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:

1

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

2

the organisation of waste materials delivery;

3

the organisation of the processing of the delivered waste materials;

4

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

5

the organisation of the removal of waste materials;

6

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

7

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

8

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