 

The operator draws up an adjustment plan.

This adjustment plan must contain the following information:

 

  • a check of the existing operating conditions against the provisions of section 5.2.1 (with the exception of Article 5.2.1.4) and section 5.2.4.
  • the corrective measures necessary to bring the existing operation into conformity with the new provisions of section 5.2.1 (with the exception of Article 5.2.1.4) and section 5.2.4.
  • a plan indicating the section of the landfill that will be completed according to the old conditions and the section that will be completed according to the new conditions.
  • a proposal for a financial security in accordance with the provisions of this section.

At the latest on 16 July 2002, four copies of this adjustment plan are submitted to the Provincial Executive of the province that has jurisdiction over the plots on which the landfill site is located.

The licensing authority sends one copy of the adjustment plan each to the Public Waste Agency of Flanders and the division competent for environmental licences with the request to provide an opinion, and one to the division competent for environmental enforcement with the request to draw up a report. These opinions and the report are given within two months.

The report from the division competent for environmental enforcement is contains an appraisal of the current operation, as well as a test of the current operation against the new provisions. The opinions of the Public Waste Agency of Flanders and the division competent for environmental licences includes an appraisal of the adjustment plan in its entirety as well as a proposal for the adaptation of the current licence.

The Provincial Executive seeks the opinion of the Provincial Environmental Licensing Committee about the adjustment plan.

The licensing authority decides on the adjustment plan within a period of four months. The operator, the Public Waste Agency of Flanders or the division competent for environmental licences can submit an appeal against the decision of the Provincial Executive to the Flemish Minister for the Environment within a period of thirty days commencing on the day after the service of the decision. Within the period of five months, the Flemish Minister delivers judgement on the appeal, after again having requested the opinion of the above-mentioned bodies and of the Regional Environmental Licensing Committee. A copy of the decision(s) about the adjustment plan is served on the operator, the Public Waste Agency of Flanders, the division competent for environmental enforcement, the division competent for environmental licences, and on the municipality concerned.

The licensing authority decides whether the operation can be continued on the basis of the adjustment plan. On the basis of the approved adjustment plan, the licensing authority authorises the necessary work and lays down a transitional period for the completion of the plan. This transitional period can run until at the latest 16 July 2009. The adjustment plan approved by the licensing authority ranks as an adaptation of the current licence, with the term of validity of the licence being maintained.

The landfills for which no permit to continue to operate is granted must be closed as soon as possible and at the latest by 31 December 2005, in accordance with the provisions relating to closure and after-care procedures in the earlier licence.

If the operator fails to submit an adjustment plan on time, the landfill site must be closed as soon as possible, and at the latest by 31 December 2005. In that case, the landfill site must be closed in accordance with the conditions imposed in the licence.

 

 

 

Transitory provisions regarding subsection 5.2.4.1 within the context of the implementation of European decision 2003/33/EC of 19 December 2002 for the establishment of criteria and procedures for the acceptance of waste at landfills in accordance with Article 16 and appendix II of Directive 1999/31/EC concerning the disposal of waste by landfill.

a)

)In accordance with Article 7 of European Decision 2003/33/EC, subsection 5.2.4.1 and appendix 5.2.4.1 come into force as of 16 July 2004, with the exception of the criteria of point B that come into force on 16 July 2005.

b

For existing and licensed landfills for which on 16 July 2005 a permit for further operation is granted in pursuance of the transitory provisions of point 2 of this Article, the following transitory provisions apply:

1)

the landfills licensed under the former subsection 2.3.6, a) as category 3 landfills remain for the period of the current licence licensed as such under the new subsection 2.3.6, a); the provisions of subsection 5.2.4.1 for landfills category 3 apply here;

2)

existing and licensed landfills for asbestos cement waste licensed as category 3 landfills remain licensed for the period of the current licence, divided into on the one hand under new subsection 2.3.6.c).3) as mono-landfill for asbestos-containing building material in which asbestos in bonded form is present and on the other hand under the new subsection 2.3.6.a).1) as landfills for inert waste;

3)

the landfills licensed under the former subsection 2.3.6, b) as category 2 landfills remain for the period of the current licence licensed as such under the new subsection 2.3.6, b); the provisions of subsection 5.2.4.1 for landfills category 2 apply here;

4)

the landfills licensed under the former subsection 2.3.6, c) as category 1 landfills remain for the period of the current licence licensed as divided into on the one hand a category 1 landfill and on the other hand a category 2 landfill under the new subsection 2.3.6, b); the provisions of subsection 5.2.4.1 for landfills category 1 and landfills category 2 apply here;

5)

for all existing licensed landfills, only waste materials or groups of waste materials may be accepted for which permission has been explicitly granted in the environmental licence;

6)

the operator of a landfill as meant in point 3) or 4) is obliged at the latest by 1 December 2006, by way of a minor amendment notification, to inform the authority issuing the licence under which category 2 and/or category 1 subcategories the existing landfill falls.


Subsection 5.2.4.1.
Waste materials acceptance at the landfill site


Article 5.2.4.1.1.

§ 1.

This subsection prescribes the uniform classification and the acceptance procedure for waste materials in accordance with the appendix to European Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills in accordance with Article 16 and annex II to EC Directive 1999/31/EC on the landfill of waste, as established by this subsection.

 

§ 2.

Point A of this subsection prescribes the procedure for the determining of the acceptability of waste materials on landfills. This procedure consists of the basic characterisation, a compliance test and on-site verification.

 

§ 3.

Point B of this subsection prescribes the obligatory acceptance for each landfill. Waste materials may only be accepted on a landfill if they meet the acceptance criteria of the landfill category in question.

 

§ 4.

Point C of this subsection gives an overview of the methods to be used for the sampling and testing of waste materials.


Article 5.2.4.1.2. Translation not available

A.
Procedure for the acceptance of waste on landfills

Article 5.2.4.1.3. Basic characterisation

Basic characterisation is the first stage in the acceptance procedure and entails the complete characterisation of the waste materials by the collection of all necessary information for the safe disposal of the waste materials in the long term. Basic characterisation is required for each type of waste material.

 

The requirements for this are:

Basic characterisation has the following functions:

a)

basic information on the waste materials (type and origin, composition, consistency, leachability and - if necessary and available - other characteristic properties);

b)

basic information to gain an understanding of waste materials behaviour in landfills and the treatment options as established in section 5.2.4 of this Order;

c)

assessment of waste materials using limit values;

d)

identification of the main variables (critical parameters) for performing the check test and options for simplifying this test (which should lead to a considerable reduction in the number of elements to be measured, but only after consulting the relevant information); characterisation can reveal relationships between basic characterisation and the results of simplified test procedures as well as the frequency of check tests.

 

If the basic characterisation of a waste material demonstrates that the substance meets the requirements of the criteria for a landfill category in point B of this subsection, the substance is considered acceptable for this landfill category. If the waste material does not meet the criteria, it is not acceptable for this landfill category.
The waste materials producer or the person responsible for their management is also responsible for ensuring that the characterisation information is correct.
The operator is required to keep the information archived for a period of 10 years.

The essential requirements for the basic characterisation of waste materials are as follows:

a)

source and origin of the waste materials;

b)

information on the process producing the waste materials (description and characteristics of raw materials and products);

c)

description of the waste treatment applied pursuant to section 5.2.4 of this Order or a statement of the reasons why such treatment is not considered necessary;

d)

data on the composition of the waste and leaching behaviour where relevant;

e)

appearance of the waste (odour, colour, physical form);

f)

code according to the European list of waste materials as included in appendix 2.1 of the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials;

g)

for dangerous wastes in case of mirror categories: the danger properties in question in accordance with annex III to Council Directive 91/689/EC of 12 December 1991 on dangerous waste materials, as specified in section 4.1 of the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials;

h)

information proving that the waste materials do not fall under the exclusions given in Article 5.2.4.1.2;

i)

the category of landfill at which the waste can be accepted;

j)

additional precautions to be taken at the landfill site if necessary;

k)

a check to see if the waste materials can be recycled or recovered.

In general, a waste material must be tested to obtain the information specified in 2°. Aside from leaching behaviour, the composition of the waste material must be known or ascertained through testing. The tests used for basic characterisation must be the same as those used for monitoring.
The content of the characterisation, the extent of laboratory testing required and the relationship between basic characterisation and compliance check depend on the type of waste. A distinction can be made between:

a)

Waste that is regularly generated in the same process.
This concerns a single waste material with a constant composition that is regularly generated during the same process where:

t)

the installation and the process generating the waste materials are sufficiently known, and the base material for the process and the process itself are exactly described;

u)

the operator of the installation provides all the necessary information and informs the operator of the landfill of any changes to the process (in particular changes in the base material).
The process will often take place in the same installation. The waste materials can also originate from different installations if it can be established that this concerns one single waste material flow with common characteristics within known limits (for example bottom ash originating from the incineration of household waste).
For these waste materials the basic characterisation will consist of the essential requirements meant in 2° and in particular the following:

1)

dispersal in the composition of the separate waste materials;

2)

dispersal and variability of characteristic properties;

3)

if necessary, the leachability of the waste materials as determined by means of a shaking test and/or a column test and/or a pH-dependence test;

4)

most important variables that must be regularly tested.
If the waste production has taken place during the same process at different installations, information must be provided about the scope of the evaluation. The number of measurements must as a result be high enough to demonstrate the dispersal and variability of the characteristic properties. The waste can then be considered as characterised, and is then only tested by way of a check unless important changes occur in the generation processes.
For waste materials originating from the same process in the same installation, the results of the measurements may only show small variations in the properties of the waste materials in comparison with the applicable limit values. The waste can then be considered as characterised, and is then only tested by way of a check unless important changes occur in the generation processes.
The properties of waste originating from installations for the bulking or mixing of waste, waste transfer stations or mixed waste material flows originating from waste collection points can show signs of considerable variations. Account must be taken of this when considering the basic characterisation. This waste can fall under case b).

b)

Waste not regularly generated.
This concerns waste materials not regularly generated during the same process in the same installation and that form no part of a characterised waste material flow. Characterisation is required for each batch of such waste. Basic characterisation must involve the essential requirements used in this characterisation. Since every consignment of waste must be characterised, there is no need to carry out check tests.

The characterisation specified under a) and b) will provide information that can be directly compared to acceptance criteria for the landfill category in question, and descriptive information can also be provided (for example the consequences of landfilling this waste together with household waste).

Basic characterisation tests are not required in the following cases:

a)

the waste materials are on a list of substances for which no tests are required, as determined in point B;

b)

all necessary information for the basic characterisation is known and appropriately explained to the satisfaction of the Public Waste Agency of Flanders;

c)

certain types of waste for which testing is impracticable or appropriate test procedures and acceptance criteria are absent. This must be explained and documented with a description of the reasons why the waste is considered acceptable for this landfill category.


Article 5.2.4.1.4. Compliance testing

§ 1.

When on the basis of a basic characterisation in accordance with point A waste is considered acceptable for a landfill category, the waste must then be subjected to compliance tests to determine if the waste is in conformity with the results of the basic characterisation and the applicable acceptance criteria contained in point B.

 

§ 2.

Compliance tests have as their purpose the periodic testing of regularly generated waste flows.

 

The applicable parameters to be tested are determined during the basic characterisation. The parameters must be related to the information obtained from this characterisation; only a check of critical parameters (most important variables) is required, as determined during the basic characterisation. The test must demonstrate that the waste meets the limit values for the critical parameters.

 

Tests used for compliance testing must form part of the of the basic characterisation tests. At least a shaking test must form part of the compliance tests. The methods specified in point C must be used.

 

§ 3.

Waste that in accordance with Article 5.2.4.1.3, 4° a) and c) is exempt from the tests for basic characterisation is also exempt from compliance tests. It must, however, be checked if this waste is in conformity with the information for the basic characterisation that is not related to the tests.

 

Compliance tests must take place at least annually, and the operator must in any event ensure that the conducting of this testing takes place with a scope and frequency determined on the basis of the basic characterisation.

 

§ 4.

The test results must be retained for a period of 10 years.


Article 5.2.4.1.5. On-site verification

§ 1.

Each waste load arriving at a landfill is visually inspected before and after unloading. The required documentation is also checked.

 

For waste deposited by the producer of the waste at a landfill under his/her management, this verification may take place at the point of sending.

 

§ 2.

The waste may be accepted at the landfill if it is the same waste as subjected to the basic characterisation and compliance tests and is described in the associated documents. If this condition is not met, it is not permissible for the waste to be accepted.

 

The test requirements for on-site verification are established in point B.

 

§ 3.

Samples are periodically taken upon delivery of the waste. These samples are stored for a period of one month after acceptance of the waste.


B.
Waste materials acceptance criteria

Article 5.2.4.1.6. Waste materials acceptance criteria

§ 1.

This point B describes the criteria for the acceptance of waste in each landfill category, including the criteria for underground storage sites.

 

§ 2.

In certain cases there are a maximum of three times higher limit values for specific parameters specified in this point

 

(except dissolved organic carbon (DOC) in Article 5.2.4.1.7, § 4, 1°, Article 5.2.4.1.8, § 5, Article 5.2.4.1.9, § 3 and Article 5.2.4.1.10, § 4, BTEX, PCBs and mineral oil in Article 5.2.4.1.7, § 4, 2°, total organic carbon (TOC) and pH in Article 5.2.4.1.9, § 4 and weight loss through ignition ("Loss on Ignition" "LOI") and/or TOC in Article 5.2.4.1.10, § 5, and with the restriction of the possible increasing of the limit value for TOC in Article 5.2.4.1.7, § 4, 2° to twice the limit value) are acceptable if:

this is determined in the waste-specific permit for the receiving landfill, where account is taken of the properties of the landfill and its environment, and

the emissions (including leachate) of the landfill, taking into account the limit values specified in this point for the specific parameters, based on a risk analysis, comprise no extra risk to the environment,


Article 5.2.4.1.7. Criteria for landfill sites for inert waste materials

Translation not available

Article 5.2.4.1.8. Criteria for mono-landfills for non-dangerous waste materials

Translation not available

Article 5.2.4.1.9. Criteria for dangerous waste acceptable at landfills for non-dangerous waste

Translation not available

Article 5.2.4.1.10. Criteria relating to waste acceptable at landfills for dangerous waste materials

Translation not available

Article 5.2.4.1.11. Criteria for underground storage sites

For the acceptance of waste materials in underground storage sites, a safety assessment of each specific storage location must take place as defined in appendix 5.2.4.1 to this order. Waste materials acceptance is only allowed in accordance with the specific safety assessment.

 

At underground storage sites for inert waste materials, acceptance is only allowed of waste materials which meet the criteria specified in Article 5.2.4.1.7.

 

At underground storage sites for non-dangerous waste materials, acceptance is only allowed of waste materials which meet the criteria specified in Article 5.2.4.1.8. and 5.2.4.1.9.

 

At underground storage sites for dangerous waste materials, acceptance is only allowed of waste materials that are in accordance with the safety assessment for these specific storage sites. In this case the criteria specified in Article 5.2.4.1.10 are not applicable. However, the waste materials must be subjected to the acceptance procedure described in part A.


Article 5.2.4.1.11/1. Criteria for the temporary storage of metallic mercury for more than one year

§ 1. Composition of the mercury

Metallic mercury must meet the following specifications: 

the mercury content is greater than 99.9 per cent by weight;

it does not contain any impurities that could corrode carbon steel or stainless steel, such as nitric acid solution and chloride solutions.

 

 

§ 2. Casing

Drums used for the storage of metallic mercury are corrosion-resistant and shock-resistant. Welds are therefore avoided. In particular, therefore, the drums must meet the following requirements:

 

the material of the drum is carbon steel (at least ASTM A36) or stainless steel (AISI 304, 316L);

the drums are gas- and liquid-tight; 

the outside of the drum can withstand the storage conditions;

the design type of the drum must pass the drop test and leak-tightness test described in chapter 6.1.5.3 and 6.1.5.4 of the UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria.

 

The degree of filling of the drum is at most 80 per cent by volume, so that there is sufficient space available and no leaks or permanent deformation of the drum can occur as a result of expansion of the liquid due to high temperatures.

 

§ 3. Acceptance procedures

Only drums with a certificate that meets the conditions laid down in paragraph 4 may be accepted.

 

The acceptance procedures must meet the following conditions:

only metallic mercury that meets the minimum criteria for acceptance as specified in paragraph 1 may be accepted;

the drums undergo a visual inspection prior to storage. Damaged, leaking or corroded drums may not be accepted;

the drums have a durable stamp, made by punching, mentioning the identification number of the drum, the construction material, the empty weight, the manufacturer's reference and the date of manufacture;

the drums bear a plate, which is permanently attached to the drum and which gives the identification number of the certificate.

 

§ 4. Certificate

The certificate as specified in paragraph 3 includes the following information:

 

the name and address of the waste producer; 

the name and address of the person responsible for filling;

the place and date of filling;

the quantity of mercury;

the purity of the mercury and, if relevant, a description of the impurities, including the analysis report;

confirmation that the drums are used exclusively for the transport or storage of mercury; 

the identification numbers of the drums;

any specific observations.

 

The certificates are issued by the producer of the waste or, failing this, by the person responsible for its management.


C.
Sampling and test methods

Article 5.2.4.1.12.

§ 1.

The sampling and testing activities for basic characterisation and the check test are carried out by independent and qualified persons and establishments. Laboratories must have demonstrable experience in the testing and analysis of waste materials and an efficient system for quality assurance.

 

The sampling activities can therefore be carried out at the operator's expense, either by the operator with equipment and according to a method that has been approved by a laboratory recognised in the discipline of waste materials and other materials as specified in Article 6, 5°, e), of VLAREL, or by the above-mentioned environmental expert himself/herself provided that the objectives described in this subsection are achieved.

 

The testing activities can therefore also be carried out at the operator's expense, either by the operator with equipment and according to a method that has been approved by a recognised lab in the discipline of waste materials and other materials as specified in Article 6, 5°, e), of VLAREL, or by the above-mentioned environmental expert himself/herself provided that a suitable system for quality assurance with periodic independent inspection is in place.

 

§ 2.

The following methods are used:

 

for the sampling of waste materials - for basic characterisation, compliance tests and on-site verification - a sampling plan is developed in accordance with part 1 of the sampling standard currently being drawn up by the CEN;

general properties of waste materials;

leaching tests;

digestion of waste materials;

analysis.

This list will be amended when more CEN standards are available.

 

For tests and analyses for which CEN methods are not (or not yet) available, the methods used must be in accordance with a code of good practice.


Subsection 5.2.4.2.
Work plan


Article 5.2.4.2.1.

§ 1.

The general work plan for landfills shall also provide the following additional information, depending on the type of landfill:

  1. division of the available landfill area into cells;
  2. the order in time and space of the filling with normal waste deliveries and the routines to be followed when abnormally large quantities of waste are delivered;
  3. the method of filling and sealing;
  4. the thickness of the layers of waste for the application of the intermediary and final covers;
  5. the length of the working face;
  6. organisation of the supply and storage of covering materials;
  7. the drainage plan comprising the scheme and organisation of measures relating to the treatment of leachate water;
  8. the layout, dimensions and operating cycle of the leachate treatment installation, with a view to compliance with the effluent standards imposed;
  9. the measures to ensure the stability of the deposited waste, cover materials and top soil cover;
  10. the gas drainage plan comprising the scheme and organisation of measures relating to treatment of the released landfill gas;
  11. the drainage plan for the landfill site, detailing the outline and the organisation of the measures related to the drainage of excess water;
  12. the monitoring and checking plan

 

§ 2.

The work plan must have the approval of the supervisory authority. The approved work plan is monitored by the supervisor.


Subsection 5.2.4.3.
Design and infrastructure of the landfill site


Article 5.2.4.3.1.

§ 1.

The location and design of a landfill site must meet the necessary conditions to avoid pollution of the soil, groundwater or surface water, as well as the conditions by which effective collection of leachate is ensured in the instances and according to the conditions set out below. Protection of soil, groundwater and surface water must be achieved by the combination of a geological barrier and a bottom liner during the operation phase and by the combination of a geological barrier and an isolating cover layer during the after-care phase/post closure. The geological barrier is determined by geological and hydrogeological conditions below and in the vicinity of a landfill site providing sufficient retention capacity to prevent a potential risk to soil and groundwater.

 

§ 2.

The disposal of waste by landfill can only be started after the supervisory authority has inspected the site and is satisfied that it meets the conditions in question of the licence. The above-mentioned observations are set down in writing in the official report providing for the acceptance of the landfill site and the explicit permission to commence landfill activities. This does not reduce in any way the responsibility of the operator under the conditions of the permit.


Article 5.2.4.3.2. [...]

Article 5.2.4.3.3. Translation not available

Article 5.2.4.3.4.

§ 1.

In accordance with the results of the hydrogeological study and the stability study, for category 3 landfills, before the design of the landfill begins, a layout plan is drawn up by an expert accepted by the supervisory authority and submitted to the supervisory authority for approval. The layout plan of the landfill site comprises:

  • filling, levelling and profile plan;
  • for raised landfills: construction of the landfill embankments (dimensions and materials used);
  • construction and implementation of the base layer and protective layers (materials used);

 

§ 2.

The following preparatory infrastructure works are carried out successively, in accordance with the approved work plan:

  1. preparatory earthworks;
  2. if not naturally present: the installation of the sealing layer
  3. for raised landfills: the construction of the landfill embankments

These works are carried out under the supervision of an expert recognised by the supervisory authority. Upon completion, this expert writes up a report verifying the conformance of the works with the approved installation plan. This report is sent to the supervisory authority. The final approval of the setting up of the landfill is included in the official report, as meant in Article 5.2.4.3.1 § 2.

 

§ 3.

The preparatory earthwork comprises the cleaning, levelling, profiling and the compacting of the site in accordance with the approved work plan.

 

§ 4.

The liner

The liner comprises a geological barrier. The landfill base and sides must consist of a mineral layer which meets permeability and thickness requirements with a combined effect in terms of protection (K) of soil, groundwater and surface water at least equivalent to the one resulting from a 1 metre-thick aquiclude and with a K value less than or equal to 1.0 × 10-7 m/s;

The homogeneous aquiclude meant above may be an in situ natural layer if the geological circumstances at the site offers sufficient guarantees as regards impermeability. The applicant provides sufficient proof of impermeability and such proof must first be accepted by the supervisory authority. In any event the natural conditions must offer sufficient guarantees that any pollution of soil or groundwater as a result of leachate seeping out is prevented;

Where the geological barrier does not naturally meet the above conditions it can be completed artificially and reinforced by other means giving equivalent protection. A geological barrier created by artificial means must be at least 0.5 metres thick.

 

§ 5.

In the case of heaped landfills, the entire landfill site is enclosed by embankments. These landfill embankments are of sufficient width and height. The embankment body is made up of homogeneous material that has been sufficiently compacted. The embankments are constructed in accordance with to the progress of the landfill activities as indicated in the approved work plan. The outer slope of the embankment is sown with grass.


Article 5.2.4.3.5. Temporary storage of metallic mercury

The following conditions apply to the temporary storage of metallic mercury for more than one year:

 

metallic mercury is stored separately from other waste;

the drums are stored in reservoirs that are coated in such a way that they are free from cracks and holes and do not allow any metallic mercury through, and which are of sufficient capacity for the quantity of mercury being stored;

The storage location is provided with artificial or natural barriers that are capable of protecting the environment from mercury emissions and the capacity of which is sufficient for the total quantity of mercury being stored;

the floors of the storage location are covered with a mercury-resistant sealing product. There is a sloping surface with a cistern present;

the storage location is equipped with a fire protection system;

the storage is organised in such a way that all drums are easily accessible.


Subsection 5.2.4.4.
Operation


Article 5.2.4.4.1. Translation not available

Article 5.2.4.4.2. Translation not available

Article 5.2.4.4.3.

§ 1.

At a category 3 landfill, the separating or sorting of waste materials can be allowed by the supervisory authority. The supervisory authority's guidelines are included in the work plan in writing.

 

§ 2.

The sorted or separated waste materials are stored in an orderly and safe manner on designated floor surfaces or in containers, insofar as this does not give rise to nuisance.


Article 5.2.4.4.4.

§ 1.

At category 1 and 2 landfills, each landfill layer is covered with an intermediate cover layer at least 0.2 m thick to prevent litter and dust and odour pollution.

 

At the end of the working day all deposited waste materials are covered with an intermediary cover that is at least 0.2 metres thick. Substances causing unpleasant odours are covered without delay.

 

If subsidence, cracks, slides, holes, or places where the waste is not covered appear, these are covered with intermediary cover material on the day they are discovered.

 

§ 2.

For the intermediary cover, use is preferably made of waste materials that meet the objectives set in § 1 and that are allowed at the landfill. If such waste materials are not available, soil materials are used. The use of waste materials as intermediary cover is specified in the work plan. At category 2 landfill sites, for an incomplete waste layer, the intermediary cover at the end of the working day may be replaced by an intense spreading of lime or by other measures specified in the work plan.

 

§ 3.

For the laying of the intermediary cover, the operator has an adapted earth-moving machine at his/her continuous disposal.

 

§ 4.

The storage of the material used for the intermediary cover layers may not cause nuisance.


Article 5.2.4.4.5. Translation not available

Article 5.2.4.4.6. Translation not available

Subsection 5.2.4.5.
Closure and after-care


Article 5.2.4.5.1. Translation not available

Article 5.2.4.5.2. Translation not available

Article 5.2.4.5.3. Translation not available

Article 5.2.4.5.4.

§ 1.

The after-care period for a category 1, 2 and 3 landfill site is at least 30 years. The after-care period commences on the date of the supervisor's official report recording the final closure of the landfill site. The licensing authority can extend the after-care period at the request of the supervisory authority or the Public Waste Agency of Flanders, or on the basis of the trend in groundwater quality, the behaviour of the landfill, settlement, leachate or landfill gas production, or other occurrences or events with a harmful effect on the environment.

 

§ 2.

The after-care activities consist of at least the following points:

  1. the upkeep and maintenance of the following infrastructure:
    • enclosure and entrance gates;
    • the roads at the closed site;
  1. management of the vegetation;
  2. a regular check of the state of the top covers, embankments and slopes with a view to looking for the occurrence of any settlement and erosion, including any repair works;
  3. preservation and maintenance of the drainage systems, including pumping off and purifying any leachate still produced;
  4. the upkeep, maintenance and operation of the degassing infrastructure, including the gas flare;
  5. preservation and maintenance of the groundwater monitoring wells including carrying out the checks and measurements specified in the licence;
  6. the annual reporting specified in the licence.

 

§ 3.

Before the completion of the final closure of the landfill site, the operator submits an after-care plan for approval. The after-care plan must include at least the following points:

  • a schedule for carrying out the checks and measurements imposed by the licence;
  • a work plan for the performance of the after-care activities specified under § 2 above.

 

§ 4.

The after-care plan is subject to approval by the Public Waste Agency of Flanders as regards all checks and measurements of groundwater, and by the supervisory authority as regards all other points.

 

§ 5.

The approved after-care plan is included in the official report in which the supervisor acknowledges definitive closure of the landfill.

 

§ 6.

The operator notifies the supervisory authority and the Public Waste Agency of Flanders of any significant adverse environmental effects revealed by the monitoring procedures and follows the decision of the competent authority on the nature and timing of the corrective measures to be taken. These measures, which are at the expense of the operator, are subject to approval by the Public Waste Agency of Flanders as regards groundwater, and by the supervisory authority as regards other aspects. If the operator fails to carry out the (modified or otherwise) measures or contract another party to carry them out within the term specified, the Public Waste Agency of Flanders can order that the measures meant be carried out at the operator's expense.


Subsection 5.2.4.6.
Checking and monitoring procedures in the operation and after-care phases


Article 5.2.4.6.1.

§ 1.

This subsection determines the minimum check procedures that must be carried out to verify:

-

that waste has been accepted for disposal in accordance with the criteria set for the category of landfill concerned;

-

that the processes within the landfill proceed as desired;

-

that the environmental protection systems are functioning fully as intended;

-

that the permit conditions for the landfill are met.



 

§ 2.

During the operational and after-care phases the operator of a landfill carries out a checking and monitoring programme as determined further below;;

 

§ 3.

The operator notifies the supervisory authority and the Public Waste Agency of Flanders of any significant adverse environmental effects revealed by the checking and monitoring procedures and follows the decision of the supervisory authority on the nature and timing of the corrective measures to be taken. These measures are undertaken at the expense of the operator.

 

§ 4.

The analyses within the framework of the checking and monitoring procedures are carried out by a recognised laboratory. If the operator has the analyses for the acceptance of the waste materials carried out under his/her own management, he/she must obtain an accreditation to do so.

 

The procedures, methods and equipment for the measurements of landfill gas, leachate and groundwater are approved by the supervisory authorities. The methods used for sampling and measuring are approved beforehand by a laboratory recognised in the matter, unless the sampling and measuring is carried out by such a laboratory recognised in the matter. The same applies for the location of the sampling or the measurement point. Gas checks must be representative for each section of the landfill. 


Article 5.2.4.6.2. water, leachate and gas checks

Sampling of leachate and surface water if present is collected at representative points. Sampling and measuring (volume and composition) of leachate is performed separately at each point at which leachate is discharged from the site. Monitoring of any surface water present is carried out at not less than two points, one upstream from the landfill site and one downstream.

 

Gas checks must be representative for each section of the landfill.

 

For leachate and water, a sample, representative of the average composition, is taken for monitoring.

 

For category 1 and 2 landfill sites, the leachate water is sampled according to the frequency given in the table below and analysed by a laboratory recognised in the discipline of water, sub-area waste water as specified in Article 6, 5°, a) of VLAREL. The discharge of treated leachate is sampled and analysed at least once a month. These checks (sampling and analysis) continue throughout the after-care period as long as the site is still producing leachate. The analyses to be made include at least the general quality parameters for groundwater (temperature, pH, conductivity, normal cations and anions), complemented by the relevant pollution parameters (heavy metals, organic substances) set down on the basis of the composition of the waste materials deposited. The list of parameters to be determined in the analyses is approved by the Public Waste Agency of Flanders.

 

At landfills where active degassing takes place, the composition of the landfill gas is determined according to the intervals given in the table below.

 

Operation

phase

After-care

phase

1.1 Leachate quantity

Monthly1, 3

Half-yearly3

1.2 Leachate composition 2

Quarterly 3

Half-yearly

1.3 Quantity and composition of the surface water7

Quarterly 3

Half-yearly

2.4 Potential gas emissions and atmospheric pressure 4 (CH4, CO2, O2, H2S, H2 enz…)

Monthly1, 5

Half-yearly6

 

———

Notes

 

(1) The frequency of sampling can be adjusted on the basis of the morphology of the landfill waste: in tumulus, buried, etc.

This must be specified in the licence.

 

(2) The parameters to be measured and the substances to be analysed vary according to the composition of the landfill waste. They are specified in the licence and reflect the leaching characteristics of the waste materials.

 

(3) If it appears from the evaluation of the data that longer intervals are equally effective, these intervals can be adjusted. The conductivity of leachates is measured at least once a year.

 

(4) These measurements are related mainly to the organic matter content of the waste materials.

 

(5) CH4, CO2, O2 are checked regularly, the other gases as required, depending on the composition of the landfill waste, the aim being to reflect the leaching characteristics.

 

(6) The efficiency of the gas collection system is checked regularly.

 

(7) On the basis of the characteristics of the deposit area, the competent body may determine that these measurements are not required.

 

With a view to drawing up a water balance, the following data are collected for category 1 and 2 landfills, either by making measurements at the landfill site itself or at the nearest meteorological station:

 

 

Operation phase

After-care phase

1.1 Precipitation

Daily

Daily values, added up to monthly values

1.2 Temperature min. max., 2 p.m. MET

Daily

Monthly average

1.3 Prevailing wind direction and force

Daily

Not required

1.4 Evaporation lysimeter (1)

Daily

Daily values, added up to monthly values

1.5 Atmospheric humidity 2 p.m. MET

Daily

Monthly average

(1) or using another appropriate method

 

 


Article 5.2.4.6.3. protection of groundwater

Translation not available

Article 5.2.4.6.4. Topography of the landfill site: data on the deposited mass

Each year the following data are collected:

 
 

 

Operation phase

After-care phase

1.1 Structure and composition of the deposited mass1 

Annually

 

1.2 Settling behaviour of the deposited mass 

annually

Annually

 

 

———

 

Notes

 

(1) Data on the status of the landfill in question: the surface area covered with waste, volume and composition of the waste, method of deposition, time and duration of the landfilling operations, calculation of remaining useful volume at the landfill


Article 5.2.4.6.5. Translation not available

Article 5.2.4.6.6. Specific conditions for the temporary storage of metallic mercury for more than one year

§ 1. Conditions relating to supervision, inspection and emergency situations

A permanent measuring system for mercury vapour with a sensitivity of at least 0.02 mg mercury/m³ is installed at the storage location. Sensors are set up at ground level and at head height. This system includes a visual and acoustic alarm mechanism. It is serviced annually.

 

The storage location and the drums are inspected visually at least once a month by a competent person. If leaks are found, the operator immediately takes the necessary steps to prevent any emission of mercury into the environment and to restore the safety of the mercury storage. Any leak is considered to have significant detrimental environmental effects, as specified in Article 5.2.4.6.1, §3.

 

Emergency plans and suitable protective equipment for handling metallic mercury are available at the location.

 

§ 2. Maintaining records

All documents that contain the information as specified in paragraph 1 and Article 5.2.4.1.11/1, including the certificate accompanying the drum, together with the records relating to the release and shipment of metallic mercury after its temporary storage and the destination and treatment performed, are kept for at least three years after the end of the storage period.


Subsection 5.2.4.7.
Financial guarantee


Article 5.2.4.7.1. Translation not available

Article 5.2.4.7.2.

 the Public Waste Agency of Flanders can lay claim to the financial security provided in the following manner:

 

At the reasoned request of the supervisory authority recording the non-compliance with the operating conditions or on the basis of its own observations, the Public Waste Agency of Flanders gives notice of default to the operator by registered letter. In the notice of default, the measures the operator is expected to take and also the term for their implementation are laid down. A copy of the notice of default is sent to the provider of the financial security by registered letter.

 

If the operator, within a period of one month, does not undertake in writing to carry out the measures requested to the letter, or if the operator afterwards does not strictly implement these measures, the Public Waste Agency of Flanders decides to take the necessary measures ex officio.

 

The decision to proceed to ex officio implementation of the measures is communicated by registered letter to the operator of the landfill, to the provider of the financial security and to the supervisory authority.

Before proceeding to the implementation of the necessary measures, the Public Waste Agency of Flanders presents the approved scheme (which includes a cost estimate, implementation and financing plans for the work) to the provider of the financial security. The provider of the financial security guarantees the payment of the invoices submitted by the Public Waste Agency of Flanders and is responsible for their payment.


Section 5.2.5.
MONO-LANDFILLS FOR DREDGING SPOIL ORIGINATING FROM SURFACE WATERS IN THE PUBLIC HYDROGRAPHIC NETWORK


Subsection 5.2.5.1.
General provisions


Article 5.2.5.1.1. Translation not available

Article 5.2.5.1.2.

The operator ensures that at least the following costs are charged for the landfilling of waste materials at the landfill site:

all costs associated with the installation and operation of the landfill;

the costs involved in providing a financial guarantee;

the costs relating to the closure of the site and its after-care.


Subsection 5.2.5.2.
Acceptance of dredging spoil at mono-landfill sites


Article 5.2.5.2.1.

The following dredging spoil may not be accepted at a mono-landfill:

dredging spoil that contains more than 0.1% acutely toxic organic substances of danger category 1 and 2 according to the CLP Regulation, expressed in anhydrous waste material;

[...]

all other types of dredging spoil which do not meet the prevailing acceptance criteria. It is prohibited to dilute or mix waste materials with the sole intent of meeting the acceptance criteria.

 

Without prejudice to the provisions of Regulation (EC) No 1102/2008 of the European Parliament and of the Council of 22 October 2008 on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury, dredging spoil that, expressed in a percentage of dry waste:

contains toxic inorganic substances in concentrations greater than the threshold value whereby preparations of them are given the symbol T+ or T on the basis of the substances' toxicological characteristics (R phrases 23, 24, 25, 26, 27, 28, 39 and 48) (Directive 1999/45/EEC of 31 May 1999),

or contains toxic inorganic substances in concentrations greater than the threshold value whereby mixtures of them are given the danger classes and categories acute toxicity, category 1, 2 or 3, specific target organ toxicity after one-time exposure category 1 or specific target organ toxicity with repeated exposure category 1 on the basis of the substances' toxicological characteristics (with danger labels H300, H301, H310, H311, H330, H331, H370, of H372) (Regulation (EC) No 1272/2008 of 16 December 2008), are only deposited in compliance with the following conditions:

a)

to limit the risks to man and the environment to a strict minimum and to meet current acceptance criteria, it may be necessary to pretreat the dredging spoil so that the toxic compounds present are converted into less toxic compounds as effectively as possible, whereby, however, the chemical form of the toxic metal obtained must be less leachable;

the dredging spoil is deposited in a category 1 landfill in salt cell conditions, so that zero emissions are achieved in every respect. This is understood as meaning that the dredging spoil is physically encased. More specifically, there may be no emissions whatsoever caused through handling the dredging spoil, through leachate or through the spread of dust or the like.


Article 5.2.5.2.2. Basic characterisation

Basic characterisation is the first step in the acceptance procedure and constitutes a full characterisation of the dredging spoil by gathering all the necessary information for safe disposal of the waste in the long term. Basic characterisation is required for each type of waste material.

 

The requirements for this are:

Basic characterisation has the following functions:

a)

basic information on the waste materials (type and origin, composition, consistency, leachability and - if necessary and available - other characteristic properties);

b)

basic information to gain an understanding of waste materials behaviour in landfills and the treatment options as established in section 5.2.4 of this Order;

c)

assessment of waste materials using limit values;

d)

identification of the main variables (critical parameters) for performing the check test and options for simplifying this test (which should lead to a considerable reduction in the number of elements to be measured, but only after consulting the relevant information); characterisation can reveal relationships between basic characterisation and the results of simplified test procedures as well as the frequency of check tests.

 

If the basic characterisation of a dredging spoil shows that the substance meets the criteria for a landfill category given in subsection 5.2.5.3, the substance is considered acceptable for this landfill category. If the waste material does not meet the criteria, it is not acceptable for this landfill category.

 

The waste materials producer or the person responsible for their management is also responsible for ensuring that the characterisation information is correct. The operator is required to keep the information archived for a period of 10 years.

The essential requirements for the basic characterisation of waste materials are as follows:

 

a)

source and origin of the waste materials;

 

b)

information on the process producing the waste materials (description and characteristics of raw materials and products);

 

c)

description of the waste treatment applied pursuant to section 5.2.4 of this Order or a statement of the reasons why such treatment is not considered necessary;

 

d)

data on the composition of the waste and leaching behaviour where relevant;

 

e)

appearance of the waste (odour, colour, physical form);

 

f)

code according to the European list of waste materials as specified in annex 2.1 of the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials;

 

g)

for dangerous wastes in case of mirror categories: the danger properties in question in accordance with annex III to Council Directive 91/689/EC of 12 December 1991 on dangerous waste, as specified in section 4.1 of the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials; 

 

h)

information proving that the waste materials do not fall under the exclusions given in Article 5.2.4.1.2;

 

i)

the category of landfill at which the waste can be accepted;

 

j)

additional precautions to be taken at the landfill site if necessary;

 

k)

a check to see if the waste materials can be recycled or recovered.

In general, a waste material must be tested to obtain the information specified in 2°. Aside from leaching behaviour, the composition of the waste material must be known or ascertained through testing. The tests used for basic characterisation must be the same as those used for monitoring. Characterisation is required for every consignment of dredging spoil. Basic characterisation must involve the essential requirements used in this characterisation. Since every consignment of waste must be characterised, there is no need to carry out check tests. These characterisations will yield information, which can be compared directly against the acceptance criteria for the landfill category in question and can also provide information of a descriptive nature. 

In the following cases, basic characterisation tests are not required: all the information required for basic characterisation is known and duly justified to the satisfaction of the Public Waste Agency of Flanders.


Article 5.2.5.2.3. On-site verification

§ 1.

A visual inspection must be made of every load of dredging spoil delivered to a landfill, both before and after unloading. The required documentation is also checked.

 

If the waste producer disposes of dredging spoil in a landfill which falls under his/her own management, this verification may be made at the point of dispatch.

 

§ 2.

The dredging spoil may be accepted at the landfill if it is the same as that on which the basic characterisation is founded and if it is described in the accompanying documentation. If this condition is not met, the dredging spoil may not be accepted.

 

§ 3.

Samples are periodically taken upon delivery of the waste. These samples are stored for a period of one month after acceptance of the waste.


Subsection 5.2.5.3.
Dredging spoil acceptance criteria


Article 5.2.5.3.1.

This subsection describes the criteria for accepting dredging spoil at all categories of landfill.

 

In some cases, a maximum of three times the limit value is tolerated for the specific parameters specified in this Subsection, on condition that the following two conditions are met:

this is stipulated in the waste-specific licence for the receiving landfill, which takes into account the characteristics of the landfill and its environment;

a risk analysis shows that emissions (including leachate) from the landfill, taking into account the limit values set in this section for these specific parameters, do not constitute an added risk to the environment.

 

The permission provided, of a maximum three times the limit values specified in the second paragraph, does not apply for:

Dissolved Organic Carbon (DOC) specified in Article 5.2.5.3.2, § 2, and in Article 5.2.5.3.3;

Total Organic Carbon (TOC), specified in Article 5.2.5.3.3;

pH, specified in Article 5.2.5.3.3;

Loss on Ignition (LOI), specified in Article 5.2.5.3.3.


Article 5.2.5.3.2. Criteria for mono-landfills for non-dangerous dredging spoil

Translation not available

Article 5.2.5.3.3. Criteria relating to dredging spoil acceptable at mono-landfills for hazardous dredging spoil

Translation not available

Subsection 5.2.5.4.
Work plan


Article 5.2.5.4.1.

The general operating plan for the mono-landfill must provide the following additional information:

installation plan of the landfill to include:

a)

filling, levelling and profile plan;

b)

construction and implementation of the drainage systems and protective layers (sizes and materials used);

c)

for raised landfills: construction of the landfill embankments (dimensions and materials used);

d)

construction and implementation of the base layer and protective layers (materials used);

division of the available landfill area into cells;

the filling sequence in terms of time and space during normal delivery of dredging spoil and the method used in times of abnormally large loads of dredging spoil;

the method of filling and sealing;

the thickness of the dredging spoil layer before application of intermediate cover and cap;

the length of the working face;

organisation of the supply and storage of covering materials;

the drainage plan comprising the scheme and organisation of measures relating to the treatment of leachate water;

the location and size of the leachate water treatment installation and the operating scheme by which the relevant discharge standards can be met;

10°

measures to ensure the stability of the landfilled dredging spoil, covering materials and soil cover;

11°

the gas drainage plan comprising the scheme and organisation of measures relating to treatment of the released landfill gas;

12°

the covering plan comprising the final profiles and construction and implementation of the sealing layer and cap;

13°

the drainage plan for the finished site.

 

The work plan must have the approval of the supervisory authority. The approved work plan is monitored by the supervisor.

 


Subsection 5.2.5.5.
Installation, infrastructure and completion of the landfill


Article 5.2.5.5.1. Translation not available

Article 5.2.5.5.2. Translation not available

Article 5.2.5.5.3. Translation not available

Article 5.2.5.5.4. Translation not available

Article 5.2.5.5.5. Translation not available

Subsection 5.2.5.6.
Operation, closure and after-care


Article 5.2.5.6.1. Translation not available

Article 5.2.5.6.2. Translation not available

Article 5.2.5.6.3.

§ 1.

In the case of a mono-landfill, the after-care period is at least 30 years. The after-care period commences on the date of the official report in which the supervisory authority acknowledges definitive closure of the mono-landfill. The licensing authority can extend the after-care period at the request of the supervisory authority or the Public Waste Agency of Flanders, or on the basis of the trend in groundwater quality, the behaviour of the landfill, settlement, leachate or landfill gas production, or other occurrences or events with a harmful effect on the environment.

 

§ 2.

The after-care activities involve at least the following points:

the upkeep and maintenance of the following infrastructure: the fencing and gates; the roads on the finished site;

management of the vegetation;

regular checks of the condition of the covering layers, embankments and slopes with a view to identifying settlement or erosion and carrying out any repairs if necessary;

preservation and maintenance of the drainage systems, including pumping off and purifying any leachate still produced;

preservation, maintenance and operation of the gas drainage infrastructure, including the flare stack;

preservation and maintenance of the groundwater monitoring wells including carrying out the checks and measurements specified in the licence;

the annual reporting specified in the licence.

 

 

§ 3.

During the process of final closure of the landfill, the operator submits an after-care plan for approval. The after-care plan must include at least the following points:

a schedule for carrying out the checks and measurements imposed by the licence;

a operating plan for the after-care activities specified in §2.

 

§ 4.

The after-care plan is subject to approval by the Public Waste Agency of Flanders as regards all checks and measurements of groundwater, and by the supervisory authority as regards all other points.

 

§ 5.

The approved after-care plan is included in the official report in which the supervisory authority acknowledges definitive closure of the landfill.

 

§ 6.

Should adverse environmental effects be discovered as a result of the after-care activities, the operator immediately informs the supervisory authority and the Public Waste Agency of Flanders of this. He/she also states the nature and timing of all corrective measures proposed. These measures, which are at the expense of the operator, are subject to approval by the Public Waste Agency of Flanders as regards groundwater, and by the supervisory authority as regards other aspects. The Public Waste Agency of Flanders can order that the proposed (and if applicable modified) measures be carried out at the operator's expense, should the operator fail to carry them out or contract another party to carry them out within the term specified.


Article 5.2.5.6.4. Water, leachate and gas checks

Sampling of leachate and surface water if present is collected at representative points. The leachate is sampled and measured (volume and composition) separately at each point where it leaks out of the landfill site. Any surface water present is checked at at least two points, one upstream and one downstream from the landfill site.

 

Gas checks must be representative for each section of the landfill.

 

For leachate and water, a sample, representative of the average composition, is taken for monitoring.

 

If leachate is collected, the leachate water is sampled according to the frequency given in the table below and analysed by a laboratory recognised in the discipline of water, sub-area waste water as specified in Article 6, 5°, a), 1) of VLAREL. The discharge of treated leachate is sampled and analysed at least once a month. These checks (sampling and analysis) continue throughout the after-care period as long as the site is still producing leachate. The analyses to be made include at least the general quality parameters for groundwater (temperature, pH, conductivity, normal cations and anions), complemented by the relevant pollution parameters (heavy metals, organic substances) set down on the basis of the composition of the waste materials deposited. The list of parameters to be determined in the analyses is approved by the Public Waste Agency of Flanders.

 

At landfills where active degassing takes place, the composition of the landfill gas is determined according to the intervals given in the table below.

 

operation phase

after-care phase

quantity of leachate

monthly(1), (3)

half-yearly(3)

leachate composition(2)

quarterly(3)

half-yearly

quantity and composition of the surface water(7)

quarterly(3)

half-yearly

potential gas emissions and atmospheric pressure(4) (CH4, CO2, O2, H2S, H2, etc.)

monthly(1), (5)

half-yearly(6)

(1) The frequency of sampling can be adjusted on the basis of the morphology of the landfill waste: in tumulus, buried, etc.

This must be specified in the licence.

(2) The parameters to be measured and the substances to be analysed vary according to the composition of the landfill waste. They are specified in the licence and reflect the leaching characteristics of the waste materials.

(3) If it appears from the evaluation of the data that longer intervals are equally effective, these intervals can be adjusted. The conductivity of leachates is measured at least once a year.

(4) These measurements are related mainly to the organic matter content of the waste materials.

(5) CH4, CO2, O2 are checked regularly, the other gases as required, depending on the composition of the landfill waste, the aim being to reflect the leaching characteristics.

(6) The efficiency of the gas collection system is checked regularly.

(7) On the basis of the characteristics of the deposit area, the competent body may determine that these measurements are not required.

 

With a view to drawing up a water balance, the following data are collected either by making measurements at the landfill site itself or at the nearest meteorological station:

 

operation phase

after-care phase

precipitation rate

daily

daily values, added up to monthly values

temperature (min. max., 2 p.m. MET)

daily

monthly average

prevailing wind direction and force

daily

not required

lysimeter evaporation(1)

daily

daily values, added up to monthly averages

humidity (2 p.m. MET)

daily

monthly average

(1) or using another appropriate method


Subsection 5.2.5.7.
Financial guarantee


Article 5.2.5.7.1. Translation not available

Article 5.2.5.7.2.

The Public Waste Agency of Flanders may claim a financial guarantee provided in the manner specified in subparagraphs 2 up to and including 5.

 

At the reasoned request of the supervisory authority recording the non-compliance with the operating conditions or on the basis of its own observations, the Public Waste Agency of Flanders gives notice of default to the operator by registered letter. In the notice of default, the measures the operator is expected to take and also the term for their implementation are laid down. A copy of the notice of default is sent to the provider of the financial security by registered letter.

 

If the operator fails to commit in writing to implementing the required measures promptly within a period of one month, or if the operator fails to adhere to the designated schedule, the Public Waste Agency of Flanders may decide to implement the necessary measures ex officio.

 

The decision to proceed to ex officio implementation of the measures is communicated by registered letter to the operator of the landfill, to the provider of the financial security and to the supervisory authority.

 

Before proceeding to the implementation of the necessary measures, the Public Waste Agency of Flanders presents the approved scheme (which includes a cost estimate, implementation and financing plans for the work) to the provider of the financial security. The provider of the financial security guarantees the payment of the invoices submitted by the Public Waste Agency of Flanders and is responsible for their payment.


Section 5.2.6.
Waste from extractive industries


Article 5.2.6.0.1.

§ 1.

The provisions of this section apply to the installations specified in section 2.3.11 of the classification list.

 

§ 2.

Article 5.2.1.6, Article 5.2.6.5.1, §3, Article 5.2.6.6.1, Article 5.2.6.7.1, §4, and Article 5.2.6.8.1 are not applicable to inert waste and waste from the extraction, treatment and storage of peat, unless disposed of in a category A waste establishment.

 

Article 5.2.6.5.1, §3, Article 5.2.6.6.1, §3 and §4, Article 5.2.6.7.1, §4 and Article 5.2.6.8.1 are not applicable to non-dangerous non-inert waste, unless disposed of in a category A waste establishment.


Subsection 5.2.6.1.
General regulation


Article 5.2.6.1.1. The necessary measures must be taken to ensure that extraction waste is managed without endangering human health and without using processes or methods that could harm the environment, and in particular without risk to water, air, soil and fauna and flora, without causing a nuisance through noise or odours, and without adversely affecting the landscape or areas of special value. The necessary measures must also be taken to prohibit abandonment or the uncontrolled discharge or disposal of extraction waste.

Subsection 5.2.6.2.
Waste management plan


Article 5.2.6.2.1. Translation not available

Subsection 5.2.6.3.
Prevention of major accidents


Article 5.2.6.3.1. The provisions of this subsection apply solely to category A waste establishments, with the exception of those establishments falling under the scope of the cooperation agreement of 21 June 1999, amended by the cooperation agreement of 1 June 2006, between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning management of major accident dangers in which dangerous substances are involved.

Article 5.2.6.3.2.

§ 1.

Without prejudice to the applicability of the existing regulations on the safety and protection of employees in the extractive industries, the fulfilment of the obligations according to this Article must ensure that major accident dangers are identified and that the necessary elements are incorporated in the design, construction, operation, maintenance, closure and follow-up of the closure of the waste establishment in order to prevent such accidents and limit their adverse consequences for human health or the environment, including transboundary consequences.

 

§ 2.

Without prejudice to the applicability of § 1, each operator must, before the start of operations, draw up a major accident prevention policy for the management of extraction waste and put into effect a safety management system implementing it, in accordance with the elements specified in point 1 of Appendix 5.2.6.2. He/she also puts into effect an internal emergency plan specifying the measures that must be taken on site in the event of an accident. As part of that policy, the operator appoints a safety manager who is responsible for the implementation and periodic supervision of the major accident prevention policy.

 

 

The internal emergency plans are available for perusal by the supervisor.

 

 

The operator puts the internal emergency plan into effect immediately when:

-

a major accident occurs, or

-

an unmanageable occurrence, of such a nature that it can be reasonably assumed to lead to a major accident, takes place.

 

§ 3.

The emergency plan specified in § 1 has the following objectives:

 

to avoid and control major accidents and other incidents to the greatest possible extent so as to limit their effects to a minimum, and in particular to limit damage to human health and the environment;

to implement the measures necessary to protect human health and the environment from the effects of major accidents and other incidents;

to provide the necessary information to the public concerned (public that experiences or will probably experience the consequences of the decision to issue a licence or alter or extend the licensing conditions or is an interested party therein. For the purposes of this definition, non-governmental organisations that promote environmental protection and meet the requirements of national law are regarded as interested parties and to the services or authorities concerned in the area; 

provide for the rehabilitation, restoration and clean-up of the environment following a major accident.

 

§ 4.

In the event of a major accident, the operator immediately provides the competent mayor, the emergency services concerned, the competent authority, appointed by the federal government, in charge of civil safety, and the division competent for environmental enforcement with all information required to limit to a minimum its consequences for human health and to assess and limit to a minimum the extent of the actual or potential environmental damage.


Subsection 5.2.6.4.
Excavation voids


Article 5.2.6.4.1.

When extraction waste is replaced in the excavation voids for rehabilitation and construction purposes, whether created through surface or underground excavation, appropriate measures must be taken to:

secure the stability of the extraction waste in accordance, mutatis mutandis, with Article 5.2.6.5.1, §1 and §2;

prevent the pollution of soil, surface water and groundwater in accordance, mutatis mutandis, with Article 5.2.6.7.1, §1 and §3;

ensure the monitoring of the extraction waste and the excavation void in accordance, mutatis mutandis, with Article 5.2.6.6.1, §3.


Subsection 5.2.6.5.
Construction and management of waste establishments


Article 5.2.6.5.1.

§ 1.

When constructing a new waste establishment or modifying an existing waste establishment, the operator ensures that:

 

the waste establishment is suitably located, taking into account in particular the obligations in European or national legislation relating to protected areas and geological, hydrological, seismic and geotechnical factors, and is designed so as to meet the necessary conditions for preventing, in the short and long-terms, pollution of the soil, air, groundwater or surface water, taking into account in particular the provisions of this Order and the provisions of the Decree of 18 July 2003 relating to integral water policy and its implementing orders, and ensuring efficient collection of polluted water and leachate as and when required according to the licence, and reducing erosion caused by water or wind insofar as it is technically possible and economically viable; 

the waste establishment is suitably constructed, managed and maintained to ensure its physical stability and to prevent, in the short and long-terms, pollution or pollution of soil, air, surface water or groundwater as well as to limit to a minimum the damage to landscape as much as is possible;

there are suitable plans and arrangements for periodic monitoring and inspection of the waste establishment by competent persons and for taking action in the event of results indicating instability or water or soil pollution;

suitable arrangements are made for the rehabilitation of the site and the closure of the waste establishment;

suitable arrangements are made for the phase after closure of the waste establishment.

 

§ 2.

Records of the monitoring and inspections specified in § 1, 3° are kept, together with the licence documentation.

 

§ 3.

The operator notifies, without undue delay and in any event at the latest by 48 hours thereafter, the division competent for environmental enforcement and the division competent for natural resources of any events likely to affect the stability of the establishment as well as of any significant adverse environmental effects revealed by the checking and monitoring procedures of the waste establishment. The operator implements the internal emergency plan, where applicable, and follows any other instructions from the supervisory authority as to the corrective measures to be taken.

 

The operator bears the costs of the measures to be undertaken.

 

The operator reports to the division competent for environmental enforcement and the division competent for natural resources, once every year, on the basis of aggregated data, all monitoring results for the purposes of demonstrating compliance with the licensing regulations and to increase the knowledge of waste and waste establishment behaviour. On the basis of this report, the competent authority can decide that validation by an independent expert is necessary.


Subsection 5.2.6.6.
Procedures for the closure and the phase after the closure of waste establishments


Article 5.2.6.6.1. Translation not available

Subsection 5.2.6.7.
Prevention of the deterioration of the water status, air and soil pollution


Article 5.2.6.7.1. Translation not available

Subsection 5.2.6.8.
Financial guarantee


Article 5.2.6.8.1.

§ 1.

Prior to the commencement of any operations involving the accumulation or deposit of waste in a waste establishment, there is a requirement that a financial guarantee is provided for the Public Waste Agency of Flanders as specified in Article 5.2.4.7.1, so that: 

 

all obligations that follow from the licence, including after-closure provisions, are complied with;

there are funds readily available at any given time for the rehabilitation of the site affected by the waste establishment, as described in the waste management plan prepared pursuant to subsection 5.2.6.2 and required according to the licence.

 

§ 2.

In accordance with Article 5.2.4.7.2., the Public Waste Agency of Flanders can lay claim to the financial guarantee specified in § 1.

 

§ 3.

The calculation of the financial guarantee specified in § 1 is made on the basis of:

 

the probable environmental impact of the waste establishment. In particular, the category of the establishment, the characteristics of the waste and future use of the rehabilitated site are taken into account;

the assumption that independent and thoroughly qualified third parties will assess and perform the necessary rehabilitation work.

 

§ 4.

The size of the guarantee is periodically adjusted depending on each rehabilitation work that must be carried out on the site affected by the waste establishment, as described in the waste management plan prepared pursuant to subsection 5.2.6.2 and required by the licence.

 

§ 5.

If the authorities specified in Article 5.2.6.6.1, § 2 approve the closure, they provide the Public Waste Agency of Flanders with a written statement enabling the Public Waste Agency of Flanders to release the operator from the guarantee obligation specified in § 1, with the exception of the obligations relating to the phase after closure of the waste establishment in accordance with Article 5.2.6.6.1, § 3.


Subsection 5.2.6.9.
Inspections by the competent authority


Article 5.2.6.9.1.

§ 1.

Prior to the commencement of disposal operations and annually thereafter, including during the phase after the closure, the division competent for environmental enforcement and the division competent for natural resources inspect any waste establishment for which section 2.3.1.1. is applicable, in order to ensure that it complies with the relevant regulations of the licence. An affirmative finding in no way reduces the responsibility of the operator under the regulations of the licence.

 

§ 2.

The operator keeps up-to-date dossiers of all waste management activities and makes them available for perusal by the supervisory authority. In the event of a change of operator during the management of a waste establishment, there must be an appropriate transfer of relevant, up-to-date information and dossiers relating to the establishment.


Subsection 5.2.6.10.
Transitional provisions


Article 5.2.6.10.1.

§ 1.

A waste establishment which has been granted a licence, or which is already in operation on 1 May 2008, must comply with the provisions of this section at the latest on 1 May 2012, except for those waste establishments meant in Article 5.2.6.8.1, § 1, which must comply with the provisions of this section at the latest on 1 May 2014, and the establishments meant in Article 5.2.6.7.1, § 4, which must comply with the provisions of this section within the timetable laid down therein.

 

§ 2.

§ 1 is not applicable to waste establishments that are closed on 1 May 2008.

 

§ 3.

Article 5.2.6.2.1, Article 5.2.6.3.2, § 2, § 3 and § 4, Article 5.2.6.6.1, § 1, and Article 5.2.6.8, § 1, § 3 and § 4, are not applicable to waste establishments which stopped accepting waste before 1 May 2006 or which are rounding off closure procedures in accordance with applicable community or national legislation or under programmes approved by the Public Waste Agency of Flanders, and which will definitively close at the latest on 31 December 2010.


Section 5.2.7.
Animal burial grounds


Article 5.2.7.1. Without prejudice to the Animal By-products Regulation (EC) No 1069/2009 and its implementing Regulation (EC) No 142/2011, this section applies to the establishments meant in section 2.3.12 of the classification list.

Article 5.2.7.2.

The soil material must not adversely affect the process of decomposition of the cadavers. Clay soils and heavy clay soils, very dry soils, extremely wet soils and oxygen-deficient soils are not suitable for animal burial grounds.

 

A cadaver of a pet animal is buried at least sixty centimetres above the level of the average highest groundwater level.

 

An animal burial ground is not established in a protection zone of a groundwater abstraction area.

 

By way of derogation from the general conditions for the processing of waste materials, no weighbridge is required. Article 5.2.1.5, §1 and §2 do not apply to animal burial grounds.


Article 5.2.7.3.

Cadavers containing a battery-powered implant are not buried until the battery has been removed.

 

Cadavers that are embalmed or have been the subject of thanatopraxy are not buried.

 

If cadavers are buried in a cadaver covering, that cadaver covering meets the conditions described in the Order of the Government of Flanders of 21 October 2005 specifying the conditions which coffins or other corpse coverings must meet.

 

When burying cadavers, no toxic or non-biodegradable substances are buried with them.

 

Cadavers are buried at least 60 cm apart. A maximum of three cadavers are buried on top of each other, provided that at least one layer of soil at least 30 cm thick is placed above each cadaver. On top of the uppermost cadaver there is a layer of soil at least 65 cm thick.

 

A cadaver is buried for at least ten years. The operator is responsible for removing or processing disinterred and non-decomposed remains.

 

Animal burial grounds where animals are no longer buried are left in their present condition for at least ten years following the last burial.

 

The operator informs the licensing authority of the cessation of activities. 


Chapter 5.3.
THE DISCHARGE OF WASTE WATER AND COOLING WATER


Article 5.3.0.1. The provisions of this chapter apply to the establishments meant in section 3 of the classification list.

Section 5.3.1.
Urban waste waster


Article 5.3.1.1. Without prejudice to the general conditions for the discharge of waste water in public sewers and artificial rainwater drains laid down in chapters 4.2. and 7.2., for the discharge of urban waste water into a collection system that is not connected to a waste water treatment installation, no specific emission limit values apply.

Article 5.3.1.2.

Waste water treatment installations as meant in subsection 3.6. of the classification list must be designed, adapted, built, operated and maintained in such a way:

that they can continue operating in a satisfactory way under all normal local weather conditions; during the design of the installations, seasonal fluctuations in load should be taken into account;

that representative samples can be taken of the wastewater influent and of the effluent waters after treatment and before discharge into the receiving surface water.


Article 5.3.1.3. Translation not available

Article 5.3.1.4.

§ 1.

If possible the treated waste water must be reused.

 

§ 2.

If possible, the sludge originating from the treatment of waste water is reused. Without prejudice to the provisions of the Decree of 23 December 2011 concerning the sustainable management of material cycles and waste materials and its implementing orders, the discharge paths must be such that any harmful consequences for the environment are kept to a minimum. The processing and disposal of the sludge must take place in accordance with the provisions of sections 5.2.2.4. or 5.2.2.5. of this decision.

 

§ 3.

Deposition and washing of the sludge originating from the treatment of waste water in surface water is prohibited. The removal of sludge to surface waters by dumping it from ships, by discharging it through pipelines or in any other way is also prohibited.


Section 5.3.2.
Industrial waste waters


Article 5.3.2.1.

§ 1.

The regulations specified in § 2 apply to the discharges into surface water of industrial waste water originating from installations of one or more of the following industrial sectors, representing a biodegradable organic load of at least 4,000 population equivalents (p.e.):

production of alcohol and alcoholic beverages;

production and bottling of soft drinks;

breweries;

malthouses;

manufacture of animal feed from vegetable products;

manufacture of gelatine and glue on the basis of hides and bones;

manufacture of products on the basis of vegetables and fruit;

processing of potatoes;

fish processing industry;

10°

meat industry;

11°

dairy industry.

 

§ 2.

At the latest on 31 December 2000, all biodegradable industrial waste water originating from an installation as meant in the first subparagraph must, before its discharge in the receiving surface water, at least be treated in a waste water treatment installation of the secondary type. During this treatment the minimum reductions as compared to the influent load - prescribed in Article 5.3.1.3. and appendix 5.3.1. - are observed, without prejudice to the emission limit values imposed in these regulations.

 

Other effective measures than those prescribed in the first paragraph may be taken, on condition that such measures guarantee an equivalent or better quality of the discharged waste water.


Article 5.3.2.2.

If industrial waste water is discharged in public sewers, before its discharge in a collection system or in a waste water treatment installation for urban waste water (and without prejudice to the emission limit values imposed by these regulations), the waste water must at least undergo a pretreatment as required to:

protect the health of staff working in the collection systems and the waste water treatment installations;

ensure that no damage is caused to the collecting system, the waste water treatment installation and the relevant equipment;

ensure that the working of the waste water treatment installation and the sludge treatment are not impeded;

ensure that discharges from the sewage treatment installations do not adversely affect the environment or prevent the receiving waters from meeting the environmental quality objectives prescribed in these regulations;

ensure that sludge can be removed safely and in an environmentally sound way.


Article 5.3.2.3.

§ 1.

If possible, the treated waste water must be reused.

 

§ 2.

If possible, the sludge originating from the treatment of waste water is reused. Without prejudice to the provisions of the Decree of 23 December 2011 concerning the sustainable management of material cycles and waste materials and its implementing orders, the discharge paths must be such that any harmful consequences for the environment are kept to a minimum. The processing and disposal of the sludge must take place in accordance with the provisions of chapter 5.2. of these regulations.

 

§ 3.

The deposition of the sludge originating from the treatment of waste water in surface water is prohibited.


Article 5.3.2.4. Translation not available

Chapter 5.4.
COATINGS (PAINTS, VARNISHES, INKS, ENAMELS, METAL POWDERS AND SIMILAR PRODUCTS, STRIPPERS AND MORDANTS), COLOURANTS AND PIGMENTS


Section 5.4.1.
General provisions


Article 5.4.1.1. The provisions of this chapter apply to establishments as meant in sections 4 and 21 of the classification list, as further specified in the sections below. The provisions of this chapter are not applicable to drying installations that form an integral part of a spraying booth and that have as sole purpose the activation of the drying process, with the temperature of the object never exceeding 100°C.

Article 5.4.1.2.

§ 1.

It is prohibited to operate an establishment as meant in Article 5.4.1.1., which is wholly or partly located:

in a water abstraction area or a type I, II or III protected zone;

in an area other than an industrial zone.

 

§ 2.

It is prohibited to operate an establishment as meant in Article 5.4.1.1., of which the buildings and/or storage areas are located at a distance of less than 50 m from:

a residential area;

parkland;

a recreation area.

 

§ 3.

The prohibitions of §1 and §2 do not apply to existing establishments or parts of them.

 

§ 4.

The prohibitions of §1 and §2 also do not apply to the establishments classified in category 3 as meant in subsection 4.3 of the classification list.

 

§ 5.

The prohibitions specified in paragraphs 1 and 2 do not apply to the establishments specified in section 4.4 of the classification list that are intended exclusively for didactic and recreational purposes.

 

 

§ 6.

The prohibitions specified in paragraphs 1, 2° and 2 do not apply to the establishments specified in section 4.4 of the classification list that are intended for curing powder coatings in muffle furnaces.


Article 5.4.1.3. Translation not available

Article 5.4.1.4.

§ 1.

The operator of an establishment in which the pigments, paints or other coatings as meant in Article 5.4.1.3., § 2 are produced, used and/or stored must keep a register in which at least the following information is indicated:

information relating to the products manufactured or which have been brought into the installation: for each type of pigment, paint or other coating as meant in Article 5.4.1.3., § 2, the quantity, expressed as kilograms or tonnes, that is manufactured at or brought into the establishment;

information relating to storage: for each type of pigment, paint or other coating as meant in Article 5.4.1.3., § 2, the indication of the place where these products are stored at the establishment, and the relevant quantity expressed as kilograms or tonnes;

information relating to removal from the installation: per type of pigment, paint or other coating as meant in Article 5.4.1.3., § 2:

a)

the quantity processed at the establishment itself;

b)

the name of the person to whom the product was delivered, the delivery date, the invoice number and the quantity delivered.

 

 

§ 2.

The register meant in § 1 is kept available on-site for the supervisor for a period of at least 3 years.


Article 5.4.1.5. Translation not available

Article 5.4.1.6.

§ 1.

At the establishment the necessary intervention materials, such as absorption materials, oversize drums, protective resources, etc. must be present so that a prompt intervention can be made in the case of leaks, faulty packing, spillages and other incidents in order to limit the possible harmful consequences to the greatest possible extent.

 

 

§ 2.

Installations for the production of lacquers, paints, printing inks and/or pigments, for the preparation and/or the application of coatings as well as for the thermal treatment of coated objects must be located in a space that is completely separated from the storage areas by fireproof walls. The floor of this room must be equipped with a collection channel and one or more collection wells. The floor, the collection channel and the collection wells must be made of a material that is both impermeable and chemically inert regarding the substances they may come into contact with.

 

§ 3.

 

The overall collection system for the installation as a whole, the separate collection facilities for the compartmentalised storage, the bunds, the compartments for bulk waste materials, the tanks' overflows or safety outlets, as well as the storage building for flammable liquids of danger category 1, flammable solids of danger category 1, flammable gases of danger category 1 and liquids and solids identified by the GHS03 danger pictogram according to the CLP Regulation may in no way be connected directly to a public sewer, a groundwater layer, a surface water or a reservoir for surface water.

 

§ 4.

The collection wells and the separate collection facilities of the compartmentalised storage must be emptied regularly and at least after each incident. The resulting waste flows must be disposed of in an appropriate manner.


Article 5.4.1.7. It is prohibited to store liquids or solids identified by the GHS02 danger pictogram according to the CLP Regulation in any location where temperatures may exceed 40°C as a result of heat generated by technological means.

Section 5.4.2.
The production of lacquers, paints, printing inks, colourants and/or pigments


Article 5.4.2.1. The provisions of this section apply to the establishments as meant in subsections 4.1., 21.1. and 21.2. of the classification list.

Article 5.4.2.2.

§ 1.

The whole installation must be designed and properly maintained in such a way that leaks of substances and products as well as emissions of pollutants into the ambient air are prevented to the greatest possible extent.

 

§ 2.

The necessary measures must be taken to prevent the formation of electrostatic charges. To this end in particular all metal parts of the installations, of the dust extractor and of the storage tanks as well as of the loading and unloading facilities must be earthed.

 

§ 3.

If liquids or solids identified by the GHS02 danger pictogram according to the CLP Regulation are used or produced:

the rooms where the installations for the production of lacquers, paints, printing inks and/or pigments are located may only be heated by means of appliances of which the location and use offer sufficient guarantees against any danger of fire or explosion;

buckets filled with dry sand or fire extinguishers in good condition must be placed near the work stations and the exits of the rooms meant in point 1°;

the escape doors of the rooms meant in point 1° must open to the outside and passages must be kept free of all obstacles;

in the rooms meant in point 1° a quantity of raw materials and manufactured products may be stored which corresponds to at most one day's requirements or production;

no work may be carried out in the rooms meant in point 1° for which use is required of any appliance that works with naked flame or which may generate sparks;

smoking is prohibited in the rooms meant in point 1°; this smoking ban must be indicated in clearly readable letters on the outside of the entrance doors and inside the rooms in question;

the stacks and the discharge pipework for the extracted vapours and mists must be made of non-flammable materials.


Article 5.4.2.3.

§ 1.

Vapours, mists and waste gases are collected where they originate and where necessary removed to a waste gas treatment installation.

 

§ 2.

If a tank is filled manually with solids through a filling opening or a manhole, the tank is fitted with an external local extraction system.

 

For establishments licensed before 1 January 2012, the requirements specified in this paragraph apply from 1 January 2015.

 

§ 3.

The following emission limit values apply to the discharged waste gases:

Parameter

Emission limit value in mg/Nm³

total dust

10.0

organic substances expressed as total organic carbon

100.0

Sb + Pb + Cr + Cu + Mn + V + Sn

5.0


Article 5.4.2.3bis. Translation not available

Article 5.4.2.4.

Without prejudice to the prohibitions of Article 5.4.1.3., § 2, the manufacture of white lead is subject to the following conditions:

the lead must be melted in a separate room that is only used for this purpose; the melting activities must be performed only underneath a mechanical extractor hood which extracts vapours and mists to a filter installation; during the drawing off of the molten lead the opening in this extractor hood must be restricted to what is strictly necessary for the performance of the activity; this opening must further be kept completely closed to the greatest possible extent;

the necessary measures must be taken to prevent the removal of the grates or the plates from generating any dust whatsoever; if necessary, these grates, plates or any manure bed will be sufficiently moistened;

manual dusting down, stripping and screening is prohibited; from the stripping of the grates until after the end of the crushing with water, the white lead must be handled completely mechanically;

the white lead cakes must be crushed mechanically and the crushing, grinding and bolting machines must be placed in such a way that the white lead is moved from one machine to the next automatically; these machines must be placed in a separate room that is only used for this purpose; all stripping or crushing machines that are not immersed in water as well as the grinding and bolting machines must be equipped with tightly closed metal housings that are connected to a sufficiently powerful dust extractor, installed in such a way that any emissions of lead-containing dust are extracted to a filter installation; the above-mentioned machines may only be opened after the complete settling of the powdery dust;

the packaging of dry white lead may only be performed mechanically and must be performed in such a way that no dust whatsoever can escape;

the white lead powder may only be fed into the feed hopper of the flattening machine with oil mechanically, in such a way that no dust whatsoever can be generated; this feed hopper must be equipped with a housing that is connected to a dust extractor which in turn is connected to a filter installation;

the mixing of the dry lead with the oil as well as the first crushing actions must be carried out with the machine completely closed; the white lead dough must be supplied from this machine to the various flattening rollers automatically.


Article 5.4.2.5.

§ 1.

Without prejudice to the prohibitions of Article 5.4.1.3. § 2, the manufacture of lead oxides (massicot, litharge, red lead) is subject to the following conditions:

the necessary precautionary measures are taken to prevent vapours or substances from being released into the environment during the stirring or the removing from the furnace; in particular to this end synthetic extractor hoods are installed above the furnace doors, which draw off the pollutants to a filter installation;

the pulverisation and the bolting must take place in appliances closed airtight, which may only be opened after the complete settling of the powdery dust;

during the pouring, filling of drums, compressing and any other processing, the necessary precautions must be taken to completely prevent any raising of dust.

 

§ 2.

Without prejudice to the prohibitions of Article 5.4.1.3. § 2, the manufacture of lead chromate and paints containing lead chromate is subject to the following conditions:
the pulverisation, bolting, compressing and packaging must take place in appliances closed airtight, which may only be opened after the complete settling of the powdery dust.

 

§ 3.

Without prejudice to the prohibitions of Article 5.4.1.3. § 2, the manufacture of lead arsenate is subject to the following conditions:

the corrosive liquids must be transported and poured mechanically;

the drums and receptacles used for the reactions and the treatments must be made of a material that cannot be corroded or otherwise affected by the substances used;

the pulverisation, bolting, compression, packaging and all other treatments of the raw materials or of the manufactured product must be carried out in such a way that no dust can spread in the environment.

 


Section 5.4.3.
Application of coatings


Subsection 5.4.3.1.
General provisions


Article 5.4.3.1.1. Translation not available

Article 5.4.3.1.2. Translation not available

Article 5.4.3.1.3. Translation not available

Article 5.4.3.1.4. Translation not available

Subsection 5.4.3.2.
Vehicle spraying


Article 5.4.3.2.1. The provisions of this subsection apply subject to application of the provisions of Subsection 5.4.3.1 and Chapter 5.59. They apply to the establishments specified in subsection 59.3, 2° of the classification list. They are also applicable to the establishments meant in subsection 4.3, provided the activity "application of a coating on vehicles or parts thereof as part of the process of repairing, protecting or decorating vehicles outside the factory" is carried out at that location. The provisions of this subsection do not apply if the spraying activities relate directly to the production of new vehicles at the same establishment.

Article 5.4.3.2.2.

§ 1.

All activities that may give rise to the emission of odours, smoke or dust must be carried out inside a building. During these activities the windows and doors of the building are closed.

 

§ 2.

All emissions to the air, with the exception of steam or water vapour, must be colourless and without visible mist or droplets.

 

§ 3.

All spraying work must be carried out in a spraying booth. This is a completely enclosed area in which the extracted air is removed to the outside via dust filters and which is constructed in such a way that vehicles can be sprayed under controlled conditions.

 

§ 4.

By way of derogation from paragraph 3, primers may be sprayed in a pre-treatment area if the base coats still have to be sanded and the spray job is confined to a single component per vehicle. The pre-treatment area in which the spraying activities take place is designed in such a way that the spread of paint particles and solvents is avoided. This is achieved by means of the following, whereby the extracted air is conducted outside through dust filters:

 

separation from the rest of the workspace, by means of curtains, for example, or an open booth;

extraction within the separate zone, thereby creating an under-pressure, which prevents the spread of dust and solvents to the rest of the working area.

 

§ 5.

If the spraying booth is equipped with an active carbon filter:

the waste gases originating when spraying in the pre-treatment space must be taken to an active carbon filter;

the filter must be replaced or regenerated often enough to guarantee its good operation.

 

§ 6.

In the case of faults in or the breakdown of the installation or equipment that can lead to abnormal emissions, the activities must be immediately discontinued. The activities are only resumed if normal operation can again be guaranteed.

 

§ 7.

All staff carrying out spraying work must be provided with the necessary training, as well as all instructions regarding their obligations relating to checking the installation and the emissions into the air.


Article 5.4.3.2.3. Translation not available

Article 5.4.3.2.4.

§ 1.

All spraying work must take place with appliances with an application efficiency of at least 65%. During spraying the air supply is set so that a pressure of 70 kPa at the air cap of the spray gun is not exceeded. Each establishment has a measuring appliance to be able to measure the pressure.

 

Other spraying equipment may be used if it can be demonstrated that coatings can be applied with an application efficiency of at least 65%.

 

§ 2.

When cleaning spraying guns and installations a recipient must always be used to collect the rinsed residues. If organic solvents are used during this process, cleaning must always take place in a fully closed automatic cleaning device or in another cleaning machine with equal or lower emissions.

 

§ 3.

 

The testing of spray guns and test spraying after cleaning must take place in a cleaning machine with an extractor, or in a separate space also provided with an extractor.

 

A recipient must also be used to collect the sprayed coating or cleaning agents.

 

§ 4.

Receptacles containing solvent-containing products or waste must be kept well sealed. Cleaning cloths soaked with organic solvents must be kept in closed containers after use.

 

§ 5.

 Wash primers based on organic solvents may only be used if they are required for the adhesion of consecutive coats on bare metals, aluminium, zinc plate or galvanised metals. The use of such wash primers must be restricted to at most 5 volume percent of all coatings, with the exception of when pickling primer is applied as the first coat on aluminium and with the exception of vehicles with a weight greater than 3.5 tonnes.

 


Article 5.4.3.2.5. The activity "application of a coating on vehicles or parts thereof as part of the process of repairing, protecting or decorating vehicles outside the factory" is subject to Article 5.4.3.2.3, § 4, but only as of 1 January 2010.

Section 5.4.4.
Thermal treatment of coated objects


Article 5.4.4.1. The provisions of this section apply to the establishments as meant in subsection 4.4 of the classification list.

Article 5.4.4.2. Translation not available

Chapter 5.5.
Pesticides


Section 5.5.1.
General provisions


Article 5.5.1.1.

§ 1.

This section applies to the establishments meant in section 5 of the classification list.


Article 5.5.1.2. Translation not available

Article 5.5.1.3. Translation not available

Article 5.5.1.4. Translation not available

Article 5.5.1.5. Translation not available

Article 5.5.1.6. Translation not available

Article 5.5.1.7.

§ 1.

It is prohibited to store products identified by the GHS02 danger pictogram according to the CLP Regulation in any location at the establishment where temperatures may exceed 40°C as a result of heat generated by technological means.

 

§ 2.

The rooms may only be heated by means of appliances of which the location and use offer sufficient guarantees against any danger of fire or explosion. A smoking ban applies in the rooms and no work may be carried out for which the use is required of an appliance that works with naked flame or which may generate sparks, with the exception of maintenance and/or repair work, on condition that the necessary precautions have been taken in this regard. This smoking ban is indicated in clearly readable letters or with the regulatory pictograms on the outside of the entrance doors and inside the rooms in question.


Section 5.5.2.
Establishments for the storage and treatment of residual liquids, and establishments for the cleaning of equipment, with the exception of portable spraying equipment for the application of plant protection products belonging to an establishment for the storage and treatment of residual liquids


Article 5.5.2.1. This section applies to the establishments meant in sections 2.3.2, f), 2.3.3, b) and 5.6 of the classification list.

Article 5.5.2.2. Equipment for the application of plant protection products can only be permitted into the establishment once it has been cleaned in the field in the most effective manner according to a code of good practice.

Article 5.5.2.3.

§ 1.

Locations at the site where residual liquids may be spilled are provided with an impervious floor or trap in such a way that spilled residual liquids cannot pollute the soil itself, groundwater or surface water. This floor or trap is equipped with a leakproof drainage system.

 

§ 2.

The treatment and storage areas for residual liquids and purified liquid are constructed such that they are leakproof.

 

§ 3.

The construction materials used are chemically inert regarding the residual liquids with which they may come into contact.

 

§ 4.

The cleaning points are organised in such a way that cleaning can be carried out with care and the origination of mists is minimised or avoided.

 

§ 5.

After each use, the cleaning point is cleaned so that no polluted rainwater is produced. Non-polluted rainwater is removed separately via a control well from which a scoop sample can easily be taken.

 

§ 6.

Except for non-polluted rainwater, the following are prohibited: overflows or diversion channels to surface water, a public sewer, an artificial drainage channel for rainwater or direct or indirect discharge into the groundwater.


Article 5.5.2.4.

§ 1.

If the residual liquids in the establishment are biologically purified, the purified liquids are collected for reuse and not discharged.

 

If the residual liquids or the purified liquids cannot be reused in the establishment, they are removed and treated in accordance with the regulations.

 

§ 2.

In the case of physicochemical purification, the solid residues are removed and treated in accordance with the regulations.


Article 5.5.2.5.

The operator keeps a register of use (separately or in combination with another register) in which the data can be linked to the sprayings carried out and the plant protection products used. The following information is noted in that register, together with the date:

the quantity of residual liquids to be treated;

the quantity of stored and reused purified liquids and their destination;

in the case of biological treatment, the quantity and removal method of the substrate;

in the case of physicochemical treatment, the quantity and removal method of the solid residues;

the identification and description of an irregularity and the remedial measures taken.


Chapter 5.6.
Fuels and flammable liquids


Section 5.6.1.
Flammable liquids


Subsection 5.6.1.1.
General provisions


Article 5.6.1.1.1.

§ 1.

This section applies to the storage facilities for flammable liquids as classified in section 6.4 of the classification list.

 

§ 2.

Short-term storage in connection with transport by road, rail, inland waterways, by sea or by air, including the loading and unloading and the transfer to or from another form of transport in ports, on quays or in railway yards is not subject to the regulations of this order.

 

However, if the liquids specified in this order are stored in storage facilities located in ports, along quays or in railway yards and if these storage facilities are intended for the regular short-term storage of such liquids, then these storage facilities are subject to the regulations of this order.


Article 5.6.1.1.2. Translation not available

Article 5.6.1.1.3. Translation not available

Article 5.6.1.1.4. Translation not available

Article 5.6.1.1.5.

§ 1.

The rooms where flammable liquids are stored may only be heated by means of appliances of which the location and use offer sufficient guarantees against the risk of fire.

 

§ 2.

In spaces where flammable liquids are stored:

no work may be carried out for which use is required of an appliance that works with naked flame or which may generate sparks, with the exception of maintenance or repair work, on condition that the necessary precautions have been taken and subject to instructions in writing being drawn up or initialled by the prevention adviser or by the operator;

a smoking ban applies; this smoking ban is indicated in clearly readable letters or with the regulatory pictograms on the outside of the entrance doors and inside the rooms in question; the obligation to post the prescribed "no smoking" pictogram does not apply if this pictogram is posted at the entrance to the enterprise and if the ban on smoking and open fire applies for the whole of the enterprise;

the stacks and the discharge pipework for the extracted vapours and mists are made of non-flammable or self-extinguishing materials.

 

§ 3.

It is prohibited:

to smoke, light a fire or store flammable substances above or near the containers, near the pumps, the pipework, the dispensers, the filling areas and the unloading site for road tankers, within the bounds of the zoned locations as shown in the zoning plan, and demarcated according to the General Regulation on Electrical Equipment (AREI);

to wear shoes or clothing that may cause sparkover in the places that are not accessible to the public;

 

 

§ 4.

The prohibitions specified in paragraph 3 are clarified by means of regulatory safety pictograms, where these are available


Article 5.6.1.1.6.

§ 1.

Electrical installations, systems and lighting meet the requirements of the Regulations on Well-being at Work and the General Regulation on Electrical Equipment (AREI), in particular the Articles concerned with spaces where an explosive atmosphere can occur.

 

§ 2.

Without prejudice to the regulatory provisions, in zones where there is danger of fire and explosion because of the chance presence of an explosive mixture, electrical installations are designed and installed according to the conditions of a zoning plan.

 

§ 3.

Regarding installations for which the General Regulation on Electrical Equipment (AREI) is not as yet applicable, the zoning takes place in accordance with the provisions of Article 105 of this General Regulation.


Article 5.6.1.1.7.

§ 1.

The operator of an establishment classified in class 1 keeps a register or an alternative data medium in which at least the nature and quantities of the flammable liquids stored are recorded.

 

This information is stored in such a way that it is possible at all times to determine the quantities of flammable liquids present in the enterprise.

 

§ 2.

The register or alternative data medium specified in paragraph 1 is kept available on site for the supervisor for a period of at least 1 month.


Article 5.6.1.1.8.

Staff employed at the establishment are aware of the nature of the flammable liquids stored and the dangers involved, and of the measures to be taken when irregularities occur.

 

The operator must be able to prove that he/she has provided up-to-date instructions as required to this end.

 

These instructions are evaluated by the operator at least once per year.


Article 5.6.1.1.9.

 

 

§ 1.

Measures are taken to ensure an effective supervision of the different spaces and storage facilities at the establishment.

 

§ 2.

The buildings, containers, bunds, appliances, etc., are kept in perfectly maintained condition. Any fault or defect that may jeopardise the protection of man and the environment must be remedied immediately.


Article 5.6.1.1.10.

Regarding the filling of fixed containers and road tankers the following regulations apply:

 

1° 

the necessary measures are taken to prevent spillages of flammable liquids and pollution of the soil, groundwater and surface water; 

the flexible hose used for the filling is connected to the opening of the container or the conduit by means of a device with screw coupling or an equivalent system;

each filling operation is performed under the supervision of the operator or his/her appointee; this supervision is organised in such a way that the filling operation can be monitored and that immediate action can be taken in the event of an incident.

to prevent overfilling, all fixed containers are equipped with an overfilling protection, which may be:

 

a)

either a warning system, giving an acoustic signal which the supplier must always be able to hear in the filling area and which informs the supplier that the container to be filled is 95% full; this system may be mechanical or electronic;

 

b)

a safety system which automatically shuts off the product flow as soon as the container to be filled is at maximum 98% full; this system may be mechanical or electronic; 

in the case of storage facilities that are part of a fuel distribution facility for motor vehicles, the safety system specified in b) is provided;  

5° 

all containers are equipped with the possibility to measure the level;

the filling position for the road tanker, the zones where the nozzles of the filling pipes are grouped and the filling zones at the distribution installation are always located on the premises of the establishment and:

 

a)

provide sufficient strength of ground and are impervious; 

 

b)

are equipped with the necessary gradients and possibly also with upright edges, to ensure that all spilt liquids drain to a collection system; the elimination of collected liquids is effected in accordance with regulatory provisions, in particular those relating to the disposal of waste materials;

This point does not apply to storage facilities intended exclusively for the heating of buildings.  

Furthermore, this point does not apply to storage facilities for flammable liquids classified in class 3;

adequate measures are taken to maintain storage at atmospheric pressure;

The underground ventilation and vapour recovery pipework meets the same requirements as the other pipework; the ventilation pipework installed above ground also possesses sufficient mechanical strength;

it is prohibited to fill a container with a liquid other than the one for which the container was designed, except following inspection by an environmental expert in the discipline of containers for gases or dangerous substances or by a recognised expert proving that the container in question is suitable for such other liquid.


Article 5.6.1.1.11.

The overfilling protection described in appendix 5.17.7 must be manufactured in accordance with a code of good practice accepted by an environmental expert in the discipline of containers for gases or dangerous substances.

 

The check of the construction is performed in accordance with the selected code of good practice by an environmental expert in the discipline of containers for gases or dangerous substances.

 

The check of the construction for overfilling protection devices manufactured in series may be limited to a single approval of the prototype. The approval of the prototype is performed by one of the above-mentioned environmental experts according to the procedure of appendix 5.17.7. The report on the approval specifies the checks carried out and is signed by the above-mentioned expert.

 

For each overfilling protection, the operator possesses a certificate signed by the constructor. This certificate specifies the number of the prototype approval certificate and the name of the environmental expert who issued the test certificate (and his/her recognition number). The constructor also confirms in the certificate that the overfilling protection has been built and checked in accordance with this order.


Article 5.6.1.1.12. As regards the construction certificates, inspections and tests prescribed in this section, the operator has certificates in which the codes of good practice applied, the checks carried out and the relevant observations are clearly indicated. He/she keeps the certificates concerned at the disposal of the supervisor at all times.

Article 5.6.1.1.13. Without prejudice to the provisions of this chapter, the transport, installation and connection of containers is performed according to the prevailing Belgian or European standards.

Subsection 5.6.1.2.
Storage of flammable liquids in fixed underground containers.


Article 5.6.1.2.1.

§ 1.

The necessary measures are taken to give maximum protection to the containers against mechanical damage and corrosion.

 

§ 2.

The distance between the container and the boundaries of the plots of third parties is at least 3 metres. The distance between the container and the basement rooms of the enterprise's own buildings is at least 2 metres. The distance between the container and the walls of the enterprise's own buildings parties is at least 0.75 metres. The distance between the containers themselves is at least 0.5 metres.

 

The distance between containers for flammable liquids that do not form part of a distribution facility and the boundaries of the plots of third parties is at least 1 metre.

 

§ 3.

In the event of possible flooding or high water levels, the necessary provisions are installed to prevent empty containers from being floated upwards.


Article 5.6.1.2.2.

§ 1.

A notice is provided in a clearly visible place by the container in accordance with the provisions of appendix 5.17.2.

 

§ 2.

The following information is displayed clearly and in a readable manner near the filling opening and near the manhole:

the number of the container;

the name or the code numbers or letters of the stored flammable liquid;

the water content capacity of the container.

   

This paragraph does not apply to storage facilities for flammable liquids intended exclusively for the heating of buildings.


Article 5.6.1.2.3.

§ 1.

The venting pipe opens into the open air at least 3 metres above ground level and at least 3 metres from each opening in a space and the boundaries of the plots of third parties.

 

Outlets of venting pipes may not be located under construction parts such as roof overhangs.

 

§ 2.

Paragraph 1 is not applicable to venting pipes belonging to storage sites for flammable liquids that do not form part of a fuel distribution facility for motor vehicles. For these storage sites it is ensured that the installation and the height of the outlet of the venting pipe does not cause excessive nuisance to the vicinity, particularly as a result of the filling of the containers.


Article 5.6.1.2.4. Translation not available

Article 5.6.1.2.5. Translation not available

Article 5.6.1.2.6.

§ 1.

The building is inspected in accordance with appendix 5.17.2.

 

The check of separately constructed containers is done by an environmental expert recognised in the discipline of containers for gases or dangerous substances, or by a competent expert.

 

The check of containers installed in series may be limited to one prototype. The approval of the prototype is given by an environmental expert in the discipline of containers for gases or dangerous substances, of which the recognition allows the approval of prototypes.

 

The report on this approval specifies the checks carried out and is signed by the above-mentioned expert.

 

§ 2.

For each container, the operator has a "declaration of conformity of the container", signed by the constructor and made out in accordance with the model form in appendix 5.17.2.

The containers bear the identification plate applied by the constructor.


Article 5.6.1.2.7.

Before the installation of the container, either directly in the ground or in a trench, it is checked whether the container and where appropriate also the trench meet the conditions of this order.

 

After installation but before the commissioning of the container, it is checked whether the container, the pipework and the accessories, overfilling warning or safety system, the leak detection system and, where appropriate, the cathodic protection and the provisions for vapour recovery comply with the regulations of this order.

 

The specified checks are carried out under the supervision of an environmental expert in the discipline of containers for gases or dangerous substances, or a competent expert, or, for the storage of flammable liquids intended for the heating of buildings, a recognised technician. The monitoring of any cathodic protection takes place in collaboration with an environmental expert in the discipline of soil corrosion.


Article 5.6.1.2.8. Translation not available

Article 5.6.1.2.9.

Following the inspections described in Article 5.6.1.2.7 with the installation and/or the periodic investigations specified in Article 5.6.1.2.8, the expert or the recognised fuel oil technician draws up a certificate from which it unambiguously appears whether or not the container and the installation comply with the conditions of this order. The above-mentioned conformity certificate also specifies the name and the recognition number of the expert or recognised technician who carried out the inspection.

 

The latter affixes a clearly visible and readable sticker or plate to the filling pipe, which shows its recognition number, the year and the month of either the check upon installation or the last check carried out, and when the following check is to take place.

 

The sticker or plate has the following colour:

green, when the container and the installation comply with this Order;

orange, when the container and the installation do not comply with this Order, but the faults determined cannot cause pollution outside the container;

red, when the container and the installation do not comply with this Order and the faults determined could cause or have caused pollution outside the container or if, following a period of not more than six months with an orange label or plate, the same faults are again determined on the container and the installation.

 


Article 5.6.1.2.10.

Containers of which the filler pipe is provided with a green sticker or plate as specified in Article 5.6.1.2.9 may be filled, replenished and operated.

 

Containers of which the filler pipe is provided with an orange sticker or plate specified in Article 5.6.1.2.9, may be filled or replenished and operated during a transitional period of a maximum of 6 months starting on the first day of the month following the month specified on the orange sticker or plate. In this case a new check takes place before the expiry of the above-mentioned term.

 

The awarding of an orange sticker or plate is a one-time issue for the faults observed, i.e. the orange identification sticker or plate is followed by a green or red sticker, depending on whether or not the faults previously observed satisfy the requirements of the provisions of these regulations.

 

By way of derogation from subparagraph 2, this 6-month transitional period may be extended in exceptional circumstances by the expert or accredited technician for measures that cannot be implemented within the six months. In this case, the measures and deadlines are laid down in writing. The expert or accredited technician monitors the implementation of the measures and decides whether more frequent interim inspections of the container concerned and the installation are required. If, after the transitional period, the faults initially observed have not been remedied, the container or installation is given a red sticker or plate.

 

It is prohibited to fill or allow the filling of containers whose filler hoses are fitted with the red sticker or plate specified in Article 5.6.1.2.9. The operator takes all the necessary measures to return the storage installation to good condition in accordance with the certificate from the recognised environmental expert or fuel oil technician, after which the storage installation is re-inspected. Within fourteen days of the affixing of a red sticker or plate, the operator or, at his/her request, the recognised environmental expert, notifies the division of the Flanders Environment Agency competent for groundwater.

 

It is also prohibited to fill or allow the filling of containers whose filler hoses are not fitted with a sticker or plate specified in Article 5.6.1.2.9.


Article 5.6.1.2.11. Translation not available

Article 5.6.1.2.12. Translation not available

Article 5.6.1.2.13.

§ 1.

If leaks are observed, the operator takes all measures required to avoid the danger of explosion and limit further soil and groundwater pollution to the greatest possible extent.

 

§ 2.

After professional repairs the container may only be brought back into use if it has passed a leak-tightness test as specified in Article 5.6.1.2.8 and a certificate has been issued by an environmental expert in the discipline of containers for gases or dangerous substances, or by a competent expert, or, for the storage of flammable liquids intended for the heating of buildings, by a recognised fuel oil technician. From this certificate it must clearly appear that the container and the installation comply with the regulations of this order.

 

§ 3.

If containers are permanently decommissioned, whether or not because of leaks, within 36 months the container is emptied, cleaned and removed without prejudice to the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials.

 

If it is materially impossible to remove the container, within the same term, after consultation with an environmental expert in the discipline of containers for gases or dangerous substances, with a competent expert or, for the storage of flammable liquids intended for the heating of buildings, with a recognised fuel oil technician, the container is emptied, cleaned and filled with sand, foam or an equivalent inert material. The necessary measures relating to explosion safety and the prevention of groundwater pollution are be taken.

From 1 June 2015, when the container is decommissioned the expert or the recognised fuel oil technician prepares a certificate clearly showing that the decommissioning was performed according to the highest professional standards. This certificate also specifies the name and the recognition number of the expert or the recognised fuel oil technician.


Subsection 5.6.1.3.
Storage of flammable liquids in aboveground containers


Article 5.6.1.3.1. Translation not available

Article 5.6.1.3.2. Fixed containers are built according to the provisions of appendix 5.17.2.

Article 5.6.1.3.3.

§ 1.

The check of the construction of fixed containers takes place in accordance with the provisions of appendix 5.17.2.

 

The check of separately constructed containers is done by an environmental expert in the discipline of containers for gases or dangerous substances, or by a competent expert.

 

The check of containers installed in series may be limited to one prototype; the approval of the prototype is given by an environmental expert in the discipline of containers for gases or dangerous substances, of which the recognition allows the approval of prototypes.

 

 

The report on this approval specifies the checks carried out and is signed by the above-mentioned expert.

 

 

§ 2.

For each container, the operator is in possession of a "declaration of conformity of the container", signed by the constructor and made out in accordance with the model form in appendix 5.17.2.

 

The containers bear the identification plate applied by the constructor.


Article 5.6.1.3.4.

Before the installation of the fixed container it is checked that the container and the foundations meet the regulations of this order.

 

After installation, but before the commissioning of the container, it is checked whether the container, the pipework and the accessories, the overfilling warning or safety system, the bund and the fire-fighting resources, and where appropriate, the leak detection system and the provisions for vapour recovery comply with the regulations of this order.

 

The specified checks are carried out under the supervision of an environmental expert in the discipline of containers for gases or dangerous substances, or a competent expert, or, for the storage of flammable liquids intended for the heating of buildings, a recognised fuel oil technician.


Article 5.6.1.3.5.

§ 1.

An identification plate is applied to fixed containers in a visible and easily accessible place in accordance with appendix 5.17.2.

 

§ 2.

The following indications are applied near the filling opening and in a clearly visible place on the fixed container:

the number of the container;

the name or the code numbers or letters of the stored flammable liquid;

the water content capacity of the container.

 

This paragraph does not apply to storage facilities for flammable liquids intended exclusively for the heating of buildings.


Article 5.6.1.3.6.

§ 1.

The bund and the foundations for fixed containers with an individual water content capacity from 10,000 l are built according to a code of good practice under the supervision of and according to the directions of an architect, a civil engineering architect, a civil structural engineer or an industrial architectural engineer.

 

For storage sites of class 1 or 2, the above-mentioned expert confirms in a certificate that he/she accepts the code of good practice used and that this was adhered to.

 

§ 2.

Fixed containers must be placed on a supporting block or surface of sufficient dimensions to prevent the load causing uneven points of subsidence, which could result in a danger of toppling or breakage. For the installation of containers with an individual water content capacity from 50,000 l, a stability study is carried out by the expert specified in paragraph 1.

 

§ 3.

The bund is resistant to the action of the stored liquids and is impervious. The bund is sufficiently strong to withstand the liquid mass which could escape in the event of the breakage of the largest container placed in the bund.

 

The floor is provided in such a way that the spreading of the leaked liquids remains minimal and the leaked liquids can be easily removed.

 

§ 4.

If the bund is made of earthen dams, these dams are made of a very clayey, solid and strongly compressed earth, of which the gradients are a maximum of 4/4 and the thickness on the top side is at least 50 centimetres. The floor may be made of the same materials. The dams are sown with grass. At the base, carefully calculated supporting walls with a maximum height of one metre may be constructed.

 

§ 5.

The passage of pipework through the bund is only allowed if the sealing of the bund remains assured.

 

§ 6.

If the bund is more than 30 metres wide, the escape ladders or stairs are positioned so that a person fleeing does not have to travel a distance greater than half the width of the bund plus 15 metres to reach an escape ladder or stairs.


Article 5.6.1.3.7.

§ 1.

For storage sites in fixed containers or mobile receptacles located inside a water abstraction area or protection zone, the minimum capacity of the bund is equal to the total water content capacity of all containers or receptacles placed therein.

 

§ 2.

For storage sites in fixed containers located outside a water abstraction area or protection zone, the minimum capacity of the bund must be capable of containing the water content capacity of the largest container. Double-walled containers equipped with a permanent leak detection system do not need to be taken into account.

 

However, if a risk analysis by the operator shows that products in a stored state possess a sufficiently high dynamic viscosity (such as extra heavy fuel oil), an upright edge suffices.

 

When flammable liquids are stored together with dangerous liquids classified in section 17 in a single bund, the strictest conditions are complied with.

 

§ 3.

 

For storage sites located outside a water abstraction area or protection zone for flammable liquids in mobile receptacles, the capacity of the bund may be restricted to 10% of the total water content capacity of the receptacles stored therein. In each case the capacity of the bund is at least equal to the capacity of the largest receptacle placed in the bund.


Article 5.6.1.3.8. Translation not available

Article 5.6.1.3.9.

§ 1.

The construction of all spaces for the processing of flammable liquids is provided in such a way that accidentally spilt substances or leaked liquids can be collected.

 

§ 2.

The contents of a leaking container are immediately loaded or pumped into a different suitable container. Spilt liquids are immediately localised and placed in a drum for this purpose. At the establishment the necessary intervention materials for this, such as absorption and neutralisation materials, oversize drums, protective resources, etc. are present so that a prompt intervention can be made in the case of leaks, faulty packing, spillages and other incidents in order to limit the possible harmful consequences to the greatest possible extent.

 

§ 3.

The collection system and the collection wells are regularly emptied, and at least after each incident. The waste material flows obtained are disposed of in an appropriate manner.


Article 5.6.1.3.10.

All necessary measures are taken to regularly remove any rainwater that may enter the bund.

 

Before the rainwater is removed, the operator ensures there is none of the stored product present in the water. If the water contains stored products, he/she takes all the necessary measures to prevent pollution of soil, groundwater or surface water.


Article 5.6.1.3.11. Translation not available

Article 5.6.1.3.12.

The accessibility of the tank farm is conceived in such a way that:

traffic in the zones where a reasonable danger of fire and explosion exists is kept to a minimum;

the tank farm has easy access;

there is easy access for the intervention material.

vehicles with which products are taken away or delivered are, during loading or unloading, to the extent technically possible, located at a loading/unloading place with larger dimensions than an ordinary road lane.


Article 5.6.1.3.13.

§ 1.

The operator of a tank farm keeps a file at appropriate places at the establishment for the authorised fire brigade, with at least the following information:

a map of the tank farm and the access roads;

a description of the fire-fighting resources with their indication on a map;

a description of the products stored with the main physical and chemical properties (danger cards) and, where applicable, indicating the classification according to the CLP Regulation, the UN number and the ADR code;

the water content capacity of the containers;

the composition of any establishment's own fire service.

    

Any other equivalent manner of providing information is allowed, providing the consent of the supervisor and of the authorised fire brigade has been given.


Article 5.6.1.3.14. Translation not available

Article 5.6.1.3.15.

Following the examinations described in Article 5.6.1.3.4, upon the installation or the periodic examinations specified in Article 5.6.1.3.14, the experts or the recognised fuel oil technician draw(s) up a certificate from which it unambiguously appears whether or not the installation complies with the regulations of this Order. The above-mentioned certificate also specifies the name and the recognition number of the expert or recognised fuel oil technician who carried out the examination.

 

Except in the case of a tank farm, a clearly visible and readable sticker or plate is affixed to or near the filling pipe, which shows its recognition number, the year and the month of either the check upon installation or the last check carried out, and when the following check is to take place.

 

The sticker or plate has the following colour:

green, when the container and the installation comply with these regulations; 

orange, when the container and the installation do not comply with this Order, but the faults determined cannot cause pollution outside the container;

red, when the container and the installation do not comply with this Order and the faults determined could cause or have caused pollution outside the container or if, following a period of not more than six months with an orange label or plate, the same faults are again determined on the container and the installation.


Article 5.6.1.3.16.

Only containers of which the filler pipe is provided with a green sticker or plate as specified in Article 5.17.2.9, may be filled, replenished and operated.

 

Containers of which the filler pipe is provided with an orange sticker or plate specified in Article 5.17.3.17, third paragraph, 2°, may still be filled or replenished for a transitional period of a maximum of six months. This period starts on the first day of the month following the month specified on the relative orange sticker or plate. In this case a new check takes place before the expiry of the above-mentioned term.

 

The awarding of an orange sticker or plate is a one-time issue for the faults observed, i.e. the orange identification sticker or plate is followed by a green or red sticker, depending on whether or not the faults previously observed satisfy the requirements of the provisions of these regulations.

 

By way of derogation from subparagraph 2, this 6-month transitional period may be extended in exceptional circumstances by the expert or accredited technician for measures that cannot be implemented within the six months. In this case, the measures and deadlines are laid down in writing. The expert or accredited technician monitors the implementation of the measures and decides whether more frequent interim inspections of the container concerned and the installation are required. If, after the transitional period, the faults initially observed have not been remedied, the container or installation is given a red sticker or plate.

 

It is prohibited to fill or allow the filling of containers whose filler hoses are fitted with the red sticker or plate specified in Article 5.6.1.3.15. The operator must take all the necessary measures to return the storage installation to good condition in accordance with the certificate from the recognised environmental expert, authorised expert or fuel oil technician, after which the storage installation must be re-inspected. Within fourteen days of the affixing of a red sticker or plate, the operator or, at his/her request, the recognised environmental expert, authorised expert or fuel oil technician notifies the division of the Flanders Environment Agency competent for groundwater.

 

It is also prohibited to fill or allow the filling of containers whose filler hoses are not fitted with a sticker or plate specified in Article 5.6.1.3.15.


Article 5.6.1.3.17. Translation not available

Article 5.6.1.3.18. Translation not available

Article 5.6.1.3.19.

§ 1.

If leaks are observed, the operator takes all the measures required to avoid the danger of explosion and limit further soil and groundwater pollution to the greatest possible extent.

 

§ 2.

After professional repairs, the container may only be brought back into use if a certificate has been issued by an environmental expert in the discipline of containers for gases or dangerous substances, or by a competent expert, or, for the storage of flammable liquids intended for the heating of buildings, by a recognised fuel oil technician. From this certificate it must clearly appear that the container and the installation comply with the regulations of this order.

 

§ 3.

If containers are permanently decommissioned, whether or not because of leaks, within 36 months the container is emptied, cleaned and removed without prejudice to the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials.

 

If it is materially impossible to remove the container, within the same term, after consultation with an environmental expert in the discipline of containers for gases or dangerous substances, with a competent expert, or, for the storage of flammable liquids intended for the heating of buildings, with a recognised fuel oil technician, the container is emptied and cleaned and the necessary measures taken to protect against explosion and avoid soil and groundwater pollution.

 

From 1 June 2015, when the container is decommissioned the expert or the recognised fuel oil technician prepares a certificate clearly showing that the decommissioning was performed according to the highest professional standards. This certificate also specifies the name and the recognition number of the expert or the recognised fuel oil technician.


Section 5.6.2.
Fuel distribution installations for motor vehicles


Subsection 5.6.2.1.
General provisions


Article 5.6.2.1.1. Translation not available

Article 5.6.2.1.2.

Without prejudice to the provisions of this order, the necessary measures are taken to prevent the spillage of liquid fuels and pollution of the soil, groundwater and surface water.

 

In the case of an incident, effective measures are immediately taken to prevent the spreading of liquid fuels.


Article 5.6.2.1.3.

§ 1.

Electrical installations, systems and lighting meet the requirements of the Regulations on Well-being at Work and the General Regulation on Electrical Equipment (AREI), in particular the Articles concerned with spaces where an explosive atmosphere can occur. These installations can be manually stopped from a safe and always easily accessible place.

 

§ 2.

If a dispenser for LPG is located less than 3 metres from petrol and diesel pumps and petrol and diesel dispensing units, the electrical installations of the petrol and diesel pumps and units meet the conditions specified in Article 5.16.4.4.5.

 

§ 3.

It is prohibited to fill an LPG container and a diesel or petrol container at the same time from the same filling station.


Article 5.6.2.1.4. The filling of any vehicle whatsoever may only take place after the engines of this vehicle have been switched off.

Article 5.6.2.1.5.

§ 1.

Fuelling places for motor vehicles for dangerous liquids of group 1 are always in the open air and on the premises of the establishment. The floor of the above-mentioned parking place is impervious and sufficiently supporting. This floor is provided with the necessary gradients and possible raised edges to ensure that any spilled flammable fuels run off to a collector and are removed in accordance with regulatory provisions.

 

No trenches, crawl spaces or rooms may be present under the above-mentioned filling position. 

 

§ 2.

The provisions of paragraph 1 do not apply to "in-line" or "assembly line" systems at vehicle assembly plants where newly assembled vehicles are filled with fuel for the first time. Without prejudice to other legal or regulatory provisions in this matter, the operator takes the necessary protective measures to prevent the risks of fire, explosion and pollution. When filled with fuel, motor vehicles are positioned above a bund to prevent the spread of fire and pollution of the soil or groundwater.


Article 5.6.2.1.6.

Each fixed container that forms part of a dispensing installation for the filling of motor vehicles is equipped with its own filler pipe.

 

The filling point for dangerous liquids of group 1:

is at a horizontal projection at least 2 m from the edge of the container for dangerous liquids of group 1;

is not in a closed or open building;

is located at least 3 m from any basement space and from the boundaries of the plots of third parties.




Subsection 5.6.2.2.
Control of the emission of volatile organic compounds (VOC) during distribution of petrol


Article 5.6.2.2.1.

§ 1.

Without prejudice to the other provisions of this order, the dispensing installations for petrol meet the technical conditions of appendix 5.17.9, §4.

 

§ 2.

The provisions of this Article are not applicable to distribution installations with a throughput of less than 100 m³ per year.


Article 5.6.2.2.2. The operator keeps a register containing the throughput figures. This register is kept at the disposal of the supervisor.

Subsection 5.6.2.3.
Stage II vapour recovery


Article 5.6.2.3.1. This subsection provides for the implementation of Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on stage II petrol vapour recovery during refuelling of motor vehicles at fuel stations.

Article 5.6.2.3.2.

§ 1.

This subsection applies to the filling stations of the establishments specified in subsection 6.5 of the classification list.

 

§ 2.

If the actual or scheduled petrol flow rate does not exceed 100 m³/year, the operator keeps evidence of this available for perusal by the supervisor.

 

§ 3.

Articles 5.6.2.3.3 up to and including 5.6.2.3.8 apply if the actual or scheduled petrol flow rate exceeds 100 m³/year.

 

§ 4.

Articles 5.6.2.3.3 up to and including 5.6.2.3.8 do not apply to the filling stations of establishments that are only used in connection with the manufacture and delivery of new motor vehicles.

 

For the filling stations specified in subparagraph 1, the total emissions released into the atmosphere during filling may not exceed 5 g C per litre of petrol filled. The operator demonstrates that this emission limit value is not exceeded.

 

If post-treatment equipment is used to achieve this emission limit value, at the latest three months from the date of commissioning and thereafter at least once a year a laboratory recognised in the discipline of air draws up a report in which the results of the measurements carried out to determine the average carbon emissions of vapours are discussed and tested against the above-mentioned emission limit value. The maximum interval between two check measurements is 15 months.


Article 5.6.2.3.3.

§ 1.

Petrol is supplied to motor vehicles through a stage II petrol vapour recovery system.

 

§ 2.

An active stage II petrol vapour recovery system as specified in appendix 5.6.2 is used, or another equivalent system if the environmental licence so permits.

 

§ 3.

The petrol vapour collection efficiency is at least 85%.

 

By way of derogation from subparagraph 1, a minimum efficiency of 75% applies to petrol vapour recovery systems of existing filling stations of which the vacuum pump or the control valve has not been replaced on or after 1 January 2012. For existing establishments with an actual or scheduled flow rate of more than 3,000 m³/year, this derogation applies up to and including 30 December 2018. The derogation does not apply to existing filling stations extensively renovated on or after 1 January 2012.

 

§ 4.

The vapour-petrol ratio is at least 0.95 and not more than 1.05.

 

§ 5.

The vapour return lines meet the provisions of Article 5.6.1.1.3. They slope sufficiently that the condensate formed runs to the container.

 

§ 6.

The nozzles collect the vapours from the fuel tank as effectively as possible.

 

The stage II petrol vapour recovery system is free from cracks, holes and other flaws.

 

§ 7.

Components used in the system may not lead to the occurrence of fires or explosions of the recovered petrol vapours.

 

The stage II vapour return and the subsequent stage I vapour return include effective, flame-resistant provisions in the appropriate places.

 

§ 8.

The venting system for the petrol storage tanks is physically separated from the venting system for the diesel fuel storage tanks.

 

Measures are taken to prevent emissions resulting from the operation of the stage II vapour recovery system when the petrol storage tanks are being refilled.

 

§ 9.

In a filling station equipped with a stage II petrol vapour recovery system, a sign, sticker or other notice is placed on or near the petrol pump to make consumers aware of this fact.


Article 5.6.2.3.4.

§ 1.

The stage II petrol vapour recovery system is certified by the manufacturer in accordance with standard EN 16321-1:2013.

 

By way of derogation from subparagraph 1, the stage II petrol vapour recovery system is certified by the manufacturer in accordance with the TÜV inspection method for petrol vapour recovery systems or in accordance with other relevant European technical standards or type approval procedures for petrol vapour recovery systems of existing filling stations certified before 1 September 2015.

 

The certificate of each petrol vapour recovery system explicitly specifies the minimum efficiency specified in Article 5.6.2.3.3, §3.

 

By way of derogation from subparagraph 3, the explicit mention of the efficiency is not required for petrol vapour recovery systems with a minimum petrol collection efficiency of 75% as specified in Article 5.6.2.3.3, §3, subparagraph 2, if the recognised expert can deduce that percentage from the information on the certificate. If the certificate does not include a specific efficiency, the authorised expert notes the minimum efficiency of the petrol vapour recovery system in a certificate as specified in Article 5.6.2.3.6, §3, at the latest by the next limited inspection.

 

§ 2.

Prior to initial commissioning and upon each significant change to the stage II petrol vapour recovery system, the technical conditions specified in Article 5.6.2.3.3 are checked. This initial check includes verification of whether the system was installed correctly.

 

§ 3.

Once a calendar year, without the period between two consecutive measurements exceeding fifteen months, the compliance of the vapour-petrol ratio of the stage II petrol vapour recovery system with the vapour-petrol ratio stated in Article 5.6.2.3.3, §4 is measured in accordance with standard EN 16321-2:2013. The first measurement is carried out at the latest on 31 December 2012.

 

By way of derogation from subparagraph 1, for filling stations with a flow rate of less than 500 m³/year, the measurement of the vapour-petrol ratio may be replaced every two years by the test described in appendix 5.6.3, point 6. The first measurement is carried out at the latest on 31 December 2012 or at the latest two years after the previous measurement.

 

By way of derogation from subparagraph 1, the vapour-petrol ratio is measured every three years if the petrol vapour recovery system is equipped with an automatic monitoring system. The first measurement is carried out at the latest on 31 December 2012 or at the latest three years after the previous measurement.

 

§ 4.

In addition to the measurement specified in paragraph 3, for filling stations with an actual or scheduled flow rate of more than 3,000 m³ the activity of all pumps of the stage II petrol vapour recovery system is tested twice a year, in accordance with the procedure specified in appendix 5.6.3, point 6. The maximum interval between two check tests is 2 months. The first test is carried out at the latest on 31 August 2012.

 

The test frequency specified in subparagraph 1 may be derogated from in accordance with appendix 5.6.3, point 6.

 

§ 5.

The results of the rests specified in appendix 5.6.3, point 6, as well as the date on which the tests are carried out, are noted in the report of the environmental coordinator specified in Article 4.1.9.1.3, §3.


Article 5.6.2.3.5.

Simultaneously with the storage tanks to Shich the system is connected, the stage II vapour recovery system is subject to periodical limited examinations and general examinations. Stage II petrol vapour recovery systems connected to storage tanks made of reinforced thermoset synthetic materials are subject to a general inspection at least every 15 years.

 

If relevant, the limited examinations includes:

 examination of the latest certificates as specified in Article 5.6.2.3.6, §3;

 an examination of the good condition of the installation and of the external visible parts of the stage II petrol vapour recovery system;

 the perusal of the report specified in Article 5.6.2.3.4, §5;

 a check of the conformity of the system and its storage tanks with the certificate, according to the procedure specified in appendix 5.6.3, point 1.

 

The general examination includes the examinations of the limited examination specified in subparagraph 2, as well as the leak-tightness test of the non-accessible single-walled vapour return lines.


Article 5.6.2.3.6.

§ 1.

The initial check, the general examinations and limited examinations, the measurements and tests specified in Article 5.6.2.3.4, paragraphs 2 up to and including 5 and in Article 5.6.2.3.5 are carried out by an environmental expert in the discipline of containers for gases or dangerous substances, or by a competent expert.

 

By way of derogation from subparagraph 1, the test specified in appendix 5.6.3, point 6 may be carried out by the environmental coordinator or by the operator in the presence of the environmental coordinator.

 

§ 2.

Faults or malfunctions in the stage II petrol vapour recovery system are repaired by or under the supervision of the recognised or authorised expert within five working days of being identified. If this period is overrun, the pump is shut down until the repairs have been carried out.

 

§ 3.

For each check specified in Article 5.6.2.3.4, paragraphs 2 and 3 and Article 5.6.2.3.5, where appropriate including the test specified in appendix 5.6.3, point 6, the expert produces a certificate that clearly shows whether the stage II petrol vapour recovery system meets the conditions of the regulations.

 

The certificates specified in subparagraph 1 contain the following information:

the findings of the examinations and measurements carried out; 

the recognition number of the expert who drew up the certificate;

the name and signature of the expert who drew up the certificate.


Article 5.6.2.3.7. It is prohibited to operate a filling station that is located immediately below a building or the vertical projection of a building.

Article 5.6.2.3.8. Translation not available

Section 5.6.3.
Storage depots

[...]


Article 5.6.3.1. [...]

Chapter 5.7.
CHEMICALS


Section 5.7.1.
General provisions


Article 5.7.1.1.

§ 1.

The provisions of this chapter apply to the establishments meant in section 7 of the classification list.

 

§ 2.

The substances falling within the scope of the regulations relating to dangerous substances, in particular the provisions of chapter 5.17., may only be brought into, stored at, used at and removed from the establishment on condition that the provisions of the above-mentioned regulations are strictly adhered to.

 

§ 3.

For the purposes of these provisions, "production capacity" is understood as meaning: the total capacity for an uninterrupted working period of 24 hours, multiplied by the average number of days per year during which the installations can operate, under normal conditions of maintenance and safety. This capacity is expressed in tonnes.


Article 5.7.1.2. Translation not available

Article 5.7.1.3. Translation not available

Article 5.7.1.4. Translation not available

Section 5.7.2.
Production of titanium dioxide


Article 5.7.2.1. This section applies to the establishments that produce titanium dioxide specified in section 7.11.2°, e) of the classification list

Article 5.7.2.2.

§ 1.

It is prohibited to discharge the following waste materials:

solid waste materials;

mother liquors originating in the filtration phase after hydrolysis of the solution of titanyl sulphate of installations that apply the sulphate process, including acid waste materials that are combined with these lyes and on average contain more than 0.5% free sulphuric acid and various heavy metals and, including the mother liquors that are diluted until they contain 0.5% or less free sulphuric acid;

waste materials from installations that apply the chloride process and contain more than 0.5% free hydrochloric acid and various heavy metals, including waste materials that are diluted until they contain 0.5% or less free hydrochloric acid;

filtration salts, sludges and liquid waste arising from the treatment (concentration or neutralisation) of the waste materials specified under points 2° and 3° and containing various heavy metals, but not including neutralised and filtered or decanted waste containing only traces of heavy metals and which, before any dilution, has a pH value above 5.5;

 

 

§ 2.

Emissions in water may not exceed the following emission limit values:

installations that make use of the sulphate process (annual average): 550 kg of sulphate per tonne of titanium dioxide produced;

installations that make use of the chloride process (annual average):

a)

130 kg of chloride per tonne of titanium dioxide produced when using natural rutile;

b)

228 kg of chloride per tonne of titanium dioxide produced when using synthetic rutile;

 c)

330 kg of chloride per tonne of titanium dioxide produced when using slag; For installations that discharge into salt water (in estuaries, along the coast, in the open sea), an emission limit value may apply of 450 kg of chloride per tonne of titanium dioxide produced when using slag;

installations that make use of the chloride process and use more than one type of ore: the values specified in point 2°, in proportion to the quantities in which these ores are used.

 


Article 5.7.2.3.

§ 1.

The emission of acid droplets into the air from installations is prevented.

 

§ 2.

The following emission limit values apply to the discharged waste gases:

for dust: an hourly average of 50 mg/Nm³ from the principal sources and an hourly average of 150 mg/Nm³ from other sources;

for discharges of gaseous sulphur dioxide and sulphur trioxide produced by digestion and roasting, including acid droplets, calculated as SO2 equivalent:

a)

1)

if use is made of the sulphate process: an annual average of 6 kg per tonne of titanium dioxide produced;

 

2)

if use is made of the chloride process: an annual average of 1.7 kg per tonne of titanium dioxide produced;

b)

an hourly average of 500 mg/Nm³ for installations for the concentration of waste acids;

for chloride in the case of installations that make use of the chloride process:

a)

a daily average of 5 mg/Nm³;

b)

up to an instantaneous value of 40 mg/Nm³;

 


Article 5.7.2.4.

The monitoring of emissions into the air at least includes the continuous measurement of:

discharges of gaseous sulphur dioxide and sulphur trioxide produced by digestion and roasting from establishments for the concentration of waste acids in installations that make use of the sulphate process;

chloride from the principal sources in installations that make use of the chloride process;

dust from the principal sources.

 


Article 5.7.2.5.

The monitoring of emissions into air is carried out in accordance with the measuring methods specified in appendix 4.4.2. The monitoring of emissions in water is carried out in accordance with the measuring methods specified in appendix 4.2.5.2.

 

If no measuring methods are specified, CEN standards are followed.

 

If no CEN standards exist, ISO standards, national standards or international standards are used that guarantee that information of an equivalent scientific quality is obtained.


Section 5.7.3.
The production of sulphur dioxide, sulphur trioxide, sulphuric acid or oleum


Article 5.7.3.1.

§ 1.

The provisions of this section apply to the establishments producing sulphur dioxide, sulphur trioxide, sulphuric acid or oleum meant in section 7 of the classification list.

 

§ 2.

For the implementation of these provisions, the "conversion efficiency of SO2 to SO3" is defined as follows:

 

SO2in - SO2out

conversion efficiency = ---------------------------- x 100 (%)                             

SO2in

 

 

In this formula, SO2in and SO2out are the SO2 loads in the gas flow before and after conversion.

 

§ 3.

The conversion rate takes into account the effect of any add-on techniques designed to limit the SO2 emissions.


Article 5.7.3.2.

§ 1.

If - in view of the gases used as raw material - it is technically possible from the viewpoint of the best available techniques, the double-contact process must be used for the conversion of SO2 to SO3. The use of any alternative process is allowed, on condition that such process is at least equivalent from the perspective of pollution control and in particular on condition that it guarantees the same or higher conversion rates.

 

§ 2.

The single contact process (no interim absorption) is only permitted if gases are used as a raw material with an SO2 concentration of less than 10%. For installations licensed for the first time on 1 January 2010 or later, this is permitted only if the SO2 concentration in the raw material gases is less than 5%.

 

§ 3.

The wet catalytic process is allowed only with molybdenum sulphide roasting and for waste gas desulphurisation.

 

§ 4.

[...]

The conversion rate, as a daily average, is at least: 

   

a)

dry gas processes:

1)

in application of the single contact process: 

a.

in varying gas conditions: 99.1%

b.

with constant gas conditions: 99.7%

2)

in application of the double contact process:

a.

in varying gas conditions: 99.7% 

b.

with constant gas conditions:

-

for installations licensed prior to 1 January 2010: 99.8%

-

for installations licensed on 1 January 2010 or later: 99.9%

   

b)

wet gas processes: when using the wet catalysis process, a conversion rate of at least 98.0% must be achieved. In the case of installations licensed for the first time on 1 January 2010 or later, the minimum conversion rate is 99.0%.

 

The conversion rate, as a daily average, is at least:

a)

the minimum conversion rate, as an annual average, minus 0.6% when using the single contact process or the wet catalysis process;

b)

the minimum conversion rate, as an annual average, minus 0.2% when using the double contact process. 

   

 

 

§ 5.

The following emission limit values apply to the discharged waste gases:

sulphur dioxide: 1,700 mg/Nm³ without prejudice to the conversion rate specified in Article 5.7.5.1;

sulphur trioxide;

 

a)

with constant gas conditions: 60 mg/Nm³;

 

b)

in the other cases: 120 mg/Nm³.

 

§ 6.

[...]

 

§ 7.

The conversion rates specified in § 4 of this Article do not apply to class 3 SO3 generators that are used to stimulate the separation of fly ash by the injection of SO3 into the waste gases of heating installations. For the waste gases treated in this way, the SO3 emission limit values of the corresponding combustion plant apply.


Article 5.7.3.3. To detect as quickly as possible any abnormal increase in sulphur dioxide emissions, the operator carries out, on his/her own initiative and at his/her own expense, continuous monitoring of the appropriate process parameters. The data are archived for at least three years and kept available for perusal by the supervisory authority.

Section 5.7.4.
Production of nitric acid


Article 5.7.4.1.

§ 1.

The provisions of this section apply to the establishments producing nitric acid meant in subsection 7.1 of the classification list.

 

§ 2.

For nitrogen oxides in the discharged waste gases, expressed as NO2, an emission limit value applies, as a monthly average, of 190 mg/Nm³ for installations for which the first licence to operate was issued before 1 January 2014, and an emission limit value, as a monthly average, of 160 mg/Nm³ for installations for which the first licence to operate was issued on or after 1 January 2014.

 

In addition, the waste gases may only be emitted into the ambient air if colourless.


Section 5.7.5.
Production of chlorine


Article 5.7.5.1. Translation not available

Section 5.7.6.
Production of sulphur


Article 5.7.6.1.

§ 1.

The provisions of this section apply to the establishments producing sulphur meant in subsection 7.1 of the classification list.

 

§ 2.

At Claus process installations, the following sulphur conversion efficiencies must be achieved:

 

for a production capacity up to and including 20 tonnes of sulphur a day: 97%

for a production capacity of over 20 tonnes up to and including 50 tonnes of sulphur a day: 98%

for a production capacity of over 50 tonnes of sulphur a day:

a)

99.5% at Claus process installations for which the first licence for operation was granted on or after 1 January 2004;

b)

99% for Claus process installations other than those meant in a).

 

§ 3.

An emission limit value of 10 mg/Nm³ applies for hydrogen sulphide in the discharged waste gases that are pretreated in a post-combustion installation.

 

§ 4.

The SO2 emission concentrations and sulphur conversion efficiency of Claus process installations that form part a petroleum refinery are regulated by Article 5.20.2.2 and 5.20.2.7 ("Petroleum refineries") of chapter 5.20. 


Section 5.7.7.
Production of organic chemicals or solvents


Article 5.7.7.1.

§ 1.

The provisions of this section apply to the establishments producing organic chemicals or solvents meant in section 7 of the classification list.

 

§ 2.

Waste gases from installations producing 1,2- dichloroethane and vinyl chloride are drawn off to a waste gas treatment installation. During this process, the following conditions must be met:

an emission limit value of 5 mg/Nm³ applies to 1,2-dichloroethane in the discharged waste gases;

an emission limit value of 0.1 ng TEQ/Nm³ applies to dioxins and furans. The average values are determined over a sampling period of at least six hours and at most eight hours. The emission limit value relates to the total concentration of dioxins and furans calculated using the concept of "toxic equivalence".

 

The mass concentration of dioxins and furans must be measured at least once a year on the initiative and at the expense of the operator, according to the requirements of the standard NBN EN 1948 by a laboratory recognised in the discipline of air as specified in Article 6, 5°, b) of VLAREL. Each emission limit value measured meets the emission limit value set, allowance made for accuracy specified to in Article 4.4.4.2, §5. Should the concentration exceed the emission limit value after allowance is made for accuracy, a new sample and analysis are required within a three-month period.

 

§ 3.

The waste gases from the reactor system and the absorber of an installation for the production of acrylonitrile are ducted to an incineration plant. An emission limit value of 0.2 mg/Nm³ applies to acrylonitrile in the discharged waste gases. The waste gases released during purification of the reaction products (distillation) and during filling are ducted to a waste gas treatment installation.


Section 5.7.8.
Production of hydrocarbons in petrochemical installations not belonging to an oil refinery


Article 5.7.8.1.

§ 1.

The provisions of this section apply to the establishments producing hydrocarbons meant in section 7.3 of the classification list.

 

§ 2.

Waste gases discontinuously released by process installations such as waste gases resulting from the regeneration of catalytic agents or with inspection and cleaning activities must be ducted to an incineration plant, or equivalent abatement measures must be taken.

 

§ 3.

Waste gases released upon starting up or shutting down an installation must, to the greatest possible extent, be transported to a collection system for waste gas or incinerated in process combustion plants. If this is not possible, the waste gases must be transported to a flare in which an emission level for organic substances of 1% regarding the total carbon content may not be exceeded.

 

§ 4.

Waste gases from desulphurisation installations or other sources with a volume level of hydrogen sulphide of over 0.4% and a mass flow of hydrogen sulphide of over 2 tonnes/day are further processed.

 

Waste gases which are not further processed are transported to a post-combustion incinerator.

 

 

An emission limit value of 10 mg/Nm³ applies to hydrogen sulphide in the discharged waste gas.

 

Water containing hydrogen sulphide may only be processed if no waste gas can escape into the atmosphere.

 

§ 5.

During the transfer of base, intermediary and end products, the emissions of organic substances with a vapour pressure of over 13.3 kPa at a temperature of 35° C must be reduced by means of appropriate measures, such as by gas displacement systems, extraction and transfer to a waste gas treatment installation.

 

§ 6.

[...]

 

§ 7.

Process water may only be discharged into an open system after degassing. The waste gases collected during this process must be cleaned by washing or incineration.


Section 5.7.9.
Production of carbon


Article 5.7.9.1.

§ 1.

The provisions of this section apply to establishments producing carbon (hard lignite) or electrographitic carbon (e.g. used in electrodes, current collectors or parts for appliances) meant in subsection 7.1 of the classification list.

 

§ 2.

The following emission limit values for organic substances, expressed in mg/Nm³, apply to the discharged waste gases:

for mixing and moulding, from mixing and moulding installations where pitch, tar or other volatile binders and liquefiers are processed at increased temperatures, expressed as total organic carbon: 100 mg/Nm³;

for combustion, from furnaces with one chamber, furnaces with combined chambers and tunnel kilns, expressed as total organic carbon: 500 mg/Nm³;

for combustion, from annular kilns for graphite electrodes and carbon blocks, expressed as total organic carbon: 200 mg/Nm³;

for impregnation, from impregnating installations where tar-based impregnating agents are used, expressed as total organic carbon: 50 mg/Nm³.

 


Section 5.7.10.
Manufacture of peroxides


Article 5.7.10.1. Translation not available

Section 5.7.11.
Production of polyvinyl chloride


Article 5.7.11.1.

§ 1.

The provisions of this section apply to the establishments producing polyvinyl chloride meant in section 7 of the classification list.

 

§ 2.

At the transition from the closed system for polymerisation or drying to the open system, the residues of vinyl chloride (VC) in the polymerisate must be kept as low as possible. During this process, the following maximum monthly average values may not be exceeded:

 

- mass-PVC:

10 mg VC / kg PVC;

- suspension-homopolymerisates:

0.10 g VC / kg PVC;

- suspension-copolymerisates:

0.40 g VC / kg PVC;

- micro-suspension-PVC and emulsion-PVC:

1.5 g VC / kg PVC.

 

 

§ 3.

To further reduce the mass concentration of vinyl chloride in the waste gas, insofar as possible the waste gas of the drying installation must be used as combustion gas in combustion plants.


Section 5.7.12.
Production of caprolactam


Article 5.7.12.1.

§ 1.

The provisions of this section apply to the establishments producing caprolactam meant in section 7 of the classification list.

 

§ 2.

During the production of caprolactam according to the Raschig-process, NO2-emissions may not exceed 15 kg NOx/tonne of caprolactam produced.


Section 5.7.13.
Production of polyacrylonitrile plastics


Article 5.7.13.1.

§ 1.

This section applies to the establishments meant in section 7 of the classification list.

 

§ 2.

Production and processing of acrylonitrile polymerisates for fibres.

 

An emission limit value of 20 mg/Nm³ applies to acrylonitrile in the discharged waste gas from drying installations.

 

The waste gases containing acrylonitrile originating from the reaction boilers, the intensive production of waste gases, the suspension collection tank and the washing filter are ducted to a waste gas treatment installation. An emission limit value of 10 mg/Nm³ applies to acrylonitrile in the discharged waste gas.

 

During the spinning into fibres of the polymer, the waste gas flows with an acrylonitrile content of over 5 mg/m³ are ducted to an air emission abatement installation for waste gas.

 

§ 3.

Production of ABS resins.

 

Emulsion polymerisation:

the acrylonitrile-containing waste gases released during polymerisation, during precipitation or during cleaning of the reactor are ducted to an incineration plant; for the emissions of acrylonitrile in the waste gas of the drying installation, an emission limit value of 25 mg/Nm³ applies as monthly average;  

Combined solution/emulsion polymerisation:

the acrylonitrile-containing waste gases released from the reactors, during intermediary storage, during precipitation, during dehydration, during the recycling of solvents and at the mixers are ducted to an incineration plant; for the acrylonitrile emissions released near the mixer exhaust, an emission limit value of 10 mg/Nm³ applies as monthly average. 

 

§ 4.

The production of nitrile rubber (NBR).

 

The acrylonitrile-containing waste gases released from the butadiene recycling, during the intermediary storage of the latex and during the washing of the solid rubber are ducted to an incineration plant.

 

The waste gases released from the acrylonitrile recycling are ducted to a waste gas treatment installation.

 

For the emissions of acrylonitrile in the waste gas of the drying installation, an emission limit value of 15 mg/Nm³ applies.

 

§ 5.

The production of dispersions by emulsion polymerisation of acrylonitrile.

 

The acrylonitrile-containing waste gases released from the monomer receiving vessels, the reactors, the intermediary storage tanks and from the condensers are ducted to a waste gas treatment installation if the acrylonitrile-content exceeds 5 mg/m³.


Section 5.7.14.
Production and processing of viscose


Article 5.7.14.1.

§ 1.

This section applies to the establishments meant in section 7.2, h) of the classification list.

 

§ 2.

The waste gases from the viscose production, from the reprocessing of the spinning bath and from the post-treatment to produce textile rayon are ducted to a waste gas treatment installation.

 

The following emission limit values apply to the discharged waste gas:

for hydrogen sulphide: 5 mg/Nm³ as daily average value.

for carbon disulphide: 0.10 g/Nm³ as daily average value.

 

§ 3.

During the production of cellulose wool and cellophane, the waste gases from the spinning machines and from the post-treatment are ducted to an air emission abatement installation.

 

The following emission limit values apply to the discharged waste gas:

for hydrogen sulphide: 5 mg/Nm³ as daily average value.

for carbon disulphide: 0.15 g/Nm³ as daily average value.

 

§ 4.

The best available techniques are applied to limit to a minimum and if possible prevent the emissions of hydrogen sulphide and carbon disulphide.

 

The following emission limit values apply to the discharged waste gas:

for hydrogen sulphide: 50 mg/Nm³ as a daily average;

for carbon disulphide, depending on the viscose product:

 

a)

cellulose wool: 150 mg/Nm³;

 

b)

cellophane: 150 mg/Nm³;

 

c)

rayon (textile): 150 mg/Nm³;

 

d)

synthetic casings: 400 mg/Nm³;

 

e)

synthetic chamois: 400 mg/Nm³;

 

d)

rayon (technical): 600 mg/Nm³.

 


Section 5.7.15.
Production of enamel


Article 5.7.15.1. The provisions of this section apply to the establishments producing enamel meant in section 7 of the classification list.

Article 5.7.15.2. Translation not available

Section 5.7.16.
Batch processes in the production of fine chemicals and pharmaceuticals


Article 5.7.16.1.

For processes in the production of fine chemicals and pharmaceuticals the conditions for the emission limit value in mg/Nm³ for batch processes not exceeding 500 kg of pure final product per batch, are replaced by the following regulation:

 

the process must comply with a maximum total emission of at most 15% of the solvents input.


Section 5.7.17.
Production of soda


Article 5.7.17.1. This section applies to the establishments for the production of soda specified in section 7.9 of the classification list.

Article 5.7.17.2.

An emission limit value for CO of 175 mg/Nm³ applies to the discharged waste gases from the combustion plants for the production of soda.

 

The concentration of CO in the waste gases from the combustion plants for the production of soda is measured continuously.

 

The installation complies with the emission limit value specified in subparagraph 1 if it appears from the evaluation of the results of the continuous measurements for the operating period during a calendar year that no validated monthly average is greater than the applicable emission limit value and no validated daily average is greater than twice the applicable emission limit value.


Chapter 5.8.
DIAMOND CUTTING AND POLISHING


Article 5.8.0.1.

Without prejudice to the provisions of the Royal Decree of 17 April 1970 concerning the recognition of workshops in the diamond industry, the establishments meant in section 8 of the classification list must comply with the following conditions:

the dust emissions originating from the diamond cutting and polishing must be collected at their place of origin and emitted via a stack that is at least one metre higher than the ridge of the roof of the establishment;

the following emission limit values apply to total dust particles regarding the waste gases emitted through the stack meant in point 1°:

a)

at a mass flow <= 500 g/h: 150.0 mg/Nm³;

b)

at a mass flow > 500 g/h: 50.0 mg/Nm³.

 


Chapter 5.9.
ANIMALS


Section 5.9.1.
Scope


Article 5.9.1.1.

§ 1.

The provisions of this chapter apply to the establishments meant in subsections 9.3, 9.4, 9.5, 9.6, 9.7, 9.8 and 9.9 of the classification list as well as to the storage sites for manure meant in subsection 28.2 of the classification list that are associated with the above-mentioned establishments.


Article 5.9.1.2. [...]

Section 5.9.2.
Additional conditions for limiting emissions of ammonia


Animal housing.


Article 5.9.2.1.

§ 1.

Animal housing must be built using durable and sound materials, in accordance with a code of good practice or - failing such code - according to the rules of good workmanship, under the supervision of a certified architect, an engineering architect, a civil architectural engineer, an industrial architectural engineer, an agricultural engineer or a bio-engineer, in such a way that the nuisance for the environment is prevented or restricted to the normal level of nuisance caused by neighbours.

 

§ 2.

The full floor surfaces in animal housing are made of hardened material. They must be manureproof. If necessary, the manureproofness must be ensured by the application of a manure-resistant impermeable layer. These floor surfaces are sloping, to ensure the easy removal of manure, slurry or flush water.

 

§ 3.

It is prohibited to equip these floor surfaces of animal housing, manure pipework and slurry tanks with overflows or drainage channels to a surface water, a public sewer, an artificial drainage route for rainwater or a septic pit.


Additional construction and usage conditions for animal housing regarding the limitation of the emission of ammonia.


Article 5.9.2.1bis. Translation not available

Storage sites for solid manure outside animal housing.


Article 5.9.2.2. Translation not available

Storage sites for slurry.


Article 5.9.2.3. Translation not available

Places provided for manure treatment or manure processing installations.


Article 5.9.2.4.

§ 1.

During the use of an installation for the treatment or the processing of manure, the necessary measures are taken in order to ensure that any spilt manure can be collected and replaced in the existing manure storage site.

 

The operator takes all necessary measures with the objective of ensuring that cleaning water, leachate or manure cannot enter the soil, and certainly cannot enter drains intended for the drainage of rainwater


Section 5.9.3.
General conditions regarding the location of animal housing


Article 5.9.3.1. [...]

Section 5.9.4.
General conditions regarding the location of animal housing


Rating.


Article 5.9.4.1. Translation not available

Rating per establishment.


Article 5.9.4.2.

The rating to be taken into consideration for the establishment is calculated as specified below.

 

Sties:

a)

Per sty:
Each sty belonging to the establishment is given a rating "Wst", which is the sum of the scores awarded in accordance with Article 5.9.4.1. to the housing system (in point 1) of Article 5.9.4.1.) and to the ventilation system (in point 2) of Article 5.9.4.1.).

b)

For all poultry houses belonging to the establishment:
If the establishment encompasses multiple sties, all sties belonging to the establishment are awarded a joint rating "Wv", which is the weighted average calculated as follows:

where:
Wv = the rating awarded to all of the sties belonging to the establishment;

Σ (Wstn × Vstn) = the sum of the products per sty of the rating for the sty and the number of places for pigs in the sty concerned;

Σ Vstn = the sum of the number of places for pigs for all of the sties belonging to the establishment.

The storage of solid manure and slurry:

a)

Per manure storage site:
In accordance with Article 5.9.4.1. a rating is awarded to each solid manure storage site (cf. point 3) of Article 5.9.4.1.) and to each slurry storage site (cf. point 4) of Article 5.9.4.1.) belonging to the establishment.

b)

For all manure storage sites belonging to the establishment:
If the establishment encompasses multiple manure storage sites, all establishments belonging to the establishment are awarded a joint rating "Wm", which is the weighted average calculated as follows:

where:
Wm = the rating awarded to all slurry and solid manure storage facilities belonging to the establishment;

Σ (WMon × A) = the sum of the products per manure or slurry storage site of the rating for the storage site and of the number of animals of which the slurry or manure is collected in the storage site concerned;

Σ A = the sum of the number of animals of which the manure is collected in the storage site concerned.

The establishment:
The rating awarded to the establishment is equal to the sum of the ratings awarded in accordance with points 1° and 2° above to all the sties belonging to the establishment, on the one hand, and to the manure storage sites belonging to the establishment, on the other hand.

 

 


Prohibitory rules and stipulations of distances to be observed.


Article 5.9.4.3.

It is prohibited to operate pig farms if they are located:

wholly or partially in a catchment basin and/or type I, II or III protected zone;

wholly or partially in an area other than an agricultural area.

 


Article 5.9.4.4.

At least the following distance must be maintained between each sty and/or storage area for solid manure or mixed manure in an installation located in an agricultural area on the one hand, and any residential development area, natural area of scientific value or nature reserve, area for residential recreation or residential area other than a residential area with a rural character indicated on the regional plan, or any forestry reserve indicated in the Forest Decree of 13 June 1990 on the other hand, based on the number of pigs kept in the installation, expressed in pig units, and on the number of rating points awarded to the installation in accordance with Article 5.9.4.2:

 

Rating points awarded

to the installation

Minimum distance in metres for the following numbers of pig units

from 100

to 500

from 501

to 1,050

from 1,051

to 1,575

from 1,576

to 2,100

from 2,101

to 2,625

more than

2,625

<50

250

300

350

prohibition

prohibition

prohibition

50 - 100

200

225

250

300

350

400

101 - 150

100

150

200

250

300

350

151 - 200

50

100

150

200

250

300

> 200

50

50

100

150

200

300

 

for the application of the above-mentioned provisions:

one sow and piglets is considered equivalent to 2.5 pig units;

any other pig > 10 weeks is considered equivalent to 1 pig unit


Article 5.9.4.5. [...]

Article 5.9.4.6.

§ 1.

[...]

 

§ 2.

[...]


Section 5.9.5.
General conditions regarding the location of animal housing


Rating.


Article 5.9.5.1. Translation not available

Rating per establishment.


Article 5.9.5.2.

The rating to be taken into consideration for the establishment is calculated as specified below.

Poultry houses:

a)

Per poultry house:
Each poultry house belonging to the establishment is given a rating "Wst", which is the sum of the scores awarded in accordance with Article 5.9.5.1. to the housing system (in point 1) of Article 5.9.5.1.) and to the ventilation system (in point 2) of Article 5.9.5.1.).

b)

c)

For all poultry houses belonging to the establishment:
If the establishment encompasses multiple poultry houses, all poultry houses belonging to the establishment are awarded a joint rating "Wp", which is the weighted average calculated as follows:


where:
Wp = the rating awarded to all of the poultry houses belonging to the establishment; 
Σ (Wstn × Pstn) = the sum of the products per poultry house of the rating for the poultry house and the number of places for poultry in that poultry house;
Σ Pstn = the sum of the number of poultry that can be kept in all the poultry houses belonging to the establishment.

Manure storage sites:

a)

Per manure storage site:
Regarding the storage of manure (cf. point 3) of Article 5.9.5.1.) belonging to the establishment, a rating is awarded in accordance with Article 5.9.5.1.

b)

For all manure storage sites belonging to the establishment:
If the establishment encompasses multiple manure storage sites, all establishments belonging to the establishment must be awarded a joint rating "Wm", which is a weighted average calculated as follows:

where:
Wm = the rating awarded to all manure storage facilities belonging to the establishment;

Σ (WMon × A) = the sum of the products per manure storage site of the rating for the facility and of the number of animals of which the manure is collected in the facility concerned;

Σ A = the sum of the number of animals of which the manure is collected in the storage site concerned.

The establishment:
The rating awarded to the establishment is equal to the sum of the ratings awarded in accordance with points 1° and 2° above to all the poultry houses belonging to the establishment, on the one hand, and to the various types of manure storage sites belonging to the establishment, on the other hand.

 


Prohibitory rules and stipulations of distances to be observed.


Article 5.9.5.3.

§ 1.

The operation of establishments comprising one or more poultry houses with slurry manure and wholly or partly located in a water abstraction area and/or type I, II or III protected zone is prohibited, irrespective of the number of poultry kept at the establishment.

 

§ 2.

The operation of establishments comprising one or more poultry houses with a joint total of more than 2,000 birds located wholly in areas other than residential areas with a rural character or agricultural areas is prohibited.

 

§ 3.

The operation of establishments comprising one or more poultry houses with a joint total of over 10,000 birds located wholly in areas other than agricultural areas is prohibited.

 

§ 4.

At least the following distance must be maintained, between each animal housing facility and/or manure storage site at an establishment located in a rural residential area, on the one hand, and each of the residential development areas, conservation areas with scientific value or nature reserves, forestry reserves, areas for residential recreation and residential areas other than a rural residential area, indicated in the regional land-use plan on the other hand, according to the number of poultry units that are kept at the establishment and according to the rating calculated for the establishment in accordance with Article 5.9.5.2.:

 

 

Minimum distance requirement in m relating to number of poultry units

Rating granted to the installation

< 5,000

from 5,001 to 10,000

< 75

100

150

75 - 150

75

100

151 or more

50

75

 

In an establishment comprising one or more poultry houses and located wholly in a rural residential area, it is prohibited to keep more chickens or other poultry than the number allowed according to the above-mentioned criteria and the stipulations of distances to be observed.

 

§ 5.

At least the following distance must be maintained, between each animal housing establishment and/or manure or slurry storage site at an establishment located in an agricultural area, on the one hand, and each of the residential development areas, conservation areas with scientific value or nature reserves, forestry reserves, areas for residential recreation and residential areas other than rural residential areas indicated on the regional land-use plan on the other hand, according to the number of poultry units that are kept at the establishment and according to the rating calculated for the establishment in accordance with Article 5.9.5.2.:

 

Rating granted to the installation

Minimum distance requirement in m relating to number of poultry units

≤ 5,000

from 5,001 to 10,000

from 10,001 to 20,000

from 20,001 to 40,000

from 40,001 to 60,000

from 60,001 to 80,000

> 80,000

< 75

100

150

200

300

400

prohibition

prohibition

75 -150

75

100

150

225

300

prohibition

prohibition

151 -200

50

75

100

150

200

250

300

> 200

50

75

100

150

200

225

250

In an establishment comprising one or more poultry houses and located wholly in an agricultural area, it is prohibited to keep more chickens or other poultry than the number allowed according to the above-mentioned criteria and the stipulations of distances to be observed.

 

§ 6.

[...]


Section 5.9.6.
Additional conditions regarding the location of animal housing other than sties and poultry houses


Article 5.9.6.1. Translation not available

Section 5.9.7.
Conditions regarding monitoring establishments


Article 5.9.7.1.

§ 1.

In establishments with slurry in which either over 2,500 pigs, or over 1,500 native large mammals other than pigs, or over 40,000 poultry can be kept, or in establishments that are wholly or partly located within protected zones for groundwater abstraction, at the operator's expense observation pipes (measuring wells) are placed judiciously.

 

The observation pipes are made of a material that cannot be affected by the stored liquids. They are fitted according to the rules of good workmanship as shown in appendix 5.9. to this order or according to another equivalent code of good practice.

 

The number of pipes and the nature of their placement, as well as the type used and their length, are determined after consultation with the supervisory authority and, where appropriate, with the operator of the water abstraction facility to be protected.

 

§ 2.

However, after consultation with the supervisory authority and, where appropriate, with the operator of the water abstraction facility to be protected, the observation pipes meant under § 1 may be replaced by equivalent control facilities taking into account the hydrogeological information about the soil.

 

§ 3.

The plans for the work and the drilling reports of the observation pipes or monitoring facilities meant in §§ 1 and 2 above are made available to the supervisory authority.


Section 5.9.8.
Conditions regarding the limitation of environmental nuisance


The prevention of odour pollution when ventilating animal housing.


Article 5.9.8.1.

§ 1.

The ventilation of animal housing, whether mechanical or natural, is performed in such a way that pollution of the ambient air is prevented or restricted to the normal level of nuisance caused by neighbours.

 

§ 2.

Insofar as they do not have a function for ventilation, windows are kept closed. Outside doors that are not designed to play a role in the ventilation of the animal housing are only open to allow people, animals or goods to enter the building, or in the event of force majeure.


The prevention of nuisance caused by dust originating from dry fodder.


Article 5.9.8.2. Dry fodder which may give rise to nuisance caused by dust is stored either in silos or kept in packaged form.
Measures are taken to prevent the undesired spreading of dust during the filling of the fodder silos, or limit it to a limit value that is acceptable from an environmental point of view.

Manure.


Article 5.9.8.3.

§ 1.

It is prohibited to spread or store solid manure or slurry within the establishment but outside the storage areas provided specifically for this purpose.

 

§ 2.

[...]

 

§ 3.

The manure produced must be disposed of in an environmentally sound manner, in accordance with the Decree of 22 December 2006 on the protection of water against nitrate pollution from agricultural sources and the executive decisions providing for its enforcement.


General measures for environmental protection.


Article 5.9.8.4. Translation not available

Waste waters.


Article 5.9.8.5. Translation not available

Section 5.9.9.
Conditions regarding supervision


Article 5.9.9.1. The operator must ensure that the establishment is kept in good condition - in particular the animal housing, the storage facilities for manure and slurry and accessories - by regular maintenance and checks.

Article 5.9.9.2.

§ 1.

The operator of an establishment as meant in Article 5.9.7.1. § 1 checks the groundwater for the presence of slurry originating from leaks at least every 3 months.

 

§ 2.

In addition, the operator specified in §1 must have a groundwater analysis carried out at his/her expense at least every 3 years by a laboratory recognised in the discipline of water, sub-area groundwater as specified in Article 6, 5°, a) of VLAREL.

The operator sends a copy of the analysis results to the division competent for environmental enforcement and, where appropriate, to the operator of the water abstraction to be protected. The operator of an establishment located in a protected zone must also allow the checking of the measuring wells by the water company concerned when this company so requests.

 

§ 3.

If it appears from the observation pipes or equivalent inspection provisions meant in § 1 or from other observations that the manure sealing of the stalls or manure storage sites is no longer assured, the operator takes the necessary measures to restore this sealing as quickly as possible. No young or additional animals may be brought in while awaiting repairs. The execution of the repairs must take place by a certified architect, an engineering architect, a civil architectural engineer, an industrial architectural engineer, an agricultural engineer (farm construction) or an agricultural bio-engineer (agricultural).

 


Article 5.9.9.3. Upon final decommissioning of a manure storage site, the storage site must be completely emptied.
During this process the necessary measures are taken related to protection against explosion and the prevention of soil, surface area and groundwater pollution.

Article 5.9.9.4.

§ 1.

[...]

 

§ 2.

 

If the operator is aware of any serious pollution related to the operation of the establishment, in particular on the basis of the checks meant in the Articles 5.9.9.1. and/or 5.9.9.2., he/she must report this to the division competent for environmental enforcement specified in §1 immediately.

 


Section 5.9.10.
Conditions concerning existing animal housing and manure storage sites


Article 5.9.10.1. Translation not available

Section 5.9.11.
Additional conditions regarding manure handing and/or manure processing with animal housing


Follow-up of the nutrient flow.


Article 5.9.11.1. The operator maintains a register of all manure treatment and/or manure processing.

Article 5.9.11.2. The operation of manure handling and manure processing installations must meet the provisions specified in Article 5.28.3.4.2, 5.28.3.5.1, 5.28.3.5.2 and 5.28.3.5.3.

Section 5.9.12.
Environmental conditions relating to establishments at which dogs are kept


Article 5.9.12.1. The provisions of this section apply to the establishments specified in section 9.9 of the classification list, with the exception of establishments for the training of dogs.

Article 5.9.12.2. Translation not available

Chapter 5.10.
BEVERAGES


Article 5.10.0.1. The provisions of this chapter apply to the establishments meant in section 10 of the classification list.

Article 5.10.0.2. [...]

Article 5.10.0.3.

§ 1.

[...]

 

§ 2.

[...]

 

§ 3.

Vapours, mists and waste gases are collected where they originate and removed to a waste gas treatment installation.

 

§ 4.

The necessary measures must be taken to prevent dust explosions. In particular to this end, in addition to the measures prescribed in § 3, the necessary precautions must be taken to prevent the formation of electrostatic charges. To this end all metal parts of the installations, of the extractor and of the storage tanks as well as of the loading and unloading establishments must be earthed.


Article 5.10.0.4.

§ 1.

The rooms where the distilling installations are located may only be heated by means of appliances of which the location and use offer sufficient guarantees against any danger of fire or explosion.

 

§ 2.

Buckets filled with dry sand or fire extinguishers in good condition must be placed near the work stations and the exits of the rooms meant in § 1.

 

§ 3.

[...]

 

§ 4.

[...]


Article 5.10.0.5. Translation not available

Chapter 5.11.
THE PRINTING AND PHOTOGRAPHIC INDUSTRIES


Article 5.11.0.1.

§ 1.

The provisions of this chapter apply to the establishments meant in section 11 of the classification list.

 

§ 2.

It is prohibited to operate an establishment as meant in § 1 which is wholly or partly located in a water abstraction area and/or a type I, II or III protected zone.

 

§ 3.

The prohibitions of §2 do not apply to existing establishments or parts of them.


Article 5.11.0.2. Translation not available

Article 5.11.0.3.

§ 1.

The machines and installations used for the treatment - namely the chemical or physical modification - of dangerous substances must be placed in a room which is separated completely from the storage areas by fireproof walls. The floor is made of a material that is impermeable and chemically inert to the substances that end up on it.

 

§ 2.

The overall collection system for the installation as a whole, the separate collection establishments for the compartmentalised storage, the bunds, the compartments for substances in bulk, the tanks' overflows or safety outlets, as well as the storage building for extremely dangerous substances and products may in no way be connected directly to a public sewer, a groundwater layer, a surface water or a reservoir for surface water.

 

§ 3.

The collection wells and the separate collection facilities of the compartmentalised storage must be emptied regularly and at least after each incident. The resulting waste flows must be disposed of in an appropriate manner.

 

§ 4.

All persons and staff working at the establishment must be fully aware of the nature of the stored or manufactured substances and products and the dangers involved. Staff must be informed about the measures to be taken when irregularities occur. Written instructions must be provided to this end.


Article 5.11.0.4.

§ 1.

The machines and installations must be designed and well maintained such that leaks of substances and products as well as the emissions of pollutants in the ambient air are prevented to the greatest possible extent.

 

§ 2.

The necessary measures must be taken to prevent the formation of electrostatic charges. To this end in particular all metal parts of the installations, of the dust extractor and of the storage tanks as well as of the loading and unloading facilities must be earthed.

 

§ 3.

If products identified by the GHS02 danger pictogram according to the CLP Regulation are used or produced:

the rooms may only be heated by means of appliances of which the location and use offer sufficient guarantees against any danger of fire or explosion;

buckets filled with dry sand or fire extinguishers in good condition must be placed near the work stations and the exits of the rooms;

the escape doors of the rooms must open to the outside and passages must be kept free of all obstacles;

in rooms other than storage rooms a quantity of raw materials and manufactured products may be stored, which corresponds to at most one day's requirements or production; the packages in use at the machines, such as a packaging of solvent kept available at each printing press, is not taken into account with this;

in the rooms no work may be carried out for which the use is required of any appliance that works with naked flame or which may generate sparks;

smoking is prohibited in the rooms; this smoking ban must be indicated in clearly readable letters on the outside of the entrance doors and inside the rooms in question;

the stacks and the discharge pipework for the extracted vapours and mists must be made of non-flammable materials.

 

§ 4.

It is prohibited to store products identified by the GHS02 danger pictogram according to the CLP Regulation in any location where temperatures may exceed 40°C as a result of heat generated by technological means.

 

§ 5.

[...]

 

§ 6.

[...]


Article 5.11.0.5. Translation not available

Chapter 5.12.
ELECTRICITY


Article 5.12.0.1. Without prejudice to the requirements meant in the General Regulation on Electrical Equipment (AREI), the provisions of this chapter apply to the establishments meant in section 12 of the classification list.

The provisions of this section do not apply to mobile emergency power units, nor to electrical power units or transformers temporarily deployed for the power supply of equipment, appliances and installations used to carry out construction, demolition and road works.

Article 5.12.0.2. Transformers

§ 1.

Without prejudice to the provisions of the Royal Decision of 9 July 1986 concerning the regulation of substances and preparations containing polychlorinated biphenyls and polychlorinated terphenyls, regarding transformers the following regulations must be observed:

transformers containing polychlorinated biphenyls (PCBs) or polychlorinated terphenyls (PCTs), such as askarel transformers, are prohibited;

the transformer is protected against the infiltration of rainwater or groundwater;

the floor(s), walls and ceiling(s) of the room where the transformer is located can withstand fire for at least half an hour (Rf 1/2h); the same applies to doors and windows in these partitioning elements. These doors and windows are equipped with an automatic closing mechanism and may not be blocked in the open position; the provisions of the first paragraph are not applicable to transformers located in the open air or in closed metal cabinets.

the necessary measures are taken to prevent soil and groundwater pollution; to this end in particular an impervious bund must be provided under the transformer to catch the dielectric liquid in the event of a leak. For an existing transformer, the above-mentioned bund must be provided on the occasion of the first renewal, modification, replacement or relocation of the transformer.

 

 

§ 2.

The prohibition specified in §1, 1° only does not apply to transformers containing PCBs or PCTs that may continue to be used in accordance with Article 5.2.8.5, §2 of the Order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials. Without prejudice to the conditions specified in paragraph 1, the following conditions are also met by these transformers containing PCBs or PCTs:

the transformers are only placed either in the open air or in a fireproof room intended for this purpose; in this room no transformers not containing PCBs or PCTs may be located, unless a fire-resistant partition (Rf 1/2h) is provided between the different transformers; on the outside of the entrance door(s) to the above-mentioned space as well as inside this room itself the following text is written in a clearly readable manner and in letters with a height of at least 8 centimetres: "Opgelet: PCB's-houdende transfo" [Caution: transformer containing PCBs]; the above-mentioned text may be replaced by the applicable regulatory pictograms; the ventilation of the above-mentioned space takes place via a ventilation grate with a fire resistance of at least one hour (Rf1h); alternative measures may be taken in closed electricity rooms on condition that these offer safety guarantees equivalent to the measures of the first paragraph;

transformers are regularly checked for leaks; any leaks are repaired immediately; the supervisor is informed of each leak that is found as well as of the measures taken;

all materials polluted with PCBs or PCTs, including cleaning rags, working clothes, etc. are removed to a dangerous waste disposal establishment.

the draining off of oil with PCBs and PCTs or the removal of the outer plates (so-called uncovering) may only be performed at a company that is licensed to perform this task; because of the possible presence of residual PCBs or PCTs, the transformer may not be refilled with ordinary (flammable) oil, but with, for example, silicone oil;

without prejudice to the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials in relation to PCBs, the following conditions also apply with regard to existing transformers that contain PCBs:

 

the topping up of transformers with PCBs is prohibited;

 

the maintenance of transformers containing PCBs may only be continued - until they are cleaned, taken out of use or disposed of in accordance with the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials in relation to PCBs - if the purpose of such maintenance is to ensure that the PCBs contained in these devices meet the technical standards or specifications relating to dielectric quality, provided that the transformers are kept in good condition and do not leak.

 


Article 5.12.0.3. Accumulators

§ 1.

Any batteries, other than dry batteries, installed in a fixed location are located in a room, space or cabinet which is intended solely for that purpose. The designated room is constructed from non-flammable materials with an Rf fire resistance of at least half an hour, determined according to the provisions of the NBN 713-020 standard. The doors between this room and the rest of the buildings have the same fire resistance and are equipped with an automatic closing mechanism.

 

§ 2.

The floor of the room meant in §1 is made of impervious materials which are inert regarding electrolytes and must be constructed in such a way that any pollution of groundwater, surface water and soil is prevented.

 

§ 3.

The room meant in §1 is ventilated properly and continuously so that the atmosphere in the room never gives rise to any danger of explosion. To this end, the concentration of explosive dangerous gases must at all times be lower than 1/10 of the lower explosive limit.


Article 5.12.0.4.

§ 1.

The rooms where the stationary transformers, the stationary batteries other than dry batteries and the stationary installations for charging accumulators are located may only be heated by means of appliances of which the location and use offer sufficient guarantees against any danger of fire or explosion.

 

§ 2.

Buckets filled with dry sand or fire extinguishers in good condition must be placed near the work stations and the exits of the rooms.

 

§ 3.

The escape doors of the rooms meant in §1 must open to the outside and passages must be kept free of all obstacles.

 

§ 4.

In the rooms meant in §1:

no work may be carried out for which the use is required of an appliance that works with naked flame or which may generate sparks, with the exception of maintenance and/or repair work, on condition that the necessary precautions have been taken;

a smoking ban applies; this smoking ban must be indicated in clearly readable letters on the outside of the entrance doors and inside the rooms in question;

the stacks and the discharge pipework for the extracted vapours and mists must be made of non-flammable materials.


Article 5.12.0.5.

§ 1.

It is prohibited to store products identified by the GHS02 danger pictogram according to the CLP Regulation in any location where temperatures may exceed 40°C as a result of heat generated by technological means.

 

§ 2.

[...]

 

§ 3.

[...]


Chapter 5.13.
PHARMACEUTICALS


Article 5.13.0.1.

§ 1.

The provisions of this chapter apply to the establishments meant in section 13 of the classification list.

 

§ 2.

It is prohibited to operate an establishment as meant in § 1 which is wholly or partly located in a water abstraction area and/or a type I, II or III protected zone.

 

§ 3.

The prohibitions of §2 do not apply to existing establishments or parts of them.


Article 5.13.0.2. Translation not available

Article 5.13.0.3.

§ 1.

The machines and installations must be designed and well maintained such that leaks of substances and products as well as the emissions of pollutants in the ambient air are prevented to the greatest possible extent.

 

The machines and installations used for the treatment - namely the chemical or physical modification - of dangerous substances must be placed in a room which is separated completely from the storage areas by fireproof walls. The floor of this room must be equipped with a collection channel and one or more collection wells. The floor, the collection channel and the collection wells must be made of a material that is both impermeable and chemically inert regarding the substances they may come into contact with.

 

§ 2.

The overall collection system for the installation as a whole, the separate collection establishments for the compartmentalised storage, the bunds, the compartments for substances in bulk, the tanks' overflows or safety outlets, as well as the storage building for extremely dangerous substances and products may in no way be connected directly to a public sewer, a groundwater layer, a surface water or a reservoir for surface water.

 

§ 3.

The collection wells and the separate collection facilities of the compartmentalised storage must be emptied regularly and at least after each incident. The resulting waste flows must be disposed of in an appropriate manner.

 

§ 4.

All persons and staff working at the establishment must be fully aware of the nature of the stored or manufactured substances and products and the dangers involved. Staff must be informed about the measures to be taken when irregularities occur. The operator provides up-to-date instructions in this regard. These instructions must be evaluated by the operator at least once per year.


Article 5.13.0.4.

§ 1.

It is prohibited to store products identified by the GHS02 danger pictogram according to the CLP Regulation in any location where temperatures may exceed 40°C as a result of heat generated by technological means.

 

§ 2.

The necessary measures must be taken to prevent the formation of electrostatic charges. To this end in particular all metal parts of the installations, of the dust extractor and of the storage tanks as well as of the loading and unloading facilities must be earthed.

 

§ 3.

The rooms where products identified by the GHS02 danger pictogram according to the CLP Regulation are used or produced may only be heated by means of appliances of which the location and use offer sufficient guarantees against any danger of fire or explosion.

 

§ 4.

[...]

 

§ 5.

[...]

 

§ 6.

In the rooms meant in § 3:

no work may be carried out for which the use is required of any appliance that works with naked flame or which may generate sparks;

a smoking ban applies; this smoking ban must be indicated in clearly readable letters or with the regulatory pictograms on the outside of the entrance doors and inside the rooms in question;

the stacks and the discharge pipework for the extracted vapours and mists must be made of non-flammable materials.


Article 5.13.0.5. Translation not available

Chapter 5.14.
PHOTOGRAPHIC PRODUCTS


Article 5.14.0.1. Translation not available

Chapter 5.15.
GARAGES, CAR PARKS AND REPAIR SHOPS FOR MOTOR VEHICLES


Article 5.15.0.1. The provisions of this chapter apply to the establishments meant in section 15 of the classification list.

Article 5.15.0.2.

§ 1.

 The floors of garages and repair shops are level, impermeable and non-flammable.

 

§ 2.

The inhabited premises have at least one entrance that is independent of the garage, repair shops and appurtenances.

 

§ 3.

Driveways separated from the garages and repair shops by an open-air courtyard with a depth of at least 3 metres are not considered appurtenances for the application of paragraph 2.


Article 5.15.0.3.

 

Garages and repair shops are ventilated effectively, in such a way that their atmosphere can never become toxic or explosive. The necessary measures are taken if fuel vapours can be released.

 


Article 5.15.0.4.

§ 1.

The parking spaces for vehicles and trailers other than private cars, the garages and the repair shops may only be heated by means of appliances of which the location and use offer sufficient guarantees against any danger of fire or explosion.

 

§ 2.

Fire extinguishers in good condition are placed in the premises specified in paragraph 1, near the workstations and exits.

 

§ 3.

The escape doors of the premises specified in paragraph 1 open to the outside, and passages are kept free of all obstacles.


Article 5.15.0.5.

§ 1.

[...]

 

§ 2.

In car parks, in garages and in repair shops it is prohibited:

to stack highly flammable substances or products identified by the GHS02 danger pictogram according to the CLP Regulation, except for dangerous liquids of group 2;

to store cans containing or having contained petrol.

 

§ 3.

[...]

 

§ 4.

[...]


Article 5.15.0.6. Translation not available

Article 5.15.0.7. Translation not available

Article 5.15.0.8.

The recovery of fluorinated greenhouse gases from air-conditioning equipment in motor vehicles that fall within the scope stated in Article 1 of Commission Regulation (EC) No 307/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, minimum requirements for training programmes and the conditions for mutual recognition of training attestations for personnel as regards air-conditioning systems in certain motor vehicles containing certain fluorinated greenhouse gases may only be carried out by a recognised technician for air-conditioning equipment in certain motor vehicles as stated in Article 6, 2°, i) of the VLAREL.

 

Subparagraph 1 does not apply to a person in possession of a registration certificate for training to obtain the certificate as stated in Article 17/5, 2° of the VLAREL, provided the recovery is carried out under the supervision of a recognised technician for air-conditioning equipment in certain motor vehicles. This exemption 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 air-conditioning equipment in certain motor vehicles as stated in Article 6, 2°, i) of the VLAREL. The person concerned must produce proof of registration at the request of the competent supervisor.


Article 5.15.0.9.

§ 1. Water consumption

For automatic bus or truck washes with a gross water consumption of more than 1,500 m³ per year: the washing installation is fitted with a purification or recycling unit that reuses at least 70% of the total flow rate of washing and rinsing water in the washing installation.

 

For automatic car wash installations, in the form of a roll-over car wash or a pull-along car wash, with a gross water consumption of more than 1,500 m³ per year: the washing installation is fitted with a purification or recycling unit that limits the supply of fresh water in the form of mains, groundwater or rainwater to a maximum of 80 litres per vehicle that is washed.

 

§ 2.

To the greatest possible extent, maximum use is made of rainwater as fresh water.


Article 5.15.0.10.

Waste water from establishments meant in section 15.4 of the classification list.

Before they are discharged, all polluted waste waters are collected and removed to a sedimentation and hydrocarbon removal installation. If the water is discharged into surface water, it is also fitted with a coalescence filter. The hydrocarbon separators are emptied and cleaned as frequently as necessary to guarantee their good working order. The waste materials produced are collected by a duly registered collector, waste trader or broker. To that end the operator inspects the separator every 3 months, and keeps a logbook of these inspections.


Article 5.15.0.11. For establishments licensed before 1 January 2012, the requirements specified in Articles 5.15.0.9 and 5.15.0.10 apply from 1 January 2017.

Chapter 5.16.
Treatment of gases


Section 5.16.1.
Common provisions


Article 5.16.1.1.

§ 1.

The provisions of this chapter apply to the establishments meant in section 16 of the classification list.

 

§ 2.

Only the following containers may be filled, by means of a transportable receptacle or tanker, with liquefied gases in groups 1, 2 or 3 as specified in paragraph 4:

fixed tanks at the place indicated in the report or licence application.

the mobile receptacles in the establishments for the non-domestic filling of mobile receptacles, classified in section 16.4 of the classification list.

 

§ 3.

The following regulations must be followed in relation to the storage of gases:

gases may not be stored outside their designated storage area;

the necessary precautions are taken to prevent gases from coming into contact with each other or with other substances as a result of which:

a)

dangerous chemical reactions can occur;

b)

gases can react with each other to form harmful or dangerous gases and vapours;

c)

gases combine to cause explosions and/or fires.

 

 

§ 4.

For the purposes of this chapter, the dangerous gases are arranged in one of the following four groups, with the GHS02 danger pictogram taking priority over the GHS06 danger pictogram, the GHS02 and GHS06 danger pictograms taking priority over the GHS03 danger pictogram and the GHS02, GHS06 and GHS03 danger pictograms taking priority over all other danger pictograms:

Group 1:    gases identified by the GHS02 danger pictogram;

Group 2:    gases identified by the GHS06 danger pictogram;

Group 3:    gases identified by the GHS03 danger pictogram;

Group 4:    other gases not meant in points 1° up to and including 3°.


Article 5.16.1.2.

§ 1.

In rooms or in areas where gases identified by the GHS02 danger pictogram according to the CLP Regulation are produced, stored [...] or treated, the necessary measures must be taken to prevent the build-up of dangerous electrostatic charges.

 

§ 2.

The rooms or areas meant in §1 may only be heated by systems of which the placement and operation offer sufficient guarantee against the danger of fire and explosion. Heating systems are so placed that they do not excessively heat the walls of stored gas containers.

 

§ 3.

In the rooms or areas specified in §1:

it is prohibited to start a fire or use a system which produces a naked flame or can generate sparks, save for the purposes of maintenance and construction and then only on condition that the precautionary measures advised by the operator or his/her representative have been taken. If flammable gases according to with the CLP Regulation are indeed present, the proportion of flammable gas in the work zone is kept below one-fifth of the lowest flammability limit. This proportion must be checked continually for the duration of the work;

it is prohibited to smoke; notice of this smoking ban must be posted on the outer face of the entrance doors and inside the rooms; the smoking ban need not be indicated if the room or area lies within a larger smoke-free zone; in this case, the smoking ban is posted on all entrances to the smoke-free zone;

the stacks and discharge pipework used to transport extracted vapours and mists must be made of non-flammable materials;

it is prohibited to enter the area by vehicle unless this is necessary for the purpose of loading and unloading, maintenance and/or construction, and then only on condition that the precautionary measures advised by the operator or his/her representative have been taken;

the storage of flammable substances is prohibited within 5 m of the production/storage/treatment of the [...] gases identified by the GHS02 danger pictogram according to the CLP Regulation;

except for compressed [...] gases identified by the GHS02 danger pictogram according to the CLP Regulation that are lighter than air, cesspools or connections to the sewage system are prohibited, unless fitted with a properly functioning air eliminator.

 

Notice of the presence of flammable substances, the smoking ban, and the naked flame ban must be given by clearly visible pictograms of the type specified in the Royal Decree of 17 June 1997.

 

§ 4.

It is prohibited to store gases identified by the GHS02 danger pictogram according to the CLP Regulation in any location within the establishment where temperatures may exceed 40°C as a result of heat generated by technological means.


Article 5.16.1.3.

The provisions of this chapter on the construction of pressure equipment, pressure testing and safety accessories for pressure equipment are considered to be met in the case of pressure equipment or assemblies which have an EC declaration of conformity and also carry a CE marking, unless the EC declaration was made by a user testing service.

 

In the case of pressure equipment or assemblies carrying an EC declaration of conformity, the legal provisions relating to marking and labelling must also be followed, including after commissioning of the equipment.


Article 5.16.1.4.

§ 1.

As a normal responsible person, the operator takes all necessary measures to ensure that in the event of repair, leakage, escape through a safety valve, etc., the escaping gas does not constitute a hindrance to the neighbouring environment, or pollute air, soil, surface water or groundwater. If necessary, escaping gas must be evacuated to a suitable place via pipes.

 

§ 2.

The evacuation pipework of a safety valve:

must be of such a size that the safety valve capacity remains in accordance with the manufacturer's guidelines;

must be constructed from a material which is resistant to the mechanical and chemical effects to which it is exposed;

may not be able to close if the safety valve is in operation;

must be protected against blockage and rainwater infiltration.

 

§ 3.

If gases identified by the GHS02 danger pictogram according to the CLP Regulation are evacuated through a safety valve to the open air, the following rules apply to the outlet:

if, within a radius of 5 m from the outlet, there is a ventilation and/or air supply opening belonging to a building or space in which gas might accumulate, the evacuation pipework must discharge at a height of at least 3 m above ground level and be at least 1 m higher than this building;

the outlet is positioned in a safe place at least 1 m away from any source of ignition (including electrical equipment which is not protected against explosion);

the outlet must be at least 1 m away from the paved area of any site which is open to the public;

the outlet must be located in a sufficiently ventilated place at which there can be no accumulation of gas.

 

Other configurations are permissible on condition that they are considered by an environmental expert in the discipline of containers of gases or dangerous substances as being equally safe for the environment, given the nature of the gas and the environment.


Article 5.16.1.5.

§ 1.

Electrical installations, systems and lighting must meet the requirements of the Regulations on Well-being at Work and the General Regulation on Electrical Equipment (AREI), in particular the Articles concerned with spaces where an explosive atmosphere can occur.

 

§ 2.

The installation must meet the conditions of the Royal Decree of 26 March 2003 concerning the welfare of workers who may be at risk from explosive atmospheres.

 

§ 3.

[...]

 

At installations in which gases identified by the GHS02 danger pictogram according to the CLP Regulation are present, the tanks, metal supports, sections of pipes linked by expansion joints and all other metal components must be kept permanently at the same electrical potential. To this end these elements are connected to each other by a system of efficient conductors. Other systems offering a similar level of security can be permitted by an environmental expert in the discipline of containers for gases or dangerous substances.

 

§ 4.

The operator keeps every test certificate relating to the electrical installation and, if applicable, the zoning plan available for perusal by the environmental expert in the discipline of containers for gases or dangerous substances and the supervisor, and does so at least until the second consecutive similar test certificate is available.


Article 5.16.1.6.

§ 1.

The following provisions apply to the installation pipework for compressed, liquefied or dissolved gases in fixed tanks:

the pipes and their connectors are made from tubes for which the properties are compatible with the pressure and temperature conditions and the fluid transported; when used for commercial liquid propane, commercial butane or mixtures thereof, they must be made from readily weldable steel in conformity with a standard intended for pressurised gases; use may also be made of another material which offers the same properties;

the maximum working pressure in fixed pipework is calculated as follows:

 

a)

for elements in contact with non-expanded gases (liquid and/or gaseous phase), except for liquefied commercial propane, commercial butane or mixtures thereof, the maximum permissible working pressure is at least equal to the maximum working pressure of the connected tank, plus the overpressure caused by any compressors and pumps;

 

 

1)

the maximum working pressure for commercial liquid propane, commercial butane or mixtures thereof is the value given in Appendix 5.16.4 plus the highest overpressure that can be caused by any compressors or pumps;

 

 

2)

for the remaining gases, the maximum permissible working pressure is at least equivalent to the maximum working pressure of the tank, plus the overpressure caused by any compressors and pumps;

 

b)

for elements in contact with the expanded gas: the maximum pressure that can occur after this expander;

maximum permissible pressure (PS) requirements and replacement intervals for flexible fixed hydraulic hoses and their connectors:

 

a)

must either be designed and manufactured to withstand a pressure of:

 

 

1)

4 times the maximum working pressure for pipes with a nominal size (DN) less than 65;

 

 

2)

3 times the maximum working pressure for pipes with a nominal size (DN) equal to or greater than 65;

 

 

such hoses must be replaced by new hoses at least five years after installation;

 

b)

or they may be designed and manufactured to withstand a lower pressure if they are replaced more frequently, or automatically decommissioned after a specified number of operating hours; this method may only be used if an environmental expert in the discipline of containers for gases and dangerous substances gives his/her approval and explicitly specifies the pressure and replacement signal in the certificate delivered;

 

c)

or the manufacturer's instructions are followed strictly; this method may only be used if an environmental expert in the discipline of containers for gases and dangerous substances gives his/her approval and explicitly specifies the instructions, pressure and replacement signal in the certificate delivered;

 

d)

or, finally, a code of good practice may be followed; this method may only be used if an environmental expert in the discipline of containers for gases and dangerous substances gives his/her approval and explicitly specifies the code of good practice, pressure and replacement signal in the certificate delivered.

after assembly, hoses, connectors and fixed pipework are pressure tested at 1.4 times the maximum working pressure and at a minimum of 300 kPa; this test is carried out in such a way as to give the most accurate possible measure of leakage and deflection and identify any faults which are likely to affect safety;

 

subject to agreement by an environmental expert in the discipline of containers for gases and dangerous substances, hydrostatic pressure tests can be replaced by gas testing at a pressure of 1.2 times the maximum working pressure on condition that the pipes were hydrostatically tested by the manufacturer at a pressure of at least 1.5 times the maximum working pressure; this test is to be repeated at least every year on discharge hoses and their liquid phase connectors; it is carried out at the maximum working pressure;

the necessary measures are taken to prevent pressure from building up in the liquid phase pipes in excess of 20% above the PS pressure for the pipes;

 

The environmental expert in the discipline of containers for gases and dangerous substances can permit other measures to prevent an unsafe situation caused by overpressures.

 

 

§ 2.

All components of the installation, such as stop cocks, expanders, shut-off valves, valves, hoses and seals are designed and manufactured for use with the gas used.

 

§ 3.

With reference to pipes and hoses for liquid commercial propane, commercial butane or mixtures thereof stored in fixed uncooled containers, the provisions above and the provisions of Article 5.16.1.7 are however, in respect of elements which come into contact with expanded gas, be replaced with the NBN D 51-006 standard "Installation pipework for commercial butane or propane in the gaseous phase at a maximum operating pressure of 5 bar and placing of consumer appliances".

 

§ 4.

The provisions of paragraphs 1 up to and including 3 apply to installations installed after 1 January 2009.


Article 5.16.1.7. [...]

Article 5.16.1.8. Translation not available

Article 5.16.1.9.

§ 1.

The certificate specified in Article 5.16.1.8 contains:

a detailed list of all checks and examinations carried out by the environmental expert in the discipline of containers for gases and dangerous substances and all relevant observations;

if he/she has decided to perform a pressure resistance test, his/her reasons for this decision;

an unequivocal decision that:

 

a)

the installation does or does not meet the sectoral conditions established in Chapter 5.16 of Title II of the VLAREM, the special licence conditions, and all other requirements designed to guarantee the proper and safe operation of the installation;

 

b)

the sound operation of the installation is or is not prejudiced by its set-up, by the planned operating conditions or by any other visible fault;

in the event of a fault: whether or not the installation may be commissioned and if so, the period within which these faults must be resolved, as well as any precautionary measures which the operator must take in order to guarantee an acceptable level of safety in the meantime;

where no instructions for use are provided, a summary of the required safety fittings and maintenance procedures;

the period within which the establishment must be re-inspected with a view to remaining in service, taking into account the maximum periods established in this section.

 

§ 2.

The operator keeps every certificate issued pursuant to this section by the environmental expert in the discipline of containers for gases and dangerous substances available for perusal by the supervisors and does so until at the least the second consecutive similar test certificate is available.

 

§ 3.

In cases where examinations by an environmental expert in the discipline of containers for gases and dangerous substances are required according to this section, the installations in question may only be commissioned or remain in operation if the certificate shows that proper and safe operation of the installation is guaranteed, or, if faults were detected, the necessary measures have been taken to resolve these faults within the period specified in the certificate and the precautionary measures specified in the certificate have been taken in order to guarantee an acceptable level of safety in the meantime.

 

§ 4.

Every repair of a tank, change of a tank or welding of accessories to a gas tank which is subject according to this section to examinations by an environmental expert in the discipline of containers for gases and dangerous substances requires the prior written permission of an environmental expert in the discipline of containers for gases and dangerous substances. This environmental expert informs the operator in writing of the safety measures to be taken in relation to these works.

 

§ 5.

In the case of installations subject to licensing and notification licensed or notified on 1 January 2009 for which no certificate of examination by an environmental expert in the discipline of containers for gases and dangerous substances was required according to the regulations of this section as they stood on 1 January 2008, the examination by an environmental expert in the discipline of containers for gases and dangerous substances specified in this chapter must be carried out for the first time at the latest on 1 January 2011.

 

For the above-mentioned installations that also do not meet the conditions specified in this chapter regarding the construction of pressure equipment, leak-tightness tests and the safety devices of pressure equipment, these conditions are replaced by the following provisions: with a view to the initial examination, the operator of the installation sends to the recognised environmental expert all documents on the basis of which the safety of the installation can be assessed; if no such documents are available, the recognised environmental expert proceeds with a thorough examination of the installation and any other checks he/she considers necessary.

 

Certificates which were current on 1 January 2009 in relation to an examination by an environmental expert in the discipline of containers for gases and dangerous substances and which were required according to the regulations in this chapter as they stood on 1 January 2008 remain in force until the date given on the certificate; where a certificate does not specify a date, it remains in force according to the regulations as they stood on 1 January 2008 for the remainder of the certificate's validity.


Section 5.16.2.
Production or conversion of gases


Subsection 5.16.2.1.
General provisions


Article 5.16.2.1.1.

This subsection applies to the establishments meant in sections 16.1, 16.2 and 16.6 of the classification list.

 

Unless, subject to EU Regulation no. 1005/2009 of 16 September 2009 on substances that deplete the ozone layer, it is specified otherwise in the environmental licence, all production and use of the following substances is prohibited:

chlorofluorohydrocarbons;

other fully halogenated chlorofluorohydrocarbons;

halons;

carbon tetrachloride;

1,1,1-trichloroethane;

bromofluorohydrocarbons;

bromochloromethane

Article 5.16.2.1.2. Vapours, mists and waste gases, excluding oxygen gas, are collected where they originate and where necessary removed to a waste gas treatment installation.

Subsection 5.16.2.2.
Production of biogas by fermentation


Article 5.16.2.2.1. This subsection applies to the production of biogas with one or more fermenters.

Article 5.16.2.2.2. Translation not available

Article 5.16.2.2.3.

§ 1.

The biogas storage site is fitted with overpressure protection (with an overpressure valve, a water seal or equivalent technology).

 

§ 2.

For the fermenter or fermenters, whereby the total production capacity of biogas exceeds 50 Nm³/h, the fermenter is fitted with a flare or equivalent installation. For establishments licensed before 1 July 2014, the requirements specified in paragraph 1 apply from 01 June 2017.

 

§ 3.

The operator checks the function of the overpressure protection on a regular basis. With a water seal, the operator tops up the water when necessary to prevent the water seal from breaking down.


Article 5.16.2.2.4.

Each fermenter present is constructed according to good engineering practices under the supervision of and according to the directions of an architect, a civil engineering architect, a civil structural engineer or an industrial architectural engineer or a person with an equivalent qualification. For installations licensed from 1 July 2014, once construction is complete, the above-mentioned expert draws up a certificate demonstrating that the construction work was carried out in accordance with good engineering practices. This certificate is kept available for perusal by the supervisor.

.


Article 5.16.2.2.5. Translation not available

Article 5.16.2.2.6. Translation not available

Article 5.16.2.2.7. An emission limit value for ammonia of 10 mg/Nm³ at a mass flow of 150 g/h or more applies for the extracted ventilation air of fermenters. The concentration of ammonia is measured every 3 months. For establishments licensed before 1 July 2014, the requirements specified in this Article apply from 1 July 2017.

Section 5.16.3.
Installations for the physical treatment of gases


Article 5.16.3.1. The provisions of this section apply to the establishments as meant in subsection 16.3 of the classification list.

Article 5.16.3.2. Air compressors

§ 1.

The provisions of this Article apply to air compressors, as an assembly or as an on-site assembled system, containing a pressure vessel, whereby the product of permissible pressure (PS) and volume (V) is greater than 3,000 bar.litres, provided the permissible pressure (PS) is more than 4 bar higher than normal atmospheric pressure (1013 mbar), or for which the PS is greater than 3,000 bar.

 

§ 2.

Air compressors must meet the following conditions:

the construction of the pressure vessel, safety fittings and pressurised parts of the pressure vessel meet a code of good practice accepted by an environmental expert in the discipline of containers for gases or dangerous substances;

each pressure vessel has undergone a hydrostatic pressure test; the test must be so carried out and certified that it can be considered equivalent to the test specified in Article 5.16.1.8, §1, 6°;

each pressure vessel carries a plate bearing the name of the manufacturer, the number of the pressure vessel, the year of manufacture, the maximum permissible pressure (PS), the volume (V) and the test pressure.

 

§ 3.

Pressure vessels are fitted with the following safety fittings:

one or more safety valves which operate at a temperature lower than or equal to the PS and which prevent the pressure in the vessel from exceeding this PS by more than 10%;

a clearly visible manometer having a well marked scale to show the PS;

a manostat which shuts off the compressor motor once this pressure is reached, unless the installation is so constructed that the pressure in the tank can be raised no higher than the PS;

a purging tap;

an inspection opening according to the minimum number of inspection openings for cylindrical tanks given in the table below:

 

internal diameter (Di) in mm

length of the cylindrical section L in mm

type, arrangement and number of inspection openings

Di ≤ 300

 

1 small peephole in each base. Where L > 1000 mm an added, large peephole is provided (1).

300 < Di ≤ 450

L ≤ 1500

2 large peepholes, near or in the base or 1 hand hole (1) in the central 3rd of the cylindrical section.

 

L > 1500

a hand hole near each base or in the bases. If the distance between 2 hand holes is greater than 1500 mm, an added hand hole is provided (1).

450 < Di ≤ 800

L ≤ 1500

2 large peepholes, near or in the base or 1 hand hole (1) in the central 3rd of the cylindrical section.

 

1500 < L ≤ 3000

1 head opening in the central 3rd of the cylindrical body or a hand hole near each base or in each base. If the distance between 2 hand holes is greater than 1500 mm, an added hand hole is provided (1).

 

L > 3000

The number of inspection holes shall be increased so that the distance between 2 head openings does not exceed 3000 mm and that between 2 hand holes does not exceed 2000 mm; Hand holes shall be located in the cylindrical section near each base or in each base and in the central 3rd of the cylindrical body.

800 < Di ≤ 1200

L ≤ 2000

1 head opening in the central 3rd of the cylindrical body or a hand hole in the cylindrical section near each base or a hand hole in each base or 1 manhole.

 

L > 2000

The same inspection openings as in the case Di < 800 and L > 3000, 1 manhole.

Di > 1200

-

1 manhole

 

 

(1) peepholes must be so placed that they give a view of the longitudinal seam (seams). The following definitions apply to the concepts used in the table above:

• peephole

- small peephole: opening with an internal diameter ≥ 30 mm and raised edge ≤ internal diameter;

- large peephole: opening with an internal diameter ≥ 50 mm and raised edge ≤ internal diameter

• hand hole: opening allowing passage of a hand and lamp

dimensions: minimum 80 x 100 mm (internal)

raised edge ≤ 65 mm

raised edge ≤ 100 mm when conical.

• head hole: opening allowing passage of head, arm and lamp.

dimensions: minimum 220 x 320 mm or diameter 320 mm (internal)

raised edge ≤ 65 mm

raised edge ≤ 100 mm when conical.

• manhole: opening allowing passage of a person.

dimensions: minimum 320 x 420 mm or diameter 420 mm (internal)

raised edge ≤ 150 mm

raised edge ≤ 100 mm when conical.

 

§ 4.

When commissioned, an air compressor must be tested by an environmental expert in the discipline of containers for gases and dangerous substances. Air compressors are also periodically tested in accordance with Article 5.16.1.8, §2 by an environmental expert in the discipline of containers for gases and dangerous substances to ensure the maximum safety of the neighbouring environment.

 

In the case of installations subject to licensing and notification, which were licensed or notified on 1 January 2009, the transitional provision in Article 5.16.1.9, §5 apply.


Article 5.16.3.3. Refrigeration installations

Translation not available

Article 5.16.3.4. Installations for the physical treatment of gases other than air compressors and refrigerant installations

§ 1.

The provisions of this Article apply to the following installations, in which vapour pressure at maximum permissible temperature exceeds normal atmospheric pressure (1013 mbar) by more than 0.5 bar:

installations containing pressure vessels above the following limits:

 

a)

in the case of pressure vessels for group 2 or group 4 gases, when the maximum permissible pressure PS is greater than 1000 bar or when the product of PS and V is greater than 1000 bar.l;

b)

in the case of pressure vessels for other gases, when PS is greater than 200 bar or when the product of PS and V is greater than 200 bar.l;

installations containing installation pipework above the following limits:

 

a)

in the case of group 2 or group 4 gases, when the nominal size DN is greater than 250 and the product of PS and DN is also greater than 5,000 bar;

 

b)

in the case of other gases, when DN is greater than 100 and the product of PS and DN is also greater than 3,500 bar or when DN is greater than 350;

 

§ 2.

The installations must meet the following conditions:

 

the construction of the pressure equipment meets a code of good practice accepted by an environmental expert in the discipline of containers for gases and dangerous substances;

or construction is supervised by an environmental expert in the discipline of containers for gases and dangerous substances. Or supervision of the construction is certified by a listed authority.

each pressure vessel carries a plate bearing the name of the manufacturer, the number of the pressure vessel, the year of manufacture, the maximum permissible pressure (PS), the volume (V) and the test pressure.

 

 

 

§ 3.

The following safety fittings must be provided:

1° 

if the permitted limits of a pressure vessel can be exceeded under reasonably foreseeable conditions, the pressure vessel must be fitted with appropriate safety fittings unless safety is guaranteed by other safety provisions incorporated in the installation. These safety provisions and combinations thereof comprise:

 

a)

the safety fittings;

 

b)

control mechanisms appropriate to the case, such as gauges and/or alarm equipment through which adequate measures can be taken automatically or manually to keep the pressure equipment within tolerable limits;

if necessary, the pressure equipment is fitted with adequate discharge and ventilation systems to:

 

a)

prevent harmful effects, such as water shock, collapse under vacuum, corrosion and uncontrolled chemical reactions; all phases of use and testing, i.e., pressure testing, must be adhered to;

 

b)

enable cleaning, inspection and servicing in complete safety;

Where needed to ensure the continued safety of the pressure equipment, the inspection openings according to Article 5.16.3.2, §3, 5° must be present. Other means may be used to establish that the pressure equipment is safe:

 

a)

if the equipment is too small to allow physical access to the interior;

 

b)

or if opening the pressure equipment would have a detrimental effect on the interior;

 

c)

or if it is demonstrated that the substance present in the equipment is not harmful to the material from which the equipment is constructed and another process of internal degradation is not reasonably to be expected.

 

 

§ 4

When commissioned, an installation must be tested by an environmental expert in the discipline of containers for gases and dangerous substances. The installation is also periodically tested in accordance with Article 5.16.1.8, §2 by an environmental expert in the discipline of containers for gases and dangerous substances to ensure the maximum safety of the neighbouring environment.

 

In the case of installations subject to licensing and notification, which were licensed or notified on 1 January 2009, the transitional provision in Article 5.16.1.9, §5 apply.


Section 5.16.4.
Non-domestic filling of mobile receptacles and filling of motor vehicles with LPG


Subsection 5.16.4.1.
General provisions


Article 5.16.4.1.1. The provisions of this section apply to the establishments as meant in subsection 16.4 of the classification list.

These provisions do not apply to the loading and unloading of road tankers, rail tankers and cargo tanks.

Article 5.16.4.1.2.

Article 5.16.4.1.3 does not apply to establishments for the filling of motor vehicles.

 


Article 5.16.4.1.3. Sprinkler installation

Translation not available

Subsection 5.16.4.2.
Mobile receptacles


Article 5.16.4.2.1.

Mobile receptacles filled or intended to be filled with compressed gases, liquefied gases or gases kept in solution, may not be filled:

over and above the permitted capacity;

with gases that do not meet the product requirements applicable for these receptacles.


Article 5.16.4.2.2. Without prejudice to the provisions of section 5.17.3.2, acetylene cylinders must, in the period immediately after filling, be placed under an awning or a shelter to protect them against direct sunlight.

Subsection 5.16.4.3.
Filling centres for mobile receptacles containing liquefied petroleum gases


Article 5.16.4.3.1. Filling station

§ 1.

For the implementation of the conditions below, it is assumed that the filling station is confined to the area determined by all of the points in space located at a distance of less than 3 metres from the ends of the pipes or the filling hoses, in all of their possible positions.

 

§ 2.

Any part of the space specified in § 1 which is separated by a solid wall with a height of 2.50 metres from the part of this space that contains the filling installations, does not form part of the filling station.

 

§ 3.

If the filling installation is placed under a shelter - whether or not this shelter is provided with a wall on one side - the filling installation is considered an open-air filling station.

 

§ 4.

The places where the degassing of the receptacles is performed and those where other special work which may cause gases to be released is carried out, plus a 3-metre wide safety zone around them, are subject to the same conditions as those applicable to the filling stations.

 

If such work is performed inside a room, the whole of that room is subject to the same conditions as those applicable to the filling stations.

 

§ 5.

The places where the pumps, compressors, various appliances and components are located are subject to the same conditions as those applicable to the filling stations. If these elements are fitted inside a room, the whole of that room is subject to the same conditions as those applicable to the filling stations.

 

If these elements are located in the open air, these regulations apply in the space determined by all of the points in space located at a distance of less than 1.50 metres from these elements and from any point where a gas leak might occur.

 

§ 6.

No storey whatsoever may be constructed above the filling station. The roof over the filling room is constructed with light materials.

 

§ 7.

If the filling station is located inside a room, this room must be ventilated appropriately. In the event of natural ventilation, apertures discharging to the open air are provided at floor level.

 

In the case of forced ventilation, the filling operations may only be performed when the mechanical ventilation system is running.

 

§ 8.

The filling station may not be used for any other purpose. Only activities which are indispensable for the proper operation of the installation are allowed.

 

§ 9.

The permanent storage of mobile receptacles at the filling station is prohibited.


Article 5.16.4.3.2. Stipulations of distance

§ 1.

The location and the layout of the filling station and of the filling installation prevent gas from remaining in the air, even locally.

 

§ 2.

Between the filling station on the one hand and the public highway and any adjacent properties on the other hand, a distance must be kept of at least 5 metres, measured in horizontal projection. This distance may be reduced to 3 m if there is a solid, gas-tight and non-flammable wall with a height of at least 2.5 metres between the filling station and the public highway or the adjacent property, as appropriate. This wall is built in such a way that the distance between the above-mentioned elements, measured in horizontal projection around this wall is at least 5 metres.

 

§ 3.

Furthermore, the filling station must be located at a distance of at least 3 metres from all places not subject to the ban on naked flames.


Article 5.16.4.3.3. Fencing

§ 1.

The filling stations and other spaces meant in Article 5.16.4.3.1. must be enclosed by a sturdy and non-flammable fence with a height of at least 2.50 metres. A smoking ban applies in the zone within this enclosure. It is also prohibited to enter the zone carrying incandescent objects, to light a fire or to leave wood, shavings or other easily flammable substances (including dry grass) lying within the enclosure.

 

§ 2.

Clearly visible notices concerning the smoking ban or the prohibition to light fires or to enter the zone without a valid reason related to the operation of the establishment are posted at all entrances to the zone meant in § 1. The above-mentioned entrances are equipped with doors that are kept locked outside the hours of operation.

 

§ 3.

All buildings within the zone meant in § 1 are made of non-flammable materials or at least in materials that do not spread the fire.

 

§ 4.

The holders, the metal supports, the different sections of the pipes and all metal parts are constantly be under the same electric potential. To this end these elements are connected to each other by a system of efficient conductors.

 

§ 5.

The enclosed zone meant in § 1 may only be entered by vehicles required for supply purposes, for the loading and unloading of the mobile receptacles or for indispensable work.


Article 5.16.4.3.4. Filling station floor

§ 1.

The base of the filling station consists of a non-flammable material that is inert regarding the material to be transferred and is constructed in such a way that the stability of the receptacles is ensured.

 

§ 2.

On the filling station floor only appliances strictly necessary for the filling and/or transfer operations may be placed. Only the supply receptacles necessary for the filling or transfer operations may be placed there. If the installation is an installation for the filling of receptacles with a water content capacity less than or equal to 1 litre, the total volume of these receptacles may under no circumstances exceed 500 litres.

 

§ 3.

The filling station floor must be completely horizontal and may not be connected to a lower-lying space. The manholes and drains are equipped with well-fitting solid covers. Each gully-hole and all connections between the drains from the filling centre and the sewer system outside are equipped with effective air traps.

 

§ 4.

The filling station floor must always be kept clean and all remains of rags, paper, wood, dry grass or other flammable elements must be removed.


Article 5.16.4.3.5. Installations

§ 1.

The filling installation and its safety appliances, pipework and seals are built according to a code of good practice and must be capable of withstanding the mechanical, thermal or chemical effects they may undergo during use, in such a way that the risk of gas emissions, fire and explosion is limited to a strict minimum.

 

In particular:

all elements of the immovable pipes that come or may come into contact with the liquid and/or the non-expanded gaseous phase must be designed and constructed in such a way that they are able to withstand a pressure which is at least equal to the holder's operating pressure increased by the overpressure caused by any compressors and pumps;

the pipes and couplings meant in point 1° must be made of steel with high weldability, compliant with a standard relating to compressed gases; other materials may also be used, on condition that they guarantee equivalent characteristics;

the flexible hoses and their couplings must be designed and constructed in such a way that they can withstand pressures up to:

a)

4 times the maximum operating pressure for pipes with a nominal diameter less than 65 mm;

b)

3 times the maximum operating pressure for pipes with a nominal diameter equal to or greater than 65 mm;

buried pipes are protected by a coating consisting of at least two layers of asphalt-soaked hemp linen plus a layer of hot asphalt or by any other type of coating with equivalent characteristics as regards protection against corrosion.

 

§ 2.

All necessary measures are taken to prevent pressures occurring in the pipes for the liquid phase that exceed the maximum operating pressure of the pipework by more than 20%.

 

§ 3.

All pipes, cross connections and other couplings must be made of sufficiently tough materials that must also be inert regarding the material to be transferred.

 

§ 4.

The immovable pipe system must be easily accessible. It must be fitted in such a way that it is protected against any accidental impact.

 

§ 5.

Without prejudice to the requirements of the General Regulation on Electrical Equipment (AREI) [...], the number of electrical appliances in the zone within less than 1.5 m of a filling installation for gases identified by the GHS02 danger pictogram according to the CLP Regulation must be limited to the absolute minimum. The electrical appliances and installations placed in this zone:

may not be capable of generating sparks;

must have a degree of protection of at least I.P. 44 according to the NBN-C20-001 standard; however, this regulation does not apply to equipment for spaces where danger of explosion exists;

must make use of a low-voltage power supply;

must be capable of being isolated completely from the dispensing unit by means of a general all-pole switch, which is accessible at all times and is located outside the zone in question.

 

 

§ 6.

Power connections and portable lamps may not be installed or used at the filling area.

 

§ 7.

All metal parts of the installation as well as the masses of the electrical equipment other than of class II are earthed according to the provisions of the General Regulation on Electrical Equipment (AREI)

 

§ 8.

A filling area must be equipped with a number of judiciously located gas detectors.

 

§ 9.

The filling installation must be designed in such a way that the filling is stopped automatically if a preset weight is exceeded.

 

§ 10.

An installation which checks the leak-tightness of each cylinder in accordance with the regulations provided for in Article 5.16.4.3.7., § 8., must be present.

 

§ 11.

At least the liquid outlet from the storage tanks must be equipped with shut-off valves that can be controlled remotely.


Article 5.16.4.3.6. Checks

§ 1.

Before it is commissioned, the installation - including its safety appliances, pipes and seals - must be inspected by an environmental expert in the discipline of appliances and installations under pressure and/or in the discipline of containers for gases or dangerous substances. In particular, after assembly the complete pipe system must undergo a pressure test at a pressure of at least 1.5 × the operating pressure.

 

For existing installations, the inspection meant in the first paragraph must be performed at the latest within a period of 12 calendar months after the date of this order coming into force.

 

§ 2.

Periodically, at least once per year, the installation - including its safety appliances, pipes and seals - must be checked for gas-tightness according to a code of good practice at the normal operating pressure. The protection against corrosion of aboveground pipes must also be inspected by an environmental expert in the discipline of appliances and installations under pressure and/or in the discipline of containers for gas or dangerous substances.

 

§ 3.

The recognised environmental expert compiles reports about the inspections meant in §1 and §2. These reports are kept available for perusal by the supervisor. The installation may only be commissioned or be continued to be operated, as appropriate, if it appears from these inspection reports that the conditions of these regulations have been observed and that the proper and safe operation of the installation is guaranteed.


Article 5.16.4.3.7. Filling operations

§ 1.

Each entrance to the enclosed zone meant in Article 5.16.4.3.3., each movement, each loading and unloading of vehicles is effected with the permission or under the supervision of the operator or of an authorised person designated in writing by the operator. This authorised person keeps himself/herself informed about the measures to be taken in the event of a fire or other incident and is always present during all filling, loading and unloading operations, to direct all operations at the establishment.

 

§ 2.

Receptacles with a fault regarding gas-tightness, a deformation or any damage whatsoever that may entail a risk may not be filled.

 

§ 3.

The filling or emptying of the tanks must take place in an appropriate manner and using suitable equipment.

 

§ 4.

Steps must be taken to prevent the knocking over or tipping over of the receptacles.

 

§ 5.

An adapted fire extinguisher with powder or carbonic acid anhydride must be placed near the filling installation.

 

§ 6.

Smoking or lighting a fire at a distance of less than 5 metres from the filling installation is prohibited. This prohibition must be indicated in a conspicuous manner on the outside of each entrance door to the enclosed zone meant in Article 5.16.4.3.3., either with clearly readable letters or with the regulatory pictograms.

 

§ 7.

Receptacles of which the inspection date has expired may not be filled.

 

§ 8.

After filling, the leak-tightness of the cylinder valve discharge tube and of the coupling between the valve and the neck of each gas cylinder must be checked, in order to be able to remove any cylinder that shows signs of leaking.


Subsection 5.16.4.4.
Filling stations for motor vehicles with LPG


Article 5.16.4.4.0. Translation not available

Article 5.16.4.4.1. Stipulations of distance

§ 1.

The location and the layout of the dispensing units and the filling area prevent gas from remaining in the air, even locally.

 

§ 2.

Between the dispensing units and the filling area on the one hand and the public highway and any adjacent properties on the other hand, a distance must be kept of at least 3 metres, measured in horizontal projection. This distance may be reduced to 1 metre if there is a solid, gas-tight and non-flammable wall with a height of at least 2.5 metres between the dispensing units and the filling area on the one hand and the public highway or the adjacent property, as appropriate. This wall must be built in such a way that the distance between the above-mentioned elements, measured in horizontal projection around this wall, is at least 3 metres.

 

§ 3.

Moreover, the dispensing unit and the filling area must be located at a distance of at least 3 metres from any windows, doors, and all other apertures to rooms designated as workshop, office, warehouse or residential building, as well as of any place which is not subject to the ban on naked flames.

 

§ 4.

It is prohibited to use road tankers as storage or supply tanks.

 

§ 5.

The supply to the LPG dispensing unit may only come from a permanent gas container.

 

§ 6.

The container and associated lines are arranged in such a way that they either cannot be driven into directly by a motor vehicle or are protected against being hit by motor vehicles in such a way that a leak from the container or associated lines is avoided.


Article 5.16.4.4.2. Filling area

§ 1.

The filling area, being the place where vehicles must wait while their tank is being filled, must be in the shape of a rectangle with a length of at least 5 metres and a width of at least 2 metres. This filling area must be marked clearly, e.g. by means of painted markings on the ground.

 

§ 2.

It is prohibited to fill cars and motor vehicles with LPG if the filling point does not lie in the filling area in accordance with §1.

 

§ 3.

The filling area must be in the open air. However, it may be located under a shelter.

 

§ 4.

At the filling area itself or in the 3-metre wide zone around the filling area and the dispensing units, gully-holes and gullies are prohibited, except when they are equipped with an air trap of which the working is guaranteed under all conditions.

 

If the dispensing units are equipped with a sump, it must be filled with dry sand.

 

§ 5.

The filling area must be sufficiently lighted.


Article 5.16.4.4.3. Zone with ban on naked flames

§ 1.

The zone with ban on naked flames comprises the filling area and a 3-metre wide strip around the filling area and the dispensing units. This zone extends to a height of at least 1 metre above the highest point of the pipes and parts of the installation containing liquefied petroleum gas. However, this height may in no case be less than 2.50 m.

 

§ 2.

In the zone meant in § 1 a smoking ban applies and it is prohibited to light a fire. The vehicles' engines must be stopped while their tanks are being filled.

 

§ 3.

The smoking ban specified in § 2 as well as the obligation to stop the vehicles' engine during the filling up must be posted in a clearly visible manner.

 

§ 4.

In the zone with ban on naked flames meant in § 1 it is prohibited to carry out any vehicle maintenance or repair work whatsoever.

 

§ 5.

The zone with ban on naked flames meant in § 1 must be kept clean and tidy, and free of rags, paper, wood, dry grass and other flammable materials.

 

§ 6.

The filling areas for liquefied petroleum gas and those for other engine fuels may have a single common zone with ban on naked flames.


Article 5.16.4.4.4. Dispensing units

§ 1.

Both as regards design as well as construction, the dispensing units must be suitable for the distribution of liquefied petroleum gas. They must be located in the open air. However, they may be located under a shelter.

 

§ 2.

The dispensing units must be placed:

along and at a maximum distance of 2 m from the larger axis of the rectangle marking off the filling area;

on a sufficiently firm island to which they are fixed so as to ensure proper functioning of the rupture member meant in § 5, and protected by posts of at least 70 cm in height; these measures do not apply to suspended dispensing units.

 

 

§ 3.

The gas supply pipe in the dispensing unit must be equipped with a manually operated valve and with a solenoid valve (9) of the type that is normally closed. These valves must be located upstream of the meter.

 

§ 4.

A restrictor is placed between the above-mentioned meter and the dispensing unit hose. This dispensing unit hose may be no longer than 7 m.

 

§ 5.

The filling hose is equipped with a safety device (e.g. a "breakaway") which breaks when the traction force exerted on the hose is too strong. This device is located between the flow limiter meant in § 4 and the nozzle. The above-mentioned safety device must be equipped with a cut-off valve, which stays in place and is actuated in the event of a hose breakaway. The necessary precautions are taken to prevent the distribution hose from becoming wrapped around the posts, thus preventing the breakaway from functioning.

 

§ 6.

The cubic capacity of the hose section downstream of the fuel nozzle at the end of the hose may be no greater than 20 cm³.

 

§ 7.

The nozzle must be capable of being locked to its suspension bracket.

 

§ 8.

The hoses of the dispensing unit must be capable of withstanding a pressure of at least four times the maximum operating pressure. Furthermore, these hoses must be kept in good condition and must be replaced if they are deformed or have any other fault whatsoever.

 

§ 9.

If the dispensing unit is located less than 3 metres from a petrol or diesel dispensing unit, the electrical installation of the petrol and diesel pumps must meet the conditions specified in Article 5.16.4.4.5.

 

§ 10.

In addition, the installations for the dispensing of liquefied petroleum gas must meet the following requirements:

a solenoid valve is placed upstream of the manually operated valve of dispensing unit's supply pipe; this solenoid valve is of the type that is normally closed; the closing or keeping in the closed position of this valve must under all conditions be possible from the control point;

the dispensing unit is activated by means of a push button or any other similar system on which the customer must exert continuous manual pressure to make the pump run and to keep the solenoid valve open; as soon as no more pressure is exerted, the pump stops and the solenoid valve closes;

the end valve of the nozzle is fitted with an automatic device that stops product flow if the nozzle is not connected to the fuel tank mouth or gets disconnected from it.

 

§ 11.

The numbers between brackets in this Article refer to figures 1 and 2 of appendix 5.16.6.2.


Article 5.16.4.4.5. Electrical installation

Without prejudice to the provisions of Article 5.16.1.2., the following provisions apply to the electrical installation at the establishment:

the number of electrical appliances in the zone with ban on naked flames must be limited to the absolute minimum; the degree of protection of the electrical equipment must be at least I.P. 44 according to the A.R.E.I.; however, this regulation does not apply to equipment for spaces where danger of explosion exists;

the electrical installation must make use of a low-voltage power supply;

a general all-pole switch, accessible at all times and located outside the zone with ban on naked flames, must enable the electrical installation to be isolated completely from the dispensing unit, with the exception of an intrinsically safe 12 V or 24 V control circuit;

power connections and portable lamps may not be installed or used at the filling area.

the electrical equipment of the dispensing unit is designed according to one of the methods of protection specified in Articles 106 and 107 of the General Regulation on Electrical Equipment (AREI) [...]; that part of the dispensing unit containing the meters may, however, be designed with ordinary material with a degree of protection of at least I.P. 44 if the part in question is hermetically separated from the lowest part of the unit housing the fuel supply and tank lines;

all metal parts of the installation as well as the masses of the electrical equipment other than of class II must be earthed according to the provisions of the A.R.E.I.;

during filling, an antistatic connection must be established between the dispensing unit and the vehicle.


Article 5.16.4.4.6. Protection against fire

[...]


Article 5.16.4.4.7. Filling operations

§ 1.

It is prohibited to fill the LPG tank of a vehicle registered in Belgium if the LPG installation in this vehicle does not meet the requirements of the Royal Decree of 9 May 2001 concerning the use of liquefied petroleum gases (LPG) to power motor vehicles. To meet these provisions, the operator or his/her representative can ask for the accompanying vehicle certificate meant in Article 10 of the above-mentioned Royal Decree to be produced.

 

In the case of self-service filling stations, this prohibition must be posted in a clearly visible manner in the vicinity of the dispensing unit.

 

§ 2.

Only LPG containers on board of motor vehicles and serving as fuel tank may be filled.

 

However, LPG tanks with a capacity less than or equal to 120 litres may be filled on condition that the following conditions are complied with:

the tanks are equipped with foot rests, a filling connection with double check valve, a gas phase outlet, a liquid level indicator, a safety valve and a test valve to verify the maximum filling;

the tanks may not be filled by self-service; they may only be filled by the operator himself/herself or by a well-informed appointee. The person performing the filling must first check that the tanks concerned are equipped with the above-mentioned features, that the tanks bear the inspection date and the verification stamp prescribed in Article 5.16.4.2.1., that the retest interval has not been exceeded and that these tanks clearly do not have a fautly seal or other abnormality which would indicate a higher risk.

 

 

§ 3.

The operator of the fuel station must be a qualified person, fully informed of the operation of the station and of the measures to be taken in case an incident occurs. The operator must make certain that his/her appointee also meets these requirements.

 

The operator or his/her representative must be permanently present in the fuel station during business hours and either carry out the filling operations himself/herself or supervise from the control cabin situated in the establishment. The operator organises the supervision in a way that guarantees that the filling operations can be stopped in case of irregularities.

 

§ 4.

The necessary measures are taken to make sure that vehicles cannot refuel at the fuel station in the absence of the operator or his/her appointee.

 

Outside the fuel station's operating hours, the switch described in Article 5.16.4.4.5., 3° must be in the "open" position.

 

§ 5.

At self-service installations, the activation of the dispensing unit may only be possible from the control point.

 

The use of the dispensing unit must automatically be reported in the control point, and it must be capable of being interrupted from the control point at all times - by the closure of the solenoid valve described in Article 5.16.4.4.4, §10, 1°.

 

If petrol or diesel oil dispensing units are located at less than 3 m from the LPG dispensing unit, their operation must also be capable of being interrupted from the control point.

 

§ 6.

 

At self-service installations, clear instructions with explanatory pictures must be posted in a conspicuous location where the customers can see them, both at the dispensing units and in the control point.

 

 

§ 7.

Clear and detailed safety and intervention instructions must at all times be posted at the control point of the fuel station.

 

§ 8.

No operating activity whatsoever may be performed while the installation is not in perfect working order.

 

§ 9.

It is prohibited to fill an LPG container and a diesel or petrol container at the same time from the same filling station.


Article 5.16.4.4.8. Repair and maintenance work

§ 1.

Any damage must be repaired as soon as possible.

 

§ 1bis.

Within the zoned areas, work is carried out in accordance with the safety requirements and conditions in the explosion protection document and the zoning plans. As soon as the above-mentioned safety requirements and conditions are derogated from, the work is subject to a prior risk analysis and the resulting measures included in the written instructions for those carrying out the work, for example in a work permit for dangerous work.

 

§ 2.

In the zone with ban on naked flames, any repair and maintenance work to the installation of the fuel station for which the use of open fire is required or whereby sparks may be generated, may only be carried out after the installation has been shut down, and insofar as the concentration of flammable gas in the work zone is less than a fifth of the lower flammability limit.

 

While the work is being carried out, this concentration must be monitored continuously.


Article 5.16.4.4.9. Checks

§ 1.

The fuel station for the refuelling of motor vehicles with liquefied petroleum gas may not be commissioned before the operator is in possession of a report delivered by an environmental expert for the discipline of appliances and installations under pressure and/or containers for gas or dangerous substances. This report certifies that the fuel station meets the conditions of these regulations. The recognised environmental expert draws up this report on the basis of inspections he/she performs himself/herself, or on the basis of such conclusive certificates drawn up by experts as the operator can present to him/her.

 

§ 2.

The verification by a recognised environmental expert of the compliance with these regulations is renewed at least every five years. An inspection must also take place after each major change to the installations concerned.


Article 5.16.4.4.10. Underground container or underground pipes

Translation not available

Article 5.16.4.4.11. Safety distance rules

Translation not available

Article 5.16.4.4.12.

Coupling of emergency stop systems of tankers and of the LPG station.

 

The LPG station is equipped with a coupling between the emergency stop system of the LPG station and the emergency stop systems of the tanker. The container may only be filled if both systems are connected. When the tanker's emergency stop is used, the emergency stop system for the LPG filling station is also activated, and vice versa.

 

By way of derogation from Article 3.2.1.1, dispensing installations licensed for the first time before 1 July 2014 meet the requirements of subparagraph 1 at the latest on 1 January 2019.


Section 5.16.5.
Storage in mobile receptacles

[...]


Article 5.16.5.1. General provisions

[...]


Article 5.16.5.2. Safety screen

[...]


Article 5.16.5.3. Layout of the storage sites

[...]


Article 5.16.5.4. Stipulations of distances to be observed for open storage sites

[...]


Article 5.16.5.5. Stipulations of distances to be observed for closed storage sites

[...]


Article 5.16.5.6. The construction of open storage sites

[...]


Article 5.16.5.7. The construction of closed storage sites

[...]


Article 5.16.5.8. Lighting

[...]


Article 5.16.5.9. Heating

[...]


Article 5.16.5.10. Electricity - Bans on smoking and open flame

[...]


Article 5.16.5.11. Access to the storage site

[...]


Article 5.16.5.12. Mobile receptacles

[...]


Section 5.16.6.
Storage sites for compressed gases, liquefied gases or gases kept in solution, stored in fixed tanks

[...]


Article 5.16.6.1. [...]

Article 5.16.6.2. Layout of the storage sites

[...]


Article 5.16.6.3. Stipulations of distances to be observed for storage sites of gases other than liquefied commercial propane, commercial butane or mixtures thereof stored in fixed uncooled containers

[...]


Article 5.16.6.4. The construction of containers for gases other than liquefied commercial propane, commercial butane or mixtures thereof

[...]


Article 5.16.6.5. Water pressure test

[...]


Article 5.16.6.6. Identification plate

[...]


Article 5.16.6.7. Certificate of approval

[...]


Article 5.16.6.8. Periodic examination of storage sites and containers

[...]


Article 5.16.6.9. The filling of the containers

[...]


Article 5.16.6.10. The electrical installation

[...]


Article 5.16.6.11. Pipework and hoses for liquefied commercial propane, commercial butane or mixtures thereof stored in fixed uncooled containers

[...]


Article 5.16.6.12. The repair of containers for liquefied commercial propane, commercial butane or mixtures thereof in fixed uncooled containers

[...]


Article 5.16.6.13. The enclosure around containers for liquefied commercial propane, commercial butane or mixtures thereof in fixed uncooled containers

[...]


Article 5.16.6.14. Protection against fire

[...]


Article 5.16.6.15. Maintenance

[...]


Article 5.16.6.16. The commissioning of the storage sites

[...]


Article 5.16.6.17. Existing storage sites

[...]


Section 5.16.7.
Natural gas dispensing units not accessible to the public ("home compressors") with a total capacity up to and including 20 Nm³/hour suction-side flow rate.


Article 5.16.7.1. The provisions of this section apply to the establishments meant in subsection 16.9. c) of the classification list.

Article 5.16.7.2.

The dispensing unit must be fitted in such a way that:

no nuisance is caused to the gas company supplying the gas or to other natural gas consumers;

no damage is caused to the internal pipework;

the proper operation of other appliances connected to the internal pipework is not adversely affected;

no sounds or vibrations are generated in the internal pipework.

on the inlet side it is equipped with a device which automatically switches off and locks the dispensing unit as soon as the pressure in the pipework upstream of the unit drops below an acceptable minimum.

 


Article 5.16.7.3. The outlet-side coupling of dispensing units is not allowed.

Article 5.16.7.4. The water content of the natural gas supplied to the vehicle may not exceed 30 mg/Nm³. If this condition is not met, a suitable gas drier must be used. The drier may not remove the odorant from the natural gas to any extent worthy of mention.

Article 5.16.7.5.

§ 1.

A dispensing unit must:

be placed on a built surface to prevent excessive stress in pipework and connection lines;

be accessible for maintenance and operation.

 

§ 2.

The location of a dispensing unit in the open air is allowed in places which are at least 1 m removed from doors or vents in walls.

 

[...]

 

§ 3.

The location of a dispensing unit inside an enclosed space is allowed, on condition that the blow-off valves are equipped with blow-off pipes as specified in Article 5.16.7.7, §7.

 

The determination of the danger zones is based on the regulations for a secondary source of danger. Criterion for the leak flow rate is the maximum mass flow possible through a hose or pipe used for the transport of compressed natural gas inside the space concerned.

 

If the appliance or the delivery point at the vehicle is in an enclosed space, this space is adequately ventilated and fitted with a suitable gas detection system. If gas is detected, the mains supply to the entire installation is cut, filling is stopped and the warning system is activated. The gas detection system is maintained according to the manufacturer's instructions.

 

§ 4.

If a dispensing unit and/or the delivery point is equipped with a covering, it must be constructed in such a way that no natural gas can accumulate underneath the covering.

 

§ 5.

The dispensing unit must be located and protected in such a way that it is safeguarded against mechanical damage.

 

The protection may include the installation of steel or concrete posts (bollard, crash barrier), driven into the ground, with a height of approximately 100 centimetres.

 

§ 6.

The reference temperature must be measured in a point such that no large differences in temperature can occur between the point where the reference temperature is measured and the location of the connected vehicle.

 

The supply pressure to the vehicle is determined on the basis of the reference temperature in such a way that at a temperature of 15°C the pressure in the vehicle's fuel tank is equal to 20 MPa (200 bar). The reference temperature is usually measured at the dispensing unit. If the vehicle is parked in a very cold location during the filling while the dispensing unit is not, there is a large temperature difference between the two locations. The natural gas is then filled into a cold tank (while it is being measured warm). If the vehicle then heats up (e.g. by sunshine), the pressure in the tank may rise and exceed the maximum level.


Article 5.16.7.6.

§ 1.

A smoking ban applies during the supplying of natural gas to a motor vehicle, and also the presence of any other form of open flame is prohibited. The vehicle's engine may not be running. The corresponding safety notices and signs must be placed in a clearly visible manner on or near the dispensing unit.

 

§ 2.

The supply of natural gas to the vehicle (the actual filling operation) is allowed only on condition that:

the vehicle, the dispensing unit and the filling hose are located on one and the same premises, and

at a place which is more than 3 metres from the boundary of the premises.

 

 

§ 3.

Filling in the open air is allowed in places which are at least 1 m removed from doors or vents in walls.

 

§ 4.

Filling in enclosed spaces is allowed:

in spaces with a volume of over 60 m³;

where the blow-off valves are equipped with a blow-off pipe specified in Article 5.16.7.7.§ 7.

The determination of the danger zones is based on the regulations for a secondary source of danger. Criterion for the leak flow rate is the maximum mass flow possible through a hose or pipe used for the transport of compressed natural gas inside the space concerned.


Article 5.16.7.7.

§ 1.

The connection on the outlet side of pipes, electric circuits or accessories is allowed only if it is done according to the manufacturer's instructions.

 

§ 2.

The pipework materials, connection methods and systems applied in the natural gas dispensing unit must be suitable for the purpose for which they are used and for the conditions (pressure, temperature, environment, etc.) in which they are used.

 

§ 3.

A dispensing unit must:

be located and protected in such a way that it is safeguarded against mechanical damage;

be fitted in such a way that if a vehicle drives away while the filling hose is still coupled to the vehicle, no damage is caused to the dispensing unit itself or to the pipework; in this regard, it is assumed that the breakaway functions satisfactorily.

 

 

§ 4.

A filling hose must:

be suitable for the transport of natural gas under a nominal pressure of 20 MPa (200 bar)(PN 250 or higher);

be equipped with a device ("breakaway") that automatically interrupts the flow of natural gas if a vehicle drives away while the hose is still coupled to the vehicle. The traction required to interrupt the flow of natural gas may not be more than 200 N, measured under the most unfavourable angle under which this force is applied to the hose with the hose under the supply pressure stress;

be fitted in such a way that the hose does not lie on the ground.

 

 

§ 5.

The filling hose must be equipped with a filling connection which only allows the fuel to flow after being coupled to the fuel tank. When the hose is uncoupled, the connection must first be relieved of all pressure before being capable of being uncoupled and the flow of gas must be interrupted automatically and immediately.

 

§ 6.

The emission of natural gas from the dispensing unit's blow-off valves must take place in a safe place in the open air and must meet the following conditions:

if a vent and/or air-intake opening to a building or a space where gas might accumulate is located within a radius of 5 metres from the blow-off valve, the blow-off valve must have an exhaust at a height of at least 3 metres above ground level and at least 1 metre higher than the building in question;

it is at least 1 metre removed from any sources of ignition (including non-explosion-proof electrical material);

it is at least 1 metre removed from the paved section of the part of the premises that is accessible to the public.

 

 

§ 7.

If a blow-off valve must be equipped with a blow-off pipe, this blow-off pipe must:

have such dimensions that the capacity of the blow-off valve is not limited any more than permitted according to the manufacturer;

be manufactured of mechanically resistant and non-flammable material;

not be capable of being locked;

be protected against blockages and the entry of water;

discharge into a sufficiently ventilated location where no gas can accumulate.

 


Article 5.16.7.8.

§ 1.

The operator keeps the results of the commissioning inspection available for perusal by the supervisor, until such time as the dispensing unit is removed. The operator keeps the results of the periodically prescribed measurements, inspections and checks available for perusal by the supervisor at least until the results of the next measurement, inspection or check of the installation are available.

 

§ 2.

The installation as a whole must be inspected as often as is required according to the information provided by the manufacturer. It must be inspected by an environmental expert in the discipline of containers for gases or dangerous substances at least once before it is commissioned and subsequently at least once every two years, according to the manufacturer's specifications. If any faults or defects are found during the inspection, repairs or a replacement must be carried out.

 

§ 3.

The filling hose(s) must be pressure-tested [...] at an effective pressure of 25 MPa (250 bars) at least [...] once every two years. If no faults or defects are found with this test and if no serious damage is found during visual inspection, the tested filling hoses may be used again.

 

If the dispensing unit has an automatic leakage test installation, the resistance test need only be performed once every [...] four years.


Article 5.16.7.9. The dispensing unit is only filled from the public natural gas pipeline network or a pipeline network for biogas upgraded to natural gas quality.

Section 5.16.8.
Establishments for the refuelling of motor vehicles with compressed natural gas or compressed biogas upgraded to natural gas quality, other than those specified in section 5.16.7


Article 5.16.8.1. Translation not available

Article 5.16.8.2. Translation not available

Article 5.16.8.3. The filling area

The filling area, which is the area for parking vehicles during refuelling, is located entirely on the site of the establishment.

 

The filling area is in the open air. Any roofing of the filling area is designed so that it is impossible for the gas delivered to accumulate.

 

The filling area is sufficiently lighted.


Article 5.16.8.4. The dispensing unit

Translation not available

Article 5.16.8.5. Stipulations of distance

Translation not available

Article 5.16.8.6. Safety provisions

Translation not available

Article 5.16.8.7. Operation of the natural gas dispensing installation

Only receptacles that in accordance with the applicable legislation are used as fuel tanks for the propulsion of motor vehicles powered by natural gas or biogas upgraded to natural gas quality may be filled in the natural gas dispensing installation.

 

Clear instructions with pictograms, including the notification that the dispensing unit is intended solely for the refuelling of suitable vehicles powered by natural gas or biogas upgraded to natural gas quality, are displayed in the natural gas dispensing installation so as to be clearly visible to the consumer.

 

A vehicle may only be refuelled with its engine switched off. The provisions of this paragraph are displayed in a clearly visible manner.

 

The operator provides an emergency plan that is agreed with the municipal safety unit. The instructions of the emergency plan are clearly displayed for the user at the natural gas station.


Article 5.16.8.8. Checks

The natural gas dispensing installation may only be commissioned once the operator is in possession of a certificate issued by an environmental expert recognised in the discipline of containers for gases or dangerous substances, [...], which clearly shows that the natural gas dispensing installation meets the conditions of this chapter. The recognised environmental expert draws up the certificate on the basis of inspections which he/she performs himself/herself, or on the basis of such certificates drawn up by other recognised environmental experts as the operator can present to him/her.

 

In accordance with Article 5.16.1.8, §2, the natural gas dispensing installation is periodically inspected by an environmental expert recognised in the discipline of containers for gases or dangerous substances, [...].

 

In the case of an unmanned natural gas dispensing installation, a visual inspection is carried out at least weekly by the operator or his/her representative.

 

Every twelve months, the distribution hoses are subjected to a pressure test at a pressure of at least 375 bar by an environmental expert recognised in the discipline of containers for gases or dangerous substances. For this test, the distribution hoses are removed from the dispensing unit, and may only be put back into service if the tests do not reveal any faults.

 

Without prejudice to the other provisions relating to periodic inspections included in chapter 5.16, the natural gas dispensing installation is subject to the inspection schedule as included in appendix 5.16.7. The drying installations are subject to an annual check by the operator or his/her representative.

 

The party carrying out the checks and inspections specified in subparagraphs 1 up to and including 6 issues a certificate. The operator keeps this certificate available for perusal by the supervisory authority.


Article 5.16.8.9. Transitional provisions

For establishments licensed before 1 January 2012, the requirements specified in this section apply from 1 January 2015.


Chapter 5.17.
THE STORAGE OF DANGEROUS PRODUCTS


Article 5.17.0.1. [...]

Section 5.17.1.
Common provisions


Article 5.17.1.1. Translation not available

Article 5.17.1.2.

§ 1.

Without prejudice to the obligations relating to establishments to which section 17.2 of the classification list applies, the operator of an establishment classified in category 1 must keep a register or alternative data medium in which, per group, at least the nature and quantities of the dangerous products stored are specified.

 

This information is stored in such a way that it is possible at any time to determine the quantities of dangerous products present on the site.

 

§ 2.

The register specified in paragraph 1 or the alternative data medium is kept available on site for the supervisor for a period of at least 1 month.


Article 5.17.1.3. Translation not available

Article 5.17.1.4. [...]

Article 5.17.1.5. [...]

Article 5.17.1.6. [...]

Article 5.17.1.7. [...]

Article 5.17.1.8. [...]

Article 5.17.1.9. [...]

Article 5.17.1.10. [...]

Article 5.17.1.11. [...]

Article 5.17.1.12. [...]

Article 5.17.1.13. [...]

Article 5.17.1.14. [...]

Article 5.17.1.15. [...]

Article 5.17.1.16. [...]

Article 5.17.1.17. [...]

Article 5.17.1.18. [...]

Article 5.17.1.19. [...]

Article 5.17.1.20. [...]

Article 5.17.1.21. [...]

Section 5.17.2.
Storage sites for aerosols


Article 5.17.2.1.

§ 1.

This section applies to establishments classified in section 17.1.1 of the classification list.

 

§ 2.

For the purposes of this section, the aerosols are arranged in one of the following four groups, with the GHS02 danger pictogram taking priority over the GHS06 danger pictogram, the GHS02 and GHS06 danger pictograms taking priority over the GHS03 danger pictogram and the GHS02, GHS06 and GHS03 danger pictograms taking priority over all other danger pictograms: 1°

Group 1:

aerosols identified by the GHS02 danger pictogram;

Group 2:

aerosols identified by the GHS06 danger pictogram;

Group 3:

aerosols identified by the GHS03 danger pictogram;

Group 4:

other aerosols not meant in points 1° up to and including 3°.

 


Article 5.17.2.2.

§ 1.

Aerosols are stored protected from the sun and not exposed to temperatures in excess of 50°C.

 

§ 2.

The storage site may not be set up in a basement, nor may the rooms above or below the storage site be occupied.

 

§ 3.

The floor of the storage site is resistant to the contents of the stored aerosols and is constructed in such a way that the stability of the storage of the receptacles is ensured. The floor of the storage site may not have any openings, or contain any cavities or gullies, except for the removal of rainwater if a hydraulically powered draingate or equivalent equipment is provided. These regulations also apply inside the zone delimited by the safety distances specified in Article 5.16.5.4.

 

§ 4.

Aerosols that may cause dangerous reactions if they leak may not be stored together. Alternatives that prevent leaking products that could react dangerously with each other from coming into contact are also allowed.

 

§ 5.

The storage site is inaccessible to unauthorised persons.


Article 5.17.2.3. Translation not available

Article 5.17.2.4. Translation not available

Article 5.17.2.5. Articles 5.17.2.3, §3 and 5.17.2.4 apply from 1 June 2018 to establishments for which the storage of aerosols was licensed on 1 June 2015.

Article 5.17.2.6. [...]

Article 5.17.2.7. [...]

Article 5.17.2.8. [...]

Article 5.17.2.9. [...]

Article 5.17.2.10. [...]

Article 5.17.2.11. [...]

Article 5.17.2.12. [...]

Section 5.17.3.
Storage sites for dangerous gases


Subsection 5.17.3.1.
General provisions


Article 5.17.3.1.1.

§ 1.

This section applies to the establishments meant in section 17.1.2 of the classification list.

 

§ 2.

Only the following containers may be filled with the group 1, 2 or 3 liquefied gases specified in paragraph 4 by means of a mobile receptacle or tanker:

the fixed tanks at the place indicated in the notice or licence application;

the mobile receptacles in the establishments for the non-domestic filling of mobile receptacles, classified in section 16.4 of the classification list.

 

 

§ 3.

The following regulations are followed in relation to the storage of gases:

gases may not be stored outside their designated storage area;

the necessary precautions are taken to prevent gases from coming into contact with each other or with other substances as a result of which:

 

a)

dangerous chemical reactions can occur;

 

b)

gases can react with each other to form harmful or dangerous gases and vapours;

 

c)

gases combine to cause explosions and/or fires.

 

§ 4.

For the purposes of this section, the dangerous gases are arranged in one of the following four groups, with the GHS02 danger pictogram taking priority over the GHS06 danger pictogram, the GHS02 and GHS06 danger pictograms taking priority over the GHS03 danger pictogram and the GHS02, GHS06 and GHS03 danger pictograms taking priority over all other danger pictograms: 1°

Group 1: gases identified by the GHS02 danger pictogram;

Group 2: gases identified by the GHS06 danger pictogram;

Group 3: gases identified by the GHS03 danger pictogram;

Group 4: the other gases not specified in groups 1 up to and including 3.

 


Article 5.17.3.1.2.

§ 1.

In rooms or in areas where gases identified by the GHS02 danger pictogram (group 1) are produced, stored or treated, the necessary measures are taken to prevent the build-up of dangerous electrostatic charges.

 

§ 2.

The rooms or areas specified in paragraph 1 may only be heated by systems of which the placement and operation offer sufficient guarantee against the danger of fire and explosion. Heating systems are so placed that they do not excessively heat the walls of stored gas containers.

 

§ 3.

In the rooms or areas specified in paragraph 1:

it is prohibited to start a fire or use a system which produces a naked flame or can generate sparks, save for the purposes of maintenance and construction and then only on condition that the precautionary measures advised by the operator or his/her representative have been taken. If gases identified by the GHS02 danger pictogram (group 1) are actually present, the proportion of flammable gas in the work zone is kept below one-fifth of the lowest flammability limit. This proportion must be checked continually for the duration of the work;

it is prohibited to smoke; notice of this smoking ban is posted on the outer face of the entrance doors and inside the rooms; the smoking ban need not be indicated if the room or area lies within a larger smoke-free zone; in this case, the smoking ban is posted on all entrances to the smoke-free zone;

the stacks and discharge pipework used to transport extracted vapours and mists are made of non-flammable materials;

it is prohibited to enter the area by vehicle unless this is necessary for the purpose of loading and unloading, maintenance and/or construction, and provided the precautionary measures advised by the operator or his/her representative have been taken;

the storage of flammable substances is prohibited within 5 m of the production/storage/treatment of gases identified by the GHS02 danger pictogram (group 1);

except in the case of compressed gases identified by the GHS02 danger pictogram (group 1), which are lighter than air, cesspools or connections to the sewage system are prohibited, unless fitted with a properly functioning air eliminator.

The presence of gases identified by the GHS02 danger pictogram (group 1), the smoking ban and the ban on lighting fires are indicated by clearly visible pictograms defined by Royal Decree of 17 June 1997.

 

 

§ 4.

It is prohibited to store gases identified by the GHS02 danger pictogram (group 1) in any location within the establishment where temperatures may exceed 40°C as a result of heat generated by technological means.


Article 5.17.3.1.3.

The regulations of this section on the construction of pressure equipment, leak-tightness testing and safety accessories for pressure equipment are considered to be met in the case of pressure equipment or assemblies which have an EC declaration of conformity and also carry a CE marking, unless the EC declaration was made by a user testing service.

 

In the case of pressure equipment or assemblies carrying an EC declaration of conformity, the statutory provisions relating to marking and labelling must still be followed after the equipment is commissioned.


Article 5.17.3.1.4.

§ 1.

As a normal responsible person, the operator takes all necessary measures to ensure that in the event of repair, leakage, escape through a safety valve, etc., the escaping gas does not constitute a hindrance to the neighbouring environment, or pollute air, soil, surface water or groundwater. If necessary, escaping gas is evacuated to a suitable place via pipes.

 

§ 2.

The evacuation pipework of a safety valve:

is of such dimensions that the required safety valve capacity remains available in accordance with the manufacturer's guidelines;

is constructed from a material that is resistant to the mechanical and chemical effects to which it is exposed;

may not be able to close if the safety valve is in operation;

is protected against blockage and rainwater infiltration.

 

 

§ 3.

If gases identified by the GHS02 danger pictogram (group 1) are evacuated through a safety valve to the open air, the following rules apply to the outlet:

if, within a radius of 5 m from the outlet, there is a ventilation and/or air supply opening belonging to a building or space in which gas might accumulate, the evacuation pipework discharges at a height of at least 3 m above ground level and be at least 1 m higher than this building;

the outlet is positioned in a safe place at least 1 m away from any source of ignition (including electrical equipment which is not protected against explosion);

the outlet is at least 1 m away from the paved area of any site which is open to the public;

the outlet is located in a sufficiently ventilated place at which there can be no accumulation of gas.

 

Other configurations are permissible on condition that they are considered by an environmental expert in the discipline of containers of gases or dangerous substances as being equally safe for the environment, given the nature of the gas and the environment.


Article 5.17.3.1.5.

 

 

§ 1.

Electrical installations, systems and lighting meet the requirements of the Regulations on Well-being at Work and the General Regulation on Electrical Equipment (AREI), in particular the Articles concerned with spaces where an explosive atmosphere can occur.

 

§ 2.

The installation must meet the conditions of the Royal Decree of 26 March 2003 concerning the welfare of workers who may be at risk from explosive atmospheres.

 

§ 3.

At installations in which gases identified by the GHS02 danger pictogram (group 1) are present, the tanks, metal supports, sections of pipes linked by flanges and all other metal components are kept permanently at the same electrical potential. To this end these elements are connected to each other by a system of efficient conductors. Other systems offering a similar level of security can be permitted by an environmental expert in the discipline of containers for gases or dangerous substances.

 

§ 4.

The operator keeps every test certificate relating to the electrical installation and, if applicable, the zoning plan available for perusal by the environmental expert in the discipline of containers for gases or dangerous substances and the supervisor, and does so at least until the second consecutive similar test certificate is available.


Article 5.17.3.1.6.

§ 1.

The following conditions apply to the installation pipes for dangerous gases:

the pipes and their connectors are made from tubes for which the properties are compatible with the pressure and temperature conditions and the fluid transported; when used for commercial liquid propane, commercial butane or mixtures thereof, they must be made from readily weldable steel in conformity with a standard intended for pressurised gases; use may also be made of another material which offers the same properties;

the maximum working pressure in fixed pipework is calculated as follows:

 

a)

elements in contact with non-expanded gases (liquid phase and/or gas phase):

 

 

1)

the maximum working pressure for commercial liquid propane, commercial butane or mixtures thereof is the value given in Appendix 5.16.4 plus the highest overpressure that can be caused by any compressors or pumps;

 

 

2)

for the remaining gases, the maximum permissible working pressure is at least equivalent to the maximum working pressure of the tank, plus the overpressure caused by any compressors and pumps;

 

b)

for elements in contact with the expanded gas: the maximum pressure that can occur after this expander;

maximum permissible pressure (PS) requirements and replacement intervals for flexible fixed hydraulic hoses and their connectors:

 

a)

are either designed and manufactured to withstand a pressure of:

 

 

1)

4 times the maximum working pressure for pipes with a nominal size (DN) less than 65;

 

 

2)

3 times the maximum working pressure for pipes with a nominal size (DN) equal to or greater than 65;

at the least, such hoses are replaced by new hoses five years after installation;

 

b)

or they may be designed and manufactured to withstand a lower pressure if they are replaced more frequently, or automatically decommissioned after a specified number of operating hours; this method may only be used if an environmental expert in the discipline of containers for gases and dangerous substances gives his/her approval and explicitly specifies the pressure and replacement signal in the certificate delivered;

 

c)

or the manufacturer's instructions are followed strictly; this method may only be used if an environmental expert in the discipline of containers for gases and dangerous substances gives his/her approval and explicitly specifies the instructions, pressure and replacement signal in the certificate delivered;

 

d)

or, finally, a code of good practice may be followed; this method may only be used if an environmental expert in the discipline of containers for gases and dangerous substances gives his/her approval and explicitly specifies the code of good practice, pressure and replacement signal in the certificate delivered.

after assembly, hoses, connectors and fixed pipework are pressure tested at 1.4 times the maximum working pressure and at a minimum of 300 kPa; this test is carried out in such a way as to give the most accurate possible measure of leakage and deflection and identify any faults which are likely to affect safety;

 

subject to agreement by an environmental expert in the discipline of containers for gases and dangerous substances, hydrostatic pressure tests can be replaced by gas testing at a pressure of 1.2 times the maximum working pressure on condition that the pipes were hydrostatically tested by the manufacturer at a pressure of at least 1.5 times the maximum working pressure; this test is to be repeated at least every year on discharge hoses and their liquid phase connectors; it is carried out at the maximum working pressure;

the necessary measures are taken to prevent pressure from building up in the liquid phase pipes in excess of 20% above the PS pressure for the pipes;

 

The environmental expert in the discipline of containers for gases and dangerous substances can permit other measures to prevent an unsafe situation caused by overpressures.

 

§ 2.

All components of the installation, such as stop cocks, expanders, shut-off valves, valves, hoses and seals are designed and manufactured for use with the gas used.

 

§ 3.

With reference to pipes and hoses for liquid commercial propane, commercial butane or mixtures thereof stored in fixed uncooled containers, the provisions above and the provisions of Article 5.17.3.1.7 are however, in respect of elements which come into contact with expanded gas, be replaced with the NBN D 51-006 standard "Installation pipework for commercial butane or propane in the gaseous phase at a maximum operating pressure of 5 bar and placing of consumer appliances".

 

§ 4.

Paragraphs 1 up to and including 3 apply to installations installed after 1 January 2009.


Article 5.17.3.1.7.

The following additional provisions apply to underground gas tanks and their connecting gas pipes installed after 1 January 2009:

the installation, cover and equipment are made according to a code of good practice;

where there is a risk of flooding or high water levels, the necessary measures are taken to prevent the tank from floating upwards;

the necessary measures are taken to give underground tanks and pipes maximum protection against mechanical damage;

underground containers are covered with a layer of earthen material or other appropriate inert material of at least 50 cm in thickness. In the case of LPG containers having a maximum capacity of 5,000 l, a cover of 30 cm instead of 50 cm is sufficient provided the entire length and a sufficient width of the top of the container is protected against digging or excavations by means of a plastic screen.

 

Underground metal tanks and pipes are given cover having a total dielectric resistance of at least 10 kV.

 

Before a metal container and its accompanying pipework is installed:

a)    in a water abstraction area or a type I or II protection zone,

or

b)    in the vicinity of electrical conductors in which large stray currents may be present,

the corrosiveness of the soil and infill is determined and categorised by an environmental expert in the discipline of soil corrosion according to the methods specified in appendix 5.17.5. During this process, the corrosiveness of the soil at the deepest point in the place where the metal container is to be installed or the infill is categorised as "slightly corrosive", "moderately corrosive", "corrosive" or "highly corrosive". The determining of the corrosiveness may not take place under extreme circumstances of drought or frost.

 

The corrosion measurement above may be dispensed with if the corrosiveness of the soil or infill has been determined within the last five years or if cathodic protection is installed without testing for soil corrosiveness beforehand. The application of this cathodic protection takes place under the supervision of an environmental expert in the discipline of soil corrosion.

 

Cathodic protection:

cathodic protection is installed if preliminary testing for soil corrosiveness gives the result "corrosive" or "highly corrosive";

there is no need to install cathodic protection in the first instance if preliminary testing for soil corrosiveness gives the result "moderately corrosive". In this case, corrosion monitoring on the basis of permanent or periodic potential measurements is carried out; if a potential measurement is more positive than -500 mV compared to a Cu/CuSO4 reference electrode, indicating possible corrosion or stray currents, cathodic protection is applied;

cathodic protection is not necessary if preliminary testing for soil corrosiveness gives the result "slightly corrosive".


When cathodically protected, the entire surface of the container, including metal pipes (where necessary), is brought to a potential of -850 mV or a higher negative value measured against a Cu/CuSO4 reference electrode. In anaerobic soils this potential amounts to at least -950 mV.

 

When cathodically protected, the pipes above ground are insulated from the pipes below ground.

once the tank is placed in the excavated cavity and before cover is applied, an environmental expert in the discipline of soil corrosion ascertains that the tank cover is still in good condition and that its dielectric resistance is still sufficient; if this is not the case, the cause is traced and resolved and the dielectric resistance measured again; so as not to damage the cover, no control measurements are taken at a dielectric resistance higher than that guaranteed by the manufacturer;

the excavation is backfilled and any embanking constructed using non-corrosive soil with a grain size of less than 2 mm, and wherever possible, paving may be applied to offer protection against mechanical damage caused by motor vehicles;

the operator has a certificate issued by an environmental expert in the discipline of soil corrosion; the certificate contains at a minimum:

a)

approval of the tank cover and of the underground pipes, taking into account the characteristics of the soil;

b)

approval of the choice of cathodic protection where such is required;

c)

the result of the dielectric resistance measurement relating to the cover specified in point 4°;

d)

the polarisation potential of the surface to be protected measured against the Cu/CuSO4 reference electrode.

The operator keeps the certificate available for perusal by an environmental expert in the discipline of containers for gases and dangerous substances and by the supervisor.


Article 5.17.3.1.8. Translation not available

Article 5.17.3.1.9.

§ 1.

The certificate specified in Article 5.17.3.1.8 contains:

a detailed list of all checks and examinations carried out by the environmental expert in the discipline of containers for gases and dangerous substances and all relevant observations;

if he/she has decided to perform a pressure resistance test, his/her reasons for this decision;

an unequivocal decision that:

 

a)

the installation does or does not meet the sectoral conditions established in this section, the special licence conditions, and all other requirements designed to guarantee the proper and safe operation of the installation;

 

b)

the sound operation of the installation is or is not prejudiced by its set-up, by the planned operating conditions or by any other visible fault;

in the event of a fault: whether or not the installation may be commissioned and if so, the period within which these faults must be resolved, as well as any precautionary measures which the operator must take in order to guarantee an acceptable level of safety in the meantime;

where no instructions for use are provided, a summary of the required safety fittings and maintenance procedures;

the period within which the establishment must be re-inspected with a view to remaining in service, taking into account the maximum periods established in this section.

 

§ 2.

The operator keeps every certificate issued pursuant to this section by the environmental expert in the discipline of containers for gases and dangerous substances available for perusal by the supervisor and does so until at the least the second consecutive similar test certificate is available.

 

§ 3.

In cases where examinations by an environmental expert in the discipline of containers for gases and dangerous substances are required according to this section, the installations in question may only be commissioned or remain in operation if the certificate shows that proper and safe operation of the installation is guaranteed, or, if faults were detected, the necessary measures have been taken to resolve these faults within the period specified in the certificate and the precautionary measures specified in the certificate have been taken in order to guarantee an acceptable level of safety in the meantime.

 

§ 4.

Every repair of a tank, change of a tank or welding of accessories to a gas tank which is subject according to this section to examinations by an environmental expert in the discipline of containers for gases and dangerous substances requires the prior written permission of an environmental expert in the discipline of containers for gases and dangerous substances. This environmental expert informs the operator in writing of the safety measures to be taken in relation to these works.

 

§ 5.

In the case of installations subject to licensing and notification licensed or notified on 1 January 2009 for which no certificate of examination by an environmental expert in the discipline of containers for gases and dangerous substances was required according to the regulations of this section as they stood on 1 January 2008, the examination by an environmental expert in the discipline of containers for gases and dangerous substances specified in this chapter is carried out for the first time at the latest on 1 January 2011.

 

For the above-mentioned installations that also do not meet the regulations specified in this section regarding the construction of pressure equipment, leak-tightness tests and the safety devices of pressure equipment, these regulations are replaced by the following provisions: with a view to the initial examination, the operator of the installation sends to the recognised environmental expert all documents on the basis of which the safety of the installation can be assessed; if no such documents are available, the recognised environmental expert proceeds with a thorough inspection of the installation and any other checks he/she considers necessary.

 

Certificates which were current on 1 January 2009 in relation to an examination by an environmental expert in the discipline of containers for gases and dangerous substances and which were required according to the regulations in this section as they stood on 1 January 2008 remain in force until the date given on the certificate; where a certificate does not specify a date, it remains in force according to the regulations as they stood on 1 January 2008 for the remainder of the certificate's validity.


Subsection 5.17.3.2.
Storage sites for dangerous gases in mobile receptacles

 


Article 5.17.3.2.1. This subsection applies to the establishments meant in section 17.1.2.1 of the classification list.

Article 5.17.3.2.2. Safety screen

§ 1.

The safety screen is made either of brickwork with a thickness of at least 18 cm, or of concrete with a thickness of at least 10 cm, or any other material with a thickness providing an equivalent fire resistance coefficient. For storage sites in the open air with a water capacity of up to and including 10,000 l, a dense and non-flammable screen suffices.

 

§ 2.

The screen has a height of at least 2 m and exceeds the maximum height of the receptacles stored by at least 0.5 m.


Article 5.17.3.2.3. Layout of the storage sites

§ 1.

If at the establishment gases classified in various groups specified to in Article 5.17.3.1.1, §4 are stored, the storage site is subdivided into different storage zones, with in each storage zone only gases being stored that are classified in the same group.

The distances specified in Article 5.17.3.2.4 apply as a minimum between these different storage zones.

 

§ 2.

By way of derogation from paragraph 1, gases classified in one of the various groups specified in Article 5.17.3.1.1, §4 may, however, be stored in the same storage zone on condition that the minimum distance specified in Article 5.17.3.2.4 between these groups is 0 metres.

 

§ 3.

The empty receptacles are stored within their respective storage zones in a dedicated location that is clearly marked as such.

 

§ 4.

The storage zones are delimited by means of walls, safety screens, markings on the ground, chains or fixed demarcations at a height of 1 metre. If the storage site is located inside a building or in a location that is freely accessible to the public, this storage site or the storage zones is closed off with fencing made of non-flammable materials and with a height of at least 2 metres, or the receptacles are stored in metal cages that can be locked.

 

§ 5.

At the storage sites and in the zones delimited by the safety distances and the screens specified in Article 5.17.3.2.4, no transfer of gases from one container to another may take place.


Article 5.17.3.2.4. Separation distances for open and closed storage sites

§ 1.

There is a minimum separation distance, expressed in metres, as indicated in appendix 5.17.1, between a storage zone for gases classified in a specific group of the groups specified in Article 5.17.3.1.1, §4 on the one hand and the storage zones for gases classified in other groups specified in Article 5.17.3.1.1, §4, as well as the elements specified in appendix 5.17.1, on the other hand. In accordance with this appendix, different safety distances apply, depending on the storage capacity.
The safety distance to be kept between two elements is the largest of the distances indicated in appendix 5.17.1. (for example 600 l of gas identified by the GHS02 danger pictogram of group 1 in relation to 3,000 l of gas identified by the GHS03 danger pictogram of group 3 give a 2 metre separation distance for group 1 in relation to group 3 and also 5 metres for group 3 in relation to group 1; the minimum distance to be taken into account in this case is therefore 5 metres).

 

§ 2.

The safety distances specified in paragraph 1 may be reduced by the construction of a safety screen, on condition that the distance measured horizontally around this screen between the storage zone concerned and the above-mentioned zones and elements is equal to or larger than the minimum safety distances specified in paragraph 1.


Article 5.17.3.2.5. The construction of open storage sites

§ 1.

The base of the open storage site must consist of a material which is resistant to and impermeable by gases which may cause soil pollution and is constructed in such a way that the stability of the receptacles is ensured.

 

§ 2.

The floor of a storage site where gases are stored of group 1, group 2, group 3 - with the exception of non-deep-cooled gases which, besides the GHS04 danger pictogram, are only identified by the GHS03 danger pictogram - or deep-cooled gases of group 4 with a specific weight greater than that of air, may over the whole of its surface area not be lower than the adjacent site. It may not contain apertures, cavities or gullies, except for the drainage of rainwater if a hydraulically operated drain gate or equivalent equipment is provided. These regulations also apply inside the zone delimited by the safety distances specified in Article 5.17.3.2.4.

 

§ 3.

If the open storage site contains gases of group 1, any roof over the storage site is made of non-flammable materials. Whatever the case may be, no more than 20% of this roof may consist of translucent and self-extinguishing materials.


Article 5.17.3.2.6. The construction of closed storage sites

§ 1.

The floor of the storage site must consist of a resistant and impermeable material and is constructed in such a way that the stability of the receptacles is ensured.

 

§ 2.

The storage site may not be set up in a basement, nor may the rooms above or below the storage site be occupied. The floor of a storage site may over the whole of its surface area not be lower than the adjacent site. It may not contain apertures, cavities or gullies. These regulations also apply inside the zone delimited by the safety distances specified in Article 5.17.3.2.4.

 

§ 3.

If the open storage site contains gases of group 1, any roof over the storage site is made of non-flammable materials. Whatever the case may be, no more than 20% of this roof may consist of translucent and self-extinguishing materials.

 

§ 4.

The rooms serving as closed storage sites are constructed entirely from non-flammable materials.

 

The walls of the rooms serving as closed storage sites must meet the requirements specified in Article 5.17.3.2.2.

 

The doors open outwards. However, the use of sectional shutters or roller-shutters is allowed on condition that these are non-flammable and that these sectional shutters, roller-shutters, or the storage site as such have one or several doors that meet the above-mentioned regulation.

 

The windows have fixed panes with toughened glass.

 

The safety screens, partitions or walls around the storage zones either extend to the ceiling or have a minimum height of 3 metres and extend beyond the gas receptacles by at least 1 metre.

 

§ 5.

The closed storage sites are designed in such a way that efficient ventilation is ensured. Openings connected to the open air are located both near the floor as well as in the upper part of each separate compartment of the storage site. These openings are equipped with a non-flammable lattice or grate. The location and the size of the openings are determined judiciously according to the storage capacity.


Article 5.17.3.2.7. Lighting

For the artificial lighting of the storage sites, only electric lights are allowed.


Article 5.17.3.2.8. Heating

 

 

§ 1.

Only heating by means of liquid, steam or hermetically sealed electrical appliances is allowed, as well as heating systems that offer equivalent safety guarantees.

 

§ 2.

The heating appliances are placed in such a way that they cannot excessively heat the walls of the gas containers.


Article 5.17.3.2.9. Electricity - Bans on smoking and open flame

§ 1.

If gases classified in group 1 are stored, without prejudice to Article 5.17.3.1.2, the electrical appliances specified in paragraphs 1 and 2 of Article 5.17.3.2.8 are kept to a minimum. The appliances meet the requirements of the General Regulation on Electrical Equipment (AREI) for a type 2 zone.

 

§ 2.

In open and closed storage sites as well as in the zones delimited by the safety distances or the screens specified in Articles 5.17.3.2.4, smoking, the lighting of fires or the use of appliances with open fire or naked flame is prohibited, as is the use of flammable solids of danger category 1 or 2, flammable liquids of danger category 1, 2 or 3, or the stacking of flammable substances, insofar as receptacles are present in the storage site in question.

 

§ 3.

The presence of gases identified by the GHS02 danger pictogram (group 1), and the ban on smoking and lighting fires is indicated by regulatory pictograms.


Article 5.17.3.2.10. Access to the storage site

§ 1.

Only the appointees are allowed access to the storage site.

 

§ 2.

A clearly visible notice prohibits access to the storage site to all persons who are not employed by or otherwise related to the establishment and to those who are not required to enter it for professional reasons.


Article 5.17.3.2.11. Mobile receptacles

Subsection 5.16.4.2 applies to the mobile receptacles present or stored at the establishment.


Subsection 5.17.3.3.
Storage sites for dangerous gases in fixed tanks


Article 5.17.3.3.1.

§ 1.

Without prejudice to the Royal Decree of 21 October 1968 on storage facilities for liquefied commercial propane, commercial butane or mixtures thereof in fixed uncooled containers, amended by subsequent Royal Decrees, this subsection applies to the storage facilities for dangerous gases specified in section 17.1.2.2 of the classification list, in fixed containers.

 

§ 2.

Subject to the provisions of Article 5.17.3.3.17, this subsection does not apply to storage facilities in existence on 1 May 1999.


Article 5.17.3.3.2. Layout of the storage sites

§ 1.

If gases classified in various of the groups specified in Article 5.17.3.1.1, § 4 are stored at the establishment, the storage site is subdivided into different compartments, with in each compartment only gases being stored that are classified in the same group.

 

The distances specified in section 5.17.3.3.3 apply as a minimum between these different compartments.

 

§ 2.

By way of derogation from paragraph 1, gases classified in one of the various groups specified in Article 5.17.3.1.1, §4 may, however, be stored in the same compartment on condition that the minimum distance specified in Article 5.17.3.3.3 between these groups is 0 metres.

 

§ 3.

At the storage sites and in the zones delimited by the safety distances and the screens specified in Articles 5.17.3.3.3 no transfer of gases to mobile receptacles may take place.


Article 5.17.3.3.3. Separation distances for storage sites of gases other than liquefied commercial propane, commercial butane or mixtures thereof stored in fixed uncooled containers

Translation not available

Article 5.17.3.3.4. The construction of containers for gases other than liquefied commercial propane, commercial butane or mixtures thereof

The construction of containers - vacuum-isolated or otherwise - for gases other than liquefied commercial propane, commercial butane or mixtures thereof, is adapted to the gas they contain, according to a code of good practice.


Article 5.17.3.3.5. Water pressure test

In the presence of an environmental expert in the discipline of containers for gases or dangerous substances, the container is subjected to a water pressure test at a pressure equal to 1.33 times the maximum operating pressure expressed in kg/cm², with the result of this multiplication being rounded off to the next higher unit.

 

During the test the appliance may not show any signs of leakage.

 

The test may not result in any permanent deformation.

 

The test pressure specified above may be increased at the manufacturer's request, on condition that the latter states in writing that the proposed test pressure will not cause any excessive stress in the different parts of the container.


Article 5.17.3.3.6. Identification plate

In an accessible place taking into account its use, the container bears a welded steel plate with the following information stamped on it:

the manufacturer's name or logo;

number;

capacity;

maximum operating pressure;

test pressure;

the letter E followed by the date of this test and the verification stamp of the environmental expert in the discipline of containers for gases or dangerous substances.


There is a free surface on the plate that is large enough to enable the inspection date and verification stamp to be stamped five times.


If the container is intended to be buried and if the plate would become invisible because of this, the information specified above must also be stamped on the edge of the manhole.


Article 5.17.3.3.7. Certificate of approval

The environmental expert in the discipline of containers for gases or dangerous substances draws up a certificate of approval mentioning the documents provided by the manufacturer, and with a detailed overview of the checks, inspections, examinations and tests which he/she has carried out personally.

 

In the certificate of approval, the recognised environmental expert unambiguously states his/her opinion whether the container is in conformity with the requirements of a code of good practice, or otherwise, in view of the gas to be stored in the container.


Article 5.17.3.3.8. Periodic examination of storage sites and containers

§ 1.

The periodic examinations are carried out in accordance with Article 5.17.3.1.8, §2.

 

§ 2.

Safety valves are external and fitted with a system that allows the safety valve to be replaced with no loss of gas and without first emptying the container.

 

§ 3.

Without prejudice to the checks stated in Article 5.17.3.1.8, vacuum-insulated containers are inspected at least every two years by a representative of the operator. Safety valves are recalibrated at least every 10 years.

 

§ 4.

Subject to the checks specified in Article 5.17.3.1.8, the check valve on the filling line between the container and filling point of an LPG station is inspected at least every 5 years by an environmental expert in the discipline of containers for gases or dangerous substances.

 

§ 5.

The storage area for vacuum-insulated containers is inspected by the operator or his/her representative at least every 2 years.

 

§ 6.

If the LPG station was licensed on the basis of the safety distances with a check valve in the filling line between container and filling point, this is checked at least annually by the operator or his/her representative to ensure it is working properly. The findings of these checks are noted in a register that is available for perusal by the supervisor. If it is not working properly, the check valve is repaired or replaced immediately.


Article 5.17.3.3.9. The filling of the containers.

Translation not available

Article 5.17.3.3.10. The electrical installation

§ 1.

Without prejudice to the provisions of the General Regulation on Electrical Equipment (AREI), the following regulations apply to the electrical installations for storage sites for gases belonging to group 1:

inside the safety zones - delimited in keeping with the stipulations of distances to be observed to spaces where there is no ban on naked flames, included in Article 5.17.3.3.3 concerning gases other than liquefied commercial propane, butane or mixtures thereof in fixed uncooled containers, and in Article 3 of the above-mentioned Royal Decree of 21 October 1968 - the number of electrical appliances is restricted to the bare minimum; only low-voltage current is allowed in these zones; however, category A and B discharge lamps are allowed;

for the power supply of motors of at least 100 hp, under the following conditions the phase to phase supply voltage may be 3,000 volts:

 

a)

the whole of the installation is armoured;

 

b)

the dispersion resistance of the earthing may not exceed 1 ohm;

an all-pole switch located outside the spaces specified in point 1° must enable the total isolation of the installation;

the whole of the electrical installation or each component part of the installation may only serve to operate or protect the electrical appliances used in the installations concerned;

the method applied for the protection of the electrical appliances for storage sites for commercial butane, propane and mixtures thereof must be:

 

a)

either intrinsic safety, as stipulated in the NBN 683 standard;

 

b)

or the use of explosion-proof casings as specified in the NBN 286 standard;

 

c)

or the use of casings with internal overpressure, as specified in the NBN 716 standard;

 

d)

or enclosure in sand;

electrical appliances may only be used within the bounds of the application for which they have been manufactured;

the only permitted installation methods for electrical wires and cables are the following:

 

a)

installation under steel tubes with internal insulation and threaded ends ("TIAF" tubes), as specified in the NBN 45 standard;

 

b)

the use of mineral-insulated cables, as specified in the NBN 693 standard;

 

c)

the use of cables of which the insulation is protected by a waterproof earthed armour;

 

d)

the use of armoured flexible earthed cables.

 

e)

any other means of construction which is in conformity with the General Regulation on Electrical Equipment (AREI) and approved by a recognised environmental expert.

 

 

§ 2.

Any other type of installation or appliance than those specified in paragraph 1 is permitted, if it offers the same guarantees as regards hermetic sealing and mechanical resistance.

 

§ 3.

The installation and maintenance of electrical appliances protected as specified in paragraph 1 are entrusted to qualified staff, who are kept informed of the special safety regulations typical of such equipment.

 

Any repair work involving a part of the equipment that is of essential importance for the preservation of the safety device according to one of the protection methods specified in paragraph 1 is carried out in a specialised workshop, if necessary at the manufacturer's premises or under the latter's supervision.


Article 5.17.3.3.11. Pipework and hoses for liquefied commercial propane, commercial butane or mixtures thereof stored in fixed uncooled containers

§ 1.

In the case of pipes, the maximum working pressure is to be determined as follows:

for elements in contact with non-expanded gases (liquid phase or gaseous phase): according to the provisions of the Royal Decree of 13 June 1999 on the marketing of pressure equipment, amended by the Royal Decree of 6 December 2005, by which EC Directive 97/23/EC of 29 May 1997 on the mutual adjustment of the laws of the Member States concerning pressure equipment (Pressure Equipment Directive, PED), is transposed into internal national law;

for elements in contact with expanded gas: according to the NBN D 51-006 standard "Installation pipework for commercial butane or propane in the gaseous phase at a maximum working pressure of 5 bar and placing of consumer systems".

 

§ 2.

The fixed pipework consists of seamless metal tubes. This pipework and the couplings are designed and constructed for an operating pressure as set down in paragraph 1.

 

§ 3.

The fixed pipework that comes into contact with non-expanded gases is made of steel. The tubes are of a quality at least equal to class C of report no. 70 of the Belgian Institute for Standardisation (BIN). Other materials may also be used, on condition that they guarantee equivalent characteristics as regards quality.

 

§ 4.

The hoses, equipped with their couplings, are designed and manufactured to burst only at the following pressures:

four times the maximum operating pressure specified in paragraph 1, for hoses with a diameter less than 2.5 inches;

three times the maximum operating pressure specified in paragraph 1, for hoses with a diameter greater than or equal to 2.5 inches.

 

 

§ 5.

The hoses equipped with their couplings and the fixed pipework after installation are subject to a test pressure equal to 1.5 times the maximum operating pressure specified in paragraph 1, with a minimum of 3 kg/cm². This test is carried out in such a way that the sealing and also the absence of deformations and of any faults that might impair the safety are checked as precisely as possible.

 

This test is repeated at least annually for the discharge hoses equipped with their couplings connected to the liquid phase; it is performed at the maximum operating pressure specified in paragraph 1.

 

§ 6.

The necessary measures are taken to prevent pressures in excess of 20% over the maximum operating pressure for the pipes from occurring in the pipes for the liquid phase.

 

§ 7.

Buried pipes are protected by a coating consisting of at least two layers of asphalt-soaked jute plus a layer of hot asphalt or by any other type of covering with equivalent characteristics as regards protection against corrosion.

 

§ 8.

All parts of the installation, such as stop cocks, expansion valves, valves, hoses, seals, are designed and manufactured for use with liquefied petroleum gas.

 

§ 9.

The operator has a signed and dated certificate, drawn up either by the installer or by an environmental expert in the discipline of appliances and installations under pressure. In this certificate it is specified that the above-mentioned provisions have been observed. The operator keeps this certificate available for perusal by the supervisor.


Article 5.17.3.3.12. The repair of containers for liquefied commercial propane, commercial butane or mixtures thereof in fixed uncooled containers

Translation not available

Article 5.17.3.3.13. The enclosure around containers for liquefied commercial propane, commercial butane or mixtures thereof in fixed uncooled containers

The pumps and the containers are enclosed by a sturdy and non-flammable fence. The access to the area enclosed by the fence is prohibited to any person not required to be there for duty reasons. The prohibition to access the area is indicated visibly on the fence.

 

As regards containers with a capacity less than or equal to 3,000 litres aboveground or 5,000 litres underground, this shut-off may be dispensed with provided that accessories which are prone to leakage, aside from magnetic gauge and safety valve, are fitted with a protective cap.


Article 5.17.3.3.14. Protection against fire

§ 1.

Inside the zone of the storage facilities for gases classified in groups 1 or 2, as delimited by the distances specified in Article 5.17.3.3.3., it is prohibited to smoke, to enter with a naked flame or electronic devices fitted with ignition sources, to light a fire, to use vaporisers working with open flame, or to leave wood, shavings or other easily flammable substances (including dry grass and shrubs) lying within the enclosure.

 

The smoking ban and the prohibition to use fire or naked flame is indicated with the regulatory prescribed pictograms on or in the proximity of the containers.

 

§ 2.

In the zone specified in paragraph 1, the presence of drains or connections to the sewers is prohibited unless these are fitted with an air trap of which the operation is ensured under all conditions.

 

§ 3.

The holders, supports and metal accessories of containers for gases classified in group 1 are earthed in such a way that any generated static electricity is diverted.

 

During loading and unloading operations, the road and rail tankers are under the same voltage as the pipework of the fixed installation.

 

The tankers are rendered immobile by means of brakes and adapted wedges.

 

§ 4.

Accurate instructions in writing for the measures to be taken in the event of a gas leak or a fire are provided to the appointee responsible or to his/her replacement.

 

§ 5.

Fire extinguishers of a type adapted to the service required, fire extinguishers that are kept in good working order at all times, or water/foam fire pumps in numbers and with flow rates proportionate to the size of the storage site are located in appropriate and easily accessible places.

 

As far as storage sites with a total capacity smaller than or equal to 3,000 litres are concerned, this regulation applies only during the actual filling.


Article 5.17.3.3.15. Maintenance

The containers are kept in good condition.

 

Any fault or defect that may jeopardise the safety of neighbours or staff is remedied without delay.

 

The protective covering of the aboveground pipes and containers is kept in good condition.


Article 5.17.3.3.16. Commissioning of the storage sites

Translation not available

Article 5.17.3.3.17. Existing storage sites

Translation not available

Section 5.17.4.
Dangerous solids and liquids


Subsection 5.17.4.1.
General provisions


Article 5.17.4.1.1. The conditions of this section apply to the establishments meant in section 17 of the classification list, where dangerous solids or liquids are concerned. 

Article 5.17.4.1.2.

§ 1.

For the purposes of this section, all danger pictograms by which a dangerous product is identified according to the CLP Regulation must be taken into account. For liquid fuels, only the GHS02 danger pictogram must be taken into account.

 

§ 2.

Short-term storage in connection with transport by road, rail, inland waterways, by sea or by air, including the loading and unloading and the transfer to or from another form of transport in ports, on quays or in railway yards is not subject to the conditions of these regulations.

 

However, if the dangerous products specified in this order are stored in storage sites located in ports, along quays or on railway yards and if these storage sites are intended for the regular short-term storage of such dangerous products, then these storage sites are subject to the conditions of this order.


Article 5.17.4.1.3. Translation not available

Article 5.17.4.1.4. Translation not available

Article 5.17.4.1.5.

§ 1.

Without prejudice to further provisions, the necessary precautions are taken to avoid products coming into contact with each other, whereby:

dangerous chemical reactions can occur;

such products can react with each other to form harmful or dangerous gases and vapours;

contact between such products can result in explosions and/or fire.

 

§ 2.

If dangerous products identified by various danger pictograms are stored in the establishment, the storage site is divided into different compartments according to appendix 5.17.1.

 

These compartments are delimited by means of walls, safety screens, markings on the ground, chains or fixed demarcations at a height of 1 metre.

 

§ 3.

Any manufacturing operation or other treatment not concerned with the storage or transfer of the products is prohibited inside the storage sites and the zones delimited by the separation distances or screens specified in appendix 5.17.1.

 

§ 4.

The products may not be stored outside the designated storage site. Polluted empty mobile receptacles that have contained dangerous products are stored in a dedicated place that is clearly indicated.


Article 5.17.4.1.6. Translation not available

Article 5.17.4.1.7.

§ 1.

The necessary measures (e.g. earthing) are taken to prevent the formation of dangerous electrostatic charges during the storage and treatment of potentially explosive liquids and solids identified by the GHS01 danger pictogram or potentially flammable liquids and solids identified by the GHS02 danger pictogram. This paragraph does not apply to flammable liquids in danger category 3 with a flashpoint of more than 55°C.

 

§ 2.

The rooms where dangerous liquids and solids are stored may only be heated by means of appliances of which the location and use offer sufficient guarantees against the risk of fire or explosion.

 

§ 3.

In rooms where dangerous products are stored:

no work may be carried out for which use is required of an appliance that works with naked flame or which may generate sparks, with the exception of maintenance or repair work, on condition that the necessary precautions have been taken and subject to instructions in writing being drawn up or initialled by the prevention adviser or by the operator or his/her representative;

a smoking ban applies; this smoking ban must be indicated in clearly readable letters or with the regulatory pictograms on the outside of the entrance doors and inside the rooms in question; the obligation to post the prescribed "no smoking" pictogram does not apply if this pictogram is posted at the entrance to the enterprise and if the ban on smoking and open fire applies for the whole of the enterprise;

the stacks and the discharge pipework for the extracted vapours and mists are made of non-flammable or self-extinguishing materials.

 

 

§ 4.

It is prohibited:

to smoke, light a fire or store flammable substances above or near the containers, near the pumps, the pipework, the dispensing units, the filling areas and the unloading site for road tankers, within the bounds of the zoned locations as shown in the zoning plan, and demarcated according to the General Regulations on Electrical Installations;

to wear shoes or clothing that may cause sparkover in the places that are not accessible to the public;

to store potentially flammable liquids and solids identified by the GHS02 danger pictogram in any place in the installation where temperatures may exceed 40°C as a result of heat generated by technological means.

 

 

§ 5.

The prohibitions of paragraph 4 are clarified by means of regulatory safety pictograms, where these are available


Article 5.17.4.1.8.

§ 1.

Electrical installations, systems and lighting meet the requirements of the Regulations on Well-being at Work and the General Regulation on Electrical Equipment (AREI), in particular the Articles concerned with spaces where an explosive atmosphere can occur.

 

§ 2.

Without prejudice to the regulatory provisions, in zones where there is danger of fire and explosion because of the possible accidental presence of an explosive mixture, electrical installations are designed and installed according to the conditions of a zoning plan.

 

§ 3.

Regarding installations for which the General Regulation on Electrical Equipment (AREI) are not as yet applicable, the zoning takes place in accordance with Article 105 of this General Regulation.


Article 5.17.4.1.9. Translation not available

Article 5.17.4.1.10.

§ 1.

The operator of an establishment classified in class 1 keeps a register or an alternative data medium in which, for each danger pictogram, at least the nature and quantities of the dangerous products stored are recorded.

      

This information are stored in such a way that it is possible at all times to determine the quantities of dangerous products present at the establishment.

 

§ 2.

The register specified in paragraph 1 or alternative data medium is kept available on site for the supervisor for a period of at least 1 month.


Article 5.17.4.1.11.

All staff at the establishment are fully aware of the nature of the dangerous products stored and the dangers involved. Staff are well informed about the measures to be taken when irregularities occur.

      

The operator must be able to prove that he/she has provided up-to-date instructions as required to this end.

      

These instructions are evaluated by the operator at least once per year.


Article 5.17.4.1.12. Translation not available

Article 5.17.4.1.13.

§ 1.

Measures are taken to ensure an effective supervision of the different spaces and storage facilities at the establishment.

      

If the total storage capacity at the establishment is 1 million litres of group 1 dangerous liquids or more, the supervision is continuous - by dedicated security staff or by means of a permanent surveillance system equipped with effective smoke, gas or fire detection and which raises the alarm with a permanently manned security service, in consultation with the authorised fire brigade and an expert recognised in the discipline of external safety and risks of major accidents.

 

§ 2.

The buildings, containers, bunds, appliances, etc., are kept in perfectly maintained condition. Any fault or defect that may jeopardise the protection of man and the environment is remedied immediately.


Article 5.17.4.1.14.

§ 1.

Before repairing or carrying out internal tests on a container which has contained group 1 dangerous liquids, the establishment has a procedure to carry out such activities which has been initialled by the operator or his/her representative. One of the elements of such a procedure must be the cleaning of the container, proceeding according to a method that offers sufficient guarantees as regards both fire and explosion safety as well as environmental protection.

 

§ 2.

No group 1 dangerous liquids may be stored in the workshop for repairing containers for group 1 dangerous liquids.


Article 5.17.4.1.15. Translation not available

Article 5.17.4.1.16.

Regarding the filling of fixed containers and road tankers the following regulations apply:

 

 

the necessary measures are taken to prevent spillages of liquids and pollution of the ground, groundwater and surface water;  

the flexible hose used for the filling is connected to the opening of the container or the conduit by means of a device with screw coupling or an equivalent system;

each filling operation is performed under the supervision of the operator or his/her representative; this supervision is organised in such a way that the filling operation can be monitored and immediate action taken in the event of an incident.

to prevent overfilling, fixed containers are equipped with an overfilling protection, which may be:

 

a)

either a warning system, giving an acoustic signal which the supplier must always be able to hear in the filling area and which informs the supplier that the container to be filled is 95 % full; this system may be mechanical or electronic;

 

b)

a safety system which automatically shuts off the product flow as soon as the container to be filled is at maximum 98 % full; this system may be mechanical or electronic;

 

in the case of storage facilities that are part of a fuel dispensing installation for motor vehicles, the safety system specified in b) must be provided;

 

all containers are equipped with the possibility to measure the level;

the filling position for the road tanker, the zones where the nozzles of the filling pipes are grouped and the filling zones at the dispensing installation are always located on the premises of the establishment and:

 

a)

provide sufficient strength of ground and are impervious;

 

b)

are equipped with the necessary gradients and possibly also with upright edges, to ensure that all spilt liquids drain to a collection system; the elimination of collected liquids is effected in accordance with regulatory provisions, in particular those relating to the disposal of waste materials;

 

for group 1 dangerous liquids, this filling position and these zones are always in the open air or beneath a canopy;
there may be no trenches, crawl spaces or voids below the above-mentioned filling position and zones; in the case of weighbridges, effective facilities are put in place to limit the spread of leaks and prevent the risk of explosion;

 

this point does not apply to storage facilities intended exclusively for the heating of buildings;

 

furthermore, this point does not apply to storage facilities for group 2 dangerous liquids classified in class 3;

 

during filling with group 1 dangerous liquids, measures are taken to divert static electricity; the electrical connection between the road tanker and the container is made before the filling operation is commenced and may only be broken after the filling hose has been uncoupled when the filling is completed;

adequate measures are taken to maintain the storage at atmospheric pressure;
the underground ventilation and vapour recovery pipework must meet the same requirements as the rest of the pipework; in addition, the aboveground ventilation pipework has sufficient mechanical strength;

it is prohibited to fill a container with a liquid other than the one for which the container was designed, except following inspection by an environmental expert in the discipline of containers for gases or dangerous substances or by a recognised expert proving that the container in question is suitable for such other liquid.

 


Article 5.17.4.1.17.

The overfilling protection described in appendix 5.17.7 is manufactured in accordance with a code of good practice accepted by an environmental expert in the discipline of containers for gases or dangerous substances.

 

The check of the construction is performed in accordance with the selected code of good practice by an environmental expert in the discipline of containers for gases or dangerous substances.

 

The check of the construction for overfilling protection devices manufactured in series may be limited to a single approval of the prototype. The approval of the prototype is performed by one of the above-mentioned environmental experts and according to the procedure of appendix 5.17.7. The report on the approval specifies the checks carried out and is signed by the above-mentioned expert.

 

For each overfilling protection, the operator has a certificate, signed by the constructor. This certificate specifies the number of the prototype approval certificate and the name of the environmental expert who issued the test certificate (and his/her recognition number). The constructor also confirms in the certificate that the overfilling protection has been built and checked in accordance with this order.


Article 5.17.4.1.18. Translation not available

Article 5.17.4.1.19. As regards the construction certificates, inspections and tests prescribed in this section, the operator has certificates in which the codes of good practice applied, the checks carried out and the relevant observations are clearly indicated. He/she keeps the certificates concerned at the disposal of the supervisor at all times.

Article 5.17.4.1.20. Without prejudice to the provisions of this section, the transport, installation and connection of containers are performed according to the prevailing Belgian or European standards.

Subsection 5.17.4.2.
Storage of dangerous liquids in underground containers


Article 5.17.4.2.1.

§ 1.

The necessary measures are taken to give maximum protection to the containers against mechanical damage and corrosion.

 

§ 2.

It is prohibited to place containers intended for the storage of group 1 dangerous liquids directly under a building or under a vertical projection of a building. A lean-to is not considered as a building.

 

§ 3.

The distance between the container and the boundaries of the plots of third parties is at least 3 metres. The distance between the container and the basement rooms of the enterprise's own buildings is at least 2 metres. The distance between the container and the wall of the establishment's own buildings is at least 0.75 m. The distance between containers is at least 0.5 m.

 

The distance between containers for group 1 dangerous liquids which do not form part of a dispensing installation and the boundaries of the plots of third parties is at least 1 m.

 

§ 4.

In the event of possible flooding or high water levels, the necessary provisions are installed to prevent empty containers from floating upwards.

 

§ 5.

Without prejudice to this section, the storage facilities for petrol and associated installations comply with subsections 5.17.4.4 and 5.6.3.2.


Article 5.17.4.2.2.

§ 1.

A notice is provided in a clearly visible place by the container in accordance with the provisions of appendix 5.17.2.

 

§ 2.

The following information is shown near the filling opening and near the manhole:

the number of the container;

the name or the code numbers or code letters of the stored liquid;

the danger pictograms;

the water content capacity of the container.

    

The information must be clearly readable.

 

This paragraph does not apply to storage facilities for group 2 dangerous liquids intended exclusively for the heating of buildings.


Article 5.17.4.2.3.

§ 1.

The venting pipe must open into the open air at least 3 metres above ground level and at least 3 metres from each opening in a space and the boundaries of the plots of third parties.

 

Outlets of venting pipes may not be located under construction parts such as roof overhangs.

 

All necessary measures are taken to avoid the infiltration of water through the venting pipe.

 

§ 2.

The provisions of paragraph 1 are not applicable to venting pipes belonging to storage facilities for group 2 dangerous liquids which do not form part of a fuel dispensing installation for motor vehicles. For these storage facilities it is ensured that the location and height of the outlet of the venting pipe does not excessively cause nuisance to the vicinity, particularly as a result of the filling of the containers.

 

§ 3.

For the storage of group 1 dangerous liquids, the air supply and extraction system is shut off by an appliance that prevents the spreading of fire.


Article 5.17.4.2.4. Translation not available

Article 5.17.4.2.5. Translation not available

Article 5.17.4.2.6.

§ 1.

The construction is inspected in accordance with appendix 5.17.2.

 

The monitoring of separately constructed containers is carried out by an environmental expert in the discipline of containers for gases or dangerous substances or by a competent expert.

 

The check of containers installed in series may be limited to one prototype. The approval of the prototype is given by an environmental expert in the discipline of containers for gases or dangerous substances, of which the recognition allows the approval of prototypes.

 

The report on this approval specifies the checks carried out and is signed by the above-mentioned expert.

 

§ 2.

For each container, the operator has a "declaration of conformity of the container", signed by the constructor and made out in accordance with the model form in appendix 5.17.2.

 

The containers must bear the identification plate applied by the constructor.


Article 5.17.4.2.7.

Before the installation of the container, either directly in the ground or in a trench, it is checked whether the container and where appropriate also the trench meet the conditions of this order.

 

After installation but before the commissioning of the container, it is checked whether the container, the pipework and the accessories, overfilling warning or safety system, the leak detection system and, where appropriate, the cathodic protection and the provisions for vapour recovery comply with the regulations of this order.

 

The specified checks are carried out under the supervision of an environmental expert in the discipline of containers for gases or dangerous substances or a competent expert or, for the storage of group 2 dangerous liquids intended for the heating of buildings, a recognised fuel oil technician. The monitoring of any cathodic protection takes place in collaboration with an environmental expert in the discipline of soil corrosion.


Article 5.17.4.2.8. Translation not available

Article 5.17.4.2.9.

Following the inspections described in Article 5.17.4.2.7, during the installation or the periodic investigations specified in Article 5.17.4.2.8, the experts or the recognised technician draw up a certificate from which it unambiguously appears whether or not the installation complies with the conditions of these regulations. The above-mentioned conformity certificate also specifies the name and the recognition number of the expert or recognised technician who carried out the inspection.

 

The latter affixes a clearly visible and readable sticker or plate to the filling pipe, which shows its recognition number, the year and the month of either the check upon installation or the last check carried out, and when the following check is to take place.

 

The sticker or plate has the following colour:

green, when the container and the installation comply with these regulations;

orange, when the container and the installation do not comply with these regulations, but the faults established cannot cause pollution outside the container;

red, when the container and the installation do not comply with this Order and the faults determined could cause or have caused pollution outside the container or if, following a period of not more than six months with an orange label or plate, the same faults are again determined on the container and the installation.


Article 5.17.4.2.10.

Containers of which the filler pipe is provided with a green sticker or plate as specified in Article 5.17.4.2.9 may be filled, replenished and operated.

 

Containers of which the filler pipe is provided with an orange sticker or plate specified in Article 5.17.4.2.9 may still be filled or replenished and operated during a transitional period of a maximum of 6 months starting on the first day of the month following the month specified on the orange sticker or plate. In this case a new check takes place before the expiry of the above-mentioned term. The awarding of an orange sticker or plate is a one-time issue for the faults observed, i.e. the orange identification sticker or plate is followed by a green or red sticker, depending on whether or not the faults previously observed satisfy the requirements of the provisions of these regulations.

 

By way of derogation from subparagraph 2, this 6-month transitional period may be extended in exceptional circumstances by the expert or accredited technician for measures that cannot be implemented within the six months. In this case, the measures and deadlines are laid down in writing. The expert or accredited technician monitors the implementation of the measures and decides whether more frequent interim inspections of the container concerned and the installation are required. If, after the transitional period, the faults initially observed have not been remedied, the container or installation is given a red sticker or plate.

 

It is prohibited to fill or allow the filling of containers whose filler hoses are fitted with the red sticker or plate specified in Article 5.17.4.2.9. The operator takes all the necessary measures to return the storage installation to good condition in accordance with the certificate from the recognised environmental expert, authorised expert or fuel oil technician, after which the storage installation is re-inspected. Within fourteen days of the affixing of a red tag or plate, the operator or, at his/her request, the recognised environmental expert, authorised expert or fuel oil technician, notifies the division of the Flanders Environment Agency competent for groundwater.

 

It is also prohibited to fill or allow the filling of containers whose filler hoses are not fitted with a sticker or plate specified in Article 5.17.4.2.9.


Article 5.17.4.2.11. Translation not available

Article 5.17.4.2.12. Translation not available

Article 5.17.4.2.13.

§ 1.

If leaks are observed, the operator takes all measures required to avoid the danger of explosion and limit further soil and groundwater pollution to the greatest possible extent.

 

§ 2.

After professional repairs the container may only be brought back into use if it has passed a leak-tightness test as specified in Article 5.17.4.2.8 and a certificate has been issued by an environmental expert in the discipline of containers for gases or dangerous substances, or by a competent expert, or, for the storage of flammable liquids intended for the heating of buildings, by a recognised technician. From this certificate it must clearly appear that the container and the installation comply with the regulations of this order.

 

§ 3.

If containers are permanently decommissioned, whether or not because of leaks, within 36 months the container is emptied, cleaned and removed without prejudice to the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials.

 

If it is materially impossible to remove the container, within the same term, after consultation with an environmental expert in the discipline of containers for gases or dangerous substances, with a competent expert or, for the storage of group 2 dangerous liquids intended for the heating of buildings, with a recognised fuel oil technician, the container is emptied, cleaned and filled with sand, foam or an equivalent inert material. The necessary measures are taken for explosion protection and to prevent soil and groundwater pollution.

 

From 1 June 2015, when the container is decommissioned the expert or the recognised fuel oil technician prepares a certificate clearly showing that the decommissioning was performed according to the highest professional standards. This certificate also specifies the name and the recognition number of the expert or the recognised fuel oil technician.


Subsection 5.17.4.3.
Storage of dangerous liquids in aboveground containers


Article 5.17.4.3.1. Translation not available

Article 5.17.4.3.2.

§ 1.

Fixed containers are built according to the provisions of appendix 5.17.2.

 

 

§ 2.

All metal parts of containers intended for the storage of group 1 dangerous liquids, including the floating roof of the containers, are equipotential.


Article 5.17.4.3.3.

§ 1.

The control of the construction of fixed containers must take place according to the provisions of appendix 5.17.2.

 

The check of separately constructed containers is done by an environmental expert in the discipline of containers for gases or dangerous substances, or by a competent expert.

 

The check of containers installed in series may be limited to one prototype; the approval of the prototype is given by an environmental expert in the discipline of containers for gases or dangerous substances, of which the recognition allows the approval of prototypes.

 

The report on this approval specifies the checks carried out and is signed by the above-mentioned expert.

 

§ 2.

For each container, the operator has a "declaration of conformity of the container", signed by the constructor and made out in accordance with the model form in appendix 5.17.2.

 

The containers bear the identification plate applied by the constructor.


Article 5.17.4.3.4.

Before the installation of the fixed container it is checked that the container and the foundations meet the conditions of this order.

 

After installation, but before the commissioning of the container, it is checked whether the container, the pipework and the accessories, the overfilling warning or safety system, the bund and the fire-fighting resources and, where appropriate, the leak detection system and the provisions for vapour recovery comply with the conditions of this order.

 

The specified checks are carried out under the supervision of an environmental expert in the discipline of containers for gases or dangerous substances or a competent expert or, for the storage of group 2 dangerous liquids intended for the heating of buildings, a recognised fuel oil technician.


Article 5.17.4.3.5.

§ 1.

An identification plate is applied to fixed containers in a visible and easily accessible place in accordance with appendix 5.17.2.

 

§ 2.

The following indications are applied near the filling opening and in a clearly visible place on the fixed container:

the number of the container;

the name or the code numbers or code letters of the stored liquid;

the danger pictograms;

the water content capacity of the container.

 

This paragraph does not apply to storage facilities for group 2 dangerous liquids intended exclusively for the heating of buildings.


Article 5.17.4.3.6.

§ 1.

The bund and the foundations for fixed containers with an individual water content capacity from 10,000 l are built according to a code of good practice under the supervision of and according to the directions of an architect, a civil engineering architect, a civil structural engineer or an industrial architectural engineer.

 

For storage sites of class 1 or 2, the above-mentioned expert confirms in a certificate that he/she accepts the code of good practice used and that this was adhered to.

 

§ 2.

Fixed containers are placed on a supporting block or surface of sufficient dimensions to prevent the load causing uneven slumps, from which a danger of toppling or breakage could originate. For the installation of containers with an individual water content capacity from 50,000 l, a stability study is carried out by the expert specified in paragraph 1.

 

§ 3.

The bund is resistant to the action of the stored liquids and is impervious. The bund is sufficiently strong to withstand the liquid mass which could escape in the event of the breakage of the largest container placed in the bund.

 

The floor is provided in such a way that the spreading of the leaked liquids remains minimal and the leaked liquids can be easily removed.

 

§ 4.

If the bund is made of earthen dams, these dams are made of a very clayey, solid and strongly compressed earth, of which the gradients are a maximum of 4/4 and the thickness on the top side is at least 50 centimetres. The floor may be made of the same materials. The dams are sown with grass. At the base, carefully calculated supporting walls with a maximum height of one metre may be constructed.

 

§ 5.

The passage of pipework through the bund is only allowed if the sealing of the bund remains assured.

 

§ 6.

If the bund is more than 30 metres wide, the escape ladders or stairs are positioned so that a person fleeing does not have to travel a distance greater than half the width of the bund plus 15 metres to reach an escape ladder or stairs.


Article 5.17.4.3.7.

§ 1.

For storage sites in fixed containers or mobile receptacles located inside a water abstraction area or protection zone, the minimum capacity of the bund is equal to the total water content capacity of all containers or receptacles placed therein.

 

§ 2.

For storage places in fixed containers located outside a water abstraction area or protection zone, the minimum capacity of the bund is determined as follows (double-walled containers fitted with a permanent leak detection system not included):

for the storage of group 1 dangerous liquids, potentially explosive liquids identified by the GHS01 danger pictogram or acutely toxic liquids of danger category 1 and 2, the largest of the following values:

 

a)

the water content capacity of the largest container, increased by 25% of the total water content capacity of the other containers in the bund;

 

b)

half of the total water content capacity of the containers placed therein;

for the storage of group 1 dangerous liquids in aboveground spaces and cellars: the total water content capacity of all containers placed therein;

for the storage of the other dangerous liquids: the water content capacity of the largest container.

 

When various products identified by different danger pictograms are stored within a single bund, the strictest conditions are met.

 

§ 3.

For storage sites located outside a water abstraction area or protection zone for dangerous liquids of groups 2 and 3 in mobile receptacles, the capacity of the bund may be restricted to 10% of the total water content capacity of the receptacles stored therein. In each case the capacity of the bund must be at least equal to the capacity of the largest receptacle placed in the bund.

 

§ 4.

For storage sites located outside a water abstraction area or protection zone for group 1 dangerous liquids in mobile receptacles, the capacity of the bund must be 25% of the total water content capacity of the receptacles stored therein. The capacity may be reduced to 10% if, after consultation with the authorised fire brigade, a suitable fire extinguishing installation is provided. In every case the capacity of the bund must be at least equal to the capacity of the largest receptacle placed in the bund.


Article 5.17.4.3.8. Translation not available

Article 5.17.4.3.9.

Without prejudice to other provisions of this order, storage facilities for group 1 dangerous liquids in mobile receptacles meet the following conditions:

the storage is protected against detrimental consequences of the action of the rays of the sun or the radiation from any other heat source;

the storage of group 1 dangerous liquids together with other liquids is allowed on condition that these last liquids do not increase the risk of or risks associated with an accident;

storage sites in a building are constructed as prescribed in Article 52 of the General Regulation on Industrial Safety;

storage sites outside buildings particularly built for the storage of these liquids and which do not meet the provisions of Article 52 of the General Regulation on Industrial Safety must be at least 10 m from each neighbouring building;

doors in closed storage sites open outwards and are self-closing; in the case of double doors 1 door remains continually locked; the other door must be self-closing; the doors may remain temporarily opened if this is required for technical operating reasons. In the event of a fire they must however automatically close. The use of sliding partitions is allowed on condition that these partitions, or the storage area, have one or more doors which meet the requirements of the above-mentioned regulations;

all storage sites are adequately ventilated, either naturally or artificially.


Article 5.17.4.3.10.

§ 1.

The construction of all spaces for the processing of dangerous products is provided in such a way that accidentally spilt substances or leaked liquids can be collected.

 

To prevent the spreading of fire, all spaces for the handling of flammable liquids of danger category 1 or 2 are constructed in such a way that accidentally spilt substances and leaked liquids arrive in a collection system and are then taken by collecting channels to one or a multiple of collection channels.

 

This collection system may in no way be connected indirectly or directly to a public sewer, surface water, a reservoir for surface water, a trench or a groundwater layer.

 

§ 2.

The contents of a leaking container are immediately loaded or pumped into a different suitable container. Spilt liquids are immediately localised and placed in a drum for this purpose. At the establishment the necessary intervention materials for this, such as absorption and neutralisation materials, oversize drums, protective resources, etc. are present so that a prompt intervention can be made in the case of leaks, faulty packing, spillages and other incidents in order to limit the possible harmful consequences to the greatest possible extent.

 

§ 3.

The collection system and the collection wells are regularly emptied, and at least after each incident. The waste material flows obtained are disposed of in an appropriate manner.


Article 5.17.4.3.11.

All necessary measures are taken to regularly remove any rainwater that may enter the bund.

 

Before the rainwater is removed, the operator ensures there is none of the stored product present in the water. If the water contains stored products, he/she takes all the necessary measures to prevent the pollution of soil, groundwater and surface water.


Article 5.17.4.3.12. Translation not available

Article 5.17.4.3.13.

§ 1. Minimum extinguishing and cooling provisions

A tank farm for the storage of group 1 dangerous liquids is provided with an effective, permanent foam installation or an extinguishing or refrigeration installation suitable to the circumstances, in consultation with the authorised fire service.
The establishment must have a quantity of water to be able to spray or cool the containers for a sufficient period. Upon failure of the normal electricity supply, the operation of the extinguishing or refrigeration installations is assured by emergency power units or equivalent emergency installations.

 

§ 2.

Establishments with containers for the storage of flammable liquids of danger category 1 or 2 classified in class 1 which are not manned or which are only manned during ordinary working hours are, after consultation with the authorised fire brigade, equipped with an effective smoke, gas or flame detection system which sounds an alarm at a manned monitoring centre.

 

§ 3.

For the storage of group 1 dangerous liquids in tank farms, the fire-fighting equipment is inspected on commissioning by an SR expert or by a competent expert, unless this inspection is carried out wholly or partially by the competent fire service or by the operator or his/her representative in consultation with the competent fire service.


Article 5.17.4.3.14.

The accessibility of the tank farm is conceived in such a way that:

traffic in the zones where a reasonable danger of fire and explosion exists is kept to a minimum;

the tank farm has easy access;

there is easy access for the intervention material.

vehicles with which products are taken away or delivered must, during loading or unloading, to the extent technically possible be located at a loading/unloading place with larger dimensions than an ordinary road lane.

 


Article 5.17.4.3.15.

§ 1.

The operator of a tank farm keeps a file at appropriate places at the establishment for the authorised fire brigade, with at least the following information:

a map of the tank farm and the access roads;

a description of the fire-fighting resources with their indication on a map;

a description of the products stored with the main physical and chemical properties (danger cards) and, where applicable, indicating the classification according to the CLP Regulation, the UN number and the ADR code;

the water content capacity of the containers;

the composition of any establishment's own fire service.

 

Any other equivalent manner of providing information is allowed, providing the consent of the supervisor and of the authorised fire brigade has been given.


Article 5.17.4.3.16. Translation not available

Article 5.17.4.3.17.

Following the inspections described in Article 5.17.4.3.4, during the installation or the periodic investigations specified in Article 5.17.4.3.16, the experts or the recognised technician draw up a certificate from which it unambiguously appears whether or not the installation complies with the conditions of these regulations. The above-mentioned certificate also specifies the name and the recognition number of the expert or recognised technician who carried out the inspection.

 

Except in the case of a tank farm, a clearly visible and readable sticker or plate is applied to or near the filling pipe, which shows its recognition number, the year and the month of either the check upon installation or the last check carried out, and of the next check that is to take place.

 

The sticker or plate has the following colour:

green, when the container and the installation comply with this Order;

orange, when the container and the installation do not comply with the provisions of this order, but the faults established cannot cause pollution outside the container;

red, when the container and the installation do not comply with this Order and the faults determined could cause or have caused pollution outside the container or if, following a period of not more than six months with an orange label or plate, the same faults are again determined on the container and the installation.


Article 5.17.4.3.18.

Containers of which the filler pipe is provided with a green sticker or plate as specified in Article 5.17.4.3.17 may be filled, replenished and operated.

 

Containers of which the filler pipe is provided with an orange sticker or plate specified in Article 5.17.4.3.17 may still be filled or replenished and operated for a transitional period of a maximum of six months. This period starts on the first day of the month following the month specified on the relative orange sticker or plate. In this case a new check takes place before the expiry of the above-mentioned term. The awarding of an orange sticker or plate is a one-time issue for the faults observed, i.e. the orange identification sticker or plate is followed by a green or red sticker, depending on whether or not the faults previously observed satisfy the requirements of the provisions of these regulations.

 

By way of derogation from subparagraph 2, this 6-month transitional period may be extended in exceptional circumstances by the expert or accredited technician for measures that cannot be implemented within the six months. In this case, the measures and deadlines are laid down in writing. The expert or accredited technician monitors the implementation of the measures and decides whether more frequent interim inspections of the container concerned and the installation are required. If, after the transitional period, the faults initially observed have not been remedied, the container or installation is given a red sticker or plate. 

 

It is prohibited to fill or allow the filling of containers whose filler hoses are fitted with the red sticker or plate specified in Article 5.17.4.3.17. The operator takes all the necessary measures to return the storage installation to good condition in accordance with the certificate from the recognised environmental expert, authorised expert or fuel oil technician, after which the storage installation must be re-inspected. Within fourteen days of the affixing of a red tag or plate, the operator or, at his/her request, the recognised environmental expert, authorised expert or fuel oil technician, notifies the division of the Flanders Environment Agency competent for groundwater.

 

It is also prohibited to fill or allow the filling of containers whose filler hoses are not fitted with a sticker or plate specified in Article 5.17.4.3.17.


Article 5.17.4.3.19. Translation not available

Article 5.17.4.3.20. Translation not available

Article 5.17.4.3.21.

§ 1.

If leaks are observed, the operator takes all the measures required to avoid the danger of explosion and limit further soil and groundwater pollution to the greatest possible extent.

 

§ 2.

After professional repairs the container may only be brought back into use if a certificate has been issued by an environmental expert in the discipline of containers for gases or dangerous substances or by a competent expert or, for the storage of group 2 dangerous liquids intended for the heating of buildings, by a recognised fuel oil technician. From this certificate it clearly appears that the container and the installation comply with the requirements of this order.

 

§ 3.

If containers are permanently decommissioned, whether or not because of leaks, within 36 months the container is emptied, cleaned and removed without prejudice to the order of the Government of Flanders of 17 February 2012 adopting the Flemish regulations on the sustainable management of material cycles and waste materials.

 

If it is materially impossible to remove the container, within the same term, after consultation with an environmental expert in the discipline of containers for gases or dangerous substances or with a competent expert or, for the storage of group 2 dangerous liquids intended for the heating of buildings, with a recognised fuel oil technician, the container is emptied and cleaned and the necessary measures taken to protect against explosion and avoid soil and groundwater pollution.

 

From 1 June 2015, when the container is decommissioned the expert or the recognised fuel oil technician prepares a certificate clearly showing that the decommissioning was performed according to the highest professional standards. This certificate also specifies the name and the recognition number of the expert or the recognised fuel oil technician.


Subsection 5.17.4.4.
Control of the emission of volatile organic compounds (VOC) during the storage and transfer of dangerous liquids


Subsection 5.17.4.4.1.
Stage I vapour recovery

Article 5.17.4.4.1.1. This subsection applies to the establishments meant in subsection 17.3.2.2 of the classification list, insofar as these establishments concern the reception, storage and transfer of petrol.

Article 5.17.4.4.1.2. Without prejudice to the other provisions of this order, the storage installations meet the technical conditions of appendix 5.17.9, §2.

Article 5.17.4.4.1.3. Translation not available

Article 5.17.4.4.1.4. Storage installations that form part of dispensing installations for petrol must comply with the technical regulations of appendix 5.17.9, §4, and may only be filled by mobile tanks that comply with the Royal Decree transposing Article 5 of Directive 94/63/EC of the European Parliament and of the Council of 20 December 1994 on the control of the volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to fuel stations.

Article 5.17.4.4.1.5. The operator keeps a register containing the throughput figures. This register is kept at the disposal of the supervisor.

Article 5.17.4.4.1.6. The operator of a vapour recovery installation keeps a register which accurately records every period during which the installation is out of use, as well as the reasons for this and the measures taken. This register is available for perusal at the place of operation. The information in this register may be requested or examined at any time by the supervisor.

Subsection 5.17.4.4.2.
Storage and transshipment activities in petroleum refineries
Translation not available

Article 5.17.4.4.2.1. [...]

Article 5.17.4.4.2.2. Translation not available

Subsection 5.17.4.4.3.
Control over the discharge of volatile organic compounds (VOC) during the storage and shipment of volatile liquid (petrol excluded) in independent storage depots.

Article 5.17.4.4.3.1.

§ 1.

The provisions of this subsection apply to the storage areas specified in section 17 of the classification list, on condition that these storage areas concern the reception, storage and transfer of dangerous liquids in an independent storage depot. These provisions apply without prejudice to section 5.17.4.

 

§ 2.

The provisions of this subsection apply solely to the storage and transfer of liquids with a vapour pressure in excess of 13.3 kPa at a temperature of 35°C. They do not apply to the storage and transfer of petrol, or storage and transfer from and to tanks with a storage capacity of less than 500 m³. Nor do the provisions of Article 5.17.4.4.3.3 apply to storage and transfer from and to sea-going vessels.


Article 5.17.4.4.3.2.

§ 1.

Transfer from and to mobile tanks involves the use of a vapour recirculation system or similar vapour control equipment.

 

§ 2.

Crude oil, naphtha, diesel reformate and gas condensate are stored in tanks fitted with a floating roof or similar vapour control equipment. For these products, paragraph 1 does not apply to transfers from and to sea-going vessels.

 

§ 3.

In the case of products other than those specified in paragraph 2, paragraph 1 does not apply if the tank in question is fitted with a floating roof.

 

§ 4.

All external floating roofs are fitted with a primary seal to seal off the ring-shaped space between the wall of the container and the outermost edge of the floating roof, and a secondary seal applied on top of the primary seal.

 

§ 5.

All internal floating roofs are fitted with a primary seal to seal off the ring-shaped space between the wall of the container and the outermost edge of the floating roof.

 

§ 6.

In the case of all primary seals specified in paragraphs 4 and 5, a seal or a metal plate and steel spring is applied directly to the liquid.

 

§ 7.

Seals other than those specified in paragraphs 4, 5 and 6 are permissible, on condition that it can be demonstrated that VOC emissions from the storage or transfer activity in question are limited to the same degree.


Article 5.17.4.4.3.3.

§ 1.

If the storage and transfer of the liquids specified in Article 5.17.4.4.3.1, §2 involves an annual, effective VOC emission of 20 tonnes or more, the necessary vapour control equipment is applied so as to reduce the annual VOC emission by 85% compared with the situation in which no vapour control equipment is used.

 

§ 2.

For testing the emissions against the reduction percentage of 85%, use is made of the calculation method specified in appendix 5.17.10. The calculation of the reduction percentage is kept available for perusal by the supervisor.


Article 5.17.4.4.3.4.

§ 1.

Article 5.17.4.4.3.2 applies from 1 January 2010.

 

By way of derogation from this, the following applies:

for storage tanks with internal floating roofs, which were already in operation before 1 January 2008, the provisions in paragraphs 5 and 6 apply as of the next general inspection specified in Article 5.17.4.3.16, §2;

for loading operations involving crude oil, naphtha, diesel reformate and gas condensate, paragraph 1 applies as of 1 January 2012.

 

 

§ 2.

Article 5.17.4.4.3.3 applies from 1 January 2012.


Subsection 5.17.4.5.
Control of the emission of volatile organic compounds (VOC) through leakage losses in aboveground fixed containers


Article 5.17.4.5.1.

This subsection applies to the storage sites stated in section 17 of the classification list if aboveground fixed containers are involved that contain organic volatile compounds with a vapour pressure of more than 13.3 kPa at a temperature of 35°C.

 

This subsection does not apply to activities in the installations 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 5.17.4.5.2.

§ 1.

Containers that periodically or continuously contain fluids as stated in Article 5.17.4.1.9, §1, or fluids identified by danger pictogram GHS08, are inspected annually, without a period of sixteen months between consecutive inspections being exceeded, using an IR camera, for emissions into the atmosphere as stated in Dutch technical agreement (NTA) 8399:2015.

 

Containers with a volume of less than 100 m³ are exempt from the requirement stated in subparagraph 1.

 

§ 2.

A two-yearly inspection applies to containers that contain liquids other than those stated in paragraph 1, without a period of thirty-two months between consecutive inspections being exceeded.

 

Containers with a volume of less than 500 m³ are exempt from the requirement stated in subparagraph 1.

 

§ 3.

The inspection is carried out at the moment the containers contain products with a vapour pressure of more than 13.3 kPa at a temperature of 35°C.

 

§ 4.

Horizontal and spherical containers that are already periodically inspected for leaks in implementation of the measurement and management programme stated in section 4.4.6 are exempt from the requirements stated in paragraphs 1 and 2.

 

§ 5.

The inspections with the IR camera stated in paragraphs 1 and 2 are performed for the first time no later than on 31 December 2016.

 

§ 6.

For containers not fitted with a floating roof and whereby all potential emission sources can be reached with a measuring device as stated in method EN 15446:2008, this method can be used in place of the one stated in paragraph 1. In that case, the measurements are taken by a laboratory in the discipline air recognised for these measurements as stated in Article 6, 5°, b) of the VLAREL, or by the operator in accordance with Article 4.4.6.2.3, §3. Operators that choose this alternative must notify the supervisor accordingly.


Article 5.17.4.5.3. The inspections with the IR camera are performed by a measurement technician with a basic knowledge of thermography as stated in NTA 8399:2015.

Article 5.17.4.5.4.

For each container, the measurement technician prepares an inspection report containing the information of Appendix D of NTA 8399:2015.

 

In addition, a video recording of each inspection is retained which clearly shows that all parts of the holder were checked for leaks.

 

The reports and video recordings are kept at the disposal of the supervisor for a period of five years by the operator.


Article 5.17.4.5.5.

§ 1.

All emission sources of containers stated in Article 5.17.4.5.2, §1 are, where possible, sealed immediately following the inspection. All other emission sources are, where possible, sealed within three months.

 

§ 2.

All emission sources that cannot be repaired within the deadlines stated in paragraph 1 are included in a repair plan by the operator which indicates for each emission source why repair within this deadline was not possible and when the repair will be carried out.

 

§ 3.

For emission sources that originate in apparatus that was designed so that the emission observed can be considered normal, it is documented for each source why repair is not possible.


Section 5.17.5.
Fuel distribution installations for motor vehicles

[...]


Article 5.17.5.1. [...]

Article 5.17.5.2. [...]

Article 5.17.5.3. [...]

Article 5.17.5.4. [...]

Article 5.17.5.5. [...]

Article 5.17.5.6. [...]

Article 5.17.5.7. [...]

Chapter 5.18.
Mineral extraction


Section 5.18.1.
General provisions


Article 5.18.1.1. Translation not available

Article 5.18.1.2. Translation not available

Section 5.18.2.
Conditions for the mining work


Subsection 5.18.2.1.
Demarcation of the licensed mining zone


Article 5.18.2.2.1. Translation not available

Subsection 5.18.2.2.
Access to the mining site


Article 5.18.2.2.1. Access to the mining site is prohibited by means of signs posted at appropriate locations and clearly visible from the public highway. The mayor is consulted to establish how and where the mining work must to be fenced off in those areas which constitute a serious danger to the public.

Subsection 5.18.2.3.
Surveying of reference points for mining sites beside roads, buildings, pylons and civil engineering works


Article 5.18.2.3.1.

Before a mining site is opened beside roads, buildings, pylons and civil engineering works, at least two reference points are established for each structure and surveyed in x, y and z, with a measuring accuracy for height of at least 1 cm. In the case of roads, the reference points are established every 100 metres. The reference points are surveyed every five years during the mining work.

 

The results of the surveys are included in the basic progress report of the type specified in the order of the Government of Flanders of 26 March 2004 concerning rules on the implementation of the surface mineral deposits decree.


Subsection 5.18.2.4.
Mining method


Article 5.18.2.4.1.

The operator adapts the mining method to the ground layers to be mined, the overlying soil and the deposits in the environment. The operator takes the necessary measures to prevent the risks of stability problems, damage to buildings and civil engineering structures and drying of adjacent sites and water supply points.

 

It is prohibited to undermine or undercut the face. When no longer mined, faces are closed off according to the gradients specified in subsection 5.18.2.7.


Subsection 5.18.2.5.
Piling up of overlying soil or topsoil


Article 5.18.2.5.1.

If the approved work plan provides that overlying soil or topsoil is excavated in separate stages, it is piled at a distance from the face sufficient to prevent the danger of stability problems.

 

The piling up of overlying soil or topsoil within the protective strip, and for wet mines also on ground that has already been infilled, is only permitted if the operator has demonstrated that this is sufficiently safe by means of a stability study or a well-founded extrapolation of existing empirical data.


Subsection 5.18.2.6.
Creation of protective strips


Article 5.18.2.6.1. Translation not available

Article 5.18.2.6.2. Translation not available

Article 5.18.2.6.3. When deepening the mine, the operator checks whether the existing protective strips at ground level sufficiently take the new depth into account. If this is not the case, the operator creates an additional protective strip along the edge of the old pit floor, so that the total width is sufficient for the new depth.

Subsection 5.18.2.7.
Gradients during mining work


Article 5.18.2.7.1. The operator respects the specified gradients during mining work. All surface minerals below the profile of the gradients must remain untouched.

Article 5.18.2.7.2. Translation not available

Article 5.18.2.7.3. If permission is given to mine up to the plot boundary, the maximum gradients for final gradients after mining specified in Articles 5.18.2.8.2 and 5.18.2.8.3 apply to the gradients during mining.

Subsection 5.18.2.8.
Final gradients after mining


Article 5.18.2.8.1. Translation not available

Article 5.18.2.8.2. Translation not available

Article 5.18.2.8.3. The provisions of this subsection do not apply to establishments that were definitively licensed before 1 January 2014 and to renewals and extensions of such licences.

Subsection 5.18.2.9.
Water management


Article 5.18.2.9.1.

During and after mining work, the operator ensures that the water regime in the environment is as close as possible to the normal situation. A change in the groundwater level must be avoided and, if that does not appear possible, it must be kept to a minimum.

 

In the case of wet mining, the operator takes measures to prevent pollution of the water by oil spills, among other things by fitting floating dredgers or sand pumps with devices to prevent leakage and by providing materials which can be used to clear an oil spill.


Article 5.18.2.9.2. Translation not available

Article 5.18.2.9.3. The distance between the bottom of the mining works and the top of a deeper aquifer is at least equal to the rise of this aquifer above its top, divided by 1.6.

Subsection 5.18.2.10.
Stability problems and other incidents


Article 5.18.2.10.1.

The operator reports any impending instability that could present a danger to the environment immediately by fax, e-mail or telephone to the mayor and supervisors of the division competent in matters of environmental enforcement and the division competent for natural resources.

 

The operator reports any major accident or incident and any actual instability that affects more than 10% of the width of a protective strip or that has a volume of more than 250 m³ and whereby a protective strip or a specified gradient is affected immediately by fax, e-mail or telephone to the mayor and supervisors of the division competent in matters of environmental enforcement and the division competent for natural resources.


Article 5.18.2.10.2.

In case of an instability with a volume of more than 500 m³ whereby a protective strip or a specified gradient is affected, or in case of an instability that extends beyond half a protective strip, the operator surveys the geometry of the gradients within 7 calendar days. The operator sends the surveyed geometry together with a detailed instability report to the division competent for natural resources within 90 calendar days.

 

The instability report clearly indicates where work was being carried out at the time the instability occurred, and also contains at least the following information:

a photographic report;

a survey plan of the zone around the instability, including at least 3 profiles, among them the situation before and after the instability, and specifying all available information from earlier soil surveys;

information about the production and production method;

the groundwater levels, groundwater flows and groundwater seepage;

a soil survey, consisting of at least four deep drilling tests and at least two measuring wells;

an estimate of the cause of the instability;

a stability study;

a proposal of the measures to be taken and a schedule.

 


Subsection 5.18.2.11.
Restoration of protective strips and gradients


Article 5.18.2.11.1.

The operator restores protective strips and specified gradients that are damaged as quickly as possible.

 

The operator reports any restoration with a volume of at least 250 m³ within 24 hours by fax, e-mail or letter to the division competent in matters of environmental enforcement and the division competent for natural resources.


Subsection 5.18.2.12.
Mining work near former infills


Article 5.18.2.12.1. In the case of mining work near former infills, the operator takes the greatest possible care, in view of the increased risk of stability problems.

Article 5.18.2.12.2. Wet mining near former infills and extraction of infilled land are only permitted if the operator has demonstrated by means of a stability study that they are sufficiently safe.

Subsection 5.18.2.13.
Excavation of coal terrils


Article 5.18.2.13.1. Translation not available

Article 5.18.2.13.2.

The operator repairs specified gradients and verges that are damaged as quickly as possible.

 

The operator reports any repair with a volume of at least 250 m³ within 24 hours by fax, e-mail or letter to the division competent in matters of environmental enforcement and the division competent for natural resources.


Article 5.18.2.13.3.

In refilled zones and in zones where there is no further excavation work, the operator takes the necessary measures to allow the run-off of surface water in a controlled manner via gullies. In gullies created on verges or at the base of a gradient, the operator installs a liner to limit to a minimum possible erosion and infiltration of surface water.

 

Stagnant water is only permitted in refilled zones if a bottom liner has been installed.


Subsection 5.18.2.14.
The use of explosives


Article 5.18.2.14.1. Translation not available

Chapter 5.19.
WOOD


Section 5.19.1.
General provisions


Article 5.19.1.1.

§ 1.

The provisions of this section apply to the establishments meant in section 19.

 

§ 2.

[...]


Article 5.19.1.2. Translation not available

Article 5.19.1.3. Translation not available

Article 5.19.1.4. Translation not available

Section 5.19.2.
Chemical treatment of wood and similar products


Subsection 5.19.2.1.
Common provisions


Article 5.19.2.1.1. Translation not available

Article 5.19.2.1.2.

When creosote oil is used as as wood preservative, the necessary preventive measures are taken to limit emissions to a level not exceeding that when WEI type C is used as a wood preservative. The operator substantiates this via a report from an EIA expert recognised in the discipline of air, as specified in Article 6, 1°, d) of VLAREL. This certificate is kept available for perusal by the supervisory authority. Creosote oil of WEI type C meets the following specifications:

 

property

WEI type C

density 20/4°C (g/ml)

1.03 - 1.17

water content (vol%)

 

 - original creosote

max. 1

 - used creosote

max. 3

crystallisation temperature (°C)

max. 50

water-extractable phenols (m/m%)

max. 3

insoluble matter

 

 - original creosote

max. 0.4

 - used creosote

max. 0.6

boiling point area (vol%)

 

 - distillate up to 235°C

-

 - distillate up to 300°C

max. 10

 - distillate up to 355°C

65 - 95

benzo[a]pyrene content  (mg/kg)

max. 50

flashpoint (°C)

min. 61

vapour pressure at 25°C (hPa)

< 1

 


Subsection 5.19.2.2.
Immersion in liquids at atmospheric pressure


Article 5.19.2.2.1. The provisions of this subsection apply to wood impregnation installations whereby the treatment consists of immersion in liquids at atmospheric pressure.

Article 5.19.2.2.2.

§ 1.

The installations are placed under a canopy or in a room.

 

§ 2.

The impregnating liquids, the raw materials used and the impregnated wood are stored and treated in such a way that dangerous, nuisance or unhealthy conditions are prevented in the vicinity, as are any cases of pollution.

 

§ 3.

The impregnating liquids are prepared and used in suitable vats, designed and built according to a code of good practice, taking account of the properties of these liquids.

 

§ 4.

Measures are taken to prevent the inadvertent falling of objects or substances into the vats. A sealed cover or equivalent alternative prevents dangerous, toxic and harmful vapours from being spread by the soaking installation.


Article 5.19.2.2.3. In cases where carbolineum or creosote are used as a wood preservative, soaking or dipping at atmospheric pressure are prohibited.

Subsection 5.19.2.3.
Treatment in pressurised appliances


Article 5.19.2.3.1. The provisions of this subsection apply to wood impregnation installations whereby the treatment takes place in pressurised appliances.

Article 5.19.2.3.2.

§ 1.

The impregnating liquids, the raw materials used, as well as the impregnated wood are stored and treated in such a way that dangerous, nuisance or unhealthy circumstances for the vicinity, as well as pollution of the surrounding area, are prevented.

 

§ 2.

The impregnating liquids are prepared and used in suitable vats, designed and built according to a code of good practice, taking account of the properties of these liquids.


Article 5.19.2.3.3. Translation not available

Article 5.19.2.3.4.

§ 1.

The container is only placed under pressure when it is certain that it no longer contains any air. The emptying of a vat containing impregnating liquid may nevertheless take place using compressed air on condition that the pressure of the compressed air does not exceed one quarter of the maximum operating pressure.

 

§ 2.

The pressurised container is examined internally and externally every year by an environmental expert recognised in the discipline of appliances and installations under pressure.

 

§ 3.

The operator always assures himself/herself of the good state of maintenance of the installations and of the effective working of the safety appliances.

 

On a regular basis an authorised person proceeds with an inspection of the installations (containers, pipework, pumps, valves, hoses, couplings and safety devices).

 

The operator keeps a monitoring programme at the disposal of the official charged with supervision. This programme specifies the nature, the extent and the periodicity of the checks to be carried out, and also the names of the authorised persons and of the recognised environmental expert who carried out the last check.

 

§ 4.

The dates for the checks meant in § 3, the measuring results and other observations as well as any repairs or modifications to the installations are recorded in a register which, together with the control reports, is kept available to the supervisor.

 

§ 5.

At least once a year, the register meant in §4 is signed by the operator or his/her representative after he/she has assured himself/herself that:

the monitoring programme has been implemented;

observations made during checks have been duly acted upon;

whether or not, following the observations made, more frequent interventions and/or checks are necessary.

 


Article 5.19.2.3.5. A vacuum process must always follow the actual wood preservation process.

Chapter 5.20.
INDUSTRIAL ESTABLISHMENTS WHICH CAN CAUSE AIR POLLUTION


Section 5.20.1.
General provisions


Article 5.20.1.1.

§ 1.

The provisions of this chapter apply to the establishments meant in section 20 of the classification list.

 

§ 2.

By way of derogation from the general emission limit values specified in chapter 4.4., the emission limit values specified in other chapters of this order for specific categories of establishments also apply for the categories of establishments covered by the specified sections in § 1 with the same industrial activity. In particular these are the emission limit values specified in chapters 5.7. "Chemicals" and 5.29. "Metals" which apply respectively for the establishments meant in subsections 20.4 and 20.2.

 

§ 3.

In accordance with the Royal Decree of 23 October 2001 restricting the marketing and use of certain dangerous substances and preparations (asbestos), the use and production of materials containing asbestos is prohibited.


Section 5.20.2.
Petroleum refineries


Article 5.20.2.1. The section applies to the establishments meant in sections 1.1 and 20.1.2 of the classification list.

Translation not available

Article 5.20.2.2. Translation not available

Article 5.20.2.3. Translation not available

Article 5.20.2.4. Translation not available

Article 5.20.2.5. [...]

Article 5.20.2.6. Translation not available

Article 5.20.2.7. Translation not available

Article 5.20.2.8. Translation not available

Section 5.20.3.
Installations for the dry distillation of coal (coke ovens)


Article 5.20.3.1. Underfiring, coke oven gas and combustion plants

[...]


Article 5.20.3.2. Filling the coke ovens

[...]


Article 5.20.3.3. Filling opening covers

[...]


Article 5.20.3.4. Riser pipe covers

[...]


Article 5.20.3.5. Coke oven operating machines

[...]


Article 5.20.3.6. Coke oven doors

[...]


Article 5.20.3.7. Coke ejection

[...]


Article 5.20.3.8. Coke cooling

[...]


Article 5.20.3.9. Operating manual

[...]


Article 5.20.3.10. Existing installations

[...]


Section 5.20.4.
Production of glass fibre or rock fibre and glass wool, manufacture of glass (flat, concave and special glass) and manufacture of crude ceramics


Subsection 5.20.4.1.
Production of glass (flat, concave and special glass) and of glass fibre or rock fibre


Article 5.20.4.1.1.

§ 1.

The emission limit values for flame-heated glass melting furnaces concern a reference oxygen level of 8%, and for flame-heated crucible kilns and open tiling a reference oxygen level of 13%.

 

§ 2.

The following emission limit values apply to NOx, expressed as NO2:

 

 

oil fired
g/Nm³

gas fired
g/Nm³

crucible kilns

1.2

1.2

tiling with recovery heat recovery

1.2

1.4

open tiling

1.6

1.6

U-fire tiling with regenerative heat recovery

1.8

2.2

crossfiring tiling with regenerative heat recovery

3.0

3.5


Insofar as purification with nitrate is necessary for production quality considerations, the emissions may not exceed double the values specified in the previous subsection.

All possibilities for the reduction of emissions of nitrogen oxides by means of technical heating measures and other available state-of-the-art measures must be applied.

 

§ 3.

The following emission limit values apply to SOx, expressed as SO2, for a mass flow of 10 kg/hour or more for flame-heated:

a)

glass melting furnaces 1.8 g/Nm³

b)

crucible kilns and open tiling 1.1 g/Nm³.

 


Subsection 5.20.4.2.
Establishments for the manufacture of ceramic products


Article 5.20.4.2.1. For establishments meant in subsection 20.3.5 of the classification list, the provisions of chapter 5.30 apply.

Section 5.20.5.
Installations for the generation of hydroelectric energy [...]


Article 5.20.5.1. Translation not available

Section 5.20.6.
Installations for the generation of electricity through wind energy


Subsection 5.20.6.1.
Scope


Article 5.20.6.1.1. Translation not available

Subsection 5.20.6.2.
Cast shadow


Article 5.20.6.2.1. If a cast shadow-sensitive object is located within the contour of four hour expected cast shadow per year of the wind turbine, the wind turbine is equipped with an automatic stoppage module.

Article 5.20.6.2.2.

The operator keeps a logbook for each wind turbine. This logbook indicates the data needed to determine the effective cast shadow for each relevant cast shadow-sensitive object within the contour of four hours of expected cast shadow per year.

 

The operator also keeps the following data for each relevant cast shadow-sensitive object within the contour of four hours of expected cast shadow per calendar year available in the logbook for perusal by the supervisors:

the list of all relevant cast shadow-sensitive objects with their respective Lambert coordinates;

a cast shadow calendar for each relevant cast shadow-sensitive object in table form, giving the astronomically maximum possible cast shadow duration for each wind turbine.

 

For at least the first two years of operation, the operator draws up a control report based on the data specified in subparagraphs 1 and 2. This report at least specifies how much effective cast shadow each relevant cast shadow-sensitive object within the contour of four hours of expected cast shadow per year has experienced and what remedial measures were taken, if applicable.


Article 5.20.6.2.3.

For relevant cast shadow-sensitive objects in industrial areas, with the exception of houses, a maximum of thirty hours' effective cast shadow per year applies, with a maximum of thirty minutes' effective cast shadow per day.

 

For relevant cast shadow-sensitive objects in all other areas, and for houses in industrial areas, a maximum of eight hours' effective cast shadow per year applies, with a maximum of thirty minutes' effective cast shadow per day.


Subsection 5.20.6.3.
Safety


Article 5.20.6.3.1. All wind turbines are constructed according to the safety aspects of the IEC61400 standard or equivalent and are provided with the necessary certificates, unless they are at a recognised test location. The certificates are issued by a recognised inspection body and show that the prevailing standards and safety requirements are met. The turbine is certified at the start of its construction.

Article 5.20.6.3.2.

All wind turbines are provided with:

an ice detection system that automatically stops the turbine if ice forms;

a lightning protection system; 

a redundant brake system;

an online control system, whereby irregularities are detected immediately and forwarded to a turbine-specific control unit. 

 

After the wind turbine has stopped as a result of the ice detection system, a visual or equivalent check of the blades is carried out. The wind turbine is not re-started until all ice has been removed from the blades.


Subsection 5.20.6.4.
Noise


Article 5.20.6.4.1. Noise measurements are carried out by an environmental expert in the discipline of noise and vibration, sub-area noise, specified in Article 6, 1°, c) of VLAREL. The authorised expert is guided by the measuring regulations of the minister responsible for the environment.

Article 5.20.6.4.2. Translation not available

Chapter 5.21.
COLOURANTS AND PIGMENTS


Article 5.21.0.1. The provisions of chapter 5.4 apply to the establishments meant in section 21 of the classification list. The general provisions and any other applicable sectoral and special conditions remain fully in force.

Chapter 5.22.
COSMETIC SUBSTANCES


Article 5.22.0.1. For establishments meant in section 22 of the classification list, no sectoral regulations are specified. The general provisions and any other applicable sectoral and special conditions remain fully in force.

Chapter 5.23.
SYNTHETICS


Article 5.23.0.1. The provisions of this chapter apply to establishments as meant in subsections 23.1 and 23.2 of the classification list.

Article 5.23.1.1. Translation not available

Article 5.23.1.2.

§ 1.

The emission limit values for organic substances specified in points 1°, 2° and 3° of Article 5.23.1.1 are not applicable to activity 16 of Appendix 5.59.1 if the installation for this activity meets the requirements of the provisions of Chapter 5.59.

 

[...]

 

§ 2.

The provisions of § 1 also apply to establishments for which the solvent consumption of the activities concerned is less than the threshold value of appendix 5.59.1. In that case, the highest emission limit values apply for activity 16 of appendix 5.59.1.


Chapter 5.24.
LABORATORIES


Article 5.24.0.1. This chapter applies to the establishments meant in section 24 of the classification list.

Article 5.24.0.2.

The sectoral standards specified in appendix 5.3.2, 21° apply to the discharge of waste water from laboratories.

 

The operator takes the following preventive measures:

the operator applies the principle of care and stimulates the use of environmentally-friendly substances by:

 

a)

including waste collection procedures in internal regulations;

 

b)

limited and structured use of cleaning products and disinfectants with the lowest possible environmental impact;

 

c)

limited and justified use of environmentally-harmful chemicals;

 

d)

the establishment and implementation of a system for the selective collection of waste flows: chemical waste, not only concentrated waste flows and polluted rinsing or residual liquids, but also environmentally-harmful medical waste, are collected and disposed of as waste to limit their discharge;

the operator keeps a register of:

 

a)

the nature and quantities of chemical products purchased;

 

b)

the nature and method of disposal of the dangerous waste flows.


Chapter 5.25.
LEATHER


Article 5.25.0.1.

§ 1.

The provisions of this chapter apply to the establishments meant in section 25 of the classification list.

 

§ 2.

It is prohibited to operate an establishment as meant in subsections 25.1, 25.2 and 25.3 of the classification which is wholly or partly located in a water abstraction area and/or protected zone I, II and III;

 

§ 3.

The prohibitions of §2 do not apply to existing establishments or parts of them.

 

§ 4.

Animal by-products are treated, collected and disposed of as category 1, category 2 or category 3 material in accordance with the requirements of the regulation on animal by-products and its implementing Regulation (EU) No 142/2011.


Article 5.25.0.2.

§ 1.

Processing installations and storage sites where the origination of odours can be expected must be accommodated in closed spaces.

 

§ 2.

The waste gases from the processing installations must be collected.

 

§ 3.

Raw materials and intermediate products where the origination of odours can be expected must be stored in closed containers or spaces and, in principle, be cooled.

 

§ 4.

Waste gases with odour-intensive substances are removed to a waste gas treatment installation, or equivalent emission reduction methods are applied.


Article 5.25.0.3.

§ 1.

[...]

 

§ 2.

Regarding dyeing, the requirements of chapter 5.4. also apply.

 

§ 3.

[...]


Chapter 5.26.
ADHESIVES AND GELATINE NOT FOR CONSUMPTION


Article 5.26.0.1.

§ 1.

The provisions of this chapter apply to the establishments meant in section 26 of the classification list.

 

§ 2.

Animal by-products and derived products are treated, collected and disposed of as category 1, category 2 or category 3 material in accordance with the requirements of the regulation on animal by-products and its implementing Regulation (EU) No 142/2011.


Article 5.26.0.2.

§ 1.

It is prohibited to operate an establishment as meant in subsections 26.1 and 26.3 of the classification list:

which is wholly or partly located in a residential area and/or a water abstraction area and/or protected zone I, II and III;

of which the establishment buildings and/or storage areas are located less than 100 m from a residential area.

 

 

§ 2.

The prohibitions of §1 do not apply to existing establishments or parts of them.


Article 5.26.0.3.

§ 1.

Processing installations and storage sites where the origination of odours can be expected must be accommodated in closed spaces.

 

§ 2.

The waste gases from the processing installations and the air in the space must be collected.

 

§ 3.

Raw materials and intermediate products where the origination of odours can be expected must be stored in closed containers or spaces and, in principle, be cooled.

 

§ 4.

Waste gases with odour-intensive substances are removed to a waste gas treatment installation, or equivalent emission reduction methods are applied.


Chapter 5.27.
MATCHES, TORCHES AND SIMILAR PRODUCTS


Article 5.27.0.1. For establishments meant in section 27 of the classification list, no sectoral regulations are specified. The general provisions and any other applicable sectoral and special conditions remain fully in force.

Chapter 5.28.
MINERAL MANURES AND MANURE


Section 5.28.1.
Mineral manures


Article 5.28.1.1. The provisions of this chapter apply to the establishments as meant in subsection 28.1 of the classification list.

Article 5.28.1.2.

§ 1.

It is prohibited to operate an establishment as meant in Article 5.28.1.1.:

which is wholly or partly located in a water abstraction area and/or a protected zone I, II or III or in a residential area;

of which the establishment buildings and/or storage areas are located less than 100 m from a residential area.

 

 

§ 2.

The prohibitions of §1 do not apply to the existing establishments or parts of them, as meant in Article 1.1.2. 

 

Except for that regarding the water abstraction areas and protected zones type I and II, the prohibitions of § 1 do not apply for storage sites of mineral manures specified in subsection 28.1.f of the classification list.


Article 5.28.1.3. [...]

Article 5.28.1.4. [...]

Article 5.28.1.5. [...]

Article 5.28.1.6.

Waste gases are collected where they originate and where necessary removed to a waste gas treatment installation.

 

The following emission limit values apply to the discharged waste gases:

 

Parameter

Emission limit value

Dust from an installation for the granulating, drying or cooling of mineral manures

75 mg/Nm³

Dust from an installation for the granulating and drying of mineral manures, based on the wet process whereby the basic granulating liquid contains more than 10% water, value before removing the moisture

75 mg/Nm³

 


Article 5.28.1.7.

§ 1.

When mineral manures are stored in bulk, the storage sites must have a sealed wall on three sides which is at least 1.5 m tall and with a concrete floor. The fourth side must be provided in such a way that the washing away of drained water and rainwater from this permanent storage site is not possible. During bulk storage, a minimum form of covering against dispersion in the air is necessary.

 

§ 2.

The silo in which manures are stored complies with the following conditions [...]:

the silo is made of synthetic, metal, concrete or equivalent materials according to the rules of good workmanship and must be of a sufficiently strong construction;

the silo must be fitted with a ventilation system of a diameter sufficient to prevent underpressure from originating in the silo when its contents are drawn off;

a single silo may only be used to store the manures for which it is intended [...].

 


Section 5.28.2.
Manure


Scope.


Article 5.28.2.1.

§ 1.

The provisions of these sections apply to the establishments as meant in subsection 28.2 and section 29 of the classification list with the exception of storage installations of manure that are attached to an establishment as meant in subsections 9.3, 9.4, 9.5, 9.6, 9.7 and 9.8 the classification list.

 

§ 2.

Animal by-products and derived products not intended for human consumption are treated, collected and disposed of as category 1, category 2 or category 3 material in accordance with the requirements of the regulation on animal by-products and its implementing Regulation (EU) No 142/2011.


Prohibitory rules and stipulations of distances to be observed.


Article 5.28.2.2.

§ 1.

It is prohibited to operate an establishment as meant in Article 5.28.1.1.: 

which is wholly or partly located in a water abstraction area and/or a protected zone I, II or III or in a residential area;

which is located less than 100 m from a residential area.

 

 

§ 2.

The prohibitions of § 1 do not apply to the existing establishments or parts thereof as meant in Article 1.1.2., or to storage facilities for manure attached to non-classified animal housing.


Construction of storage sites.


Article 5.28.2.3. Translation not available

Section 5.28.3.
The treatment and processing of manure


Subsection 5.28.3.1.
Scope


Article 5.28.3.1.1.

§ 1.

The provisions of this section apply to the establishments as meant in subsection 28.3 of the classification list.

 

§ 2.

When the establishment meant in § 1 also processes waste materials, the conditions from chapter 5.2. also apply.

 

§ 3.

Animal by-products are treated, collected and disposed of as category 1, category 2 or category 3 material in accordance with the requirements of Regulation (EC) No 1069/2009 on animal by-products and its implementing Regulation (EU) No 142/2011.


Subsection 5.28.3.2.
The accepting of manure and nutrient flows


Article 5.28.3.2.1. Translation not available

Article 5.28.3.2.2. Translation not available

Article 5.28.3.2.3.

§ 1.

The operator keeps a register. In this register, the operator at least notes:

information about the delivered manure:

a)

the sequence number, date and time of the delivery of the manure;

b)

the nature of the manure (animal species, type (dry manure, farmyard manure, liquid manure, etc.), dry substance content);

c)

the source (producer) of the manure;

d)

the transporter of the manure and the means of transport mentioning the document number of the manure removal document or transfer document accompanying the manure;

e)

the quantity (mass and volume) of the manure [...];

f)

[...];

g)

if applicable, remarks concerning the manure and the delivery.

information about any removed untreated or unprocessed manure:

a)

the sequence number, date and time of the removal of the manure;

b)

the nature of the unprocessed manure (animal species, type (dry manure, farmyard manure, liquid manure, etc.), dry substance content);

c)

the destination of the manure;

d)

the transporter of the manure and the means of transport mentioning the document number of the manure removal document or transfer document accompanying the manure;

e)

the quantity (mass and volume) of the manure [...];

f)

[...];

g)

if applicable, remarks about the manure and the removal.

information about the removal of the finished products (for useful application or otherwise):

a)

the sequence number, date and time of the removal of finished products;

b)

the nature of the finished products;

c)

the destination of the finished products;

d)

the transporter of the finished products and the means of transport specifying the reference numbers of the manure removal document or transfer document;

e)

the quantity (mass and volume) of the finished products [...];

f)

[...];

information about delivered but refused manure:

a)

the sequence number, date and time of the delivery of the manure;

b)

the nature of the manure (animal species, type (dry manure, farmyard manure, liquid manure, etc.), dry substance content);

c)

the source (producer) of the manure;

d)

the transporter of the manure and the means of transport mentioning the document number of the manure removal document or transfer document accompanying the manure;

e)

the quantity (mass and volume) of the manure [...];

f)

[...];

g)

the reason for refusal and remarks about the manure and the delivery;

any difficulties and malfunctions observed, observations made, measurements performed and other information about the establishment's operation.

information about the delivery of other materials (including raw materials):

a.

the sequence number, time and date of the delivery of the other materials;

b.

the nature of the other materials;

c.

the source of the other materials;

d.

the quantity (mass and volume) of the other materials [...];

e.

[...];

 

 

§ 2.

[...]

 

§ 3.

The register meant in §1 is available for perusal by the supervisors.

 

§ 4.

It is possible to derogate from the requirement to keep the register information specified in paragraph 1 if it does not relate to transports of manures that have been rejected, as specified in § 1, 4°, if there are no remarks concerning the manure and the delivery and removal, and if the following conditions are also met:

the transport is carried out by a recognised manure transporter who uses the AGR-GPS system specified in Article 18, §4 of the order of the Government of Flanders of 19 July 2007 laying down detailed rules for the transport of manure and implementing Article 8, §5, 3° of the decree of 22 December 2006 on the protection of water against pollution by nitrates from agricultural sources;

there is an internet application, provided by the Flemish Land Agency, available at the establishment for perusal by the supervisors in which each transport specified in point 1° is included, and of which a copy can immediately be printed and made available at the request of the supervisors. 


Article 5.28.3.2.4.

§ 1.

The quantity of delivered, processed and removed manure and the quantity of delivered other materials (including raw materials) must be totalled per day, per month and per calendar year respectively in the register meant in Article 5.28.3.2.3 for manure by type. Upon simple request this information is communicated to the Manure Bank division of the Flemish Land Agency. The quantity of delivered manure is also totalled per Manure Bank number per calendar year.

 

§ 2.

[...]


Subsection 5.28.3.3.
The Work Plan


Article 5.28.3.3.1. Translation not available

Subsection 5.28.3.4.
Operation


Article 5.28.3.4.1. Translation not available

Article 5.28.3.4.2. Translation not available

Subsection 5.28.3.5.
Emission limit values


Article 5.28.3.5.1.

§ 1.

Each incineration installation (incineration, pyrolysis, thermolysis or similar technique) for manure must meet the following requirements:

a)

Installations licensed before 28 December 2002 must, up to and including 27 December 2005, meet the emission limit values and compulsory measurements for household waste incineration installations as established in section 5.2.3. From 28 December 2005 all provisions of subsection 5.2.3bis.3.1 apply.

b)

Installations licensed on and after 28 December 2002 must meet all provisions of subsection 5.2.3bis.1.

 

 

§ 2.

In addition to paragraph 1, the following emission limit values apply to the discharged waste gases originating from incineration installations for manure. The emission limit values relate to a reference oxygen level of 11%:

 

Emission limit values in mg/Nm³

half-hourly averages

NH3

50

H2S

5

NOx, expressed as NO2

200 with as guide value 100

 

 

§ 3.

For incineration installations for manure, on the initiative and at the expense of the operator, at least every six months measurements must be carried out of the concentrations of NH3 and H2S in the waste gases.


Article 5.28.3.5.2.

An emission limit value for ammonia of 10 mg/Nm³ at a mass flow of 150 g/h or more applies for the extracted ventilation air of manure drying installations and equivalent installations.

 

Until 30 June 2017, by way of derogation from subparagraph 1, an emission limit value for ammonia of 10 mg/Nm³ at a mass flow of 5 kg/h or more applies for establishments licensed before 1 July 2014.


Article 5.28.3.5.3. In an establishment with the biological and/or physico-chemical treatment of manure or a similar technique, the discharged waste waters must comply with the sectoral discharging conditions for industrial waste water specified in point 24bis, b) of Appendix 5.3.2 to this Order.

Chapter 5.29.
METALS


Article 5.29.0.1.

§ 1.

The provisions of this chapter apply to the establishments as meant in subsection 20.2 and section 29 of the classification list.

 

§ 2.

[...]


Article 5.29.0.2. During the processing of dust-producing substances, which due to their nature, grain size or specific properties could cause dust explosions, the necessary provisions must be taken to prevent the origination of dust explosions or limit any consequences of such to within the confines of the establishment, and to prevent their spreading to other parts of the installation.

Article 5.29.0.3. Loading and unloading as well as the transport of dust-producing substances

[...]


Article 5.29.0.4. Storage of dust-producing substances

§ 1.

If the substances stored are dust-producing substances which upon sieving with a maximum mesh size of 5 mm give a separable fraction of the substances below which is higher than the specified values expressed in weight per kg dry mass, storage must be done in silos or under a covering which is closed on all sides.

 

Substances

separable fraction in kg dry mass

-

chromium VI compounds, expressed in Cr

[...]  

-

arsenic and its compounds (expressed in As)

-

nickel and its compounds (expressed in Ni)

-

selenium and its compounds (expressed in Se)

500 mg/kg

-

cadmium and its compounds (expressed in Cd)

-

mercury and its compounds (expressed in Hg)

-

thallium and its compounds (expressed in Tl)

50 mg/kg

 

 

§ 2.

[...]

 

§ 3.

As regards the storage of dusty substances in sealed systems in an IPPC installation, being an installation marked by an X in the 4th column of the classification list, the following measures must be taken to control dust emissions:

without prejudice to the provisions of paragraph 1 of this Article, an installation for dust removal is used;

the dust emission from this dust removal installation is lower than 10 mg/Nm;

 

These provisions apply until 1 July 2017.


Article 5.29.0.5. [...]

Article 5.29.0.6. Translation not available

Article 5.29.0.7. Translation not available

Article 5.29.0.8. Regarding the sanding down of metals specified in subsection 29.5.4 of the classification list, the following regulations must be complied with:

without prejudice to the provisions of Article 5.29.0.6., § 1, grinding stones, discs, felt lining and polishing wheels are fitted with covers which only leave open the part strictly needed to do the work and which are connected to mechanical extraction appliances in the collection system.

Article 5.29.0.9. Translation not available

Article 5.29.0.9bis. Translation not available

Article 5.29.0.10. Use of hexachlorethane (HCE).

The use of hexachlorethane (HCE) is prohibited during the production or the processing of non-ferrous metals.

 

[...]


Article 5.29.0.11. Translation not available

Chapter 5.30.
CONSTRUCTION MATERIALS AND MINERAL PRODUCTS


Section 5.30.0.
General provisions


Article 5.30.0.1. Translation not available

Article 5.30.0.2.

§ 1.

It is prohibited to operate an establishment which in accordance with one or more of the subsections 30.2, 30.3, 30.4, 30.5, 30.7, 30.9 and 30.10 of the classification list is classified in the category 1: 

which is wholly or partly located in a residential area, a water abstraction area and/or protected zone I, II and III;

of which the establishment buildings and/or storage areas are located less than 100 m from a residential area.

 

§ 2.

The prohibitions of §1 do not apply to existing establishments or parts of them.


Article 5.30.0.3. [...]

Article 5.30.0.4.

§ 1.

[...]

 

§ 2.

[...]

 

§ 3.

[...]

 

§ 4.

Regarding the storage of dusty substances in sealed systems in an IPPC installation, being an installation marked by an X in the 4th column of the classification list, the following measures must be taken to control dust emissions:

an installation for the removal of dust is used;

the dust emission from this dust removal installation is lower than 10 mg/Nm³.

 

These provisions apply until 1 July 2017.

 

[...]

 

§ 5.

Cement silos are equipped with underpressure protection, overfilling protection and self-cleaning dust filters.


Article 5.30.0.5. [...]

Article 5.30.0.6. Waste gases are collected where they originate and where necessary transferred to a waste gas treatment installation.

Article 5.30.0.7. Translation not available

Article 5.30.0.7bis. An emission limit value for CO of 500 mg/Nm³ applies to discharged waste gases of blast furnace slag drying processes.

Article 5.30.0.8. In accordance with the Royal Decree of 23 October 2001 restricting the bringing to market and use of certain dangerous substances and preparations (asbestos), the use and production of materials containing asbestos is prohibited.

Section 5.30.1.
Establishments for the manufacture of ceramic products


Article 5.30.1.1. The provisions of this section apply to establishments as meant in subsections 20.3.5, 30.2.1° and 30.9 of the classification list.

Article 5.30.1.2. The stipulations of distances to be observed specified in Article 5.30.0.2, § 1, 2° apply unless specified otherwise in the licence.

Article 5.30.1.3. Translation not available

Article 5.30.1.4. [...]

Section 5.30.2.
Asphalt concrete plants


Article 5.30.2.1. This section applies to the asphalt concrete batching plants specified in section 30.4 of the classification list.

Article 5.30.2.2.

§ 1.

The following emission limit values, which relate to a reference oxygen level of 17%, apply to the discharged waste gases:

parameter

emission limit values (mg/Nm³)

CO

500

dust

20

SO2

75 (1)

NOx, expressed as NO2

75 (1)

organic substances expressed as total organic carbon

100

(1) By way of derogation from these emission limit values, until 1 September 2018 an emission limit value of 200 mg per Nm³ for SO2 and 200 mg per Nm³ for NOx applies for establishments licensed before 1 September 2015.

 

§ 2.

Without prejudice to the provisions of chapter 4.4, concentrations of the parameters specified in paragraph 1 are measured at the following minimum frequency based on the nominal thermal capacity of the asphalt concrete batching plant:

nominal thermal capacity

measurement frequency

300 kW up to and including 1 MW

5-yearly

more than 1 MW up to and including 5 MW

2-yearly

more than 5 MW up to and including 100 MW

3-monthly

more than 100 MW

continuously


Article 5.30.2.3.

For the optimal limitation of diffuse VOC emissions:

the bitumen tanks are fitted with water seals;

insulated silos used to store hot asphalt are fitted with automatically opening and closing loading doors;

the route from the mixer to the loading installation for the temporary asphalt storage silos is encased;

the exit of the temporary asphalt storage silos is fitted with an extractor system. The extracted waste gases are discharged into the atmosphere, possibly through the central purification system, through a chimney of such height that no nuisance is caused to the environment.

For establishments licensed before 1 September 2015, the requirements specified in subparagraph 1, 3° en 4° apply from 1 September 2018.


Article 5.30.2.4.

The following conditions apply to the use of release agents:

the release agent used is biodegradable and non-volatile. Specifically, at 293.15 K it has a vapour pressure of 0.01 kPa or less;

the use of release agents is limited to the strict minimum;

the location at which the release agent is sprayed over the bed of the truck is paved and has a liquid-proof surface;

facilities are present to collect and purify polluted liquid or water resulting from the process of spraying the release agent.


Article 5.30.2.5. Fillers are stored in sealed steel silos. When filler is supplied, these silos are fitted with an overfill protection device comprising an automatic alarm signal and automatic closure of the filler hose. Silos used to store fillers are fitted with self-cleaning dust filters.

Article 5.30.2.6. Translation not available

Section 5.30.3.
Establishments processing natural stone


Article 5.30.3.1.

This section applies to the establishments meant in section 30.7 of the classification list, but does not apply to the production of artificial stone.

 

For establishments licensed before 1 January 2012, the requirements specified in this section apply from 1 January 2017.


Article 5.30.3.2. The use of open sedimentation basins is prohibited.

Article 5.30.3.3. It is prohibited to discharge waste water originating from the production process.

Section 5.30.4.
Concrete batching plants and concrete production industry


Article 5.30.4.1.

The section applies to the establishments meant in sections 30.2.1°, c) and 30.3, c) of the classification list.

 

For establishments licensed before 1 January 2012, the requirements specified in this section apply from 1 January 2015.


Article 5.30.4.2. Translation not available

Chapter 5.31.
MACHINES WITH INTERNAL COMBUSTION


Article 5.31.0.1. [...]

Article 5.31.1. The sectoral regulations of chapter 5.43 apply to the establishments as specified in section 31.1 of the classification list.

Article 5.31.2. No sectoral regulations are specified for the establishments as specified in sections 31.2 and 31.3 of the classification list.

Section 5.31.1.
Permanently installed machines running 360 or more operating hours per year


Article 5.31.1.1. [...]

Article 5.31.1.2. [...]

Article 5.31.1.3.

Article 5.31.1.4.

[...]

 

§ 3.

The measurement or calculation results must be kept available for the perusal of the environmental inspectors.


Article 5.31.1.5. [...]

Article 5.31.1.6. [...]

Section 5.31.2.
Permanently installed machines with fewer than 360 operating hours per year


Article 5.31.2.1. [...]

Article 5.31.2.2. [...]

Article 5.31.2.3. [...]

Section 5.31.3.
Test benches


Article 5.31.3.1. [...]

Chapter 5.32.
LEISURE ESTABLISHMENTS AND SHOOTING RANGES


Section 5.32.1.
General provisions


Article 5.32.1.1. The provisions of this chapter apply to the establishments meant in section 32 of the classification list.

Article 5.32.1.2. Articles 5.32.1.3 up to and including 5.32.1.9 apply to the establishments meant in sections 32.1 and 32.2 of the classification list.

Article 5.32.1.3.

The operator creates a safety file containing all the important documents relating to safety. Where applicable, that safety file at least contains the following documents:

the inspection certificates issued for the electrical installation in accordance with Article 5.32.1.5;

the fire certificates for the materials used in accordance with Article 5.32.1.8;

the approved emergency plan in accordance with Article 5.32.2.6, §2, subparagraph 1, and Article 5.32.3.8, §2, subparagraph 1;

the composition of the first intervention team in accordance with Article 5.32.2.6, §2, subparagraph 2, and Article 5.32.3.8, §2, subparagraph 2;

the report of the inspection of the fire-fighting equipment in accordance with Article 5.32.2.6, §5 and Article 5.32.3.8, §5;

the inspection certificate of temporary seating systems in accordance with Article 5.32.3.3, §3, subparagraph 5;

the inspection report of the fire curtain and the auxiliary equipment in accordance with Article 5.32.4.2, §6;

the inspection report of the smoke and heat evacuation in accordance with Article 5.32.4.2, §7.

 

The safety file specified in subparagraph 1 is available for perusal by the supervisor.

 

For establishments licensed before 01 July 2014, the requirements specified in subparagraph 1 apply from 01 July 2017.


Article 5.32.1.4.

At the entrance to his/her establishment, the operator clearly and unambiguously indicates the maximum number of persons authorised in his/her establishment.

 

For establishments licensed before 1 July 2014, the requirements specified in paragraph 1 apply from 1 July 2017.


Article 5.32.1.5.

The electrical installations within the establishment comply with the General Regulation on Electrical Equipment (AREI). The inspection certificates issued, produced in accordance with the provisions of the General Regulation on Electrical Equipment (AREI), are added to the safety file by the operator.

 

If the mains power fails, autonomous sources automatically and immediately ensure the operation of the following installations, if present, for at least one hour:

the safety lighting and the emergency lighting;

the reporting, warning and alarm installations;

the installations for smoke and heat extraction;

other installations or appliances that must remain operational in the event of fire.


Article 5.32.1.6.

All visitors leave the establishment via entrances and exits that lead directly to the public highway without passing through other premises that may or may not form part of the establishment.

 

Passageways, doors and staircases for these entrance and exit routes are tall enough to allow freely flowing traffic. The height may not be less than 2 m.

 

The width of these passageways, doors and stairs is in proportion to the number of persons they serve. The minimum width is 80 cm, and is at least equal in centimetres to the maximum allowed number of persons for the passageways and doors, to this number multiplied by 1.25 for stairs descending to exits, and to this number multiplied by 2 for stairs ascending to exits.

 

For establishments for which the licence was issued after 1 July 2014, gradients of more than 10% may not be counted as entrance and exit routes.

 

All visitors can use all exits.

 

The doors of the entrance and exit routes open outwards and do not have locks that could impede evacuation in any way whatsoever. Doors that lead to the public highway may only open inwards if, as soon as members of the public are present, they are fully open against and firmly anchored to a fixed part of the building. Doors through which the public may have to pass open with the merest application of pressure.

 

It is prohibited to place objects in the entrance and exit routes that can impede smooth evacuation.


Article 5.32.1.7.

Without prejudice to the provisions of the Law of 4 August 1996 on the welfare of workers in the performance of their work and the Regulations on Well-being at Work regarding the basic requirements placed on workplaces, more specifically the provisions on health and safety signs at work, the following conditions apply:

each exit or emergency exit is designated by regulatory pictograms; these pictograms are clearly visible from all angles of the space in question and are illuminated by the normal lighting and by the safety lighting;

By way of derogation from point 1°, a dynamic evacuation system is also permitted that has been designed in such a way that based on sensors and alarm signals in the vicinity, the most appropriate escape route is determined and indicated to visitors;

doors that do not open onto an exit are marked with the clearly readable script "GEEN NOODUITGANG" [NO EMERGENCY EXIT], or an equivalent pictogram;

the direction of the passageways and stairs leading to exits and emergency exits are uniformly indicated and lit;

in the publicly accessible parts of the building, the escape route is also indicated by means of signs not more than 40 cm above the floor; these signs are also illuminated in an emergency; this may be done using phosphorescent materials.


Article 5.32.1.8.

§ 1.

All coverings of vertical walls, ceilings, floors, furniture and applied trimmings are of such a nature that they cannot contribute to the propagation of fire and development of smoke and do not give off toxic gases in case of fire. For establishments licensed before 1 July 2014, this requirement applies from 1 July 2017.

 

The fire certificates of the materials, issued by an expert, the supplier or the fitter, are kept in the safety file by the operator.

 

§ 2.

Only electricity is allowed for artificial lighting and for lighting decoration.

 

§ 3.

Permanent green light may not be used for any other purpose in the hall.


Article 5.32.1.9. A general ban on smoking applies in the establishment. Regulatory pictograms prohibiting smoking are placed in all appropriate places.

Section 5.32.2.
Establishments with musical activities


Article 5.32.2.1.

The provisions of this section apply to the establishments as meant in subsection 32.1 of the classification list.

 

By way of derogation from paragraph 1, only Article 5.32.2.2bis applies to auditoria.


Article 5.32.2.2. Noise and vibration

§ 1.

The provisions of chapter 4.5. of this order apply. [...]

 

§ 2.

The operation of an establishment and the use of (an) electronic amplifier(s) which produce(s) music is, except on Sundays and public holidays, prohibited from 3 a.m. until 7 a.m.

 

By way of derogation from the prohibitions specified in this paragraph, depending on local circumstances, any other regulation related to opening and closing hours can be established in the special conditions.


Article 5.32.2.2bis.

§ 1.

Musical activities with a maximum noise level > 85 dB(A)LAeq,15min and ≤ 95 dB(A) LAeq,15min:

1° 

the maximum noise level may not exceed LAeq,15min 95 dB(A). If the maximum noise level, measured as LAmax,slow 102 dB(A), is not exceeded, this is considered to have been met. When measuring the noise level, both the noise of the music and the ambient noise are taken into account;  

2° 

the noise level applies at the place of measurement specified in Article 1 of appendix 5.32.2.2bis; 

3° 

on the initiative and at the expense of the operator, either LAeq,15min or LAmax,slow is continuously measured using measuring equipment that meets the requirements specified in Article 2 of appendix 5.32.2.2bis. During the musical activity, the noise level must be continuously visible to and constantly monitored by the operator or by a person appointed by him/her.  If the noise standards are exceeded, then by way of derogation from Article 4.1.5.3 the maximum noise level in the establishment is immediately reduced to a level at which the noise standards are no longer exceeded.

 

The requirement to measure noise level does not apply if the operator uses a noise limiter that is set so that the standard specified in paragraph 1 is respected. The noise limiter must meet the requirements specified in Article 2 of appendix 5.32.2.2bis; 

4° 

By way of derogation from point 1°, the maximum noise level LAeq,15min 95 dB(A) may be exceeded on condition that:  

a) 

the musical activity has been requested in advance to the Mayor and Aldermen of the municipality where the musical activity takes place; and 

b) 

the Mayor and Aldermen specified in a) allow the musical activity. Without prejudice to paragraph 3, however, this permission may only be given if the musical activity: 

1) 

takes place between midday and midnight and lasts for not more than 3 hours; a maximum of one 3-hour period can be allowed each day; or 

2) 

is linked to a particular occasion and takes place in a hall or premises where the following criteria are cumulatively met: 

 

maximum 12 occasions a year;

 

maximum 2 occasions a month; 

 

-

the total of these occasions may be spread over a maximum of 24 calendar days (if a musical activity includes evening hours and morning hours of the next calendar day, this counts as 2 calendar days). 

 

If the Mayor and Aldermen allow the musical activity specified in the previous subparagraph, the provisions specified in paragraph 2 apply with the exception of the requirement to produce a noise plan.

 

If the Mayor and Aldermen allow the musical activity in accordance with point b), 2), the provisions specified in chapter 4.5 do not apply.

 

The Mayor and Aldermen of the municipality where the musical activity takes place can impose limiting measures, for example for the maximum permissible noise level or the duration of the musical activity.

 

§ 2.

Musical activities with a maximum noise level > 95 dB(A)LAeq,15min [...] :

1° 

the maximum noise level may not exceed LAeq,60min 100 dB(A). If the maximum noise level, measured as LAeq,15min 102 dB(A), is not exceeded, this is considered to have been met. When measuring the noise level, both the noise of the music and the ambient noise are taken into account; 

2° 

the noise level applies at the place of measurement specified in Article 1 of appendix 5.32.2.2bis; 

3° 

on the initiative and at the expense of the operator, LAeq,60min is continuously measured and recorded using measuring equipment that meets the requirements specified in Article 2 of appendix 5.32.2.2bis, and LAeq,15min can be measured. [...] During the musical activity, the noise level must be continuously visible to and constantly monitored by the operator or by a person appointed by him.

 

The recorded data are held at the disposal of the supervisory authority for a period of at least one month.

 

The requirement to measure and record the noise level does not apply if the operator uses a noise limiter that is set so that the standard specified in paragraph 1 is respected. The noise limiter must meet the requirements specified in Article 2 of appendix 5.32.2.2bis. 

4° 

the operator takes the following measures to protect visitors from hearing damage: 

a)

the provision free of charge to all visitors of disposable ear defenders; and 

b)

the drawing up of a noise plan to optimise the noise level in the establishment in case of permanent noise installations that belong to the establishment. The noise plan must at least include the following information: 

1)

the optimum set-up and choice of loudspeakers, taking into account as efficient a distribution of the sound as possible; 

2)

the place of measurement; 

3)

the noise level at the place of measurement and at least four other assessment points; 

4)

the place where the noise level is controlled; 

5)

the scale floor plan of the entire area that is accessible to the public. 

 

The noise plan must be drawn up by an environmental expert recognised in the discipline of noise and vibration. If applicable, that plan forms part of the acoustic inspection specified in Article 5.32.2.3, § 1. The noise plan must be present in the establishment and be available for perusal by the supervisory authority.

 

§ 3.

Musical activities with a noise level in the establishment > 100 dB(A)LAeq,60min are prohibited.


Article 5.32.2.3. Translation not available

Article 5.32.2.4. Building equipment

[...]


Article 5.32.2.4bis. Entrance and exit routes

[...]


Article 5.32.2.5. Fire prevention [...]

§ 1.

The heating of the space may not be provided using appliances with a naked flame or glowing surface.

 

§ 2.

Pipes carrying flammable gases of danger category 1 or flammable liquids of danger category 1, 2 or 3 according to the CLP Regulation are prohibited in the dance hall or in the walls, ceiling and floor thereof.

 

§ 3.

The storage of flammable products or products identified by the GHS01 or GHS02 danger pictograms according to the CLP Regulation in the dance hall is prohibited.

 

§ 4.

[...]

 

§ 5.

[...]


Article 5.32.2.6. Fire-fighting

§ 1. Fire extinguishers

The operator provides equipment to extinguish a starting fire. There must be one extinguisher for every 150 m² at a minimum. The fire extinguishers are appropriately marked, easily accessible and judiciously distributed. The operator consults the competent fire service regarding the necessary fire-fighting equipment.

 

§ 2. Emergency planning and first intervention team

The operator draws up an internal emergency plan to be able to react adequately in case of fire or other incident. The emergency plan is submitted to the competent fire service for approval. The approved emergency plan is stored in the safety file.

 

If the establishment has more than 1,000 authorised persons present, the operator establishes a first intervention team consisting of two teams: a team of intervention members who attempt to control the fire while awaiting the arrival of the competent fire service, and a team of evacuation officers who supervise the smooth evacuation of staff and public. The operator consults the competent fire service with regard to the composition and function of this service. The list of staff who make up this service is added to the safety file. The intervention team carries out an exercise at least once a year.

 

§ 3. Detection, warning and alarms

Each establishment has a suitable fire detection system.

 

For establishments with more than 300 authorised persons present, the fire detection system also includes fire alarm buttons.

 

For establishments with more than 1,000 authorised persons present, the fire detection system is linked to a fire control panel. The fire control panel indicates at a minimum in which zone the fire is detected. The location of the fire control panel is determined in consultation with the competent fire service. The operator also has an autonomous calling system for the internal intervention team.

 

Each establishment has an autonomous alarm system that warns staff and the public if the establishment must be evacuated following an incident.

 

For establishments with more than 300 authorised persons present, the music must be automatically stopped and the lights switched on before the evacuation alarm sounds. The evacuation alarm is periodically interrupted by a pre-recorded evacuation message.

 

The operator consults the competent fire service regarding the equipment for fire detection, reporting and alarms.

 

§ 4. Evacuation plans

A floor plan of the establishment showing the evacuation routes and the location of the fire-fighting equipment is displayed in the correct orientation by each entrance and exit of the publicly accessible spaces.

 

§ 5. Maintenance and periodic checks

All parts of the establishment, the appliances and the installations are well maintained. The good condition of the fire-fighting equipment and the electrical installations is checked each month by the operator or his representative. The warning and alarm system is tested each month. The fire-fighting equipment is checked annually by a competent body. A report is drawn up of these checks and findings. This report is added to the safety file.

 

§ 6.

The establishment has at least one easily accessible landline telephone.

 

§ 7.

For establishments licensed before 1 July 2014, the requirements specified in paragraph 2 and paragraph 3, subparagraphs 2, 3 and 4, apply from 1 July 2017.


Section 5.32.3.
Auditoria


Article 5.32.3.1.

§ 1.

This section applies to auditoria as specified in section 32.1.2° of the classification list and the following auditoria specified in section 32.2 of the classification list:

cinemas;

theatres, variety theatres and halls with a play area;

halls for sports events;

multi-purpose halls where an activity as specified in points 1°, 2° and 3° takes place.

 

Article 5.32.3.10 applies to musical activities in multi-purpose halls as specified in section 32.2.2° of the classification list.

 

§ 2.

No performance whatsoever may be given or continued if any safety appliance prescribed in this chapter is not in working condition.


Article 5.32.3.2. The building

§ 1.

The following must be constructed of brickwork or concrete:

walls of the hall, the stage and of the entrances and exits;

the ceilings and the floors that separate the hall, stage and entrances and exits from any other rooms;

balconies;

stairs which can be used by the public;

pillars supporting the above-mentioned ceilings, floors, balconies and stairs, unless they consist of metal constructions.

 

§ 2.

Only for establishments licensed before 1 July 2014 may the steps and floors of the hall be made of wood on condition that they are installed on solid ground or on continuous formwork of masonry or concrete resting on struts with a fire class of A1. For establishments licensed from 1 July 2014, the steps and floors of the hall, the seating and the stage may only be made of wood if the wood is classified at least in fire class B, where applicable after being treated. Empty spaces which may be present between these stairs or floors and the solid ground or the formwork must be as small as possible.

 

§ 3.

The finishing coat materials of the roofing belong to fire class A1 or comply with Commission Decision 2000/553/EC of 6 September 2000 implementing Council Directive 89/106/EEC regarding the external fire performance of roof coverings. If the finishing coat materials do not meet the requirements specified in subparagraph 1, the products or materials for roof coverings have the properties of the Broof fire class (t1) specified in Commission Decision 2001/671/EC of 21 August 2001 implementing Council Directive 89/106/EEC as regards the classification of the external fire performance of roofs and roof coverings.


Article 5.32.3.3. Layout of the hall

§ 1. Seats

To ensure smooth circulation during use and where applicable evacuation, the following requirements are placed on the layout of the hall:

Each seat is at least 50 cm wide and at least 75 cm long. These dimensions are taken respectively from axis to axis between seats of the same row and from axis to axis between the rows of seats;

each row of seats is divided by arm rests or another fitting that prevents more than one person occupying each 50 cm width;

the free space between the seat rows is at least 45 cm. This width may be limited to 40 cm if the seats are placed on steps at least 15 cm in height. In the case of automatically folding seats, the free space is the smallest space between the back of the previous seat row on the one hand and the folded seat or the arm rest on the other hand;

the seats are firmly anchored to the floor or to each other, except for seats in the boxes and lower boxes;

a sufficient number of seats are always reserved for staff;

the rows of seats may not be made up of more than 10 seats when there is only one passageway for these seats. There may be 20 seats in a row when the row is served by two passageways.

 

A different layout of the seats can be permitted by the licensing authority if the operator can demonstrate that the effectiveness of the evacuation is at least equivalent. He demonstrates this by means of simulation calculations.

 

§ 2. Standing places

Standing spectators are only allowed into the passageways specifically intended for this purpose. The space reserved for standing spectators is at least half a square metre per standing spectator.

 

§ 3. Stairs

Stairs, except stairs in seating systems, are provided with strong handrails on both sides. If the stairs, except stairs in seating systems, are wider than 2.40 m, they are also divided into different parts by one or more handrails so that the width of each of these parts does not exceed 2.40 m and is no narrower than 0.80 m. Stairs in seating systems are also provided with a strong handrail on the side not adjacent to the seats.

 

The stairs have no spiral-shaped parts. The stairs are divided by intermediate landings of at least 1 metre, so that each flight of stairs has no more than 17 steps.

 

The stairs have complete risers. This requirement does not apply to stairs for descending evacuation. Each step is at least 30 cm wide and not more than 18 cm high. No step may protrude more than 5 cm outside its riser.

 

The maximum gradient of the stairs is 75%. For establishments licensed before 1 July 2014, this requirement applies from 1 July 2017.

 

The conditions of this paragraph also apply to sliding or temporary seating systems. Without prejudice to other relevant statutory provisions, sliding seating systems are subject to an annual inspection by a competent person or an independent inspection organisation. The inspection certificate is added to the safety file.

A temporary seating system is released for use prior to commissioning by a competent person or an independent inspection organisation.

 

Access to the space below sliding or temporary seating systems must be made impossible to the public and unauthorised persons. Any form of storage below the seating is prohibited.

 

§ 4. Access control facilities.

Access control facilities are securely anchored and arranged in such a way that the minimum requirement in terms of the width of the entrance and exit routes remains met. Nor may the presence of visitors at the facilities constitute an obstacle in case of evacuation.


Article 5.32.3.4. Electrical installation - Lighting.

[...]


Article 5.32.3.5. Signs

[...]


Article 5.32.3.6. Heating and ventilation

§ 1.

The spaces are adequately heated and ventilated.

 

§ 2.

Only the following heating installations are allowed:

combustion plants with hot water;

combustion plants with steam at low pressure;

combustion plants with hot air, insofar as:

a)

the hot air in the generator is constantly under a higher pressure than the gases passing through the heating source;

b)

the generator is fitted with an effective dust filter;

c)

the fresh air is directly extracted in the open air;

d)

the supply ducts for hot air are made of metal or built in brickwork;

e)

the temperature of the hot air in the ducts where they enter the hall or its facilities may in no circumstances exceed 80°C;

combustion plants with electricity, insofar as the temperature of the heating components does not increase to above 100°C.

 

§ 3.

The combustion plants are placed in a well-ventilated room reserved exclusively for this purpose, and are made entirely from materials of fire class A1. The rooms for combustion plants do not lead directly to the hall or the stage.


Article 5.32.3.7. Smoking ban

[...]


Article 5.32.3.8.

§ 1. Fire extinguishers

The operator provides equipment to extinguish a starting fire. There must be one extinguisher for every 150 m² at a minimum. The fire extinguishers are appropriately marked, easily accessible and judiciously distributed. The operator consults the competent fire service regarding the necessary fire-fighting equipment.

 

§ 2. Emergency planning and first intervention team

The operator draws up an internal emergency plan to be able to react adequately in case of fire or other incident. The emergency plan is submitted to the competent fire service for approval. The approved emergency plan is stored in the safety file.

 

The operator establishes a first intervention team. The relevant team consists of two teams: a team of intervention members who try to control the fire while awaiting the arrival of the fire service, and a team of evacuation officers who supervise the smooth evacuation of staff and public. The operator consults the competent fire service with regard to the composition and function of this service.

 

The list of staff who make up this service is added to the safety file. The intervention team carries out an exercise at least once a year.

 

§ 3. Detection, warning and alarms

Each establishment has a suitable fire detection system. For establishments with more than 300 authorised persons present, the fire detection system also includes fire alarm buttons.

 

For establishments with more than 1,000 authorised persons present, the fire detection system is linked to a fire control panel. The fire control panel indicates at a minimum in which zone the fire is detected. The location of the fire control panel is determined in consultation with the competent fire service. The operator also has an autonomous calling system for the internal intervention team.

 

Each establishment has an autonomous alarm system that warns staff and the public if the establishment must be evacuated following an incident.

 

For establishments with more than 300 authorised persons present, the performance must be automatically stopped and the lights switched on before the evacuation alarm sounds. The evacuation alarm is periodically interrupted by a pre-recorded evacuation message.

 

The operator consults the competent fire service regarding the equipment for fire detection, reporting and alarms.

 

§ 4. Evacuation plans

A floor plan of the establishment showing the evacuation routes and the location of the fire-fighting equipment is displayed in the correct orientation by each entrance and exit of the publicly accessible spaces.

 

§ 5. Maintenance and periodic checks

All parts of the establishment, the appliances and the installations are well maintained. The good condition of the fire-fighting equipment and the electrical installations is checked each month by the operator or his/her representative. The warning and alarm system is tested each month. The fire-fighting equipment is checked annually by a competent body. A report is drawn up of these checks and findings. This report is added to the safety file.

 

§ 6.

The establishment has at least one easily accessible landline telephone.

 

§ 7.

For establishments licensed before 1 July 2014, the requirements specified in paragraph 2 and paragraph 3, subparagraphs 2, 3 and 4, apply from 1 July 2017.


Article 5.32.3.9. Measures against noise.

Without prejudice to the provisions of chapter 4.5., the necessary measures must be taken to prevent noise from the hall causing a nuisance to neighbours.


Article 5.32.3.10. Maximum noise level of musical activities in the establishment

§ 1.

The maximum noise level in establishments meant in section 32.2.2° of the classification list may not exceed LAeq,15min 95 dB(A). If the maximum noise level, measured as LAmax,slow 102 dB(A), is not exceeded, this is considered to have been met. When measuring the noise level, both the noise of the music and the ambient noise are taken into account;

 

§ 2.

The noise level applies at the place of measurement specified in Article 1 of appendix 5.32.2.2bis.

 

§ 3.

In the case of musical activities with a maximum noise level > 85 dB(A) LAeq,15min and ≤ 95 dB(A) LAeq,15min, on the initiative and at the expense of the operator, either LAeq,15min or LAmax,slow is continuously measured using measuring equipment that meets the requirements specified in Article 2 of Appendix 5.32.2.2bis. During the musical activity, the noise level must be continuously visible to and constantly monitored by the operator or by a person appointed by him/her. If the noise standards are exceeded, then by way of derogation from Article 4.1.5.3 the maximum noise level in the establishment is immediately reduced to a level at which the noise standards are no longer exceeded.

 

The requirement to measure noise level does not apply if the operator uses a noise limiter that is set so that the standard specified in paragraph 1 is respected. The noise limiter must meet the requirements specified in Article 2 of appendix 5.32.2.2bis;

 

§ 4.

Paragraphs 1, 2 and 3 do not apply to the establishments meant in section 32.2.2° of the classification list, on condition that:

the musical activity has been requested in advance to the Mayor and Aldermen of the municipality where the musical activity takes place; and 

the Mayor and Aldermen specified in punt 1° allow the musical activity. However, such permission can only be granted if the noise level in the establishment LAeq,60min ≤ 100 dB(A) and the musical activity:  

a)

takes place between midday and midnight and lasts for not more than 3 hours; a maximum of one 3-hour period can be allowed each day; or 

b)

is linked to a particular occasion and takes place in a hall where the following criteria are cumulatively met: 

1)

 maximum 12 occasions a year;  

2)

maximum 2 occasions a month; 

3)

the total of these occasions can be spread over a maximum of 24 calendar days a year (if a musical activity includes evening hours and morning hours of the next calendar day, this counts as 2 calendar days). 

 

If the Mayor and Aldermen allow the musical activity, the provisions specified in Article 5.32.2.2bis, § 2 apply with the exception of the requirement to produce a noise plan.

 

If the Mayor and Aldermen allow the musical activity in accordance with point 2°, b), the provisions specified in chapter 4.5 do not apply.

 

The Mayor and Aldermen of the municipality where the musical activity takes place can impose limiting measures, for example for the maximum permissible noise level or the duration of the musical activity.

 

§ 5.

Musical activities with a noise level in the establishment > 100 dB(A)LAeq,60min are prohibited.


Section 5.32.4.
Special regulations with regard to theatres, variety theatres and halls equipped with mechanical appliances above or below a playing area.


Article 5.32.4.1. Without prejudice to the requirements of section 5.32.3, theatres, variety theatres and halls with mechanical appliances above or below a playing area [...] must comply with the provisions of this section 5.32.4.

Article 5.32.4.2.

§ 1.

The separating walls between the establishment and adjacent buildings protrude least 1.50 m over the joining line of the walls with the roof of the establishment.

 

§ 2.

The stage and its facilities are located inside an enclosure wall at least 28 cm thick if it is constructed of brickwork, and 15 cm thick if it is constructed of concrete.

 

§ 3.

The part of this wall separating the stage area and the hall must continue to the outside wall of the latter and protrude 1.50 m above the roof of the hall. Apart from the stage opening, only essential openings may be made in this wall. Each door opening has a door which opens to the side of the hall and closes automatically. The doors have a minimum fire resistance of EI160.

 

§ 4.

Stairs, ladders and bridges for operating the stage and its facilities are made of fire-resistant material of fire class A1.

 

§ 5. Fire curtain

The stage opening has a bend-resistant metal fire curtain or a fire curtain with fire resistance EI 60. This fire curtain is capable of preventing the passage of smoke and the transfer of fire from the stage into the hall.

 

There can be a self-closing door in the fire curtain with fire resistance EI160. The fire curtain must be capable of lowering to its functional height in a maximum of 30 seconds. The functional height is determined in consultation with the competent fire service. Clear instructions for operating the combination of the fire curtain with the smoke and heat extraction must be posted by the controls and form part of the training of the competent staff. The fire curtain has a braking mechanism to prevent accidents. The fire curtain is sufficiently rigid or fitted with wall and floor guides. The controls for the fire curtain are located in the hall and on the stage or its facilities.

 

§ 6. Checking the fire curtain

The fire curtain and auxiliary equipment are fully inspected annually by a competent person or an independent inspection organisation. The inspection certificate is stored in the safety file.

 

§ 7. Smoke and heat extraction

Smoke and heat extraction are at least provided in the fly tower. The operation of the smoke and heat extraction can be manual or mechanical. The controls are located both on the stage and outside the fly tower. The normal ventilation is switched off automatically when the smoke extractor is activated, unless it forms part of the smoke and heat extraction system. The smoke and heat extraction system is dimensioned according to a code of good practice.

 

The smoke and heat extractors and the auxiliary equipment are fully inspected annually by a competent person or an independent inspection organisation. The inspection certificate is stored in the safety file.

 

§ 8. Exits of the stage and its facilities.

The stage and its facilities have exits of which the number and their location ensure the fast and safe evacuation of the staff and the artists to the public highway.

 

§ 9. Stage furnishings and screens.

Stage furnishings and screens not used during a performance are stored in a special area for that purpose which is built entirely of brickwork or concrete. The doors have a fire resistance of EI160 and are self-closing.


Section 5.32.5.
Special regulations with regard to cinemas where flammable films are used


Article 5.32.5.1. [...]

Article 5.32.5.2. Construction of film projection and reel spaces

[...]


Article 5.32.5.3. Exits of the projection and reel rooms

[...]


Article 5.32.5.4. Construction of the doors

[...]


Article 5.32.5.5. Stacks

[...]


Article 5.32.5.6. Openings of the projection room

[...]


Article 5.32.5.7. Electrical installations in projection and reel rooms

[...]


Article 5.32.5.8. Projection appliance

[...]


Article 5.32.5.9. Storage of films

[...]


Article 5.32.5.10. Material in projection and reel rooms

[...]


Article 5.32.5.11. Staff in the rooms

[...]


Article 5.32.5.12. Access to the projection and reel rooms

[...]


Section 5.32.5bis.
Digital cinemas


Article 5.32.5bis.0. Without prejudice to section 5.32.3, digital cinemas also comply with this section 5.32.5bis.

Article 5.32.5bis.1.

Digital cinemas are operated in accordance with a sound management system.

 

The sound management system specified in paragraph 1 must meet the requirements established by the Flemish minister competent in matters concerning the environment and water policy. The Flemish Minister competent in matters concerning the environment and water policy informs the Government of Flanders about the sound management system in advance.


Article 5.32.5bis.2. The sound management system specified in Article 5.32.5bis.1., paragraph 1, consists of measures relating to the maintenance and calibration of the halls, and to the settings of the digital sound system. This sound management system also includes measuring and recording requirements, indicative sound levels and measures aimed at raising awareness among cinema-goers.

Section 5.32.6.
Model aeroplanes


Article 5.32.6.1. The provisions of this section apply to the establishments as meant in subsection 32.6 of the classification list.

Article 5.32.6.2. Without prejudice to the provisions of Chapter 4.5, all class two activities involving model aeroplanes are prohibited between the hours of 7 p.m. to 7 a.m.

Article 5.32.6.3. All activities with model aircraft are prohibited in natural and woodland areas as meant in the Royal Decree of 28 December 1972 concerning the establishment and the application of the draft land-use plans and regional land-use plans, in the forestry decree of 13 July 1990 and in the law of 12 July 1973 on nature conservation.

Section 5.32.7.
Indoor shooting ranges


Subsection 5.32.7.1.
General provisions


Article 5.32.7.1.1. Translation not available

Subsection 5.32.7.2.
Shooting ranges of category A


Article 5.32.7.2.1.

§ 1.

The conditions of this subsection apply to shooting ranges of category A.

 

§ 2.

Shotguns and weapons of war and their ammunition are prohibited in the shooting range.

 

§ 3.

The weapons must always be in a well maintained condition.

 

§ 4.

The use of pre-loading weapons of whatever type is prohibited.

 

§ 5.

The use of projectiles with hard steel core, light flares or tracers and ammunition containing mercury is prohibited.


Article 5.32.7.2.2. The building

§ 1.

The shooting range is accommodated in a space intended solely for that purpose, built according to a code of good practice, of which the walls, floor and ceiling are constructed from reinforced concrete, are at least 19 cm thick, or from materials with equivalent projectile resistance.

 

§ 2.

The floor is finished with a layer of soft material such as a glued wooden floor with the grain of the wood in the direction of firing, rubber, cement-sand bed layer, etc. The use of carpet or other materials and/or floor constructions which can easily hold dust or under which dust can accumulate is prohibited.

 

§ 3.

Walls which can be directly shot at are screened off over a sufficient surface area by an effective bullet trap, as meant in Article 5.32.7.2.3.

 

§ 4.

The part of the wall which may be hit by a shot that is not protected by the bullet trap, the side walls and the ceiling over a minimum distance of 10 metres from the shooter's firing position are covered by a material into which the projectiles can penetrate and be retained, such as wood wool cement plating of a minimum thickness of 50 mm on rails or pine which is at least 25 mm thick applied on rails which are at least 30 mm thick.

 

§ 5.

Unevenness and protruding parts of constructions in the shooting range such as beams, posts, drive mechanisms of silhouettes, etc. must be avoided to the greatest possible extent. If they are necessary for construction reasons they must:

either be covered by a material into which the projectiles can penetrate and be retained;

or be screened by sheet steel in such a way that projectiles would ricochet in a safe manner to parts further away in the shooting zone.

 

§ 6.

Between the firing position of the shooter and the wall which may directly be hit by a shot there may only be the necessary ventilation openings and any exits or escape routes.

 

These openings are screened off in such a way that a projectile cannot leave the space.

 

These emergency exits and escape routes must open to the outside and may not be capable of being opened from the outside.

 

§ 7.

The access door(s) must be located behind the firing positions of the shooters and must open in the direction of escape.

 

§ 8.

The locations and the width of the exits must allow the fast and easy evacuation of the space.


Article 5.32.7.2.3. Bullet trap

§ 1.

The bullet trap specified in Article 5.32.7.2.2.,§ 3 must also serve the following purposes:

protect the walls which may be directly hit by a shot against impacts;

prevent the ricocheting of the projectiles in the shooting range.

minimise the production of lead-containing dust with impacts.

 

§ 2.

The bullet trap must be constructed in one of the following manners:

a bullet trap consisting of a sand body; the inclination of the sand body must be formed by a layer of sand with a thickness of at least 0.5 m, it may not have a gradient of more than 2 (vertical) by 3 (horizontal) and the width of the top side must be at least 1.2 m;

steel plating with a Brinell hardness of 320 - 400 Hb consisting of one layer with a thickness of at least 12 mm, placed at an angle of at least 45° and at most 70° with side walls of steel plating with a thickness of at least 5 mm;
at the bottom there must be a channel of steel plating with a thickness of at least 5 mm for the collection of the projectiles;

steel plating strips with a Brinell hardness of 320 - 400 Hb consisting of one layer with a thickness of at least 12 mm, placed at an angle between 40° and 50°, with a steel plating casing with a thickness of at least 8 mm;

a system of two consecutive rows close to each other, but without touching each other, of thick rubber strips with the narrow side towards the shooter, with a minimum width per row of 80 cm., whereby the first row of strips must be at a slight angle to the axis of the shooting range and the second row of strips with a slight displacement regarding the first; behind this double row of strips there must be steel plating with a minimum thickness of 8 mm;

any other type of bullet trap must be presented to the Division competent in matters concerning environmental licences beforehand for approval.



 

§ 3.

The condition of the bullet trap is checked regularly and at least every three months. For constructions specified in paragraph 2, 1° and 2° it must be checked if dents are present in the steel plating and where appropriate the plates must be ground smooth. Regarding the construction specified in paragraph 2, 3° and 4°, any projectiles remaining in the rubber strips or in the sand body must be regularly removed. Damaged strips must be replaced.

 

§ 4.

Projectiles must be regularly removed so that no cake can form and safety remains guaranteed.


Article 5.32.7.2.4. Building equipment

§ 1.

The Rf fire resistance of all walls, ceilings, doors, etc. is at least one hour (NBN 713.020).

 

§ 2.

It is prohibited to fit wall, ceiling or floor coverings with easily flammable materials, or materials which release toxic gases in the event of a fire.

 

The use of porous materials is only permitted when these are self-extinguishing (NBN S21 - 203 category AO). A certificate issued by an expert, the supplier or the installer must be kept by the operator in the safety file, which is kept available for perusal by the supervisor.

 

§ 3.

Lighting appliances and electrical cables inside the shooting zone must be protected in an effective manner against the impact of projectiles.

 

§ 4.

The shooting range is fitted with safety lighting which automatically comes on upon failure of the main lighting system.

 

§ 5.

Without prejudice to the provisions of the General Regulation on Electrical Equipment (AREI), the electrical installations of the shooting facility must be regularly checked by an expert authorised in the field. The certificates of approval in question are kept by the operator in the safety file, which must be kept available for perusal by the supervisor.

 

§ 6.

The heating of the space may not be provided using appliances with a naked flame or glowing surface.

 

§ 7.

Pipes carrying flammable gases of danger category 1 or flammable liquids of danger category 1, 2 or 3 according to the CLP Regulation are prohibited in the firing range or in the walls, ceiling and floor thereof.


Article 5.32.7.2.5. Maintenance

§ 1.

All places where dust with unburned gunpowder may be found, in particular in floors, walls, ventilation ducts, dust filters, etc., must be regularly cleaned. The collected dust must be kept moist pending their removal.

 

The date and nature of the maintenance activities must be noted in a register that forms part of the safety file to be kept by the operator, which must be kept available for perusal by the supervisor.

 

§ 2.

If use is made of a vacuum cleaner, it must be of an explosion-proof design.


Article 5.32.7.2.6. Fire prevention and fire-fighting

§ 1.

Without prejudice to the provisions of chapter 4.1.12, the establishment has a sufficient number of suitable, ready-to-use and easily accessible fire extinguishers. The proper operation of these fire extinguishers is checked at least once a year by the supplier or a competent expert. Certificates with the date and result of this check must be included in the safety file, which is kept available for perusal by the supervisor.

 

The fire extinguishers may not be located in the shooting zone.

 

§ 2.

The storage of flammable or explosive substances in the shooting area is prohibited.

 

§ 3.

Each shooter takes no more cartridges into the shooting area than he needs for his session of shooting.

 

§ 4.

It is prohibited to smoke in the shooting range.


Article 5.32.7.2.7. Noise and vibration

§ 1.

Without prejudice to the provisions of chapter 4.5., regarding noise and vibration the provisions of this Article also apply.

 

§ 2.

The specific noise Lsp as meant in chapter 4.5. is defined and measured as follows:

Lsp is the logarithmic sum of the level of the actual shooting noise (Lsch) and of the level of the other noise caused by the shooting range (Lrest);

Lsch is calculated according to the following formula:
Lsch = 10 log (Σi=1->n 10Li/10 ) - 23
where:

 

Li: the noise level originating from the bang i and the associated impact;

 

n: the total number of shots per hour is; guide values for n are:

-

pistol/revolver: (number of firing lines) x 150

-

carbine: (number of firing lines) x 90

-

rifle: (number of firing lines) x 60

LI is measured as LAeq,1s, LAE or SEL, with the setting of the fast dynamic characteristic;

Lrest is the LA95,1h of the specific noise of the establishment when there is no firing.

 


Article 5.32.7.2.8. Ventilation - Air Pollution

§ 1.

The shooting range is equipped with mechanical ventilation in such a way that the harmful substances released into the air during shooting are removed in an effective manner. The ventilation system is designed in such a way that fresh air is supplied behind the shooters and is extracted at the bullet trap. The capacity is provided in such a way that a minimum air speed of at least 0.2 m/sec is ensured in the shooting establishment, with a laminar air flow. The air supply installation is fitted with an emergency stop for use in the event of a fire.

 

If the shooter takes up a changed firing position, an air speed of at least 2 m/sec must be provided in the direction of firing.

 

§ 2.

The necessary measures are taken to prevent abnormal dust emission.

 

§ 3.

The dispersion of lead-containing dust in the surrounding area is prevented by an effective and fire-safe filter installation on the extraction unit of the ventilation system.

 

§ 4.

The extraction unit is positioned such that the waste gases can easily and sufficiently be dispersed.


Article 5.32.7.2.9. Safety

§ 1.

On the outside of all access doors to the shooting range, the following message is applied in clearly readable letters:

 

"OPGELET SCHIETSTAND - VERBODEN TOEGANG VOOR ONBEVOEGDEN" [WARNING, SHOOTING RANGE - NO ACCESS FOR UNAUTHORISED PERSONS].

 

§ 2.

Above each access door to the shooting establishment there must be a red light on the outside which is switched on when the shooting range is being used.

 

§ 3.

It is prohibited to load weapons or be in possession of loaded weapons in the rooms or on the premises of the establishment outside the actual shooting range, with the exception of persons who are authorised to carry a loaded weapon.

 

§ 4.

The shooting positions of the shooters must be determined in such a way that ejected cartridges cannot form a nuisance to adjacent shooters.

 

§ 5.

If the shooting range is simultaneously being used by more than one shooter, loading, unloading and shooting at the target may only take place at the places specified for them.

 

§ 6.

The number of persons admitted to the shooting range is limited to the shooters, being trained or otherwise, the shooting monitors and/or the persons necessary to referee and exercise supervision, and the public if applicable.

 

The maximum number of persons present must be determined after consultation with the authorised fire brigade. In any case the public must be located a minimum of 2 metres behind the shooting positions, whereby an occupation of a maximum of 2 persons per m² must be respected.

 

There must always be at least a second person present for a period of shooting exercises.

 

§ 7.

When entering the shooting zone an alarm signal must automatically operate, e.g. a flashing light.

 

§ 8.

The shooting range must be provided with at least one easily accessible telephone.

 

§ 9.

Internal regulations are made known to the local or national police. These internal regulations contain: the guidelines and obligations in connection with the registration of the shooters, the procedures for the loading and unloading of weapons, the procedures concerning shooting, including shooting disciplines and the shooting positions, and relating to entering and evacuating the shooting zone. The regulations explicitly mention that the shooters must comply with the orders in connection with the safety from the person in charge.

 

These regulations and other safety measures are also made known to the shooters and are posted at a sufficient number of visible locations.


Article 5.32.7.2.10. Signs

§ 1.

Each exit or emergency exit must be indicated by regulatory pictograms. These pictograms must be clearly visible from all areas in the shooting range. They must also be placed at knee height or lower. The signs must be illuminated by the normal lighting and by the safety lighting.

 

§ 2.

Doors and leaving spaces which do not lead to an exit must be marked with the clearly readable words "GEEN NOODUITGANG" [NO EMERGENCY EXIT] or display an equivalent sign.

 

§ 3.

Indications enforcing a smoking ban must be displayed in clearly visible places.


Article 5.32.7.2.11. Waste

§ 1.

After each shooting session the empty cartridges must be collected and kept in a closed metal box.

 

§ 2.

Collected dust with unburned gunpowder must be kept moist pending removal.

 

§ 3.

Empty cartridges and projectile remains must be either sent for recycling or removed and disposed of in accordance with prevailing regulations.

 

Both the collected dust and the soiled filters (both from extraction and from the vacuum cleaner) must be disposed of in accordance with prevailing regulations.


Article 5.32.7.2.12. Operating file

§ 1.

The operator is obliged to keep an operating file comprising:

a safety file that contains:

a)

a map of the location on a scale of 1/200 of all spaces with the indication of their connections, access routes and exits, as well as the nature and place of fire extinguishers and the location of the electrical switchboard;

b)

the certificate from the authorised fire service concerning the nature, the number of and the place of the fire extinguishers, and the certificate regarding the number of persons allowed in the shooting area;

c)

the certificates regarding the fire resistance or self-extinguishing properties of construction materials used;

d)

the certificates concerning the checks of the electrical installation and the fire extinguishers;

e)

the name of the person responsible for safety.

the internal regulations;

a work register listing the nature and date of inspection and maintenance activities and repair work.

the name of the operator and the list of members.

 

§ 2.

The operating file must be available at all times to the supervisor.


Subsection 5.32.7.3.
Shooting ranges of category B


Article 5.32.7.3.1.

§ 1.

The conditions of this subsection apply to shooting ranges of category B.

 

§ 2.

The weapons must always be in a well maintained condition.

 

§ 3.

The use of pre-loading weapons of whatever type is prohibited.

 

§ 4.

The use of projectiles with hard steel core, light flares or tracers and ammunition containing mercury is prohibited.


Article 5.32.7.3.2. The building

§ 1.

The shooting range is accommodated in a space solely for that purpose, of which the walls, floor and ceiling are constructed from reinforced concrete, at least 10 cm thick, or from materials with equivalent projectile resistance.

 

§ 2.

The floor is finished with a layer of soft material such as a glued wooden floor with the grain of the wood in the direction of firing, rubber, cement-sand bed layer, etc. The use of carpet or other materials and/or floor constructions which can easily hold dust or under which dust can accumulate is prohibited.

 

§ 3.

A wall which may directly be hit by a shot is screened off over a sufficient surface area by an effective bullet trap as meant in Article 5.32.7.3.3.

 

§ 4.

The part of the wall which may be hit by a shot that is not protected by the bullet trap, the side walls and the ceiling over a minimum distance of 10 metres from the shooter's firing position are covered by a material into which the projectiles can penetrate and be retained, such as wood wool cement plating of a minimum thickness of 50 mm on rails or pine which is at least 25 mm thick applied on rails which are at least 30 mm thick.

 

§ 5.

Unevenness and protruding parts of constructions in the shooting range such as beams, posts, drive mechanisms of silhouettes, etc. must be avoided to the greatest possible extent. If they are necessary for construction reasons they must:

either be covered by material which the projectiles can penetrate and be retained;

or be screened off by steel plating in such a way that the projectiles can ricochet to parts in the shooting zone further away in the shooting zone.

 

§ 6.

Between the firing position of the shooters and walls which may be hit by a shot there may only be the necessary ventilation openings and any exits or escape routes.

 

These openings are screened off in such a way that a projectile cannot leave the space.

 

These emergency exits and escape routes must open to the outside and may not be capable of being opened from the outside.

 

§ 7.

Access doors must be located behind the firing positions of the shooters and must open in the direction of escaping.

 

§ 8.

The locations and the width of the exits must allow the fast and easy evacuation of the space.


Article 5.32.7.3.3. Bullet trap

Translation not available

Article 5.32.7.3.4.

As regards equipment of the building, maintenance, noise and vibration, ventilation, air pollution, safety, signs, waste and the operating file, the requirements of the following Articles apply respectively:

 

5.32.7.2.4., 5.32.7.2.5., 5.32.7.2.6., 5.32.7.2.7., 5.32.7.2.8., 5.32.7.2.9., 5.32.7.2.10., 5.32.7.2.11. and 5.32.7.2.12.


Subsection 5.32.7.4.
Shooting ranges of category C


Article 5.32.7.4.1.

§ 1.

The conditions of this subsection apply to shooting ranges of category C.

 

§ 2.

The weapons must always be in a well maintained condition.

 

§ 3.

The use of pre-loading weapons of whatever type is prohibited.

 

§ 4.

The use of projectiles with hard steel core, light flares or tracers and ammunition containing mercury is prohibited.


Article 5.32.7.4.2. The building

§ 1.

The shooting range is accommodated in a space solely for that purpose, of which the walls, floor and ceiling are constructed from reinforced concrete, at least 10 cm thick, or from materials with equivalent projectile resistance.

 

§ 2.

The floor is finished with a layer of soft material such as a glued wooden floor with the grain of the wood in the direction of firing, rubber, cement-sand bed layer, etc. The use of carpet or other materials and/or floor constructions which can easily hold dust or under which dust can accumulate is prohibited.

 

§ 3.

A wall which may directly be hit by a shot is screened off over a sufficient surface area by an effective bullet trap as meant in Article 5.32.7.4.3.

 

§ 4.

The part of the wall which may be hit by a shot that is not protected by the bullet trap, the side walls and the ceiling over a minimum distance of 2 metres from the shooter's firing position are covered by a material into which the projectiles can penetrate and be retained, such as wood wool cement plating of a minimum thickness of 50 mm on rails or pine which is at least 25 mm thick applied on rails which are at least 30 mm thick.

 

§ 5.

Unevenness and protruding parts of constructions in the shooting range such as beams, posts, drive mechanisms of silhouettes, etc. must be avoided to the greatest possible extent. If they are necessary for construction reasons they must:

either be covered by material which the projectiles can penetrate and be retained;

or be screened off by steel plating in such a way that the projectiles can ricochet to parts in the shooting zone further away in the shooting zone.

 

§ 6.

Between the firing position of the shooter and the wall which may directly be hit by a shot there may only be the necessary ventilation openings and any exits or escape routes.

 

These openings are screened off in such a way that a projectile cannot leave the space.

 

These emergency exits and escape routes must open to the outside and may not be capable of being opened from the outside.

 

§ 7.

Access doors must be located behind the firing positions of the shooters and must open in the direction of escaping.

 

§ 8.

The locations and the width of the exits must allow the fast and easy evacuation of the space.


Article 5.32.7.4.3. Bullet trap

Translation not available

Article 5.32.7.4.4.

As regards fire resistance, the equipment of the building, maintenance, noise and vibration, ventilation, air pollution, safety, signs, waste and the operating file, the requirements in the following Articles apply:

 

5.32.7.2.4., 5.32.7.2.5., 5.32.7.2.6., 5.32.7.2.7., 5.32.7.2.8., 5.32.7.2.9., 5.32.7.2.10., 5.32.7.2.11. and 5.32.7.2.12.


Subsection 5.32.7.5.
Shooting ranges of category D


Article 5.32.7.5.1.

§ 1.

The conditions of this subsection apply to shooting ranges of category D.

 

§ 2.

It is prohibited to use other weapons than air guns and air pistols with a maximum calibre of 5.6 mm, and crossbows in the shooting range.

 

§ 3.

The weapons must always be in a well maintained condition.


Article 5.32.7.5.2. The building

§ 1.

The shooting range is accommodated in a space of which the walls, floor and ceiling are sufficiently resistant to projectiles.

 

§ 2.

The wall which may directly be hit by a shot is screened off over a sufficient surface area by an effective bullet trap.

 

§ 3.

Between the firing position for the shooter and the wall which may directly be hit by a shot there may only be the necessary ventilation openings and any exits or escape routes.

 

These openings are screened off in such a way that a projectile cannot leave the space.

 

Any emergency exits and escape routes must open to the outside and may not be capable of being opened from outside.

 

§ 4.

Access doors must be located behind the firing positions of the shooters and must open in the direction of escaping.

 

§ 5.

The locations and the width of the exits must allow the fast and easy evacuation of the space.


Article 5.32.7.5.3. Building equipment

§ 1.

Lighting appliances and electrical cables inside the shooting range must be protected in an effective manner against the impact of projectiles.

 

§ 2.

The shooting range is fitted with safety lighting which automatically comes on upon failure of the main lighting system.

 

§ 3.

Without prejudice to the provisions of the General Regulation on Electrical Equipment (AREI), the electrical installations of the shooting facility must be regularly checked by an expert authorised in the field. The certificates of approval in question are kept by the operator in the safety file, which must be kept available for perusal by the supervisor.

 

§ 4.

Pipes carrying flammable gases of danger category 1 or flammable liquids of danger category 1, 2 or 3 according to the CLP Regulation are prohibited in the firing range or in the walls, ceiling and floor thereof.


Article 5.32.7.5.4. Fire prevention and fire-fighting

Translation not available

Article 5.32.7.5.5. Noise and vibration

Without prejudice to the provisions of chapter 4.5. the necessary measures must be taken to prevent noise or vibration caused inside the shooting range becoming a source of discomfort for the vicinity or for adjacent spaces which are not involved with the operation of the shooting range.

Article 5.32.7.5.6. Safety

§ 1.

It is prohibited to load weapons or carry loaded weapons in the rooms or on the premises of the establishment outside the actual shooting range.

 

§ 2.

Loading, unloading and shooting at the target may only take place from the firing positions indicated for the shooters.

 

§ 3.

There must always be at least two shooters present for the period of the shooting exercise.

 

§ 4.

On the outside of all access doors to the shooting range, the following message is applied in clearly readable letters:

 

"OPGELET SCHIETSTAND - VERBODEN TOEGANG VOOR ONBEVOEGDEN" [WARNING, SHOOTING RANGE - NO ACCESS FOR UNAUTHORISED PERSONS]

 

§ 5.

Each exit or emergency exit must be indicated by regulatory pictograms. These pictograms must be clearly visible from all areas in the shooting range. The signs must be illuminated by the normal lighting and by the safety lighting.

 

§ 6.

The shooting range must be provided with at least one easily accessible telephone.


Article 5.32.7.5.7.

§ 1.

The operator is obliged to keep an operating file comprising:

a safety file that contains:

a)

a map of the location on a scale of 1/200 of all spaces with the indication of their connections, access routes and exits, as well as the nature and place of fire extinguishers and the location of the electrical switchboard;

b)

the certificates concerning the checks of the electrical installation and the fire extinguishers;

c)

the name of the person responsible for safety.

the internal regulations;

a work register listing the nature and date of inspection and maintenance activities and repair work.

 

§ 2.

The operating file must be available at all times to the supervisor.


Subsection 5.32.7.6.
Shooting ranges of category E


Article 5.32.7.6.1.

§ 1.

The conditions of this subsection apply to shooting ranges of category E.

 

§ 2.

Shotguns and weapons of war and their ammunition are prohibited in the shooting range.

 

§ 3.

The weapons must always be in a well maintained condition.

 

§ 4.

The use of pre-loading weapons of whatever type is prohibited.

 

§ 5.

The use of metal bullets, flares or tracers and mercury-containing ammunition is prohibited.


Article 5.32.7.6.2. The building

§ 1.

The shooting range is accommodated in a space built according to a code of good practice, of which the walls, floor and ceiling are constructed from reinforced concrete, at least 9 cm thick, or from materials with sufficient projectile resistance to the ammunition used.

 

§ 2.

The use of carpet or other materials and/or floor constructions which can easily hold dust or under which dust can accumulate is prohibited.

 

§ 3.

The wall which may directly be hit by a shot must be screened off over a sufficient surface area by an effective projectile trap as meant in Article 5.32.7.6.3.

 

§ 4.

Between the firing position of the shooter and the walls which may be directly hit by a shot there may only be the necessary ventilation openings and any exits or escape routes.

 

These openings are screened off in such a way that a projectile cannot leave the space.


Article 5.32.7.6.3. Bullet trap

§ 1.

The bullet trap specified in Article 5.32.7.6.2.,§ 3 must also serve the following purposes:

protect the walls which may be directly hit by a shot against impacts;

prevent the ricocheting of the projectiles in the shooting range.

 

§ 2.

The bullet trap must be constructed in one of the following manners:

a rubber or synthetic hanging screen, placed 5 cm from the wall;

a soft, wooden wall at least 2 cm thick, fitted on wooden slats 3 cm from the wall;

another type of bullet trap which complies with the conditions specified in § 1 that is not easily flammable.

 

§ 3.

The condition of the bullet trap is checked regularly and at least every three months.


Article 5.32.7.6.4. Building equipment

§ 1.

It is prohibited to fit wall, ceiling an floor coverings of slightly combustible materials, or materials which release toxic gases in the event of a fire.

 

The use of porous materials is only permitted when t