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.