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PART 5
SECTORAL ENVIRONMENTAL CONDITIONS FOR CLASSIFIED ESTABLISHMENTS
CHAPTER 5.1.
PETROLEUM OR PETROLEUM PRODUCTS
Art. 5.1.0.1. For the establishments referred to in subsection 1.2. of the classification list no sectoral regulations are
specified. The general and any other applicable sectoral and special environmental conditions remain in full force.
For the establishments referred to in subsection 1.1 of the classification list the provisions of section 5.20.2 apply.
CHAPTER 5.2.
WASTE TREATMENT PLANTS
Section 5.2.1. General provisions
Area of application
Art. 5.2.1.1. § 1. The provisions of this chapter are applicable to the establishments specified in section 2 of the
classification list.
§ 2. The requirements referred to in this chapter apply without prejudice to the provisions of the decree of 2 July
1981 concerning the prevention of waste and waste materials management and its implementing decisions.
§ 3. The following conditions related to waste acceptance, work plan, setting up and infrastructure are not applicable
for 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 concerned, the general operation conditions below are supplemented by
the conditions specified in sections 5.2.2. (waste storage and treatment plants), 5.2.3. (waste incineration plants),
[5.2.4. (landfills for the deposition of waste materials into or onto land) and 5.2.5. (mono-landfills for dredging
sludge originating from surface waters of the public hydrographic network). (replaces the Decision of the Flemish
Government of 26 June 1996, art. 10, I: 3 July 1996)]
The acceptance and registration of waste materials
Art. 5.2.1.2. § 1. The delivery, acceptance, storage, processing as well as removal of waste materials is permitted
only under supervision of the operator or his authorised representative. The operator has to inform the supervisory
authority of his authorised representative's name in writing.
§ 2. Unless specified otherwise in the environmental licence or in this Decision, the installation and the use of a
calibrated weighbridge with automatic registration is compulsory. In any event the installation and the use of a
calibrated weighbridge is compulsory for establishments where industrial or household wastes originating from third
parties are processed. The calibration is performed in accordance with the 'IJkwet' (Weights and Measures Act). The
only access to the establishment for lorries delivering waste is by way of the operating weighbridge.
§ 3. Unless specified otherwise in the environmental licence, normal waste deliveries should not take place before 7
a.m. and after 7 p.m.
§ 4. [..]
Added by Art. 7 Decree 13 July 2001 (O.J. 19 September 2001)
Added by Art. 8 Decree 13 July 2001 (O.J. 19 September 2001)
§4 rescinded by Art. 10.2.1.,9. Decision 5 december 2003 (B.S. 30 April 2004), date of commencement: 1 June 2004
§ 5. Only such waste materials may be accepted at the waste treatment plant, for which an environmental licence
was granted. The operator holds the responsibility for the acceptance of the waste materials. Waste materials are
accepted on the basis of the wastes permitted by the environmental licence. This is based upon the technical
processability of the waste materials at the establishment and, if this proves necessary and relevant, on regular waste
analyses and/or tests. The operator checks the source, origin, nature and quantity of the wastes delivered. Each load
must at least be inspected visually. [The operator shall confirm every accepted delivery of waste materials in
writing. In the case of landfills, without prejudice to that stipulated in Regulation (EEC) no. 259/93, the operator
shall forthwith inform the supervisory authority of any non acceptance of waste materials at his landfill.]
(Added by Art. 9 Decree 13 July 2001 (O.J. 19 September 2001))
§ 6. Totals must be able to be calculated for the quantities of waste materials delivered, processed and removed. At
the supervisory official's request the totals on the basis of the section numbers from the wastes catalogue must be
able to be provided without delay.
The work plan
Art. 5.2.1.3. § 1. At the commencement of operations the operator must have a work plan. According to the kind of
establishment concerned, this work plan comprises:
1. a well-organised and clear manual for the establishment's operation;
2. the organisation of wastes 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 detailing the outline, the organisation and the performance of the measures related to the
drainage of the establishment itself and/or the land on which it is located;
8. measures to be taken in the event of malfunctions or failures or of undesired side-effects and to prevent
nuisance.
§ 2. The work plan must have been approved by the supervisory authority. The approved work plan is followed by
the supervisory official.
Setting up and infrastructure
Art. 5.2.1.4. § 1. When setting up a waste treatment plant, to protect the site and the surrounding land 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 agrarian 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 buildings and monuments, protected towns and villages, protected
landscapes and archaeological sites;
water abstraction areas as well as protected zones of types I II and III, demarcated in pursuance 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
pursuance 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 land concerned, including the risk of
flooding, subsidence, landslides etc.;
the eventual purpose of the land;
the protection of the nature or the cultural patrimony in the area.
(Replaced by Art. 10 Decree 13 July 2001 (O.J. 19 September 2001))
Art. 5.2.1.5. § 1. [Unless otherwise determined in the environmental licence and] except in the case where the
establishment processes only waste materials originating from its own operations, at the entrance to the
establishment a sign of at least 1 m2 is placed, indicating the information below in a clearly readable way:
1. the establishment's nature
2. the operator's name, address and phone number;
3. the date of expiry of the licence: "licensed until ...";</LI<
4. the normal opening hours;
5. the address and phone number for the supervisory authority;
6. in case of fire or other emergencies: phone number for the fire brigade.
§ 2. The establishment must be inaccessible to unauthorised persons. Unless specified otherwise in the
environmental licence, the establishment must be fenced off with a strong and sufficiently high (approx. two metres)
fence. All access roads to the establishment must be closed with gates. The entrance and exit for lorries must be
sufficiently wide to prevent dangerous traffic situations both on the establishment's property and in the public
highway. The gates are left open only under the supervision of the operator or his authorised representative. Outside
normal opening hours the gates are kept locked.
§ 3. Sufficient parking space is made available for lorries and other vehicles.
§ 4. Roads on the premises are made sufficiently wide and stable and are maintained in such a way that safe traffic
can be guaranteed in all weather conditions.
§ 5. Unless specified otherwise in the environmental licence, around the perimeter of the establishment a natural
screen with a width of at least five metres is provided. The natural barrier is to be made up of local dense-growing
shorter and taller vegetation. The operator takes the measures necessary to obtain an efficient natural screen as
rapidly as possible. For new establishments the natural screen is planted as soon as construction work allows for this
and the planting-season has started. If no construction work is performed, the natural screen is planted in the first
planting-season following on the commencement of operations.
Words added by Art. 6 Desicion 12 December 2003 (O.J. 13 February 2004), date of commencement: 13 February
2004
Operation
Art. 5.2.1.6. § 1. [ The operator ensures the proper operation and the cleanliness of the establishment. The personnel
is given the necessary instructions for the operation and maintenance of the establishment.
The operator shall ensure that the management of the landfill site is in the hands of a natural person who is
technically competent to manage the site. The operator of the installation shall ensure that professional and technical
training of staff are 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 as much as possible.
The whole establishment, including entrance and exit, car park and roads are thoroughly cleaned at regular intervals,
daily if this proves 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 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
controls 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 pollution 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 to be 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 to be avoided to the extent possible and the approval of the supervisory authority is required.
§ 7. It is forbidden to let animals run free at the establishment.
§ 8. Any waste water originating from the establishment is to be 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 parcels may not be impeded.]
(Replaced by Art. 11 Decree 13 July 2001 (O.J. 19 September 2001))
Art. 5.2.1.7. § 1. Waste materials may not be stored outside the treatment or storage space intended for this purpose.
The quantity of waste materials stored at the establishment may not exceed that permitted in the environmental
licence. If no quantities are specified in the environmental licence, the quantities indicated in the application apply.
§ 2. [The dilute of waste materials as defined in article 5.2.2.2 of Vlarea is prohibited.]
§ 3. Locations at the site where liquids that are harmful to the environment may be spilled are to be provided with an
impervious floor in such a way that spilled liquids cannot contaminate the ground itself, groundwater or surface
water. This floor is equipped with a leakproof drainage system.
§ 4. The drainage of the buildings, the installation and the land is performed in such way that pollution of the
rainwater is prevented to the extent possible and that uncontaminated rainwater can run off or is pumped out. Non-
contaminated rainwater may in no case be mixed with waste water that requires treatment. Where possible, the
rainwater is to be used for the establishment's own water supply. To this end, the collected rainwater is stored.
Surplus rainwater is discharged to surface water. Discharging into sewers can only be accepted if no discharge to
surface water is possible and on the condition that it is permitted in the environmental licence.
§ 5. Contaminated rainwater must be collected and treated as the other waste water originating from the
establishment.
§2 replaced by Art. 10.1.23. Decision 5 december 2003 (B.S. 30 April 2004), date of commencement: 1 June 2004
Art. 5.2.1.8. § 1. At least ten days before the planned date for the commencement of the establishment's operations,
the operator of the establishment must inform the supervisory authority in writing by registered letter. [New
establishments or installations may not be brought into operation before the supervisory authority has inspected the
establishment or installation and is satisfied that the conditions stipulated in the environmental licence are being
complied with.] If the supervisory official finds that compliance with the environmental conditions is not
sufficiently assured, he can postpone the commencement of operations.
(Added by Art. 12 Decree 13 July 2001 (O.J. 19 September 2001))
§ 2. The operator is obliged to conclude a sufficient third-party insurance;
§ 3. At the establishment a copy of all licences granted to the establishment and the approved work plan must be
kept available for the supervisory official, unless specified otherwise in the environmental licence. The register and
the records and/or reports of the measurements and analyses prescribed in the environmental licence are kept
available for the supervisory official and for the Public Waste Agency for the Flemish Region (OVAM) and this
during the complete period of the operation. On the end of operations, the registers are handed over to the Public
Waste Agency for the Flemish Region (OVAM).
Fire prevention and firefighting
Art. 5.2.1.9. § 1. Except in combustion facilities intended and licensed for the purpose, it is forbidden to set fire to
waste materials.
§ 2. It is forbidden to store flammable substances in any location where temperatures may exceed 35C as a result of
heat generated by technological means.
§ 3. In the event of a fire, the fire brigade is called and all firefighting resources are put into action in expectation of
the arrival of the fire brigade.
§ 4. Unless only non-combustible waste materials are processed at the establishment, or unless specified otherwise
in the environmental licence, the operator is to take the following measures with a view to the prevention and
fighting of fires:
1. the organisation of the firefighting and the firefighting equipment is set down after consultation with the
authorised fire brigade;
2. the organisation of the firefighting and the firefighting equipment is checked by the operator, by someone
appointed by him, or by his representative annually. It is checked the first time prior to the coming into
operation of the installation. The dates of these checks and the observations made are recorded in the
register;
3. the equipment needed for the detection of smoke or fire is installed at the establishment according to the
instructions of the fire brigade;
4. written instructions for the personnel related to fire prevention and firefighting is posted in conspicuous
places.
5. the establishment disposes of the necessary collection capacity for fire extinguishing water so that in the
event of an emergency no contaminated (fire extinguishing) water can enter the environment. The capacity
of the collection system is determined after consultation with the fire brigade.
§ 5. The conditions related to fire prevention and firefighting are applicable without prejudice to other relevant
regulations.
Section 5.2.2. Waste storage and treatment plants
Subsection 5.2.2.1. Civic amenity sites (Public drop-off centres)
Waste acceptance
Art. 5.2.2.1.1. § 1. At civic amenity sites the following household wastes - insofar as they have been explicitly
indicated in the licence - can be collected and stored separately:
1. metals;
2. builders' and demolition rubble, with the exception of waste materials containing unbonded asbestos fibres;
3. glass;
4. cardboard and paper;
5. textiles;
6. plastics;
7. wood;
8. prunings and trimmings, garden waste and grass clippings;
9. rubber tyres;
10. spent motor oil;
11. used frying oils and fats;
12. other separately collected household wastes as specified in the environmental licence.
§ 1bis. It may be stipulated in the environmental licence that industrial wastes comparable to household wastes
because of their nature and composition may also be accepted, to the extent that they do not interfere with the
normal operation of the civic amenity site. For the implementation of this provision, the term "industrial wastes
comparable to household wastes because of their nature and composition [and quantity]" should be understood as:
waste materials originating as a result of activities of the same nature as the activities normal in a private household.
§ 2. If it is not specified in the environmental licence which waste materials can be collected and stored, the licence
is limited to the waste materials indicated in the application for the licence.
§ 3. At the civic amenity site a skip is placed for the collection of the so-called "residual fraction" of non-recyclable
waste that remains after sorting.
§ 4. The waste materials specified in § 1 are always stored separately. Unless specified otherwise in the
environmental licence the wastes are stored directly in skip containers.
Words added in § 1bis by Art. 7. Decision 28 November 2003 (O.J. 13 February 2004), date of commencement: 1
April 2004
Art. 5.2.2.1.2. As a derogation from the general conditions for waste treatment plants, 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
Art. 5.2.2.1.3. § 1. The skip containers are placed on an impervious floor, consisting of a concrete or equivalent
pavement with a drainage system.
[§ 2. Containers for spent motor oil, unless specified otherwise in the environmental licence having a maximum
capacity of 2 x 1,000 litres, are placed in an impervious and oil-resistant bund with a volume at least equal to the
volume of the oil containers placed therein.]
§ 3. Any waste containing bonded asbestos collected must be stored separately from other construction and
demolition waste. The stored asbestos waste may not be treated in any way.
§ 4. The electrical and electronic appliances collected are stored in an environmentally responsible way. Cooling and
freezing appliances are placed dry, upright and in such a way that the cooling circuit cannot be damaged. Screens are
stored in an intact state.
§ 2 replaced by Art. 8. Decision 28 November 2003 (O.J. 13 February 2004), date of commencement: 1 April 2004
§ 4 added by Art. 9. Decision 28 November 2003 (O.J. 13 February 2004), date of commencement: 1 April 2004
Subsection 5.2.2.2. Establishments for the storage and separation of hazardous household waste, connected to
civic amenity sites.
Waste acceptance
Art. 5.2.2.2.1.
§ 1. The waste materials that can be stored at the establishment are small quantities of hazardous wastes from
households (further referred to as hazardous household waste).
§ 1bis. It may be stipulated in the environmental licence that hazardous household waste of industrial origin, that
because of their nature, composition and quantity is comparable with hazardous household waste of household
origin, can be accepted to the extent this hazardous household waste does not impede the normal operation of the
installation for the storage and sorting of hazardous household waste as at civic amenity sites.
§ 2. Only hazardous household waste which is handed in in compliance with the provisions of the applicable
legislation can be accepted.
§ 1bis. added by Art. 10. Decision 28 November 2003 (O.J. 13 February 2004), date of commencement: 1 April
2004
Art. 5.2.2.2.2. § 1. The delivery, acceptance and separation of hazardous household waste is permitted only under
supervision of the operator or his authorised representative.
The operator or the aforementioned representative must have an adequate command of chemistry and must have
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 supervisory official of his authorised representative's name in writing.
§ 2. As a derogation from the general conditions for waste treatment plants, 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
Art. 5.2.2.2.3. § 1. The collected waste materials are separated and stored immediately or at the latest before the end
of the day's work by the operator or his authorised representative in such a way that any risk is avoided.
§ 2. The hazardous 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 wastes and the relevant danger symbols.
§ 3. The hazardous household waste is stored in an impervious compartmentalised container ("secure space for
hazardous household waste") or in a closed storage space, in accordance with the approved work plan.
§ 4. If it is found that a receptacle containing hazardous 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, a sufficient
number of spare receptacles and absorbing material must be kept available at the establishment. Empty
contaminated recipients and contaminated absorbing material is to be removed with the hazardous household waste.
Subsection 5.2.2.3. Establishments for composting (public) garden waste
Waste acceptance
Art. 5.2.2.3.1. Only the following waste materials may be accepted at the establishment:
- compostable waste materials originating from gardening and the maintenance of public parks and gardens.
Art. 5.2.2.3.2. As a derogation from the general conditions for waste treatment plants, no weighbridge is required
for category 2 or 3 establishments for composting (public) garden waste.
Operation
Art. 5.2.2.3.3. § 1. The operational management of the composting plant must be such that:
1 equable aerobic composting is ensured in the compost heaps;
2 the composting time is such that the decomposition process passes off optimally with a view to obtaining a usable
end product.
§ 2. The establishment for aerobic composting disposes of an aeration and turning surface to ensure complete
composting. When setting up the compost heaps, the material to be composted must be sufficiently moistened to
ensure good composting. During the composting process the decomposing material must be turned regularly to
maintain aerobic conditions in the piles at all times. Aeration and turning equipment must be present.
§ 3. The intermediate storage of compost must be in dust-free conditions and in piles of no more than 3 metres high.
§ 4. The composting is performed on an impervious floor equipped with a drainage system. The drainage water is
collected, if necessary treated, and stored to be used later for the moistening of waste materials to be composted.
Subsection 5.2.2.3bis. Installations for the composting of vegetable, fruit and garden waste with a composting
space smaller than 25 m3
Art. 5.2.2.3bis.1. The provisions of this subsection are applicable to the installations referred to in heading 2.2.3.b)
1° of the classification list.
Art. 5.2.2.3bis.2.
§ 1. The installation may only accept waste materials originating from the company with which the composting is
associated.
§ 2. Composting installations associated with a residential area may only accept waste materials originating from
producers within a demarcated area around the composting installation. The demarcation of the area is included in
the environmental licence on the basis of the capacity of the composting installation and the number of inhabitants
with insufficient opportunities of composting at home. The operator registers the producers of the waste materials
received.
Art. 5.2.2.3bis.3. Outside opening hours the composting installation must be closed to unauthorised persons. Any
storage of vegetable, fruit and garden waste outside the actual composting space is prohibited. Composting
installations with a composting space larger than 10 m3 must be provided with a concrete floor.
Art. 5.2.2.3bis.4. The operator keeps a compost log that mentions information relating to the weekly supply (in kg
and/or the number of visitors), temperature measurements, and data on the turning, removal and use of the compost.
Art. 5.2.2.3bis.5. The produced compost may only
be supplied to those who originally supplied vegetable, fruit and garden waste and/or
be used as a soil-improving substance for public vegetation in the municipality where the installation is
operating.
Art. 5.2.2.3bis.6. As a departure from the general prevailing provisions for waste treatment installations, no weigh
bridge, natural screen or waste materials register is required.
Subsection 5.2.2.3bis. added by Art. 11. Decision 28 November 2003 (O.J. 13 February 2004), date of
commencement: 1 April 2004
Subsection 5.2.2.4. Establishments for the storage and treatment of specific non-hazardous solid waste
materials
Waste acceptance
Art. 5.2.2.4.1.
§ 1. At establishments for the storage and treatment of non-hazardous waste the following solid waste materials can
be processed, insofar as they have been explicitly indicated in the environmental licence:
1. separately collected household wastes consisting of paper, wood, paperboard, textiles, plastics, metal, glass
and rubber wastes.
2. industrial wastes comparable to the household wastes specified in 1° because of their origin, nature and
composition;
3. inert waste;
a. [residues originating from the construction, the decomposition, the repair and the maintenance of
buildings, roads, constructions and engineering structures, with the exception of asphalt, wood,
plastic, other synthetic materials used in the construction sector and waste materials that contain
unbonded asbestos fibres or asbestos dust;]
b. residues, originating from the excavation of materials or substances in their natural state, insofar as
these materials originate from geological deposits belonging to the Tertiary or Quaternary periods
(deposits of sand, clay, loam, marl and gravel);
4. inert waste contaminated with asphalt, wood, plastic and other synthetic materials used in the building
trade, with the exception of waste materials containing unbonded asbestos fibres or asbestos dust.
§ 2. The following waste materials should in no case be accepted at the establishment:
1 hazardous waste, including hazardous household waste;
2 vegetable, fruit and garden waste and waste of animal origin;
3 household refuse not collected separately.
§ 3. If it is not specified in the environmental licence which waste materials can be stored and treated, the licence is
limited to the waste materials indicated in the application for the licence.
§ 4. The treatments (e.g. sorting, storage, transfer, crushing and compaction) which may be performed on the waste
materials, are specified in the environmental licence. If the environmental licence contains no information about
this, only the treatments specified in the application are allowed.
a) replaced by Art. 12. Decision 28 November 2003 (O.J. 13 February 2004), date of commencement: 1 April 2004
Operation
Art. 5.2.2.4.2.
§ 1. The treatments are performed on an impervious floor, consisting of a concrete or equivalent pavement with a
drainage system.
§ 2. The storage of the sorted materials must be done in orderly and safe fashion on the floors intended for this
purpose or in skip containers, in such a way that no nuisance is caused and in accordance with the approved work
plan. Outside the sorting floor, waste materials not suitable for recovery may only be stored in skip containers. The
storage of the waste materials, in skip containers or otherwise, is performed on an impervious floor consisting of a
concrete or equivalent pavement with a drainage system.
§ 3. As a derogation from § 1 and § 2 inert waste [and asphalt that does not contain tar] must be stored and treated
on a [solidified non-impervious] floor, that does not necessarily have to be fitted with an impervious paving.
§ 4. The environmental licence may impose the construction of an earthen embankment, possibly in addition to a
natural screen, to reduce dust and noise.
§ 5. The operator takes the measures necessary to avoid long storage periods and large storage quantities. The waste
materials not suitable for recovery and the sorted materials are removed regularly. Waste materials that give rise to
nuisance for the surrounding area are removed immediately.
§ 6. The processing of vehicle tyres must take place in such a way that the tyres are sorted in the following
categories:
1. those coming into consideration for direct reuse as second-hand tyres;
2. those suitable for retreading;
3. those not coming into consideration for direct reuse as second-hand tyres nor for retreading
Words added and replaced in §3 by Art. 13. Decision 28 November 2003 (O.J. 13 February 2004), date of
commencement: 1 April 2004
§6 added by Art. 10.1.5. Decision 5 December 2004 (O.J. 30 April 2004), date of commencement: 1 June 2004
Art. 5.2.2.4.3. Waste containing bonded asbestos must be stored separate from the other waste materials. No
processing whatsoever of the stored asbestos waste may take place.
Article 5.2.2.4.3. added by Art. 14 Decision 28 November 2003 (O.J. 13 February 2004), date of commencement: 1
April 2004
Subsection 5.2.2.5. Establishments for the storage and treatment of hazardous waste and industrial wastes not
indicated elsewhere
Waste acceptance
Art. 5.2.2.5.1. § 1. At establishments for the storage and treatment of hazardous waste, the following hazardous
household and industrial wastes can be processed, insofar as they have been explicitly indicated in the
environmental licence:
§ 2. If it is not specified in the environmental licence which waste materials can be stored and treated, the licence is
limited to the waste materials indicated in the application for the licence.
§ 3. The treatments which may be performed on the waste materials, are specified in the environmental licence. If
the environmental licence contains no information about this, only the treatments specified in the application are
allowed.
Operation
Art. 5.2.2.5.2. § 1. In addition to the conditions applicable for the storage of dangerous substances, the following
conditions apply.
§ 2. Hazardous waste must be stored in a compartmentalised storage site, possibly complemented by fixed
containers or tanks for liquid wastes. The waste materials may only be stored in the compartments, containers or
tanks designated for the purpose, in accordance with the approved work plan. Hidden pipes and/or connecting ducts
between tanks or containers are prohibited.
§ 3. The spaces where liquid waste is treated and/or stored must be constructed in such a way that any liquids leaked
from the receptacles or spilled accidentally are collected. The floors, receiving drains, sumps and bund are
impermeable and chemically inert with respect to the liquids they may come into contact with. Unless specified
otherwise in the environmental licence, the capacity of the sumps or the bund must at least be equal to the quantity
of liquids stored in the compartment concerned.
§ 4. Exceptionally hazardous waste materials, in particular compressed gases and substances that may ignite
spontaneously are to be stored in a separate building, spatially separated from other buildings, storage spaces and
plants. Minimum distances for this spatial separation may be imposed in the environmental licence.
Containers, drums, tanks and receptacles containing waste materials that should be stored spatially separated
because of their nature and characteristics, may not be located together in one bund.
§ 5. The containers, holders, tanks and other receptacles:
1. are clearly labelled with the nature of the individual wastes and the relevant danger symbols;
2. are constructed and placed in such a way that easy and representative sampling of the contents is possible;
3. are protected in such a way that accidents and leaks during the pumping over of the waste materials are
avoided as much as possible.
§ 6. To be able to take prompt action with leaks, defective or faulty packing, spillages, and other incidents with a
view to limiting any harmful consequences as much as possible, the necessary emergency materials must be
available at the establishment. These include absorbing material, outsized drums and protective equipment.
§ 7. The operator disposes of a sufficiently equipped water treatment plant to purify the waste water in order to be
able in all conditions to meet the effluent limits for discharges to surface water. Waste water that cannot be treated in
the waste water treatment plant is taken to a suitable treatment plant.
§ 8. The processing of non-reusable discarded electrical or electronic equipment must take place as follows:
1. the various harmful constituents are removed from the appliances, in particular those containing hazardous
substances or components;
a. at least the following, substances, preparations and parts are selectively disassembled and
collected for recycling or disposal at an establishment licensed to this end:
1. PCB/PCT-containing and electrolytic capacitors;
2. parts containing mercury;
3. all batteries and accumulators;
4. printed-circuit boards if the surface of the printed-circuit board amounts to more than 10
cm2;
5. all toner cassettes and ink-containing receptacles (empty or otherwise, dry or liquid ink)
and ink ribbons;
6. synthetic materials containing brominated flame-retardants;
7. asbestos-containing parts;
8. all screens, including:
a. cathode ray tubes;
b. LCD screens with a surface of over 100 cm2 and screens with background
lighting using gas-discharge lamps;
9. chlorofluorocarbons (CFCs and HCFCs or fluorohydrocarbons HFCs), hydrocarbons
(HCs);
10. gas-discharge lamps;
11. external electrical cables;
12. parts containing fire-proof ceramic fibres;
13. all parts containing radioactive substances;
14. all liquids.
b. The following parts must be treated as follows:
1. picture tubes: the fluorescent layer must be removed;
2. gas-discharge lamps: the mercury must be removed.
§ 9. The processing of discarded equipment and receptacles that contain ozone-depleting substances or fluorinated
greenhouse gases must take place as follows:
1. appliances and receptacles containing ozone-depleting substances or fluorinated greenhouse gases are
relieved of the substances;
2. the ozone-depleting substances or fluorinated greenhouse gases are stored separately;
3. insulation material containing ozone-depleting substances or fluorinated greenhouse gases is relieved of the
substances by means of a closed degassing system at an establishment licensed to this end.
§8 and 9 added by Art. 10.1.6. Decision 5 December 2003 (O.J. 30 April 2004), date of commencement: 1 June
2004
§8 rescinded by Art. 53 Decision 14 July 2004 (O.J. 8 October 2004), date of commencement: 1 December 2004
Art. 5.2.2.5.3. § 1. The operator or his authorised representative must have an adequate command of chemistry and
must have 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 supervisory official of his authorised representative's name in writing.
§ 2. Upon delivery, the hazardous waste is stored and treated by the operator or his authorised representative in such
a way that risks are avoided as much as possible.
§ 3. The hazardous 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 hazardous 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 facilities of the compartmentalised storage are to be emptied regularly
and at least after each incident. The waste material flow obtained is to be processed in an appropriate fashion.
§ 7. Empty contaminated receptacles and contaminated absorbing material are stored and treated according to the
nature of the substances with which they have been contaminated. Non-reusable receptacles are processed according
to an adapted method.
Subsection 5.2.2.6. Vehicle wreck storage and processing plants
Art. 5.2.2.6.1. This subsection applies to the acceptance (article 5.2.2.6.2.), not to the storage of at most ten vehicle
wrecks next to maintenance and repair shops for motor vehicles.
Waste acceptance
Art. 5.2.2.6.2.
§ 1. [At vehicle wreck storage and processing plants, to the extent explicitly mentioned in the environmental licence,
contaminated and decontaminated vehicle wrecks and parts of them can be stored and treated, and following waste
materials originating from the treatment of the vehicle wrecks temporarily stored:
liquids, in particular coolants for air-conditioning, hydraulic fluid, engine, transmission and driving gear
oil, hydraulic oil, fuels, cooling water, wash/wipe liquids;
metal parts;
engine oil filters;
gas tanks;
lead starter batteries;
pyrotechnic parts of air bags/seat belts;
catalytic agents;
vehicle tyres;
glass;
large synthetic parts such as bumpers, dashboards and liquid tanks.]
§ 2. If it is not specified in the environmental licence which waste materials can be stored and treated, the licence is
limited to the waste materials indicated in the application for the licence.
§ 3. [The treatments which may be performed at a vehicle wreck storage and processing plant, insofar as they have
been explicitly indicated in the environmental licence, include:
the drawing off of liquids;
the disassembly of parts;
destruction, including crushing]
§ 4. If it is not specified in the environmental licence which treatments can be performed, the licence is limited to the
treatments indicated in the application for the licence.
§ 5. As a derogation from the general conditions for waste treatment plants, no weighbridge is required for category
2 or 3 establishments for vehicle wreck storage and processing plants.
§ 6. [With the reservation of the application of the provisions of article 5.2.1.2, the register mentions the chassis
number of the delivered and disposed of vehicle wrecks, with the exception of the vehicles destroyed and discarded
by the accredited centres. The date of the last roadworthiness tests of the delivered vehicle wrecks is mentioned, to
the extent the test certificate accompanies the wreck.]
§1 replaced by Art. 10.1.7. Decision 5 December 2004 (O.J. 30 April 2004), date of commencement: 1 June 2004
§3 replaced by Art. 10.1.8. Decision 5 December 2004 (O.J. 30 April 2004), date of commencement: 1 June 2004
§6 added by Art. 10.1.11. Decision 5 December 2004 (O.J. 30 April 2004), date of commencement: 1 June 2004
Operation
Art. 5.2.2.6.3.
§ 1. [In accordance with the general conditions for waste treatment plants, any location on the site where liquids that
are harmful to the environment may leak onto the ground is provided with an impervious floor and a leakproof
drainage system with hydrocarbon separator and sludge pit so that leaked liquids cannot pollute the ground,
groundwater or surface water. These provisions apply in particular for the following places:
1. places where leaking vehicle wrecks are put;
2. places where contaminated vehicle wrecks are stored or decontaminated;
3. places where decontaminated vehicle wrecks are stored;
4. storage sites for batteries and liquid-containing receptacles or parts;
5. places where vehicles or parts are cleaned;
6. places where vehicle wrecks are destroyed, including crushing;
7. other places as specified in the environmental licence.
§ 2. Not decontaminated wrecks may not be stacked, and are to be placed in such a way that any liquids present
cannot leak from them.
§ 3. Not decontaminated vehicle wrecks can only be stacked insofar as this is permitted by the environmental licence
and providing that the particular conditions imposed in this respect are complied with. Unless specified otherwise in
the environmental licence, the stacking height may not exceed 3 m. The use of stacking racks is regulated by the
special licence conditions.]
Replaced by Art. 10.1.10. Decision 5 December 2004 (O.J. 30 April 2004), date of commencement: 1 June 2004
Article 5.2.2.6.4. § 1. [Processing in spaces specifically equipped and intended for this purpose that are clearly
separated from each other takes place as follows:
1. collection of the vehicle wrecks;
2. temporary storage of not decontaminated vehicle wrecks;
3. temporary storage of decontaminated vehicle wrecks;
4. storage of liquids and other materials;
5. storage of parts;
6. storage of waste;
7. processing and further storage.
The processing method must be organised in such a way that substances hazardous to the environment are processed
as soon as possible.]
§ 2. [Disassembly and 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 the inspection, repair and maintenance of motor vehicles (including bodywork activities), and
provided that the disassembled 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 contaminating or harmful components in the vehicle wreck as
soon as it is delivered prior to any further treatment, more specifically:
1. drainage and individual storage of the liquids;
2. drainage of the coolants for air-conditioning with a contained system;
3. emptying of the brake fluid reservoir;
4. drainage of the engine oil, transmission oil and the driving gear oil;
5. disassembly of the engine oil filler;
6. emptying of the fuel tank by direct extraction in the tank or of a splash-free drainage system;
7. drainage of the differential assembly and any gear train;
8. drainage of the oil of the steering gear or servo steering;
9. drainage of hydraulic oils from wheel suspension systems;
10. drainage of cooling water;
11. drainage of washer fluid;
12. disassembly of any gas tanks;
13. disassembly of the lead starter batteries;
14. making safe of pyrotechnic parts of air bags/seat belts;
15. disassembly of catalytic agents and other dangerous parts.
The drainage of the liquids must be 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 extent possible these parts
should be removed from the wreck. After draining, the drain plugs are fitted again]
§ 3. [With the reservation of the application of the provisions in § 2, still present liquids are immediately removed
from leaking vehicle wrecks.]
§ 4. [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:
1. catalytic agents;
2. 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;
3. 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;
4. glass.
Parts of discarded vehicles must be processed as follows:
1. 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.
2. non-reusable parts are recovered to the extent possible where preference is given to recycling to the extent
the this entails no environmental dangers.]
§ 5. Large storage quantities and long storage periods are to be avoided. To this end, all stored materials are
removed at regular intervals, with the exception of the parts disassembled for reuse as spares.
§1 replaced by Art. 10.1.11. Decision 5 December 2004 (O.J. 30 April 2004), date of commencement: 1 June 2004
§2 replaced by Art. 10.1.12. Decision 5 December 2004 (O.J. 30 April 2004), date of commencement: 1 June 2004
§3 replaced by Art. 10.1.13. Decision 5 December 2004 (O.J. 30 April 2004), date of commencement: 1 June 2004
§4 replaced by Art. 10.1.14. Decision 5 December 2004 (O.J. 30 April 2004), date of commencement: 1 June 2004
§5 rescinded and §6 renumberd §5 by Art. 10.1.15. Decision 5 December 2004 (O.J. 30 April 2004), date of
commencement: 1 June 2004
Article 5.2.2.6.5. § 1. The liquids taken from the wrecks are kept in the closed drums or tanks intended for that
purpose, 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 symbols.
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. The batteries are stored under cover and in a bund, on an acid-proofed impervious floor. Other types of storage
space for batteries must be approved by the supervisory authority.
§ 3. Absorbing material must be available at the establishment in sufficient quantities. Contaminated absorbing
material is to be taken to an establishment appropriate for this material.
Subsection 5.2.2.7. Scrap storage and processing plants
Waste acceptance
article 5.2.2.7.1. § 1. The following waste materials may be accepted at a scrap storage and processing plant, insofar
as they have been explicitly indicated in the environmental licence:
- ferrous and non-ferrous metal scrap.
§ 2. Scrap in the form of receptacles - such as drums, tanks or tubular constructions - that have contained hazardous
substances or have been contaminated with them, can only be accepted at the establishment insofar as these
receptacles are empty and have been cleaned.
§ 3. Expended kitchen equipment, washing machines, tumble-dryers etc. or discarded consumer goods that may
contain gases or liquids, can only be processed if this is explicitly permitted by the environmental licence.
Additional conditions may be imposed in the environmental licence, depending on the nature of the treatments that
may be performed on the waste materials.
§ 4. If it is not specified in the environmental licence which waste materials can be accepted, the licence is limited to
the waste materials indicated in the application for the licence.
§ 5. If it is not specified in the environmental licence which treatments can be performed, the licence is limited to the
treatments indicated in the application for the licence.
§ 6. As a derogation from the general conditions for waste treatment plants, no weighbridge is required for category
3 scrap storage and processing plants.
Operation
Article 5.2.2.7.2. § 1. Unless specified otherwise in the environmental licence, ferrous and non-ferrous scrap are
stored on an impervious floor [connected to a leakproof drainage system that is provided with a hydrocarbon
separator and sludge catch pit] or in impervious containers, in accordance with the approved work plan.
§ 2. Unless specified otherwise in the environmental licence the scrap is to be processed on an impervious floor
equipped with a drainage system.
§ 3. Unless specified otherwise in the environmental licence, the stacking height may not exceed 3 m. Large storage
quantities and long storage periods are to be avoided. To this end all stored materials are removed regularly.
Words replaced in §1 by Art. 15. Decision 28 November 2003 (O.J. 13 February 2004), date of commencement: 1
April 2004
Subsection 5.2.2.8. Establishments for the storage and processing of consumed oil
Waste acceptance
Article 5.2.2.8.1. § 1. In an establishment for the storage and processing of consumed oil only those types of
consumed oil may be accepted that have been specified in the environmental licence. If no specific types are
indicated in the licence, the licence is limited to the types mentioned in the application.
§ 2. The treatments which may be performed on the waste materials, are specified in the environmental licence. If
the environmental licence contains no information about this, only the treatments specified in the application are
allowed.
§ 3. As a derogation from the general conditions for waste treatment plants, no weighbridge is required for
establishments for the storage and processing of consumed oil.
Operation
Article 5.2.2.8.2. § 1. The storage of consumed oil must meet the conditions for the storage of combustible liquids
with a flashpoint higher than 55 C and lower than or equal to 100 C.
§ 2. The operator of an establishment for the storage or treatment of consumed oil must dispose of sufficient
quantities of technical means to store or treat consumed oil without causing environmental pollution. The operator of
an establishment for the treatment of consumed oil must dispose of a sufficiently developed water treatment plant to
purify the waste water originating from the treatment in order to be able in all conditions to meet the effluent limits
for discharges to surface water. Waste water that cannot be treated in the waste water treatment plant is taken to a
suitable treatment plant.
§ 3. The storage tanks and containers for consumed oil are constructed and placed in such a way that easy and
representative sampling of the contents is possible.
§ 4. It is forbidden to store other substances in the storage tanks or containers licensed for the storage of consumed
oil.
§ 5. The addition of water, solvents or any other substance to the consumed oil is forbidden.
§ 6. Any residues formed during the storage of consumed oil are to be delivered to a suitable processing plant.
Article 5.2.2.8.3. Consumed oil to be used for incineration after processing must meet the following criteria with
respect to composition:
Parameter: Limit value: Recommended methods of analysis*:
Flashpoint 55C NBN T 52-110
AAC 2\III\C
Water content 1.2 % (m/m) AAC 2\III\E
ASTM D1744
Sediment NBN T 52-081
ASTM D473
0 AAC 2\III\A
.
5
%
(
m
/
m
)
Sulphur content 0.3 % (m/m) NBN 52-046 (render soluble)
ASTM D808 (render soluble)
AAC 2\III\D
Total organohalogen compounds (EOX) 0.1 % (m/m) AAC 3\P
ASTM D808 (digestion)
concentration of PCB/PCT ** 1 mg/kg AAC 3\A\II
(congener-specific determination of
PCBs)
Organic solvents (non-specific) 2 % (m/m) AAC 3\Q
heavy metals:
total for Cd, Ni, Pb, Cr, Cu and V: 60 mg/kg
recommended methods of analysis*:
- if new editions of the standards indicated are published, the new editions apply;
- AAC: stands for "AfvalstoffenAnalyseCompendium" (= compendium of waste materials analysis) (published
by: OVAM).
concentration of PCB/PCT **: polychlorinated biphenyls/polychlorinated terphenyls
With the exception of water content, these criteria are determined on the sample without free water.
For heavy metals, the concentration value comprises both the metal itself and its compounds expressed in the metal.
Article 5.2.2.8.4. [..]
Rescinded by Art. 16. Decision 28 November 2003 (O.J. 13 February 2004), date of commencement: 1 April 2004
Article 5.2.2.8.5. [..]
Rescinded by Art. 16. by Art. 15. Decision 28 November 2003 (O.J. 13 February 2004), date of commencement: 1
April 2004
Article 5.2.2.8.6. § 1. The operator of a licensed storage site for consumed oil must give a bank guarantee with the
Public Waste Agency for the Flemish Region (OVAM) as beneficiary.
§ 2. The amount of the bank guarantee is specified at [49,58 euro] per cubic metre of licensed storage capacity.
Proof that the bank guarantee has been given is to be submitted to the Public Waste Agency for the Flemish Region
and to the supervisory official within thirty days of the service of the licence.
§ 3. Subject to the agreement of the Public Waste Agency for the Flemish Region, the bank guarantee may be
withdrawn if - in accordance with the provisions of these regulations and the requirements referred to in the
environmental licence - all consumed oil has been removed from the establishment and the operator does not bring
new consumed oil into the establishment.
§ 4. The supervisory official submits a written report about this to the Public Waste Agency for the Flemish Region
(OVAM). Should the occasion arise, the public Flemish waste materials corporation may use the bank guarantee for
processing the waste materials by order of the authorities.
§ 5. The provisions concerning the bank guarantee are not applicable for the storage of consumed oil originating
from garages, machinery, repair shops or maintenance workshops. Likewise it does not apply to the storage at civic
amenity sites, nor for storage directly associated with establishments for the incineration of consumed oil.
Words replaced in §2 by Art. 17. by Art. 15. Decision 28 November 2003 (O.J. 13 February 2004), date of
commencement: 1 April 2004
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 hold for the cleaning activities, without prejudice to the conditions that
apply to other activities such as the beating out of dents, (sand)blasting and painting of metal or other surfaces.
Waste acceptance
Article 5.2.2.9.2. § 1. At the establishment for the cleaning of receptacles, empty receptacles can be decontaminated
insofar as they are explicitly indicated in the environmental licence. The term receptacles includes drums, tanks,
tankers, railway vehicles, bulk goods wagons, ships and barges.
§ 2. If it is not specified in the environmental licence which receptacles can be decontaminated and cleaned, the
licence is limited to the receptacles indicated in the application for the licence.
§ 3. The treatments which may be performed on the waste materials, are specified in the environmental licence. If
the environmental licence contains no information about this, the licence is restricted to the treatments specified in
the application.
§ 4. As regards the burning out of receptacles the same conditions apply as for the incineration of waste materials
corresponding to the substances for which the receptacles were used.
§ 5. As a derogation from the general conditions for waste treatment plants, no weighbridge is required for
establishments for the decontamination and cleaning of receptacles used for the storage or transport of substances.
Operation
Article 5.2.2.9.3. § 1. The establishment must be constructed in such a way that waste materials can in no way be
discharged into the environment.
The floors of the cleaning establishment, the claining lines, the receiving drains and the drainage channels must be
impervious and chemically inert with respect to the waste materials they may come into contact with.
No connection may exist between the cleaning installation 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 dispose of a sufficiently developed water
treatment plant to purify the waste water originating from the cleaning in order to be able in all conditions to meet
the effluent standards for discharges to surface water. Waste water that cannot be treated in the waste water
treatment plant is to be taken to a suitable treatment plant.
The cleaning establishment as a whole must be impervious and chemically inert with respect to 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 plant 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 plant, as well as
the waste materials originating as a result of the processing are removed to a suitable processing plant.
§ 4. The storage spaces for liquid waste and the cleaning rooms proper must be 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 with respect to 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 originating from the cleaning activities are stored:
1 may only be stored in storage spaces intended for this purpose, on a surface that is both impervious and
chemically inert with respect to the waste materials stored in these containers or drums;
2 are placed in a bund that is impervious and chemically inert with respect to the waste materials stored in these
containers or drums; the capacity of this bund must be sufficiently large to hold all of the liquids stored in it.
3 are clearly labelled with the nature of the individual wastes and the relevant danger symbols;
Subsection 5.2.2.10 Animal waste storage and processing plants
Art. 5.2.2.10.1. Without prejudice to the provisions related to the marketing regulations for products made up of
low-risk and high-risk constituents, the following conditions apply.
Waste acceptance
Art. 5.2.2.10.2. § 1. In an establishment for the processing of animal waste consisting of low-risk material, solely
low-risk material can be processed.
§ 2. In a establishment for the processing of animal waste consisting of high-risk material, both high-risk and low-
risk material can be processed.
§ 3. A limitation which applies for both § 1 and § 2 is that at the processing plants only animal waste may be
accepted that is permitted by the environmental licence.
§ 4. The types of processing which may be performed on the animal waste are specified in the environmental
licence.
§ 5. The elimination of animal waste by means of burial or incineration does not constitute processing of animal
waste.
Layout and infrastructure
Art. 5.2.2.10.3. § 1. The establishment comprises a clean and an unclean section, appropriately separated to prevent
contamination or recontamination of the final products.
§ 2. The unclean section contains the spaces for the acceptance of the animal waste and all processing rooms - from
the production process up to and including the heat treatment systems.
§ 3. The clean section contains the storage and processing rooms for the substances that have undergone heat
treatment.
§ 4. The waste air and waste water treatment installations form part of the unclean section.
§ 5. The establishment disposes of the necessary capacity and adequate provisions for hot water and steam
generation.
Art. 5.2.2.10.4. § 1. The establishment is separated from the public highway and from other establishments.
§ 2. Spaces for the processing of high-risk material may not be located on the same premises as a slaughterhouse,
unless they are located in a completely separated part of the building.
§ 3. No other animals than those being processed may have access to the premises.
Art. 5.2.2.10.5. § 1. After each use, receptacles, containers and means of transport are to be cleaned and disinfected
both inside and out.
§ 2. At the exit from the unclean section an installation is set up for washing and decontaminating the wheels of
vehicles. This installation may be either manually operated or automatic. Any means of transport used for the
transport of waste materials and any means of transport leaving the unclean section may only leave the
establishment after the wheels have been cleaned and decontaminated.
§ 3. The clean section can only be entered through a decontamination area.
§ 4. Appliances and tools may not be moved from the unclean section to the clean section.
§ 5. Persons working in the unclean section may not enter the clean section without changing working clothes and
footwear or without having disinfected their footwear.
Art. 5.2.2.10.6. § 1. Waste materials are accepted and stored in a closed space of the unclean section.
§ 2. The storage sites and storage receptacles are kept cool. The temperature is monitored continually. No heat from
the production processes may be added to the storage sites.
§ 3. The storage sites are constructed in such a way that they can be cleaned and decontaminated easily. The
transitions between floor and walls and between the walls are rounded or given a similar finish. The floors are
constructed in such a way that liquids drain off easily.
§ 4. Delivered waste materials are to be processed as soon as possible. Processing must be complete not later than 24
hours after delivery.
§ 5. In exceptional cases sufficiently cooled waste materials may be kept longer in refrigerated closed spaces.
The processing
Art. 5.2.2.10.7. § 1. The crushing or grinding of the waste materials is effected in the unclean section.
§ 2. The waste materials are processed in a closed processing plant.
§ 3. A form of heat treatment is indispensable.
§ 4. Hides and skins are treated with sodium chloride.
Art. 5.2.2.10.8. § 1. [Both high-risk and low-risk material originating from mammals is crushed or ground until a
particle size of at most 50 mm is obtained. The crushed or ground particles are heated in such a way that their
internal temperature reaches at least 133 C for a period of 20 minutes at a pressure of 3 bars.
This provision does not apply to:
1 the processing of low-risk material for the production of pet food;
2 food for furred animals;
3 gelatin;
4 hides and skins, hoofs, horns and hair;
5 glands and organs for pharmaceutical use;
6 blood and blood products;
7 milk and dairy products;
8 molten grease;
9 bones suitable for human consumption;
10 products on the basis of animal wastes from mammals, of which it can be guaranteed that they will not enter any
animal or human food chain.
§ 2.If the parameter values referred to in § 1 cannot be achieved, the processing of high-risk and low-risk material
from mammals can only be permitted on the condition that such processing is preceded or followed by a process
where the parameter values of § 1 are achieved, or if the resulting protein material is destroyed by burying it or by
burning it in an incinerator or as fuel, or by applying a comparable method which guarantees the safe disposal of the
material.
§ 3. High-risk material not originating from mammals is to be crushed or ground to obtain a particle size of at most
50 mm. The crushed or ground particles are heated in such a way that their internal temperature reaches at least 133
C for a period of 20 minutes at a pressure of 3 bars.
Alternative heat treatment systems offering the same guarantees as specified in the first paragraph are permitted only
for the processing of high-risk material that does not originate from mammals, and on the condition that they
correspond to one of the systems or to a combination of systems as described in appendix 5.2.2.10. Enterprises that
make use of this must prove that the final products have been sampled daily for a period of one month, in order to
check whether the requirements regarding hygiene - as indicated in article 5.2.2.10.11. - have been met.
§ 4. The heat treatment of low-risk material that does not originate from mammals ensures that the provisions of
article 5.2.2.10.11. § 2. are complied with.
§ 5. For the processing of animal waste both continuous as well as batch systems may be used.
(replaces the Decision of the Flemish Government of 3 June 1997, art. 2, I: 1 April 1997)] Art. 5.2.2.10.9. § 1. [At various
places in the processing line (heat treatment installation) suitable measuring equipment is installed to monitor
temperature and pressure, in order to be able to record temperature and pressure values during all stages of the
processing.
The measuring results are recorded continuously and the equipment must be calibrated at regular intervals.
§ 2. The particle size must be checked regularly and the reduction equipment must be adjusted if wear or damage is
observed which might result in particles larger than the set maximum entering the process.
The observations made concerning the particle size are recorded.
§ 3. For continuous systems a test is performed in normal operating conditions to check how long the raw material
stays in the system. Marker agents, e.g. manganese dioxide (MnO 2), are introduced into the continuous system (at
time zero). At the end of the process samples are taken from the products to measure how much of the insoluble
marker agent is recovered. In addition samples are taken between point zero and the time at which it is assumed that
the quantity of marker agent used will have largely passed through the system.
The observations made concerning the duration of treatment are recorded.
§ 4. The recorded information concerning temperature, pressure, particle size and duration of treatment must be
retained for at least 2 years.
§ 5. An effective safety system is required to prevent the waste from not being heated sufficiently.
§ 6. The installations and appliances must be maintained properly. (replaces the Decision of the Flemish Government of 3
June 1997, art. 3, I: 1 April 1997)].
Art. 5.2.2.10.10. § 1. At each location within the site where it originates, odorous waste air is extracted and ducted
to a suitable abatement installation. In all cases waste air is extracted from the receiving and storage spaces and from
above the crushing or grinding installation.
§ 2. The waste gases from the heat treatment installation are ducted to an suitable abatement installation.
§ 3. The establishment's waste water must be able to drain off to suitable collection wells easily.
§ 4. The waste water is to be treated in a suitable waste water treatment plant until it meets the effluent standards.
The treatment may not cause odour nuisance.
§ 5. Waste water (process water and cleaning water) originating from the unclean section must be treated in such a
way that it no longer contains germs.
Requirements regarding hygiene for the final products
Art. 5.2.2.10.11. § 1. Samples of the final product based on high-risk material, taken immediately after the heat
treatment must be free of heat-resistant pathogenic bacterial spores:
Clostridium perfringens: absent in 1 g.
§ 2. Samples taken in the processing plant of final products based on both low-risk and high-risk material must meet
the following conditions:
Salmonella:absent in 25 g
n = 5, c = 0, m = 0, M = 0
Enterobacteriaceae: n = 5, c = 2, m = 10, M = 3 × 10 2/g
n = number of part samples making up the sample.
m = threshold for the number of bacteria; the result is considered satisfactory if the number of bacteria in none of the
part samples is greater than m.
M = maximum value for the number of bacteria, the result is considered unsatisfactory if the number of bacteria in
one or more of the part samples is equal to or greater than M.
c = number of part samples for which the bacterial count
may have a value between m and M, with the sample still being considered acceptable if the bacterial counts for the
other part samples do not exceed m.
§ 3. Samples of the final products are taken in sufficient quantities to ensure that the final products at all times meet
the microbiological standards specified in § 1 and § 2.
§ 4. The results of the various checks and tests are recorded and kept for a period of at least 2 years. They are kept
available for inspection by the supervisory official at all times.
§ 5. The procedures, methods and equipment for sampling and measurements are to be approved by the authorities.
The methods used for sampling and measuring are approved beforehand by a laboratory accredited in the discipline,
unless the sampling and measuring is carried out by such a laboratory accredited in the discipline.
Monitoring
Art. 5.2.2.10.12. § 1. If it appears from the checks and tests carried out that the standards of art. 5.2.2.10.11 are not
being complied with, the operator must inform the supervisory authority of this fact immediately.
§ 2. The operator takes the measures necessary to ensure that contaminated or possibly contaminated material does
not leave the enterprise.
§ 3. The operator checks what may have caused this non-compliance with regulations. In any case he disinfects and
cleans the enterprise in the appropriate manner.
The sampling frequency and the frequency of production controls is increased.
§ 4. The contaminated or possibly contaminated material is processed again under the direct supervision of the
supervisory authority.
Art. 5.2.2.10.13. The operator takes the steps required to locate and regularly check the points in the establishment
where problems may occur.
Obligations of the authorities
Art. 5.2.2.10.14. § 1. At regular intervals the supervisory authority carries out inspections of the compliance with all
regulations imposed in the environmental licence.
§ 2. Twice per year and at the operator's expense samples are taken of the final products by the supervisory authority
- or by an accredited laboratory by order of the supervisory authority. These samples are microbiologically checked
for compliance with the requirements stipulated in art. 5.2.2.10.11.
§ 3. If it appears from the inspections performed that not all regulations have been complied with, the competent
authority will take appropriate measures.
§ 4. In particular, if the microbiological standards and the microbiological checks have not been observed, the
provisions of art. 5.2.2.10.12. will apply.
Subsection 5.2.2.11.
Establishments for the treatment of waste materials within, or forming part of, a sewage treatment plant Art.
5.2.2.11.1. This subsection is applicable to establishments for the processing of waste materials within, or forming
part of sewage treatment plants. Art. 5.2.2.11.2. § 1. As a derogation from article 5.2.1.2. no weighbridge is
required. § 2. As a derogation from article 5.2.1.3., the work plan must only comprise:
1° the organisation of wastes delivery;
2° the organisation of the processing of the delivered waste materials;
3° the organisation of the removal of waste materials;
4° the processing method for the delivered waste materials if the establishment is out of service (temporarily);
5° measures to be taken in the event of undesired side-effects and to prevent nuisance. § 3. As a derogation from
article 5.2.1.5., § 1, no signboard is required.
Section 5.2.3. Waste incineration plants
Subsection 5.2.3.1. General conditions for incineration plants
Art. 5.2.3.1.1. The general conditions for incineration plants below are - according to the type of plant concerned -
supplemented by the conditions stipulated in subsections 5.2.3.2., 5.2.3.3., 5.2.3.4. and 5.2.3.5.
Wood-burning stoves derogation
Art. 5.2.3.1.2. The conditions in this section do not apply to wood-burning stoves with a maximum nominal
capacity of 50 kilograms per hour used exclusively for the burning of untreated pieces of wood for heating living
and working space.
Operation
Art. 5.2.3.1.3. § 1. The incineration plant is to be operated in such a way that at all times the waste materials are
burned as evenly and completely as possible, with minimal emissions. To achieve this, a preliminary treatment of
the waste materials may prove necessary.
To this end, the plant is operated continuously as much as possible and the waste materials are mixed and made as
homogenous as possible.
§ 2. Unless specified otherwise in the environmental licence, continuous operation is compulsory for [..] household
waste incineration plants, with the exception of periods for checking or maintenance and periods of standstill.
§ 3. The feeding of the furnace is effected in the safest conditions. The filler opening is sealed airtight while the
furnace is not being filled. The underpressure in the furnace must be such that no egress of flue gases can occur via
the filler opening, nor when filling. The design of the feed mechanism to the incineration plant must such that an
even feeding is guaranteed.
§ 4. Any heat generated by the incineration process shall be recovered as far as possible.
Flue gas emissions and chimney stack height
Art. 5.2.3.1.4. § 1. The incineration plant is equipped and operated in such a way that any emissions into the air that
would lead to significant air pollution at ground level are prevented.
§ 2. Flue gases are emitted in a controlled manner by means of a chimney stack.
§ 3. The chimney stack height is calculated in such a way that human health and the environment are preserved from
danger. The operator is to calculate the chimney stack height using the general chimney stack height calculation
method specified in appendix 4.4.1. to these regulations or an equivalent calculation system. The minimum or
maximum chimney stack height can be specified in the environmental licence.
§ 4. The chimney stack and the vent ducts are equipped with monitoring openings and a monitoring platform in
accordance with the NBN x 44.002 standard or an equivalent standard. The monitoring openings have a diameter of
at least 12 cm.
§ 5. The operator takes the steps required to register the actual flow rate of the flue gases emitted through the
chimney stack. The actual flow rate of the flue gases is the flow rate not counting any diluting air.
§ 6. The chimney stack height calculation and the flow rate data are kept available for the supervisory official.
Art. 5.2.3.1.5. § 1. The emission limit values for polluting substances emitted into the air at all times refer to the
following conditions: temperature 273°K, pressure 101.3 kPa, 11% oxygen or 9% CO 2 dry gas. At all times
measuring results are to be converted to these conditions.
§ 2. As an exception to that stated in § 1, the emission limit values for consumed oil incineration plants refer to the
following conditions: temperature 273° C, pressure 101.3 kPa, 3% oxygen dry gas.
§ 3. If waste materials are combusted in an atmosphere of pure oxygen, the measuring results may be converted to
an oxygen content laid down by the licensing authorities in the environmental licence and reflecting the special
conditions of the individual case concerned.
§ 4. If the plant in question is not used mainly for the incineration of waste materials, the emission limit values are
calculated according to the formula below:
Vwaste × Cwaste + Vproc × Cproc
__________________________________ = C
Vwaste + Vproc
where:
Vwaste: flue gas volume resulting from the incineration of waste (as determined on the basis of the waste fraction with
the lowest calorific value) and, as the case may be, converted to the conditions specified in §§ 1, 2 or 3.
If the heat generated by the incineration of waste materials is less than 10 % of the total heat released at the plant,
the flue gas volume must be calculated on the basis of a (theoretical) quantity of waste that would produce 10% of
the heat released when incinerated, for an observed total amount of heat released.
Cwaste: the emission limit values that apply for plants intended to incinerate waste materials only.
Vproc: flue gas volume resulting from the plant process - including the combustion of the authorised fuels normally
used in the plant (wastes excluded), as determined on the basis of the oxygen contents at which the emissions must
be standardised as laid down in the prevailing regulations.
Cproc: plant emission limit values for the incineration of normally authorised fuels.
C: total emission limit value that applies for the plant concerned.
The total oxygen content to replace the oxygen content for the standardisation according to § 1 and § 2, is calculated
on the basis of the content above, respecting the partial volumes. In any case the total emission limit value (C) must
be calculated in such a way that emissions into the environment are kept as low as possible.
§ 5. Daily averages are determined for the actual operating time of the plant, which includes the time required for
starting up and shutting down. Daily averages are calculated on the basis of the measured values from which the
value of the confidence interval has been deducted. The value of the 95 % confidence intervals established for the
emission limit values may not exceed the following percentages of the emission limit values:
CO: 10 %
SO2: 20 %
HCl: 40 %
total suspended particulates and total organic carbon: 30 %
In the case of periodic measurements, the average values for the sampling period are determined. Unless specified
otherwise, the sampling period is one hour.
§ 6.
1° Dioxin and dibenzofuran measurements:
for the emission limit value for polychlorinated dibenzodioxins (PCDDs) and polychlorinated dibenzofurans
(PCDFs) concentrations are calculated as the sum of the concentrations for the individual dioxins and furans
determined in accordance with the table below.
Before calculating the sum of the values, the mass concentrations of the following dioxins and dibenzofurans must
be multiplied with the equivalence factors below:
Toxicity
equivalence factor
2,3,7,8-tetrachlorodibenzodioxin (TCDD)1
1,2,3,7,8-pentachlorodibenzodioxin (PeCDD)0.5
1,2,3,4,7,8-hexachlorodibenzodioxin (HxCDD)0.1
1,2,3,7,8,9-hexachlorodibenzodioxin (HxCCD)0.1
1,2,3,6,7,8-hexachlorodibenzodioxin (HxCDD)0.1
1,2,3,4,6,7,8-heptachlorodibenzodioxin (HpCDD)0.01
-octachlorodibenzodioxin (OCDD)0.001
2,3,7,8-tetrachlorodibenzofuran (TCDF)0.1
2,3,4,7,8-pentachlorodibenzofuran (PeCDF)0.5
1,2,3,7,8-pentachlorodibenzofuran (PeCDF)0.05
1,2,3,4,7,8-hexachlorodibenzofuran (HxCDF)0.1
1,2,3,7,8,9-hexachlorodibenzofuran (HxCDF)0.1
1,2,3,6,7,8-hexachlorodibenzofuran (HxCDF)0.1
2,3,4,6,7,8-hexachlorodibenzofuran (HxCDF)0.1
1,2,3,4,6,7,8-heptachlorodibenzofuran (HpCDF)0.01
1,2,3,4,7,8,9-heptachlorodibenzofuran (HpCDF)0.01
octachlorodibenzofuran (OCDF)0.001
2° The mass concentration of dioxins and dibenzofurans is measured according to the requirements referred to in the
Belgian standard T 95-R-NBN EN 1948-1, 2 and 3.
Waste water
Art. 5.2.3.1.6. § 1. The waste water originating from the cleaning of the flue gases must be treated.
§ 2. Proportionate to the quantity of processed waste materials, the mass of heavy metals, dioxins and furans in the
waste water must be reduced to such an extent that the mass discharged with the water is less than the mass that can
be emitted into the air.
Processing of combustion residue
Art. 5.2.3.1.7. § 1. The burn out of the waste materials must be as complete as possible. The loss on ignition of the
deferrized ash may not exceed 6 m %, determined according to the EAWAG V-4002, 1979 method. This standard
does not apply to the fly ash and other residues of the flue gas treatment, with the exception of the fly ash and the
ground waste materials (sawdust, wood shavings) blown into the incineration plant.
§ 2. The ash, fly ash and other residues of the incineration are kept separate in order to enable processing in the best
suitable manner.
§ 3. Intermediate storage of ash, fly ash and other residues takes place in closed containers or in a closed storage
space intended for this purpose.
§ 4. The removal of ash, fly ash and other residues must be performed dust-free. The temperature of the ash, fly ash
and other residues may not exceed 60C on leaving the plant.
§ 5. At regular intervals the ash, fly ash and other residues are removed to a suitable processing plant.
Measurements
Art. 5.2.3.1.8. § 1. All measuring results are kept available for perusal by the officials charged with the supervision.
The procedures, methods and equipment for sampling and measurements are to be approved by the supervisory
authorities. The methods used for sampling and measuring are approved beforehand by a laboratory accredited in the
matter, unless the sampling and measuring is carried out by such a laboratory accredited in the matter. The same
applies for the location of the sampling or the measurement point.
All measurement results shall be recorded, processed and presented in an appropriate fashion in order to enable the
supervisory authority to verify compliance with the permitted operating conditions.
§ 2. All measurement results are included in the annual emission report that is submitted to the Flemish
Environmental Agency (VMM) each year. Another copy of the measurement results is sent to the local authority of
the municipality where the plant is located. The local authority keeps it available for inspection by the public.
Exceeding of standards and disturbances
Art. 5.2.3.1.9. [In the case of the exceeding of standards and disruptions and in abnormal working conditions, the
provisions of articles 5.2.3bis.1.33 and 5.2.3bis.1.34. respectively apply.]
Subsection 5.2.3.2. Hazardous waste incineration plants
Waste acceptance
Art. 5.2.3.2.1. § 1. In a hazardous waste incineration plant only those hazardous wastes can be incinerated that are
indicated explicitly in the environmental licence.
§ 2. If it is not specified in the environmental licence which hazardous waste materials can be incinerated, the
licence is limited to the waste materials indicated in the application for the licence.
§ 3. If the plant is not intended mainly for the incineration of hazardous waste, the following additional information
is indicated in the licence:
- the minimum and maximum mass flows of hazardous wastes;
- the lowest and maximum calorific values;
- the maximum contents of pollutants (PCBs, PCP, chlorine, fluorine, sulphur and heavy metals);
If the environmental licence contains no information about this, the licence is restricted to the information given in
the application.
Art. 5.2.3.2.2. § 1. Prior to accepting waste materials at the incineration plant, the operator must dispose of a
description of the waste materials covering:
- the origin and source of the waste;
- the physical and chemical composition of the waste materials and all information necessary to evaluate the
suitability of these substances for the intended incineration process, based on information including the analysis of
the wastes;
- the hazard characteristics of the waste, the substances with which it cannot be mixed and the precautions to be
taken in handling the waste.
The acceptance on principle takes place on the basis of documents containing the aforementioned information.
§ 2. Prior to accepting the waste at the incineration plant, at least the following reception procedures shall be carried
out by the operator of the plant:
- checking of the required documents;
- verification of the conformity of the delivered waste materials with the written information. If relevant,
representative samples are taken of the waste materials and analysed. The parameters to be analysed are determined
in such a way that a conclusive verification of conformity is ensured. The samples taken to this end are kept for at
least one month after the incineration.
Operation
Art. 5.2.3.2.3. § 1. The storage of the waste materials in anticipation of incineration must take place in accordance
with the conditions that apply for the storage of hazardous waste.
§ 2. All incineration plants shall be equipped and operated in such a way that the gas resulting from the process for
at least two seconds is raised - after the last injection of combustion air, in a controlled and homogenous fashion and
even under the most unfavourable conditions - to a temperature of at least 850 C, as measured near the inner wall of
the combustion chamber and at an oxygen content of at least 6 %. If wastes with a content of more than 1 % of
halogenated organic substances, expressed in chlorine, are incinerated, the temperature had to be raised to at least
1100 C.
If only liquid hazardous waste is incinerated, or a mixture of gaseous substances and solid substances in powdered
form originating from a preliminary thermal treatment of hazardous waste in low-oxygen conditions, and if more
than 50 % of the total amount of heat released is produced by the gases, then the oxygen content after the last
injection of combustion air must be at least 3 %.
§ 3. All waste incineration plants are equipped with burners that are switched on automatically if the temperature of
the combustion gases falls below the temperature indicated in § 2 after the last injection of combustion air. The
burners must also be used during plant start-up and shut-down operations, in order to ensure that the aforementioned
minimum temperature is maintained for as long as unburned waste materials are present in the incinerator. During
start-up and shut-down or when the temperature of the combustion gas falls below the temperature indicated in § 2,
the burners shall not be fed with fuels which can cause higher emissions than those resulting from the burning of gas
oil, liquefied gas or natural gas.
The incineration plant shall be equipped with a system to prevent waste feed:
- at start-up, until the minimum combustion temperature has been reached;
- whenever the minimum combustion temperature is not maintained;
- whenever the continuous measurements show that any emission limit value is exceeded due to disturbances or
failures of the purification devices.
§ 4. Conditions different from those laid down in § 2 and § 3 may be authorised in the environmental licence if
effective techniques are applied in the incinerator or the combustion gas treatment plant. With the implementation of
these techniques, the emission levels of polychlorinated dibenzodioxins (PCDDs) and polychlorinated dibenzofurans
(PCDFs) must be equal to or lower than the levels achieved under the conditions of § 2 and at least all emission limit
values must be met.
Art. 5.2.3.2.4.
Each hazardous waste incineration plant must, while in operation, meet the following requirements:
1. [The carbon monoxide concentration (CO) in the combustion gases may not exceed the following
standards, except during the start-up and shutting down of the installation:
a. a daily average of 50 mg/Nm3;
b. 150 mg/Nm3 for the 10-minute averages, or 100 mg/Nm3 for half-hourly averages]
2. The emission limit values for the concentrations of pollutants in the combustion gases may not exceed:
Emission limit values expressed in mg/Nm3
half-hourly averages
Pollutant daily averages
A B
1. total dust 30 10 10
2. gaseous and vaporous organic substances
20 10 10
expressed in total organic carbon
3. gaseous inorganic chlorides expressed in HCl 60 10 10
4. gaseous inorganic fluorides expressed in HF 4 2 1
5. sulphur dioxide expressed in SO2 200 50 50
400
6. nitrogen oxides (NO×) expressed in NO2 (as hourly average with discontinuous 400
measurements)(1)
[licensed on or
7. heavy metals: (*) [licensed before 1 January 1995 ] after 1 January
1995]
the sum of: cadmium and its
compounds expressed in
cadmium (Cd) and thallium and 0,1 0,05
its compounds expressed in
thallium (Tl)
mercury and its compounds
0,1 0,05
expressed in mercury (Hg);
the sum of:
antimony and its
compounds expressed in 1 0,5
antimony (Sb),
arsenic and its
compounds expressed in
arsenic (As),
lead and its compounds
expressed in lead (Pb),
chromium and its
compounds expressed in
chromium (Cr),
cobalt and its
compounds expressed in
cobalt (Co),
copper and its
compounds expressed in
copper (Cu),
manganese and its
compounds expressed in
manganese (Mn),
nickel and its
compounds expressed in
nickel (Ni),
vanadium and its
compounds expressed in
vanadium (V) and
tin and its compounds,
expressed in tin (Sn):
(*): average values over a sample period of at least 0.5 and at most 8 hours.
(1): in the environmental licence another emission limit value for nitrogen oxides may be enforced if the
environmental licence imposes more stringent conditions for incineration - such as a minimum combustion
temperature higher than 1100 °C, or at higher oxygen content or with a longer residence time - resulting in
the formation of more thermal NOx
3. For the concentration of polychlorinated dibenzodioxins (PCDDs) and polychlorinated dibenzofurans
(PCDFs) expressed in nanograms of dioxin toxic equivalent per Nm3 (ng TEQ/Nm3), [..] none of the
average values measured in a sample period of at least 6 and at most 8 hours may exceed the limit value of
0.1 ng TEQ/Nm3, [..]. [..].
Replaced by Art. 9. Decision 12 December 2003 (O.J. 13 February 2004), date of commencement: 13 February
2004
Art. 5.2.3.2.5.
§ 1. In the case of continuous measurements of the concentrations of pollutants in the flue gases, the emission limit
values are regarded as being complied with if:
1 none of the half-hourly averages in one year exceed the emission limit values set out in column A or if 97 % of
all half-hourly averages in one year do not exceed the emission limit values set out in column B;
2 none of the daily averages exceed the emission limit values set out.
[§ 1bis. The emission limit values for CO shall be deemed to be complied with if:
1. 97 % of the daily averages over the year are not higher than the emission limit value for the daily average
and
2. or at least 95% of all 10-minute averages, or all of half-hourly averages during a random period of 24 hours
suffice with regard to the respective emission limit values.]
§ 2. In the case of discontinuous measurements of the concentrations of pollutants in the flue gases the emission
limit values are considered to be complied with if none of the average values over the sampling period exceed the
emission limit values set out in column A or the daily averages.
§ 1bis. added by Art. 10. Decision 12 December 2003 (O.J. 13 February 2004), date of commencement: 13 February
2004
Art. 5.2.3.2.6. § 1. The following measurements are made at the operator's initiative and expense:
1. [concentrations of specific substances in flue gases:
a. to be measured continually and recorded: the total concentrations of dust, CO, HCl, HF, SO 2 and
organic substances;
b. at least twice a year: the concentration of NOx
c. at least two measurements per year and during the first twelve months of operation:
1. the concentrations of heavy metals;
2. the concentration of dioxins and furans]
d. [supplementary to c) from 1 January 2004 dioxins and furans must be sampled in a continuous
way with analyses at least every two weeks. The report of the results of the measurements must be
submitted the supervisory authority within a month of the end of the sampling period. For
continuous sampling a threshold of 0.1 ng TEQ/Nm3 applies. On the request of the operator and on
the basis of an evaluation report from the supervisory authority, the licensing authority can then
include in the environmental licence that the continuous samplingcan be ended or the sampling
and/or analysis frequency can be reduced. A minimum condition for granting this permission is
that no emission limit values were exceeded in the previous year for dioxins and furans (with
periodic measurements) or the threshold (with continuous sampling).]
2. process operation parameters:
a. to be measured continually and recorded: the temperature and the oxygen content of the exhaust
gases in the zone where the stipulated minimum conditions as regards temperature, oxygen content
and residence time are met. For technical reasons the oxygen content can be measured and
recorded as close as possible to the aforementioned zone, in a representative measurement point;
b. the time during which the combustion gases remain at the minimum temperature of 850C, or
1100C respectively, must be verified in an appropriate fashion under the most unfavourable
operating conditions and at least once when the incineration plant is first brought into operation.
[..]
c. to be measured continually and recorded: the oxygen content, temperature, flow rate and water
vapour content of the flue gases.
§ 2. The continuous measurement of HF may be omitted if treatment stages for HCl are used which ensure that the
emission limit value is not being exceeded. In this case the emissions of HF are subject to periodic measurement.
The continuous measurement of the water vapour content is not required if the sampled flue gases are dried before
the emissions are analysed.
§ 3. Measurements of the pollutants specified may be unnecessary if the licence only permits the incineration of
hazardous waste which for the pollutants in question cannot result in average values in excess of 10 % of the
stipulated emission limit values. These exceptions must be indicated and explained in the application for the
environmental licence and are included in the environmental licence.
Replaced by Art. 5 Decree 20 May 2001 (O.J. 10 July 2001)
1°, d) added by Art. 11. Decision 12 December 2003 (O.J. 13 February 2004), date of commencement: 13 February
2004
2°, b) rescinded by Art. 12. Decision 12 December 2003 (O.J. 13 February 2004), date of commencement: 13
February 2004
Subsection 5.2.3.3. Household waste incineration plants
Waste acceptance
Art. 5.2.3.3.1. The provisions of this subsection are applicable to installations classified according to headings
2.3.4.1, e), f), g), j), l) and m).
Article added by Art. 13. Decision 12 December 2003 (O.J. 13 February 2004), date of commencement: 13 February
2004
Art. 5.2.3.3.1bis. § 1. In a household waste incineration plant the following non-hazardous wastes can be
incinerated, insofar as they have been explicitly indicated in the environmental licence.
1 household wastes;
2 waste materials equated with household wastes;
3 industrial wastes comparable to household wastes because of their nature and composition;
4 solid non-hazardous medical waste;
5 other waste materials.
§ 2. If it is not specified in the environmental licence which waste materials can be incinerated, the licence is limited
to the waste materials indicated in the application for the licence.
Operation
Art. 5.2.3.3.2. § 1. Waste materials may not be stored outside the covered treatment or storage space intended for
this purpose. The size of the storage space is designed for a quantity of waste corresponding to at least 48 hours of
plant operation.
§ 2. The storage space for the delivered wastes is protected in such a way that accidents during the unloading of
waste are avoided.
§ 3. To prevent the odour emission and other nuisance, long storage periods for all or part of the waste in the storage
space are avoided. Operational management and downtime for repairs and maintenance are taken into account.
§ 4. The walls of the storage space are built in such a way that the deposition of dust and waste is prevented.
Moreover, the storage space is constructed in such a way that it can be emptied fully mechanically. It is equipped
with water drainage facilities.
§ 5. An underpressure is maintained in the storage space, to reduce the risk of emissions to the surrounding area. The
air for incineration is taken from this storage space. Proper ventilation of the storage space is ensured.
§ 6. For incineration plants where household wastes are burned, the number of discharging quays must be sufficient
to also enable the delivery of wastes during peak hours. Only the discharging quays required for the delivery of
waste may be left open.
§ 7. The feeding system is conceived in such a way that regular and even feeding is ensured.
Art. 5.2.3.3.3. § 1. All household waste incineration plants shall be equipped and operated in such a way that the gas
resulting from the process for at least two seconds is raised - after the last injection of combustion air, in a controlled
and homogenous fashion and even under the most unfavourable conditions - to a temperature of at least 850 C, as
measured near the inner wall of the combustion chamber and at an oxygen content of at least 6 %. Temperature level
and oxygen content are minimum conditions which must be fulfilled permanently while the plant is in operation.
§ 2. All household waste incineration plants are equipped with burners. These burners must be switched on
automatically when the temperature of the combustion gases after the last injection of combustion air falls below the
temperature specified in § 1. The burners must also be used during plant start-up and shut-down operations, in order
to ensure that the aforementioned minimum temperature is maintained for as long as unburned waste materials are
present in the incinerator. During start-up and shut-down or when the temperature of the combustion gas falls below
the temperature indicated in § 1, the burners shall not be fed with fuels which can cause higher emissions than those
resulting from the burning of gas oil, liquefied gas or natural gas.
The incineration plant shall be equipped with a system to prevent waste feed:
- at start-up, until the minimum combustion temperature has been reached;
- whenever the minimum combustion temperature is not maintained;
- whenever the continuous measurements show that any emission limit value is exceeded due to disturbances or
failures of the purification devices.
§ 3. Conditions different from those enforced in § 1 and § 2 may be authorised in the environmental licence if
effective techniques are applied in the incinerator or the combustion gas treatment plant. With the implementation of
these techniques, the emission levels of polychlorinated dibenzodioxins (PCDDs) and polychlorinated dibenzofurans
(PCDFs) must be equal to or lower than the levels achieved under the conditions of § 1 and at least all emission limit
values must be met.
Art. 5.2.3.3.4. Each household waste incineration plant must, while in operation, meet the following requirements:
1. [The carbon monoxide concentration (CO) in the combustion gases may not exceed the following
standards, except during the start-up and shutting down of the installation:
a. a daily average of 50 mg/Nm3 combustion gas;
b. 150 mg/Nm3 combustion gas for 10-minutes average values, or 100 mg/Nm3 for half-hourly
averages]
2. The emission limit values for the daily average concentrations of pollutants in the flue gases may not
exceed:
Emission limit values expressed in mg/Nm3 according to the incineration plant's nominal capacity
less than over 1
30
Pollutant from 1 tonne/hour to 30
tonnes/hour
tonne/hour tonnes/hour
1. total dust 100 30 10
2. gaseous and vaporous organic substances expressed in total
20 20 10
organic carbon:
3. gaseous inorganic chlorides expressed in HCl 100 50 10
4. gaseous inorganic fluorides expressed in HF: 4 2 1
5. sulphur dioxide expressed in SO2: 300 300 50
6. nitrogen oxides (NOx) expressed in NO2: 400 400 400
7. heavy metals: (*)
the sum of: cadmium and its compounds
expressed in cadmium (Cd) and thallium and its 0,2 0,1 0,05
compounds expressed in thallium (Tl):
mercury and its compounds expressed in mercury
0,2 0,1 0,05
(Hg):
the sum of:
antimony and its compounds expressed
in antimony (Sb),
5 1,5 0,5
arsenic and its compounds expressed in
arsenic (As),
lead and its compounds expressed in
lead (Pb),
chromium and its compounds expressed
in chromium (Cr),
cobalt and its compounds expressed in
cobalt (Co),
copper and its compounds expressed in
copper (Cu),
manganese and its compounds expressed
in manganese (Mn),
nickel and its compounds expressed in
nickel (Ni),
vanadium and its compounds expressed
in vanadium (V) and
tin and its compounds expressed in tin
(Sn):
(*): average values over a sample period of at least 0.5 and at most 8 hours.
3. [For the concentration of polychlorinated dibenzodioxins (PCDD’s) and polychlorinated dibenzofurans
(PCDF’s) (expressed in nanograms of dioxin toxic equivalent per Nm3 (ng TEQ/Nm3) all average values
measured in a sample period of at least six and at most eight hours may not be higher than 0.1 ng
TEQ/Nm3]
4. with normal operations no precipitation of water drops from the flue gases may occur in the surrounding
area.
Amended by Art. 14. Decision 12 December 2003 (O.J. 13 February 2004), date of commencement: 13 February
2004
Art. 5.2.3.3.5. § 1. [The emission limit values for CO shall be deemed to be complied with if:
1. 97 % of the daily averages over the year are not higher than the emission limit value for the daily average
and
2. or at least 95% of all 10-minute averages, or all of half-hourly averages during a random period of 24 hours
suffice with regard to the respective emission limit values.]
§ 2. In the case of continuous measurements of the concentrations of the pollutants in the flue gases:
1 the seven-day moving average of the concentrations measured for these substances may under no circumstances
exceed the relevant limit value;
2 the daily average of the concentrations measured for these substances may under no circumstances exceed the
relevant limit value by more than 30 %.
§ 3. In the case of discontinuous measurements of the concentrations of pollutants in the flue gases the emission
limit values are considered to be complied with if none of the average values over the sampling period exceed the
enforced emission limit values .
§1 replaced by Art. 15. Decision 12 December 2003 (O.J. 13 February 2004), date of commencement: 13 February
2004
Art. 5.2.3.3.6. § 1. The following measurements are made at the operator's initiative and expense:
1. the concentrations of specific substances in the flue gases:
a. to be measured continually and recorded: concentrations of total dust, CO and HCl for plants with
a nominal capacity of at least 1 tonne/hour;
b. to be measured at least every six months:
concentrations of heavy metals, HF, SO2 and NOx for plants with a nominal capacity of at
least 1 tonne/hour;
concentrations of gaseous and vaporous organic compounds, (expressed in total carbon);
concentrations of total dust, HCl and CO for plants with a nominal capacity of less than 1
tonne/hour;
c. at least once per year:
the concentration of dioxins and furans;
d. [Supplementary to c) dioxins and furans must be sampled continuously with at least fortnightly
analyses; for the measurement results obtained a threshold of 0.1 ng TEQ/m3 applies. Except for
incineration installations for household wastes the licensing authority can, at the request of the
operator and on the basis of an evaluation report from the supervisory authority, include in the
environmental licence that continuous sampling can be ended or the sampling and/or analysis
frequency can be reduced. A minimum condition for granting the permission is that no emission
limit values for dioxins and furans were being exceeded in the previous year (with periodic
measurements) and neither were the threshold values (with continuous sampling).]
2. process operation parameters:
a. to be measured continually and recorded: the temperature and the oxygen content of the exhaust
gases in the zone where the stipulated minimum conditions as regards temperature, oxygen content
and residence time are met. For technical reasons the oxygen content can be measured and
recorded as close as possible to the aforementioned zone, in a representative measurement point;
b. the time during which the combustion gases remain at the minimum temperature of 850°C must be
verified in an appropriate fashion under the most unfavourable operating conditions and at least
once when the incineration plant is first brought into operation. [..]
c. to be measured continuously or periodically according to the capacity of the plant, and recorded:
oxygen content, temperature, pressure and water vapour content in the flue gases.
§ 2. The measurement of the water vapour content is not required if the sampled flue gases are dried before the
emissions are analysed.
§ 3. Measurements of the pollutants specified may be unnecessary if the licence only permits the incineration of
waste which for the pollutants in question cannot result in average values in excess of 10 % of the stipulated
emission limit values. These exceptions must be indicated and explained in the application for the environmental
licence and are included in the environmental licence.
Amended by Art. 14. Decision 12 December 2003 (O.J. 13 February 2004), date of commencement: 13 February
2004
Art. 5.2.3.3.7 § 1. Not later than 1 December 1995 existing household waste incineration plants with a nominal
capacity of at least 6 tonnes of waste per hour must meet the conditions for new household waste incineration plants
as determined in subsections 5.2.3.1 and 5.2.3.3. with the exception of article 5.2.3.3.4. 3°, of which the provisions
apply to existing plants.
§ 2. Existing household waste incineration plants with a nominal capacity of less than 6 tonnes of waste per hour
must:
1° not later than 1 December 1995 meet the conditions for new household waste incineration plants as determined in
subsections 5.2.3.1. and 5.2.3.3., with the exception of article 5.2.3.3.4. 3°, of which the provisions apply to existing
plants and with the exception of the emission limit value for dust specified in article 5.2.3.3.1., instead of which the
following emission limit value applies:
Emission limit value in mg/m3 according to the incineration plant's nominal capacity
Pollutant: 1 tonne of waste per hourfrom 1 to 6 tonnes of waste per hour
total dust (1)250100
1. For plants with a capacity of less than 1 tonne per hour the emission limit values may relate to an oxygen
content of 17%. In this case the concentrations may not exceed the value indicated divided by 2.5.
2° not later than 1 January 1999 meet the conditions for new household waste incineration plants as determined in
subsections 5.2.3.1 and 5.2.3.3., with the exception of article 5.2.3.3.4. 3°, of which the provisions apply to existing
plants.
Subsection 5.2.3.4. Wood waste incineration plants
Waste acceptance
Art. 5.2.3.4.1. § 1. For incineration plants where waste of wood not treated with toxic products is burned, the same
conditions apply as for household waste incineration plants.
§ 2. For incineration plants where hazardous wood waste is burned, the same conditions apply as for hazardous
waste incineration plants.
Art. 5.2.3.4.2. § 1. In a wood waste incineration plant only waste from untreated wood and wood waste comparable
with waste from untreated wood can be burned.
§ 2. If it is not specified in the environmental licence which waste materials can be incinerated, the licence is limited
to the waste materials indicated in the application for the licence.
Operation
Art. 5.2.3.4.3. § 1. Waste materials that may give rise to dust formation are to be stored in a closed storage space.
§ 2. The storage space is equipped with the necessary provisions to counteract the spreading of dust inside and
outside the plant.
§ 3. The feeding system is conceived in such a way that regular and even feeding is ensured.
Art. 5.2.3.4.4. Each wood waste incineration plant with a nominal capacity of less than 1 tonne of waste materials
per hour must, while in operation, fulfil the following conditions:
1 the emission limit values of carbon monoxide (CO) concentrations in the combustion gases may not exceed 100
mg/Nm3;
2 the total dust particles concentration in the combustion gases may not exceed:
- for new establishments: 200 mg/Nm3
- for existing establishments: 250 mg/Nm3;
the emission limit value for existing plants applies for a transitional period which ends on 1 December 2000.
3 the opacity (as grey value) of the flue gases at the chimney mouth, measured in the monitoring openings, may not
exceed 1 on the Ringelmann Scale during normal operations and 2 for a period of 15 minutes during start-up.
4 with normal operations no precipitation of water drops from the flue gases may occur in the surrounding area.
Art. 5.2.3.4.5. § 1. For wood waste incineration plants with a nominal capacity of less than 1 tonne per hour, at the
operator's initiative and expense at least once every year the following measurements are made:
- the opacity of the smoke and the concentrations of total dust and CO;
§ 2. The emission limit values are considered to be complied with if none of the series of measurements exceed the
emission limit values.
§ 3. As regards emission limit values, measurements to be made and frequency of the measurements, incineration
plants with a [nominal capacity of 1 ton or more than 1 ton of wood waste per hour] must meet the same conditions
as household waste incineration plants. Subject to the approval of the supervisory authority, further parameter
measurements to be made can be restricted on the basis of a full flue gas analysis.
Words replaced in §3 by Art. 18. by Art. 15. Decision 28 November 2003 (O.J. 13 February 2004), date of
commencement: 1 April 2004
Subsection 5.2.3.5. Incineration plants for consumed oil to be used as fuel
Art. 5.2.3.5.1. § 1. The following conditions hold for incineration plants burning consumed oil to be used as fuel of
which the composition fulfils the criteria laid down in the requirements for establishments for the storage and
processing of consumed oil.
§ 2. As a derogation from § 1, for consumed oil incineration plants with a nominal thermal input of over 10 MW
based on the lower heating value (LHV), the conditions for the hazardous waste incineration plants apply.
§ 3. For incineration plants burning consumed oil of which the composition does not fulfil the criteria laid down in
the requirements for establishments for the storage and processing of consumed oil, the conditions for hazardous
waste incineration plants apply.
Waste acceptance
Art. 5.2.3.5.2. In an incineration plant for consumed oil to be used as fuel, only consumed oil may be accepted of
which the composition satisfies the criteria laid down in the conditions for establishments for the storage and
processing of consumed oil.
Operation
Art. 5.2.3.5.3. The container for the storage of consumed oil - including the ducts - meets the requirements that
apply for the storage of consumed oil.
Art. 5.2.3.5.4. The consumed oil must be preheated prior to the start of the incineration process. The necessary
combustion air must be fed in mechanically.
Art. 5.2.3.5.5. Each consumed oil incineration plant must, while in operation, meet the following requirements:
1 the emission limit values of carbon monoxide (CO) concentrations in the combustion gases may not exceed 100
mg/Nm3;
2 the emission limit values for the concentrations of pollutants in the combustion gases may not exceed:
Emission limit values in mg/Nm3 according to the thermal input of the incineration plant based on the lower heating value
Pollutantless than 3 MW3 MW to 10 MW
1. total dust200100
2. gaseous and vaporous organic
substances expressed in total organic
carbon:2020
3. gaseous and vaporous chlorides
expressed in HCl:100100
4. gaseous and vaporous fluorides
expressed in HF:55
5. sulphur dioxide expressed in SO2:300300
6. heavy metals:
cadmium (Cd) 0.5
nickel (Ni) 1
sum of chromium (Cr), copper (Cu) and vanadium (V) = sum 101.5
lead (Pb) 5
3 with normal operations no precipitation of water drops from the flue gases may occur in the surrounding area.
Art. 5.2.3.5.6. In the case of discontinuous measurements of the concentrations of pollutants in the flue gases the
emission limit values are considered to be complied with if none of the average values over the sampling period
exceed the enforced emission limit values.
Art. 5.2.3.5.7. § 1. The following measurements are made at the operator's initiative and expense:
a) to be measured at least every six months: total dust and CO concentrations for plants with a thermal input of 3
MW and more;
b) to be measured at least once per year:
- total dust particles and CO concentrations for plants with a thermal input of less than 3 MW;
- concentrations of gaseous and vaporous organic compounds, (aggregated and expressed in total carbon).
§ 2. Subject to the approval of the supervisory authority, further parameter measurements to be made can be
restricted on the basis of a full flue gas analysis.
Subsection 5.2.3.6. Incineration plants for hazardous medical waste and for liquid and paste-like non-
hazardous medical waste
Art. 5.2.3.6.1. § 1. An incineration plant for hazardous medical waste and for liquid and paste-like non-hazardous
medical waste must meet the conditions indicated in subsection 5.2.3.2. Hazardous waste incineration plants, with
the exception of article 5.2.3.2.3. § 1 and subject to compliance with the following additional conditions.
§ 2. In an incineration plant for hazardous medical waste and for liquid and paste-like non-hazardous medical waste,
solid non-hazardous medical waste can also be incinerated. However, priority should be given to the hazardous
medical waste and the liquid and paste-like non-hazardous medical waste.
Art. 5.2.3.6.2. § 1. During disposal, any manual handling of the receptacles containing hazardous medical waste or
liquid and paste-like non-hazardous medical waste must be kept to a minimum.
§ 2. The receptacles containing hazardous medical waste or liquid and paste-like non-hazardous medical waste must
be transported directly into the furnace using a mechanical system.
§ 3. The operator of the incineration plant shall draw up clear, written guidelines for the elimination of hazardous
medical waste and liquid and paste-like non-hazardous medical waste and shall make these guidelines available to
the personnel and the supervisory official. These guidelines must always be retained in a clearly visible and
designated location.
Section 5.2.3bis
Incineration installations for waste materials
Subsection 5.2.3bis.1.
General conditions for incineration and incineration installations using waste as fuel
Art. 5.2.3bis.1.1. This subsection is applicable to installations classified according to following headings:
1. 2.3.4.1.b,c,e,f,g,h,j,k,l,m;
2. 2.3.4.2.b,c,d,e,f,g;
3. 2.3.5.
ACCEPTANCE AND RECEIPT OF THE WASTE MATERIALS
Art. 5.2.3bis.1.2. On the delivery and receipt of waste materials, the operator of an incineration installation or
incineration installation where waste is also used as a fuel takes all the necessary precautionary measures to prevent
or restrict to the extent possible all harmful consequences for the environment, in particular the pollution of air, soil,
surface water and groundwater as well as odour nuisance and noise pollution, and direct risks to public health.
Art. 5.2.3bis.1.3.
§ 1. In an incineration installation or incineration installation where waste is also used as a fuel, only the waste
materials explicitly mentioned in the environmental licence may be incinerated or incinerated with use as a fuel.
§ 2. If the environmental licence does not determine which waste materials may be incinerated or used as fuel, the
licence is restricted to the waste materials mentioned in the licence application.
§ 3. The licence is restricted to the information mentioned in the licence application if no information is mentioned
on the following in the environmental licence for incineration where waste is also used as a fuel for hazardous waste
materials:
1. the minimum and maximum flows of the waste materials;
2. the lowest and the highest calorific value of the waste materials;
3. the maximum levels of pollutants (PCB’s, PCP, chloride, fluorine, sulphur and heavy metals) in the waste
materials.
Art. 5.2.3bis.1.4.
§ 1. Before waste materials are received at the incineration installation or incineration installation where waste is
also used as a fuel, the operator of the installation at least follows the following reception procedures:
1. control of the required documents;
2. control 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 hazardous waste materials can be accepted at the incineration installation or incineration installation
where waste is also used as a fuel, the operator must also have a description of the waste materials in which the
following information is mentioned:
1. the source and the origin of the waste material;
2. the physical and chemical composition of the waste materials, as well as all information needed to evaluate
the suitability of the substances for the intended incineration process based on aspects including the
analysis of the waste materials;
3. the hazardous properties of the waste materials, the substances with which they may not be mixed and the
precautionary measures to be taken when treating the waste;
Acceptance takes place on the basis of documents that contain the abovementioned information.
Art. 5.2.3bis.1.5. The operator establishes the weight of each waste category per load, and if possible also the
category in accordance with the waste materials list before the waste is received at the incineration installation or
incineration installation with waste used as fuel.
Art. 5.2.3bis.1.6. Variations from article 5.2.3bis.1.4 and 1.5 are allowed in an environmental licence for industrial
installations and companies which only incinerate the waste materials produced by themselves or incinerate with
waste also used as fuel at the place where they were produced, provided that this is in compliance with the
conditions in this section.
OPERATION
Art. 5.2.3bis.1.7. The locations of incineration installations and incineration installations also using waste as a fuel,
with the associated land for the storage of waste, are designed and operated in such a way that the unlawful or
accidental released of pollutants into the soil, surface water and groundwater is prevented.
Art. 5.2.3bis.1.8.
§ 1. Unless specified otherwise in the environmental licence, the waste materials may not be stored outside the
covered storage space intended for this purpose. The storage space is protected to such an extent that accidents
during the unloading of the waste material are excluded.
§ 2. For incineration installations where waste is stored in bulk, the size of the storage space is calculated for a
quantity of waste materials that corresponds to at least forty-eight operating hours of the installation to guarantee
continuous operation. To prevent odour emissions and other nuisance, too long storage periods for all or of a part of
the waste materials in the storage space are to be avoided. Account is taken of operational management and the
downtime for repairs and maintenance.
The storage space is kept at underpressure with respect to the atmosphere outside. To achieve this, the combustion
air is drawn in from the storage space. The good ventilation of this space is to be ensured.
The walls of the storage space are to be such that the settling of dust and waste is avoided. The storage space is also
to be constructed so that it can be completely emptied mechanically. It is to be provided with water drainage
facilities.
§ 3. At household waste incineration installations the number of unloading areas must also be sufficient to
accommodate the delivery of waste materials during peak hours. Only gates required for the delivery of waste
materials may be open.
§ 4. Hazardous waste materials must be stored in anticipation of incineration in accordance with the conditions of
subsection 5.2.2.5.
Art. 5.2.3bis.1.9.
§ 1. The incineration installation or incineration installation where waste is also used as a fuel is designed, equipped,
built and operated in such a way that the waste materials are always incinerated as uniformly and completely as
possible and emissions are minimal. If necessary, the waste materials undergo preliminary treatment, and in the case
of heterogeneous waste materials they are mixed and made as homogenous as possible.
§ 2. Unless specified otherwise in the environmental licence, continuous operation is compulsory for incineration
installations, with the exception of periods for checking or maintenance and stoppage periods. The feeding of the
furnace takes place in the safest of circumstances. The filler opening is hermetically sealed when the oven is not
being filled. The vacuum in the oven is in such that the escaping of flue gases through the filler opening is not
possible, also not during filling.. The feed mechanism to the installation is conceived in such a way that an even
supply is guaranteed.
Art. 5.2.3bis.1.10. Risk-entailing medical waste must be directly introduced in the oven in the specified receptacles,
meaning without them first being mixed with waste materials of other categories.
Art. 5.2.3bis.1.11.
§ 1. The incineration installations are operated in such a way that an incineration level is achieved where the total
quantity of organic carbon (TOC) originating from the decomposition of organic substances in the deferrized slag
and the deferrized bottom ash amounts to less than 3 %, or where the loss due to burning as a result of the
decomposition of organic substances in the deferrized slag and bottom ash amounts to less than 5% of the dry
weight of the material, in conformity with the compendium for sampling and analysis as approved by ministerial
order.
§ 2. The incineration installations are designed, equipped, built and operated in such a way that even in the most
unfavourable circumstances the gas originating due to the process after the last supply of combustion air is heated in
a controlled and homogenous 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.
If hazardous waste with a level of over 1 % halogenated organic substances expressed in chloride is incinerated, the
temperature must be increased in such a way that the gases originating are heated for at least two seconds to 1,100
°C .
§ 3. Each incinerator line at the incinerator is fitted with at least one burner that is automatically switched on when
the temperature of the combustion gases after the last injection of combustion air falls below the temperature
specified in § 2. The burners must also be used with the start-up and shutting down of the installation in order to
ensure that the above-mentioned minimum temperature is maintained for as long as unincinerated waste material is
still located in the combustion chamber. During start-up and shutting down or when the temperature of the
combustion gas falls to below the temperature specified in § 2, no fuels may be fed to the burners that can cause
higher emissions than those originating with the burning of liquefied gas, natural gas or gas oil, as described in the
Royal Decree of 7 March 2001 concerning the naming, properties and sulphur content of gas oil for heating.
§ 4. Incineration installations where waste materials are also used as fuels are designed, equipped, built and operated
in such a way that even in the most unfavourable circumstances, the gas originating due to incineration with waste
used as fuel is heated for two seconds in a controlled and homogenous way to a temperature of 850 °C. If hazardous
waste with a level of over 1 % halogenated organic substances expressed in chloride is incinerated with waste
materials used as a fuel, the temperature must be increased in such a way that the gases originating are heated for at
least two seconds to 1,100 °C.
§ 5. The incineration installation or incineration installation where waste is also used as a fuel is fitted with and
makes use of an automatic system with which the supply of waste materials is prevented:
1. at start-up until the required combustion temperature of 850 °C or, depending to of the case, 1,100 °C is
achieved;
2. when the required combustion temperature of 850 °C or, depending to of the case, 1,100° C is not
maintained;
3. when continuous measurements show that an emission limit value is exceeded as a result of disruptions or
defects to the cleaning installations.
§ 6. The environmental licence can allow variations from § 1 up to and including § 4, and the temperature in § 5 for
certain thermal processes or certain categories of waste on the condition that effective techniques are applied in the
ovens for incineration or incineration with waste as a fuel or in the installation for the treatment of the combustion
gases. With the application of these techniques, the emission levels of dioxins and furans must correspond with or be
lower than the levels achieved under the conditions of § 2 or § 4, they must at least suffice with regard to all the
emission limit values, and no more residues with a higher level of pollutants may be produced than is to be expected
under the conditions specified in § 1 up to and including § 4.
Art. 5.2.3bis.1.12. The heat created by incineration or incineration with waste materials also used as a fuel is used
for useful purposes to the extent possible according to the best available techniques.
CHIMNEY STACK HEIGHT AND FLUE GAS EMISSIONS
Art. 5.2.3bis.1.13.
§ 1. Incineration installations or incineration installations where waste materials are also used as fuels are designed,
equipped, built and operated in such a way that emissions to the air which could result in significant air pollution at
ground level are avoided.
§ 2. The flue gases are discharged through a chimney stack in a controlled manner.
§ 3. The chimney stack height is calculated in such a way that the health of people and the environment are
protected from danger. The operator calculates the chimney stack height according to the general chimney stack
height calculation method mentioned in appendix 4.4.1 or according to an equivalent system. The minimum or
maximum chimney stack height can be specified in the environmental licence.
§ 4. The chimney stack and the drainage channels are fitted with monitoring openings and a monitoring platform in
accordance with standard NBN T95-001 or an equivalent standard. The monitoring openings have a diameter of at
least 12 cm.
§ 5. The operator takes the necessary steps to record the actual flow rate of the flue gases discharged by the chimney
stack. The actual flow rate of the flue gases is the flow rate without any diluting air.
§ 6. The calculation of the chimney stack height and the flow rate data are kept available for the supervisory official.
EMISSIONS INTO THE AIR: CONDITIONS FOR INCINERATION INSTALLATIONS
Art. 5.2.3bis.1.14.
§ 1. The emission limit values for substances discharged in the air always relate to the following conditions :
temperature 273°K, pressure 101.3 kPa, oxygen level 11 %, dry gas. For the incineration of waste oil: temperature
273°K, pressure 101.3 kPa, oxygen level 3 %, dry gas. All measurement results are always recalculated on the basis
of these conditions.
§ 2. If waste materials are incinerated in an atmosphere enriched with oxygen, the measurement results may be
converted to an oxygen level set in the environmental licence that reflects the exceptional circumstances of the
individual case.
§ 3. Conversion for the oxygen levels mentioned in § 1 and § 2 takes place only if the oxygen level measured in the
same period as the polluting substance in question is higher than the relevant standard oxygen level. As a variation
from this, for existing grate ovens the conversion is always to 11%, irrespective of the oxygen level measured.
Art. 5.2.3bis.1.15. Each incinerator for waste materials must meet the following conditions if it is in operation:
1. the following emission limit values apply for CO (except during the start-up and shutting down of the
installation):
a. a daily average of 50 mg/Nm3 combustion gas;
b. 150 mg/Nm3 combustion gas for the determining of ten minutes-average values, or 100 mg/Nm3
for determining half-hourly averages.
The environmental licence can stipulate different emission limit values for incineration installations using
fluidized bed technology, providing that in the licence an emission limit value for carbon monoxide (CO) is
determined that does not exceed an hourly average of 100 mg/Nm3 .
2. the following emission limit values apply:
Emission limit values in mg/Nm3
Half- Daily
hourly average
averages s
A B
Polluting substance (100 (97 100 %
%) %)
1. total dust particles 30 10 10
2. gaseous and volatile organic compounds, expressed in total organic carbon 20 10 10
3. gaseous inorganic chlorides, expressed in HCl 60 10 10
4. gaseous inorganic fluorides, expressed in HF 4 2 1
5. sulphur dioxide, expressed in SO2 200 50 50
6. nitrogen oxides (NOx), expressed in NO2
for existing incineration installations with a nominal capacity of 6 - - 400
tons/hour or less
for existing incineration installations with a nominal capacity of over 6
tons/hour and for new incineration installations of 6 tons/hour or less 400 200 200
than
for new incineration installations with a nominal capacity of over 6
400 200 150
tons/hour (x)
(x)
For new incineration installations with a nominal capacity of over 6 tons/hour, an emission limit value
for NOx of 125 mg/Nm3 as an annual average also applies. If an environmental licence was issued for a new
incinerator before 28 December 2002, the emission limit values for NO x determined in the environmental
licence apply, where the daily average may not exceed 200 mg/Nm3.
If the installation only incinerates hazardous waste materials, more stringent incineration conditions can be
imposed in the environmental licence that give rise to more thermal NO x, namely a minimum combustion
temperature higher than 1,100 °C, a higher oxygen concentration or a longer standing time. The
environmental licence can be less stringent regarding the emission limit value for NO x, without a maximum
of 400 mg/Nm3 as a daily average being exceeded.
3. the following emission limit values apply as average values calculated over a sampling period of at least
thirty minutes and a maximum of 8 hours:
Emission limit values in mg/Nm3
(*)
heavy metals (100 %)
the sum of:
cadmium and its compounds, expressed in cadmium (Cd) 0,05
thallium and its compounds, expressed in thallium (Tl)
mercury and its compounds, expressed in mercury (Hg) 0,05
the sum of: antimony and its compounds, expressed in antimony (Sb),
arsenic and its compounds, expressed in arsenic (As)
lead and its compounds, expressed in lead (Pb)
chromium and its compounds, expressed in chrome (Cr)
cobalt and its compounds, expressed in cobalt (Co)
0,5
copper and its compounds, expressed in copper (Cu)
manganese and its compounds, expressed in manganese (Mn)
nickel and its compounds, expressed in nickel (Ni)
vanadium and its compounds, expressed in vanadium (V)
tin and its compounds, expressed in tin (Sn)
(*)
These average values include both the particulate and the gaseous and vaporous emissions of the heavy
metals in question and their compounds.
4. 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 6 hours and a maximum of eight
hours. The emission limit value concerns the total concentration of dioxins and furans, calculated on the
basis of the ’toxic equivalence’.
For the continuous sampling of dioxins and furans a threshold value of 0.1 ng TEQ/m3 applies.
EMISSIONS INTO THE AIR: CONDITIONS FOR INCINERATION INSTALLATIONS WHERE WASTE
MATERIALS ARE ALSO USED AS FUELS
Art. 5.2.3bis.1.16.
§ 1. The emission limit values for substances discharged in the air relate to the following conditions: temperature
273°K, pressure 101.3 kPa, oxygen level as determined in article 5.2.3bis.1.19 up to and including 1.22, dry gas. All
measurement results are recalculated on the basis of these conditions.
§ 2. If waste materials are incinerated in an atmosphere enriched with oxygen, the measurement results may be
converted to an oxygen level set in the environmental licence that reflects the exceptional circumstances of the
individual case.
§ 3. Conversion for the oxygen levels mentioned in § 1 and § 2 takes place only if the oxygen level measured in the
same period as the polluting substance in question is higher than the relevant standard oxygen level.
Art. 5.2.3bis.1.17.
§ 1. If untreated unsorted household waste or comparable industrial waste is incinerated in an installation where
waste is also used as a fuel, the emission limit values for incineration installations apply.
§ 2. If at an installation where waste is also used as a fuel more than 40 % of the heat released originates from
hazardous waste materials, the emission limit values for incinerators apply.
Art. 5.2.3bis.1.18.
§ 1. If article 5.2.3bis.1.17 is not applicable, each installation where waste is also used as a fuel that is operating
must comply with the emission limit values as described in article 5.2.3bis 1.19 up to 1.22.
§ 2. The calculated emission limit values are applicable from the first time of incineration with waste used as fuel,
and then remain applicable even if no waste materials are also used as fuel.
Art. 5.2.3bis.1.19. If a specific total emission limit value "Ctotal" is not included in a table of article 5.2.3bis.1.20,
1.21 or 1.22, the formula below (mixing rule) must be applied.
The emission limit value for each polluting substance listed in article 5.2.3bis 1.15, and for carbon monoxide in flue
gas that originates when waste is used as fuel is calculated as follows:
where:
Vafvalstoffen= Vwaste materials: flue gas volume as a result of the incineration of waste materials (determined on the basis of
the waste material with the lowest calorific value) and depending on the case standardised to the conditions
mentioned in article 5.2.3bis.1.16.
If the heat released with the incineration of waste materials amounts to less than 10 % of the total heat released in
the installation, Vwaste material must be calculated on the basis of a (theoretical) quantity of waste materials that
would cause 10% of the heat released with incineration.
Cafvalstoffen= Cwaste materials: emission limit values applying for incineration installations as mentioned in article
5.2.3bis.1.15.
Vproces= Vprocess: the flue gas volume as a result of the process in the installation, including the incineration of the
permitted normal fuels used in the installation (not waste materials), determined on the basis of the oxygen level to
which the emission must be standardised according to the prevailingregulations. If no conditions for the installation
exist, the actual oxygen level in the flue gas without dilution with the addition of air not needed for the incineration
process must be used.
Vproces= Cprocess: the emission limit values set in article 5.2.3bis.1.20 up to and including 1.22 for certain industrial
sectors or, if there is no such a value, the emission limit values applying by virtue of this order for installations with
the incineration of normally permitted fuels (no waste materials). In the absence of such values, the emission limit
values specified in the environmental licence are used. If no limit values are mentioned in the environmental licence,
the actual mass concentrations are used. If the emission limit values specified in article 5.2.3bis.1.20 up to and
including 1.22 are more flexible than the emission limit values according to this order for these industrial sectors,
the strictest emission limit values apply for Cprocess.
Ctotaal= Ctotal: the total emission limit value and the oxygen level set the in the tables in article 5.2.3bis.1.20 up to and
including 1.22 for specific industrial sectors or, if there is no such table or value, the total emission limit value that
replaces the above-mentioned emission limit value in the table of article 5.2.3bis.1.20 up to and including 1.22.
The total oxygen level that replaces the oxygen level for conversion is calculated on the basis of the abovementioned
level, taking into account the partial volumes.
Art. 5.2.3bis.1.20. Special conditions apply for cement ovens in which waste materials are used as fuel. The results
of the measurements conducted to check compliance with the emission limit values are converted to the following
conditions: temperature 273°K, pressure 101.3 kPa, oxygen level 10 %, dry gas.
The following emission limit values apply as daily averages:
Pollutant Ctotal (mg/Nm3)
1. total dust particles 30
2. sulphur dioxide, expressed in SO2 50
3. gaseous and volatile organic compounds, expressed in total organic carbon 10
4. gaseous inorganic chlorides, expressed in HCl 10
5. gaseous and inorganic fluorides, expressed in HF 1
6. nitrogen oxide(NOX),expressed in NO2: 800
for existing installations 500
for new installations
7. the sum of: 0,05
cadmium and its compounds, expressed in CD and
thallium and its compounds, expressed in Tl
8. mercury and its compounds, expressed in Hg 0,05
9. the sum of: 0,5
antimony and its compounds, expressed in Sb
arsenic and its compounds, expressed in As
lead and its compounds, expressed in Pb
chromium and its compounds, expressed in Cr
cobalt and its compounds, expressed in Co
copper and its compounds, expressed in Cu
manganese and its compounds, expressed in Mn
nickel and its compounds, expressed in Ni
vanadium and its compounds, expressed in V and
tin and its compounds, expressed in Sn
Pollutant Ctotal(mg/Nm3)
1. total dust particles 30
Pollutant Ctotal(ng TEQ/Nm3)
10. dioxins and furans 0,1
3
For the continuous sampling of dioxins and furans a value of 0.1 ng TEQ/m applies. Half-hourly averages are only
needed for the calculation of the daily averages.
2. the emission limit value for CO is established in the environmental licence.
Art. 5.2.3bis.1.21. Special conditions apply for heating installations in which waste materials are used as fuel, with
the following process emission limit values applying as daily averages:
Half-hourly averages are only needed for the calculation of the daily averages.
Cprocess for solid fuels, expressed in mg/Nm3 (O2 level 6 %):
polluting substance (mg/Nm3) < 50 MWth 50 tot 100 MWth 100 tot 300 MWth > 300 MWth
SO2 300 300 200 200
NOx 400 400 200 200
Dust particles 50 30 30 30
HCl 30 30 30 30
Cprocess: for products consisting of vegetable materials or parts of such from agriculture or forestry, expressed in
mg/Nm3 (O2 level 11 %):
Pollutant (mg/Nm3) < 50 MWth 50 - 100 MWth 100 - 300 MWth > 300 MWth
SO2 300 50 50 50
*
NOx 400/200 200 200 130
Dust particles 30 10 10 10
HCl 30 10 10 10
(*)
For installations with a nominal thermal capacity up to and including 30 MW, for nitrogen oxides (NO x),
expressed in NO2 an emission limit value of 400 mg/Nm3 applies. For installations with a nominal thermal capacity
greater than 30 MW an emission limit value of 200 mg/Nm3 applies.
Cprocess: for liquid fuels, expressed in mg/Nm3 (O2 level 3 %):
Polluting substance (mg/Nm3) < 50 MWth 50 tot 100 MWth 100 tot 300 MWth > 300 MWth
SO2 150 150 150 150
NOx 300 300 200 200
Dust particles 50 30 30 30
HCl 30 30 30 30
2. the following total emission limit values apply:
Ctotal, expressed in mg/Nm3 (O2 level 6 %). All average values are calculated over a sampling period of at least thirty
minutes and at most eight hours:
Pollutant Ctotal (mg/Nm3)
Cd + Tl 0,05
Hg 0,05
Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V + Sn 0,5
Ctotal expressed in (ng TEQ/Nm3 (O2 level 6 %). 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.
Art. 5.2.3bis.1.22. Special conditions apply for industrial sectors incinerating waste materials where waste is used as
a fuel 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 thirty 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
Art. 5.2.3bis.1.23.
§ 1. Discharges of waste water originating from the cleaning of flue gases must be limited to the extent possible.
§ 2. Without prejudice to emission limit values imposed in the licence for the discharging of waste waters, waste
water originating from the cleaning of flue gases must be purified so that the following emission limit values are
complied with:
Emission limit values, expressed in mass concentration, for
Polluting substance
unfiltered samples
1. total quantity suspended solids 95 % 100 %
30 mg/l 45 mg/l
2. Mercury and its compounds, expressed in
0,03 mg/l
mercury (Hg)
3. Cadmium and its compounds, expressed in
0,05 mg/l
cadmium (Cd)
4. Thallium and its compounds, expressed in
0,05 mg/l
thallium (Tl)
5. Arsenic and its compounds, expressed in
0,15 mg/l
arsenic (As)
6. Lead and its compounds, expressed in lead
0,2 mg/l
(Pb)
7. Chrome and its compounds, expressed in
0,5 mg/l
chrome (Cr)
8. Copper and its compounds, expressed in
0,5 mg/l
copper (Cu)
9. Nickel and its compounds, expressed in nickel
0,5 mg/l
(Ni)
10. Zinc and its compounds, expressed in zinc
1,5 mg/l
(Zn)
11. Dioxins and furans 0,3 ng TEQ/l
§ 3. To check compliance with the emission limit values for waste water from flue gas cleaning mentioned in § 2, on
the basis of appropriate mass calculations in accordance with article 5.2.3bis.1.30, § 2, the operator determines how
great the share is of the emissions in the ultimately discharged quantity of waste water that can be attributed to waste
water originating from the cleaning of flue gases.
§ 4. If waste water originating from the cleaning of flue gases containing pollutants mentioned in § 2 is purified
outside the incineration installation or incineration installation where waste is also used as a fuel at a purification
installation solely intended for the treatment of this type of waste water, the emission limit values of § 2 must be
applied at the point where the waste water leaves the purification installation. In the case of a purification
installation located at another place that is not solely intended for the purification of waste water resulting from
incineration, on the basis of appropriate mass calculations in accordance with article 5.2.3bis.1.30, § 2 the operator
determines how great the share of emissions in the ultimately discharged quantity waste water is that can be
attributed to waste water originating from the cleaning of flue gases, to check compliance with the emission limit
values for waste water from flue gas cleaning mentioned in § 2.
§ 5. If the environmental licence does not determine the flow rate that can be discharged, the licence is limited to the
flow rate mentioned in the licence application.
§ 6. Under no circumstances may waste water be diluted to comply with the emission limit values.
MEASUREMENTS : AIR
Art. 5.2.3bis.1.24.
§ 1. Measuring equipment is to be installed and techniques are to be used for the monitoring of the parameters, the
conditions and the mass concentrations relevant to the process of incineration or incineration where waste materials
are also used a fuels.
§ 2. All measurement and analysis results are kept available for perusal by the supervisory authority. Each monthly
the operator sends an overview of the results to the supervisory authority. The results of the discontinuous
measurements of dioxins and furans must be submitted as soon as possible and preferably within a month of
conducting the measurements. All results are registered, processed and presented in an appropriate manner so that
the supervisory authority can ascertain whether the conditions and emission limit values are being complied with.
§ 3. The procedures, methods and equipment for sampling and measurements are approved by a laboratory
accredited for this purpose. This testing takes place in conformity with a code of good practice set by the Flemish
minister. This comprises at least three-yearly full testing, including comparative emission measurements in
accordance with the reference methods,, and limited annual testing. The operator submits a copy of the inspection
reports to the supervisory authority each year.
Art. 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 all substances discharged in the air, including dioxins and furans, as well as
reference measurements for the calibration of automatic measuring systems, must be carried out according to the
measuring methods determined in appendix 4.4.2 or in this subsection. If no measuring methods are mentioned CEN
standards must be used. If no CEN standards exist, ISO standards or international standards must be applied that
guarantee information of an equivalent scientific quality being 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 %
Art. 5.2.3bis.1.26.
§ 1. At incineration installations or incineration installations where waste is also used as a fuel, on the initiative and
at the expense of the operator the following measurements are conducted:
1. continuous measurements of the following substances in the flue gases: CO, total dust, TOC, HCl, NO x, HF
and SO2;
2. continuous measurements of the following process parameters: temperature close to the inside wall or at
another representative point of the combustion chamber allowed by the licensing authority,, oxygen
concentration, pressure, flow, temperature and water vapour content of the flue gas.
The continuous measurement of the flow rate can be replaced by a calculation on the basis of relevant
parameters according to a method approved by the supervisory authority;
3. at least two measurements of heavy metals in the flue gases a year; during the first operating period of
twelve months, however, a measurement must be carried out at least every three months;
4. at least two measurements of dioxins and furans in the flue gases a year; during the first operating period of
twelve months, however, a measurement must be carried out at least every two months;
§ 2. At incineration installations or incineration installations where waste is also used as a fuel, on the initiative and
at the expense of the operator dioxins and furans are also continuously sampled and analysed at least every two
weeks.
At incineration installations where waste materials are also used as fuels, continuous sampling must take place each
time waste materials are used as fuel.
At incineration installations and incineration installations where waste materials are also used as fuels, the analysis
frequency of the samples can be reduced according to the diagram, mentioned in appendix 5.2.3bis.1.
With the exception of incineration installations for household wastes, the licensing authority can, at the request of
the operator and on the basis of an evaluation report from the supervisory authority, allow the continuous sampling
to end or the sampling and/or analysis frequency to be reduced. A minimum condition for granting this permission is
that no emission limit values for dioxins and furans were being exceeded in the previous year (with periodic
measurements) and neither were the threshold values (with continuous sampling).
§ 3. Measurement campaigns carried out six times a year or less are to be evenly spread over the operating period
throughout the year. The supervisory authority must be informed beforehand of the person carrying out the
measurements and the data on the discontinuous measurement of dioxins and furans.
§ 4. The standing time, the minimum temperature and the oxygen level of the flue gases are monitored in an
appropriate manner, and at least once when the incineration installation or installation where waste is also used as a
fuel is put into operation, and once in the poorest conceivable operating conditions.
§ 5. The continuous measurement of HF may be omitted if HCl treatment guarantees that the emission limit value
for HCl is not exceeded. In this case the emissions of HF are measured at least twice a year. During the first
operating period of twelve months, however, a measurement must be carried out at least every three months.
§ 6. Continuous measurement of the water vapour content is not required if the sampled flue gases are dried prior to
the emissions being analysed.
§ 7. At incineration installations or incineration installations where waste materials are also used as fuels, instead of
the continuous measurement of HCl, HF and SO2 the environmental licence can allow periodic measurements with a
frequency of at least two measurements a year and at least every three months and during the first operational period
of twelve months. This is only permissible if in the application for the environmental licence or in the request for the
amending of the licence conditions the operator can demonstrate that the emissions of the above-mentioned
pollutants can under no circumstances be higher than the set emission limit values.
§ 8. The environmental licence can allow the frequency of periodic measurements of heavy metals to be reduced
from twice a year to once every two years, and for dioxins and furans from twice a year to once a year, provided that
emissions as a result of incineration or incineration with waste used as fuel amounts to less than 50 % of the
emission limit values established according to article 5.2.3bis.1.15 and article 5.2.3bis.1.20 up to and including 1.22
, and that at least the following is complied with:
1. the waste to be incinerated or incinerated with waste also used as a fuel consists solely of certain sorted
flammable fractions of non-hazardous waste that are not recyclable and meet certain properties that are
described in more detail in the application for the environmental licence;
2. the operator can demonstrate to the licensing authority that emissions in all circumstances are significantly
lower than the emission limit values in article 5.2.3bis.1.15 (for incineration installations) and article
5.2.3bis.1.20 up to and including 1.22 (for incineration installations also using fuel as a waste) for dioxins
and furans and for heavy metals. This is assessed on the basis of information on the quality of the waste
material in question and measurements of emissions of the substances mentioned.
Art. 5.2.3bis.1.27.
§ 1. The half-hourly averages and ten-minute averages are determined within a period of the installation being
operational (the period needed for the bringing into operation and shutting down is not included to the extent that at
that time 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 has been deducted. The daily averages are determined on the basis of
the 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 defects 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 defects or maintenance of the system for continuous measurements.
§ 2. The limit values for emissions in the air with continuous measurements are considered to have been complied
with if the validated measurement results (after the deduction of the reliability interval):
1. for suspended particulates, TOC, HCl, HF, SO2, NOx:
a. none of the daily averages is higher than the emission limit values established 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° (incineration installations where waste materials are also used as
fuels);and
b. or none of the half-hourly averages is higher than the emission limit values established for
incineration installations in column A of article 5.2.3bis.1.15, 2°, or, if 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 (except during the start-up and shutting down of the 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° (incineration installations);and
b. at least 95 % of all measurements of 10-minute averages, or all measurements of half-hourly
averages during a random period of 24 hours suffice with regard to the respective emission limit
values determined in article 5.2.3bis.1.15, 1° (incineration installations), or the emission limit
values determined in article 5.2.3bis.1.19 and 5.2.3bis.1.20, 2° (incineration installations where
waste materials are also used as fuels).
§ 3. For discontinuous measurements of the concentrations of pollutants in flue gases, the emission limit values are
considered to be complied with if with the measurement results (after taking into account a measurement accuracy
of 30 %) :
1. the average over the sampling period for suspended particulates, TOC, HCl, HF, SO 2, NOx 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 incineration installations where waste materials are also used as fuels derived
according to article 5.2.3bis.1.19;
2. none of the measured half-hourly average emission limit values for TOC, SO2, NOx are higher than the
emission limit values in column A of article 5.2.3bis.1.15,2° (incineration installations);
3. none of the average values over the sampling period established for heavy metals and dioxins and furans
are 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 incineration installations where waste materials are also used as fuels;
4. none of the half-hourly averages for CO is higher than the emission limit value determined in article
5.2.3bis.1.15, 1° for incineration installations, the emission limit value derived from this according to art.
5.2.3bis.1.19 or the emission limit value according to article 5.2.3bis.1.20, 2° for incineration installations
where waste materials are also used as fuels.
MEASUREMENTS : WASTE WATER FROM FLUE GAS CLEANING
Art. 5.2.3bis.1.28.
§ 1. Measuring equipment is to be installed and techniques are to be used for the monitoring of the parameters, the
conditions and the mass concentrations relevant to the process of incineration or incineration where waste materials
are also used a fuels.
§ 2. The methods used for sampling and measurements are approved beforehand by a laboratory accredited for this
purpose unless the sampling and measuring is actually conducted by a laboratory accredited for this purpose. The
same applies for the sampling point or measuring point.
§ 3. An accredited expert in the discipline water checks that the automatic equipment for the monitoring of
emissions into water is appropriately installed and in working order. A verification test is provided each year.
This must be 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 supervisory authority each year.
Art. 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, as well as the reference
measurements for the calibration of automatic measuring systems must be provided 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 obtained.
§ 3. The control of measurement results is ensured by the supervisory authority according to article 4.2.6.1 of this
order.
Art. 5.2.3bis.1.30.
§ 1. On the initiative and at the expense of the operator, at least the following measurements must be conducted on
purified waste water originating from flue gas cleaning:
1. continuous measurement of the operational control parameters pH, temperature and flow rate;
2. 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;
3. at least the monthly measurements of substances 2. up to and including 10. mentioned in article
5.2.3bis.1.23, § 2, by means of a twenty-four hour pooled sample proportionate to the flow rate;
4. measurements of dioxins and furans by means of a dip sample at least every six months.
The measurement must take place at the same time as the measurement of dioxins and furans in the flue gases.
During the first operating period of twelve months the measurements must, however, take place at least every three
months.
§ 2. If waste water originating with the cleaning of flue gases is purified on-site along with waste water from other
sources at the installation, the operator conducts the measurements described in § 1 to arrive at a mass calculation in
the following places:
1. in the waste water flow from the flue gas cleaning processes before mixing with other waste waters;
2. in the other waste water flow or flows;
3. at the point where the waste water is ultimately discharged by the incinerator or installation where waste is
also used as a fuel.
Art. 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 flue gas cleaning are considered to have been complied with if:
1. with measurements of the total quantity of suspended solids, 95 % and 100 % of the measured values do
not exceed the respective emission limit values;
2. with measurements of heavy metals, the emission limit values are exceeded no more than once a year;
3. with measurements of dioxins and furans, the emission limit value is not exceeded.
PROCESSING OF INCINERATION RESIDUES
Art. 5.2.3bis.1.32.
§ 1. The origination of residues due to the operation of incineration installations or incineration installations where
waste is also used as a fuel and their harmfulness must be restricted to a minimum.
§ 2. Before the processing method for residues from incineration installations and incineration installations where
waste materials are also used as fuels is established, appropriate tests and analyses are conducted 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 possible 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 flue gas treatment, are to be
transported and temporarily stored in the installation or on the land in such a way that spreading into the
environment is avoided, for example in closed containers or in a closed storage space 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.
THE EXCEEDING OF STANDARDS AND DISRUPTIONS
Art. 5.2.3bis.1.33.
§ 1. Should measurements taken show that the emission limit values for discharging in the air have been exceeded,
the operator immediately reports this to the supervisory authority. Operators of incinerators keep the installations out
of operation if the emission limit values cannot be complied with, and must immediately take the necessary
measures to modify the installation so that all emission limit values are complied with, or the installation is to be put
out of operation. The operator of an installation where waste is also used as a fuel will not continue incinerating
using waste as fuel without the emission limit values being complied with, and will immediately take the necessary
measures to modify the installation so that all emission limit values are complied with, or the installation is to be put
out of operation.
§ 2. If the measurement result of the continuous sampling of dioxins and furans (without conversionof the reliability
interval) exceeds the threshold value of 0.1 (ng TEQ/Nm³):
1. the operator informs the supervisory authority of this immediately
2. the operator immediately takes the necessary measures to reduce the dioxin emissions;
3. the operator has a measurement conducted over a sampling period of at least six and at most eight hours
according to standard NBN-EN 1948 (parts 1,2,3) 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 as a departure 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 forty-
eight hours after being aware of the measurement results at the latest.
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 will have measurements conducted
of dioxins and furans in the flue gases over a sampling period of at least six and at most of eight hours according to
standard NBN-EN 1948 (parts 1,2,3), and provide the results of this within fourteen calendar days to the supervisory
authority.
§ 4. At the operator's request the supervisory authority can grant permission to derogate from the provisions of § 3.
Such permission can only be granted if the operator demonstrates that necessary and sufficient measures have been
taken or will be immediately taken to reduce the emissions to a concentration 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 will have measurements of dioxins and furans in the flue gases conducted over a sampling period
of at least 6 and a maximum of 8 hours according to standard NBN-EN 1948 (parts 1,2,3) for the confirmation of the
effectiveness of the measures taken. The results are submitted to the supervisory authority within fourteen days.
ABNORMAL PROCESSING CONDITIONS
Art. 5.2.3bis.1.34.
§ 1. In the case of technically unavoidable shut-downs, disruptions or defects to flue gas cleaning installations, over
a maximum of four hours the concentrations of the pollutants emitted into the air the may exceed the specified
emission limit values. Incineration installations or incineration installations where waste is also used as a fuel may
under no circumstances proceed with the incineration of waste materials for longer than four successive hours.
Moreover, the total duration in which incineration installations or incineration installations where waste is also used
as a fuel operate in such circumstances must be less than sixty hours in one year. This duration of sixty hours applies
for the lines of the whole incineration installation or incineration installation where waste is also used as a fuel that
are connected to one single flue gas cleaning installation.
§ 2. In this case the total dust level of emissions into the air from an incinerator may under no conditions exceed a
half-hourly average of 150 mg/Nm³. Neither may the limit values for the emission of CO and TOC in the air be
exceeded. All other conditions with respect to incineration must also be complied with.
§ 3. In the case of another defect, the operator must reduce operation (incineration) as soon as practicable, or shut
down the oven until normal operation is again possible. At installations where not only waste materials are
incinerated, the additional incineration of waste materials is discontinued.
REPORTING, INSPECTION OF INFORMATION AND INVOLVEMENT
Art. 5.2.3bis.1.35.
§ 1. Each calendar year the operator draws up a technical report detailing the activities of incineration and
incineration where wastes are also used as fuel 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:
1. the nature, origin and quantities of the delivered waste materials;
2. 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 with respect to the emission limit values;
3. an overview of the operation of the installation (hours of operation, downtime for maintenance, emergency
stops, defects to the flue gas cleaning installation) and the fixed emission measuring equipment;
4. if relevant, the energetic performance of the installation mentioning the quantity of heat that was recovered
or the quantity of electricity that was produced.
§ 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 referred to in § 1 and § 3 are submitted to the supervisory authority and to the OVAM by 1 April of
the year after the calendar year to which they relate. A copy of the reports is also sent to the local authority
concerned where they are kept available for inspection by the public.
Art. 5.2.3bis.1.36.
§ 1. All incineration installations and incineration installations where waste materials are also used as fuels must set
up an information point that can be visited with questions and complaints concerning the installation.
§ 2. At least each year the operator organises an information day about the working of the installation for the people
living in the vicinity at which the annual report is presented.
§ 3. The environmental licence can stipulate that a monitoring committee can be set up to provide communication
about the installation's activities, emissions and measures. The committee is proportionally made up off
representatives of the installation, the authorities and people living in the vicinity, complemented by one or more
independent experts as appropriate.
TRANSITIONAL AND CANCELATION PROVISIONS
Art. 5.2.3bis.1.37.
§ 1. The provisions of this subsection are applicable to existing installations for incineration and when waste is used
as fuel, as of 28 December 2005.
§ 2. For new incineration installations and incineration installations where waste materials are also used as fuels, this
subsection is immediately applicable as a replacement for section 5.2.3.
§ 3. As of 28 December 2005 section 5.2.3 is fully rescinded.
5.2.3bis. added by Art. 17 Desicion 12 December 2003 (O.J. 13 February 2004), date of commencement: 13
February 2004
Subsection 5.2.3bis.2
Conditions for experimental incineration installations and incineration installations where waste materials are also
used as fuels
Art. 5.2.3bis.2.1. These conditions are applicable to installations classified according to heading 2.3.4.3 of the
classification list.
Art. 5.2.3bis.2.2. The date and the nature of each experiment must be reported to the supervisory authority at least
one week beforehand.
Art. 5.2.3bis.2.3. Unless otherwise specified in the environmental licence, during the experiment a complete
measurement campaign for air (substance, TOC, HCl, HF, SO 2, NOx, heavy metals, dioxins and furans) must be
conducted on three consecutive days. The results are submitted to the supervisory authority and the OVAM
5.2.3bis. added by Art. 17 Desicion 12 December 2003 (O.J. 13 February 2004), date of commencement: 13
February 2004
Subsection 5.2.3bis.3.
Conditions for animal crematoriums
Art. 5.2.3bis.3.1. Without prejudice to the provisions of Regulation (EC) no. 1774/2002 of the European Parliament
and the Council of 3 October 2002 for the establishment of health regulations relating to animal by-products not for
human consumption, the provisions of this section are applicable to the installations referred to in heading 2.3.4.1, i)
of the classification list.
Art. 5.2.3bis.3.2. In conjunction with the delivery and receipt of carcases, the operator of the installation takes all
necessary precautionary measures to avoid or prevent to the extent possible any negative consequences for the
environment, in particular the pollution of air, soil, surface water and groundwater, as well as odour nuisance and
noise pollution, and direct risks to public health.
Art. 5.2.3bis.3.3.
§ 1. Installations may under no circumstances accept livestock and poultry, also not if kept as pets.
§ 2. The carcases must be stored cooled. The cold storage space must be regularly cleaned and decontaminated with
a recognised disinfectant.
§ 3. If possible the carcases must be immediately placed in the oven without being touched.
Art. 5.2.3bis.3.4. As a departure from the general conditions for the processing of waste materials, no weighbridge
is required.
Art. 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, gas originating during the process after the last injection of combustion air is raised in a controlled
and even 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. The burner must switch on if the
temperature of the combustion gases after the last supply of suction air falls to below 850 °C. It must also be used
during the operation and shutting down of the installation to ensure that a temperature of 850 °C is always
maintained during the activities referred to as long as there is unburnt material in the combustion chamber.
§ 3. Installations from 50 kg/h must dispose of and make use of an automatic system to prevent carcases being
supplied: <P< type="a"
1. when bringing into use before the required incinerating temperature of 850 °C is reached; and
2. when the required incinerating temperature of 850 °C is not maintained.
Art. 5.2.3bis.3.6.
§ 1. The installation is equipped and operated in such a way that emissions into the air that would lead to
significant air pollution at ground level are prevented.
§ 2. The flue gases are discharged through a chimney stack in a controlled manner. The minimum or
maximum chimney stack height can be specified in the environmental licence.
§ 3. The chimney stack and the drainage channels are fitted with monitoring openings and a monitoring
platform in accordance with standard NBN T95-001 or an equivalent standard. The monitoring openings
have a diameter of at least 12 cm.
Art. 5.2.3bis.3.7.
§ 1. Each installation from 50kg/h must dispose of and make use of temperature measuring equipment.
§ 2. The competent authority checks if all automatic monitoring equipment is appropriately installed and in
correct working order. A verification test is provided each year. At least every three years calibration must
take place by means of parallel measurements in accordance with the reference methods.
Art. 5.2.3bis.3.8.
§ 1. Each animal crematorium must comply with the following conditions when operating:
1. the concentration of the following substances in the dry flue gases, converted to an oxygen level of
eleven volume percent, may not exceed:
Substance Emission limit value
total dust 30 mg/Nm3
sulphur dioxide, expressed in SO2 300 mg/Nm3
NOx, expressed in 2 400 mg/Nm3
The concentration of the substances in the flue gases must be measured at least annually by a
laboratory accredited for this purpose;
2. with normal operation, no deposits of water droplets from flue gases may occur in the
environment;
3. 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 a maximum of
eight hours. The emission limit value concerns the total concentration of dioxins and furans,
calculated on the basis of the ’toxic equivalence’.
The mass concentration of dioxins and furans is measured at least every two years according to the
conditions of standard NBN-EN 1948 (parts 1,2,3) by a laboratory accredited for these
measurements.
Each measurement carried out according to the abovementioned method must, after taking into
account the accuracy referred to in article 4.4.4.2, § 5, suffice with regard to the specified emission
limit value.
§ 2. Should the measurements taken show that one or more emission limit values have been exceeded, the
operator reports this immediately to the supervisory authority and takes the necessary measures to suffice
with regard to the emission limit values.
§ 3. All measurement results must be registered and presented in an appropriate manner.
5.2.3bis. added by Art. 17 Desicion 12 December 2003 (O.J. 13 February 2004), date of commencement:
13 February 2004
Subsection 5.2.3bis.4.
Conditions for incineration installations and incineration installations where waste materials are also used
as fuels for biomass waste
Art. 5.2.3bis.4.1.
§ 1. The conditions of this subsection are applicable to installations classified in heading 2.3.4.1, a) and
2.3.4.2, a).
§ 2. If the energy released with incineration is not recovered, the conditions of subsection 5.2.3bis.1.apply.
ACCEPTANCE AND RECEIPT OF THE WASTE MATERIALS
Art. 5.2.3bis.4.2. On the delivery and receipt of waste materials, the operator of an incineration installation
or incineration installation where waste is also used as a fuel takes all the necessary precautionary measures
to prevent or restrict to the extent possible all harmful consequences for the environment, in particular the
pollution of air, soil, surface water and groundwater as well as odour nuisance and noise pollution, and
direct risks to public health.
Art. 5.2.3bis.4.3.
§ 1. At incineration installations or incineration installations where waste is also used as a fuel for biomass
waste, only the waste materials explicitly mentioned in the environmental licence may be incinerated or
used as fuel .
§ 2. If the environmental licence does not determine which waste materials may be incinerated or used as
fuel, the licence is restricted to the waste materials mentioned in the licence application.
Art. 5.2.3bis.4.4. Before the waste materials are received at the incineration installation or incineration
installation where waste is also used as a fuel, the operator of the installation follows at least the following
procedure for receipt:
4. control of the required documents;
5. control of conformity of the delivered waste materials with the written information.
If relevant, the waste materials are sampled in a representative way and analysed. The parameters to be
analysed are so determined that the conclusive verification of conformity is ensured. The samples taken are
then kept for at least one month after incineration.
Art. 5.2.3bis.4.5.
§ 1. The operator establishes the weight of each waste category per load, and if possible also the category in
accordance with the waste materials list, before the waste is received at the incineration installation or
incineration installation with waste used as fuel.
§ 2. For installations and establishments where only biomass waste produced the by the company itself is
incinerated or used as fuel at the place where the waste was produced, articles 5.2.3bis.4.4 and 5.2.3bis.4.5,
§ 1, are not applicable.
OPERATION
Art. 5.2.3bis.4.6.
§ 1. The locations of incineration installations and incineration installations where waste materials are also
used as fuels, with the associated land for the storage of biomass waste, are designed and operated in such a
way that the improper and accidental release of pollutants into soil, surface water and groundwater is
prevented.
§ 2. The storage space for the delivered waste materials is protected to such an extent that accidents during
the unloading of the waste materials are avoided.
Art. 5.2.3bis.4.7.
§ 1. The incineration installation or incineration installation where waste is also used as a fuel is designed,
equipped, built and operated in such a way that the waste materials are always incinerated as uniformly and
completely as possible and emissions are minimal. If necessary, the waste materials undergo preliminary
treatment, and in the case of heterogeneous waste materials they are mixed and made as homogenous as
possible.
§ 2. At least once a year, incineration installations or incineration installations where waste is also used as a
fuel with a nominal thermal capacity up to and including 10 MW are set by the constructor or installer. This
setting comprises the control of the process parameters of the operating installation, with the subsequent
setting of the process parameters as required to achieve as complete as possible incineration. Proof of
setting is kept available for perusal by the supervisory official.
§ 3. All incineration installations and incineration installations where waste materials are also used as fuels,
with a nominal thermal capacity of more than10 MW, are equipped and operated in such a way that the gas
originating with incineration, after the last injection of combustion air, is heated in a controlled and even
way, even under the most unfavourable conditions, to a temperature of at least 850 °C for at least two
seconds at or near the inner wall of the combustion chamber. The temperature level is a minimum condition
that must be permanently complied with when the installation is operating.
§ 4. The environmental licence can allow variations from § 3 provided that effective techniques are applied
in the incinerator or incinerator where wastes are also used as fuels or in the installation for the treatment of
the combustion gases. With the application of these techniques, the emission levels of dioxins and furans
must correspond with or be lower than the levels achieved under the conditions of § 3, they must at least
suffice with regard to all the emission limit values, and no more residues with a higher level of pollutants
may be produced than is to be expected under the conditions specified in § 3.
EMISSIONS: CONDITIONS FOR INCINERATION AND INCINERATION WITH WASTE USED
AS FUEL OF BIOMASS WASTE, WITH THE EXCEPTION OF NON-CONTAMINATED
TREATED WOOD WASTE
Art. 5.2.3bis.4.8.
§ 1. The emission limit values always relate to the following conditions: temperature 273K, pressure 101.3
kPa, 11 % oxygen, dry gas.
§ 2. If waste materials are incinerated in an atmosphere enriched with oxygen, the measurement results may
be converted to an oxygen level set in the environmental licence that reflects the exceptional circumstances
of the individual case.
Art. 5.2.3bis.4.9.
Each incinerator classified under heading 2.3.4.1, a), 1° must, when operating, comply with the following
conditions:
6. The concentrations of the following substances in the flue gases may not be exceeded:
Emission limit values in mg/Nm3 depending on the nominal thermal capacity of the incinerator
up to and including with 5 more than 5 MW to
50 MW and more
MW 50 MW
1. total dust 150 30 10
2. carbon monoxide (CO) 250 200 100
3. nitrogen oxides (NOx) expressed in NO2 400 400/200(*) 200(**)
4. sulphur dioxide (SO2) 300 300 50
5. dioxins and furans expressed in ng
- 0,1 0,1
TEQ/Nm3 (***)
(*)
For installations with a nominal thermal capacity up to and including 30 MW, for nitrogen
oxides (NOx), expressed in NO2 an emission limit value of 400 mg/Nm³applies. For installations
with a nominal thermal capacity greater than 30 MW an emission limit value of 200 mg/Nm³
applies.
(**)
For installations with a nominal thermal capacity of over 300 MW, for nitrogen oxides (NO x),
expressed in NO2 an emission limit value of 130 mg/Nm³applies.
(***)
The average values are determined over a sampling period of at least six hours and a
maximum of eight hours. The emission limit value concerns the total concentration of dioxin and
furans, calculated on the basis of the ’toxic equivalence’. For the continuous sampling of dioxins
and furans a threshold value of 0.1 ng TEQ/Nm³ applies.
7. In normal operation no water droplet deposits from flue gases may occur in the surrounding
Art. 5.2.3bis.4.10. For installations where waste is also used as a fuel in which biomass waste is
incinerated together with fuels, the emission limit values are established as follows:
8. firstly, by taking the emission limit values for each fuel and waste material (or group of waste
materials) for this installation according to the environmental licence or this order applying for
monoincineration in accordance with the nominal thermal capacity of the installation;
9. secondly, by determining the weighed emission limit values per fuel and per waste material (or
group of waste materials); the values are obtained by multiplying each of the abovementioned
limit values by the quantity of heat supplied by each fuel/waste material, divided by the heat
supplied by all fuels or waste materials together;
10. thirdly, by adding up the weighed emission limit values per fuel or waste material (or group of
waste materials) , converted to the same oxygen level.
Art. 5.2.3bis.4.11. For directly fired chip dryers the environmental licence can allow a variation from the
emission limit values mentioned in article 5.2.3bis4.9 and 5.2.3bis4.10, to the extent the operator can
demonstrate in his request that the emissions are also caused by the drying process and that the best
available techniques are applied.
Art. 5.2.3bis.4.12.
§ 1. For incineration installations and incineration installations where waste materials are also used as fuels
classified in heading 2.3.4.1, a), 1° or 2.3.4.2, a), 1°, on the initiative and at the expense of the operator the
following measurements are conducted:
11. the concentrations of dust, CO, SO2 and NOx:
a. at least each year for installations with a nominal thermal capacity up to and including 5
MW. The measurements for SO2 are not compulsory if the operator can demonstrate that
the SO2 emissions are under no circumstances higher than the specified limit values;
b. at least every three years with installations with a nominal thermal capacity of more than
5 MW up to and including 50 MW. The measurements for SO 2 are not compulsory if the
operator can demonstrate that the SO2 emissions are under no circumstances higher than
the specified emission limit values;
c. continually at installations with a nominal thermal capacity of over 50 MW. The
continuous measurements for SO2 are not compulsory if the operator can demonstrate
that the SO2 emissions are under no circumstances higher than the specified emission
limit values.
In that case, at least every three months measurements must take place, and this during a
period of normal activity. These non-continuous measurements may be replaced by
calculations on the basis of registered components or relevant parameters according to a
code of good practice and/or by other appropriate determination methods according to a
code of good practice.
12. The oxygen level, temperature, pressure and water vapour content in the flue gases are measured
and registered continuously or periodically depending on the capacity of the installation. The
measuring of the water vapour content is not required, providing that the sampled flue gases are
dried prior to the emissions being analysed.
§ 2. The environmental licence can allow the frequency of the periodic measurements to be reduced
provided that the operator can demonstrate to the licensing authority that the emissions in all circumstances
amount to less than 50 % of the emission limit values set. Such an application for a frequency reduction
must be reasoned in the environmental licence.
§ 3. At installations with a nominal thermal capacity of over 5 MW the concentration of dioxins and furans
must be measured at least annually.
§ 4. For installations with a nominal thermal capacity of over 50 MW,dioxins and furans are sampled
continuously with analyses at least every two weeks.
With incineration installations where waste materials are also used as fuels this continuous sampling must
take place each timewaste materials are used.
The analysis frequency of the sampling can be reduced according to the diagram mentioned in appendix
5.2.3bis.1.
On the request of the operator and on the basis of an evaluation report from the supervisory authority, the
licensing authority can then include in the environmental licence that the continuous samplingcan be ended
or the sampling and/or analysis frequency can be reduced. A minimum condition for granting this
permission is that no emission limit values for dioxins and furans were being exceeded in the previous year
(with periodic measurements) and neither were the threshold values (with continuous sampling).
EMISSIONS: CONDITIONS FOR INCINERATION AND INCINERATION WITH WASTE USED
AS FUEL OF NON- CONTAMINATED TREATED WOOD WASTE
Art. 5.2.3bis.4.13.
§ 1. The emission limit values always relate to the following conditions: temperature 273K, pressure 101.3
kPa, 11 % oxygen, dry gas.
§ 2. If waste materials are incinerated in an atmosphere enriched with oxygen, the measurement results may
be converted to an oxygen level set in the environmental licence that reflects the exceptional circumstances
of the individual case.
Art. 5.2.3bis.4.14.
§ 1. Uncontaminated treated wood waste may contain a maximum of the following concentrations of
pollutants:
Composition conditions in mg/kg DS
Pollutant A B
1. arsenic and its compounds, expressed in arsenic (As) 2 4
2. copper and its compounds, expressed in copper (Cu) 20 40
3. lead and its compounds, expressed in lead (Pb) 90 180
4. chromium and its compounds, expressed in chrome (Cr) 30 60
5. fluorine and its compounds, expressed in F 30 60
6. chlorine and its compounds, expressed in Cl 600 1200
7. pentachlorophenol 3 6
8. benzo-a-pyrene 0,5 1
These composition conditions apply as guide values.
§ 2. For incineration installations and incineration installations where waste materials are also used as fuels
classified in heading 2.3.4.1.a).2° or 2.3.4.2.a).2°, on the initiative and at the expense of the operator
analyses of at least the parameters mentioned in § 1 of this article are conducted on the wood waste to be
incinerated:
a. for installations with a nominal thermal capacity up to and including 5 MW:
1. annual sampling and analysis at the incineration of treated wood waste, originating from
the installation's own production of wooden materials;
2. six-monthly sampling and analysis at the incineration of treated wood waste originating
fromf third parties;
b. for installations with a nominal thermal capacity of over 5 MW
1. six-monthly sampling and analysis at the incineration of treated wood waste, originating
from the installation's own manufacture of wooden materials;
2. quarterly sampling and analysis at 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 the under the same Eural code by different suppliers, the sampling of the waste
material flow must take place per supplier. No analyses are required of fractions of waste from untreated
wood or untreated wood from which the wood waste to be incinerated is produced.
§ 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. The analyses must be
provided at the frequency determined in § 2 of this article. Analyses from suppliers of wooden materials are
not accepted if the operator is to conduct further processes on the wood that may cause contamination.
§ 5. The sampling and analysis of the wood waste must be carried out by a laboratoryaccredited for
analyses of waste materials. All analysis results must be kept available for perusal of the supervisory
official. For foreign suppliers the analysis is provided by a laboratory that may conduct analyses in a
legally valid way in accordance with the legislation in the relative country.
§ 6. The composition conditions in § 1 are complied with if per waste material flow and per supplier:
3. with the annual and six-monthly sampling, none of the concentrations mentioned in column B are
exceeded;
4. with quarterly sampling none of the concentrations mentioned in column B are exceeded, and per
calendar year at least three of the four measurements suffice with regard to the concentrations in
column A;
5. with more than four measurements a year, none of the concentrations mentioned in column B are
exceeded,and per calendar year at least 80 % of the measurements suffice with regard to the
concentrations in column A.
Art. 5.2.3bis.4.15. Each incinerator classified in heading 2.3.4.1, a) 2° in which uncontaminated treated
wood waste is incinerated must, when operating, satisfy the following conditions:
the concentration of the following substances in the flue gases may not exceed:
Emission limit values in mg/Nm3 depending on the nominal thermal capacity of the incinerator
up to and more than 5
50 MW and
including with 5 MW to 50
more
MW MW
1. total dust 150 30 10
2. carbon monoxide 250 200 100
(*)
3. nitrogen oxides (NOx) expressed in NO2 400 400/200 200(**)
4. sulphur dioxide expressed in SO2 300 300 50
5. gaseous and vaporous organic substances expressed in total organic - 20 10
carbon
6. gaseous inorganic fluorides expressed in HF - 2 1
7. gaseous inorganic chlorides expressed in HCl 50 50 10
8. heavy metals(***)
the sum of cadmium and its compounds, expressed in - 0,1 0,05
cadmium (CD) and thallium and its compounds,
expressed as thallium (Tl)
mercury and its compounds expressed in mercury (Hg) - 0,1 0,05
the sum of: - 1,5 0,5
antimony and its compounds, expressed in
antimony (Sb)
arsenic and its compounds, expressed in
arsenic (As)
lead and its compounds, expressed in lead
(Pb)
chromium and its compounds, expressed in
chrome (Cr)
cobalt and its compounds, expressed in
cobalt (Co)
copper and its compounds, expressed in
copper (Cu)
manganese and its compounds, expressed in
manganese (Mn)
nickel and its compounds, expressed in
nickel (Ni)
vanadium and its compounds, expressed in
vanadium (V)
tin and its compounds, expressed in tin (Sn)
9. dioxins and furans, expressed in ng TEQ/Nm3 (****) 0,4 0,1 0,1
(*)
For installations with a nominal thermal capacity up to and including 30 MW, for nitrogen oxides (NO X),
expressed in NO2 an emission limit value of 400 mg/Nm³applies. For installations with a nominal thermal
capacity greater than 30 MW an emission limit value of 200 mg/Nm³ applies.
(**)
For installations with a nominal thermal capacity of over 300 MW, for nitrogen oxides (NO X),
expressed in NO2 an emission limit value of 130 mg/Nm³ applies.
(***)
Average values over a sampling period of at least thirty minutes and a maximum of eight hours.
(****)
The average values are determined over a sampling period of at least six hours and a maximum of
eight hours. The emission limit value concerns the total concentration of dioxins and furans, calculated on
the basis of the ’toxic equivalence’.
For the continuous sampling of dioxins and furans a threshold value of 0.1 ng TEQ/Nm³ applies.
Art. 5.2.3bis.4.16. For installations where waste is also used as a fuel in which uncontaminated treated
wood waste is incinerated together with fuels, the emission limit values are established as follows:
6. by for each fuel and waste material (or group of waste materials) taking the emission limit values
for the installation that apply according to the environmental licence or this order for
monoincineration in accordance with the nominal thermal capacity of the installation;
7. by determining the weighed emission limit values per fuel and per waste material (or group of
waste materials; the values are obtained by multiplying each of the abovementioned limit values
by the quantity of heat supplied by each fuel/waste material, divided by the heat supplied by all
fuels or waste materials together;
8. by adding up the weighed emission limit values converted to the same oxygen level per fuel or
waste material (or group of waste materials).
Art. 5.2.3bis.4.17. For directly fired chip dryers the environmental licence can allow a variation from the
emission limit values mentioned in article 5.2.3bis4.15 and 5.2.3bis4.16, to the extent the operator can
demonstrate in his request that the emissions are also caused by the drying process and that the best
available techniques are applied.
For directly fired chip dryers the environmental licence can also allow a variationfor the emission limit
value for nitrogen oxides, expressed in NO2, if the operator can demonstrate that the best available
techniques are applied. Under no circumstances may the emission of nitrogen oxides exceed the value of
875 mg/Nm³ with 11 % O2, dry gas.
Art. 5.2.3bis.4.18.
§ 1. For incineration installations and incineration installations where waste materials are also used as fuels
classified in heading 2.3.4.1, a), 2° or 2.3.4.2, a), 2°, on the initiative and at the expense of the operator the
following measurements are conducted:
9. The concentration of specific substances in the flue gases:
a. continually measured and registered are : the concentrations of total dust particles and
CO at installations with a nominal thermal capacity of over 5 MW. At installations with a
nominal thermal capacity of 50 MW and more, the concentrations of SO 2 and NOX are
additionally continually measured and registered;
b. measured at least every six months are:
1. he concentrations of gaseous and vaporous organic compounds, expressed in
total carbon at installations with a nominal thermal capacity of over 5 MW;
2. the concentrations of total dust particles, CO, NOX and HCl at installations with
a nominal thermal capacity up to and including 5 MV;
3. the concentrations of heavy metals, HCl, HF, NOX, and SO2 at installations with
a nominal thermal capacity of more than 5 MW;
c. measured at least annually:
1. the concentration of dioxins and furans for installations with a nominal thermal
capacity greater than 5 MW;
d. measured at least every two years:
1. the concentration of dioxins and furans for installations with a nominal thermal
capacity of less than or equal to 5 MW.
10. The oxygen level, temperature, pressure and water vapour content in the flue gases are
continuously or periodically measured and registered depending on the capacity of the installation.
The measuring of the water vapour content is not required, providing that the sampled flue gases
are dried prior to the emissions being analysed.
11. The environmental licence can allow the frequency of the periodic measurements to be reduced
provided that the operator can demonstrate to the licensing authority that the emissions in all
circumstances amount to less than 50 % of the emission limit values set. Such an application for a
frequency reduction must be reasoned in the environmental licence.
12. For installations with a nominal thermal capacity of over 50 MW,dioxins and furans are sampled
continuously with analyses at least every two weeks.
At incineration installations where waste materials are also used as fuels, continuous sampling
must take place each time waste materials are used as fuel.
The sample analysis frequency is reduced according to the diagram appended as appendix
5.2.3bis.1 to this order.
On the request of the operator and on the basis of an evaluation report from the supervisory
authority, the licensing authority can then include in the environmental licence that the continuous
samplingcan be ended or the sampling and/or analysis frequency can be reduced. A minimum
condition for granting this permission is that no emission limit values for dioxins and furans were
being exceeded in the previous year (with periodic measurements) and neither were the threshold
values (with continuous sampling).
13. For installations with a nominal thermal capacity of over 10 MW the following applies for process
parameters:
a. continually measured and registered are: the temperature and the oxygen level of the
combustion gases in the zone where the stipulated minimum conditions relating to
temperature, oxygen level and standing time must be met. For technical reasons the
oxygen level can be measured and registered as close as possible to the zone in a
representative place;
b. the time that the combustion gases remain at the minimum temperature of 850 °C is
correctly monitored under the most unfavourable working conditions, and at least with
the first bringing into use of the incineration plant;
§ 2. At incineration installations or incineration installations where waste materials are also used as fuels,
instead of the continuous measurement of CO2 and dust, the environmental licence can allow periodic
measurement with a frequency of at least two measurements a year and at least every three months and
during the first operational period of twelve months. This is only allowed if the operator can demonstrate
that the emissions of the above-mentioned pollutants can under no circumstances be higher than the
established emission limit values. The exceptions must be mentioned and reasoned in the application for
the environmental licence or in the request for the changing of the licence conditions.
§ 3. The environmental licence can allow the frequency of the periodic measurements for heavy metals of
twice a year to be lowered to once every two years, provided thatthat the emissions as a result of
incineration or incineration with waste used as fuel amount to less than 50 % of the emission limit values
established in accordance with article 5.2.3bis.4.15. This is assessed on the basis of information about the
composition of the waste in question, and on the basis of measurements of the emissions of the
abovementioned substances. The exceptions must be mentioned and reasoned in the application for the
environmental licence.
MEASUREMENTS AND ASSESSMENT OF RESULTS
Art. 5.2.3bis.4.19.
§ 1. All periodic measurements specified in article 5.2.3bis.4.18 are to be conducted by an accredited ’air’
laboratory or, in the case of measurements by the operator, with equipment and according to a method that
has been approved by a laboratory accredited in the discipline ’air’.
For installations with a nominal thermal capacity of over 5 MW, the supervisory authority is to be informed
beforehand in writing of the date and the person carrying out the periodic measurements.
§ 2. The procedures, methods and equipment for sampling and measurements are approved by a laboratory
accredited for this purpose and must be approved by the supervisory official. This approval takes place in
conformity with a code of good practice establishedby the Flemish minister. This comprises full testing at
least every three years, including comparative emission measurements in accordance with the reference
methods, and annual limited testing.
All results are registered, processed and presented in an appropriate manner so that the supervisory
authority can ascertain whether the conditions and emission limit values are being complied with.
§ 3. All measurement and analysis results are kept available for perusal by the supervisory.
For continuous measurements the operator submits the overview of the results to the supervisory authority
each month.
The results of the discontinuous measurements of dioxins and furans must be submitted as soon as possible
and preferably within a month of conducting the measurements.
§ 4. With continuous measurements, the emission limit values referred to in article 5.2.3.bis.4.9 and
5.2.3.bis.4.15 are considered to have been complied with if from the evaluation of the results from the
operating period in the course of one calendar year it appears that:
14. for SO2, dust and CO there are no validated daily averages above the emission limit value;
15. for NOX, SO2 , dust and CO there are no validated half-hourly averages higher than double the
emission limit values.
The validated half-hour and daily averages are established on the basis of the measured half-hourly
averages, after the deduction the value of the 95 % reliability interval of individual measurements.
This reliability interval may not exceed the following percentages of the emission limit values:
SO2 20 %
NOx 20 %
Stof 30 %
CO 10 %
A day in which more than six half-hourly averages are invalid as a result of a defect or maintenance of the
continually operating measuring system is declared invalid. If as a result more than ten days are declared
invalid in a year, the operator must take appropriate measures to improve the reliability of the continuous
control system.
§ 5. As a departure from article 4.4.4.5 of this order and if only non-continuous measurements or other
appropriate determination methods are required, the emission limit values referred to in article 5.2.3.bis 4.9
or 5.2.3.bis 4.15 are considered to have been complied with if the results of all measurement cycles or those
of other methods determined in accordance with article 5.2.3bis.4.11 or 5.2.3bis.4.18, do not exceed the
emission limit values after taking into account the accuracy referred to in article 4.4.4.2, § 5 of this order.
§ 6. The concentration of dioxins and furans must be measured according to the conditions of standard
NBN-EN 1948 (parts 1, 2, 3) by a laboratory accredited for these measurements.
THE EXCEEDING OF STANDARDS AND DISRUPTIONS
Art. 5.2.3bis.4.20.
§ 1. If at incineration installations or incineration installations where waste materials are also used as fuels
for biomass waste it appears from the measurements that one or more emission limit values are being
exceeded, the operator reports this immediately to the supervisory authority and takes the necessary
measures to suffice with regard to the emission limit values as soon as possible.
§ 2. At installations with a nominal thermal capacity of 50 MW or more, if the air emission abatement
installation has stopped and not started again in working order within 24 hours, the operator must wholly or
partly stop the installation or operate it with a low-pollution fuel. For these installations the sum of the
periods of operation without air emission abatement installation over a period of 12 months may under no
circumstances exceed 120 hours.
ENERGY RECOVERY
Art. 5.2.3bis.4.20bis.
§ 1. The heat created by incineration or incineration with waste materials also used as a fuel is used for
useful purposes to the extent possible according to the best available techniques.
§ 2. Installations with a nominal thermal capacity of 50 MW and more, for which the first licence for
operation was requested on or after 27 November 2002 or that were brought into use after 27 November
2003, must be provided with a combined electricity/heat production installation. A derogation from this can
be granted in the environmental licence if a study, appended to the environment licence application, shows
that such a combined heat and power system is economically or technically not feasible.
Added by Art. 3 Decision 24 April 2004 (O.J. 30 April 2004), date of commencement: 30 April 2004
PROCESSING OF INCINERATION RESIDUES
Art. 5.2.3bis.4.21. 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 as mentioned in article 4.1.6.2 of this order.
The removal of ash, fly ash and other residues must take place in a dust-proof way.
TRANSITIONAL AND CANCELATION PROVISIONS
Art. 5.2.3bis.4.22.
§ 1. The provisions of this subsection are applicable to existing installations for incineration and
incineration with waste used as fuel for biomass waste materials with a nominal thermal capacity lower
than 50 MW, as of 28 December 2005. For existing installations with a nominal thermal capacity of 50
MW or more, these provisions come into force from 27 November 2004.
As derogation from this, the provisions of article 5.2.3bis.4.14 and provisions that are less stringent than the
current regulations immediately apply.
§ 2. For new incineration installations and incineration installations where waste materials are also used as
fuels for biomass waste, this subsection is immediately applicable as a replacement of section 5.2.3,.
§ 3. As of 28 December 2005 section 5.2.3 is fully rescinded.
5.2.3bis. added by Art. 17 Desicion 12 December 2003 (O.J. 13 February 2004), date of commencement:
13 February 2004
Section 5.2.4.
Sites where waste materials are deposited in or on the soil
Art. 5.2.4.0.1.
§ 1. Every landfill site is classified in one of the following categories:
landfills for stable, non reactive hazardous wastes and for non hazardous industrial and comparable waste
materials of mainly inorganic composition - category 1 landfills
landfills solely for non hazardous waste - category 2 landfills;
landfills for waste materials - category 3 landfills;
The landfill category and the total useful volume are indicated in the environmental licence.
§ 2. According to the nature of the waste, mono-landfills are classified in one of the categories specified in
§ 1 and are subject to the conditions that apply for the category in question.
Art. 5.2.4.0.2. Cost of the landfill
The operator will ensure that at least the following costs are charged for the dumping of the waste materials
at the landfill:
All expenses related to the setting up and operation of the facility
The costs related to the provision of the financial security
The costs related to the closure of the facility and the aftercare
Art. 5.2.4.0.3. Temporary provisions
1. Temporary provisions dated 1 June 1995 (to be read in conjunction with the text of the order of
the Flemish Government of 1 June 1995, Belgian Official Journal : 31 July 1995).
As a departure from that specified in article 3.2.1.2., for existing landfills the following temporary
provisions hold :
16. as of 1 January 1997 the prohibitions of art. 5.2.4.1.2. and the acceptance criteria of art. 5.2.4.1.3.
§ 3. and of art. 5.2.4.1.4. § 2. for waste materials to be deposited in landfills hold for all existing
landfills;
17. from 1 January 1996 the provisions related to the period of aftercare and the aftercare activities in
landfills (art. 5.2.4.4.6.) are applicable to all landfills that have not been fully completed on 31
December 1995;
18. for all existing landfills, the annual report concerning the landfill operations or aftercare activity
(art. 5.2.4.4.8.) is to be submitted for the first time 18 months after the date of enforcement of this
order.
2. 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:
19. 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 Journal;
The conditions relating to the closure procedures and aftercare are applicable for those sections of
the landfill that:
have been established after 16 July 2001, or
are brought into operation after the publication of this order in the Belgian Official
Journal, or
have not been definitively closed on 31 December 2005;
20. The operator shall draw up a site-conditioning plan.
This conditioning plan must comprise the following information:
a checking of the existing operating conditions against the provisions of sections 5.2.1
(with the exception of article 5.2.1.4) and 5.2.4.
the corrective measures necessary to bring the existing operation into conformity with the
new provisions of sections 5.2.1 (with the exception of article 5.2.1.4) and 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 in accordance with 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 conditioning plan must be submitted to the
Provincial Executive of the province that has jurisdiction over the parcels on which the landfill site
is located.
The licensing authority sends one copy of the conditioning plan each to the Public Waste Agency
for the Flemish Region and the Environmental Licence Department with the request to provide an
opinion, and one to the Environmental Inspection Department with the request to draw up a report.
These opinions and the report must be given within two months.
The report from the Environmental Inspection Department is to comprise an appraisal of the
current operation, as well as a testing of of the current operation against the new provisions. The
opinions of the Public Waste Agency for the Flemish Region and the Environmental Licence
Department shall include an appraisal of the conditioning plan in its entirety as well as a proposal
for the adaptation of the current licence.
The Provincial Executive is to seek the opinion of the Provincial Environmental Licensing
Committee about the site-conditioning plan.
The licensing authority is to decide on the site-conditioning plan within a period of four months.
The operator, the Public Waste Agency for the Flemish Region and the Environmental Licence
Department can submit an appeal against the decision of the Provincial Executive to the Flemish
Minister for the Environment within the period of thirty days commencing the day after the
service of the decision. Within the period of five months the Flemish minister delivers his
judgement on the appeal, after again having requested the opinion of the aforementioned bodies
and of the Regional Environmental Licensing Committee. A copy of the decision(s) about the site-
conditioning plan is served on the operator, the Public Waste Agency for the Flemish Region, the
Environmental Inspection Department, the Environmental Licence Department, and on the
municipality concerned.
The licensing authority decides whether the operation can be continued on the basis of the site-
conditioning plan. On the basis of the approved site-conditioning plan, the licensing authority shall
authorise the necessary work and shall lay down a transitional period for the completion of the
plan. This transitional period can run until 16 July 2009 at the latest. The conditioning 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
practicable and at the latest by 31 December 2005, in accordance with the provisions relating to
closure and aftercare procedures in the earlier licence.
If the operator does not submit a conditioning plan in time, the landfill site must be closed as soon
as practicable and at the latest by 31 December 2005. In this case, the landfill site must be
completed and closed in accordance with the conditions imposed in the licence.
Subsection 5.2.4.1.
Waste acceptance at the landfill site
Art. 5.2.4.1.1.
§ 1. The acceptance and deposition of waste at a landfill site is effected on the basis of following elements:
the origin and source of the waste;
the composition and characteristics of the waste;
the leaching behaviour of the waste.
§ 2. The waste materials can only be accepted at the landfill site on the condition that the holder or the
operator can demonstrate before or at the time of delivery (or at the time of the first delivery if the case
concerns a series of deliveries with the waste materials remaining unchanged) and using appropriate
documentation that clearly makes mention of the aforementioned information, that the waste materials
concerned can be accepted in accordance with the conditions specified in the licence and that they meet the
applicable acceptance criteria.
§ 3. When the waste is delivered to the landfill, the conformity of the delivered waste with the written
information is checked. The following reception procedures are to be respected by the operator:
checking of the waste documentation, including the identification form for waste materials as
described in VLAREA and, where applicable, the documents specified in Council Regulation
(EEC) no. 259/93 of 1 February 1993 on the supervision and control of shipments of waste within,
into and out of the European Community,
visual inspection of the waste at the entrance and at the point of deposit and, as appropriate,
verification of conformity with the description provided in the documentation submitted by the
holder. Unless inappropriate, representative samples are taken of the waste materials and analysed.
The parameters to be analysed are determined in such a way that a watertight verification of
conformity is ensured. If samples have to be taken, the results of the analyses shall be kept and the
sampling shall be carried out in a representative manner and in conformity with prevailing
standards. These samples shall be kept at least one month;
§ 4. The operator of the landfill shall always provide written acknowledgement of receipt of each delivery
accepted on the site. Without prejudice to that stipulated in Regulation (EEC) no. 259/93, the operator shall
forthwith inform the supervisory authority of any non acceptance of waste materials at his landfill.
§ 5. The waste materials are accepted at a landfill only on the condition that they provide sufficient strength
of ground and have sufficient shearing strength to ensure safe and controlled landfill operations and
guarantee that the landfill is stable and can be proceeded onto under all conditions.
Art. 5.2.4.1.2.
§ 1. The following wastes may not be accepted in a landfill:
21. waste materials for which a landfill prohibition applies by virtue of the decree of 2 July 1981
concerning the prevention of waste and waste material management, and its implementing
decisions;
22. liquid waste or waste materials that do not ensure sufficient strength of ground, with the exception
of
hydraulically transported waste materials that are being deposited with a view to their
dewatering in a dewatering basin established and licensed for this purpose and which
may form part of the landfill site;
waste materials in a paste-like consistency originating from the physico-chemical
immobilisation treatment of wastes with a view to their hardening, insofar as the
depositing of such waste materials has been explicitly permitted in the environmental
licence and subject to compliance with the relevant particular conditions laid down in the
licence
23. waste which, in the conditions prevailing at the landfill, is explosive, corrosive, oxidising,
extremely flammable, highly flammable or flammable, as defined in VLAREA;
24. wastes containing over 0.1% toxic organic substances as indicated by the symbols T+ or T,
expressed in percentage of dry waste;
25. wastes containing 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 88/379/EEC
of 7 June 1988 as amended by Directive 93/18/EEC of 5 April 1993) - expressed in a percentage
of dry waste;
26. wastes of which the leachate (taking into account possible interactions with leachate originating
from other deposited waste materials) might adversely affect the liner or the leachate drainage or
the proper functioning of these.
27. any other type of waste which does not meet the prevailing acceptance criteria.
§ 2. The provisions of § 1 5° above may be diverted from in the environmental licence, if the following
conditions are met:
the waste materials must undergo preliminary treatment to ensure that the toxic compounds
present are converted to less toxic compounds to the best possible extent and to ensure that the
prevailing leaching criteria are observed as well as possible;
the waste materials are deposited in a separate section of the landfill. With the setting up,
operation and completion of that section of the landfill, the necessary measures must be taken to
achieve zero emission in all respects. In particular neither the handling of the waste materials, nor
leachate from them, nor the spreading of dust etc., may give rise to any such emission.
the wastes can only be accepted at the landfill insofar as the depositing of such waste materials has
been explicitly permitted in the environmental licence and subject to compliance with the relevant
particular conditions laid down in the licence.
§ 3. Unless specified otherwise in the environmental licence, the operator of a public landfill within the
restrictions imposed by the licence is to accept waste materials delivered by third parties and originating
from its processing area as set down in the Waste Materials Plan where the landfill is located.
Art. 5.2.4.1.3.
§ 1. Without prejudice to the provisions of article 5.2.4.1.2., at category 1 landfills the following wastes of
mainly inorganic or mineral composition that fulfil the criteria specified hereafter, may be deposited:
28. residues from the incineration and/or other processing of waste materials;
29. hazardous waste that has undergone the necessary preliminary treatment;
30. hazardous asbestos-containing wastes, in particular:
waste materials containing unbonded asbestos fibres, such as spray asbestos, asbestos
insulating material, asbestos dust, including soil materials and other wastes contaminated
with unbonded asbestos fibres in concentrations > 0.1% or in which asbestos flakes are
clearly perceptible;
packaging waste and plastic waste contaminated with asbestos;
waste, such as metal parts, that cannot be shredded and that is coated or clad with
asbestos or an asbestos-containing material;
providing that the following conditions are complied with:
waste materials containing unbonded asbestos fibres or asbestos dust may only be
deposited insofar as the waste materials have been treated in such a way that no asbestos
particles are discharged into the environment. To this end, the wastes are cemented, to
encapsulate the asbestos fibres present in a matrix. The asbestos waste must be
distributed homogeneously in the cemented material. The asbestos flakes or fragments
present in the cemented material may not be larger than 1 cm. The cemented material is
packaged in a dustproof plastic packaging with the required asbestos labelling;
packaging waste and plastic waste contaminated with asbestos must be compacted (to a
density of at least 400 kg/m3). The compacted material is packaged in a dustproof plastic
packaging with the required asbestos labelling;
waste that cannot be shredded and which is coated or clad with asbestos or asbestos-
containing material, is to be packaged in a double-walled dustproof plastic packaging
with the required asbestos labelling;
Asbestos-containing wastes are processed and deposited in such a way that no asbestos
fibres or asbestos dust can be released into the air and that no liquids are spilled that may
contain asbestos fibres or asbestos dust. Any preliminary treatment necessary with a view
to the depositing of the waste must be performed in an establishment that is suitable for
this purpose.
31. non-hazardous industrial wastes and wastes similar to industrial wastes:
inorganic;
organic chemical;
32. special waste materials similar to the industrial wastes specified above because of their nature or
composition;
33. rubble, demolition waste including asbestos cement;
With the delivery and depositing of waste materials consisting of asbestos cement the necessary measures
must be taken to prevent dust formation.
§ 2. The aforementioned waste materials originating from the physico-chemical immobilisation treatment
of wastes may be deposited at the landfill in a paste-like consistency, with a view to their hardening, insofar
as the depositing of such waste materials has been explicitly permitted in the environmental licence and
subject to compliance with the relevant particular conditions laid down in the licence.
§ 3. Without prejudice to the provisions above, the waste materials delivered to category 2 landfill sites
must at all times meet the following criteria:
34. extractable hydrocarbons: <5% by weight of the dry waste;
recommended methods of analysis*:
EPA 9071
AAC 3\R
35. total solvents (non-specific): <3% by weight of the dry waste;
recommended methods of analysis*: AAC 3\Q
36. total extractable organohalogen compounds: <1000 mg per kg of dry waste; recommended
methods of analysis*: AAC 3\N
37. water-soluble fraction: <10% by weight of the dry waste
recommended method of analysis*: loss in weight after extraction according to DIN 38414-S4
38. loss on ignition of the dry component of the waste as a result of the decomposition of organic
substances, with the exception of solid polymers and asphalt: <10% by weight;
or
total organic carbon, with the exception of the carbon contained in solid polymers or asphalt, as a
percentage of the dry component of the waste: < 6 %;
for the implementation of this provisions, solid polymers should be understood as synthetic
materials in solid form, such as foils, granulates, objects, solid fragments;
recommended methods of analysis:
loss on ignition DIN 38414-S3;
AAC2/II/A.2
total organic carbon: AAC2/II/A.7
this criterion does not apply in cases for which Public Waste Agency for the Flemish Region
explicitly grants approval;
39. as regards the shear strength of sludge the following value is used as guide value:
shearing stress < 10 kN/m2
recommended method*:
AAC 2fiIA.4
an equivalent soil-mechanical method
In any event it must be ensured at all times that the landfill site is stable and can be proceeded onto
at all times.
40. leaching behaviour: the leaching behaviour is determined according to the method of analysis
described in the DIN 38414 S4 standard. Waste materials may only be accepted at the landfill if
the eluate complies with the following values:
parameter limit value recommended methods of analysis
DIN 38404-C5
PH 4-13 ISO\DIS\10523
AAC 2\I\A.1
DIN 38409-H16
Phenols (phenol index) < 100 mg/l
ISO 6439
DIN 38405-D18
ISO\DIS 11969 en 11885
Arsenic < 1,0 mg/l
NF T90-119
AAC 2\I\.2
DIN 38406-E6
ISO 8288 en ISO\DIS 11885
Lead < 2,0 mg/l
NF T90-119
AAC 2\I\B.1 en B.2
DIN 38406-E19
ISO 8288 en ISO\DIS\ 11885
Cadmium < 0,5 mg/l
NF T90-119
AAC 2\I\B.1 en B.2
DIN 38405-D24
Chromium VI < 0,5 mg/l ASTM D1687
AAC 2\I\B.6
DIN 38406-E7
ISO 8288 en ISO\DIS 11885
Copper < 10 mg/l
NF T90-119
AAC 2\I\B. 1 en B.2
DIN 38406-E11
ISO 8288 en ISO\DIS 11885
Nickel < 2,0 mg/l
NF T90-119
AAC 2\I\B.1 en B.2
DIN 38406-E12
Mercury < 0,1 mg/l ISO 5666/1-2 en 5666-3
AAC 2\I\B.3
DIN 38406-E8
Zinc < 10 mg/l
AAC 2\I\B.1 en B.2
ISO 10359-1 en 10304-1
Fluoride < 50 mg/l DIN 38405-D4
AAC 2\I\C.1
ISO 7150-1 en 7150-2
Ammonium < 1,0 g/l DIN 38406-E5
AAC 2\I\B.4
DIN 38405-D14
Cyanide (total) < 1,0 mg/l ISO 6703-1
AAC 2\I\C.2
ISO 6777 en 10304-1
Nitrites < 30 mg/l
AAC 2\I\C.3
recommended methods of analysis*:
if new editions of the specified standards are published, these new editions apply;
AAC stands for "AfvalstoffenAnalyseCompendium" (= compendium of waste materials
analysis) (published by the Public Waste Agency for the Flemish Region).
For heavy metals, the concentration value comprises both the metal itself and its compounds
expressed in the metal.
Waste materials that do not comply with the limit values for the water-soluble fraction and/or the
aforementioned leaching criteria, even after the implementation of the best available techniques
concerning leachate management, can still be accepted at the landfill site on the condition that
these wastes are deposited in salt cell conditions. Salt cell conditions should be understood as the
physical shielding under the best conditions of the waste materials from the leachate. These wastes
can only be accepted at the landfill insofar as the depositing of such waste materials has been
explicitly permitted in the environmental licence and subject to compliance with the relevant
particular conditions laid down in the licence.
§ 4. The deposition at category 1 landfill sites of the following waste materials is prohibited:
household wastes and wastes comparable with household wastes;
industrial wastes comparable to household wastes because of their nature and composition;
§ 5. As a limitation to § 1 at category 1 landfill sites only those wastes may be accepted which are
explicitly permitted in the environmental licence. If it is not specified in the environmental licence which
waste materials can be deposited, the licence is limited to the waste materials indicated in the application
for the licence.
Art. 5.2.4.1.4.
§ 1. Without prejudice to the provisions of article 5.2.4.1.2. and insofar as explicit provisions are made in
the environmental licence, at category 2 landfill sites household wastes or other wastes that meet the
following conditions may be deposited:
waste materials that are composed mainly of easily biodegradable substances or of substances that
do not or hardly leach out during biological decomposition;
waste materials that do not give rise to adverse consequences to the environment or to the
operation of the landfill site when exposed to the process of biological decomposition.
This concerns the following waste materials in particular:
41. household wastes collected by (order of) the municipality through the regular kerb collection, with
the exception of the waste materials collected or dropped off separately in view of the recycling
regulations;
42. waste materials equated with household wastes;
43. industrial wastes comparable to household wastes because of their nature or composition;
44. the following waste materials:
wastes with sufficient shear strength, originating from domestic grease traps; wastes with
sufficient shear strength originating from the normal maintenance of public sewer
systems;
sand and grit originating from sewage treatment plants;
sludge originating from the treatment or preparation of drinking water;
sewage sludge originating from the biological treatment of waste water and sewage
water;
bottom ash originating from the incineration of household wastes, with the exception of
the fly ash and other waste materials originating from the flue gas treatment;
45. other biodegradable wastes originating from the food industry; (public) garden waste, tree stumps
and roots;
46. rubble, demolition waste including asbestos cement;
With the delivery and depositing of waste materials consisting of asbestos cement the necessary
measures must be taken to prevent dust formation.
47. non-hazardous medical waste, originating from medical practice.
§ 2. Without prejudice to the provisions above, the waste materials delivered to category 2 landfill sites
must at all times meet the following criteria:
48. extractable mineral hydrocarbons: < 2% by weight of the dry waste;
recommended method of analysis*: AAC 3\R
49. total solvents (non-specific): < 1% by weight of the dry waste;
recommended method of analysis*: AAC 3\Q
50. total extractable organohalogen compounds: < 1000 mg per kg of dry waste;
recommended method of analysis*: AAC 3\N
51. water-soluble fraction: < 5% by weight of the dry waste
recommended method of analysis*: loss in weight after extraction according to DIN 38414-S4
52. as regards the shear strength of sludge the following value is used as guide value: shearing stress <
10 kN/m2
recommended method*:
AAC 2\II\A.4
an equivalent soil-mechanical method
In any event it must be ensured at all times that the landfill site is stable and can be proceeded onto
at all times.
53. leaching behaviour: the leaching behaviour is determined according to the method of analysis
described in the DIN 38414 S4 standard. Waste materials may only be accepted at the landfill if
the eluate complies with the following values:
parameter limit value recommended methods of analysis
DIN 38409-H16
Phenols (phenol index) < 100 mg/l
ISO 6439
DIN 38405-D18
ISO\DIS 11969 en 11885
Arsenic < 1,0 mg/l
NF T90-119
AAC 2\I\B.2
DIN 38406-E6
ISO 8288 en ISO\DIS 11885
Lead < 2,0 mg/l
NF T90-119
AAC 2\I\B.1 en B.2
DIN 38406-E19
ISO 8288 en ISO\DIS\ 11885
Cadmium < 0,5 mg/l
NF T90-119
AAC 2\I\B.1 en B.2
DIN 38405-D24
Chromium VI < 0,5 mg/l ASTM D1687
AAC 2\I\B.6
DIN 38406-E7
ISO 8288 en ISO\DIS 11885
Copper < 10 mg/l
NF T90-119
AAC 2\I\B.1 en B.2
DIN 38406-E11
ISO 8288 en ISO\DIS 11885
Nickel < 2,0 mg/l
NF T90-119
AAC 2\I\B.1 en B.2
DIN 38406-E12
Mercury < 0,1 mg/l ISO 5666/1-2 en 5666-3
AAC 2\I\B.3
DIN 38406-E8
Zinc < 10 mg/l
AAC 2\I\B.1 en B.2
ISO 10359-1 en 10304-1
Fluoride < 50 mg/l DIN 38405-D4
AAC 2\I\C.1
ISO 9297 en 10304-1
chlorides < 1,0 g/l DIN 38405-D1
AAC 2\I\C.3
DIN 38405-D14
Cyanide (total) < 1,0 mg/l ISO 6703-1
AAC 2\I\C.2
ISO 9280 en 10304-1
sulphates < 1,0 g/l DIN 38405-D5
AAC 2\I\C.3
ISO 6777 en 10304-1
Nitrites < 30 mg/l
AAC 2\I\C.3
recommended methods of analysis*:
if new editions of the specified standards are published, these new editions apply;
AAC stands for "AfvalstoffenAnalyseCompendium" (= compendium of waste materials
analysis) (published by: the Public Waste Agency for the Flemish Region).
For heavy metals, the concentration value comprises both the metal itself and its compounds
expressed in the metal.
Except for the waste materials mentioned under § 1 4, it may be assumed that the acceptance
criteria are met on the basis of the nature and source of the waste materials.
§ 3. The deposition at category 2 landfill sites of the following waste materials is prohibited:
hazardous wastes, irrespective of the source;
waste materials collected separately in view of the recycling regulations;
§ 4. As a limitation to § 1 at category 2 landfill sites only those wastes may be accepted which are
explicitly permitted in the environmental licence. If it is not specified in the environmental licence which
waste materials can be deposited, the licence is limited to the waste materials indicated in the application
for the licence.
Art. 5.2.4.1.5.
§ 1. Without prejudice to the provisions of article 5.2.4.1.2. and insofar as they have been explicitly
indicated in the environmental licence, strictly inert wastes that cannot cause detrimental consequences for
the environment either by leaching out, by interaction with biological processes or as a result of natural
phenomena, may be deposited at category 3 landfill sites.
This concerns the following waste materials in particular:
bbb. waste materials originating from the construction, demolition, repair and maintenance of
buildings, roads, structures and engineering structures, with the exception of waste materials
containing unbonded asbestos fibres or asbestos dust, asphalt, wood, plastic and other synthetic
materials used in the building trade;
ccc. waste materials originating from the excavation of materials or substances in their natural state,
insofar as these materials originate from geological deposits belonging to the Tertiary or
Quaternary periods (deposits of sand, clay, loam, marl and gravel);
§ 2. As a limitation to § 1 at category 3 landfill sites only those wastes may be accepted which are
explicitly permitted in the environmental licence. If it is not specified in the environmental licence which
waste materials can be deposited, the licence is limited to the waste materials indicated in the application
for the licence.
Art. 5.2.4.1.6.
§ 1. The operator holds the responsibility for the acceptance of the cover materials at the landfill site.
§ 2. The quantities of cover material delivered must also be recorded in the register.
Subsection 5.2.4.2.
Work plan
Art. 5.2.4.2.1.
§ 1. According to the nature of the landfill site, the general work plan must contain the following additional
information:
56. layout of the available area with division in deposit cells;
57. 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;
58. the methods to be followed for deposition and compaction;
59. the thickness of the layers of waste for the application of the intermediary and final covers;
60. the length of the deposition front;
61. the organisation of the delivery and storage of cover materials;
62. the drainage plan detailing the outline and the organisation of the measures related to leachate
processing;
63. the layout, dimensions and operating cycle of the leachate treatment plant, with a view to
compliance with the effluent standards imposed;
64. the measures to ensure the stability of the deposited waste, cover materials and top soil cover;
65. the landfill gas collection system plan detailing the outline and the organisation of the measures
related to the processing of the landfill gas released;
66. the drainage plan for the landfill site, detailing the outline and the organisation of the measures
related to the drainage of excess water;
67. the monitoring and control plan
§ 2. The work plan must have been approved by the supervisory authority. The approved work plan is to be
followed up by the supervisory official.
Subsection 5.2.4.3.
Design and infrastructure of the landfill site
Article 5.2.4.3.1.
§ 1. A landfill must be situated and designed so as to meet the necessary conditions for preventing pollution
of the soil, groundwater or surface water and ensuring efficient collection of leachate as and when required
by regulations. Protection of soil, groundwater and surface water is to 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 a top liner during the aftercare 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 relevant conditions of the licence.
The aforementioned observations are established in writing in the official report providing for the
acceptance of the landfill site and the explicit permission to commence landfill activities. This will not
reduce in any way the responsibility of the operator under the conditions of the permit.
Art. 5.2.4.3.2.
§ 1. Prior to the establishment of a category 1, 2 or 3 landfill site, the operator is to present the results of a
general hydrogeological survey and also a stability survey concerning the site and the surrounding land to
the Public Waste Agency for the Flemish Region (OVAM) for approval. A copy of these surveys is also
delivered to the supervisory authority. The Public Waste Agency for the Flemish Region presents its
approval and any further remarks to the supervisory authority in writing.
The Public Waste Agency for the Flemish Region (OVAM) is to be involved with the performance of the
survey.
§ 2. The hydrogeological survey should at least provide sufficient insight into:
68. The general geological situation:
geological structure;
precise granulometric and lithological characteristics of the different formations.
69. The general hydrogeological situation:
an elaborate description of all hydrogeological characteristics of the aquifers (including
hydraulic conductivity, transmissivity, storage capacity);
determination of groundwater flow rates and directions;
specification and description of the impermeable layers;
analysis of piezometric observations.
The different hydrogeological characteristics are to be determined and/or calculated on
the basis of measurements such as water table measurements and well pump tests
performed at the site itself.
70. Physico-chemical characteristics of the groundwater:
the chemical composition of the respective groundwater tables at the site must be
determined on the basis of reference observations.
71. The location of any groundwater abstraction points in the surrounding land and any possible
influence on them from the activities at the site.
72. A stability survey concerning the site itself and the surrounding area:
calculation of possible subsidence and settlement of the landfill and the subsoil;
the possible influence of any subsidence and settlement on cover layers, drainage
systems, slopes;
calculation of the height and design of the deposit area, the structure and layout of the
liner and the drainage systems, to ensure the continued stability of the landfill site and
integrity of the liner and the drainage systems.
The stability survey is made on the basis of soil-drilling tests at the site itself.
73. General conclusion.
Art. 5.2.4.3.3.
§ 1. For landfill sites of categories 1 and 2 a layout plan is prepared by an expert recognised by the
supervisory authority in accordance with the results of the hydrogeological survey and the stability survey,
before the commencement of the setting up of the landfill. This layout plan is to be submitted for approval
to the supervisory authority. The layout plan of the landfill site comprises:
filling, levelling and profile plans;
structure and layout of the drainage systems with liners (dimensions and materials to be used);
for ground level landfills: construction of the trench bunds (dimensions and materials to be used);
structure and layout of the top liner and protective layers (materials to be used);
§ 2 The following preparatory infrastructure works are carried out successively, in accordance with the
approved work plan:
74. preparatory earthwork;
75. the application of the liner
76. for ground level landfills: the construction of the trench bunds
77. the installation of a leak detection system
78. the installation of a leachate drainage system.
These works are carried out under the supervision of an expert recognised by the supervisory authority.
After completion this expert compiles a report in which he certifies the conformity of the work with the
approved layout plan. The report is presented to the supervisory authority. The final approval of the setting
up of the landfill is included in the official report, as referred to in article 5.2.4.3.1 § 2.
§ 3. The preparatory earthwork comprises the cleaning, levelling, profiling and compacting of the land.
§ 4. The liner:
The liner comprises a geological barrier and an artificial bottom liner.
1. the geological barrier
The landfill base and sides shall consist of a mineral layer which satisfies 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 5 metre-thick quasi-impermeable layer and with a K value
smaller than or equal to 1.0 × 10-9 m/s.
The homogenous quasi-impermeable layer referred to above may be an in situ natural layer if the
geological circumstances at the site offers sufficient guarantees as regards impermeability. The
impermeability must be circumstantiated by the applicant and must be accepted by the supervisory
authority. In any event the natural conditions must offer sufficient guarantees that any pollution of ground
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 reinforced artificially
by other means giving equivalent protection. An artificially established geological barrier should be no less
than 0,5 metres thick.
2. The artificial bottom liner
The synthetic liner consisting of welded foil sheets between adapted protective layers is placed both on the
bottom and the sides of catergory 1 and 2 landfill sites. The foil used must at least be equivalent to a 2.5
mm-thick HDPE-foil.
§ 5. With ground level landfills, the complete deposit area must be enclosed by embankments. These
embankments must be sufficiently wide and high. The embankment body must be made up of homogenous
material that has been sufficiently compacted. The embankments are constructed according to the progress
of the landfill activities as indicated in the approved work plan. A liner as described in § 3 is placed on the
inner slope of the embankments and - if this proves necessary - also on the crest. The outer slope of the
embankments is to be sown with grass.
§ 6. Between the quasi-impermeable layer and the synthetic foil liner a leak detection system must be fitted.
The leak detection system must enable the detection of leaks in the synthetic liner so they can be repaired.
In any event the leak detection system must enable the monitoring of the leakproofness of the synthetic
liner during the bringing into use and for a period of five years after the bringing into use of the section of
the landfill concerned, with a view to locate any leaks that occur.
§ 7. A leachate drainage system consisting of a pipe system with discharge wells or another equivalent
system, is installed on the bottom, above the liner. This leachate drainage system is installed in a permeable
layer with a thickness of at least 0.4 metres. The drainage system is constructed in such a way that regular
flushing out of the drainage pipes is possible during site operation.
§ 8. The drainage systems as referred to in § 7 above is constructed in such a way that, taking into account
the results of the stability survey, the proper functioning of the system is ensured at all times. The strength
of the drainage pipes used corresponds to the results of the stability survey. The design of the drainage
system as regards dimensions and selection of materials takes into account the expected quantities and
composition of the leachate from the site. The drainage system is protected against clogging by the
installation of adapted protective layers.
If necessary to ensure the prompt evacuation of the leachate, with the further addition of layers of waste to
the landfill additional drainage layers (both horizontal and/or vertical) must be provided.
§ 9. The performance of the preparatory infrastructure works can be phased in accordance with the
approved layout plan.
Art. 5.2.4.3.4
§ 1. For category 3 landfill sites a layout plan is prepared by an expert recognised by the supervisory
authority in accordance with the results of the hydrogeological survey and the stability survey, before the
commencement of the setting up of the landfill. This layout plan is to be submitted for approval to the
supervisory authority. The layout plan of the landfill site comprises:
filling, levelling and profile plans;
for ground level landfills: construction of the trench bunds (dimensions and materials to be used);
structure and layout of the top liner and protective layers (materials to be used);
§ 2. The following preparatory infrastructure works are carried out successively, in accordance with the
approved work plan:
79. preparatory earthwork;
80. if not naturally present: the application of the liner
81. for ground level landfills: the construction of the trench bunds
These works are carried out under the supervision of an expert recognised by the supervisory authority.
After completion this expert compiles a report in which he certifies the conformity of the work with the
approved layout plan. The report is presented to the supervisory authority. The final approval of the setting
up of the landfill is included in the official report, as referred to in article 5.2.4.3.1 § 2.
§ 3. The preparatory earthwork comprises the cleaning, levelling, profiling and the compacting of the land
in accordance with the approved work plan.
§ 4. The liner
The liner comprises a geological barrier. The landfill base and sides shall consist of a mineral layer which
satisfies 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 quasi-
impermeable layer and with a K value smaller than or equal to 1.0 × 10-7 m/s;
The homogenous quasi-impermeable layer referred to above may be an in situ natural layer if the
geological circumstances at the site offers sufficient guarantees as regards impermeability. The
impermeability must be circumstantiated by the applicant and must be accepted by the supervisory
authority. In any event the natural conditions must offer sufficient guarantees that any pollution of ground
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. An artificially established geological barrier
should be no less than 0,5 metres thick.
§ 5. With ground level landfills, the complete deposit area must be enclosed by embankments. These
embankments must be sufficiently wide and high. The embankment body must be made up of homogenous
material that has been sufficiently compacted. The embankments are constructed according to the progress
of the landfill activities as indicated in the approved work plan. The outer slope of the embankment is sown
with grass.
Subsection 5.2.4.4.
Operation of the establishment
Art. 5.2.4.4.1.
§ 1. The setting up at the exit of the landfill of an installation for washing the wheels of vehicles may be
imposed in the environmental licence. This installation may be either manually operated or automatic. In
such cases, the operator is to enforce the washing of the wheels.
§ 2. The penetration of groundwater or surface runoff from adjacent parcels must be prevented. This may
be done by constructing a seepage ditch around the landfill site, or a drainage system. The depth and
location of the seepage ditch or the design of the drainage system is determined on the basis of the
hydrogeological situation of the site as it appears from the hydrogeological survey and/or the application
dossier, and may possibly be further specified in the environmental licence.
§ 3. Unless specified otherwise in the environmental licence, for each waste deposition front at least 200 m3
of cover material must be kept available at landfills of categories 1 and 2.
Art. 5.2.4.4.2.
§ 1. The landfill is set up with slightly inclined dry layers of waste, in accordance with the approved work
plan.
§ 2. No waste is to be tipped in water, unless an exception is granted in the environmental licence for
mono-landfills allowing waste to be tipped in water other than surface water as meant in the law of 26
March 1971 on the protection of surface waters against pollution.
§ 3. The delivered waste is tipped using specially adapted waste-moving machines. The compaction of
household wastes is effected in thin layers using an adapted waste compactor, in order to achieve a
compaction that is as efficient as possible.
§ 4. The waste deposit area is restricted by the capacity of the waste-moving machine ('crawler') used and
by the waste deposition front. It is specified in the work plan.
§ 5. Unless specified otherwise in the environmental licence, the height of each of the waste layers should
not exceed 2.5 metres.
§ 6. To limit dust formation and litter, it is prohibited to tip waste materials from a height of over 3 metres.
Art. 5.2.4.4.3.
§ 1. At a category 3 landfill site the separation or sorting of waste 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 must be stored in orderly and safe fashion on designated floor
surfaces or in containers, insofar as this does not give rise to nuisance.
Art. 5.2.4.4.4.
§ 1. In category 1 and 2 landfills, to prevent litter and nuisance caused by dust or odour, each waste layer is
to be covered with an intermediary cover layer having a thickness of at least 0.2 metres.
At the end of the working day all deposited waste must be covered with an intermediary cover that must be
at least 0.2 metres thick. Malodorous substances are to be covered without delay.
If subsidence, cracks, slides, holes, or places where the waste is not covered appear, these should be
covered with intermediary cover material on the day they are discovered.
§ 2. For the intermediary cover, preferably use is to be 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 can be
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 establishment of the intermediary cover the operator must have an adapted earth-moving
machine at his continuous disposal.
§ 4. The storage of the material to be used for the intermediary cover layers may not cause nuisance.
Art. 5.2.4.4.5.
§ 1. Any pollution of ground, surface water and/or groundwater as a result of the operation of the landfill
site must be prevented at all times.
§ 2. Any excess non-contaminated rainwater or surface runoff must be collected and drained away.
§ 3. The leachate produced is to be pumped away continuously. The water level in the leachate collection
wells may never be higher than half the height of the lowest drain pipes discharging into the wells.
§ 4. The recirculation of leachate or other excess water by spraying it over the landfill is prohibited.
§ 5. Excess contaminated surface runoff and leachate must be pumped over to an impermeable reservoir
continually. The capacity of this reservoir must be calculated so that at all times the quantity of leachate
produced can be stored. Measures are taken to prevent the water in the reservoir from causing a nuisance
for the surrounding area. Technical alternatives may be allowed in the environmental licence.
§ 6. If necessary, an adapted water treatment plant must be built, in keeping with the quality of the water to
be discharged and with the conditions set for the discharge.
§ 7. The water treatment plant is constructed in such a way that any and all pollution of soil and
groundwater is prevented. The reservoirs and treatment basins are made impervious. The water treatment
system is designed in such a way that in any event it is prevented at all times that water which does not
meet the effluent standards would be discharged.
§ 8. The products required for water treatment are stored in a space that can be locked and that fulfils the
requirements for the storage of such products.
§ 9. The drainage of the filled deposit cells is effected in such a way that rainwater can run off or can be
pumped out without being contaminated.
Art. 5.2.4.4.6.
§ 1. Adequate measures are taken to ensure the controlled evacuation of the landfill gas formed and to
prevent any uncontrolled accumulation of it.
§ 2. Landfill gas shall be collected from all landfills receiving or having received biodegradable waste and
the landfill gas must be treated and used. To this end prior to the establishment of the top liner a gas
drainage system must be installed. The gas drainage system may be made up of horizontal and/or vertical
drainage pipes. If this proves necessary the pipes must be placed in a drainage layer. The gas drainage
system is designed in such a way that all of the landfill gas released is collected and removed in a safe way.
The gas drainage system must be approved by an expert recognised by the supervisory authority.
§ 3. The collection, treatment and use of landfill gas shall be carried on in a manner which minimises
damage to or deterioration of the environment and risk to human health.
Preferably, the collected landfill gas is to be utilised as an energy source. If utilisation is not practicable the
landfill gas is to be flared using an adapted flare. [If it is not valorised, no later than 1 July 2004 or before
the bringing into use of the installation the operator will have a study take place of the technical-economic
feasibility of the valorisation of the landfill gas as a source of energy. The study will be conducted by an
environmental expert accredited in the discipline air. The operator will submit the study to the
Environmental Licence Department before 1 July 2004 or before bringing the installation into use. To the
extent it appears from the study that landfill gas valorisation is feasible from a technical-economic
standpoint, this must be installed by 30 June 2005.]
Sentences added in §3 by Art. 19. by Art. 15. Decision 28 November 2003 (O.J. 13 February 2004), date of
commencement: 1 April 2004
Subsection 5.2.4.5.
Closure procedures and aftercare
Art. 5.2.4.5.1.
§ 1. The operator informs the supervisory official in writing of the date of the final termination of the
landfill activities in a deposit cell within one month after the termination of the landfill activities.
§ 2. For a landfill or part of it the closure procedures must be commenced when:
82. either the landfill or part of it has reached full capacity;
83. or the operator of the landfill site decides to proceed to the closure as a departure from his work
plan, subject to the supervisory official's written approval;
84. or the licensing authorities decide to proceed to the closure;
85. or on the expiry of the term of licence, if no renewal of the environmental licence was obtained.
§ 3. With category 1 and 2 landfills, to prevent the infiltration of water, a top liner must be placed as soon
as possible.
§ 4. The complete closure must be achieved at the latest one year after the date referred to in § 1. Taking
into account stabilisation and settlement, for category 1 and 2 landfills other time limits can be set down in
the environmental licence.
§ 5. A landfill or part of it is only regarded completely finished if the supervisory authority - after carrying
out a final on-site inspection and after the evaluation of all reports made available by the operator - has
drawn up an official report on the definitive closure of the landfill.
The supervisory authority delivers a copy of this official report to the operator. This shall not in any way
reduce the responsibility of the operator under the conditions of the permit.
§ 6. After a landfill has been definitely closed, the operator shall remain responsible for its maintenance,
monitoring and control in the aftercare phase for as long as may be required by the licensing authority,
taking into account the time during which the landfill could present hazards.
For as long as the competent authority considers that a landfill is likely to cause a hazard to the
environment and without prejudice to any other legislation as regards the liability of the waste holder, the
operator of the site shall be responsible for monitoring and analysing landfill gas and leachate from the site
and the groundwater regime in the vicinity of the site.
The operator shall notify the supervisory authority and the Public Waste Agency for the Flemish Region of
any significant adverse environmental effects revealed by the monitoring procedures and shall follow the
decision of the competent authority on the nature and timing of the corrective measures to be taken;
Art. 5.2.4.5.2
§ 1. At category 1 and 2 landfills, to prevent water from infiltrating the landfill site and to integrate the site
in its environment, a top liner and a final cover are added above the intermediary cover in deposit cells
where the landfill activities have been terminated.
Before commencing the closure procedures, for category 1 and 2 landfills, a preparatory and final closure
plan is to be formulated by an expert recognised by the supervisory authority, which is to be submitted for
approval to the supervisory authority. The preparatory and final closure plan for the landfill site comprises:
filling, levelling and profile plans;
structure and layout of the drainage systems with liners (dimensions and materials to be used);
structure and layout of the top liner and protective layers (materials to be used);
structure and layout of the final cover (materials to be used);
These works are carried out under the supervision of an expert recognised by the supervisory authority.
After completion this expert compiles a report in which he certifies the conformity of the work with the
approved closure plan. The report is presented to the supervisory authority. The final approval of the
closure procedures for the landfill is included in the official report, as referred to in article 5.2.4.5.1.
§ 2. The top liner:
1. can consist of a homogenous layer of quasi-impermeable ground material covered with a synthetic liner
of welded foil sheets placed between adapted protective layers.
the quasi-impermeable layer is to be spread as a continuous layer over the full area of the landfill
site. With respect to permeability, the quasi-impermeable layer must be equivalent to a 0.5 metre-
thick layer with a k-value smaller than or equal to 1 × 1-10 m/s.
the foil used must at least be equivalent to a 2.5 mm-thick HDPE-foil.<
2. may be realised using other methods and forms of construction, for which the approval of the
supervisory authority is required. The applicant must prove the soundness of the method or construction he
proposes. Any other form of construction proposed must at least be equivalent to the double top liner
described in point 1 above.
A light gradient in accordance with the drainage plan is indispensable to enable rainwater runoff.
§ 3. The final cover is established on top of the top liner. The final cover comprises a drainage layer with a
thickness of at least 0.5 metres, consisting of materials such as rough crushed stone and sand. The drainage
layer contains the necessary protective layers to prevent clogging. On top of the drainage layer a top soil
cover with a thickness of at least 1 metre is established. If this proves necessary surface drains are made in
the top soil cover. The drainage layer may be replaced by an alternative drainage system. In any event the
total thickness of the final cover must be at least 1.5 metres.
§ 4. Grass is to be sown as soon as possible on the parts of the landfill where the final cover has been
established.
§ 5. The vegetation may not be able to damage the top liner. Unless specified otherwise in the
environmental licence, the development of tall vegetation must be prevented.
§ 6. In keeping with the land-use designation of the site, additional conditions for the closure of the landfill
may be imposed in the environmental licence.
Art. 5.2.4.5.3.
§ 1. In category 3 landfills, on deposit cells that have been definitively filled in accordance with the
approved work plan, the final cover is to be established. Before commencing the closure procedures for
category 3 landfills, a preparatory and final closure plan is to be formulated, which is to be submitted for
approval to the supervisory authority. The preparatory and final closure plan for the landfill site comprises:
filling, levelling and profile plans;
structure and layout of the top liner and final cover (materials to be used);
The final cover consists of a top soil cover with a thickness of at least 1 metre. If this proves necessary
surface drains are made in the top soil cover. Prior to the establishment of the final cover the filled deposit
cells must be levelled in accordance with the approved work plan. The levelled top cover with a thickness
of at least 0.5 metres should only contain coarse-grain materials.
§ 2. Grass is to be sown as soon as possible on the parts of the landfill where the final cover has been
established.
§ 3. In keeping with the land-use designation of the site, additional conditions for the closure of the landfill
may be imposed in the environmental licence.
§ 4. The final approval of the closure procedures for the landfill is included in the official report, as referred
to in article 5.2.4.5.1.
Art. 5.2.4.5.4.
§ 1. The aftercare period for category 1, 2 and 3 landfill sites is at least 30 years. The aftercare period
commences on the date of the supervisory official's official report recording the final closure of the landfill
site. The licensing authorities can extend the aftercare period at the request of the supervisory authority or
of the Public Waste Agency for the Flemish Region (OVAM), and on the basis of the evolution of
groundwater quality, the behaviour of the landfill site, settlement, leachate or landfill gas production, or
other occurrences and events that are harmful to the environment.
§ 2. The aftercare activities consist of at least the following points:
86. the upkeep and maintenance of the following infrastructure:
enclosure and entrance gates;
internal roads at the closed landfill site;
87. management of the vegetation;
88. regular verification of the state of the top covers, embankments and slopes, checking for the
occurrence of settlement and erosion and including any repair work required;
89. the upkeep and maintenance of drainage systems, including pumping out and treatment of any
leachate still produced;
90. the upkeep, maintenance and operation of the degassing infrastructure, including the flare;
91. the upkeep and maintenance of the measuring wells for groundwater, including the checks and
measurements imposed in the licence;
92. annual reporting as imposed in the licence.
§ 3. Before the completion of the final closure of the landfill site, the operator shall submit an aftercare plan
for approval. The aftercare plan must include at least the following points:
a schedule for the performance of the checks and measurements imposed in the licence;
a work plan for the performance of the aftercare activities specified under § 2 above.
§ 4. As regards the monitoring and measurements of the groundwater, the aftercare plan must be approved
by the Public Waste Agency for the Flemish Region (OVAM). With respect to all other points, the approval
of the supervisory authority is required.
§ 5. The approved aftercare plan forms part of the supervisory official's official report recording the final
closure of the landfill site.
§ 6. The operator shall notify the supervisory authority and the Public Waste Agency for the Flemish
Region of any significant adverse environmental effects revealed by the monitoring procedures and shall
follow the decision of the competent authority on the nature and timing of the corrective measures to be
taken. These measures, to be paid for by the operator, must be approved by the Public Waste Agency for
the Flemish Region (OVAM) or by the supervisory authority, depending on whether groundwater or other
aspects are concerned. If the operator does not carry out or have carried out the proposed measures (that
may have been modified during the approval process) within the time specified, the Public Waste Agency
for the Flemish Region (OVAM) may order the measures to be carried out at the operator's expense.
Subsection 5.2.4.6.
Control and monitoring procedures in operation and aftercare phases
Art. 5.2.4.6.1.
§ 1. The purpose of this subsection is to provide the minimum procedures for monitoring to be carried out
to check:
that waste has been accepted to disposal in accordance with the criteria set for the category of
landfill in question;
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 fulfilled.
§ 2. During the operational and aftercare phases the operator of a landfill shall carry out a control and
monitoring programme as specified below;
§ 3. The operator shall notify the supervisory authority and the Public Waste Agency for the Flemish
Region of any significant adverse environmental effects revealed by the control and monitoring procedures
and shall follow the decision of the supervisory authority on the nature and timing of the corrective
measures to be taken. These measures shall be undertaken at the expense of the operator.
§ 4. The analyses within the framework of the control and monitoring procedures must be carried out by an
accredited laboratory.
If the operator has the analyses for the acceptance of the waste materials carried out under his own
management, he must obtain an accreditation to do so.
The procedures, methods and equipment for the measurements of landfill gas, leachate and groundwater are
to be approved by the supervisory authorities. The methods used for sampling and measuring are approved
beforehand by a laboratory accredited in the matter, unless the sampling and measuring is carried out by
such a laboratory accredited in the matter. The same applies for the location of the sampling or the
measurement point. Gas monitoring must be representative for each section of the landfill.
Art. 5.2.4.6.2. water, leachate and gas control
Sampling of leachate and surface water if present must be collected at representative points. Sampling and
measuring (volume and composition) of leachate must be performed separately at each point at which
leachate is discharged from the site. Monitoring of any surface water present shall be carried out at not less
than two points, one upstream from the landfill site and one downstream.
Gas monitoring must be representative for each section of the landfill.
For leachate and water, a sample, representative of the average composition, shall be taken for monitoring.
With category 1 and 2 landfills the leachate is to be sampled and analysed by an accredited laboratory at the
intervals given in the table below. The treated leachate that is discharged is to be sampled and analysed at
least once per month. These checks (sampling and analyses) are continued throughout the aftercare period
for as long as leachate is being produced. The analyses to be made include at least the general quality
parameters for groundwater (temperature, pH, conductivity, normal cations and anions), complemented by
analyses for 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 to be approved by the Public Waste Agency for
the Flemish Region (OVAM).
At landfills where active degassing takes place, the composition of the landfill gas is determined at the
intervals given in the table below.
Operation Aftercare
phase phase
1,3
1.1 Leachate quantity Monthly Half-yearly3
2 3
1.2 Leachate composition Quarterly Half-yearly
7 3
1.3 Quantity and composition of the surface water Quarterly Half-yearly
2.4 Potential gas emissions and atmospheric pressure 4 (CH4, CO2, O2, H2S, H2, 1, 5
Monthly Half-yearly6
enz...)
Notes
(1) The frequency of sampling can be adjusted on the basis of the morphology of the landfill waste: in
tumulus, buried, etc. This has to be mentioned 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 mentioned 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 would be equally effective, these
intervals can be adjusted. The conductivity of percolates must be 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 must be 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 the drawing up of 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 Aftercare phase
1.1 Precipitation Daily Daily values, added up to monthly values
1.2 Temperature min. max., 14:00 h (MET) Daily Monthly average
1.3 Prevailing wind direction and force Daily Not required
1
1.4 Evaporation lysimeter ( ) Daily Daily values, added up to monthly values
1.5 Atmospheric humidity 14:00 h (MET) Daily Monthly average
1
( ) or using another appropriate method
Art. 5.2.4.6.3. protection of groundwater
§ 1. For every aquifer that may be affected by the landfill site, before the commencement of the landfill
activities at least three measuring wells (with level marks) for groundwater must be provided (at least one
measuring well must be located in the groundwater inflow region and two measuring wells in the outflow
region for the landfill area). This number can be increased on the basis of a specific hydrogeological survey
and the need for an early identification of accidental leachate release in the groundwater. The measuring
wells must enable a representative determination of the local groundwater quality and of how this quality is
affected by the landfill site. The number of measuring wells, their precise location and technical
characteristics are determined in consultation with the Public Waste Agency for the Flemish Region
(OVAM) on the basis of the hydrogeological situation of the land such as it appears from the
hydrogeological survey and/or from the dossier of the application for the licence, and may be further
specified in the environmental licence.
§ 2. The various measuring wells are identified clearly. A level mark - with indication of the corresponding
TAW level (TAW = Tweede Algemene Waterpassing, the Belgian reference level plane for the indication
of heights) or of a level referring to another topographical point of reference - is indicated clearly. A level
mark - with indication of the corresponding TAW-level (TAW = Tweede Algemene Waterpassing, the
Belgian reference level plane for the indication of heights) or of a level referring to another topographical
point of reference - is indicated clearly. The measuring wells are to be locked.
§ 3. The public Flemish waste materials corporation (OVAM) is informed in time of the construction of
these measuring wells, to enable its representative to be present. With the construction of each of the
measuring wells the foreman driller is to draw up a technical report in accordance with the guidelines from
the public Flemish waste materials corporation (OVAM).
§ 4. After construction, a pumping test must be carried out for the new measuring wells. The pumping tests
are to be carried out in accordance with the guidelines from the public Flemish waste materials corporation
(OVAM).
§ 5. For each of the measuring wells a technical information sheet is drawn up, summarising all technical
information concerning the construction of the well and the pumping test carried out. This technical
information sheet is to be drawn up in accordance with the guidelines from the public Flemish waste
materials corporation (OVAM).
§ 6. Before commencement of landfill operations, the groundwater quality datum level is to be established.
No sooner than one week after the pumping test samples must be taken at the various measuring wells. A
complete analysis must be made of these samples, in accordance with the guidelines of the Public Waste
Agency for the Flemish Region (OVAM). Sampling must be carried out in at least three locations before
the filling operations in order to establish reference values for future sampling. The measurements and
analyses are to be performed by a laboratory that is accredited in this discipline. The ground water level is
measured. The analysis results are considered to be the datum level.
§ 7. The technical information sheet that has been drawn up for each of the measuring wells, is sent to the
supervisory authority and to the Public Waste Agency for the Flemish Region (OVAM).
§ 8. At the operator's expense, before the commencement of the landfill activities and subsequently at the
intervals given in the table below, the groundwater levels in wells are measured by an accredited laboratory
and water samples are taken from the measuring wells for analysis by an accredited laboratory. The
sampling is carried out for the first time before the commencement of the landfill activities and at least one
week after the performance of the pumping tests. The analysis reports are sent to the operator and to the
supervisory authority. These checks (sampling and analyses) are continued throughout the aftercare period.
The public Flemish waste materials corporation (OVAM) may impose the performance of annual checks
even after this period.
§ 9. The analyses to be made include at least the general quality parameters for groundwater (temperature,
pH, conductivity, normal cations and anions), complemented by analyses for the relevant pollution
parameters (heavy metals, organic substances) set down on the basis of the composition of the leachate.
The list of parameters to be determined in the analyses is to be approved by the Public Waste Agency for
the Flemish Region (OVAM).
In selecting the parameters for analysis account should be taken of mobility in the groundwater zone.
Parameters could include indicator parameters in order to ensure an early recognition of change in water
quality.
Operation phase Aftercare phase
Groundwater level Half-yearly 1 Half-yearly 1
Composition of Sampling frequency specific to the landfill site, at least half-yearly for category 1 and 2 landfills
the groundwater and at least annually for category 3 landfills. 2,3
Notes
(1) In the event of changing groundwater levels, the frequency is increased.
(2) The frequency is based on the ability to take corrective action between two samplings if a trigger level
is reached. In other words the frequency is set on the basis of the knowledge and assessment of the
groundwater flow rate.
(3) If a trigger level is reached (see under c), verification by repeating the sampling is required. If the
trigger level is confirmed, the contingency plan described in the licence is activated.
A. Trigger levels
Significant adverse environmental effects, as referred to in Subsection 5.2.4.5 and article 5.2.4.5 § 6, should
be considered to have occurred in the case of groundwater, when an analysis of a groundwater sample
shows a significant change in water quality. A trigger level must be determined taking account of the
specific hydrogeological formations in the location of the landfill and groundwater quality. The trigger
level must be laid down in the permit whenever possible.
The observations must be evaluated by means of control charts with established control rules and levels for
each downgradient well. The control levels must be determined from local variations in groundwater
quality.
Art. 5.2.4.6.4. Topography of the site: data on the landfill body
Each year the following data are collected:
Operation phase Aftercare phase
1.1 Structure and composition of the landfill body 1 Annually
1.2 Settling behaviour of the landfill body Annually Annually
Notes
(1) Data for the status of the landfill concerned: 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.
Art. 5.2.4.6.5.
§ 1. At least every year a report is to be drawn up about the landfill operations or the aftercare activities for
the past year. At the frequency determined in the environmental licence, and in any event at least once a
year, the operator shall report, on the basis of aggregated data, all monitoring results to the authorities
indicated below for the purpose of demonstrating compliance with permit conditions and increasing the
knowledge on waste behaviour in the landfills.
§ 2. During the operation phase the report comprises:
the nature, source and quantities of the delivered waste materials, the surface area and useful
volume taken up and remaining;
for category 1 and 2 landfills:
a water balance of the landfill operations on the basis of the precipitation data from the
nearest meteorological station (possibly complemented by local measurements), the
quantities of leachate pumped away and treated, the quantities of water discharged (with
calculation of the waste loads);
the monitoring of the leachate quantities, its composition and the treatment methods used;
a discussion of the groundwater quality and its evolution, on the basis of the results of the analyses
of the water samples taken from the measuring wells.
§ 3. During the aftercare period the report comprises:
a report of the aftercare activities carried out during the past year;
a discussion of the groundwater quality and its evolution, on the basis of the results of the analyses
of the water samples taken from the measuring wells.
§ 4. The report referred to in § 1 is submitted to the supervisory authority and to the Public Waste Agency
for the Flemish Region (OVAM) at least annually (and for the first time at the latest 18 months after the
commencement of the landfill activities proper).
A copy of the report is also sent to the local authority of the municipality where the establishment is
located. It is kept available for inspection by the public. When a new environmental licence is applied for,
the reports from the past licence term as well as an overall assessment must be added to the application
dossier.
Subsection 5.2.4.7
Financial security.
Article 5.2.4.7.1.
§ 1. Before the commencement of the landfill activities, the operator of the landfill must provide financial
guarantees with the Public Waste Agency for the Flemish Region as beneficiary. The financial guarantees
must cover the following risks:
93. the cost of the top liner and the final cover of the landfill;
94. the cost of the aftercare activities;
§ 2. The financial guarantees can take the following forms, either separately or in combination:
an insurance;
a financial institution's guarantee;
another personal or collateral security;
§ 3. The amount of the financial securities referred to in § 1 is determined according to the risks mentioned
in § 1, on the basis of an operation project formulated by an expert recognised by the supervisory authority.
The cost for the final closure (top liner and final cover) are calculated on the basis of the following
amounts:
[34,71 euro] per m2 of top liner and final cover to be established for category 1 and 2 landfill sites;
[9,92 euro] per m2 of final cover to be established for category 3 landfill site;
The cost for the aftercare activities are calculated taking account of the provisions in subsection 5.2.4.5.
The financial guarantees are built up gradually according to the progress of the landfill activities. At any
time the total amount must be sufficient to guarantee the correct final closure and compensation for
possible damage to the environment and third parties.
The amount of the financial guarantees referred to in § 1 1° and 2° is linked to the consumer price index.
The base index is the consumer price index for March 1995: 119.73. The index adjustment must be made
annually and automatically, so without prior notification, on 1 April of each year.
§ 4. The proposal for the financial guarantees is sent to the Public Waste Agency for the Flemish Region or
handed in at its registered office. The Public Waste Agency for the Flemish Region examines the proposed
financial guarantees.
§ 5. If the financial guarantees meet the requirements of § 1, the Public Waste Agency for the Flemish
Region awards a conformity certificate within 2 months after receipt of the proposal. The Public Waste
Agency for the Flemish Region notifies the parties below of the financial security conformity certificate by
registered letter with acknowledgement of receipt:
the operator
the provider of the financial guarantees,
the supervisory authority:
The landfill activities can only be commenced after the operator has received the said conformity
certificate.
§ 6. If the financial guarantees do not meet the requirements of § 1, the Public Waste Agency for the
Flemish Region notifies the operator and the provider of the financial securities of this fact by registered
mail within the period of 2 months after receipt of the proposal.
§ 7. For finished sections, the amount of the financial security intended for the final closure (top liner and
final cover) can be released on the basis of a progress report compiled by an expert recognised by the
supervisory authority and an official report from the supervisory authority.
The information in the progress report includes the capacity used, the remaining cost for top liner, final
cover and aftercare for the landfill and an evaluation of the compliance with prevailing legislation.
§ 8. Subject to the prior approval of the Public Waste Agency for the Flemish Region (OVAM), upon
completion of the landfill's final closure and after the submission of an approved aftercare plan, (both facts
confirmed in an official report from the supervisory authority), the remaining amount of the financial
security intended for the final closure (top liner and final cover) is released within a period of thirty days.
§ 9. Subject to the prior approval of the Public Waste Agency for the Flemish Region (OVAM), upon the
termination of the aftercare period prescribed in the environmental licence in accordance with the imposed
operating conditions (whether wholly or partly performed ex officio by the Public Waste Agency for the
Flemish Region, or otherwise), the financial security for the remaining amount is completely cancelled
within a period of thirty days.
§ 10. The official report mentioned in §§ 7, 8 and 9 must be drawn up by the supervisory authority within
90 workdays after receipt of the operator's request.
Words replaced in §3 by Art. 20. by Art. 15. Decision 28 November 2003 (O.J. 13 February 2004), date of
commencement: 1 April 2004
Article 5.2.4.7.2
The Public Waste Agency for the Flemish Region 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 for the Flemish Region gives
notice of default to the operator by registered mail. 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 mail.
If the operator within the 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 for the Flemish Region shall decide to take the necessary measures ex officio.
The decision to proceed to ex officio implementation of the measures is communicated by registered mail
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 for the
Flemish Region 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
is to guarantee the payment of the invoices submitted by the Public Waste Agency for the Flemish Region
and is responsible for their payment.
Section 5.2.5. Mono-landfills for dredging sludge originating from surface waters of the public
hydrographic network
[..]
Rescinded by Art. 10.2.1.,12. Decision 5 december 2003 (B.S. 30 April 2004), date of commencement: 1
June 2004
