Issuu

Foreword Introduction

03 05

Organisation Personnel, training and resources

09 19

Environmental Enforcement Report 2004 Environment Inspection Section Environment inspection plan 2004

EIS

SpeciďŹ c enforcement campaigns Routine inspections

Reactive inspections Progress check and own initiative

Actions under criminal and administrative law Cooperation and consultation

International context Appendices

33 67

79 93

99 111

123 131

True to its tradition, the Environmental Enforcement Report 2004 is designed to provide the reader with comprehensive information on the extent to which the Environment Inspection Section has met its predetermined objectives. These objectives can be summed up as a constant drive to achieve a higher level of efﬁcient and eﬀective enforcement of the environmental legislation.

Foreword As in previous years, the highlight of 2004 was the implementation of the EIP (Environment Inspection Plan), which was aimed at achieving an integrated and multidisciplinary approach to environmental issues, coupled with the need to comply fully with the European requirements. The Environment Inspection Section made a conscious decision to adopt a coordinated approach and to ensure maximum cooperation with other (enforcement) actors, instead of opting for chance hits. This approach yields encouraging and sometimes remarkable results, as can be seen from the following pages. We would in particular like to draw the reader’s attention to certain specific aspects. • The clean-up operation that was launched in 1993 by the Flemish Environment Inspection Section of airborne emissions of chemicals (in particular dioxins) by industrial processes has over the last few years led to a clearly measurable improvement in the quality of our environment. • In 2004, a favourable trend was noted with regard to the non-point source (or diffuse) airborne emissions of dioxins and dioxin-like PCBs by a number of industrial processes following the clean-up operations that got under way in 2003. Without any exaggeration, it can be said that the Flemish Region has been very much a trendsetter in global terms as regards the reduction in environmental pollution by dioxins and dioxin-like PCBs from industrial processes. In 2004, the long-standing good relations between the Flemish and the Walloon environment inspection agencies made it possible to adopt a common approach to the elimination of major odour pollution in Rollegem (a district of Kortrijk) that was caused by a few companies located on an industrial estate in Moeskroen. Significant improvements are anticipated as early as summer 2005, and a reduction to an “acceptable level of unpleasantness” by summer 2006. We are also pleased to be able to announce that the 2004 Flemish Government Agreement and the Policy Memorandum on the Environment and Nature 2004-2009 gives particular attention to the task of enforcing the environmental legislation. We therefore regard the declared aim of the Flemish Environment Minister and, with him, the entire Flemish Government to submit to the Flemish Parliament by the end of 2005 a proposal for an Enforcement Decree that, among other things, “draws the necessary conclusions from the annual Environmental Enforcement Report of the Flemish Environment Inspection Section” as a well-deserved expression of recognition of and appreciation for our work in the field of enforcement. We are therefore more than ever convinced that proper and professional environmental enforcement is the essential key to a results-oriented environmental policy.

Dr. Sc. Robert Baert Inspector-General Head of Section Environmental Enforcement Report 2004 of the Environment Inspection Section • 3

Every year, the Environment Inspection Section (EIS) publishes the Environmental Enforcement Report on the organization, implementation, progress monitoring and results of its environmental inspections. This report has therefore become an important link in the full implementation of the Recommendation of the European Parliament and the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (2001/331/EC)

Introduction That this report is necessary is all too clear from the description of the purpose of the Recommendation: “Environmental inspection tasks should be carried out in the Member States, according to minimum criteria to be applied in the organizing, carrying out, following up and publicizing of the results of such tasks, thereby strengthening compliance with, and contributing to a more consistent implementation and enforcement of Community environmental law in all Member States.” The Recommendation also states that the reporting of inspection activities is an important way of achieving transparency in order to guarantee the involvement of citizens, NGOs and other interested actors in the implementation of environmental legislation. It is also stated that the reports must be made accessible in line with the Directive on freedom of access to information on the environment. This Environmental Enforcement Report seeks as far as possible to follow the subdivisions of the Recommendation. It is therefore in three main parts: Part 1: Organization of the Section and the resources deployed The Environmental Enforcement Report starts with a description of the organization of the Section (chapter 1) and a report on the personnel and financial resources deployed (chapter 2). Part 2: Implementation, progress monitoring and results of the environmental inspections All environmental inspections are carried out on the basis of an Environment Inspection Plan. This plan-based approach is a basic principle of the Recommendation. The Recommendation states: “In order to make this system of inspections efficient, Member States should ensure that environmental inspections activities are planned in advance”. Chapter 3 explains first and foremost how an Environment Inspection Plan is drawn up every year and how it is harmonized with the definitions of the categories of environmental inspections in part II and with the principles regarding the drafting of Environment Inspection Plans in part IV of the Recommendation. A report is then drawn up concerning the implementation, progress monitoring and results for each part of the Environment Inspection Plan. The parts are as follows: - specific enforcement campaigns (chapter 4); - routine inspections (chapter 5); - reactive inspections (chapter 6); - progress check and own initiative (chapter 7). Chapter 8 concludes this part with a comprehensive report on the criminal-law and administrative handling of all inspections. Part 3: Cooperation and consultation The Environmental Enforcement Report ends with an overview of the intra-regional, inter-regional and supra-regional cooperation arrangements. The chapter ‘Cooperation and consultation’ focuses on the different cooperation arrangements within the national borders, while the chapter ‘International context’ gives an overview of the different contacts at European level and sometimes far beyond.

Environmental Enforcement Report 2004 of the Environment Inspection Section • 5

Contents Foreword

Introduction

Organisation

1. Position of the EIS 9 2. Task 10 3. Competences 10 4. Internal structure 12 5. Policy and strategy 14 6. Total quality assurance 15

Personnel, training and resources

1. Personnel 19 2. Training activities 20 3. File follow-up system 23 4. Use of the credits 24

Environment inspection plan 2004

1. Compilation of an EIP 27 2. Description of the 2004 EIP 28

SpeciďŹ c enforcement campaigns

1. Water working group 33 2. Safety working group 37 3. Noise and vibrations working group 40 4. Waste working group 43 5. Air working group 50 6. Soil and groundwater working group 58 7. GMO working group 60 8. IPPC core team 61 9. Multidisciplinary scanning of (potentially) heavily polluting companies. 64

Routine inspections

1. Routine sampling 67 2. Routine measurements 70 3. Routine inspections on operation 75

6 â€˘ Environmental Enforcement Report 2004 of the Environment Inspection Section

Reactive inspections

1. Complaints 79 2. Reports of incidents 84 3. Evaluation reports 85 4. Marginal notes 86 5. Giving advice 87 6. Questions from the Flemish Parliament 89 7. High supervision 89 8. The winter smog scheme 90

Progress check and own initiative

1. Progress check on a dossier 93 2. Own initiative 94

Actions under criminal and administrative law

1. Inspections 99 2. OďŹƒcial reports 100 3. Taking measures 101 4. Criminal prosecution 108 5. Open government 109

Cooperation and consultation

111

1. Cooperation with other Vlarem inspectors 111 2. Cooperation with legal authorities 116 3. Cooperation on Food Chain Safety 117 4. Cooperation with VMM 118 5. Cooperation with OVAM 118 6. Cooperation with the Chemical Risk Inspection Section 119 7. Cooperation with the Federal Police 119 8. Cooperation with other regions 120 9. Policy 120

International context

123

1. IMPEL 123 2. Other 126

Appendices

131

1. Contacts at the EIS 131 2. Contacts for cooperation, consultation and regulatory initiatives 134 3. List of abbreviations 135 4. Addresses 137

Environmental Enforcement Report 2004 of the Environment Inspection Section â€˘ 7

The Environment Inspection Section (EIS) is the enforcement body for environmental health legislation in the Flemish Region. This part accordingly starts by describing the position of the EIS within the Ministry of the Flemish Community. Attention is then fully devoted to the EIS, with a description of the task, competence and working of the Section. The EIS accommodates its sizeable assignment and the multitude and complexity of the regulations by using a double internal structure: besides the traditional vertical structure, a horizontal structure in the form of working groups per environment compartment was also established. This part also provides a description of the policy and the strategy of the EIS, its personnel and the constant endeavours for quality improvement.

Organisation Position of the EIS The EIS is one of the eight Sections of Aminal, the Environment, Nature, Land and Water Management Administration. This administration is responsible for ensuring the sustainable, high quality development of the environment and the protection of humans, animals and plants. Aminal is in turn part of LIN, the Environment and Infrastructure Department, which is responsible for ensuring a coherent and integrated approach at all interfaces between the environ-

ment and the infrastructure, in terms of its policy implementation and policy execution activities. This hierarchical structure and the other entities of the Ministry of the Flemish Community are shown in the organizational chart below. The reorganization of the Flemish administration will make radical changes to this landscape.

Organisational chart of the ministry of the Flemish Community Departementen

General Aﬀairs and Finance

Coordination

Economy, Employement, Internal Aﬀairs and Agriculture

Environment and Infrastructure

Education

Welfare, Public Health and Culture

Science, Innovation en Media

Adminstrative departments

General administrative services

Environment, Nature, Land and Water Management

Supporting Studies and Assignments

Town and Country planning, Housing, Monuments and Landscapes

Waterways and Maritime Aﬀairs

Environmental Licences

Land

Roads and Traﬃc

Sections

General Environment Woods and Greenery and Nature Policy

Europe & the Environment

Environment Inspection

Nature

Water

Organisation • 9

Task

Competences

The Flemish Parliament and the Flemish Government, under the terms of the environmental licence decree and Vlarem I, have entrusted the EIS with the supervision of the category 1 establishments and with high supervision of the category 2 and 3 establishments. This competence is supplemented by supervisory competences based on related environmental health legislation. This gives the EIS a unique mandate in Flanders.

The EIS exercises its competences on the basis of the following environmental health legislation which applies in the Flemish Region: - the decree of 28 June 1985 concerning environmental licences (Belgian State Gazette of 17 September 1985) and the implementing orders Vlarem I of 6 February 1991 and Vlarem II of 1 August 1995;

Within the framework of the supervision of the category 1 establishments, the EIS is constantly striving to improve the quality of enforcement. In this regard, the emphasis is on a uniform approach throughout Flanders, and the EIS seeks to serve as an example to the lower administrative echelons. Therefore, the high supervision is exercised not only on an ad hoc basis but also systematically.

- the decree of 5 April 1995 containing general provisions with regard to environmental policy (Belgian State Gazette of 3 June 1995), in particular title III of 19 April 1995 concerning internal company environmental care (Belgian State Gazette of 4 July 1995);

Besides the EIS, there are a number of other actors involved in the enforcement of the environmental licence decree: the burgomasters; local police officers appointed by the respective local authorities and technicians, who have proof of competency, employed by these local authorities; ANRE, the Natural Resources and Energy Section; the Preventive and Social Health Care Section; the regular police services (federal and local police) and the legal institutions. Every agency has its own role and mandate and its own contribution to make. If the enforcement process as a whole is to be successful, these agencies must work together in a constructive manner. This cooperation must also be seen within the framework of the integrated approach to the enforcement policy. A network has been created to implement this cooperation. The cooperation within this network generates a synergetic effect with a view to more efficient and effective enforcement of the environmental health legislation. Because of constantly increasing European integration and the process of globalization, environmental enforcement is more and more international in scope. In this regard, the task of the EIS is to forge international contacts and to take an active part in the achievement of international innovations and to generate trends. For the benefit of policy formulation and policy evaluation, the EIS is responsible for advising the Flemish Minister of the Environment as regards the feasibility and enforceability of the regulations. This is done through a feedback of experience in the field to the policy-makers. Finally, the EIS has the task of publicizing and providing information about its activities and approach at regular intervals. In this regard, the Service aims, on the one hand, to ensure transparency and, on the other hand, to create and maintain sufficiently broad-based social support for enforcement.

- the decree of 23 January 1991 for the protection of the environment against pollution by fertilizers (Belgian State Gazette of 28 February 1991); - the decree of 24 January 1984 containing measures with regard to groundwater management (Belgian State Gazette of 5 June 1984); - the decree of 2 July 1981 and 20 April 1994 on the management of waste (Belgian State Gazette of 29 April 1994) (the law of 22 July 1974 on toxic waste was withdrawn with regard to the Flemish Region, with the exception of articles 1 and 7) and the Vlarea implementing order of 5 December 2003; - the decree of 22 February 1995 concerning soil remediation (Belgian State Gazette of 29 April 1995) and the implementing order Vlarebo of 5 March 1996; - the law of 28 December 1964 on the air pollution abatement (Belgian State Gazette of 14 January 1965); - the law of 26 March 1971 on the protection of surface waters against pollution (Belgian State Gazette of 1 May 1971); - the law of 18 July 1973 on noise pollution (Belgian State Gazette of 14 September 1974) and the Royal Decree of 24 February 1977 concerning electronically ampliﬁed music (Belgian State Gazette of 26 April 1977); - the law of 12 July 1985 concerning the protection of humans and of the environment against the harmful eﬀects and nuisance of non-ionizing radiation, infrasound and ultrasound (Belgian State Gazette of 26 November 1985). - the co-operation agreement of 21 June 1999 between the Federal Government, the Flemish Region, the Walloon Region and the Brussels Capital Region concerning the control of serious accident hazards involving dangerous substances (Belgian State Gazette of 16 June 2001).

10 • Environmental Enforcement Report 2004 of the Environment Inspection Section

- Council Regulation (EEC) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community (Official Journal of the European Union, L 30, 6 February 1993); - Regulation (EC) No. 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (Official Journal of the European Union, L 244, 29 September 2000); - Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (Official Journal of the European Union, L 273, 10 October 2002); - Regulation (EC) No. 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 97/117/EEC (Official Journal of the European Union, L 158, 30 April 2004). Given the sheer variety and the complexity of the environmental legislation, it is not always easy to know which government department should handle a question or a complaint. Nonetheless, a number of general guidelines are given below. What questions and complaints are handled by the EIS? Questions concerning class 1 companies that cause pollution or concerning class 2 and class 3 companies that cause serious pollution in which the local authority fails to take action are handled by the EIS. Among others, a company can cause the following types of pollution: - odour, dust and light pollution; - air pollution (smoke or emanations); - noise and vibration nuisance; - soil and groundwater pollution; - pollution of surface water; - negligence in the handling of waste products; - anomalies concerning the safety of the environment; - breach of license conditions.

What questions and complaints are NOT referred to the EIS? The EIS regularly receives many questions or complaints that are handled by other public authorities. An overview is given below showing in each case the agency that handles a question or complaint. In the environmental health sector - complaints concerning class 2 and class 3 companies that cause environmental pollution: the municipal environment service; - questions concerning the environmental license class (1, 2 or 3) of a certain company: the municipal environment service (the municipality has a public register); - questions concerning the content of a certain environmental license: the municipal environment service (all environmental licenses can be freely consulted by the public in the municipal offices); - questions concerning the interpretation of the legislation: the Environmental License Department of Aminal; - historical soil pollution: OVAM; - abandoned industrial land: OVAM; - abandoned waste: - general: local police or OVAM - on roads: Roads and Traffic Administration; - on waterways: Waterways and Marine Affairs Administration; - in forests: Forest and Green Areas Administration of Aminal; - in natural sites: Nature Administration of Aminal; - burning of domestic waste by private citizens: local police; - fertilizer problems (e.g. spreading of fertilizer during an unauthorized period): the Manure Bank of the Flemish Land Company (VLM); - spraying: the pesticides and fertilizer service of the Federal Public Service (FPS) for Health, Food Chain Safety and Environment; - health complaints in connection with objectionable establishments: the Preventive and Social Health Care Section (APSG, or in abbreviated form the Health Inspectorate). In other sectors - construction offences: urban development service of the municipality/urban development department in each provincial capital/construction inspection department in Brussels; - offences in natural sites: Nature Department of Aminal; - offences in forests: Forest and Green Areas Administration of Aminal; - fires or disasters: fire service, civil protection.

Organisation • 11

Internal structure The Environment Inspection Section has a conventional vertical structure with the Chief Inspectorate in Brussels and five local services based in the main towns of the Flemish provinces. Each service is managed by a Head of Service who is appointed as hierarchical superior in accordance with civil service status. The Head of Section is responsible for the overall organization of each service. The Chief Inspectorate initiates and supervises the management of the inspections and investigation activities which are undertaken through a planned and co-ordinated approach throughout Flanders. Furthermore, it is responsible for the preparation, formulation and evaluation of policy and for ensuring logistical support for the Service. The local services are responsible for carrying out specific inspection tasks, implementing measures, keeping company files up to date and providing policy-makers with feedback on experience gathered in the field. As the available personnel and resources are limited, the EIS

Brussels

must exploit its potential to the full. It therefore organizes its services in such a way that as far as possible the available technical expertise is combined, enhanced, exchanged and used to the full and that individual initiatives can be exploited. While maintaining the vertical structure of the EIS, a horizontal structure has been created. This structure consists of working groups that operate according to environmental compartments. At the end of 2004, there were seven active working groups: Waste, Soil and Groundwater, Noise and Vibrations, Genetically Modiﬁed Organisms (GMOs), Air (including odour and light pollution), Safety and Water. An IPPC core team (Integrated Pollution Prevention and Control) brings together the expertise of the diﬀerent working groups for the implementation of IPPC inspections. The objectives of the working groups are as follows: - to maintain a high level of overall environmental protection; - to co-ordinate the know-how available in the Section on a particular environmental subject, to extend this know-how and then to disseminate it within the Section;

Antwerp

Limburg

Presentation of the vertical structure of the EIS Head of Section

Chief Inspectorate

Local Service Antwerp

Local Service Limburg

Local Service East Flanders

Local Service Flemish Brabant

12 • Environmental Enforcement Report 2004 of the Environment Inspection Section

Local Service West Flanders

- to give greater depth to the planned and co-ordinated inspections and to raise them to a higher level; - to ensure a uniform approach to and interpretation of the environmental regulations; - to follow up new developments and regulations and to frame proposals for an appropriate approach; - to advise the competent Minister on the enforceability and feasibility of the regulations and to provide him/her with the necessary feedback for the preparation and evaluation of policy. A working group is made up of six or seven members: a representative of each local service and one or two working group coordinators (project leaders) of the Chief Inspectorate, according to the scope and complexity of their task. The composition of the working groups takes into account as much as possible the experience and specialist areas of those involved.

In the local services, the members of a working group continue to participate in the specific enforcement campaigns, the routine inspections, the reactive inspections and the progress monitoring, albeit to a more limited extent. They also play a supportive role with regard to their colleagues as specialists in the specific environmental compartment of their working group. The working groups play a key role in the planned and coordinated inspections. Furthermore, efforts are undertaken to co-ordinate the enforcement activities in the different environmental health sectors, the ultimate aim being to achieve a high standard of integrated inspection in all aspects. To this end, the Service sometimes calls on the skills of external experts. Alternatively, completely new initiatives are implemented or new inspection tools are used. In this way, the knowledge and experience built up in the working groups systematically permeates the rest of the Section.

The IPPC core team is made up of the head of the Chief Inspectorate, the working group coordinators of the Chief Inspectorate and one team member from each local service.

East Flanders

Flemish Brabant

West Flanders

Presentation of the horizontal structure of the EIS Head of Section Chief Inspectorate

IPPC

WASTE

Local Service Antwerp

SOIL AND WATER

Local Service Limburg

NOISE AND VIBRATIONS

Local Service East Flanders

GMO

AIR

Local Service Flemish Brabant

SAFETY

WATER

Local Service West Flanders

Organisation • 13

Policy and strategy The EIS has for several years clearly defined the mission, vision and values of its organization and its staff. These have become key elements in the continuous drive to optimize the structure and operation of the Service. The cornerstone in this regard is the raison d’être of the Service: to check and stimulate the quality of environmental health policy and its implementation, with the objective of improving the quality of the environment and, if necessary, to prevent nuisance, damage and serious accidents. The mission (Where do we stand now?) is a concept that lends further depth to this raison d’être: as an Environment Inspection Section, we test and promote the quality of the environmental health policy and the implementation thereof to improve environmental quality and, if necessary, to prevent nuisance, damage and serious accidents. We do this by: - maintaining constant supervision; - carrying out official inspections; - implementing investigations; - implementing measures; - extending the enforcement of the environmental health policy to municipalities and provinces and other enforcement actors; - contributing to policy formulation and policy evaluation by providing policy-makers with feedback on experience gathered in the field; - playing an active role in the European IMPEL network. To guide the staff in their approach, the following values have been defined. We want to work with staff who are loyal, enterprising and contented people who: - provide customers with support and explain clearly what they do; - are available and approachable; - respond quickly, dynamically and realistically to challenges; - co-operate in an integrated manner to get results; - always stay one step ahead thanks to their vision, creativity and expertise; - always seek to improve their work and enjoy what they do; - maintain healthy ecological reflexes; - display a correct enforcement reflex. Our vision says something about the kind of organization we want to be. The Environment Inspection Section is the organization that is responsible for ensuring the implementation of an effective, professional, uniform and integrated enforcement policy in the field of environmental health legislation. In order to get from the current situation (mission) to the desired situation (vision), a number of strategic actions must be implemented. The EIS has identified the following critical success factors required to make this transition successful.

To create a corporate culture that promotes constant improvement in which everyone: - supports and propagates the vision, mission and values of the Service; - co-operates and demonstrates that our organization is more than the sum of its constituent parts; - co-operates with all actors at international, European, federal, regional and local level; - strives to integrate the environment and the coherence of environmental care into other policy sectors; - feels valued and takes initiatives; - has the right and relevant information; - trains constantly and effectively; - deploys the resources effectively; - implements the regulations correctly. Enforcement as an essential link in the regulatory chain must be sufficiently strong. To this end: - there must be uniform and integrated environmental legislation with good technical standards; - the licence issuer must implement the regulations correctly and completely to ensure proper and manageable licensing; - complementarity must be achieved between criminal and administrative enforcement; - the setting in place and implementation of an enforcement strategy must be initiated. As regards enforcement itself: - there must be sufficient social and political legitimacy; - within the administration, enforcement must be given a place alongside and not subordinate to policy preparation and/or implementation; - the powers, autonomy and independence of the EIS in general and the environmental inspector in particular must be guaranteed. The (long-term) strategic objectives of the EIS are defined as follows: - inspection; - taking measures; - policy implementation; - policy formulation and evaluation; - active participation in the European IMPEL network; - ongoing training. On the basis of these strategic objectives and the annual objectives of the department and the administration, a number of (short-term) operational objectives are set every year for the whole Service. These are in turn translated into personal objectives for the officers. To achieve all these objectives, the EIS implements six direct processes. The most extensive process “Inspecting and taking measures”, which is divided into seven sub-processes, has already been outlined and has its own procedure manual.

14 • Environmental Enforcement Report 2004 of the Environment Inspection Section

Improvement of internal quality LIST OF DIRECT PROCESSES Proces

Processing of findings When drafting the operational chart, the aspect “Inspecting and taking measures” was already identified, and the first procedure manual was drawn up. During the past few years, new documents were drawn up to further improve the quality of intervention by the environmental inspectors as regards both the criminal and the administrative prosecution of the results of investigations. These documents are used every day in practice by all environmental inspectors.

Description

P01

Inspecting and taking measures

P01.1

- ﬁle preparation

P01.2

- travelling + observations in the ﬁeld

P01.3

- inspection report + assessment of observations

P01.4

- reporting to the Public Prosecutor

P01.5

- taking measures in accordance with the EIS tools

P01.6

- reporting (internal/external)

P01.7

- ﬁle follow-up system

P02

Environment Inspection Plan

P03

Mandates to external experts

P04

Policy formulation and evaluation

P05

Dissemination of the environmental health policy to

The ‘Enforcement Tools’ sets out the general principles underpinning any intervention by environmental inspectors and shows in a number of ﬂowcharts how they should intervene at each phase of a ﬁle.

municipalities, provinces and other enforcement actors P06

The code of good practice for drawing up an official report gives a detailed description of the bar ‘Draw up an official report either at the start or after inspection‘ on the first flowchart of the Enforcement Tools (see flowchart). The object of the code of good practice is to improve quality and increase uniformity of official reports by the EIS. It also implements the ‘Priorities review on the prosecution policy of environmental law in the Flemish Region’ that was ratified on 30 May 2000 by the Commission on prosecution policy.

Intra-, inter- and supra-regional co-operation with other (environmental) actors

Total quality assurance The Ministry of the Flemish Community is constantly striving to develop its services in the most optimum manner possible. This presupposes an organizational culture at the heart of which there is a constant concern for quality and quality improvement. The EIS also participates in the process and thereby focuses its attention both on its own quality and on the quality of external service providers.

The ‘Code of good practice for proceedings under administrative law’ defines the form and content of all the documents that appear in the flowcharts of the ‘Enforcement Tools’ (from the inspection report to the exhortations to the mandatory measures). As many as 39 different documents were described in detail.

Example of a ﬂow chart from the enforcement toolbox Start

No Serious Risk Imminent Danger?

Yes License No

Yes

Yes Conditions complied with?

Yes Conditions suﬃcient?

End

Draw up an oﬃcial report

Consider Applicable measures

Mandatory / Administrative measures

Organisation • 15

The ‘Enforcement Tools’ and the two codes of good practice are considered as a quality manual. These documents will be used on a daily basis by all environmental inspectors in the context of the handling of infringements. In this context, the Heads of Service and the Head of Section will be appointed as quality managers. EIS instructions The EIS also uses internal instructions to enhance quality or uniformity in the implementation of inspections and in the assessment of observations. In 2004, eight instructions were drawn up and implemented. An overview is given in the table below. LIST OF THE EIS INSTRUCTIONS IN 2004 Number

Date

Subject

MI 2004/01

15 January

Manning scenario for calls and incidents

MI 2004/02

20 February

Second addendum to instruction EIS 2002/06 - directive concerning the assessment of the presence of hazardous substances in discharged industrial waste water

MI 2004/03

5 March

Quality manual for samples and measurements: addition of procedures for the sampling of waste products

MI 2004/04

27 May

Amendment to the waste part of the qual-

The sampling and measuring of waste water was the first subject tackled. Besides a general procedure for document management, four procedures were issued for the sampling of water with spot samples or (time- or flow-related) samples, the use of recipients and preservatives, the on-site measurement of pH and temperature and the on-site measurement of the flow rate. A procedure for the operation, calibration and maintenance of pH meters was also drawn up and the associated forms created. In 2004, the EIS had a second internal audit carried out. It was clear that there had been a significant improvement in quality since the introduction of the quality manual. The remaining points of attention were extensively discussed, and this process yielded an action plan with corrective and remedial measures. At the same time, a slight adjustment was made to the existing procedures. The action plan and the amended procedures were approved by the staff and implemented by all environmental inspectors. The EIS and VITO then also developed procedures for the sampling of waste products. A first procedure describes general key concepts with regard to waste sampling. For a number of specific effluents they described the practical execution of sampling in three separate procedures: the sampling of powdery and granulated solid waste, the sampling of waste that is accepted at landfills and the sampling of liquid or viscous waste. A number of necessary documents were included as a form, such as the sampling form.

ity manual for samples and measurements of waste water MI 2004/05

11 June

Amendment to instruction EIS 2002/01 concerning the acceptance by the EIS of experts for landﬁll sites, within the framework of section 5.2.4 of Vlarem II

MI 2004/06

7 December

Application of the winter smog period

MI 2004/07

17 December

Handling of environmental complaints +

MI 2004/08

23 December

Amendment to the water part of the qual-

scenario

The principles were explained to all environmental inspectors before the procedures were implemented. To this end, in early 2004 VITO organized three days of training during which the quality manual was explained in theory and in practice. The EIS also purchased the necessary sampling equipment and implemented the deﬁnitive version of the quality manual for the sampling and measurement of waste products from 1 June 2004.

complaint management ity manual for samples and measurements of waste water

High-quality sampling and measuring The process step ‘Removal + Inspections on-site’ comprises an important part of the ‘Inspecting and taking measures’ process. One of the many facets within this process step is the conducting of sampling and measurements. 2001 saw the start of the drawing up of a quality manual for this sampling and measuring.

Of course, the EIS wanted to obtain the same high quality of sampling and measurement for the samples which are carried out by the laboratory with which an agreement has been concluded. After the rest of the equipment was purchased, the laboratory gave its samplers training in the use of the equipment and the sampling procedures in general. This was achieved within a short period in the laboratory. Since 1 September 2004, the laboratory has also sampled the waste products in question according to the EIS procedures.

16 • Environmental Enforcement Report 2004 of the Environment Inspection Section

Audit of the taking of a mixed ﬂow proportional sample

During training the procedures were carried out in practice.

Quality assurance external service providers Correct and reliable measurement and analysis results are crucial for the enforcement of the environmental health legislation. To this end, the EIS uses recognized laboratories that in most cases also have an accreditation. Experience teaches that when it comes to recognizing and accrediting laboratories and to third-line inspection, most of the attention is focused on measurement and analysis, while much less attention is given to sampling. In the past, the EIS has also noticed that for their own measurements or for measurements commissioned by companies not all the recognized laboratories are as meticulous when it comes to complying with the standards for the sampling of, for example, waste gases or waste water. However, the sampling process is a very crucial stage: if the sample itself is already unrepresentative, the result of the measurement or analysis will certainly not be correct or reliable. For this reason, in the past VITO, at the request of the EIS, has carried out field audits in laboratories that are recognized for the sampling and analysis of air. Various nonconformities then came to light. For this reason, the EIS also asked VITO to carry out field audits in the three recognized laboratories that sample waste water for the EIS. These audits were carried out in 2004 and concerned both scoop samples and the implementation of flow-proportional samples.

scoops), the homogenization of the samples in the bucket when filling the recipients and the taking of measurements on site (especially pH measurements with associated calibration and inspection, but also the reading of the correct temperature of a sample). VITO drew up an audit report after each audit. The EIS sent this report to the laboratory concerned and asked it to draw up an action plan with corrective and mitigating measures within one month. The laboratories drew up an action plan and also ensured implementation. The EIS verified implementation ‘on paper’ and also had one audit redone. This produced a definite improvement in quality. By having audits carried out both on its own environmental inspectors and on external service providers, the EIS is confident that all samples will be taken as uniformly as possible and according to high quality standards. Meanwhile, at the request of the EIS a number of other recognized laboratories have undergone an unannounced inspection of the sampling procedure. The EIS hopes in this way to achieve a general improvement in the quality of sampling in a relatively short time.

The audits were unannounced. The audit began on site, at the time of one of the samples or at the start of the installation of the ﬂow-proportional sampling equipment. In addition to a number of nonconformities with regard to the procedures used, more especially remarks concerning the purity of the sampling equipment (e.g. insuﬃciently clean buckets and

Organisation • 17

The first part of this chapter presents an overview of the EIS personnel. The number of full-time equivalents (FTE) rose slightly in 2004 for the fourth year in a row. Of course, this limited increase is a drop in the ocean: 13 years on the EIS has not succeeded in inspecting all class 1 objectionable establishments in Flanders at least once. Later in the chapter, a description is given of the constant endeavours by the Service to train its entire staff. Technical training courses for the environmental inspectors account for a considerable proportion of this training effort. Finally, the chapter gives an overview of the resources available to the EIS and we take a brief look at the electronic follow-up system of the EIS..

Personnel, training and resources Personnel The statutory officers of levels A and B are environmental inspectors (90 FTEs). The officers of levels C, D and E have a supportive administrative function (23.6 FTEs). The figures represent the situation at 31 December 2004.

At the end of 2004, the EIS had 121 staff members, three more than at the end of 2003. The number of FTEs increased by 3.2 units to 113.6. The calculation of the number of FTEs takes into account career breaks and other forms of part-time work. The following tables and figures give a breakdown of the staff by service and by level. To indicate the grade, the letter gives the level and the figure indicates the rank within a certain level. The highest rank is assigned the highest figure.

In 2004, one level A2 environmental inspector used the early retirement scheme, for which he had applied at the end of 2002.

STAFFING A2A Inspectorate-general

Chief inspectorate

Local service Limburg Local service East Flanders

11 6

Local service West Flanders

13 1

A2A

Local service Flemish Brabant

Local service Antwerp

Total

1 3

Total 3

1 8

121

Totaal

1,0

14,8

1,0

2,0

24,8

1,0

18,5

2,0

19,1

2,0

15,8

STAFFING IN FTE

Inspectorate-general

1,0

Chief inspectorate Local service Antwerp

11,8

1,0

14,0

1,0

4,8

9,5

1,0

3,0

1,0

10,4

Local service Flemish Brabant

6,0

Local service West Flanders Total

1,0

Local service Limburg Local service East Flanders

1,0

4,7

2,0

65,7

3,0 1,0

1,0

4,8 1,0

1,0

0,6

3,0

18,3

3,0

7,6

13,0 1,0

1,0

3,0

2,0

3,0

2,0

17,6

10,0

113,6

Personnel, training and resources • 19

Evolution of the number of FTE’s at the EIS

EIS staﬃng by level 120

100 Level A 61%

Level B 19%

Level C 9%

Level D 11% 20

0 1995

1996

1997

Total # FTE’s

1998

1999

2000

2001

2002

2003

2004

#FTE environmental inspector

Training activities Annual meeting of the EIS The fourth annual meeting of the EIS was held in Leuven on 5 February 2004. The provincial authorities of the Flemish Brabant provided the large auditorium and a number of rooms in the new Provincial House. All the delegates could therefore appreciate the new decor created by the Portuguese architect Gonçala Sousa Byrne, which as far as possible takes into account the sustainable and environment-friendly construction requirements. Following the welcoming address and the introduction by the Head of the Section, the different heads of service presented the various components and objectives of the Environment Inspection Plan 2004. It was explained to all the environmental inspectors in attendance how the requirements of the by now traditional four parts of our Environment Inspection Plan (specific enforcement campaigns, reactive inspections, routine inspections and progress monitoring and own initiative) would be met in 2004. Furthermore, the EIS’s electronic dossier follow-up system was discussed. The explanations given focused on the new projects and actions that were to be implemented in 2004. Particular attention was given to the new IPPC project. IPPC stands for Integrated Pollution Prevention and Control. This project is innovative because for the first time it posits a totally integrated approach to the problem, aimed at achieving a high level of overall environmental protection. Under the project, in 2004 two chemical companies in each province would undergo integrated inspection. Following the concluding address by the Head of the Section, the delegates went on a short tour of the centre of Leuven. The annual meeting closed with a pleasant lunch.

Courses speciﬁc to the EIS As in previous years, in 2004 the EIS organized a number of internal training sessions for its oﬃcers. Thanks to the preparation work and commitment of many EIS employees, the

training sessions covered a range of issues, including air, waste, excavated soil, groundwater and the GIS. The Head of the Section, the heads of service and their substitutes took part in a two-day residential seminar on ‘Integrity and integrity management’. This successful seminar included a presentation of the general framework of values for officers and a training session on ethical decision-making. At the end of the meeting, the participants discussed the integrity policy within the EIS, within the framework of the code of conduct and the relevance of other tools. To meet the urgent need to explain new legislation to the environmental inspectors, the EIS clarified the following items during different training sessions for all the environmental inspectors: - the Vlarem amendments on waste incineration, as published at the start of 2004 in the Belgian State Gazette; - the VOC issue, in which a brief explanation was given of the changes to the Vlarem as a result of the transposition of the European Solvent Directive. For the training sessions, the EIS called upon the services of Aminabel’s Air Unit; - the new Vlarea: OVAM was called upon to give this training session; - the excavated soil part of Vlarebo: This training session was given by OVAM, the non-profit association Grondbank and the Environmental License Department. The manager of the IT department explained during the GIS training session that a computer system provides a means of describing, processing and using data concerning locations on the ground. Using the geometrical component of the information, spatial relations and analysis modelling, it was demonstrated that the GIS is a unique and particularly powerful instrument that permits highly efficient spatial searches. Finally, there was a training session on groundwater. During this training session, the environmental inspectors learned more about the soil and groundwater working group, the

20 • Environmental Enforcement Report 2004 of the Environment Inspection Section

The fourth annual meeting of the EIS was held in the new provincial government building in Flemish-Brabant

The EIS will, based on the thesis, draw up a guideline to assess extinguishing water collection.

functioning of the Water Department and the groundwater management unit, and they received practical information on groundwater, the legislation and the Databank Ondergrond Vlaanderen (DOV - Flanders Subsoil Database). During this training session, practical hints were given for the implementation of inspections at groundwater extraction points and examples were cited of possible cases of fraud in the context of water extraction. The Water Department was called upon by the EIS to give this training course.

with the authorities of the United States. Belgium was represented by 70 members of the magistrature, 70 police oﬃcers and 20 environmental inspectors.

All these training courses are fully in line with the EIS’s strategic ‘ongoing training’ objective. This means that targeted training is organized for the employees of the EIS so that the Section becomes the organization par excellence that eﬀectively delivers an eﬃcient, expert, uniform, all-inclusive and proactive policy for the enforcement of the environmental health legislation.

Individual training The staff of the EIS make regular use of the training possibilities offered by the Ministry of the Flemish Community. In most cases, participation in this type of training course is a development-oriented annual arrangement for the staff. While IT training features frequently, the staff also follow other training sessions (PLOEG training courses, courses for trainees, …). In addition, many members of the EIS’s staff have participated in external study days or symposia, not only in Belgium but also abroad. The aim of these initiatives is to monitor developments within the environmental sector concerned and subsequently to disseminate this information within the Service so that the environmental inspectors can use it when it comes to assessing their findings. On 18 and 19 November 2004, a small delegation from the EIS took part in a training session on environmental law organized by the federal judicial authorities. This training course was designed to promote the exchange of professional experience

Five top oﬃcials from the American Department of Justice and the Environmental Protection Agency explained to the delegates their program to combat environmental oﬀences. The participants exchange ideas on cooperation between the supervisory authorities and the court, investigation methods, court prosecution, the handling of lawsuits and conviction matters.

Training for the Seveso team For safety inspections within the so-called Seveso companies, the EIS put together a Seveso team through internal reorganization and by recruiting new staff. Because this is a complex area additional qualification requirements were made of the team members: they must dispose of a prevention adviser level 1 certificate or be prepared to follow the training. By the end of 2004, no fewer than eight team members had obtained the certificate, and in 2004 one member of staff successfully completed her final dissertation, ‘Analysis of the causes and consequences of a fire involving hazardous substances’. One particularly important objective of this final dissertation was to determine the capacity of the extinguishing water collection system. The dissertation included an analysis of the causes and consequences of a fire involving hazardous substances. According to Vlarem II, every company in which hazardous substances are stored must take the necessary fire prevention and firefighting measures and have a system to collect polluted extinguishing water. Furthermore, the cooperation agreement on the prevention of serious accidents means that measures must be taken, particularly as polluted extinguishing water can be harmful to humans or to the environment. It was clear from this analysis that the extent of a fire and the speed at which it spreads depend to a considerable degree on the quantity of extinguishing agent and therefore also on

Personnel, training and resources • 21

the presence of the necessary collection system. In order to be able to fight a fire efficiently, the capacity of the available extinguishers must always exceed the capacity of the fire. This objective can be reached, on the one hand, by making sure that the intervention time is as short as possible and, on the other hand, by making sure that fire prevention measures are taken as a result of which the maximum capacity and therefore the extent and speed of any fires are limited. The EIS has used the dissertation as the basis for a practical directive for the assessment of the extinguishing water collection system. These systems are tested according to the regulatory requirements and according to the technical and organizational requirements.

Talks organized by the EIS The EIS regularly makes its expertise available and provides information in response to external requests. An overview of the talks and lessons that were presented by environmental inspectors of the EIS in 2004 is given below. General functioning - ‘Environment Inspection Section: administrative law processes within the context of the Environmental License Decree’: a talk organized during a meeting by the Section on supervision of the chemical risks in Spa; - The application of the environmental enforcement policy by the EIS and interactions with the municipality: talks within the framework of the support for the local environment policy, organized by the Provinciaal Samenwerkingsverband (Provincial Cooperation) between the provincial authorities of Flemish Brabant, Interleuven, Haviland and the Intergemeentelijk Overleg (inter-municipal consultation body) in Asse and in Leuven; - ‘Enforcement of the environmental health legislation’: a talk within the framework of the training of level A environmental coordinators, organized by Lucina in Leuven; - ‘The environmental policy in Flanders’: a talk within the framework of the training of level 1 prevention advisors, organized by Lucina in Leuven; - ‘Structure and functioning of the Environment Inspection Section’: a guest lecture within the framework of the in-service training initiative ‘Investigations in the context of major environmental crime for members of the judicial services of the district and for the district information points of the environmental network’, at the Federal Police Nationale Rechercheschool in Vorst; - ‘Structure and functioning of the Environment Inspection Section’: a guest lecture within the framework of a training course for environmental coordinators, organized by the EHSAL Management School in Brussels; - ‘Structure and functioning of the Environment Inspection Section’: a guest lecture within the framework of in-service training for environmental coordinators, organized by SGS Belgium in Antwerp;

- ‘Structure and functioning of the Environment Inspection Section’, a guest lecture within the framework of the training session on ‘Environmental criminal law’ in the specialized training course on ‘Environmental law’ at the University of Gent; - ‘Structure and functioning of the Environment Inspection Section’: a talk within the framework of the training of the police, organized by Provincie Limburg Opleiding en Training in Genk. Specific enforcement expertise - ‘Assessment of noise pollution’: a talk within the framework of the training of municipal environmental officers and the members of the local police, organized by the Police School in Brugge; - ‘Dioxin emission measurement campaigns and enforcement of the Flemish legislation by the Environment Inspection Section (EIS)’, a talk given for a delegation from Muktu (Finland), organized by SGS Belgium in Antwerp; - ‘Labelling and storage of hazardous substances: practical experience and observations’: a talk within the framework of the ongoing training of environmental coordinators, organized by SGS Belgium and Kluwer Opleidingen in Elewijt; - ‘Odour pollution: the approach of the Flemish Environmental Inspection Section + case studies’: a talk in Namur for environmental inspectors from the Walloon Region and the Brussels-Capital Region; - ‘Air pollution by chipboard companies’: a talk on a study day organized by the ACV-dienst Onderneming in Ostend; - ‘Non-point source VOC emissions in Flanders: legal framework and explanation of the exploratory investigation by VITO on the determination and limitation of VOC emissions’: a talk within the framework of the in-service training of environmental coordinators, organized by Kluwer Opleidingen and SGS Belgium, in Elewijt; - ‘Storage of hazardous products: observations & pitfalls’: a talk within the framework of the continuing training of environmental coordinators, organized by Arion Milieuadvies in Nazareth; - ‘Explanation of the Environmental Enforcement Report and the textile finishing project’: a talk within the framework of the study afternoon ‘Water problems in the textile industry in Flanders’, organized by Centexbel and Febeltex in Nazareth. International participation - ‘Air pollution and its enforcement in Flanders’: a guest lecture within the context of an EU training program for Slovenian environmental inspectors in Smarjeske Toplice, Slovenia; - ‘Diffuse emissions of PCDD/Fs and dioxin-like PCBs from industrial sources in the Flemish Region (Belgium)’: a talk in the context of DIOXIN 2004, in Berlin, Germany; - ‘The odour investigation: a useful instrument for environmental enforcement’: a talk at the international conference ‘Environmental Odour Management’, organized by Kommission Reinhaltung der Luft im VDI und DIN, in Cologne, Germany.

22 • Environmental Enforcement Report 2004 of the Environment Inspection Section

File follow-up system 2004 was the first year in which the EIS’s dossier follow-up system (DOS) was used as a total client-server application. In 2003, the database was converted from a local MS Access application to an Informix database on a central server. The user application remained locally in Access. The Informix database offers many advantages. For example, the correspondence and the dossier data can be imported by several people at the same time. Now that we have taken the step and that in 2004 we have seen the possibilities of Informix for the entire Section, we can consider the possibility of enabling all environmental inspectors to import data. This will be the next step, an important step towards electronic dossiers. The second and very important advantage of Informix is the operational security of the Informix database. The relational database management system (RDBMS) can handle many more records, tables and users than an MS Access database, which is designed rather for individual use or for small companies. The DOS is used by five local services and the Chief Inspectorate, making a total of some 120 users. Also, the extensions and adaptations, which we discuss below, were possible only in a new, adapted RDBMS environment. In parallel with the changes to the structure of the database in 2004, we also laid the groundwork for the link from the DOS to other databases. We therefore created links with data from two company databases, the Centraal Bedrijvenbestand and the Kruispuntbank Ondernemingen. Furthermore, preparations got

under way to make the address file in the system compatible with the Centraal Referentieadressenbestand (central reference address file - CRAB) of the Ondersteunend Centrum GIS (Flanders GIS Support Centre). The extension with the CRAB is very important in the context of the plans to link geographical information with the data from the DOS. These changes will ensure that the address and town/city data in the DOS will be much more accurate and that the data will be similar to the data of other CRAB-compatible databases. A third group of data that was added in 2004 is the complete list of classification headings of Vlarem I. The upgrading of the Informix database also made it possible to ensure more automated procedures for the planning and the progress monitoring of routine samples and measurements. The first step will focus on routine sampling of industrial waste water, but in 2005 the increased automation will extend to the planning and implementation of the measurement of emissions in the air and the sampling of waste, soil and groundwater. The application for users underwent a number of transformations in 2004. For the import of additional or modified data, the user interface was upgraded with renewed and new screen forms. This application is used directly, for example, for entering discharge licences of companies or authorized and refused headings by license. These data are not only useful when it comes to providing an overview for the environmental inspectors. Indeed, if the data are complete they can be a very important instrument when it comes to policy definition and the planning of enforcement within the Section.

Input of data to the the EIS ﬁle follow-up system: on the way to electronic dossiers.

Personnel, training and resources • 23

Use of the credits Laboratory costs

Examination costs

To support the key process ‘Inspecting and taking measures’ the EIS is concluding agreements with recognized laboratories for the measuring, sampling and analysis of diﬀerent substances and emissions.

In certain circumstances it is also necessary to have additional examinations carried out by specialised laboratories or experts. For example, non-standard analyses can take place or the environmental impact of a speciﬁc company can be examined. These examinations take place to assist the EIS and for the information of the EIS. Besides these examinations speciﬁcally aimed at one or a number of companies, a number of general research assignments were also completed.

Agreements were concluded per province for the measuring, sampling and analysis of on the one hand waste water, cooling-water and surface water, and on the other hand soil, waste materials, fertilisers and groundwater. For the conducting of emission measurements on chimneys of incineration plants and processing installations an agreement with two laboratories was concluded, depending on whether or not dioxin measurements were to take place. Finally, an agreement was also concluded for the examination of sewers and small pipework, the so-called camera inspections.

Laboratory and research costs are recorded in a single budget item, namely 16111262. The total available budget appropriation for 2004 was 1,972,000 euros and was used entirely. The scheduled payments amounted to 1,951,000 euros and 99.93% was paid out.

In addition to the general agreements mentioned above some extra agreements were concluded of speciﬁc cases. LABORATORY COSTS Waste water, cooling-water and surface water Local service Antwerp

Amount in euros 150.085,34

Local service Limburg

132.016,51

Local service East Flanders

150.993,05

Local service Flemish Brabant

149.395,40

Local service West Flanders

200.492,51

Total

782.982,81

Soil, waste, fertilizers and ground water Local service Antwerp Local service Limburg Local service East Flanders

99.114,00 93.861,00 112.210,00

Local service Flemish Brabant

62.167,00

Local service West Flanders

83.548,00

Total

450.900,00

Emission measurements Parcel I (including dioxins) Parcel II Total

156.495,35 79.022,20 235.517,55

Camera inspections Camera inspection in Rotselaar Camera inspection in Tienen

972,73 1.228,85

Camera inspection in Stabroek

1.132,03

Camera inspection in Ruiselede

1.051,44

Total

4.385,05

Sampling and analysis halogenated hydrocarbons

7.221,28

Analysis brominated ﬂame retardants campaign 1

4.114,00

Analysis brominated ﬂame retardants campaign 2

5.974,98

Speciﬁc ﬁles

Testing cooling systems Total Total

24 • Environmental Enforcement Report 2004 of the Environment Inspection Section

18.888,95 36.199,21 1.509.984,62

Operating costs To ensure the proper operation of the Section, the EIS disposes of a number of credits that enables it to make the necessary purchases. For general operating costs a budget was provided of 156,223.50 euros: this includes the maintenance, fuel consumption and leasing of the service vehicles. A budget was accordingly provided of 40,877.60 euro euros for speciﬁc operating costs: - subscriptions to publications concerning the enforcement of environmental health legislation and the purchase of books needed to follow the evolutions in (the enforcement of) environmental health legislation;

- subscriptions and use of mobile phones; - maintenance and calibration of inspection material; - safety equipment for the company vehicles to protect the environmental inspectors; - purchase of protective clothing. Finally, for 2004 a budget of 8,003.89 euros was provided for the purchase of durable material: pH meters, mobile phones, photographic cameras (to replace the old and faulty equipment). Furthermore, 31 written off company vehicles belonging to the EIS’s fleet were replaced. The EIS had the new company vehicles fitted out according to the standards of the quality manual on samples and measurements, and 20 of the 31 new company vehicles were delivered in 2004.

EXAMINATION COSTS Odour examinations

Amount in euros

Odour examination in Hulshout

10.660,10

Odour examination in Ieper

91.835,37

Odour examination in Merksem

34.294,65

Odour examination in Rollegem

56.240,80

hydrocarbon and odour measurements in three companies in West Flanders

27.981,25

Total

221.012,17

Safety investigations FAO safety investigation

33.976,80

Environmental risk assessment instrument

70.180,00

Supplement to E-index

32.821,25

Total

136.978,05

Acoustic examinations Acoustic study in Houthulst Acoustic study in Menen Acoustic study in Lichtervelde

11.495,00 5.551,48 12.816,32

Acoustic study in Zaventem-Zuid

6.788,10

Acoustic study in Zaventem-West

7.139,00

Total

43.789,90

Examination of ground water pollution Groundwater study in Tongeren

14.897,52

Total

14.897,52

General examinations Incineration of waste products in the air and regulation on the spreading of fertilizers Guide to solvent accounting Total Total

9.940,00 35.397,74 45.337,74 462.015,38

Personnel, training and resources • 25

The 2004 Environment Inspection Plan (EIP) was the eighth annual plan drawn up by the EIS. The planned conducting of inspections is a basic policy of the EIS that has an inﬂuence on the whole working and organisational structure of the Section. The EIP describes the framework within which the EIS operates, and the options and preconditions of the plan are explained. The main part is the description of the inspections for a whole working year. The plan includes all activities of the Section related to the process of ‘Inspecting and taking measures’, also referred to as inspection activities. This is part of the EIS’s endeavour to bring its approach into line with the European requirements on the inspection of risky and highly polluting companies. Also, it will ensure that the strategic objectives of the EIS are met.

Environment Inspection Plan 2004 Compilation of an EIP Purpose of the Environment Inspection Plan? The EIS has been long convinced that enforcement is best ensured by using a systematic approach. In the Environment Inspection Plan it is therefore attempted to cover all inspection activities of the EIS and arrange a budget for expenses and personnel. There are various reasons for this. On the one hand there is the policy of the Flemish Government that includes all enforcement activities to be carried out on the basis of thorough insight, whereby the supervision of compliance with environmental legislation evolves from incidental inspections to systematic enforcement. This can be effected using annual programmes for enforcement, in which the priorities for a specific work year are established and the enforcement activities are planned. On the other hand there is the general European trend towards more systematic, planned and co-ordinated enforcement. This trend was confirmed in 2001 in the ‘Recommendation of the European Parliament and the Council of 4 April 2001 concerning minimum criteria for environment inspections in the Member States (2001/331/EC)’. This recommendation originated with the co-operation of the IMPEL network, and clearly indicates the minimum criteria to be met by environmental inspections. In the recommendation much attention is devoted to the drawing up of Environment Inspection Plans by the Member States, that are to demonstrate that all environmental inspection activities are planned in advance. Such plans should also be made public. The plans may be compiled at national, regional or local level, but Member States must ensure that the plans are applicable to all environmental inspections of controlled installations on their territory.

The Environment Inspection Plans must fit in with the inspection assignments of the authorities involved. Account must be taken of the nature of the controlled installations, the risks and environmental effects of emissions and discharges and the relevant information available concerning specific locations or types of controlled installations. The information can come from reports and data from self-monitoring of the operators and previous inspections. In addition, data from environmental audits and environmental statements, in particular those drawn up for controlled installations registered according to the community eco-management and audit scheme (EMAS), are also a relevant source of information. In the EIP the EIS applied most of what was included in the recommendation relating to Environment Inspection Plans.

Objectives of the EIP The objectives of the EIP relate to different levels. At organisation level the plan has a practical, expert, uniform and integral approach to the inspections as its aim. A second important objective is in the field of the effectiveness of the inspections: the plan provides for far-reaching and if possible integrated inspections for category 1 establishments that have a serious environmental impact and/or entail serious safety risks for the surrounding area. With the selection of the establishments account is taken of the environmental reputation of these establishments. A third important objective for the drawing up of an annual plan is attempting to manage the volume of work and the workload. The EIS is indeed confronted with a large number and a great

Environment inspection plan 2004 • 27

The EIP provides for thorough controls of class 1 companies that have a (potentially) high impact on the environment and/or constitute a serious risk to the environment.

Waste sampling

Description of the 2004 EIP diversity of establishments to inspect. A good annual plan must make priorities, and as a result help to manage the volume of work and the workload.

Origination of an EIP The EIS has to work for a whole year to create an EIP for the coming year. The first step is to draw up the budgetary proposals during the previous year. The actual work gets under way during the summer. At that point, the working groups present projects, actions and investigation proposals (specific enforcement campaigns) and indicate their preferences based on a number of criteria. During the same period, a number of external enforcement authorities (ANRE, APSG, OVAM, VLM, FAVV, VMM, the Water Department, VVSG as representative of the municipal enforcement authorities) are asked to put forward priorities and suggestions. After the summer, the working groups and the Chief Inspectorate put together all the internal and external proposals in a draft document. The draft document is discussed during an EIS planning seminar which is attended by the staff of the Chief Inspectorate and two environmental inspectors from each local service. This large contingent at the seminar increases the involvement of the different services and members of staff of the EIS in the creation and implementation of the EIP. After the planning seminar, the Chief Inspectorate develops the proposals and makes an estimate of the necessary staffing and the necessary budget. The EIP is then definitively approved by the staff and submitted to the Director-General and the Minister for approval. The 2004 EIP was a very ambitious and full annual plan that was regarded as a challenge for the whole Section. For the execution of this plan all internal services and personnel of the EIS were therefore maximally utilised.

As already mentioned in the ﬁrst section, the reason for the existence of the EIS is ‘to check and stimulate the quality of environmental health policy and its implementation, with the objective of improving the quality of the environment’. This reason is translated into a number of tasks. The most important of these tasks are certainly carrying out inspections and taking measures. These two tasks also comprise the subject of the EIP.

Inspection activities In the 2004 EIP it was attempted to budget and time all the inspection activities of the EIS. These activities are however numerous and diverse. They were grouped according to nature and origin. The different inspection activities are defined below and are then comprehensively covered in the four following sections of this report. Specific enforcement campaigns Specific enforcement campaigns are inspection activities effected in a planned and co-ordinated manner. This group was subdivided into projects, actions and research assignments. Projects are once-only renewing activities and have a well-defined content and clearly set start and end. The working groups play a main part in projects. Thanks to the level of expertise of the working group and also by calling on external experts when needed, the follow-up process can be brought to a higher level. The establishments or sectors selected must have a strong environmental impact. In the context of a number of projects, the decision is taken to adopt an approach with anchor points in the local services. The anchor points develop the necessary expertise through teamwork, carry out the inspections themselves (with or without the dossier owner) and provide the dossier owner with the necessary assistance and feedback. Actions are co-ordinated tasks in a certain sector. An action is clearly defined by the working groups and is particularly executory. The persons responsible for coordinating actions and those responsible for offering the necessary support are clearly

28 • Environmental Enforcement Report 2004 of the Environment Inspection Section

Air emission measurement

Wastewater sampling

identified. Also, a number of actions are planned with a view to an approach with anchor points in the local services. Research assignments are used when it is appropriate to have the enforcement work of the EIS supported by scientific research. There are different kinds of examinations to be distinguished: the more general sector-related examinations, tasks within the framework of projects or actions and file-bound tasks for the advising and informing of the EIS. The EIP 2004 also took account of the further processing of projects from previous years. A number of these projects indeed had a duration of longer than a year, or for some reason were not completed within the period set. Specific enforcement campaigns concentrate on sectors with a high environmental relevance, the balanced distribution of the files among the field staff and a uniform strategy for the whole Flemish Region. When choosing the sectors, European directives provide a guiding principle (e.g. IPPC directive, Seveso II directive). It is also attempted to co-ordinate the activities in the different sectors of the environment on have them result in integrated inspections. Choosing an integrated approach explicitly enhances the objectives of the integrated pollution prevention and control (IPPC) directive. Because an integrated approach to pollution control offers the best guarantee of a high level of protection for the environment as a whole and at the same time promotes the principle of sustainable development, in 2004 the EIS set up a pilot project (IPPC) for the development of a new inspection instrument designed initially for IPPC companies in the chemical sector. Routine inspections Routine inspections form the basis for the policy of presence in the field and ensure that the chance of an inspection is not related to a campaign or a complaint, for example. These activities are co-ordinated by the local services.

Soil sampling

A number of routine tasks specifically relate to one environment compartment. The routine sampling (waste, soil, groundwater, manure and water) and routine measurements (air, noise and vibration) are typical examples. Other routine tasks concern the operation of nuisance-producing establishments in general. Controls following a decision of refusal and the inspection of special licence conditions are just two examples. It is the environmental inspector who, in consultation with the Head of Section and in accordance with the priorities made or other arrangements, decides if a certain inspection is to be carried out. Routine activities also include ‘checking the self-monitoring process’. The environmental rules and regulations ensue some important directives concerning this self-monitoring process. The information provided, as well as the methods used by companies for carrying out their self-monitoring, are verified by the EIS. Reactive inspections Reactive inspections are carried out following an appeal that has been submitted to the EIS. Because such inspections can only take place after an appeal has been submitted, it is particularly difficult to effectively plan reactive inspections. In the EIP, on the basis of the information from previous years, an attempt was made to estimate the time needed for acting after the receiving of a complaint, the notification of an incident, a request for an evaluation report for a trial licence, notes from the Public Prosecutor, a parliamentary question, a request for advice (a file for investment deduction, registration as EMAS location or exemption from the waste water levy for a private (waste) water treatment plan) and high supervision. The response to this appeal and the timeframe in which it was made, are both determined to a considerable degree by the list of priorities

Environment inspection plan 2004 • 29

Follow-up and own initiatives ‘The work of an environmental inspector only commences after the inspection is finished’. This is a rather bold, but true assertion. During an inspection all sorts of observations are made that must always be checked against the prevailing regulations. The assessment of all the information and the further dealing with infringements observed can require much more work than the actual site inspection. From the figures in the previous Environmental Enforcement Reports it can be deduced that in approximately 10% of the cases an inspection results in the drawing up an official report. At the same time the proceedings under administrative law for a file are also started, in order to arrive at the rectification of the shortcomings observed. Here the enforcement tools and the codes of good practice form the guiding principle. Because the follow-up of an inspection is very file-related, it is difficult to make a good estimate of the time needed for this follow-up with each of the inspection activities. This is why with the drawing up of the EIP it was decided to only consider the following constituent processes with the assessment of the time needed for an inspection activity: file preparation, movement and observations on-site, the inspection report and the assessment of observations, reporting to the Public Prosecutor and giving of a first exhortation and reporting (internal and external). The time needed for all further follow-up activities was generally budgeted and mentioned as an individual item after the inspection activities. There is also a part for ‘internal initiatives’, because it is very important that the EIP should also reserve time for the ‘official’ inspections carried out at the initiative of the environmental inspectors. The time reserved for progress monitoring and ‘internal initiatives’ is shown as a separate item after the inspection activities.

Allocation of time Because all the enforcement activities were included, with the drawing up of the EIP it is ensured that the time needed for the activities is estimated as carefully as possible. The plan was based on a time registration exercise carried out by the whole Section in the autumn of 1998. An important conclusion was that an environmental inspector spends an average of 77.5% of his or her time on the process of ‘Inspecting and taking measures’. This ﬁgure was multiplied by the available FTEs and the resulting time applied as an absolute upper limit for planning. The rest of the time available is allocated to a number of processes with direct results (the drawing up of an annual plan, the granting of tasks to experts, policy forming and appraisal, the ensuring of the enforcement of environmental health legislation by municipalities and provinces, and intra, inter and supra regional co-operation with other (environmental) actors), and a number of supportive processes in which, among other aspects, training has a signiﬁcant part.

Plans and priorities The great diversity of and particularly the very large number of establishments to be inspected make the volume of work very large. Drawing up a plan is a way of better managing this volume of work and the workload. But experience teaches us that however carefully drawn up a plan may be, the volume of work remains too large. Priorities must therefore be made, and these priorities form part of the EIP. When drawing up a list of priorities the different activities are classified according to their importance and urgency by checking them against different criteria. This was already done in 1998 by the EIS. The list of priorities was updated at the end of 2002. The criteria used are mentioned in the table below. CRITERIA USED FOR DRAWING UP THE LIST OF PRIORITIES OF ACTIVITIES Criterion

Explanation

Nature

Environmental impact

How seriously does the environment and/or people suﬀer if the EIS does not (immediately) carry out this task?

Important

Time limits

Are these imposed or does the EIS itself impose limits?

Urgent

Available resources

Are there sufficient financial resources, (qualified) people and material resources to satisfactorily conduct this task or assignment?

Important

Hierarchy of tasks or client

What type of task or assignment is involved or who is the client?

Important and urgent

The checking has resulted in a list of priorities in which the tasks and assignments are classified in the following groups: - highest priority: tasks and assignments that must immediately be carried out: other tasks and assignments are suspended until this task or assignment has been completed; - very high priority: tasks and assignments that certainly must be carried out within the periods set; - high priority: tasks and assignments that must be carried out; if appropriate they can be suspended; - not a priority: tasks and assignments that because of lack of time cannot always be carried out. The carrying out of specific enforcement campaigns belongs to the very high priority group. A consequence can be that less high priority tasks or assignments (e.g. some reactive inspections or routine inspections) will not be (able to be) completed according to the plans. Drawing up plans and priorities also involves the possibility to respond to current affairs. Should there be a crisis or should other incidental inspections be required, or should the latest (political) insights demand immediate action, it would be automatically implied that the priorities must be weighed up against each other and that other activities from the EIP must be suspended.

Summary of the 2004 EIP The table on the following page provides an overview of the items that were included in the 2004 EIP. More information about its execution can be found in the following four chapters.

30 • Environmental Enforcement Report 2004 of the Environment Inspection Section

SUMMARY EIP 2004 NATURE

THEME

Noise

- Noise legislation

Soil

Investigation

- Verkennend onderzoek m.b.t. de bodem- en grondwaterproblematiek

Waste

- Inspection of the use of ozone depleting substances - Speciﬁc inspection at ship breakers and repairers

MGOs

- Exploratory research on the MGO issue

Water

Safety

- Seveso II enforcement system - Safety investigations - Inspection of petrol stations

Noise

- Noise and vibration investigations - Quality control of acoustic investigations

Waste

Groundwater pollution around landfill sites Inspections within the framework of the agreement on animal waste Specific inspections of soil treatment plants Monitoring of the sale of sludge in agriculture Inspection of the finishing of landfill sites Inspection of the incineration of waste Updating of observation well data at landfill sites

Air

Veriﬁcation of the self-monitoring for air pollution Emission measurements at companies in the ceramics sector Odour investigation Kortrijk Odour investigation Merksem Odour investigation Ieper Audits of permanently ﬁtted measurement equipment in power station

Quarries

Enforcement campaigns in previous years

- Integrated inspection of IPPC companies in the chemical sector - Directive extinguishing water - Manning scenario

Manure

Inspection of MWWTPs Food companies under Directive 91/271 Inspection of self-monitoring for waste water Discharge of hazardous substances

- Inspection of inﬁlling at quarries and mines - Monitoring the agreement on manure spreading - Multidisciplinary scanning of (potentially) heavily polluting companies

Water

- Audit of sampling by laboratories

Safety

- ASER Assessement tool for controlling environmental risks - Adding air pathway to E-index

Waste Air Safety Air

- Support quality manual waste and internal audit waste water - Investigation of measurement methods and emission measurements for dioxin-like PCBs - Safety investigations -

Determining VOC emissions resulting from the use of solvents Inspection of VOC emissions in the graphics industry Inspection of dry cleaning companies (involving local authorities) Odour investigation Gent Odour investigation Maasmechelen

Water

- Camera inspections in sewers and pipelines - Routine sampling of waste water

Noise

- Ad hoc noise and vibration measurement

Waste

- Routine sampling of was, soil, groundwater and manure - Inspection of the systematic disposal of appliances containing PCBs

Air Operation

REACTIVE INSPECTIONS

ROUTINE INSPECTIONS

TITLE

Safety

Actions

SPECIFIC ENFORCEMENT CAMPAIGNS

Projects

IPPC

- Routine air emission measurements - Air immission measurements - Refusals - Particular conditions - Veriﬁcation of self-monitoring -

Complaints Incidents Evaluation report for pilot authorisation Enforcement report upon renewing authorisation Evaluation of the action plan Evaluation of a new heading 2 facility Reactive inspections at the request of other authorities Reporting of marginal notes Advice (PWTPs, investment deduction, EMAS, etc.) Parliamentary questions High supervision

FOLLOWUP AND OWN INITIATIVE

Environment inspection plan 2004 • 31

Specific enforcement campaigns are enforcement activities effected in a planned and co-ordinated manner. This group is subdivided in the EIP into projects, actions, research assignments and the ongoing projects from the previous years. Each working group co-ordinates a number of campaigns, and this section reports on these activities per working group. The order follows the classification in the Environment Inspection Plan.

Speciﬁc enforcement campaigns Water working group The water working group is the department of the EIS with enforcement expertise in the area of waste water. In 2004, the focus was mainly on waste discharges from large food companies, the self-monitoring of waste water, the discharge of hazardous substances and the inspection of waste water treatment plants. Within the framework of its policy preparation work, the working group also acted as a steering committee in the context of an investigation into the determination of the colour of waste water.

Food companies under directive 91/271/EEC European Directive 91/271/EEC relating to municipal waste water treatment imposes the following obligation in article 13§1: ‘The Member States ensure that biodegradable industrial waste water from installations at the branches of industry mentioned in appendix III (mainly food companies and related sectors) that is not discharged into receiving waters through municipal waste water treatment plants must, no later than 31 December 2000, satisfy the conditions established in prior conditions and/or special licences by the competent authority before discharging if these are discharges from installations amounting to at least 4,000 i.e..” This article was incorporated in Vlarem II. For this reason, in 2001 the EIS began work on the inventorization of these companies and carried out additional inspections within these companies within the framework of the routine sampling. These inspections were stepped up and coordinated from 2002 on: within 87 companies the EIS takes at least three annual waste water samples to determine whether the companies meet all the provisions throughout the year. In 2004, therefore, this process was also implemented throughout the year. The fact that this was spread over the

year ensured that the companies with seasonal activities were better inspected, for example vegetable processors. Within the framework of this action, in 2004 no fewer than 251 waste water samples were taken and analyzed. The results of previous years show a clearly positive trend. Based on a limited number of results, it was found that in 2001 64% of the companies concerned complied with the discharge limit values. In 2002, however, the percentage fell to 57% (perhaps also due to more intensive inspections). In contrast, the percentage rose once again to 78% in 2003 and remained stable in 2004: 21 companies are not yet fully compliant. Judging from the data of the individual company inspections, it can be concluded that in 2004 further clean-up operations will be carried out, which within a short time will ensure that the standards will be fully met. The companies concerned by this problem include five who must further reduce the volume of organic pollution they release. The exceeding of the limit values within the sixteen other companies are due to inadequate tertiary treatment whereby either the nitrogen removal is inadequate or the phosphorus removal process is not yet up to standard. In the potato sector, three companies are still a long way from meeting the phosphorus standard because pyrophosphate is added during the production process. These companies have (so far) failed to meet the stringent phosphorus requirements. Furthermore, a number of problems that have come to light at vegetable processors are due to their seasonal activities. As a result, the composition of the inflow of the water treatment can fluctuate considerably, which in turn causes various difficulties in the control of the waste water treatment process. An official report was drawn up concerning breaches of the

Speciﬁc enforcement campaigns • 33

Biological water puriﬁcation at one of the food companies inspected.

discharge limit values and the necessary oﬃcial orders were issued to the operators concerned to ensure that the necessary clean-up operations would be carried out within a reasonable period.

Self-monitoring in the discharge of waste water In addition to the routine veriﬁcation of self-monitoring processes (as described in the chapter on routine inspections), in 2004 the EIS put additional emphasis on the ongoing process of verifying self-monitoring with regard to the discharge of waste water. The most extensive self-monitoring processes must be carried out by companies who discharge hazardous substances, with a ﬂow exceeding 50 m³/hour, i.e. a total of 159 companies. In 2003, the self-monitoring process had already been extensively checked within 44 of these companies. All the other companies concerned (115) were checked in 2004. These inspections were carried out on the basis of an EIS instruction, a checklist and an explanatory note.

VERIFICATION OF SELFMONITORING WITH REGARD TO WASTE WATER Number of companies veriﬁed

115

Implementation of self-monitoring fully compliant

with minor anomalies

53% 35%

with several anomalies

12%

fully compliant

69%

with violations

Results of analysis of self-monitoring

The operator himself has already taken measures upon discovering violations during the self-monitoring

31% 33/36

among the companies in Flanders that are responsible for the largest volume of discharge). The EIS found that in one third of the companies one or more of the analysis results yielded a value above the discharge limit value. Almost all the companies concerned themselves identiﬁed measures to avoid these violations. Only three companies took no action until after the inspection by the EIS.

Discharge of hazardous substances Industrial waste water includes the substances that belong to the families or groups of substances in lists I and II of annex 2C of Vlarem I (= black and grey list), which are considered as hazardous substances. These substances may be discharged above the environmental quality standard only if specific emission limit values are stipulated in the environmental license. For the assessment of the presence of hazardous substances in the industrial waste water, the EIS has for some years been using an internal guideline that takes into account, among other things, detection limits, measurement errors and matrix effects. The aim is to ensure uniform interpretation in the assessment of the presence of hazardous substances in the discharge of industrial waste water. The EIS decided that the discharge of hazardous substances must continue to be actively investigated in a large number of companies. In 2004, the EIS focused especially on volatile organic halogen compounds, total phosphorus, bromide flame retardants and dioxins and furans. Volatile organic halogen compounds The concentrations of 44 individual substances are identified in the course of the detection of volatile organic halogen compounds. These consist mainly of solvents, but some substances OVERVIEW OF THE MOST FREQUENTLY DETECTED SUBSTANCES

Only 53% of the companies were found to be fully compliant in the self-monitoring process. Within 47% of the companies that were veriﬁed, one or more anomalies were detected, generally because inadequate parameters were incorporated in the selfmonitoring program or because the frequency of self-monitoring was reduced too quickly. Once again, it appears that selfmonitoring is not yet suﬃciently ingrained in industry (even

25 - 50 μg/l

> 50 μg/l

chloroform

dichloromethane

tetrachloroethylene

dichloroethene

trichloroethylene

34 • Environmental Enforcement Report 2004 of the Environment Inspection Section

The extensive self-monitoring analyses must be made using 24-hr ﬂow proportional samples.

Discharge construction (left in photo): the EIS checked the discharge of hazardous substances here too.

(e.g. chloroform) can also be formed as a result of the reaction of organic substances with, for example, hypochlorite.

Brominated flame retardants Brominated flame retardants are substances that are added to all kinds of products during the production process (such as electrical and electronic goods, construction materials and textile products) to reduce the flammability of these products. The substances are persistent and can be bioaccumulative. They are also known to have hormonally disruptive effects. In the event of incineration, brominated dioxins and furans can be released. In annex 2C of Vlarem I, these products are listed as persistent bioaccumulative organic halogen compounds (black list substances).

Volatile organic halogen compounds are listed as toxic and non-readily degradable compounds. The EIS had this type of analysis carried out more than 600 times in 2004 within more than 300 diﬀerent companies. The table below gives an overview of the substances that were most frequently detected. In addition, very occasionally the EIS also detected small concentrations of the following substances: vinyl chloride, dibromochloromethane, chlorobenzene, bromochloromethane and chlorotoluene. Total phosphorus As organic phosphorus compounds are on the black list and inorganic phosphorus compounds and elementary phosphorus are on the grey list, the discharge of phosphorus must be considered as a discharge of a hazardous substance. The EIS checks this by means of a speciﬁc total phosphorus parameter. Since a maximum concentration of total phosphorus is stipulated in the licenses of an increasingly large number of companies, this parameter has already been requested in the context of many samples. In 2004, the EIS had this parameter analyzed in all the samples that were taken (1,888). In 1,403 samples, the parameter exceeded the detection limit. The distribution of the results is shown in the table below. Following the inspections, several companies requested a change to their environmental license (supplement) for the phosphorus parameter.

Results for total phosporus: Concentration in mg/l

Quantity

539

1-2

227

2-5

279

5 - 10

132

10 - 20

112

20 - 50

> 50

As a first step, VITO developed a method for the measurement of these substances in waste water. The EIS then had different samples of waste water taken from textile companies, plastic producers and waste water processors analyzed for polybrominated diphenyl ethers (PBDE) and hexabromocyclododecane (HBCD). Several companies do in fact discharge these substances (especially decaBDE), and the EIS ordered these companies to collect even more data and to stop discharging these substances. Furthermore, the environmental license of a textile company already prohibits any further discharge of these substances. In 2005, the EIS will carry out further investigations into the use and discharge of bromide flame retardants. These investigations will extend the EIS enforcement campaigns to other bromide flame retardants and to other companies and sectors. In addition to the inventorization phase, various samples and analyses will be carried out. Dioxins and furans As a result of the transposition of the European Waste Incineration Directive, several new provisions were added to Vlarem II concerning the discharge of waste water from the waste gas washing of waste incineration facilities. These provisions will come into force for existing facilities at the end of 2005. An important new provision deals with the discharge of dioxins and furans. The EIS began preparatory work for the inspection of this provision in 2004. The facilities in question were inventorized and the discharge situations were evaluated. Also, within each

Speciﬁc enforcement campaigns • 35

Some companies discharge heavily coloured wastewater: imposing colour standards can prevent pollution of the watercourse receiving the discharge.

At municipal wastewater treatment plants the EIS checked compliance with the emission conditions as well as supply and acceptance of waste substances.

facility (of which there are 4) the EIS had a sample taken for dioxins and furans. The concentrations detected were very far below the future standard value. However, the EIS will carry out further inspections for the discharge of dioxins and furans in 2005.

program has been fully implemented: the correct parameters have been determined with the correct frequency on the basis of flow-proportional sampling. Furthermore, the results of the self-monitoring program were evaluated. The already well-known problems with nitrogen removal in older facilities and facilities requiring renovation were confirmed. The number of facilities with persistent problems appears to be steadily decreasing. Moreover, the EIS detected incidental short-term violations at five waste water treatment plants.

The colour of waste water At the request of the EIS, VITO carried out an evaluation of the analytical determination of the colour of industrial waste water. The selected measurement method (Euclidean colour distance ΔE*ab) oﬀers the advantage that the value is determined across the entire visible spectrum and that it is independent of the tint. The proposed measurement method must make it possible to submit a proposal to the licensing authority to deal with problematic discharges of heavily coloured waste water into surface water (e.g. textile companies, vegetable companies, companies from the graphic sector and tank cleaners) to incorporate a colour standard as a particular condition in the environmental license. Given the far-reaching implications, this standard could be incorporated following a feasibility study. In the case of textile ﬁrms, the BAT reference document for these companies must also be taken into account.

Inspection of municipal waste water treatment plants In 2004, for the inspection of municipal waste water treatment plants the EIS continued on the momentum it had built up in 2003. It once again focused on two areas. Firstly, it continued the (annual) monitoring of compliance with the emission conditions and, secondly, it devoted much attention to the supply and acceptance of waste products, especially septic materials. Compliance with the emission conditions The EIS monitors compliance with the emission conditions within waste water treatment plants on the basis of self-monitoring (as prescribed by Vlarem II). As a result of the oﬃcial orders issued in recent years, the compulsory self-monitoring

The EIS’s objective is to ensure that all facilities are complying with all the standards as quickly as possible, including the facilities that are currently being renovated. The EIS is endeavouring to speed up the modernization of these facilities. Supply and acceptance of waste products The progress monitoring by the EIS of the supply and acceptance of waste products, including septic materials, at waste water treatment plants in 2004 yielded a clear and uniform procedure for the acceptance of waste products. All waste water treatment plants are now using the same procedure, and the procedure is also applied not only for septic materials but for all other waste products. The procedure has been incorporated in the plan of work of the waste water treatment plants. The EIS verified the effective implementation of the procedures in the plan of work. In this context, it placed particular emphasis on the compulsory visual inspection at the time of acceptance of waste products. Visual inspection is an important factor in the detection of suspicious shipments. In the past the EIS also made arrangements concerning the progress monitoring of refused shipments of septic materials. These arrangements were continued in 2004. When the competent delegate of Aquafin issues a refusal, the EIS is also immediately informed. The EIS then endeavours to carry out an inspection as promptly as possible on the premises of the waste transporter, firstly, to determine the origin of the shipment and, secondly, to ascertain the destination of the refused shipment. These inspections will be continued unabated in 2005.

36 • Environmental Enforcement Report 2004 of the Environment Inspection Section

The high degree of industrialisation means that Flanders has a high number of Seveso companies.

The majority of oﬃcial reports after Seveso inspections related to the storage of hazardous substances.

Safety working group The bulk of the work carried out by the Safety working group in 2004 was on the control of major-accident hazards. The group also paid attention to the control of service stations.

Implementation of the Co-operation Agreement On 26 June 2001 the ‘Co-operation Agreement of 21 June 1999 between the Federal Government, the Flemish Region, the Walloon Region and the Brussels Capital Region concerning the control of the dangers of major accidents which involve dangerous substances’ (Co-operation Agreement for short) came into force. This largely represented the conversion of the so-called Seveso II directive. The purpose of this directive is to achieve a high level of protection for the population and the environment. Because according to the European Union disparities in the arrangements for inspections by the competent authorities can lead to diﬀerent protection levels, the directive also makes high requirements of inspections by public authorities In the Co-operation Agreement the requirements of the directive are translated into the Belgian situation with shared competence for the federal government (employment protection) and the regions (protection of the surrounding land, the population and the environment). For each region an inspection team was set up with all the inspection services concerned on the basis of equivalence and retaining all their competences. As a result, for each region two inspection services are competent for a given facility: the regional Environment Inspection Section (EIS in Flanders) and the federal inspection service, which is responsible for the protection of workers. The most important task of the inspection team is the development of an inspection system that meets the set requirements: an inspection program for all Seveso II facilities, a report on each inspection and feedback to the management. The inspection teams also have tasks in the area of accident investigation, the reporting of such accidents to the European Commission and the imposition of a ban on operating under existing legislation if it is found that the operator has taken clearly

insufficient measures to prevent serious accidents and to limit the consequences for humans and the environment. The scope of the Co-operation Agreement is demarcated by two series of threshold values for 10 categories of hazardous substances and for a number of named substances. Three groups of establishments originate as a result: - establishments with hazardous substances in quantities below the first threshold, the so-called threshold 0 establishments: these companies are not covered by the Seveso directive; - establishments with hazardous substances in quantities between the first and the second threshold, the so-called threshold 1 establishments or low-threshold facilities: these companies fall under the application of the directive with a number of obligations, such as notification, general care and demonstration obligation and prevention policy for serious accidents; - establishments with hazardous substances in quantities above the second threshold, the so-called threshold 2 establishments or high-threshold facilities: these companies fall under the Seveso directive and must meet a number of extra conditions, such as a safety report and safety management system obligation. Given its high level of industrialization, Flanders has a large number of Seveso companies. Moreover, the number is variable, for example due to changes in company structures or the hazardous substances present. For this reason, further inventorization of Seveso companies and the determination of the Seveso status are important factors. In this context, considerable attention must be given to ecotoxic products, since more and more existing products are classified as ecotoxic (e.g. biocides) and since due to the change in the Seveso II Directive and the cooperation agreement the thresholds for the ecotoxic substances will be lowered. As a result, a major increase in Seveso companies is anticipated.

The Seveso II inspection program The Seveso inspections must provide a means of carrying out a

Speciﬁc enforcement campaigns • 37

planned and systematic investigation of the technical, organizational and managerial systems according to the cooperation agreement. By planned we mean that the inspections must be carefully scheduled, and systematic means that appropriate methods must be used. The requirement concerning the planned nature of the inspections is clarified in the cooperation agreement, because an inspection program is imposed as a condition of the inspection system. Arrangements for the inspection program The draft inspection program for the following year is drawn up in consultation between the Seveso inspectors of both competent inspection services. At this point, the nature of the inspections (inspection type) and the inspection service which is responsible for the inspections are decided. There are two possibilities: joint inspections and inspections by one single inspection service. The inspections are assigned on the basis of need and based on the purpose of the inspection. When the inspection program is drawn up for each company, the results of an internal inquiry and the available data are taken into account: licenses, notification, safety reports, data from previous inspections, environmental and safety-technical history, important changes and incidents within the company or in similar companies. Measures are taken to ensure that the different in-house systems are taken into consideration (technical, organizational and managerial). Particular attention is given to the facilities with the highest risk, to the systems that are found to be inadequately or insufficiently efficient and to the management’s sense of responsibility. The draft program is then presented within the two inspection services for approval. One important characteristic of the inspection program is that it is a dynamic process. The program is adapted in line with events (changes, incidents, new insight, etc.). In case of an accident, the first priority is to carry out an accident investigation in accordance with the provisions of the cooperation agreement. Implementation of the inspection program For the preparation and implementation of the scheduled (joint) inspections, the inspectors concerned make the necessary practical arrangements. Also, the EIS dossier owners are invited for the inspections. In 2004, a six-man Seveso team from the EIS carried out 202 inspections in 170 companies, most of them with colleagues from the chemical risk supervision department. More specifically, these figures mean that in 2004 the EIS examined a subaspect of the safety problems at 67% of the known threshold 1 facilities and at 71% of the known threshold 2 facilities. For certain inspections, a number of marginal notes must be inserted. One inspection can consist of several different types of inspection. For example, an investigation of a specific risk can be combined with the progress monitoring of the action

INSPECTIONS BY THE SEVESOTEAM Number of controlled threshold 2 establishments

Number of controlled threshold 1 establishments

Number of controlled threshold 0 establishments

Total number of controlled establishments

170

Number of inspections carried out

202

plans resulting from previous inspections. One inspection can also be spread over several days. Inspection types such as an ‘inspection of the safety management system’ or a ‘safety investigation’ involve such a thorough investigation that considerable time is needed. In principle, after each inspection an enforcement letter is sent to the company by the inspection services. In the case of the EIS, this may take the form of suggestions or official orders, which are based both on the cooperation agreement and on the Environmental License Decree. The framework within which the progress monitoring is carried out is selected according to the problems involved and the effectiveness of the enforcement. In 2004, the EIS drew up 17 official reports as a result of the inspections, all within the framework of the Environmental License Decree. The majority were related to the storage of hazardous products, but the nature of the offences differs in the case of storage in warehouses and storage in tanks. In the case of storage in warehouses, the main problem is compliance with the license requirements, while in the case of storage in tanks the problem is compliance with the conditions. In three storage warehouses, the EIS found that the quantities exceeded both the Seveso thresholds and the authorized capacity. In these cases, the EIS drew up an official report and ordered the operator to reduce the storage to the authorized quantities. Also, the operators had to develop an adequate recording system coupled with a strict acceptance procedure, in order to ensure compliance with the license at all times. In one case, the persistence of the offences led to a mandatory measure: the stoppage of the supply of certain hazardous substances. As of the end of 2004, the appeal against the mandatory measure was being heard by the Minister. As in previous years, it is striking that many companies are still having problems with the compulsory periodic investigation of storage tanks for hazardous products. The EIS noted that many tanks were in use for which a valid or positive test certificate could not be shown. In a number of cases, the investigations had not been carried out. For other tanks, the remarks made by the recognized environmental experts in the certificate had (still) not been followed up, and similar observations applied to the testing of electrical installations. However, the EIS also found very many anomalies and nonconformities concerning the quality of investigations and the reporting thereof by recognized environmental experts: - The certificates were in many cases too brief, incomplete or even inaccurate;

38 • Environmental Enforcement Report 2004 of the Environment Inspection Section

types are shown in the accompanying table.

- The actual implementation of the investigation was often incomplete or insuﬃcient, in terms both of documentation and of the observations; - The recognized experts regularly interpreted the legislation incorrectly, for example in cases of exemptions or postponements with regard to the testing obligation.

The most striking observation is the very large number of progress monitorings. In no fewer than 93 companies, the progress monitoring of the outstanding actions was an important element of the inspections. This strikingly illustrates the importance that the EIS attaches to progress monitoring. It is only through adequate progress monitoring that the enforcement circle can be closed.

In the official orders issued to the companies, the EIS clearly stated that the operators must check the certificates of the experts more efficiently and inform the experts if they disagree with the contents.

It is also worth mentioning that there was a balanced distribution concerning the inspection of the different in-house systems as regards the technical and organizational aspects and the management processes. The most important finding of the EIS during these inspections is that there are still considerable differences in the degree of implementation of the Safety Management System and of the underlying organizational systems, such as the implementation and progress monitoring of actions and the use of procedures. Also, the anomalies that came to light concerning the testing of tanks and electrical installations can be explained (at least partially) by a faulty Safety Management System.

The EIS also draws up an inventory of the anomalies and nonconformities that come to light and sends it to the services that carry out the progress monitoring of the accreditations of the experts. In this way, the quality assurance of the environmental experts can be developed and the accreditation suspension and withdrawal policy can be tailored to the observations carried out on the ground. The distribution of the diﬀerent inspection types is shown in the attached tables, and the diﬀerences between the inspection

INSPECTION TYPE

DESCRIPTION

Inspection of the Seveso status

- to determine whether the company falls within the scope of application matching the license status with the real situation

Initial inspection

Inspection of technical measures Inspection of organizational systems Inspection of safety management system

- evaluation of the in-house systems - testing according to requirements (legal, experience data, company-speciﬁc)

Veriﬁcation of safety report (SR)

- inspection of the accuracy of the information in the SR

Investigation of speciﬁc risks

- thorough investigation of one or more systems

Safety investigation

- task given to SR expert: assessment of the measures taken and the measures required for the problems described

Accident investigation

- analysis of systematic causes and consequences determination of additional measures (rehabilitation, prevention of recurrence)

Progress monitoring

- test of compliance with instructions given

explanation for the cooperation agreement possible veriﬁcation of the Seveso status inspection of the most important conditions as regards environmental safety le stand preventiebeleid en veiligheidsrapport

Seveso inspections in 2004 Inspection Seveso status Initial inspection Inspection of technical measures Inspection of organizational systems Inspection of safety management system Investigation of speciﬁc risks Veriﬁcation of safety report (SR) Safety investigation Accident investigation Progress monitoring

10 threshold 0

threshold 1

threshold 2

Speciﬁc enforcement campaigns • 39

Safety investigations Three safety investigations were completed in 2004. Because the subject to be examined requires very thorough knowledge, accredited safety report experts were given the assignment of conducting the investigation to advise and provide information to the EIS. The assignments provided for a safety site inspection and a risk study. In two chemical companies, the expert carried out an investigation of the accident scenarios and of the measures taken. He focused mainly on the accident scenarios that made an important contribution to the calculated risk based on the safety reports. He investigated the influence of the measures taken on the calculated risk using the technique of failure risk reduction, the aim being to generate more representative probabilities for the different causes. In one of the companies, the (representative) probabilities used were confirmed. The other company drew up an action plan on the basis of the results of the investigation to give a more detailed qualitative and quantitative picture of the measures taken. Possible failure risk and impact reduction will be systematically examined. The damage limitation measures that generate the impact reduction must be defined in consultation with the competent services as regards emergency planning and must be backed up by the necessary calculations. The third safety investigation evaluated the possible domino effect of a nearby company on the facilities of a Seveso company. The expert traced the possible domino effect and examined whether the operators of the two companies had taken all the necessary measures to control this effect. The recommendations of the expert focused mainly on emergency planning (more specifically, instead of a general emergency plan, cooperation between the two companies, etc.). Following the evaluation, the Seveso company informs the EIS of the measures taken and the planned measures.

of operation after the operators were informed of the requirements of the environmental legislation. In 16 petrol stations, the necessary changes have been made or are in the process of being made. In the case of 27 petrol stations, the period of the official orders has not yet expired. In many cases, soil remediation and town planning permission are additional factors that can significantly influence or slow down the procedure of complete regularization.

Noise and vibrations working group By far most of the work of the noise and vibrations working group has to do with the handling of complaints about noise and vibrations. For some years, the working group has felt that the current legislation on noise abatement must be updated. Participation in previous discontinued regulatory initiatives aimed at amending the Vlarem regulations yielded very little in the way of results. For this reason, the working group drew up its own text that will be presented to the diﬀerent competent authorities.

Amendment of the ‘noise’ legislation in Vlarem II The applicable legislation is now ﬁve years old, and the EIS believes that the time has come to give the policy-makers some feedback based on its experience. The EIS believes that they can best give feedback by proposing a new coherent text and therefore not by making a number of disjointed remarks about the existing legal text. Moreover, as far as possible the new text also follows the existing text.

Inspection of petrol stations Since 1997, a particular action has been implemented of which the ultimate aim is to ensure that all petrol stations in Flanders undergo an inspection. In 2004, the emphasis was on the petrol stations that according to Vlarem II by 1 July 2003 had to meet a number of construction and equipment requirements, such as a fluid-resistant forecourt, a hydrocarbon separator, leak detection and overfill protection. On the basis of an updated inventory, the EIS submitted all the petrol stations that met these criteria to a quick screening process, during which the EIS checked at least whether the tank area had been made fluid-resistant and whether the necessary collection system was present to avoid soil pollution. The EIS then selected 71 of the 564 screened petrol stations for a more extensive inspection. To this end, the EIS used a checklist that included all the applicable operating conditions. At the end of 2004, a total of 28 petrol stations were taken out

Set-up used to measure noise

The problems 1. The basic problem is that the acoustic level that characterizes the relevant value of the noise made by a facility is not deﬁned in Vlarem. There are standards, but it is not clear what

40 • Environmental Enforcement Report 2004 of the Environment Inspection Section

level should be tested against these standards! This must be a unique case in legislation (note: for odour or light pollution there are also no values, but neither are there standards). It is clear that this undermines legal security. 2. Although the current legislation has been in force for only five years, it in fact dates back to the 1980s. At that time, advice was given when the licence was issued, and the same officers were responsible for supervision. Now these functions are separate. This can be seen from the fact that there are two types of acoustic investigations, limited acoustic investigations (LAIs) and complete acoustic investigations (COIs). LAIs are investigations for enforcement. They are therefore the most important type for the EIS. Vlarem II gives only one definition for LAIs, while a complete annex is devoted to COIs. In practice, this means that too much importance is attached to COIs. 3. When noise is measured in a certain place, it is always the total noise, the noise of all the sources together. From this total noise the contribution of that one facility of which the specific noise must be determined is important. It is absolutely clear that the capabilities of the measurement equipment used are important to determine the proportion of the noise made by a certain facility. Thanks to breakthroughs in the field of electronics, the capabilities of recent equipment have increased tremendously. For example, all modern devices continuously log measurement results (including spectra), analyze these results on a PC, make audio recordings, etc. The current legislation takes no account whatsoever of these developments, so it is sufficient for COIs in their current form to reduce the results of a full hour of measurement to only four acoustic values (see article 1 § 1. of annex 4.5.1 of Vlarem II and article 1. 1° of annex 4.5.2) of which two, namely L Aeq,1h and L A5,1h are generally determined by the residual noise and are therefore useless. Also, for COIs only immission measurements are carried out. However, emission measurements from which immission levels are calculated with computer programs are increasingly being used. 4. Finally, a number of amendments are absolutely necessary: - the distinction between the relevant value and the specific noise must be clarified, because at the present time this is artificial and can lead to confusion; - the standards inside the company must also apply if there is no party wall; - the enforcement process in connection with existing facilities must be logical and not as currently described in section 4.5.4 of Vlarem II; - section 4.5.6 of Vlarem II is superfluous and can be done away with.

Objective Vlarem II is an implementing order of the Environmental License Decree of 28 June 1985 (see article 1.1.1 of Vlarem II). The basic article of the legislation is Article 22 of the Decree, which states that the operator of a facility must always take the necessary measures to prevent noise pollution. The objective is therefore to bring the texts into line with this article. The text drawn up by the EIS will be sent to the competent authorities in the course of 2005.

Noise measurements around the national airport In 2004, airports and noise nuisance were a burning issue because of the many complaints, especially as regards night flights. The fact that a new license application had been made for the national airport kept the problem in the limelight. In the environmental license that was still valid in 2004, there was one particular condition concerning the limitation of noise immission in the environment: “During the night (11 pm-6 am) from 1 January 2002 for any takeoff of an aircraft on the runways currently used (runways 20, 25R and 25L: in a westerly or southerly direction) the immission limit value (Sound Exposure Level - SEL) applies in the open air and outside the (night) zone that includes the noise contour L Aeq,night = 55 dB(A) of maximum 90 dB(A). The L Aeq,night contour of 55 dB(A) is based on the situation as it existed in 1998.” Based on that article, the EIS issued a restricted invitation to tender to have noise measurements carried out by recognized environmental experts in the most noise-sensitive areas around the airport. Six measurement points were pinpointed for these measurements. Three of these points were clustered around the western tip of the noise contour, namely on Streekbaan in Koningslo, on Vlierkenslaan in Vilvoorde and on Grimbergsesteenweg in Grimbergen. The three other points selected were around the southern tip of the noise contour, namely on Oudergemselaan in Sterrebeek, on Eduard Hassenslaan in Tervuren and on Spechtenlaan in Tervuren. In each case, there was a measurement point on the most distant point of the contour and to the left and right of it to be able to record the most diverse flight paths. The measurement points were fitted with microphones and recording equipment in order to be able to listen to recorded events and to identify sounds. In both areas, two measurement points were equipped with weather sensors to measure wind direction, wind speed and precipitation. The measurements were carried out in the period from 18 June 2004 to 30 July 2004 for the northwest tip and from 23 June 2004 to 1 August 2004 for the southern tip. In order to limit somewhat the number of recorded sounds and to avoid overloading the equipment unnecessarily, a lower limit of 60 dB(A) was set. To avoid discussion, the EIS later listened to the events in which a violation of the noise immis-

Speciﬁc enforcement campaigns • 41

Noise contours around the airport provided the basis for a special condition inserted into the in 2004 applicable environmental license.

Emissions of ozone-depleting substances from Flanders Source: VMM - Objective: Mina-plan 3 1000

ODP-tons a year

800

600

400

200

0 1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

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2007

MI had the integrity of 130 installation measured (leak-proof).

sion limit value was determined. The results with interference (rain, strong wind, storm, bird sounds, road traffic, festivities, etc.) were eliminated. The EIS considered as relevant violations of the limit value of 90dB(A) by 1dB(A). The EIS detected 13 significant violations. On the basis of these results, the EIS drew up an official report that was sent to the Public Prosecutor. For the sake of completeness, it must be pointed out that the sound emission limit value of 90 dB(A) (SEL) for night flights was not incorporated in the license granted by decision of the Permanent Deputation of the Province of Flemish Brabant of 8 July 2004 (D/PMVC/04A06/00637 for continued operation and change to the takeoff and landing strips of the airfield, license granted until 8 July 2024) or in the license of 30 December 2004 (amended upon appeal). For this reason, the EIS did not impose any measures for night flights. The municipalities concerned, the complainants and the ombudsman were informed of the initiatives of the EIS.

Waste working group In 2004, the waste working group played its coordinating role in the context of the enforcement of the disposal and processing of waste products mainly by implementing a project in the sector of ship breakers and repairers, by continuing to monitor the use of ozone-depleting substances and by initiating actions aimed at dealing with landﬁll sites, slaughterhouses and producers of sludge used in agriculture.

Use of ozone-depleting substances According to the environment policy plan 2003-2007 approved on 19 September 2003 by the Flemish Government (MINA plan 3), the emissions of ozone-depleting substances from Flanders must be reduced by at least 70% compared with the emissions in 1999. This means a reduction from 670 ODP tons of emissions to 201 ODP tons of emissions, where one ODP ton corresponds to the number of tons of an ozone-depleting substance with the same harmful eﬀect as one ton of CFK-11.

In 2001, these emissions amounted to 488 ODP tons, while in 2003 the figure fell to 336 ODP tons, a reduction of 50% compared with 1999. A further reduction of 135 ODP tons must be achieved over a period of four years (2004-2007). This reduction must be made in the sectors where these substances are used most: refrigeration, the production of plastic foam and the protection of technical installations against fire. Refrigeration plants In 2004, the EIS inspected 39 companies that run refrigeration plants. A professional refrigeration technician assisted the environmental inspector in his work, which was to inspect a number of refrigeration plants for the presence of refrigerant gas leaks based on random samples. Of the 130 systems tested more than two thirds were found not to be leakproof. Although each system was examined only partially, nonetheless on average two to three leaks were detected at each system that was examined. The components that tended to leak are those that separate the actual refrigerant circuit from the environment using non-permanent gastight components, such as taps, valves and packing. Operators are under a legal obligation to keep a log for each system if the refrigerant content of the system exceeds 3 kilograms and if the refrigerant is an ozone-depleting substance or a fluorinated greenhouse gas. In 32 of the 39 companies, the log - if there was one - did not contain all the required information. Typical anomalies included failure to mention the technical characteristics of the system, the quantities of refrigerant that have been topped up as a result of refrigerant gas leaks, the causes of these topups, mention or details of the preventive or periodic monitoring of possible causes of leakage and a description of the maintenance, repair and installation work carried out on the refrigeration plant. It was therefore the exception rather than the rule if the environmental inspector was in a position to have a completely accurate picture of the annual relative leak loss of the systems. Operators are also under an obligation to take all the measures that are feasible according to best available techniques to limit the individual leak loss from their refrigeration plants to a maximum 5% per year. There is a real risk that if the environmental inspector cannot assess annually the relative leak loss because of inadequate data management by the company,

Speciﬁc enforcement campaigns • 43

of banned refrigerant, which is presumably a consequence of non-professional conversion of the refrigeration plant to a refrigeration plant in which environment-friendly refrigerant can be used. The sample of one company was found to be pure banned CFK-12. The operator later admitted that they were using eleven machines of this type. He at once ordered that the refrigerant be removed. The machines now use the permitted refrigerant R409a.

neither can the operator. The ultimate result of this situation is therefore that the operator is not aware of or alarmed by successive refrigerant gas topups simply because they are not recorded or evaluated, let alone get suﬃcient attention, and that for months if not years systems generate refrigerant gas emissions without the operator taking any action to have the refrigerant gas leak sealed.

The anomalies that came to light are not new for the environmental inspectors. They suggest that the operators focus on the core activities of their company and that for the availability of utilities, such as the generation of refrigeration, they call in good faith on the services of the cheapest specialists, such as specialists in refrigeration, who do not always provide the most environment-friendly solutions, because they are in competition with each other. Much is expected of the arrangements for the accreditation of refrigeration technicians, which they have been announcing for years. There have been endless debates about this, but nothing has actually been done. These regulations would require each refrigeration technician - if he wants to continue to work - to prove periodically that he has suﬃcient professional competence and that he is working according to the environmental legislation.

Failing (perfunctory) corrective measures, such as a regular top up with refrigerant gas, the refrigeration plant will in the long term come to a halt due to lack of refrigerant, with a loss of operational capacity, a possible product loss and generation of waste. On the other hand, breakdowns of this kind do genuinely alarm the operator and are a daily concern. The operator therefore immediately takes measures when this happens. And the costs incurred as a result of these breakdowns are quite signiﬁcant. The refrigeration technician who works for the operator will guarantee the operational reliability and availability of the system that the operator is thus seeking to ensure by avoiding this type of calamity as adroitly as possible, that is, by regular refrigerant gas topups.

Non-refrigerated applications The use of ozone-depleting substances for activities other than applications for refrigeration is governed chieﬂy by European Regulation (EC) No. 2037/2000. This European Regulation is directly applicable in Belgium, and therefore also in Flanders. The Decree of 30 April 2004 (amending the law of 28 December 1964 concerning the control of air pollution and the Decree of 2 July 1981 concerning the prevention and management of waste products) implements the legal basis for enforcement in Flanders and sets the penalties for non-compliance with these regulations for which the Flemish Region is competent. The Regulation is very particular, because for its enforcement in federal Belgium it involves several supervisory authorities.

The EIS drew up an official report against four operators and issued official orders to 38 of the 39 companies that were inspected. The following offences came to light: insufficient measures to prevent leakage, leaking refrigeration plants, excessive leak losses, operation incompatible with Vlarem. Typical instructions were: create or draw up logs as required by Vlarem, seal refrigerant gas leaks, carry out periodic checks for leaktightness, draw up and implement a maintenance program according to a code of good practice, introduce the compulsory instruction cards in the installations, from now on first stop refrigerant gas leaks before topping up with refrigerant, submit the compulsory pressure and construction certificates and, lastly, propose measures to limit relative leak losses. At the end of 2004, the EIS noted that the operators had followed most of the instructions.

The EIS monitored twelve dossiers in 2004.

The operator and his cooling engineer have made it easy to top up the coolant …

The EIS also took samples of the refrigerant gases in the refrigeration plants that were used. Eighteen refrigerant gas samples were analyzed. Eight samples contained at least traces

Of two laboratories which are specialized in the analysis of water there was one that was still using CCl4 for the determination of pollution with mineral oil, which is banned. That laboratory has stopped using this prohibited method of analysis. One chemical company used for quality analyses in its laboratory the banned substance 1,1,1-trichloroethane without having applied to the European Commission for an exemption from the ban. The environmental inspector helped the company to comply with the legal obligation by putting it in touch with the appropriate contact within the supervisory authority. Three producers of plastic foam promptly discontinued using HCFC141b as a blowing agent. However, one producer continued to use it in 2004, even though this is prohibited by Regulation 2037/2000. On the one hand, the operator in question, like dozens of other producers in Europe, asked the European

44 • Environmental Enforcement Report 2004 of the Environment Inspection Section

The EIS inspects the methyl bromide store at the questionable company.

Commission to grant an exemption from the ban, on the grounds of their claim that there is a shortage on the market of the product that is a substitute for HCFC141b. On the other hand, the company requested a legal exemption from the ban, specifically on the grounds that continued use of HCFC141b is permitted provided the products are exported to countries where they can still be used. The EIS is looking into this case with experts from the European Commission. A chemical producer was found to have a storage capacity of 200 tons of the banned substance bromochloromethane. The operator explained that he was using that particular substance as a raw material, as defined by Regulation 2037/2000. As a result, he claims that this use is permitted by way of an exception. The EIS will also be looking into this case. The European Commission has formally asked Belgium to take appropriate action against a company in Flanders that is alleged to have imported without a license dozens of tons of methyl bromide for use as a pesticide in the transport sector (containers). The EIS has put its expertise at the service of the federal authorities who are responsible for imports (Customs and Excise) and for the marketing of products (FPS for Health and the Environment). An investigation of the methyl bromide stored by the company and the quantities delivered by the company to its customers did not yield any definitive answers concerning the allegation. Furthermore, an in-depth investigation by the Customs did not provide any proof of the suspicion. It was in fact not until the end of 2004 that it came to light that the company had intentionally made false statements to the European Commission. The company had in fact not imported tons of methyl bromide without a license via Belgium, but it had bought the substance on the European market to supply its customers.

their intentions concerning the disposal of the halon extinguishing agent. At the end of 2004, it appeared that of the registered 85 tons of halon 66 tons had been disposed of by a recognized transporter. In 2005, a definitive answer will be found concerning the remainder and concerning the regularity or otherwise of the disposal of this substance. Survey In 2004, the EIS organized a large-scale survey in Flanders. Thousands of companies received a letter in which they were asked to say whether they had in their refrigeration plants any ozone-depleting substances or any substances that contribute to the greenhouse effect and whether they used potentially ozone-depleting substances for applications other than refrigeration applications. The operators are legally obliged to convey this information to the EIS upon request. Although the operators could give their answers very easily by means of a website that was specially created for this purpose, this means of communication with the authorities has not by any means caught on, judging from the fact that for several days there was a constant stream of telephone calls from concerned operators, many of whom had never before had any contact with the EIS. This direct communication with the supervisory authorities showed clearly that quite a few operators did not know how many refrigeration plants they had and what kind of refrigeration plants they had often been using for years. The EIS will use the information thus obtained to set more effective priorities for its future inspections based on the quantities of ozone-depleting substances present.

Halons In 2004, the EIS did not discover any new ﬁre prevention equipment with halon as the extinguishing agent. A letter was sent to all 81 operators of halon extinguishers that the EIS had registered in 2002 and 2003 to inform them of the legal obligation to take these installations out of operation and to indicate

Speciﬁc enforcement campaigns • 45

In 2004 the EIS checked all relevant yards at which ships are repaired and salvaged.

Speciﬁc inspections at ship breakers and repairers In the past, many insulation materials containing asbestos were used in the construction of ships. Not surprisingly, therefore, it was suspected that ship breakers and repairers would demolish the ships and remove the asbestos illegally. Also, it was not clear whether the restrictions on the use of organic tin compounds (paint containing tributyl tin) as a growth inhibitor on ships were being complied with.

ing the ﬂag of a Member State or if it is operating under the authority of a Member State. This means that a ship repairer cannot be in possession of paint containing tributyl tin unless he uses it on warships, on navy ﬂeet auxiliaries, on other vessels that belong to or are under the control of a Member State that are used only for a non-commercial government service or on non-European vessels.

Vlarem requires that when working with asbestos the necessary measures be taken to ensure that emissions of asbestos in the environment and waste products containing asbestos are prevented. Asbestos fibres and dust cannot be released into the air, and fluids that may contain asbestos fibres cannot be discharged. When constructions and installations containing asbestos are demolished and when asbestos or materials containing asbestos are removed, no asbestos can be released into the environment. If waste products containing asbestos contain free asbestos fibres or asbestos dust, they can be disposed of only in a category 1 landfill site, and they must be encased in cement and packed in dustproof plastic packaging with the necessary asbestos labelling. At federal level, the ARAB regulations oblige every employer to make an extensive inventory of all the asbestos and all the materials containing asbestos that are present in the machines and in other equipment on the premises. Only companies that have obtained accreditation for this from the FPS for Employment, Labour and Social Dialogue are authorized to remove asbestos.

In 2004, the EIS inspected all the relevant shipyards where ships are repaired or scrapped. The aim of the EIS was to verify compliance with the environmental license conditions, in particular for asbestos and tributyl tin.

European Regulation (EC) No. 782/2003 prohibits the use of organic tin compounds in paint for a vessel’s hull if it is ﬂy-

Of the twelve companies that were inspected, nine were ship repairers and three were ship breakers. The inspections concerned ﬁve companies in the Province of Antwerp, four in East Flanders and three in West Flanders. The operators used dry docks, sometimes hauling the vessels onto the bank or treating the ships after they have been transported by road to their premises. Eight of the twelve companies that were inspected repair ocean-going vessels. No proof was found in any of these companies that the growth inhibitor based on tributyl tin was being used. Very small quantities of residue of the product were found on the premises of two companies (a few kilograms). Wherever possible, the environmental inspectors requested the data in each company concerning ﬁve activities: documents such as the tender, the contractual agreements, the invoices,

46 • Environmental Enforcement Report 2004 of the Environment Inspection Section

etc. In nine of the twelve shipyards, no indication was found that an asbestos inventory had been drawn up even once. In fact, it was found that an inventory had been drawn up in every case only in one company. Waste containing asbestos was found only in that company (in a covered plastic container outside). The waste containing asbestos was properly packed. The ship parts containing asbestos had been processed by recognized companies, and the waste had been collected by a recognized transporter. The definitive disposal was carried out by an authorized processor. Most companies say they have no problems with asbestos. For example, there was one ship breaker who stipulated that he would accept only vessels that had already been stripped of all waste so that all that remained was old iron. Then there was a repairer who said he refused vessels that contained asbestos. We can conclude from this that generally speaking asbestos is not removed on the premises of the companies that were inspected, but at some other - unknown - location. In any case, no proof was found of what only one employee of a ship repairer let slip inadvertently, namely that “the asbestos is removed by company personnel, and the waste containing asbestos from the repair of vessels is removed along with ordinary industrial waste”. An official report was drawn up against one ship breaker and one ship repairer. The ship breaker did not have an approved plan of work for the control of the waste products, the site was not properly maintained and cleaned, the drainage circuit was clogged with sludge, so that rainwater polluted with hydrocarbons could run into the canal, the soil around the storage tank for waste oil was polluted, there was a risk of the spread of dust polluted with PCBs, non-company waste products were stored, the working surface was not watertight everywhere, the particular conditions associated with its environmental license were not complied with, there was no discharge measurement flume for the waste water, and some activities had not been authorized. The repairer did not have a license for activities such as the storage of tyres, waste products and waste oil, the use of transformers, the mechanical processing of metals or the release of domestic waste water and industrial waste water. Nine of the twelve companies received an official order to change their mode of operation. The most important typical instructions were: store hazardous substances and compressed gases according to the Vlarem and create and complete the waste register according to the Vlarea. Through this inspection campaign, the EIS gave its support to the draft policy memorandum on asbestos control drawn up by the air section of Aminabel.

Inspections within the framework of the agreement on animal waste In 1986, for the ﬁrst time a cow was found to have mad cow disease or BSE in Great Britain. How the ﬁrst cow came to be contaminated with BSE cannot be established with any certainty. According to certain theories, it was caused by add-

ing to the cow’s fodder animal meal made from the remains of slaughtered animals and the carcasses of sheep or cows that were infected with scrapie or BSE. Scrapie is a sheep sickness which is related to BSE. BSE is also associated with a variant of the Creutzfeldt-Jacob disease (vCJD), which is fatal in humans. It has been shown that the pathogenic agent that produces vCJD is the same as that of BSE. The European authorities have since then taken a number of measures to prevent the spread of BSE - and at the same time other infectious diseases. The basic rule is that measures must be taken at all times to prevent animal by-products that are not intended for human consumption from reaching the food chain. In other words, animal feed must never contain proteins that come from the processing of oﬀal, which was in fact the case until a few years ago. The only animals that can still be fed animal waste are household pets. These do not reach the human food chain, at least not in Europe. In practice, the European concerns were expressed in European Regulation (EC) No. 1774/2002 concerning animal by-products

Storage of animal waste in a cool room.

which are not intended for human consumption. The term animal by-product is a loose term that encompasses not only the wellknown offal but also, for example, hide, dung, kitchen waste from planes and former foodstuffs of animal origin. There are three categories of animal by-products. Category 1 by-products, the specified risk material (SRM), includes the organs which are known to transfer the pathogenic agent of BSE. These must be definitively destroyed. All by-products that are classified as category 3 come from animals that have been declared fit for human consumption. These by-products must never reach human food, even indirectly. However, they can be used in the preparation of feed for household pets. The other category is category 2 - by-products that cannot be used in or as animal food. Following appropriate processing, they can be used as fertilizer. This is not yet the case in the Flemish Region, and they are burned (like category 1 materials) following preprocessing in a waste incineration plant or a cement kiln. Both the regional and the federal authorities are competent for the regulation. A cooperation agreement between the federal

Speciﬁc enforcement campaigns • 47

government and the regions was needed to ensure that all the obligations imposed on us by the European Regulation are genuinely complied with. The respective responsibilities of the federal state and the regions are clearly defined. This cooperation agreement is to all intents and purposes complete in terms of content, and it will come into force if it gets through the signing procedure. The new cooperation agreement is an extension of an agreement on animal waste that had already been signed on 10 January 2003 by the different competent ministers. Among other things, the regions are expected to check all slaughterhouses once a year. The EIS is unable to fully complete this task due to staffing limitations, and in 2004 all the slaughterhouses in the Provinces of Antwerp and Flemish Brabant and some cattle slaughterhouses were inspected in Limburg and West Flanders. This included 38 slaughterhouses, 23 of which produced SRMs (cow, calf or sheep slaughterhouses), 3 pig slaughterhouses and 12 poultry slaughterhouses. The inspections carried out were very specific and focused on the storage conditions of the different flows of animal by-products. Category 1 materials (SRMs) must be coloured immediately after production with a solution of methylene blue to prevent them from being mixed with other categories (possibly accidentally). Each storage box, silo and container must bear a clear label indicating the category of materials it contains (1, 2 or 3). Accidental errors are prevented by a clear identification system. All animal waste must be refrigerated to reduce to a minimum at source any potential odour pollution. Furthermore, the EIS checks that the producer has properly completed the register of waste products. Two class 2 poultry slaughterhouses did not have an environmental license. Three slaughterhouses did not have adequate authorization, and three slaughterhouses did not have an appointed environmental coordinator. At 75% of the 23 inspected slaughterhouses where SRMs are produced, the SRMs present were properly coloured. Three slaughterhouses sent a considerable flow of SRMs to a large silo without colouring this material. At three other slaughterhouses no SRMs were present at the time of the inspections. One of the slaughterhouses did not have the compulsory blue dye needed to colour the SRMs. The labelling of the recipients in which animal by-products are stored is also still inadequate. All the recipients were labelled only in 9 of the 23 slaughterhouses where different category 1 by-products are produced. At 7 slaughterhouses there was simply no labelling of the waste flow. It is noteworthy that larger recipients, such as silos and containers, generally bear no mention whatsoever of the contents. The EIS also found that at smaller poultry slaughterhouses category 2 and category 3 materials are generally mixed and are collected and processed as category 3 materials. The Flemish environmental legislation also obliges the operators to store all animal waste produced at a temperature below

10°C. This is done to prevent odour pollution during transport and during storage before processing. No fewer than half of the slaughterhouses that were inspected (45%) refrigerate all the animal waste. This is also the aspect in which the slaughterhouses are generally faring worst. In two slaughterhouses blood is stored underground without active refrigeration. Three operators, including the two mentioned above who were operating without a license, did not have any refrigeration whatsoever for the offal. Furthermore, unrefrigerated category 1 materials were found at 6 slaughterhouses, unrefrigerated category 2 materials at 7 slaughterhouses and unrefrigerated category 3 materials at 11 slaughterhouses. In most cases, these materials were stored in large containers or silos. One specific problem was the unrefrigerated storage of poultry. Of the 12 poultry slaughterhouses, only three stored the poultry in refrigerated facilities. The producer register could not be submitted in six cases. The weight of the waste flows removed was estimated in most cases at the time of collection (23 slaughterhouses). Only 15 slaughterhouses have a means of weighing the waste that is produced. The EIS drew up a total of four official reports and issued official orders to the operators of 21 of the 38 slaughterhouses that were inspected to comply with the legal obligations.

Summary Groundwater pollution around landfill sites In previous years, the EIS carried out a thorough groundwater study at various landfill sites. All these studies, which were carried out by specialized engineering offices, were designed to investigate whether the present operation of the site leads to additional soil and groundwater pollution. In 2004, a groundwater study was carried out around a category 3 landfill site in Limburg. At the three observation wells around the landfill site, a slight increase was found of the salt content. In the first place, the task was to investigate whether the observation wells around the landfill site were in the right place and at the right depth to detect possible groundwater pollution from the landfill site. In addition, it was especially important to investigate the presence and the possible distribution of pollution resulting from the operation of the landfill site. The study showed that the three observation wells were not sufficiently representative to assess the effects of the landfill site on the groundwater and the environment. Three additional observation wells were placed. On the basis of the study, it was concluded that the landfill site has a limited impact on the pollution of the soil and groundwater. This could be deduced from the quality measurements of the groundwater and more specifically from certain parameters (arsenic, lead, nitrogen compounds and a number of ions). Given the low values for the parameters concerned, there was

48 • Environmental Enforcement Report 2004 of the Environment Inspection Section

To start with the observation wells around the landﬁll were checked to ascertain that they were at the right location and depth.

The EIS initiates preventive action to gain a clear picture of the progress made ﬁlling and completing landﬁlls.

no direct evidence that a signiﬁcant increase in the concentrations should be anticipated. Nor was there any evidence that the concentrations found (among other things of arsenic) are serious.

Monitoring of the use of sludge in agriculture Sludge from water treatment plants can in some cases be suitable for use as a soil improver or as fertilizer. Vlarea lays down the conditions under which certain waste products can be used as secondary raw materials. The use of water treatment sludge in agriculture is administratively controlled by OVAM, VLM (manure bank) and FAVV. OVAM has certiﬁcates for the use of sludge as a secondary raw material, whereas the manure bank keeps the spreading data using a system of advance notiﬁcations. FAVV inspects the sludge for its soil improving properties and its value as a fertilizer.

During the study, it was suggested that the additional observation wells be included in the annual sampling campaign, that a new reference observation well be installed and to ensure that when the roof is constructed the precipitation cannot percolate through the tip (to prevent the possibility of leaching). The EIS ordered the operator of the landfill site to carry out the proposed measures effectively. During this investigation, the EIS drew up two further official reports against the operator because a number of legal provisions were not observed (the landfill site was not correctly set up, the front of the tip was too high, non-inert materials were dumped, a truck had not driven over the weighbridge and dumping was not supervised by a manager). Inspections of the finishing of landfill sites Pursuant to the implementation of the European Directive, a number of landfill sites (or parts thereof) must be completely finished by 31 December 2005 at the latest. Only the landfill sites with an approved upgrading plan can continue to operate after 31 December 2005. This deadline can be strictly enforced by urging the operators to end the dumping activities on time. The EIS implemented a preventive action aimed at getting a clear picture of the progress of the filling and finishing of the landfill sites. In this context, the EIS drew a distinction between, on the one hand, the sites for which an upgrading plan was not submitted and that consequently must be finished at the latest by 31 December 2005 and, on the other hand, the sites for which an upgrading plan had been submitted but for which the licensing authority had decided that some of the landfill site had to be finished by 31 December 2005. The EIS asked 32 landfill site operators to communicate in writing when the dumping activities would be completed and within what timescale the finishing work would be completed. Based on the answers, the EIS can continue to monitor the timetable for each landfill site.

In addition to these administrative controls, it is also desirable that targeted supervision be maintained to ensure compliance with the license conditions by the sludge producers and the quality of the sludge. The EIS implemented a specific campaign to examine a number of sludge flows in more detail and selected ten sludge flows for inspection in consultation with OVAM, VLM and FAVV. The EIS sampled the selected flows at least twice during the year and tested the analysis results according to the applicable Vlarea conditions governing composition. During the inspections of the companies, attention was also given to the production process on which the sludge flow is based, the homogeneity of the sludge flow over time and the quantities produced. At two companies, the EIS found a violation of the standard for toluene in both sludge samples. Studies have shown that toluene can be formed in the sludge of feed companies as a result of decomposition processes in an anaerobic environment. An anaerobic environment is created, inter alia, during long-term storage in a silo or lagoon. Regular aeration of the sludge can prevent the formation of toluene. The EIS ordered the companies not to take away the sampled shipment of sludge for the time being. Following aeration or centrifuging, however, the sludge met the criteria for use in agriculture. In another sample of sludge the EIS found a violation of the standard for mineral oil. The EIS ordered the company to carry out a more detailed investigation of this and to have a full analysis carried out before any evacuation. The EIS informed the other authorities of the nonconformities that had come to light. In a few cases, sludge was also shipped to destinations other than agriculture, including abroad. OVAM was informed

Speciﬁc enforcement campaigns • 49

of this so that it could take the necessary measures in accordance with its competence.

Air working group The air working group coordinates the EIS’s activities connected with the control of air pollution and odour pollution. In 2004, this included, among other things, the launch of four new odour investigations, odour emission measurements at four companies and the completion of two ongoing odour investigations. The ceramics sector came in for special attention, because from 1 January 2004 stricter emission limit values came into force for the kilns. The provisions of the Solvent Directive were clarified for the environmental inspectors by means of a manual and a training course. A manual was also put together for the inspection of these particular provisions. In 2004, the air working group focused in particular on the verification of self-monitoring by the operators. Within this framework, among other things an audit of the fixed measurement equipment was carried out at a few electrical power stations. The groundwork for the enforcement of the policy was laid by means of an investigation into the emission of dioxin-like PCBs.

Investigation into the emission of dioxin-like PCBs The large group of polychlorobiphenyls (PCBs) includes a number of compounds with toxicological properties that are similar to those of polychlorinated dibenzodioxins and dibenzofurans (PCDD/Fs). For this reason, these PCBs are referred to as dioxin-like PCBs. There are twelve congeners to which the World Health Organization (WHO) has assigned a TEF value (toxic equivalent factor) as a measure of their toxicity. For some years, in addition to PCDD/Fs, dioxin-like PCBs have been regularly analyzed in milk and dairy products. It appears that in past years the toxic equivalent concentration (TEQ) of dioxin-like PCBs was on average approximately three times higher than that of PCDD/Fs. The relatively low PCDD/F values are the consequence of the successful efforts undertaken in the Flemish Region to limit dioxin emissions considerably. Therefore, if there is to be a further fall in the concentration of dioxin-like substances in the food chain, we must focus in particular on PCBs. When deposition measurements were taken, the EIS found some surprisingly high levels of dioxin-like PCBs. On some farms, very high PCB concentrations were found in cow’s milk. The first and most serious case of this specific type of pollution was found in Menen. On the basis of the environmental measurements and a series of its own observation, the EIS concluded that the cause of the environmental pollution had to be the activities of a large scrap processing company. The location of the company, partly in Flanders and partly on French territory, gave the issue a cross-border dimension. The EIS therefore involved the French colleagues from the DRIRE Nord-Pas-de-Calais in this case.

The EIS ordered the company on 1 October 2003 to draw up an action plan by the end of 2003 incorporating two important aspects. The company had to adopt a strict scrap acceptance policy to prevent as far as possible the supply of PCB-containing materials on the premises. A better dust control policy had to be adopted to reduce the spread of PCB-containing dust to the environment. In 2004, the company had its own investigation carried out to ascertain the causes and possible means of eliminating the emission of PCBs. The results of this confirmed that the problem was a complex one. The detection of PCBs in the supply of scrap by chemical analysis did not appear to be a feasible option. Moreover, given the sheer scale of the activities, even relatively low concentrations of PCBs are enough to cause serious environmental pollution. The diffuse emissions in particular, including the emissions resulting from the spread of cyclone dust, were revealed by the study to be a priority problem. The company made a number of organizational changes aimed at reducing the spread of dust. A completely closed system to collect the cyclone dust will be introduced, and some additional structural work will be carried out in 2005. For the moment, how much impact all these measures will have remains uncertain. Further monitoring of the environment will reveal how the pollution problem evolves. Because everything pointed to the fact that PCB contamination within scrap processing companies is a sectoral problem, the EIS began in late 2003 its own extensive investigation into the emission of dioxin-like PCBs. The objective was to get a picture of the point source emissions of the compounds, on the one hand, at installations with major potential for dioxin formation and, on the other hand, in some companies with an increased risk of the presence of PCBs in the processed materials. Measurements were carried out on the chimneys of four waste incineration plants, an electrical power station, three plants in the steel and nonferrous metals sectors and four scrap processing companies with a shredder plant. At these twelve facilities, the emission of PCDD/Fs and dioxin-like PCBs were measured at the same time. Within the scrap processing companies, additional measurements were carried out to trace the sources. A number of dust samples were taken, both of the dust and of specific materials that were potentially polluted with PCBs (including cyclone dust). Furthermore, the concentrations of PCDD/Fs and PCBs were determined. Also, over three measurement periods of around one month deposition measurements of dioxins and PCBs were carried out at each of the four sites. It was clear from the measurement results that the most important point sources of PCDD/Fs and dioxin-like PCBs in the Flemish Region were the sintering plants for iron ore and the shredder plants. Not one plant was found to have exceeded the emission limit value for PCDD/Fs. At the shredder plants, the emissions of dioxin-like PCBs were generally higher than those of PCDD/Fs. However, no correlation was found between the concentrations of the two groups, which suggests that the source or the formation mechanism of these two types of compounds is not always the same.

50 • Environmental Enforcement Report 2004 of the Environment Inspection Section

Set-up used to measure deposits.

The EIS exhorted the scrap processing companies to write up a plan of action to restrict PCDD/F and PCB emissions.

At the shredder plants, there was a clear correlation between the congener composition of the PCDD/Fs and the dioxin-like PCBs in the emissions, in the depositions (falling dust) and in the dust samples taken on the site. This conﬁrmed the correlation between the emissions of the scrap processing companies and the increased presence of PCDD/Fs and PCBs in the environment. The measurements showed once again that the diﬀuse emissions play a particularly important role, certainly in the immediate vicinity of the company premises.

roundings, and it becomes possible to impose odour-limiting measures on the most signiﬁcant odour-emitters.

On the basis of the observations made in this investigation, as in the case of the company in Menen, the EIS ordered the scrap processing companies in question to draw up an action plan aimed at limiting emissions of PCDD/Fs and PCBs. These action plans must to a considerable degree be implemented in 2005. Further measurements will be carried out of the deposition and the contamination of the environment to determine to what extent the measures that are implemented have a favourable impact on pollution. In any case, the EIS will continue its intensive monitoring of these problems in the years ahead.

Odour investigations Complaints about odour nuisance are still very frequent: along with noise pollution, odour nuisance remains one of the most common forms of environmental nuisance. However, in the absence of clear criteria regarding the acceptability of odour nuisance, the assessment of odour problems remains a subjective issue, and the extent to which the odour nuisance is “a nuisance” can vary considerably from person to person. An odour continues to be present around very many establishments, even after the taking of initial measures. The EIS must in this case be able to determine if the odour is undesired and if the company has taken all possible measures to reduce the odour caused. For this, external support is often indispensable. In industrial areas there are sometimes diﬀerent potential odour emitters close to each other, and this does not make it simple to establish their share in the sources of the observed odour (nuisance). This can be achieved by using external support and with the examination of the company and the sur-

Odour studies carried out by order of the EIS generally consist in an environmental investigation and a source investigation. Environmental investigations are designed to determine the odour emission and the nuisance caused by the different sources, among other things by means of odour perceptions (sniffing team measurements by the expert and by environmental inspectors), by telephone surveys among people in the surrounding area, by having the local residents keep an odour log and by model calculations. During the source investigation, the EIS conducts as many observations as possible within the companies, which includes auditing the relevant processes and the implementation of emission measurements with olfactometric or chemical analyses. During company audits, the emission limitation measures that have already been carried out and other feasible additional measures of this kind are evaluated. The progress to date as of the end of 2004 is described below for the odour investigations that were initiated in 2004 by order of the EIS and for which the final reports are expected to be submitted in 2005. Two studies are being carried out in and around industrial estates in Merksem and in Ieper and a third study in Rollegem, downwind from an industrial estate located in the Walloon part of Mouscron/Moeskroen. Furthermore, an odour investigation was conducted in and around a polyester processing company in Flemish Brabant. At two textile companies and at a mushroom compost company in West Flanders, odour measurements were carried out; and at a fat-rendering plant near Antwerp the odour elimination efficiency of the air treatment system was determined. For more details concerning the two odour studies that were initiated in summer 2003 in Gent and in Maasmechelen, see the Environmental Enforcement Report 2003. These investigations were completed in the autumn of 2004. On the basis of the results obtained, which are discussed briefly below, in 2005 the EIS will impose the appropriate remediation measures on the companies that are causing the smell. All the cases mentioned above involved companies or industrial estates concerning which the EIS had already been receiving complaints about smell for several years.

Speciﬁc enforcement campaigns • 51

Emissions from a composting area made visible

Covered bio-ﬁlter at the GFT composting plant in Ieper

Merksem industrial estate In close cooperation with the city of Antwerp and the district of Merksem, the EIS carried out an odour investigation in the vicinity of a cattle feed producer, a producer of poultry feed and a margarine producer. The EIS arranged the authorization, and the city of Antwerp committed itself to coﬁnancing. The investigation got under way at the start of June 2004 and should be completed by April 2005.

company that produces mushroom compost from chicken and horse fertilizer and a vegetable compost company. Most of the complaints lodged over many years concerning odour pollution in the surrounding area were attributed to the producer of the soil improver and the mushroom compost company. In spite of a number of odour-abatement measures, the complaints about smell continued. In the summer of 2003, a fourth odour-producing company began operating in the area, namely a company that produces compost from VFG waste and organic biological industrial waste. For this reason, the EIS decided to have an odour investigation carried out at these four companies.

Over the summer, 36 volunteers kept up an odour log for three months, which yielded 5,984 valid perceptions. 133 of these perceptions possibly came from one of the two cattle feed producers. During the telephone survey, roughly one third of the 366 respondents claimed that they had experienced smell during the previous year in their house or in the immediate vicinity of their house. It was difficult to trace the source both by means of the odour logs and by means of the surveys, given the location and the fact that the odours produced by the two cattle feed companies were similar. However, it was clear that most of the odours came from these two companies and that the contribution of the margarine producer was negligible, and this was confirmed by the sniffing team measurements. For this reason, the investigation then focused on the two cattle feed companies. In the final months of 2004, odour measurements and chemical analyses were carried out at the most important emission points. The remaining odour measurements will be carried out in 2005, and the impact of the odour emissions of the two companies on the environment will then be calculated. Furthermore, using specific chemical analyses the EIS will determine which compounds are responsible for the odour. Eventually, the results of the company investigation will be interpreted together with those of the environmental investigation. This should yield proposals for possible remediation measures for each source. After the study (in mid-2005), the EIS will order the companies that are causing unacceptable odour pollution to take the necessary odour elimination measures by a specific deadline. Ieper industrial estate In this industrial estate there are a number of companies that produce odour pollution operating in the compost and fertilizer processing sector. The EIS investigated a company that produces a soil improver based on chicken and pig fertilizer, a

The odour study was carried out in two phases. The environmental investigation was conducted in the summer of 2003 at the order of Aminabel, and the source investigation was carried out in May 2004 for the EIS. Thanks to the environmental investigation, of which the report was published in January 2004, the zero effect level, the nuisance level and the serious nuisance level were determined for the entire area under investigation. Within the framework of the source investigation, that must be completed by the start of 2005, by the end of 2004 most of the measurements had been carried out, but the results had still to be processed. Although conclusions concerning the acceptability of the odour pollution are as yet premature in this regard, it very quickly became clear from the odour measurements that the odour emissions from the mushroom compost company and from the producer of the soil improver were significantly higher than those of the other two companies, and this finding was in line with the survey that indicated the source based on the complaints. The EIS will monitor this investigation closely and take the necessary action in due course. Rollegem - Moeskroen industrial estate In February 2004, the EIS and its Walloon counterpart, the Division de la Police de l’Environnement (DPE), decided to work together to come to grips with a problem that had dragged on for some considerable time, the odour problem in Rollegem caused by the emanations from an industrial estate in the north of Moeskroen.

52 • Environmental Enforcement Report 2004 of the Environment Inspection Section

Results of odour logs kept by 62 local residents

Strong odour 0,6%

Mild odour 0,7% Light odour 0,5%

No odour 98,2%

The study revealed that the industrial zone of Moeskroen was causing unacceptable odour pollution for the residents of Rollegem

Both services had been aware of the problem for some considerable time, but only in certain unfavourable circumstances. Rollegem is downwind of the Walloon industrial estate, in a valley, and in certain circumstances, the odour lingers in the valley. The industrial estate in question has ten potentially odourproducing companies: a frozen vegetable and chip company, a vegetable composting plant, a warehouse for household rubbish and PMD waste (plastic, metal and drink cartons), a slaughterhouse, a processor of oils and fats, a waste incineration plant, a producer of chemicals, a soap factory and a few textile companies. The DPE had investigated these companies in previous years and had cleared up the main sources of smell. Because the trend of the complaints showed clearly that the problem had improved since then but had not yet been completely solved, the EIS and the DPE decided at the start of 2004 to join forces to put an end to the smell once and for all. Under this cooperation initiative, the EIS carried out an investigation in 2004 into the impact of the smell from the industrial estate in Moeskroen on the inhabitants of Rollegem and the surrounding area. The DPE, for its part, has committed itself to undertake a number of other very carefully targeted actions in 2005 based on the results of the Flemish environmental investigation. This means that, where necessary, they will have a source investigation carried out and complete the remediation process on the basis of this information. The environmental investigation got underway in August 2004. The investigation included a complaint analysis, a telephone survey of the population, making arrangements for odour logs to be kept by the inhabitants and the implementation of sniﬃng team measurements by environmental inspectors and by professional sniﬃng teams. The draft investigation report was concluded in late 2004. Based on the various elements of the odour study, it appears that Moeskroen industrial estate causes unacceptable odour pollution for the inhabitants of Rollegem. The companies that have the greatest impact and cause the most nuisance are the frozen vegetable and chip company and the soap factory. The report ends by recommending that the DPE should as a matter of priority carry out a source investigation on these two companies.

In 2005, the EIS will discuss with the DPE the results of the environmental investigation and what to do next. This type of cooperation is a first in the area of odour problems. Polyester processing company Up until 2003, a polyester processing company had been causing environmental problems, and numerous complaints had been lodged by local residents. Most of the complaints concerned high levels of formaldehyde emissions, which were causing irritation of the airways among local residents, and odour pollution. Under the pressure of the EIS, in April 2003 the company installed a waste gas washing system. Since then, the monthly emission measurements have not been found to be in breach of the formaldehyde standard within the framework of the self-monitoring of the company. Also, the smell in the area around the company was much less strong. This was determined several times by the EIS and confirmed by the local residents who had complained. Nevertheless, both the EIS and the municipality continued to receive complaints from local residents about smell at certain times and in unfavourable circumstances, albeit much less than before. In order to reach a definitive conclusion as regards the nature, the extent and the scope of the smell, in spring 2004 the EIS had an in-depth and extensive odour investigation carried out in and around the company. The report was completed in September 2004. It is clear from the study that the odour pollution around the company is not as bad as might be feared. The odour logs that 62 local residents kept for three months and completed three times a day yielded a total of 10,625 perceptions. In 98.2% of cases, no smell was detected from the polyester processor. This result shows that there is now less odour pollution around the company compared with studies carried out earlier around other companies. The same conclusion can be drawn from twenty sniffing team measurements that the investigators and the EIS carried out in the surrounding area. If any smell was perceptible, it was intermittent. Odour measurements were carried out on the most important chimneys. The measurement results were used in a mathematical model that calculated the impact of the company on

Speciﬁc enforcement campaigns • 53

Simultaneous odour measurements at (f.l.t.r.) the inlet and outlet of the fat ﬁlter and electro-ﬁlter gave an idea of the odour removal capacity of the air treatment system at the fat rendering plant.

Based on the results of the investigation, the EIS ordered the company to take the necessary remediation measures. The implementation of these measures was delayed because in the meantime there was an ongoing expert investigation ordered by the court concerning the treatment plant that was installed. In 2005, the company will modify the chimney diameter, which should guarantee better diffusion of the effluent gases in the environment, and the refrigeration of the treatment plant will be adapted. According to the expert from the company, these changes should in future prevent unacceptable odour pollution in the surrounding area. The EIS will be monitoring the remediation process and its impact. Odour measurements at a fat-rendering plant, in textile companies and in a mushroom compost company In 2003, following many years of complaints about odour pollution, under pressure from the EIS a fat-rendering plant built an extraction and gas treatment system consisting of a fat filter, a micro gas washing system and an electrofilter. Because the complaints continued, the EIS had odour measurements and diffusion calculations carried out in March 2004. From the four-day measurement campaign, it was clear that the odour elimination efficiency of the air treatment system was not up to the task of preventing unacceptable odour pollution for the local residents. The measurements also showed that the micro gas washing system failed to reach the odour elimination efficiency guaranteed by the supplier. For this reason, the EIS ordered the company to ensure that unacceptable odour pol-

lution is prevented in future. The fat-rendering plant decided to replace the micro gas washing system by an after-burner. The after-burner was ordered in the summer of 2004. The new treatment plant must be up and running by April 2005. In August 2004, the EIS had the odour emissions and the odour elimination efficiency measured at two textile companies and a mushroom compost company, as well as total hydrocarbon content and the identification and quantification of the most important individual organic components. One day was measured in each company. The measurement report, which was published at the end of 2004, exposed a number of problems that are suspected to be inherent to the measurement methods used and the limited number of measurement days: the measurement of excessively high total hydrocarbon content by means of FIDs by the simultaneous measurement of methane; the measurement of negative odour elimination efficiency; the detection of different organic components in the course of the identification by means of a GC-MS analysis after desorption of a multisorbent and through the quantification of specific adsorbentia; the measurement of considerable differences in the total hydrocarbon emissions by means of FIDs and by means of the quantification of all the individual organic components separately. To clarify the situation, in 2005 the EIS will have additional measurements carried out in the companies concerned.

Odour investigation: measurement of total hydrocarbon emissions 600

500

Intensity (mg C/Nm³ dr)

the environment. The extent of the odour pollution was then assessed by means of widely accepted odour standards. The conclusion is that on average on an annual basis there is no serious odour pollution around the company. Nonetheless, at times when the odour emission is increased some houses near the company can experience unacceptable odour pollution. The solution is therefore to keep the number of days with increased smell emissions to a minimum. This can be achieved by taking a number of organizational measures, such as stricter progress monitoring of the process and the operation of the treatment plants. Further investigation and the optimization of a number of process parameters are also desirable. Moreover, the investigation report proposes a number of structural measures, such as extending the treatment plant and raising the chimneys.

400

300

200

100

0 13:10

VOC

54 • Environmental Enforcement Report 2004 of the Environment Inspection Section

13:50

14:30

Methane

15:10

15:50

Other than methane-V

The odour loaded gasses from the animal waste processing are burned in a steam boiler and …

… discharged via 20-metre chimney.

Maasmechelen industrial estate The investigation in and around a mushroom compost company, a company that combines vegetable composting in the open air with VFG composting in tunnels and a waste treatment company began in August 2003. The definitive report was published in the autumn of 2004. Based on a total of 80 odour measurements, it was found that in particular the chimney of the mushroom compost company and at a later stage the vegetable composting in the open air were major sources of smell. The odour emission from the waste treatment company was found to be negligible, and this observation was confirmed by the results of the 20 sniffing team measurements, the 44 odour logs and the 365 telephone surveys.

formulations, a soya processing company and a yeast producer lasted from mid-2003 to autumn 2004. The results conﬁrmed what had already become clear from the environmental investigation for the city of Gent: the largest odour emission loads were measured on the premises of the yeast producer and the soya processor. On the other hand, the company that processes animal waste, a modern company where all the heavily smelling gases are piped to a boiler and then burned and released through a 20-metre high chimney had low smell emissions. No measurements can be taken on the premises of the petrochemical company, because the production process that is related to odour had not been started up during the investigation period. For this reason, the work procedures for that process were critically evaluated.

For the three companies, the EIS determined using model calculations on the basis of sniffing team measurements and olfactometric measurements which odour concentrations can occur in the environment. These concentrations were tested against relevant odour acceptability criteria. It was found that the mushroom and the vegetable composting can cause unacceptable odour pollution in the surrounding residential districts, while this is not the case for the VFG composting plant and the waste treatment company. The odour study came to the conclusion that the current configuration of retrofit techniques at the mushroom compost company are not sufficient to reduce the odour pollution in the environment to an acceptable level. In addition to process-integrated odour-abatement measures, the EIS also recommended that the company take additional technical measures, such as extending the biofilter, using an acid washer or a combination of the two. For the vegetable composting company, the EIS said that further odour abatement must be aimed at by strictly following the measures already implemented and by taking additional preventive measures, such as covering the material received, raising the turning frequency and placing a cover on the compost heaps. In 2005, the EIS will order the companies that may be causing unacceptable odour pollution to take measures by a set deadline. Gent industrial estate The source investigation carried out by order of the EIS on the premises of a processor of animal waste, a company that stores (petro)chemical products and mixes them to produce new

When the EIS tested the immission concentrations, calculated on the basis of the measured odour load, according to the appropriate odour acceptability criteria, it was found that both the yeast producer and the soya processor may have been causing unacceptable odour pollution for the local residents. For both companies, in the course of the odour study proposals were developed aimed at taking possible odour-abating measures, and a number of odour abatement scenarios were put together. The possibilities for odour abatement in both cases involve process-integrated measures, increases in chimney height and retrofit techniques. For the processor of animal waste, the recommendation confines itself to recommending the avoidance of diffuse emissions through open gates. The petrochemical company can supplement the procedures with some organizational and process-integrated measures to prevent the spread of smell in the surrounding area as much as possible. On the basis of the investigation results, the EIS will undertake the necessary enforcement actions in 2005. Also, it will strictly monitor the elimination measures and the results thereof. Conclusion Victims of odour pollution lodge complaints with the EIS. If these complaints are confirmed by our own observations, the environmental inspector of the EIS draws up an official report on the basis of the Vlarem provision that states that the operator must take all the necessary measures to prevent pollution and orders the company to take the required measures. Many

Speciﬁc enforcement campaigns • 55

complainants do not leave it at that. They constitute themselves into a civil party and bring their case to court. According to the jurisdiction, the abovementioned Vlarem provision cannot be considered as an obligation as to means, but an obligation as to results. The operator can therefore choose which resources he deploys to prevent and control odour pollution, but he does not enjoy this freedom of choice as regards the results to be achieved. If the operator does not prevent and control the odour pollution, in certain circumstances it can have far-reaching consequences, such as heavy compensation for damages and a prison sentence.

Emission measurements at companies in the ceramics sector The manufacture of ceramic products, such as facing bricks, quick-build bricks and roof tiles, generates considerable quantities of polluting substances that can be released into the atmosphere during the firing process. These emissions are mainly connected with the composition of the raw materials and additives used in the process. Because of persistent problems with compliance with the applicable environmental conditions, the EIS has been closely monitoring the sector for several years, including by means of a series of its own emission measurements. On 21 March 2003, the Flemish government approved a decision amending Vlarem II that was published in the Belgian State Gazette on 1 August 2003. As a result, from 1 January 2004 more stringent emission limits came into force for kilns used in the ceramics sector. Furthermore, an emission limit value of 0.1 ng TEQ/Nm³ was introduced for PCDD/Fs. Moreover, from 1 January 2010 even stricter limit values will apply as a result of the obligations of the Flemish Region within the framework of the requirement to comply with European Directive 2001/81/EC on ‘national emission ceilings’. As a result of the introduction of more stringent emission limit values, many brickyards had to take emission-limiting measures, especially for fluorides (HF) and sulphur oxides (SOx). BAT measures in this area include both process-integrated interventions, such as adding sulphur-binding additives to the mixture, and retrofit techniques, such as the adsorption of HF on calcaraceous material. To verify compliance with the new emission limit values, the EIS decided to have its own emission measurements carried out on all the installations in the sector. The transition period between the publication of the new legislation and the entry into force of the limit values was only five months. For this reason, the EIS decided to ask the operators at the start of 2004 to communicate the remediation measures they had planned or had already carried out, giving in each case the timing of these measures. On the basis of this information, the EIS emission measurements were spread over all of 2004. The implementation of the ongoing remediation measures has been closely monitored. At the end of 2004, all the planned adjustments had been carried out, with the exception of one installation.

The ﬂue gas treatment system at a brick makers makes it possible to meet the emission standards.

The EIS had at that point had emission measurements carried out on the chimneys of all the installations on the premises of 24 of the 27 active companies. The measurement results showed clearly that several companies were in breach of the emission limit values. There were only 11 companies out of 24 that were not significantly in breach of any of the limit values, taking into account the legally permitted measurement uncertainty. Most of the companies concerned were those in which no adjustments were necessary to comply with the new limit values, given the use of low-sulphur and lowfluorine types of clay and loam. One positive result, however, is that no breaches of the new emission limit value for PCDD/Fs were found, even in brickyards where flammable additives are used.

number of companies where violations were found

dust

SO2

TOC

It is striking that the emission of fluorides on the premises of many companies remains a problem in spite of the placing of retrofit cleaning equipment. Another particular obstacle is achieving the emission limit value for dust (50 mg/Nm³ at 18% O2). It would appear that the BAT applied does not guarantee the achievement of sufficient elimination efficiency for dust and HF. The EIS drew up an official report concerning the offences that

56 • Environmental Enforcement Report 2004 of the Environment Inspection Section

compliance with the emission limit values. This approach to the VOC problem is quite revolutionary within Vlarem II. Unfortunately, the legal text is insufficiently clear in many places and the scope is not always clearly specified. There was therefore an urgent need for clarification and an appropriate enforcement method for these new and unorthodox provisions in the Vlarem legislation. For this reason, the air working group decided to create a manual for the environmental inspectors, to organize a VOC training course and to draw up a guide to identify a standardized way of investigating and assessing whether the operator meets the requirements of the Solvent Directive. The manual has been operational since 2003. The VOC training course took place in March 2004. Various internal and external speakers explained the VOC legislation, how it was to be implemented by the companies and how it was to be inspected by the EIS. The EIS did considerable work in 2004 in preparation for the guide. This work was entrusted to an external VOC specialist. The guide should be ready by autumn 2005.

Good monitoring by the operator (including self-monitoring) should prevent circumstances of this type.

came to light and ordered the operators to carry out the necessary changes to the process or the installations with a view to ensuring compliance with the emission limit values without delay. The mandatory self-monitoring measurement program was assessed at the same time for completeness, the application of the correct measurement frequencies and the conformity of the measurement results with Vlarem II. At the start of 2005, measurements will be completed at the remaining three installations and all the results of the self-monitoring measurements in 2004 will be examined in detail. At that point, the action will be assessed in its entirety.

Summary VOC emissions resulting from solvent use - graphic sector With the transposition in the Vlarem legislation in July 2001 of European Directive 1999/13/EC concerning the limitation of emissions of volatile organic compounds (VOCs) due to the use of organic solvents in certain activities and installations (the so-called Solvent Directive), for the first time emission limit values were introduced not only for point source emissions but also for diffuse and total emissions. Furthermore, the companies that fall under the Solvent Directive can for the first time use as an alternative to the emission limit values a reduction scheme. The condition is that they can make a similar emission reduction to that achieved through

In addition to the general approach based on the manual, the training and the guide, the development of a new enforcement method also calls for an in-depth approach to one particular VOC activity. The graphic sector was selected because of its emissions of VOCs and because the VOC regulations came into force for this sector earlier than for most other sectors. Inspections of the solvent accounting and measurements and calculations of the VOC emissions are planned. The air working group has prepared the specifications for this task. However, because of budgetary problems the invitation to tender and the implementation have been postponed until 2005. Verification of self-monitoring for air pollution Self-monitoring by the operators is the cornerstone of Vlarem II for the inspection of the emission of polluting substances into the air. The approach to the verification of self-monitoring by the EIS was described in 2002 in an internal instruction that applies to all environmental inspectors. The intention of this instruction is to ensure effective and uniform enforcement of the self-monitoring obligations. When it comes to verifying self-monitoring, the environmental inspector examines whether the compulsory measurements have been properly carried out and according to representative industrial conditions and whether the results comply with the applicable conditions. The EIS tools are used in the evaluation and dossier administration. In practice, it is noteworthy that in companies or sectors where in the past the EIS gave considerable attention to emissions, for example based on its own emission measurements, selfmonitoring is being much better complied with. In a number of important sectors, the EIS has already for some years been systematically checking the results of self-monitoring measurements for air, for example in waste incinerators, in the ceramics industry, in metal foundries and smelting works, in crematoriums, in asphalt plants and in chipboard companies.

Speciﬁc enforcement campaigns • 57

Breaches of the applicable emission limit values still regularly occur for which the EIS must draw up an official report and order the operator to take the necessary measures as promptly as possible to comply with the limit values. There are also companies where the self-monitoring obligations are not complied with or are complied with insufficiently, in spite of repeated official orders. By so doing, the operators gain an illegal capacity advantage compared with their competitors and hinder the monitoring of compliance with the emission limit values. In 2005, the EIS will develop an even more systematic approach to the verification of self-monitoring whereby the other sectors with high emissions will also be taken into consideration, and the EIS will tailor its verification approach to of the type of self-monitoring (continuous measurements, periodic measurements, calculations, etc.). Audits of the testing of permanently fitted measurement equipment in electrical power stations For the installations which are responsible for the largest emissions into the air, Vlarem II requires continuous monitoring by means of permanently fitted measurement equipment which is operated by and at the expense of the operators. This equipment and the methods and procedures used must be tested by a specially recognized air pollution expert. To help the experts with these tests, the reference laboratory VITO has drawn up a code of practice entitled “Approval of permanently fitted emission measurement equipment”. A second, updated version was published in October 2001. The EIS has decided to play an active role in this form of selfmonitoring in the field of quality assurance by having VITO carry out audits. The first project that was implemented a few years ago was blighted, among other things, by a number of practical problems in the application of the code of good practice. Following the revision of the code in 2004, the EIS decided to have an audit carried out of the permanently fixed equipment at five installations run by the electricity producers that fall under the Vlarem definition ‘large furnaces’ (nominal thermal capacity > 50 MW). The audit is in two parts. Firstly, the test report of the expert is assessed on the basis of the code of good practice. The equipment in place, the calibration equipment and the logs are examined. Secondly, VITO carries out emission measurements with a reference measurement method for the determination of SO2, CO, O2, NOx, CO2, dust, flow, temperature and water content. The measurement results are compared with those of the measurement equipment of the operator to determine whether the self-monitoring measurements yield reliable results. It was already discovered during the preparations for this work in 2003 that there was some conflict between the operator and the recognized expert who carried out the test, to be precise a dispute concerning the essential scope of the tests and how they are carried out. Because of this, the test reports were not completed on time and the start of the audit by the EIS suf-

MI inspected groundwater collection at 15 drinks manufacturers.

fered a considerable delay. At the end of 2004, two of the ﬁve selected installations were audited. This audit will be continued in 2005.

Soil and groundwater working group The soil and groundwater working group was once again active in 2004. It should be remembered that this was one of the ﬁrst working groups within the EIS but that due to the departure of the then working group coordinator and the lack of personnel it had been inactive since the year 2000. However, soil and groundwater issues certainly merit the necessary attention. One key aspect is the sustainable management of groundwater reserves. A quantitative and qualitative inspection of the groundwater is essential. Another aspect is soil and groundwater pollution. It is the responsibility of the EIS to trace and stop any new sources of pollution. In 2004, the working group implemented a new project that involved carrying out an exploratory investigation of the approach to soil and groundwater problems. This project was divided into the two abovementioned aspects, i.e. ﬁrstly, the extraction of groundwater (where the EIS opted for inspections in the beverage sector) and the soil and, secondly, groundwater pollution and remediation (where the EIS selected the clay pigeon shooting sector).

Groundwater extraction In the autumn of 2004, the EIS carried out thorough inspections at a number of groundwater extraction points in the food industry, more specifically within 15 companies in the beverage industry: producers of lemonade, water, fruit juice, beer, etc. The EIS chose this sector, firstly, in order to ensure as much uniformity as possible between the different companies and their use of groundwater and, secondly, because for these companies groundwater is the most important raw material for their core activity. The EIS carried out the inspections based on a checklist. It first examined the license status. The licenses for the extraction of groundwater are subdivided into three periods:

58 • Environmental Enforcement Report 2004 of the Environment Inspection Section

Taking the level at a groundwater collection point.

Used clay pigeons can contaminate the soil with PAH’s.

1. licenses granted in the period prior to the Groundwater Decree by the Ministry of Economic Aﬀairs (the administration responsible for mines). These licenses expire at the latest on 20 August 2005; 2. licenses granted according to the provisions of the Groundwater Decree and its implementing orders (period 19851999); 3. licenses granted according to the provisions of the Environmental License Decree and its implementing orders Vlarem I and Vlarem II (from 1 May 1999).

by Vlarem II. Nine of the fifteen companies did not meet the flow and level recording conditions, four of them did not carry out the mandatory analyses and one of them did not meet the annual requirement to report to the Water Department. Other findings included insufficient sealing of extraction wells that had been decommissioned, failure to report these wells and failure to submit the required documents. Finally, within one company a suspected evasion of the tax on the extraction of groundwater was uncovered.

The EIS then checked the ﬂowmeters, the declaration within the framework of the tax, the ﬂow and level records and the other license conditions. It also examined the equipment and the operation of the groundwater extraction wells and the observation wells. No samples were taken of the groundwater.

As a result of these inspections, of fifteen companies in the beverage sector three were officially reported and eight companies received an official order, while two were given a recommendation to rectify the anomalies that had come to light.

Clay pigeon shooting ranges

For the selected companies, groundwater is the most important source for their activity, either directly for the production of beer, soft drinks or water, or for the final rinsing of their bottles. It is in the interests of all these companies that the quality of the groundwater remains constant. During the inspections, the EIS noted that not all the companies were giving the same attention to the groundwater extraction wells. In five companies, the finishing of the well was insufficient, so that it was possible for rainwater or shallow groundwater to infiltrate. One company was pumping groundwater under the level stipulated in the license. As a result, the company was pumping water below the surface of the water-bearing layer, which resulted in aeration and an alteration of the quality of the groundwater layer. Within two companies, the groundwater extraction wells were not accessible. As a result, the EIS could not carry out a visual inspection and the company could not inspect and maintain the well.

Facilities of this kind pollute the soil with lead and PAHs as a result of the falling pellets (lead) and pieces of shattered clay pigeons (PAHs). Vlarem II provides for compulsory self-monitoring for these facilities. Every year they must carry out a soil investigation, and the concentrations of polluting substances must not exceed soil quality objective B. The problem is that these standards are not deﬁned in Vlarem II, and this creates legal insecurity. For this reason, the EIS tests the analysis results according to the Vlarebo soil remediation standards. These are much less strict than the abovementioned soil quality objective.

Furthermore, the licenses of these companies were not all found to be in order. Four companies pumped a higher ﬂow than authorized. Three companies had additional extraction wells or test boreholes that were not authorized, and one company had not yet submitted a new license application for its current license, which expires in August 2005. Companies with a new, recent license were not always aware of the additional conditions that were imposed. Four of these companies had no separate observation wells, which is required

The EIS carried out inspections at all ﬁve clay pigeon shooting ranges operating in Flanders. First and foremost, the EIS obtained general information concerning the range: the license status, the number of stands, the shooting rules that are applied, the frequency and number of shoots, etc. The EIS then checked all the sectoral conditions for clay pigeon shooting ranges in Vlarem II. The sectoral regulations for noise and vibrations of article 5.32.7.2.7 for shooting ranges and the provisions of chapter 4.5 (control of noise pollution) were

The clay pigeon shooting ranges were all inspected by the EIS in 1999, and several ranges have since been closed because of soil and noise pollution. They were once again inspected in order to get a clear picture of the amount of soil pollution by the ranges that are currently operating.

Speciﬁc enforcement campaigns • 59

not inspected in the context of that project. Furthermore, the EIS took samples from the shooting ranges of the top layer of the soil, from where the pellets fall or from where most of the pieces of shattered clay pigeon lie. All the samples were analyzed both for PAHs and for lead. Also, the clay pigeons at three of the five shooting ranges were analyzed for PAHs. Values were found for all the shooting ranges that exceed the Vlarebo soil remediation standard. Excessively high values were found at all the ranges for at least five PAHs (benzo(a)anthracene, benzo(b)fluoranthene, benzo(a)pyrene, dibenz(a, h)anthracene and indeno(1,2,3-cd)pyrene). Furthermore, lead concentrations in excess of the soil remediation standard were found at three of the five shooting ranges. The analyses show that the composition of the various types of clay pigeon differs somewhat. The clay pigeons that were analyzed contain 40,473 ppm, 5,888 ppm and 9 ppm of PAHs respectively. This means that environment-friendly clay pigeons can be obtained that contain little or no PAHs. If these clay pigeons were used, soil pollution with PAHs could be avoided. However, until now the lead has not been replaced by other environment-friendly materials. Only soil protection measures, such as laying tarpaulins, and good maintenance of the shooting range, such as regular cleaning or raking of the grass together with regular evacuation of the residual substances, can help limit the soil pollution. The shooting ranges were ordered to clear and remove the residue of the clay pigeons to recognized final processors, to use environment-friendly clay pigeons and to conduct further soil tests in consultation with OVAM.

GMO working group The manipulation of genetically modified organisms (GMOs) and pathogenic organisms can generate certain risks for human health and the environment. The term GMO is a collective name for microorganisms (e.g. bacteria and viruses), plants and animals of which the genetic material (DNA) has been artificially altered. Pathogenic organisms are microorganisms that can cause illness in humans, animals or plants. The EIS must acquire insight into the enforcement approach to the environmental and safety issues connected with genetic modification in order to be in a position to implement an appropriate enforcement policy. For this reason, in 2004 the EIS launched an exploratory research project, and in September 2004 an internal GMO working group was set up. In the first stage, the relevant legislation was analyzed, and subsequently an inventory was drawn up of the establishments that work with GMOs or pathogenic organisms, and in the autumn an inspection campaign was conducted within 15 companies.

It is compulsory to show the bio risk sign and level of risk at locations where GMOs and/or pathogenic organisms are processed.

Legislation The legislation is based on European Directive 98/81/EEC of 26 October 1998 concerning the contained use of GMOs. The Directive was recently implemented in Vlarem. Like a number of other European Member States, the three regions of Belgium have opted to extend the Directive so that pathogenic organisms also fall under these regulations. The basic principle underpinning the legislation is that an establishment that produces or carries out research into GMOs or pathogenic organisms must conduct a risk analysis for these activities. On the basis of this risk analysis, the company is classified in one of the four risk classes. Each risk level is linked to a number of measures to prevent humans and the environment from being exposed to these organisms. As the risk level increases, more and tighter containment measures are imposed. Given the specific nature of any research involving GMOs, in addition to the environmental license establishments must request authorization from the Environmental License Department for each different activity. The EIS checks that the license status is correct and that the containment conditions laid down in the legislation and in the authorization are being applied.

Inventory of establishments All authorizations granted for activities involving the ‘contained use of GMOs and pathogenic organisms’ have been inventorized. Around 90 establishments in Flanders have one or more authorizations. None of these are at the highest risk level, while there are around 20 at risk level 3, around 60 at risk level 2 and around 10 at the lowest risk level. The legislation draws a distinction between 5 types of activity with specific containment measures: - laboratories: small-scale unspecified activities; - animalaria: trials with genetically modified animals or animals that are intentionally contaminated with zoopathogens; - greenhouses: trials with genetically modified plants or plants that are intentionally contaminated with phytopathogens;

60 • Environmental Enforcement Report 2004 of the Environment Inspection Section

In the event of danger to human health activities involving GMOs and/or pathogenic organisms must be performed in a microbiological safety cabinet.

In IPPC inspections the emphasis lies on the integrated and preventive approach, above and beyond the traditional approach.

- hospital wards: wards to test vaccines derived from GMOs or pathogenic organisms; - large-scale activities: activities with microorganisms on a scale that is larger than microscopic.

- failure to validate the inactivation method (to kill oﬀ of the organisms); - failure to give speciﬁc bio-safety training to the personnel. This project will continue unchanged for the next few years.

The inventory reveals that in Flanders there are 78 establishments that have obtained an authorization within the framework of the contained use for the operation of a laboratory, 19 for an animalarium, 15 for a greenhouse, 5 for a hospital ward and 4 for large-scale activities.

Inspection campaign In order to be able to implement a uniform and thorough inspection, a checklist was drawn up of all the applicable containment measures by type of activity and by risk level. The inspections were carried out using the checklist within 15 establishments. To acquire as much experience as possible during the first inspection campaign, the EIS decided to inspect as many different risk levels as possible and as many different types of activity as possible. The EIS therefore carried out an inspection within two establishments with risk level 1, nine with risk level 2 and four with risk level 3. The establishments, which are classified according to the type of activity, include five greenhouses, three animalaria and twelve laboratories. The total number of types of activity does not correspond to the total number of establishments that were inspected, since generally speaking for greenhouses and animalaria there is also a laboratory. At nine of the fifteen establishments that were inspected, the EIS found anomalies with regard to the applicable containment measures and ordered the operator to comply with all his obligations. The most common offences found by the EIS include: - failure to report or incomplete reporting of the biological risk level, the authorized and responsible persons and the criteria for access to the doors of the premises in question; - failure to comply with the ban on eating and drinking;

IPPC core team IPPC stands for ‘Integrated Pollution Prevention and Control’. An IPPC inspection is more wide-ranging, more thorough and more diverse than the traditional monodisciplinary or multidisciplinary approach. Within the framework of IPPC, in addition to the conventional approach the emphasis is, ﬁrstly, on the need for an integrated approach and, secondly, the need for a preventive approach. In addition, a number of new issues are addressed (raw materials, energy, assessment of the application of BAT + environmental quality standards, etc.).

The IPPC Directive In order to highlight the new priority concerns, reference is made to the recitals and articles of the IPPC Directive 96/61/ EC of the Council of 24 September 1996 concerning integrated pollution prevention and control (which is published in European Official Journal no. L257 of 10 October 1996). This Directive contains important articles for the EIS. The most important article reads as follows: “Article 14: Compliance with permit conditions Member States shall take the necessary measures to ensure that: - the conditions of the permit are complied with by the operator when operating the installation, - the operator regularly informs the competent authority of the results of the monitoring of releases and without delay of any incident or accident significantly affecting the environment, - operators of installations afford the representatives of the competent authority all necessary assistance to enable them to carry out any inspections within the installation, to take samples and to gather any information necessary for the performance of their duties for the purposes of this Directive.”

Speciﬁc enforcement campaigns • 61

Creation of a core team Because an integrated and preventive approach to pollution control oﬀers the best guarantee of a high level of protection for humans and the environment as a whole and at the same time promotes the principle of sustainable development, in 2004 the EIS organized an IPPC pilot inspection campaign. To implement this campaign, at the start of 2004 an internal IPPC core team was set up within the EIS. The core team consists of representatives of the Chief Inspectorate and one representative from each local service. The team is led by the head of the Chief Inspectorate.

Need and environmental relevance The need and environmental relevance of this IPPC pilot project were based on the following recitals of the IPPC Directive: - Whereas diﬀerent approaches to controlling emissions into the air, water or soil separately may encourage the shifting of pollution between the various environmental media rather than protecting the environment as a whole; - Whereas the objective of an integrated approach to pollution control is to prevent emissions into air, water or soil wherever this is practicable, taking into account waste management, and, where it is not, to minimize them in order to achieve a high level of protection for the environment as a whole; - Whereas application of the principle of sustainable development will be promoted by an integrated approach to pollution control; - Whereas the authorization conditions must be periodically reviewed and if necessary updated; whereas, under certain conditions, they will in any event be re-examined

The pilot project The EIS decided to limit the pilot project to 10 companies (two for each local service) in one sector, namely the chemical sector. Another requirement was that a European BAT study or BREF (Best Available Techniques Reference Document) had to be available for the sector. Many chemical companies are potentially (highly) polluting, for example because they release large amounts of hazardous substances, they release large amounts of emissions into the air, they produce waste products and they store hazardous substances. The objectives of the pilot project were deﬁned in the EIP as follows: “The project will start with a selection of the companies in question. For 2004, two companies will be selected for each local service, ensuring as much homogeneity as possible within the selection, both in terms of the nature of the production and the size of the company. We have now decided to carry out these inspections in more chemical companies over the next few years.

The EIS carried out IPPC inspections at 10 chemicals companies.

The core team will prepare for the project thoroughly. All the working groups will be expected to provide input. We will start with the processes of these companies. On the basis of this information, the most important items will be selected within each environmental compartment and elaborated in detail. The core team will use these data to create an inspection instrument, possibly accompanied by an explanatory note. The aim is to carry out integrated and thorough inspections and to ensure that there is as much uniformity as possible in the implementation of the inspections and in subsequent actions. In addition to the license status, integrated inspections take into consideration the different environmental aspects, including the following issues: - waste water: inspection of the discharge using scoop samples and flow-proportional mixed samples (following inventorization of the ‘discharge license’ and taking into account the possible pollution originally present in the waste water), verification of the implementation of self-monitoring; - waste: determining what waste products are produced, in what quantities, what happens internally, how and to where they are removed; possible sampling of the waste products; - air: verification of self-monitoring, both for the furnaces and for the process emissions, possibly supplemented with own measurements; testing of equipment, measurement methods and procedures;

62 • Environmental Enforcement Report 2004 of the Environment Inspection Section

service or by the working group coordinator or coordinators of the Chief Inspectorate.

- safety: inspection of the storage of hazardous substances and of the relevant test certiﬁcates, along with an inspection of the safety of the process (by verifying the safety studies)”.

The most important observations and conclusions were sent to the operator after the inspection and after the assessment of the observations. When (potential) anomalies came to light, the EIS took the necessary criminal and administrative measures (advice, official reports, official orders and proposals under Article 45 of Vlarem I on modifications or additions to the licensing conditions, sent to the Environmental License Department, as the advising agency).

The inspection approach In addition to careful selection of the ten companies (initially chemical companies that produce large volumes of organic substances, including three formaldehyde producers), an inspection instrument has been developed by the core team, consisting of a checklist and an explanatory note. The following aspects are involved in an IPPC inspection: license status, environmental care system, general provisions (e.g. reporting of calamities, etc.), energy, raw materials, waste, water, groundwater, air, soil, storage of hazardous substances (e.g. tank parks), safety and pollution.

Measures taken The measures taken by the EIS after the ten IPPC inspections are summarized in the table below. The data clearly show that thorough and specialized IPPC inspections are more than necessary. The ﬁgures speak for themselves.

An IPPC inspection is in two parts. The ﬁrst part consists of measurements, samples and speciﬁc observations that should preferably be unannounced. Conversely, the second part of the inspection is announced in advance. It starts with an explanation of the activities by the company. This is followed by a tour of the company’s premises to examine the license status.

In 2005, this project was continued in the chemical sector. Given the limited resources, the number of companies to be inspected in 2005 was once again restricted to ten. According to estimates, in Flanders there are 1,200 IPPC companies. Of course, ten IPPC company inspections a year are a drop in the ocean.

After the tour, the operator is given a copy of the checklist to allow the company to prepare for the extensive inspection. The core team member outlines the context of the IPPC inspection and provides any necessary explanations concerning the checklist. This part of the inspection involves discussion of the full range of environmental disciplines and the environmental care system. This second part of the inspection takes several days. To ensure that the inspections are carried out with the necessary depth, for the various disciplines the core team member can be assisted by specialized colleagues from the local

Oﬃcial-report

Oﬃcial order

Advice

AMV proposal (frequently coupled with a BAT assessment

Company 1

Company 2

Company 1

Company 2

Company 1

Company 2

Company 1

Company 2

Company 1

Company 2

Antwerp

Limburg

East Flanders

Flemish Brabant

West Flanders

Total

Speciﬁc enforcement campaigns • 63

The EIS noted a great many infringements during a multi-disciplinarian scan of a waste processor.

Multidisciplinary scanning of (potentially) heavily polluting companies The EIS was keen to carry out a thorough audit of a number of potentially heavily polluting companies in the Provinces of Antwerp and Flemish Brabant. The following environmental compartments were examined by means of multidisciplinary inspections: the production of waste, the discharge of industrial waste water, the problem of soil, the problem of noise, the control of hazardous substances, the use of groundwater and emissions into the air. To test the emissions, samples of waste products and waste water and measurements of airborne emissions were carried out. Where possible, the approach to pollution control was aimed at preventing emissions into the air, water and soil and, where this was unfeasible, to reduce it to a minimum. The EIS thus endeavours to encourage the companies to apply the principle of sustainable development in order to achieve a high level of protection for the environment as a whole. In the course of this action, the EIS inspected a total of 39 companies. The companies were selected on the basis of one or more of the following criteria: the potential environmental load, the IPPC status, the obligation to draw up an annual environmental report and no inspections or incomplete inspections in previous years. The EIS drew up an official report for 12 of the 39 companies that were inspected. All companies received several official orders to rectify the anomalies that came to light. Multidisciplinary scanning on the premises of a waste processor Following complaints to the local police concerning a waste processor with a particularly bad environmental reputation, the public prosecutor’s office informed the EIS. The company scrapped old fuel tanks and decanted the residue of polluted petroleum derivatives. The EIS uncovered many offences in the course of a multidisciplinary inspection. The storage, dismantling and scrapping of

the storage tanks, as well as the manipulation of the contents, had not been authorized or had received insufficient authorization, and these operations were in violation of the conditions of the environmental license. There was fairly serious oil pollution throughout the company premises. Oil was trickling from the leaky tanks that had been delivered, and the oil was running with the rainwater from the hard surface into the soil. Also, the company did not have an environmental license for the storage of soil polluted with petroleum derivatives, for the storage of chemical foam, sand and concrete residue removed from tanks or for a rudimentary incinerator that was used for the destruction of the waste products polluted with petroleum derivatives and other flammable substances. The EIS took samples of suspicious shipments of waste. The analysis results confirmed the suspicion that these products were waste products. The operator in addition had set up a trade in the recovered petroleum fractions. These substances are by definition waste products and can therefore be removed and destroyed only according to the provisions of the Waste Product Decree. The EIS officially reported the offences in May 2004. With a view to remediation, the operator was given a series of official orders, including the order to dismantle the incinerator immediately. The EIS informed OVAM and the FPSs for Customs and Excise and the Economy, SMEs, Self-Employed and Energy. The latter FPS also drew up an official report. In May 2004, the EIS received a call concerning fire, smell and explosions at the plant in question. The fire broke out when old tanks were being cut up in unsafe conditions using an oxyacetylene torch. The police issued an official report to the operator. Since then, the situation has improved. The operator appointed an environmental coordinator in November 2004. He submitted a request to the provincial authorities to extend the

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The EIS noted that the hazardous substances were not stored in a containment area and were outside of the licensed buildings.

environmental license and submitted a plan of work to the EIS for approval.

to the presence of a large quantity of hazardous substances the company in question is a Seveso company.

Multidisciplinary scanning on the premises of a lubricant producer The experience acquired in the course of previous speciﬁc inspections on the premises of a lubricant producer led the EIS to suspect that this company was potentially heavily polluting. It was decided that an extensive inspection should be carried out.

During the inspection, the operating conditions connected with gases and hazardous ﬂuids were examined. Important items that were examined during the inspection included test reports for storage tanks and the recording of the hazardous substances present. The EIS also examined the safety management system. Companies are obliged to create a safety management system within the framework of the obligations under the cooperation agreement on the prevention of serious accidents.

The EIS listed all the relevant available information in preparation for the inspection: license headings, license conditions, reactors and process installations present, admissible emissions and emission points. The environmental aspects (waste, waste water, soil, groundwater, air and safety) were also investigated. The different hazardous substances were being stored in violation of the regulations. The quantities of hazardous substances that were stored were unknown. The fixed storage tanks were not systematically inspected periodically by recognized experts. The hazardous substances were stored partially in tanks with no calamity basin in the open air and outside the buildings that were licensed for this purpose. The company premises were stained with grease and oil in various places. Among other things, there was considerable soil pollution around the tank and the compressor for old tanks. An old groundwater extraction well was found not to have been sealed according to the state of the art, with all the attendant risks. The EIS drew up a priority official report and ordered the company to take corrective measures. The EIS informed OVAM of the soil pollution. Multidisciplinary scanning on the premises of a producer of hard foam During a multidisciplinary inspection on the premises of a producer of hard foam in the Province of Antwerp, all the relevant environmental aspects were taken into consideration. Because a large number of hazardous raw materials are used in the production of hard foam, compliance with the operating conditions is an important item in that particular respect. In addition, due

Furthermore, it was found that the company also produced special cut shapes made of hard foam. This produced a large amount of waste in the form of cuttings. The management of these waste flows was discussed during the inspection. On the basis of a waste register and disposal documents, the company was able to demonstrate that the waste was being disposed of according to the regulations. In addition, the waste flow was found to be diminishing over the years. The company used large amounts of adhesive in the finishing of the products. As a result, the regulatory provisions for the management of volatile organic solvents also applied. These provisions were only recently incorporated in the environmental legislation, so there are still a number of transitional arrangements. The EIS discussed proactively with the company the means at its disposal to meet these future requirements. Because the company uses certain CFCs as a blowing agent for the production of the hard foam, the EIS also examined the relevant European requirements. The company was able to show with records and certificates that it was using only legally permitted CFCs. During a tour of inspection of the entire company, a number of other, minor remarks were made concerning order and cleanliness. The EIS ordered the company to make the necessary improvements in this area promptly. Eventually, it was found that, with the exception of a few minor matters, the company met all the operating conditions.

Speciﬁc enforcement campaigns • 65

Routine inspections form the basis for the policy of presence on the site and ensure for example that the chance of an inspection is not related to a campaign or a complaint. These activities are co-ordinated by the local service. The working groups ensure the necessary support. The ﬁrst part of this section goes into detail on sampling and measurements, in each case per environmental sector. Much sampling and measuring is done by the environmental inspectors themselves. The other sampling, measuring and all analyses are taken care of by laboratories accredited to do so. The other routine assignments are then discussed. These concern the operation of objectionable establishments in general. Inspections further to a decision to refuse a licence and the controlling of special operating conditions are the examples discussed here. All items are illustrated using one or a multiple of real ﬁles.

Routine inspections Routine sampling Environmental inspectors can make very many observations with their own senses, but in many cases it is necessary to take samples to make correct and complete technical observations or to determine the exact degree of pollution or non-conformity with the regulations. In the table below it is clear that in 2004 very many samples were taken. Taking into account the fact that each sample is analysed for diﬀerent parameters, many thousands of diﬀerent analyses took place.

SUMMARY OF ROUTINE SAMPLINGS Number of routine samplings Waste

536

Soil

Groundwater

Water

1.888

Total

2.544

The number of routine samples for the past six years is shown in the table below. A slight break in the trend can be seen for 2004, as after falling for many years, the number of samples slightly increased.

Sampling evolution 4000

Groundwater Soil

Routine samplings in 2004

3500 Waste Water 3000

Water 74%

2500

Groundwater 1,5%

2000

Soil 3,5%

Waste 21%

1500

1000

500

0 1999

2000

2001

2002

2003

2004

Routine inspections • 67

Routine sampling of water The routine sampling of waste water is always planned beforehand. At the end of 2003 plans were drawn up for the conducting of waste water inspections in 2004. The concept of “basic frequency” which has been adopted for the past four years, was used again. This is the minimum inspection frequency of a given company.

Routine samples discover xylene in waste water In 2004, the EIS took a routine sample from the industrial waste water that was discharged into the sewers by a plastic processing company in the Province of Antwerp. After analysis, it was found that there was a large quantity of orthoxylene in the waste water.

The rules for determining this basic frequency were deﬁned according to the rate of the discharge and the destination of the discharge (MWWTP or surface water) and whether or not there are any dangerous substances in the eﬄuent. These rules will be evaluated and possibly amended every year, and the available budget and personnel will in all cases be taken into account.

Orthoxylene belongs to the group of monocyclic aromatic hydrocarbons. It is a blacklist substance. As orthoxylene was not mentioned in the company’s environmental licence and there are no environmental quality standards for this substance, it cannot under any circumstances occur in discharged waste water. For this reason, the EIS ordered the company to initiate an investigation into the source of the pollution and to take measures to discontinue discharging this water.

The waste water inspections carried out by the EIS can basically be subsumed into two categories. On the one hand, there is the presence policy implemented by the Service through the execution of random sampling. This consists in carrying out waste water inspections without prior notice whereby a spot sample is taken of the waste water released at that particular time. These inspections take place during and outside office hours (and even at the weekend). In 2004 considerable attention was also given to flow-related sampling campaigns. The EIS has sampling equipment fitted by a recognized laboratory, and the discharge is continuously monitored for one or more weeks. These sampling campaigns are an important step in the assessment of problem discharges. In addition to the routine sampling of waste water, a lot of samplings and analyses are also being carried out in the scope of specific enforcement campaigns and to a lesser extent reactive inspections. The EIS had 1,888 samples analysed. All these analyses are carried out in legally recognized laboratories. The cost for sampling and analysing amounted to 780,278.30 euros. The table below shows the results of the waste water inspections in figures for the year 2004. 26% of the companies that were inspected underwent a thorough inspection, with more than two samples. At 14% of the companies that were inspected in 2004, one or more violations were found. This percentage is around 15% down on the figure for the previous two years. RESULTS WASTE WATER INSPECTIONS Total Companies inspected

785

- samples

583

- extensive inspection

202

Number of samples

1.888

Companies not complying with regulations (once or more)

114

Companies that got one or more exhortations

107

Companies that remediated

103

Plastic semi-finished products are manufactured in this company. The supply of unprocessed plastics, mainly polyethylene, polypropylene and polystyrene, are processed in the company to alter their properties. To this end, a number of substances are added to change the colour, the light resistance, the flammability, etc. The waste water came from the cleaning of production premises, the drainage of the cooling circuit, the transport of granulates and the cleaning of metallic machine components and pallets. To ascertain where the orthoxylene came from, the company took samples at the different stages of the production process and at the different steps in the treatment of the waste water. Two types of polystyrene were also analyzed. The structures of styrene monomers and xylenes are closely related. The xylenes in the waste water were found to come from the polystyrene that was processed in the company. The company now runs all the waste water through an active carbon filter, which absorbs all the orthoxylene from the waste water.

Routine sampling of waste, soil, groundwater and fertilizer In contrast to the routine samples of waste water, there is no basic agreed frequency for the sampling and analysis of waste, soil, groundwater and fertilizer at certain waste producing or processing companies. On average, an environmental inspector takes seven samples of soil, groundwater, fertilizer or waste products in the course of a calendar year. The reasons to proceed with sampling can be of varying nature. For waste-processing establishments incoming batches of waste materials will be regularly sampled in order to check if they meet the acceptance criteria for that establishment. Waste material flows to be used as a secondary raw material are, after pretreatment if appropriate, regularly sampled to check that the composition satisfies the prescribed standards. Shipments of excavated soil in soil cleaning centres, temporary storage warehouses or backfill sites at excavation areas and quarries are sampled and analyzed to check that the intended

68 • Environmental Enforcement Report 2004 of the Environment Inspection Section

The EIS had 80 samples of end products taken and analysed from processors of animal waste.

The EIS took various routine samples of sludge disposed of at this landﬁll.

destination is legal. Unidentiﬁed recipients in a company are sampled to ascertain whether they contain any hazardous waste. As a result of complaints concerning dust precipitate from a company, the deposited particles are sampled to check whether they are harmful. The microbial purity of end products of processors of animal waste products are also inspected.

Routine samples at a sludge storage unit For some years, a storage site for dredgings has been operating near Gent. The dredgings come from waterways close to the city of Gent. The liquid slurry is shipped on dredgers and ﬁrst reaches the shore at sludge lagoons. There the sludge dries and leaches until it is dry when probed and processable. Depending on the weather conditions and the original dry matter content, this process can take several months.

Besides the routine samples, samples are also taken with the carrying out of co-ordinated projects and actions. Environmental inspectors can request analysis packages for a sample. How often each of these packages was requested in 2004 is shown below..

SUMMARY OF THE REQUESTED PARAMETER PACKAGES Package

Number

Acceptance criteria category 1 landﬁlls

Acceptance criteria category 2 landﬁlls

Acceptance criteria for category 3 landﬁll sites Composition criteria for used oil Vlarebo parameters (soil)

5 4 157

Vlarebo parameters (groundwater)

Vlarea parameters (fertilizer/soil-improving substance)

Vlarea parameters (soil)

Vlarea parameters (non-shaped building material)

End products of processors of HRM (high-risk materials) End products of processors of LRM (low-risk materials)

7 73

Fertilizer

Additional parameters for groundwater

Wood waste to be incinerated

If the sludge is sufficiently dry when probed, it is internally transported with bulldozers and trucks to its final destination in compartments. Of course, the composition of the sludge can vary considerably depending on the dredging site, but as a result of the lagooning process most of the significant differences in quality are eliminated. However, this does not take away from the fact that the dumped sludge must be regularly inspected, especially as the filled plots will later be parcelled out to an industrial estate, where a quality standard will apply to the substrate. The quality of the dumped material is inspected not only by the dump operator himself, but also by the EIS based on routine samples. A ministerial decision has been taken to the effect that the dumped sludge must meet the Vlarebo criteria for soil that is classified as destination type V (industrial area). In 2004, the EIS took several samples of the definitively dumped sludge, and the analysis results were compared with the criteria. To date, the EIS has not brought to light any violations of the standards.

For each individual sample speciﬁc parameters can also be requested. If very speciﬁc, hazardous or large numbers of samples must be taken, environmental inspectors can also call upon the services of the laboratory for the sampling itself. In 2004 a total of 536 samples were taken of waste materials, 87 of soil and 33 of groundwater. The overall budget for the sampling and analysis of waste, soil and groundwater amounted to 421,440.98 euros.

Routine inspections • 69

Evolution of measurements 250

200

150

100

0 1999

2000

2001

2002

2003

2004

air

noise

Emission measurements near an afterburner.

Routine measurements Just as with sampling, measurements are required to enable eﬃcient inspections or to determine the exact degree of pollution. In the table below a summary is given of the number of measurements conducted.. SUMMARY OF THE NUMBER OF ROUTINE MEASUREMENTS Number of measurements Air Noise and vibration Total

136 62 198

For air, the number of measuring days is indicated. The measurement of substances discharged in the air takes place by an accredited laboratory at the request of and under the supervision of the environmental inspector. On one day, different parameters are then measured and different samples taken. For noise and vibrations, the number of noise measurements and the number of vibration measurements is indicated. Here it must be remarked that a noise measurement can last for a number of hours. A limited acoustic investigation conducted by the EIS can comprise different noise measurements. The number of routine measurements of air, noise and vibrations for the past six years are shown in the table below. The number of air measurements has significantly increased since 2000 after a contract was concluded with recognized air analysis laboratories, making it administratively easier for environmental inspectors to have emission measurements carried out.

given to emissions of VOCs following the transposition of the European Solvent Directive to Vlarem legislation. Plot I specifically concerns the execution of emission measurements on plants from which there can be significant dioxin emissions. The measurements which are taken include the determination of dioxin. Plot II includes four types of “standard” measurements, each involving a specific set of parameters. The measurements are taken only on one day. The table below gives an overview of the possible measurements. For type 4 a distinction is drawn between the old contract (2000-2004), involving measurements on the premises of afterburners, and the new contract, which involves the measurement of the abovementioned individual organic substances. Measurements on the premises of afterburners are classified under the new contract as type 3, along with biomass waste plants. At the request of the EIS, parameters other than those mentioned in the contract can also be measured at installations of types other than those mentioned in the contract.

OVERVIEW OF THE POSSIBLE AIRBORNE EMISSION MEARUREMENTS Parameters - reference: waste gas ﬂow, temperature, pressure, oxygen content, CO2 content, water content - waste gas composition (a selection of the following parameters is measured according to plot and type): dust, CO, SO2, NOx, HCl, HF, heavy metals in the dust fraction, heavy metals in the gas phase, total hydrocarbons (FID measurement), aromatic hydrocarbons, ketones, esters, aliphatic halogen hydrocarbons, dioxins and furans Plot I

Routine air measurements In September 2004 the EIS signed a new contract with recognized laboratories for the execution of emission measurements on the chimneys of incineration plants and process plants. The order is divided into two plots, each assigned to a diﬀerent laboratory. The most important innovation is the separate item for the determination of individual organic substances that belong to the groups of aromatic hydrocarbons, ketones, esters and aliphatic halogen hydrocarbons. In this way, the EIS is seeking to anticipate the increased attention that will be

Incineration plants and process plants where it is assumed that dioxins are present in the waste gases Plot II Incineration plants and process plants where it is assumed that there is not a significant quantity of dioxins in the waste gases Types of plant: 1. large incineration plants and process plants 2. installations with potentially significant emissions of acidifying compounds 3. incinerators fuelled with biomass (old + new contract) and post-incinerators (new contract) 4. post-incinerators (old contract); installations with potentially significant emissions of volatile organic compounds (new contract)

70 • Environmental Enforcement Report 2004 of the Environment Inspection Section

Emission measurements at this wood processing company revealed an exceedance of the emission limit values for nitrogen oxides and dioxins.

Thanks to these contracts, the EIS can have emission measurements carried out on an installation upon request. As a result, prompt action can be taken to deal with acute problems and a wider selection of companies and installations can be inspected. The following table gives an overview of the number of installations where the EIS had emission measurements carried out in 2004. The transition between the old and the new contract was eﬀected in September 2004

were carried out on the premises of companies in the graphic sector, the plastic sector, the automobile industry, the textile sector, etc. The table below gives an overview by polluting substance of the number of signiﬁcant breaches of the emission limit values that came to light during the abovementioned measurements in 2004. The main violations that came to light were for CO, HF, dust and hydrocarbons. SUMMARY OF THE NUMBER OF CASES OF EXCEEDING THE EMIS SION LIMIT VALUES BY POLLUTING SUBSTANCE

SUMMARY AIR EMISSION MEASUREMENTS Number of installations Plot I (including dioxin measurements)

Plot I

old contract 20

new contract 8

Plot II

Plot II Type 1

Type 2

Type 3

Type 4

Dust

- type 1

SO2

- type 2

NOx

- type 3

Hydrocarbons

HCl

- type 4 Total

Parameter

17 69

0 16

In 2004, 15 of the 28 companies where measurements were carried out in plot I were brickyards. The reason for this is the measurement campaign that the EIS conducted in 2004 in that sector. See the section ‘Speciﬁc enforcement campaigns’ for more details. Furthermore, measurements were carried out at 8 waste incinerators (wood waste, chemicals and sludge), a shredder, a crematorium, a wood chip dryer and a lead reﬁnery. In 2004, no type 1 measurements of plot II were carried out. Furthermore, as regards type 2 measurements 18 of the 31 measurements were carried out in the ceramics sector. In addition, the EIS had 12 furnaces and one asphalt plant investigated. All the type 3 measurements that were carried out before September 2004 took place at wood waste incineration plants. The 19 afterburners on whose premises measurements were carried out in 2004 were mainly involved in activities in which organic solvents are used, for example, to produce ink, coating materials, glue and paint. Measurements of this kind

Heavy metals

PCDD/PCDF

All violations for HF, dust and SO2 and five of the fifteen violations for CO took place at the brickyards. See the section ‘Specific enforcement campaigns’ for more details. The other CO violations are a particular problem in the wood sector. Wood waste incineration plants or wood chip dryers were responsible for eight of the fifteen violations. Also, all the NOx and dioxin violations and half of the hydrocarbon violations occurred in the same sector. At installations where the results of the measurements showed that the emission limit values were not complied with, the EIS drew up an official report and issued the necessary official orders to take measures to comply with the limit values as promptly as possible. In a few cases, the installation was voluntarily or forcibly taken out of operation.

Routine inspections • 71

Emission measurements leading to remediation At a wood processing company in the Province of West Flanders, the EIS carried out emission measurements on the incineration plant for unpolluted treated wood waste. As the standards and measurement obligations concerning waste gas emissions from wood waste incineration plants depend on the thermal capacity of the installation and the composition of the fuel, a sample was also taken of the wood waste to be incinerated. The measurement results showed that the emission limit values for nitrogen oxides and dioxins were exceeded. The EIS drew up an official report and ordered the company to take all the necessary measures - investigation of the fuel (wood waste), adjustment of the burners and cleaning of the filter installations - to reduce the emission of polluting components to below the set emission limit values. The EIS sent a written official order to the company and subsequently received from the company a chronological report on the actions and measures that had been taken to improve the operation of the wood waste incineration plant by means of careful selection of the composition of the wood waste to be incinerated, the cleaning and adjustment of the burner and the cleaning of the filters and dust channels. To assess the measures taken, the company again had the wood waste analyzed and had two further emission measurements carried out. No more violations of the dioxin and nitrogen oxide standard were found in the waste gas emissions. Consequently, the company has fully complied with the written instructions of the official order and the emissions from the wood waste incineration plant now comply with the applicable limit values. Pursuant to the official report, the public prosecutor’s office proposed that the company pay a fine as an amicable arrangement.

Routine measurements of noise and vibration Noise measurements are almost exclusively carried out following complaints received. To handle such complaints, the EIS has a number of environmental inspectors who are specialized in noise issues and have modern measuring equipment at their disposal. A noise metre always measures the total level. This means that it is not only the specific noise in question that is measured, but also all interference noises. In order to be able to assess the specific noise, the key is to be able to distinguish between these different levels. This is not always easy. Vibrations are often even more difficult to measure. Article 4.1.3.2. of Vlarem II states: “Without prejudice to article 4.1.2.1., the operator takes all the necessary measures as a normal careful person not to disturb the neighbourhood by smells, smoke, dust, noise, vibrations, etc.”. However, no vibration standards have been incorporated in Vlarem II. In the case of complaints concerning vibrations, by force of circumstances the EIS bases its investigations on foreign standards, the German standard DIN 4150/2 and the Dutch standard ‘Nuisance

for persons in buildings part B” of the Stichting Bouwresearch. The German standard was briefly discussed in the Environmental Enforcement Report 2003. The Dutch standard is discussed below. The value that is used to assess the level of vibrations is the same as that of the DIN standard, i.e. a band-limited and weighted dimensionless value that is deduced from the vibration speed. The symbol used for this vibration value is v(t), which is a logical choice since the value is deduced from a speed. For the assessment of vibration nuisance within the framework of Vlarem II, two values of v(t) are important: v(t)max, the maximum value of v(t) during an assessment period, and v(t)per, which is to a certain extent the calculated effective value of v(t) during that assessment period. There are three assessment periods: day (from 7 am to 7 pm), evening (from 7 pm to 11 pm) and night (from 11 pm to 7 am). V(t)max and v(t)per are tested against three target values, A1 (lower target value), A2 (upper target value) and A3 (target value for v(t)per). These target values depend on the assessment period (day or evening or night), on the intended use of the place where the vibrations are assessed (housing, education, offices, etc.) and on the cause of the vibrations (machines, road and rail traffic, construction or demolition work and shortterm vibrations such as explosions). For the EIS in normal circumstances only the target values for machine vibrations are important. It should be noted that these target values, provided they can be justified, can be multiplied by a factor of 1.8 if the buildings where the vibrations are assessed are located in an area with a lower degree of protection. With the exception of two aspects, the method of assessment is the same as in DIN 4150/2: there is no separate assessment of continuous vibrations (as is the case in DIN) and there is a combination of reference values (table 2) that specifically applies to long-term machine vibrations. In the DIN, in addition to a table with reference values for nuisance by construction and demolition work lasting a maximum of three months, there is only one table that applies to all other causes of vibrations such as explosions. As a result, the upper target value Ao (in DIN) is higher to much higher than the value A2 of the Stichting Bouwresearch. Like most Dutch vibration standards, this Dutch standard is stricter than the German standards. There is therefore a real possibility that a vibration complaint is justified according to one standard but not according to the other. Noise measurements on the premises of a metallurgy firm The following example shows that some noise measurements are not routine. In 2004, the EIS received a complaint concerning noise made by a metallurgy firm. The noise situation appeared to be very complex; the company worked day and night. In addition to continuous sources, there were facilities that operated only sporadically, and there were all kinds of short-term

72 • Environmental Enforcement Report 2004 of the Environment Inspection Section

noises of falling objects, bleeping noises made by reversing trucks, etc. Moreover, according to the applicable regional plan the complainant lived in an industrial area and the company in question had to be considered as an existing establishment.

ronmental noise exceeded a certain level. At night there had to be suﬃcient memory capacity for at least two hours and thirty minutes of noise recording. At the measurement point, a weather station determined the hourly precipitate, wind direction and wind speed. When the results were analyzed, it was found that an aluminium rolling mill was an important source of noise.

Therefore, a noise elimination plan could be imposed with any certainty only if the specific noise made by the establishment was at least 65 dB(A). Measurements made by the EIS revealed that the specific noise was indeed sometimes around 65 dB(A). It was decided that only a long-term measurement could give a definitive answer. The EIS has a budget to have measurements carried out by recognized experts, and an invitation to tender was issued for a noise study.

Figure 1 shows a number of cycles. Figure 2 shows one cycle enlarged. At the end of each cycle, there is a period of five minutes with a noise level over 60 dB(A). The acoustic value that characterizes the noise of an establishment must be representative for the largest nuisance that is caused by the establishment. As the noise concerned was night noise, the L Aeq of the periods with the highest noise levels was taken as the acoustic value for the relevant value. The value was 61 dB(A) during the cycle concerned. Spectra were also taken. The spectrum of the period concerned is shown in figure 3. There was a clear, pure sound at 200 Hz. The specific noise was therefore 66 dB(A) at night. An official report was issued about the violation, and the operator was ordered to draw up a noise elimination plan.

The task of the expert consisted in measuring the environmental noise for an entire month in one place in the vicinity of the complainant’s house. The measurements had to be taken only during the night (from 10 pm to 7 am). The environmental noise was measured as L Aeq,1s with one-third octave band analyses. Noise recordings were made during the ﬁrst ﬁve minutes of each half hour. Recordings were also made as soon as the envi-

Noise measurements on the premises of a metallurgy ﬁrm ﬁgure 1

60 dB(A)

40 0

100

120

evaluation cycle (min.)

measuring cycle (min.)

ﬁgure 3 80

20 20 kHz

16 kHz

10 kHz

12,5 kHz

8 kHz

6,3 kHz

5 kHz

4 kHz

3,15 kHz

2,5 kHz

2 kHz

1,6 kHz

1,25 kHz

1 kHz

800 Hz

630 Hz

500 Hz

400 Hz

315 Hz

250 Hz

200 Hz

160 Hz

125 Hz

100 Hz

80 Hz

63 Hz

50 Hz

40 Hz

31,5 Hz

25 Hz

third octave band 20 Hz

dB(A)

ﬁgure 2 70

Routine inspections • 73

The noise reﬂecting screen along the water treatment plant consists of sound concrete blocks and is designed to limit the noise pollution for the local residents.

Capping the break and sieve installation is designed to resolve the dust and noise pollution problem.

Noise measurements on the premises of a food company For a company in the food sector, the refrigeration plants and the waste water treatment system are the main sources of noise. Following complaints lodged by local residents concerning noise, the EIS carried out a technical inspection in the form of a limited acoustic investigation. It was found that the continuous and almost stable industrial noise in the vicinity of the nearest house exceeded the most stringent criterion for the night period according to the noise conditions of Vlarem II by 24 dB(A). The company was also in breach of the prevention principle, as set out in the general environmental conditions of Vlarem II. This states that the operator must take all measures against noise using the best available techniques (BATs).

Noise, vibration and dust nuisance at a crushing and screening plant In October 2003, the EIS submitted a proposal to the Permanent Deputation for the partial suspension of the environmental license of a crushing and screening plant in the Province of Antwerp. The plant was causing dust, noise and vibration nuisance in the neighbourhood by a structural lack of attention to the environment.

In response to an official order by the EIS, a recognized noise expert drew up a noise elimination plan by order of and at the expense of the operator. This plan was submitted to the EIS for approval. It became clear from the consultation with the operator that the expert’s elimination proposals could impede the operation of the refrigeration plants and that they were unfeasible because of questions of structural stability. In consultation between the operator, an engineering consultancy firm specializing in stability and foundations and the EIS, a variant of the noise elimination plan was then drawn up along with a detailed implementation plan and a schedule of specifications for the work. The noise elimination has meanwhile been completed (the noise is blocked by acoustic screens). For the refrigeration compressors and condensers, the acoustic screen consists of a wall 20 metres long and 9 metres high, made partly of concrete and partly of Stepoc blocks, and with an acoustic insulating door in sections. There is no roof, but there is a one and a half metre deep awning. Along the water treatment system, an L-shaped acoustic screen has been erected, partly made from the wall of a new building and partly from a seven metre high free-standing wall, both made of sound-insulating concrete blocks. If test measurements reveal that the result is insufficient, additional measures may be taken, such as adding absorbent panels to the acoustic screen of the refrigeration plant and insulating a wall inside the factory.

The Permanent Deputation decided at the start of 2004 to postpone the decision on the possible suspension for three months to give the operator time to take additional measures to reduce the nuisance. These measures consisted in completely covering over the crushing and screening plant to overcome the problem of the dust and noise and fitting springs under the screen to solve the vibration problem. At the end of April 2004, the Permanent Deputation once again decided to postpone the decision for three months, because the town and country planning license for the elimination measures had just been issued, so that the conversion work had not yet got under way. The construction work eventually took until the end of August. In early September 2004, for the last time the Permanent Deputation once again decided to postpone for three months the decision on the possible suspension of the environmental license, to give the EIS an opportunity to assess the elimination measures that had been implemented. During the assessment period, the EIS found that the noise standards were no longer exceeded. The dust nuisance had been significantly abated, but it remained a problem, so additional measures had to be taken. Due to the fact that there are no Flemish standards, the EIS tested the vibrations against German and Dutch standards. In spite of the fact that the vibrations meet these standards, they will still be perceptible. In December 2004, the Permanent Deputation, in consultation with the EIS and the burgomaster, decided not to suspend the license, because the company had in the meantime made considerable efforts to reduce the nuisance to an acceptable level.

74 • Environmental Enforcement Report 2004 of the Environment Inspection Section

Evolution of refusals 500

400

300

200

100

0 1999

2000

Number received

2001

2002

2003

2004

Number processed

The EIS send reasoned recommendations to the Provincial Council not to extend the trial license for this waste processor.

Routine inspections on operation Besides the routine sampling and routine measurements there are very many routine assignments concerning the operation of nuisance-producing establishments in general. The inspection following a decision to refuse a license, the inspection of particular license conditions and the veriﬁcation of self-monitoring are examples mentioned. The EIS has the following result-oriented objectives in this respect: ‘Exercising control of each category 1 establishment for which: - the licence was wholly or partly refused (both in the ﬁrst and second instance) within a maximum of three months of receipt of the decision; - The license states that an elimination plan, studies or measurements must be carried out within a maximum period of three months following the mandatory implementation period of the obligation imposed in the license.

Refusals As mentioned in the introduction above, one of the priorities of the EIS comprises the systematic controlling of decisions of refusal. The number of negative decisions received and handled for the past six years is shown in the table below. On an annual basis, on average around 350 negative decisions are received.

REFUSALS Number received

348

Number processed

350

Number of inspections conducted for this

499

Refusal of a test license Since 1999 many public services, such as the local police, the EIS, the Bouwinspectie (Building Department) and the municipal authorities have regularly received complaints, generally from the same local residents, concerning noise, dust and odour pollution from a waste processing company. The company had an environmental license to operate an establishment for the transshipment and sorting of waste.

At the request of the EIS, the license for a wood chopper in the open air was withdrawn by ministerial decision because of dust and noise. The wood chopper was removed. Meanwhile, the EIS continued to receive complaints. Noise measurements were carried out by recognized experts by order of the company (a particular condition in the environmental license), and the EIS also carried out noise measurements itself. These measurements revealed that the company was not complying with the noise standards of Vlarem II. The EIS drew up two official reports in 2004 and sent official orders to the company. When the environmental license came up for renewal, the Permanent Deputation decided to issue a test license for one year to allow the company to show that it met a number of conditions concerning noise. At the request of the company, the test period was extended by eight months. Noise measurements carried out by the EIS showed that the company was still not complying with the noise standards of Vlarem. The EIS therefore sent a substantiated recommendation to the Permanent Deputation not to extend the test license. The Permanent Deputation followed the EIS’s recommendation and refused the license. On appeal this refusal was confirmed on 27 September 2004 by the Flemish Minister of the Environment. On 5 October, the company submitted an urgent appeal to the Council of State to have the order suspended. The Council of State suspended the negative decision of the Minister on 12 October. As it concerned a test license, the company can continue to operate until such time as the Minister takes a new decision. The EIS thereupon decided to have a new noise study carried out by a recognized expert, who in the past had not yet been appointed by the company or by the EIS, to identify clearly the specific noise of the company.

Special licence conditions Many licences contain special conditions, and the attention of the EIS goes as a priority to establishments where an improvement scheme, studies or measurements have been imposed in the licence. Other special conditions mainly arise during routine inspections or if the company is inspected within the

Routine inspections • 75

Evolution of licences with high priority special conditions 1000

800

600

400

200

0 2001 Number received

2002

2003

2004

Number processed

The Provincial Council imposed on the seven companies in this industrial estate a number of special conditions on the prevention of noise pollution.

context of a speciﬁc enforcement campaign.

condition repealed. A decision by the Permanent Deputation is expected by February 2005.

LICENCES WITH ‘HIGH PRIORITY’ SPECIAL CONDITIONS Number received

861

Number processed

841

Number of inspections conducted for this

1.492

Every year the EIS receives on average around 800 licenses with particular conditions. Particular conditions for noise control The EIS has for a number of years received noise complaints concerning an industrial estate. The complaints were lodged by people living in the adjacent residential areas. The complaints concern both individual companies on the industrial estate and the industrial estate as a whole. Responding to the complaints, the EIS and a number of companies carried out several noise studies. Several companies eliminated a number of individual sources, but the complaints continued unabated. According to the EIS, the noise problems of the industrial estate could be resolved only by a comprehensive approach by the issuing authority, starting with a noise study by the noisiest companies. For this reason, in 2003 the EIS asked the Environmental License Department to start the procedure for the amendment of the operating conditions for seven companies. In December 2003, the Permanent Deputation reached a decision for each of the seven companies with the following additional particular condition: the requirement to draw up a noise study with a measurement of the relevant noise sources and immission calculations of the noise pressure level for the surrounding area. In 2004, six companies had the imposed noise study carried out. The EIS asked all six for additional information and to make amendments to the report. The EIS eventually received the deﬁnitive reports in late 2004. The intention now in the second phase is to eliminate the relevant noise sources. One company refused to carry out the noise study. The EIS drew up an oﬃcial report against the company and ordered it once again to carry out the study. The company instituted proceedings with the Permanent Deputation to have the particular

Control on the self-monitoring process The Flemish environmental health legislation includes many obligatory measurements and registrations of company information. Many of these measurements and registrations serve as a number one means of control on the proceedings and on the observance of the conditions in force. The most obvious examples are the companies’ own emission measurements (air, waste water), but also their own followup of incoming waste, examinations of compressors, holder tests, etc. can be classified under the ‘self-monitoring process’. Putting this type of follow-up in the hands of company owners is a concept that fully fits the whole idea behind environmental protection and conservation systems, which are gaining importance in industrial and business sectors. The self-monitoring process is of great interest to supervising authorities. Self-monitoring often attributes to a more environmentally friendly company management. However, the EIS does not want to make this interest absolute. It wants to impose a number of important preconditions, which are indispensable for the ‘self-monitoring process’ instrument to maintain its great value. The self-monitoring process holds several functions, the most important ones of which are: - follow-up observance of conditions; - availability of environmental information to authorities (supervision, emission inventory, etc.) and to the population; - quality control of the process and the incentive to continuously optimise the process; - pro-active measures to offer maximum protection of the environment. In practice, there is an enormous variance in the observance of these self-monitoring conditions, ranging from strict implementation, quality control and reporting to a total lack of knowledge about these conditions. The EIS also notices that companies or sectors in which the EIS put a lot of effort in supervising the self-monitoring process in the past (e.g. by

76 • Environmental Enforcement Report 2004 of the Environment Inspection Section

Evolution of the number of veriﬁcations of self-monitoring 300

250

200

150

100

0 2002

2003

2004

The companies inspected must continually measure the pH, temperature and ﬂow rate of the wastewater.

means of emission measurements on its own behalf), clearly pay more attention now to these issues. This indicates that self-monitoring alone is not sufficient as a means of control and that observance of the obligations requires external follow-up as well. Self-monitoring could never fully replace governmental supervision. The European recommendation dd. 4 April 2001 on minimum criteria for environmental inspections is very clear on this subject. It states that the member states, i.e. their respective authorities, must ensure that all inspections carried out at supervised infrastructures must also include an examination and verification of control measures implemented by or on behalf of the owners of those supervised infrastructures, and also of all relevant documents drawn up by the owners of those supervised infrastructures. All information collected during the self-monitoring process is also relevant to the EIS when drawing up the annual EIP, as it serves as one of the selection criteria in choosing the companies or industrial sectors to be inspected. These inspections very often include measurements or examinations carried out on behalf of the EIS and in line with the conditions set out by the EIS itself. Results from this type of inspections tend to vary considerably from the results of the self-monitoring process submitted for perusal. The increasing number of verifications of self-monitoring shows that since 2002 the EIS has attached considerable importance to these verifications.

VERIFICATIONS OF SELFMONITORING Speciﬁc veriﬁcations for the project in connection with the self-monitoring of waste water

132

Speciﬁc veriﬁcations for the project in connection with the self-monitoring of air

Other veriﬁcations Total

Self-monitoring of a textile company Vlarem II stipulates that companies that release industrial waste water must undergo a self-monitoring program. The scope of the self-monitoring depends on the flow and the presence of hazardous substances. In 2003 and 2004, an inspection was carried out to verify compliance with this self-monitoring obligation within all the companies with an authorized discharge of more than 50 m³/hour of water with hazardous substances. The analysis results were tested according to the discharge limit values and compared to the EIS’s own measurement results and data of the Flemish Environment Agency (VMM). One of the companies inspected was a textile company in West Flanders. A number of parameters, such as flow and acidity, had to be continuously measured. The EIS found that the measuring equipment for these measurements undergoes calibration on a regular basis so that the results that are taken are correct. The samples and analyses of the industrial waste water were carried out by a recognized laboratory. In the course of the evaluation of the analysis results obtained, it was found that the imposed frequency was only partially complied with, and for some parameters the company submitted insufficient analysis results. There were no problems with the measurement values found. All the analysis results met the imposed discharge limit values. Given that the company carries out only self-monitoring, but that this is not done according to the set requirements, the EIS ordered the company to continue to maintain the imposed analysis frequency for all the parameters.

61 274

Routine inspections • 77

Reactive inspections are carried out following an appeal to the EIS. These inspections are mainly conducted by the local service. Reactive inspections can be subdivided into a number of groups. Action is taken by the EIS, among other things, when it receives complaints, reports of incidents, requests to draw up evaluation reports for test licenses, marginal notes of the public prosecutorâ€™s office, requests by the public prosecutorâ€™s office for technical expertise, requests for advice, parliamentary questions, requests for high supervision and for the determination of winter smog. The number of actual dossiers serve to illustrate the different possibilities. In view of the large volume of work and the high workload it is not possible to respond to every appeal, not every appeal will always result in an inspection. Each file is accordingly checked against the list of priorities.

Reactive inspections Complaints Each year the EIS receives many complaints from the most diverse of parties: private persons, companies, town and provincial authorities, members of parliament, the office of the Flemish Minister of the Environment, other Flemish or federal services (e.g. FAVV), Aminal, environmental associations, Aquafin and Flemish public bodies such as the OVAM and VMM. Anonymous complaints are also processed. In 2002, the EIS created an internal procedure for the handling of complaints. The procedure was translated into an internal instruction that came into effect on 1 January 2003. The text of the instruction was updated in 2004, clarified on a number of points and supplemented with a code system to be able to quantify the different flows of complaints. The new instruction will be applied from calendar year 2005.

Handling of environmental complaints Environmental complaints are handled according to a number of arrangements that take into account the key objectives of the new procedure: good progress monitoring of the complaints communicated to the local authorities; - to define and apply the concept of high supervision; - good communication with the complainants, the municipality, the complaints manager of Aminal and the Flemish Ombudsman Service.

An overview is given below of the most important arrangements for the handling of complaints. - An environmental complaint that concerns an unclassified establishment, an infringement in the open countryside or a law for which the EIS is not competent is immediately passed on to the burgomaster or to the competent service. - Environmental complaints concerning objectionable establishments are handled differently according to the class. - Complaints concerning class 1 companies (including complaints through the ministry, the complaints manager of Aminal and the Flemish Ombudsman Service) are handled by the EIS within three months following receipt of the complaint according to internal procedures that include the implementation of inspections, the possible drawing-up of an official report and the issue of official orders. - A complaint concerning a class 2 or 3 company is immediately passed on to the burgomaster, even if the complainant claims that the municipality does not take action or acts insufficiently. The EIS asks the burgomaster to initiate an investigation within a period of one month. - If the reply of the burgomaster is not forthcoming or is insufficient and there are no serious environmental issues involved, the EIS sends a reminder to the burgomaster to reexamine the complaint. - If once again the reply of the burgomaster is not forthcoming or is insufficient, the complainant, the Minister and the Flemish Ombudsman Service are informed of this. The complaint is then considered to be handled by the EIS. - Only if the reply of the burgomaster is not forthcoming or is insufficient, and if the complaint suggests that it involves a serious environmental issue, within the framework of its high supervision the EIS itself investigates the complaint, if it is still relevant.

Reactive inspections â€˘ 79

Flowchart for the handling of environmental complaints

Environmental complaint

Not categorised Not EIS competence Open countryside

Pass file on to the local or competent authorities

Yes

End

No Category 1 + Ministry + Ombudsman + Complaints Manager

Category 2/3 Categorisation + prioritization Ask burgomaster to initiate an in vestigation within one month + notice of receipt

Notice of receipt (within 14 days)

Burgomaster takes action?

Yes

Inform complainant

End

Inform complainant

End

Inform complainant

End

Is file/complaint still relevant?

EIS deals with the complaint â€“ high supervision

Category 1

Category 2/3

Major nuisance?

No Remind burgomaster to deal with the complaint within one month

First dealing according to tools before target date

Burgomaster takes action? Follow-up, if necessary No Pass file on to the Flemish Minister of the Environment Category 1

End

Category 2/3

End

The EIS receives many complaints every year and carries out thousands of inspections to assess the complaints and, where appropriate, continues to monitor the findings.

EVOLUTION OF THE NUMBER OF COMPLAINTS 2500

2000

1500

COMPLAINTS Number received

1000

Number processed Number of inspections

500

0 1999

The EIS receives over 2,000 complaints every year. This figure has remained practically unchanged for many years. The complaints are subdivided according to the relevant environmental compartment. A complaint can sometimes include several issues. As a result, one complaint may be classified within several compartments. NUMBER OF COMPLAINTS

RECEIVED

2000

Number received

PROCESSED

2001

2002

2003

2004

Number processed

COMPLAINTS BY ENVIRONMENTAL COMPARTMENT

Waste Soil and groundwater

Odour

Air

Work

Soil and groundwater

Noise

Fertilizer

Discharge

Safety

Waste

Light

Work Noise Odour Light Discharge Air Fertilizer Safety Total

The table below shows the distribution of complaints by environmental compartment. It can be concluded from this that most complaints concern the environmental compartments of smell, noise and operation. Over two thirds of all complaints are classified in these three compartments. One notable observation is that in 2004 for the first time the EIS received more complaints concerning noise pollution than complaints concerning odour pollution.

EVOLUTION OF COMPLAINTS BY ENVIRONMENTAL COMPARTMENT 3500

Fertilizer

3000

Soil and groundwater

2500

Air

2000

Waste

1500

Discharge

1000

Noise

500

Work

Odour 2000

2001

2002

2003

2004

Reactive inspections â€˘ 81

RECEIVED COMPLAINTS ON COMPANIES IN 2004

NUMBER

NUMBER OF

OF COMPLAINTS

COMPANIES INVOLVED

Category unknown

Not categorised

Category 1 Category 3

Category 2 Category 3

Category 2

Non categorised establishments

Category 1

Category unknown Total

Complaints concerning a bus company In October 2003, the EIS received a complaint from a local resident concerning a nearby bus company. The company is based in a former warehouse and had in the past received the (unofficial) authorization of the municipality to operate there. At that time, the company also requested a change in the intended use of its buildings, but never obtained an answer. In 2002, a regularization application based on a particular regulatory plan was ultimately refused. Because this concerned a class 2 company, the EIS sent a letter to the burgomaster asking him to handle the complaint. In February 2004, the EIS once again received a complaint, this time through the Flemish Ombudsman Service. The EIS then convened a meeting with the burgomaster, where it was decided that the relocation of the company was the only possibility. At the start of March 2004, the EIS drew up an official report against the company and proposed that the burgomaster take action. Because no progress was being made with the case and the EIS believed that the burgomaster had taken insufficient action, the EIS decided within the framework of its high supervision to take action itself against the illegal operation. For this reason, in June 2004 the EIS called on the operator to take a mandatory measure: all notifiable and licensable activities had to be discontinued within a period of three months. In August 2004, there were contacts with the operator and the burgomaster, where it was reiterated that the relocation of the activities was the only solution. Just before the three months expired, the company instituted summary proceedings against the EISâ€™s mandatory measure. As of the end of 2004, the procedure was still pending. The EIS will continue to monitor the case, taking into account the ruling in summary proceedings.

Complaint concerning odour pollution at a landfill site For several years, the operation of a large landfill site for domestic waste had led to repeated complaints concerning odour pollution. The smell in the neighbouring residential districts had generally been perceived more in early morning or at night in cold and foggy weather in the winter and in hot weather in summer. The local residents complained about the smell to the local police or directly to the EIS. The local police and the EIS drew up an official report several times. At the same time, the EIS ordered the operator to take measures to prevent or limit the spread of odours. Since 2000, the landfill site has had a system of gas extraction with energy reutilization of the biogas in gas motors. For technical reasons, a full gas extraction system cannot be created until the dumping activities have been completed on a certain part. This meant that the gas extraction had to be carried out in phases, simultaneously with the finishing of the filled parts. In addition to the possibility of reutilization of the biogas, the gas extraction system also ensures that landfill gases can no longer spread to the surrounding area, thus preventing unpleasant smells. Since the end of 2002, measurement points have been in use in two residential districts in the vicinity of the landfill site where the concentration of methane in the surrounding air has been continuously measured. The creation of a system of odour monitoring on the basis of the measurement of methane concentrations was imposed in the environmental license for extension of the category 2 landfill site. Methane itself is an odourless gas, but it is an important component of the landfill gas that is released after the landfill activities and in which there are also odour components. The continuous measurements showed that elevated methane values were indeed recorded at times when odour complaints were made by the residential districts in question. This measurement system therefore makes it possible to monitor the odour situation in the vicinity of the landfill site in an objective manner. In 2004, the last part of the landfill site was definitively com-

82 â€˘ Environmental Enforcement Report 2004 of the Environment Inspection Section

After a complaint via the Flemish Ombudsman, the EIS announced a mandatory measure against the illegal operation of a coach company..

Odour measurement post in a residential area around the landfill, for the continuous measurement of methane.

pleted and equipped with a gas extraction system. Furthermore, the processing of the biogas was optimized, among other things by fitting gas motors and by applying internal control procedures. Since the definitive completion of the landfill site and the completion of the gas extraction system there have been no more complaints about odour pollution. The results of the continuous methane measurements have confirmed that the situation is now under control.

List of cases handled in 2004 by the complaints manager of Aminal

NUMBER

DESCRIPTION

CLASS

Unlicensed parking of trucks/wrecks Noise from a pharmaceutical company Operation of an unlicensed establishment and envronmental pollution Dust and noise pollution at a stone-cutting firm

Handling of complaints within the framework of the Complaint Decree A complaint within the framework of the Complaint Decree is a manifest expression of a dissatisfied citizen who complains to the authorities concerning an operation or service performed (or not, as the case may be) by the same authorities. Complaints that fall under the Decree and are initially submitted to the Flemish Ombudsman Service or the complaints manager are initially referred by these services to the officer who handles the case or his direct hierarchical superior. If the problem is not resolved at the level of the service, the complainant can refer the complaint to the complaints manager of Aminal. The complaint is recorded and is handled according to the directives of the Complaint Decree: the complaints manager confirms receipt of the complaint within ten calendar days and handles the complaint within 45 calendar days. To this end, the complaints manager asks the head of the department in question to draw up a draft reply. If the complainant is not satisfied with the reply of the complaints manager, he can then refer the case to the Flemish Ombudsman Service, which can initiate an investigation according to the same procedure: the complaint is referred to the head of department, the head of department initiates an investigation and reports to the Flemish Ombudsman Service, which then gives the complainant a reply.

Operation of a dance cafe without a license

List of cases handled in 2004 by the Flemish Ombudsman Service NUMBER

DESCRIPTION

CLASS

Noise from a nonferrous company Unlicensed parking of trucks/wrecks Odour pollution from a pig company Environmental pollution from a slaughterhouse Storage of construction and demolition waste Construction violation/unlicensed bus company Noise pollution from a sugar refinery Noise pollution from a pharmaceutical company Noise pollution from two companies Storage of hazardous products by a distribution firm Noise pollution from a printery Operation of unlicensed establishment and environmental pollution Noise from an airport

In 2004, the EIS handled 5 cases referred by the complaints manager of Aminal and 13 referred by the Flemish Ombudsman Service. An overview is given in the tables below.

Reactive inspections â€˘ 83

Reports of incidents Each operator of a nuisance-producing establishment has the obligation to take all the necessary measures to protect the surrounding area against the risks and consequences of accidents with the establishment’s operation. This also implies the necessary emergency materials being in place, and all the necessary measures must be immediately taken in the case of nuisance, damage or imminent danger. Any pollution must be cleaned in an ecologically sound manner. Besides the obligation to exercise care, the operator also has a reporting obligation: the incidents and measures taken must be reported to the burgomaster and the EIS. If an incident has taken place, the EIS will ascertain if the necessary consequence-reducing measures were indeed taken. In 2004 a total of 956 incidents were reported to the EIS. These incidents are not restricted to ‘accidents’ in the narrow sense of the word. The operator must also report breakdowns of treatment plants, breaches of emission standards and fluid leaks that lead to soil pollution. These reports must also be included in the figures. According to the provisions of the Co-operation Agreement Seveso establishments must, in the case of a serious accident, initiate the internal emergency plan and inform the 100 service and the government’s Co-ordination and Crisis Centre (CGCCR). The CGCCR reports the event to a number of competent authorities such as the inspection services, who may then proceed to the scene to check that the necessary emergency measures were taken. In 2004, for the operationalization of the EIS’s manning scenario a draft script for the notification of the reporting of incidents was developed, and the EIS opted for publication by means of an information campaign that will take place in 2005. The ultimate aim is to create an effective and efficient system for reporting of and response to incidents in industry.

REPORTS OF INCIDENTS Number of reports received Number of inspections conducted for this

Remediation following numerous incidents In 2004, there were regular incidents in a chemical company in the Province of Antwerp as a result of which the discharge limit values for waste water were exceeded. The company has a physical-chemical water treatment plant and releases 120150 m? of waste water an hour into the surface water.

Measurement of an extreme low pH after an incident.

Following the intervention of the EIS, the company looked into the causes of the many incidents and made some radical improvements. Waste water from various departments that previously did not go through the water treatment system but flowed directly to the drainage point is now collected in separate, underground relief wells. While the waste water is being pumped from these relief wells to the drainage point, the company now first measures its conductivity or pH. In the event of any violation of a preestablished limit value, the discharge is stopped and the water is pumped to the water treatment system. In this way, controls are incorporated in the system and the waste water can if necessary be pumped through the water treatment system. Furthermore, it was found that the underground collector that took the waste water to the drainage point showed fissures and cracks, so that the company was possibly also polluting the groundwater. For this reason, the underground collector was replaced by an above-ground collector, and a new valve was fitted at the end of the collector to stop the water from being discharged to the drainage point. The waste water is then temporarily retained in the collector itself, in a relief tank and in a watertight relief basin pending further processing. The company also invested in the renovation of the water treatment plant by purchasing a new chalk and lime milk installation, by renovating relief tanks for waste water and by improving the flocculant dosing. Additionally, the company improved the internal procedures to monitor incidents and the resulting actions more closely and to improve communication about these problems with the people on the shop floor.

84 • Environmental Enforcement Report 2004 of the Environment Inspection Section

Evaluation reports A trial licence can be granted for a maximum period of two years. In pursuance of article 40 of Vlarem I, the EIS draws up an evaluation report for each trial licence. This report is forwarded to the licensing authority before it makes a final decision.

EVALUATION REPORTS FOR TRIAL LICENCES Number of reports Number of inspections conducted for this

Evaluation report at a mineral processor As a result of complaints concerning dust pollution, in May 2002 the EIS carried out an inspection on the premises of a company that processes minerals. Among other things, it was found that the company had insufficient authorization. The EIS therefore drew up an official report and ordered the company to submit a license application. The company complied in November 2002.

Deputation. As a general conclusion to the report, the EIS stated that the company had genuinely implemented a number of practical measures during the test period, but that it had nonetheless been unsuccessful in bringing the two most important problems permanently under control, namely the dust pollution and the breach of the standard for suspended matter in the industrial waste water. As the dust emissions, both point source and diffuse, were the underlying cause of both problems, the EIS said that it was chiefly this aspect that had to be given the necessary attention with a view to the definitive granting of the license. The evaluation report ended with a few suggestions for possible particular conditions. The environmental license was definitively granted at the start of January 2005. Reference was made several times to the EISâ€™s evaluation report in the main body of the license decision. The particular environmental conditions suggested by the EIS were incorporated virtually word for word in the definitive environmental license.

In March 2003, the Permanent Deputation granted a two-year test license. The license was issued only on trial because of a number of issues with the water management and the dust pollution, concerning which there were insufficient data available at the time. In these particular circumstances, two studies were imposed concerning the water management and the dust emission problems, in order to be able to make a better evaluation of these environmental aspects. In preparation for the evaluation report, from April to October 2004 the EIS carried out ten inspections on the premises of the company. Particular attention was given to the two most important environmental aspects, namely the dust pollution and the waste water problems. To monitor the dust emissions, the company was observed several times from a distance. In the course of these inspections, the anomalies that came to light led to two official orders being issued to the company, explicitly requesting that it should take these issues into account in the course of the imposed studies. In order to assess the discharge of industrial waste water, moreover, the EIS took three scoop samples. These revealed that the company was in breach of the discharge limit value for the suspended matter content, and an official report was therefore drawn up.

The EIS put together an assessment report suggesting special conditions to restrict dust emissions from this installation.

The EIS impressed on the company the need to complete the two imposed studies promptly, so that the assessment of these reports could also be incorporated in the evaluation report. The studies were indeed completed promptly and sent to the EIS. Many of the remarks made by the EIS were taken into account in the reports. On the basis of the observations carried out during the inspections and the reports on the imposed studies, the EIS drew up an extensive evaluation report and sent it by the set deadline to the Permanent

Reactive inspections â€˘ 85

EVOLUTION OF THE MARGINAL NOTES 1200

1000

800

600

400

200

0 1999

2000

Number received

2001

2002

2003

2004

Number processed

While the operator remediated the water treatment system, the EIS gave the public prosecutor regular updates of how things were progressing.

Marginal notes If a public prosecutor’s office has questions concerning an EIS official report or if the public prosecutor’s office wants to know the state of affairs in the administrative procedures that follow an official report, this takes the form of a marginal note. MARGINAL NOTES RECEIVED

IN THE CASE OF PRIORITY OFFICIAL REPORTS

IN THE CASE OF OF OTHER OFFICIAL REPORTS

Antwerp Brugge Brussels Dendermonde Gent

ed, while BOD, total phosphorus and total nitrogen were also critical in some samples. The EIS drew up an official report for this and imposed measures to rectify the situation. The public prosecutor’s office monitored the remediation by means of marginal notes. In the meantime, the operator worked on the water treatment plant, so that after the campaign in 2001 it could be announced that the problem had been solved. However, this appeared to be only temporary, because the results of 2002 showed that there were once again problems with certain parameters (sediment, suspended matter, COD and total nitrogen).

Hasselt Ieper Kortrijk Leuven Mechelen Oudenaarde Tongeren Turnhout Veurne Total

In addition, the environmental inspectors, following a substantiated request made by the public prosecutor’s office, can participate in an investigation as technical experts under the authority of a magistrate or an officer of the judicial police, insofar as this does not interfere too much with systematic enforcement. In 2004, there were a total of 93 interventions for this. Marginal notes concerning a slaughterhouse In a slaughterhouse in the Meetjesland, the EIS every year carries out a five-day waste water sampling campaign. As the company discharges at night, this is done with automatic sampling equipment. During the campaign in 2000, violations of the discharge limit values were found. The standards for sediment, suspended matter and COD were almost always exceed

The EIS also reported these findings to the public prosecutor’s office, and the clean-up order had to be reiterated all over again. In 2003, another serious issue came to light when it was found that blood was being discharged into a nearby drainage flume. There could be no doubt that the slaughterhouse was the culprit. This was a clear sign that a thorough investigation was required. The slaughterhouse’s sewer system was opened by the operator for inspection, and it was found that not only had the sewer system been incorrectly connected to the slaughterhouse during conversion work, but also that the system controlling the waste water flows was no longer adequate. Fortunately, the operator realized the seriousness of the situation. He had new connections made for the waste water flows and a completely new control system for the waste water. The total cost of remediation was around 40,000 euros. During the five years when these problems with the slaughterhouse’s waste water were being tackled, the EIS regularly kept the public prosecutor’s office informed of the situation in response to marginal notes. A sampling campaign in September 2004 revealed that all the discharge parameters met the license standards. The public prosecutor’s office was informed of this.

86 • Environmental Enforcement Report 2004 of the Environment Inspection Section

A private water treatment plant can be nicely integrated into the garden.

Giving advice The majority of the requests for advice are a consequence of the regulations concerning private water treatment plants (PWTPs). Advice is also given in the context of EMAS registrations. In 2004 the EIS received no requests in respect of files eligible for investment allowances.

their waste water themselves can enjoy exemption from the waste water levy. One of the conditions for this is the construction and operation of the PWTP according to a code of good practice. Before the burgomaster can issue such a certificate to the private individual, he or she must request the advice of the EIS.

Recommendation PWTPs

The figures concerning the recommendations issued are given in the attached table. It can clearly be seen that there has been a significant increase in previous years. Compared with last year there was an increase of 35%, and in comparison with 2001 the number of recommendations more than doubled.

The Flemish parliament passed the programme decrees of 20 December 1996, 19 December 1998, 22 December 2000 and 19 December 2003 ruling that private persons who purify

ANTW.

LIMB.

EAST FL.

FL. BRAB.

WEST FL.

TOTAL

Requests received Incomplete requests Requests investigated Positive recommendation Negative recommendation (construction) Negative recommendation (exploitation) Anaerobic bacteria filter or oxidation bed Anaerobic bacteria filter Drained sand filter/filter bed Raised filter bed system Immersed filter Activated sludge system Biorotor Plant systems

Reactive inspections â€˘ 87

While preparing and carrying out the inspections for drawing up this advice, the EIS has gained much practical experience since 1997. In September 1999, in accordance with feedback policy, these data were brought together and supplied to the Flemish Minister of the Environment as an extensive report. In the course of 2000 the EIS made two concrete proposals to the minister for the amendment of the decree.

Recommendations in respect of EMAS

The last amendment of the legislation took place in the programme decree of 22 December 2000: from 2001 a certificate valid for five years suffices and exemption is granted automatically. Furthermore, all persons treating water themselves who meet the current quality standards enjoy exemption, irrespective of their place of residence (unless the private water treatment plant was created after the house was already connectable to a waste water treatment plant). The term ‘certified private treatment plant’ was also introduced.

- EMAS II is the successor to an earlier EMAS regulation (1826/93) aimed at gradually improving the environmental performance of organisations by: - encouraging organisations to set up and apply environment management systems; - making a systematic, objective and periodic assessment of the performance of such systems; - informing the public about environmental achievements and involving them in open dialogue; - actively involving the employees in the organisation.

At the end of 2004, the Program Decree of 24 December 2004 once again led to a few changes in the regulations. However, the EIS’s recommendations are still mandatory. Despite the last amendments to the legislation, the EIS still has a number of suggestions for the further optimising of these regulations: - Raising the awareness of the municipalities. Since the coming into force of Vlarem II in 1995, private persons are obliged to build their own waste water treatment systems if new houses are constructed in a zone where no connection to a municipal waste water treatment plant is planned. It appeared that only three municipalities systematically applied these regulations. - Effective introduction of certified installations and accredited constructors. The advantages are increasing the quality of the systems, assurance for private persons, and simpler control by the public authorities. - No Vlarem environmental inspectors are used in the procedure. - Further simplification of the procedure. The costs for the authorities are indeed still much higher than the benefits.

EC regulation 761/2001 of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme is better known as the EMAS II regulation. Therefore EMAS stands for ‘Eco Management and Audit System’.

In contrast with its predecessor EMAS II is not restricted to industrial activities. The new regulation was implemented by a change in the section on in-house environmental care of the Decree on general provisions concerning environmental policy. Aminal is the authority that is competent for the registration of organizations and for the withdrawal, refusal and suspension of registration. The Environmental License Department is responsible for practical implementation. Under the terms of article 6 of the regulation, the EIS is consulted in the event of any application for registration of an industrial activity. Based on a number of criteria, the EIS decides whether the organization meets the relevant legal environmental regulations, and if necessary objections are expressed. In early 2004, the EIS expressed an objection against a request for a recommendation that had been made at the end of 2003, as the organization did not have a full environmental license. In 2004, the EIS received one question concerning an EMAS registration. In the light of the findings during an extensive IPPC inspection, the EIS had no objections to the registration.

In 2005, the EIS will once again put a proposal to the minister aimed at simplifying the procedure.

88 • Environmental Enforcement Report 2004 of the Environment Inspection Section

Questions from the Flemish Parliament Every year, the EIS provides considerable input with a view to answering different questions put by the Flemish Parliament (written questions, requests for explanation, petitions, interpellation requests and topical questions). An overview of the questions handled is given below. For the time being, few (if any) inspections have been carried out for this purpose, since most of the cases are very familiar to the EIS and there is usually little time available between the question being asked and the answer being given.

INPUT IN RESPONSE TO QUESTIONS PUT BY THE FLEMISH PARLIAMENT Number of written questions handled Number of requests for explanation handled Number of petitions handled Number of interpellation requests handled Number of topical questions handled

Overview of the questions from the Flemish Parliament handled DATE

SUBJECT

NATURE

The threat of an environmental disaster following the fire in Neder-over-Heembeek

Request for explanation

NO.

Cooperation between the Flemish environmental administration and the Federal Police

Request for explanation

Swimming pool in Kortrijk

Request for explanation

Veterinary and Agrochemical Research Center in Machelen (VARC)

Request for explanation

Status of black schist originating from slag heaps

Request for explanation

Risk of perfluorochemicals for the environment and health

Request for explanation

Balanced representation in the management and administration bodies

Written question

Vlarem noise standards for agricultural vehicles

Written question

Supervision of the environment by the municipal environmental officers

Interpellation request

Staffing requirements of the Environment Inspection Section

Interpellation request

Veterinary and Agrochemical Research Center in Machelen (VARC)

Written question

Fireworks factories: licenses and inspection

Written question

Zwartberg Airfield: noise pollution

Written question

Companies with State participation: overview

Written question

Municipal nonprofit associations: subsidizing

Written question

High supervision Article 58 of Vlarem I stipulates that the EIS’s ministerially appointed, level 1 and 2 inspectors are responsible for supervising class 1 establishments and for the high supervision of class 2 and 3 establishments. However, the environmental health legislation says nothing at all about how this high supervision should be carried out. In the past the EIS did not interpret high supervision as ‘acting in the place of the defaulting party’. After all, the EIS only has 90 or so environmental inspectors and it is their main task to carry out inspections of the type described in the EIP. Furthermore, the EIS does not have the resources available to enforce supervision because it has no hierarchical authority over the district councils. To meet its responsibilities as an institution with high supervision, the EIS has developed and introduced a procedure to monitor closely the first line supervision by the municipalities (see also point 1 of this chapter (complaints)) and to ensure

the enforcement of the environmental legislation in serious cases where the municipality clearly refuses to intervene. High supervision within a transport company At the start of March 2004, the EIS’s Flemish Brabant local service received a request from the Federal Police for urgent assistance. During an investigation ordered by the court into the correct handling of a bankruptcy, police officers discovered in the warehouse of a transport company numerous barrels and packagings which, according to the labels, contained extremely hazardous chemical substances. Some of these barrels and packagings showed traces of leaks or were damaged. The police first contacted the competent municipal environmental official. Given the complexity of the situation, he decided it was best to call on the EIS. The EIS found that the quantity of chemical substances stored in the company (including yellow phosphorus) was above the Seveso threshold. Moreover, there were no adequate safety

Reactive inspections • 89

The winter smog scheme When the meteorological conditions are poor, air pollution can sometimes rise appreciably, creating a smog which affects man and environment in an adverse manner. Vlarem II contains a regulation stipulating that those companies that pollute the air the most should take action to reduce their emissions of harmful substances when smog occurs. In addition to supervising compliance with this regulation, the EIS has been charged with getting the message across to business and industry. The EIS is duty-bound to issue these companies with a warning when winter smog occurs. As soon as winter smog comes into season the EIS asks them to make preparations, gives them the alarm, and asks them to take appropriate action. Once the period is over, and the measures are no longer necessary, the EIS notifies these companies of the situation. The EIS is also required to provide information for other regions, neighbouring countries and the press. The process of translating the Vlarem provisions into a practicable scheme for the EIS, with written procedures and standard warnings and alarm messages for the parties involved, has resulted in the ‘Winter Smog Scheme’. In 2004, this scenario was updated for use in the winter of 2004-2005. A small area of hazardous substance storage at the transport company.

provisions, and the storage area was totally unsuitable for the storage of such hazardous substances. The fire resistance of the building was inadequate, there was no partitioning, there was no adequate firefighting equipment, and the operator was not complying with the requirement to have appropriate safety distances between products having different risk properties. The company premises were adjacent to a residential area, so that in the event of any calamity (fire, leakage) there was a possibility of a real environmental disaster. In consultation with the burgomaster, the local fire service and the official receiver, work began immediately on the controlled removal of all the hazardous substances. The investigation of this case reveals that the bench of burgomaster and aldermen had in the past granted an environmental license for the storage of a small quantity of chemical products. However, neither the burgomaster nor the competent municipal services had ever carried out a proper inspection of the company to verify the environmental license status and whether the applicable operational conditions were complied with.

The Vlarem regulations draw a distinction between ‘warning phase’ and ‘alarm phase’. The warning phase starts when the average hourly NOx measurement or the sliding daily average SO2 measurement rises above a predefined threshold. These measurements represent ambient air concentrations of the aforementioned substances. The VMM measures them continuously at 35 measurement stations throughout Flanders. The Vlarem regulations also contain a threshold value for initiating the alarm phase. To ensure that the measures actually work when the alarm is sounded, it is important that action be taken by companies in the same area as the smog. Hence the division of Flanders into seven zones, including two separate zones for the ports of Antwerp and Ghent. The warning phase or alarm phase is announced as soon as at least two of the measurement stations in any one zone exceed the threshold value. Only the companies in that zone need take action when the alarm phase is announced. The duty inspector at the Chief Inspectorate monitors trends in the concentrations via the Flemish measurement stations published on the IRCEL website. Every day the VMM, which manages the Flemish measurement network, emails the inspector a report of the measurements taken at all stations.

90 • Environmental Enforcement Report 2004 of the Environment Inspection Section

Only the largest emitters are required to take steps to reduce their contribution when the alarm is issued. The winter smog companies are selected every year on 1 October on the basis of the annual loads reported in the annual environmental report of the previous year. For the winter of 2004-2005 there are 40 winter smog companies. These are mainly electrical power stations, metallurgical companies, brickworks, refineries and large chemical companies. The map shows the location of the winter smog companies and measurement stations, and the division of Flanders into zones.

MEASURING STATIONS Telemetric Measurement Network

In the event of an alarm, the winter smog companies are required to temporarily cut down any production and burning processes that cause air pollution, and to temporarily suspend any air polluting activities that can justifiably be postponed, and to defer the start up of any processes that might involve extra emissions. Additionally, they must switch over to fuels which are low in sulphur and, if possible, use natural gas. The operators must report within 24 hours to the EIS, faxing through a list of the measures they have taken. The EIS monitors these actions.

COASTAL ZONE WINTER SMOG PERIODS Vlarem II section 4.4.5

WEST ZONE

Specific Studies Measurement Network NORTH ZONE EMITTERS

EAST ZONE

Companies (2003-2004) Power stations Refineries

CENTRE ZONE PORTS BRUSSELS

Winter smog: location of the zones, measurement stations and emitters

To ensure effective remediation and to keep the credibility of enforcement high, it is absolutely necessary that we have a firm and vigorous progress check of the measures imposed until the desired remediation is achieved. This chapter also looks at own initiative. In addition to the many scheduled inspections we also need to focus attention on official checks carried out on the (own) initiative of the environmental inspector. This progress check and own initiative, which are an important part of the key process of inspecting and implementing measures, reflects the time spent on this aspect, i.e. 30%.

Progress check And own initiative Progress check on a dossier When making a progress check on established failings the EIS uses a set of enforcement tools. This is an EIS toolbox, which can be used efficiently and effectively to maximise the inspectorâ€™s own powers to bring the matter to a conclusion. The instructions he issues must therefore lead to actual remediation. In cases where the instructions given (usually exhortations) do not lead to the anticipated remediation, the EIS will proceed with administrative proceedings (compulsory measures, orders) or propose that the licensing authorities impose administrative sanctions (suspend or withdraw the license). In this case the EIS can also apply to change the license conditions or add new ones. Progress check of Salmonella Contamination A succession of food crises in the last decade led to strict European, national and regional legislation to protect the food chain and regulate the processing of animal waste. The powers in this area are partly federal and partly regional. In the Flanders Region the EIS takes annual samples of end products made by animal waste processors to check that they are microbiologically clean. This was done at a firm to the north of Brussels, a processor of animal parts including bones. In mid 2004 the EIS identified Salmonella contamination of the fine bone meal. The EIS placed a block on the contaminated product as a containment measure. In addition, it ordered the firm to trace the origin of the contamination and to clean and disinfect the entire plant meticulously.

Despite a re-sterilisation of the contaminated batch, the Salmonella remained. After a long and hard search the cause was discovered. Condensation was forming in the sterilised bone meal storage silo while the still very hot and moist meal was arriving. Moisture combined with a potential source of Salmonella, i.e. an almost untraceable birdâ€™s nest in the silo, had almost certainly caused a secondary Salmonella contamination. The firm took measures. The Salmonella disappeared after a new sterilisation, and the EIS released the batch. The EIS wrote up an official report and informed the FAVV and OVAM immediately after the contamination was identified. The quick and accurate action of the competent inspection services and the firmâ€™s willingness to cooperate led to a fast remediation of the situation, thereby nipping a real risk to man and environment in the bud. When sampling the end product the EIS detected Salmonella contamination.

Sewer camera investigates complaint over illegal discharge During a flow rate based sampling set at a vegetable processing business in Noorderkempen, Antwerp, VMM noted that only during a very high rate of discharge did the company discharge via the official observation well containing a measurement partition. There was a suspicion that the firm was attempting to avoid the duties in one way or another. VMM notified the EIS and they visited the site together. Upstream of the official sampling well it appeared that another well was present under a rusty iron plate. This well contained a partition that could be adjusted manually and that was resting at that time on a paving stone. The partition could be used to split the wastewater flow over two pipes, only one of which led to the official observation well containing the measurement device. The EIS confronted the operator with these observations and pointed out that duties were being evaded. However, the operator claimed that he used the adjustable partition to recuperate water for the first wash of the vegetables. He also showed two basins in which he collected that water. Because his explanation did not offer sufficient clarity the EIS decided to commission a sewer camera inspection by a specialist laboratory. Two weeks later a small camera on wheels was driven through the industrial sewer system. The images returned by the camera could be watched on a screen in the laboratoryâ€™s van. There, the environmental inspector established, in the presence of the operator, that after the official measurement point another two pipes were connected to the effluent pipeline. The operator then admitted that one of the two pipes did in fact originate from the well containing the adjustable partition. The other pipe was purely a rainwater drain. In the meantime the operator had bricked up the illegal discharge pipe. On the basis of these observations it transpired that in the past, when the measurements were being taken for the wastewater duties, not all of the wastewater was being discharged via the official discharge point. The EIS drew up an official report and informed VMM of the situation. Producer of concrete blocks without license In June 2004 the EIS received a written complaint about a firm that produces concrete blocks. The complaint came from the manager of a competing company. He alleged that the block making company was operating without the necessary environmental license, and that this constituted unfair competition. In the course of July 2004 the EIS observed during its inspection of the firm that it was in fact a class 1 plant operating without a license. The EIS drew up an official report and suggested that the burgomaster take action. The EIS requested that the burgomaster inform it, by the 1st of September 2004, of the measures taken to prevent this illegal operation.

The EIS noted that this company was producing concrete blocks without an environmental license.

The burgomaster told the EIS that he would talk to the business manager by the end of August 2004, and inform the EIS of the outcome of this talk. When, in September, a definitive response had yet to arrive from the burgomaster, the EIS issued a reminder. To this the burgomaster replied that during the talk with the firmâ€™s management he had given the firm until 25 December 2004 to find another location. If it was still operating at the nonlicensed site at that time, it would be closed down on 31 December 2004. In a progress check at the site the EIS observed that the business activities had ceased. The business manager was in the process of dismantling the plant and equipment, and assured us that he would wind the operation up in the correct manner. The EIS is continuing to monitor this dossier, along with the district council.

Own Initiative It goes without saying that when carrying out his scheduled activities in the field an environmental inspector is bound at some point or other to come across unforeseen (potential) environment offences that (could) constitute a risk to man and environment. For example, the environmental inspector may observe the following situations: illegal discharge of wastewater, soil pollution, suspected plums of smoke from a chimney, acute odour, light, noise or vibration nuisance, illegal dumping or burning of waste, and what appears at first sight to be the careless and unsafe operation of a business. When observing unforeseen conditions of this type the environmental inspector cannot turn a blind eye. It is appropriate for him to act (immediately) on his own initiative. Every environmental inspector is allocated a portion of his available time to deal with these instances. Below we cite a number of concrete examples. Water Pollution at a Food Company A watercourse downstream of a company in the food business had been heavily polluted for years. An odour assessment in

94 â€˘ Environmental Enforcement Report 2004 of the Environment Inspection Section

The pollution was characterised by an explosive growth of what is known as sewer mould.

the vicinity of the company drew the EISâ€™s attention to the problem. The EIS immediately recognised that there was something fundamentally wrong, and took action. The pollution was characterised by an explosive growth of what is known as sewer mould. The EIS observed the heavy pollution downstream of the point at which the watercourse met an arched stream. Upstream of the arch the water flora was thriving abundantly. The pollution must therefore have had its origin at the arch. The official cooling water and industrial wastewater discharge points for the aforementioned company fed into the arch. The EIS asked VMM for information on the trend in water quality and on the sewer connections. Despite the fact that the public sewer mains was already connected to the municipal wastewater treatment plant, the VMM measurement campaigns revealed that the water quality upstream of the company was deteriorating. Through regular sampling of the industrial wastewater the EIS was able to establish that the discharge standard was not being exceeded. Thus the discharge could not be behind the deterioration in the water quality. However, the EIS did discover three illegal discharge points in the arch. The EIS made a report of the circumstances and exhorted the company to stop discharging wastewater and update the sewer plans. Since in all likelihood the company was also evading the wastewater duty, the EIS informed VMM of the situation.

At the end of October 2003 the company explained that rainwater was drained off via the discharge points that the EIS had discovered. Over the years the company added industrial wastewater flows here and there, such as overflow pipes on condensate tanks in the packaging department. It was not possible to disconnect from the stream immediately because the three drains were needed for the rainwater. Heavy downpours would result in flooding and damage. The company suggested a disconnection by March 2004. After the disconnection the water flora recovered in spectacular fashion. However, they died off just as quickly after the company opened the illegal discharge points again during a cloudburst. In October 2004 the EIS again observed a reduction in the water quality. The EIS investigated the cause of this and, together with the business manager, observed that a significant wastewater stream with an extremely high contamination load was being drained off to the arched stream. Industrial wastewater was flowing into the rainwater drain via a collapsed sewage pipe. The company prioritised the renewal of the sewers and four days later all the illegal points were disconnected. To rule out any further pollution of the stream the EIS commissioned a sewer camera inspection to find out whether or not the industrial sewers were connected to the public sewage mains. This was not the case. The inspection did however

Progress check and own initiative â€˘ 95

The EIS noted regular illicit discharges of untreated industrial wastewater (containing carrots, among other things!).

reveal that the section of industrial sewer in question was in very poor condition in several places. As a result the company decided to carry out a full inspection of the internal sewer system, which is about 10 km long, in 2005-2006. Strict sentence for vegetable processing company There are number of large vegetable processing companies in the middle of West Flanders. In terms of the environment, the EIS identified problems with the discharge of industrial wastewater and pumping up of excessive quantities of groundwater from the vulnerable deep lying aquifer. Whereas in recent years most of the businesses in this sector had invested in appropriate treatment facilities we noted that one company was showing a structural lack of care for the environment.

the illegally pumped deep aquifer water. The business manager was given a considerable fine and suspended prison sentence. The judge also sentenced the companyâ€™s environment coordinator to a fine or suspended term in prison for his personal share in the violations. The Public Prosecutor also asked the EIS to carry out a new inspection of the site to assess the current operating situation. In particular, it was to check the conditions imposed in respect of the discharge of industrial wastewater and the pumping of groundwater. Our report will be used to decide whether to impose an operating ban in accordance with the provisions of the Environmental License Decree. The condemned parties appealed against the judgement.

The EIS regularly noted illicit discharges of untreated industrial wastewater; furthermore, as the result of a lack of maintenance, disasters with the inadequate treatment plant were more of a rule than the exception. Every year the company far exceeded the licensed flow rate of pumped deep aquifer water. The other businesses in the vegetable processing sector saw this situation as unfair competition. The district court of Bruges grouped all of the violations together and treated them as one. The judge was of the opinion that the circumstances were proven and ordered the company to pay a heavy fine, for the extra benefit obtained from

The EIS investigates illegal discharges In June 2004 the EIS started receiving complaints almost every month about the pollution of the Grote Gete at Getelaan in Tienen. Sudden bouts of foaming at the weir, and stinking water running from the Menebeek that flowed into the Gete, were making the local anglersâ€™ club fearful that the fish would die. The public prosecutor and the commissioner of the local police force also reported the matter to the EIS. The EIS investigated the cause of both sources of pollution. This was a difficult task, because the pollution would appear

96 â€˘ Environmental Enforcement Report 2004 of the Environment Inspection Section

suddenly and disappear just as quickly. The course of the Grote Gete and the Menebeek was searched for the presence of illegal discharge points. A resident of the Walloon district of Zétrud-Lumay told the EIS that he regularly saw foam at the weir at that location. The EIS made arrangements with the Local Police Force at Tienen-Hoegaarden to increase the intervention speed and follow the pollution upstream in order to locate its source. The next time the foam contamination was observed the Local Police acting in collaboration with the neighbouring Walloon council identified the pollution as originating from a Walloon company. The EIS informed its Walloon colleagues at the ‘Division de la Police de l’Environnement’, who ordered the company to stop polluting the waterway. At the same time the EIS investigated the pollution from the Menebeek. After an intense investigation the EIS discovered that the pollution occurred every time the level-operated pumping engine of a district storm water balancing tank began to operate. The sewerage mains from connected urban

Illegal discharges caused foaming in the watercourse.

areas flow into the water balancing tank, as do waters from the Grijpen industrial estate. The long time the wastewater spent in the tank created a lack of oxygen, and this dissipated a stench. Not too far from the storm water balancing tank was an Aquafin-collector near the municipal wastewater treatment plant in Tienen. It was only logical that the series of connections between the pump engine and collector would have been laid at the same time as the sewer on the industrial estate. The city services overlooked the connection project, and since it is still in the planning stage, the problems may drag on for several months, or even years. Late in October the EIS received another complaint from the anglers’ club, this time about a massive scale of fish mortality. The EIS took samples from which it transpired that it may have been a discharge of liquid manure that caused the fish to die. The polluter could not be caught red-handed. The Provincial Fishery Commission noted that fish stocks expanded as a consequence of that illegal discharge. The fish mortality occurred upstream of Tienen only. The EIS has asked the city council to check the livestock farms in the river basin.

‘The work of an environmental inspector only commences when the inspection is finished’. This is a rather bold, but true assertion. During an inspection, all sorts of observations are made that must always be checked against the prevailing regulations. The assessment of all the information and the further dealing with infringements observed can require much more work than the actual inspection on the site. For acting upon observations the EIS disposes of enforcement tools. After the establishment of an infringement, the EIS draws up an official report and sends it to the Public Prosecutor. At the same time the EIS requires remediation using the proceedings under administrative law. For this the EIS uses a quality manual to ensure the uniform, speedy and correct handling of the case.

Actions under criminal and administrative law Inspections Most inspections which are carried out take place during normal working hours. However, some inspections are carried out in the evening, during the night and at weekends. Of course, environmental pollution is not a “nine-to-five” job. An inspection report is drawn up for each inspection. In many cases, samples must be taken or measurements must be carried out to ensure efficient inspection or to determine the precise level of pollution or infringement. The design and results of the inspection are described in detail in earlier chapters of this report. Another of the tasks assigned to the EIS is to ensure 24-hour on-call services. In each province, at least one environmental inspector is on call to intervene immediately. He or she can be contacted via a semadigit by the Flemish Minister of the Environment, the hierarchical authorities and the legal authorities such as the Public Prosecutors or the examining magistrates and the government’s Coordination and Crisis Centre (CGCCR). During periods of winter smog, the Chief Inspectorate monitors the air quality (NOx en SO2) 24 hours a day and initiates the necessary actions.

The on-call officers have the necessary logistical resources to respond immediately and go to the scene of the incident. To this end, they have a mobile telephone and a service vehicle that carries basic equipment required to take samples or carry out measurements. Below is a summary of the total number of inspections and the number of inspected companies in 2004.

NUMBER OF INSPECTIONS CONDUCTED During office hours In the evening (from 5 p.m. to midnight) At night (from midnight to 8 a.m.) At weekends (Saturday, Sunday and official public holidays) Total Number of companies in which an inspection has been carried out

EVOLUTION OF THE INSPECTIONS CONDUCTED At weekends In the evening

INSPECTIONS CONDUCTED IN 2004

At night During office hours

At weekends

Inspected companies

In the evening

At night

During office hours

Actions under criminal and administrative law • 99

In 2004 the EIS carried out a few more inspections of a few more companies than it did in 2003: about 12,000 inspections of about 5,000 companies. The EIS estimates that there are several tens of thousands of class 1 companies in Flanders. The total number of inspections shows that every year just a small section of Flemish businesses are actually inspected. About a quarter of those are companies that have never been inspected before. The others are usually inspected as part of the progress check on remediation programs resulting from the failings detected in previous years. Indeed it can take some time to remediate an infringement and all of that time has to be monitored. A single business check can involve one or all environmental disciplines: wastewater, air, noise, waste, safety, soil and groundwater, GMO’s … Therefore a single business check does not imply that all the environmental aspects of a company have been inspected. If integrated (multidisciplinary) inspections alone were carried out, the EIS would, given its current resources, manage to inspect just a little over 1,000 or so companies a year. The statistic that a company runs a small risk of being inspected does not rule out the possibility that it might even be inspected several times a year, in the event of an odour complaint, for example, or a new license, for a wastewater sample or a measurement of air emissions, and progress checks on an ongoing remediation program. Aspects such as environmental impact, complaints, new licenses, preventive inspection campaigns, sampling, progress checks and remediation play an important role in this. The carrying out of several inspections at a number of companies on an annual basis enlarges the group of non-inspected companies. It is therefore perfectly conceivable that a company is not selected for inspection within a period of ten years, due, for example, to a lower environmental impact assessment, or an absence of complaints, samples and progress checks. The many class 1 companies that the EIS has not yet inspected in its 13 years of existence are examples of this. The fact that there are no concrete, reliable figures to substantiate the above is every bit as irksome. To the great displeasure of the EIS, in the year 2004, the Flemish government does not yet have a serviceable environment database at its disposal, and so the precise number is still unknown.

Official reports An initial official report is filed following the discovery of an infringement of the environmental health legislation and this is sent to the Public Prosecutor. Several infringements can be reported in one official report. On the one hand a distinction is made between the environmental licence decree and other legislation, and on the other hand, within the environmental licence decree a distinction is made between an infringement as a result of the non-possession of a (complete) licence and non-compliance with the conditions applicable to an establishment. The sum of the last three rows is therefore greater than the figure in the first row.

Since the priorities note on environmental law prosecution policy in the Flanders Region of the 30th of May 2000 was approved by the Prosecution Policy Commission (henceforward the priorities note), and the code of good practice for the official report was amended on the 11th of December 2000 and came into effect on the 1st of January 2001, the EIS has been able to quote in an official report the priority character of an infringement in accordance with the criteria given in the priorities note. The priorities note states, among other things, that if the administration writes an official report for priority offences, it must expressly state their priority character for the benefit of the public prosecutor, and indicate why it deems the inspection in question and any ensuing criminal prosecution to be a priority. Indicating a criminal violation as a priority implies acting in the most efficacious manner, under the criminal or administrative law.

INITIAL OFFICIAL REPORTS Total Prioritized reports Non-prioritized reports No (full) licence Non-compliance with the conditions Other legislation (Waste Decree, Soil Remediation Decree, Fertilizer Decree …)

The graph above compares over the last six years all infringements that led to the writing of an official report over the last six years. It shows that the percentage of official reports written due to the lack of an environmental license has fallen compared with the percentage written for a failure to satisfy the license conditions. This shows that businesses are increasingly complying with the licensing duty, but do not necessarily satisfy all the environmental license conditions.

100 • Environmental Enforcement Report 2004 of the Environment Inspection Section

trative proceedings such as the stipulation of compulsory measures: the ordering of the discontinuation of an activity, the sealing of appliances and the enforcing of the immediate closure of the establishment. This assessment can also lead to proposals of administrative sanctions to the licensing authority. The EIS can request the changing or supplementing of the licence conditions, or the suspension or withdrawal of a licence. Within the framework of the fertilizer decree, a procedure can be started for the imposing of an administrative penalty.

EVOLUTION OFFICIAL REPORTS 100

0 1999 No licence

2000

2001

2002

Non-compliance with the conditions

2003

2004 Other legislation

In addition to the initial official reports a lot of successive official reports are written. They are used to give the public prosecutor further details on an initial official report. This can be done on the inspector’s own initiative or as the result of marginal notes from the public prosecutor. In this way details can be provided on the EIS’s administrative progress check, a statement can be given by the person criminally responsible for the company, or it can be reported that circumstances have again been observed. If after an exhortation from the EIS a company satisfies all the provisions, this is also reported. For every original official report two successive official reports are sent on average.

Types of measures Recommendations and exhortations During an inspection the EIS can make observations that at that time do not comprise an infringement, but that indicate that an infringement can originate in the future, for example, because a transitional period for the coming into force of new or adapted legislation is approaching, or because the environmental inspector thinks that a failure of installations could originate. In this case no official report is drawn up, but a recommendation can be sent to the operator to ensure that the current situation of conformity with legislation also remains in the future. With the establishment of non-conformities with current legislation, an exhortation is normally sent to the operator to rectify the situation and bring him into order with all applicable provisions in laws, decrees, orders and licences.

SUBSEQUENT OFFICIAL REPORTS Total

RECOMMENDATIONS AND EXHORTATIONS Without official report Remediated

The offices of the Public Prosecutor receive much information from the EIS: there are other contacts in addition to about 1,800 original and successive official reports. The results from this information flow are described in the last part of this section.

Taking measures Taking measures within the framework of the proceedings under administrative law of an observed infringement is the most important activity of an environmental inspector. These proceedings under administrative law normally start with the issuing of exhortations. The exhortations given have the purpose of rectifying the observed shortcomings, and must result in the actual remediation of them. If the exhortations do not lead to the intended result, the EIS must assess what following steps can be taken. This assessment must take place in view of the specific case, and the efficient and effective as possible elimination of the infringement. This assessment can lead to the application of adminis-

Upon an official report Remediated

In many cases an exhortation will suffice to ensure that the necessary remedial steps are taken. Since attention heightened in 2004 in relation to process checks on ongoing exhortations from previous years, the number of remediations in 2004 exceeded the number of exhortations not accompanied by an official report. We should also state that a remediation is only counted when all the exhortations have led to the desired result. The graph below shows the remediations alongside the recommendations and exhortations for the last six years. In both there is a differentiation between those accompanied and those not accompanied by an official report. The number of exhortations after an official report, and the associated remediations, fell in 2004 against previous years. The number of recommendations and exhortations without an official report rose again in 2004 against previous years.

Actions under criminal and administrative law • 101

EVOLUTION OF RECOMMENDATIONS, EXHORTATIONS AND REMEDIATIONS

charge into sewers, surface water or on public roads) and article 17 (phasing-out regulation for fertilizer on cultivated land) administrative fines of up to 2,500 euro can be imposed. The size of the fine is determined by the EIS departmental head and the VLM Mestbank.

2000

1500

100

500

ADMINISTRATIVE FINES 0 1999

2000

2001

2002

2003

2004

Number of hearings Number of fines

Recommendations and exhortations without an official report

Remediation without an official report

Exhortations upon an official report

Remediation upon an official report

Total amount of fines (euros)

Requests that the burgomaster take action Along with the EIS environmental inspectors the burgomasters have been given an important role to play in enforcing environmental law. They play a key role, for instance, in imposing mandatory measures, and can do so for class 1 establishments: if a class 1 business is being operated without or partially without a license the EIS can request that the burgomaster order the activities to stop, shut down the machinery or close down the establishment. The EIS regularly sends recommendations and proposals for burgomasters to impose mandatory measures. REQUEST THAT THE BURGOMASTER TAKE ACTION Requests put to burgomaster Action by burgomaster or remediation by operator Dossiers outstanding

EIS mandatory measures When the EIS proposes to a burgomaster that he should order the cessation of an activity, seal appliances or close the installation, and the burgomaster fails to act or does so ineffectively, the EIS is able to take action itself. Also when an installation is operated in a manner contrary to the conditions of the licence and the operator refuses to act on exhortations issued, then the EIS can impose mandatory measures. Administrative sanctions If the operator or licensee does not comply with the provisions of the decree and its implementing orders or with the licence conditions, the competent authority can wholly or partially suspend or withdraw the licence. This can be carried out at the proposal of a environmental inspector from the EIS. He can also propose that changes be made to the licence conditions. Fertilizer decree administrative fines According to article 37 of the decree of 23 January 1991 concerning the protection of the environment against pollution by fertilizers, in the case of an infringement of article 16 (spreading of fertilizer other than on cultivated land, dis-

102 â€˘ Environmental Enforcement Report 2004 of the Environment Inspection Section

Overview of the EIS mandatory measures and administrative sanctions proposed by the EIS EIS mandatory measures (progress check of 2003) BUSINESS ACTIVITY

DATE

Concrete maker Heliport Fibreboard manufacturer Farm

DESCRIPTION OF MANDATORY MEASURE

SITUATION AT END OF 2004

Stop of activities

Mandatory measure implementation date deferred by court

Stop of activities

Minister confirms mandatory measure in January 2005

Stop of OSB dept. activities

Remediation carried out in line with special conditions of ministerial decree

Compliance with number of licensed pigs

No appeal decision given as yet

Petrol station

Stop of activities

Remediated

Petrol station

Stop of activities

Activities stopped

Petrol station

Stop of activities

Remediation almost complete

Petrol station

Stop of activities

Activities stopped

Petrol station

Stop of activities

Activities stopped

Petrol station

Stop of activities

Activities stopped

Petrol station

Stop of activities

Remediated

Petrol station

Stop of activities

Remediated

Petrol station

Stop of activities

Remediated

Petrol station

Stop of activities

Remediated

Petrol station

Stop of activities

Activities stopped

Petrol station

Stop of activities

Minister confirms mandatory measure filler nozzles sealed

Petrol station

Stop of activities

Remediated

Petrol station

Stop of activities

Remediated

Petrol station

Stop of activities

Activities stopped

Petrol station

Stop of activities

Remediated

Petrol station

Stop of activities

Remediated

Petrol station

Stop of activities

Remediation in progress

Petrol station

Stop of activities

Remediated

Petrol station

Stop of activities

Activities stopped

Stables no longer used for fattening pigs

New environmental license obtained

Stop of activities

Remediated

DESCRIPTION OF MANDATORY MEASURE

SITUATION AT END OF 2004

Petrol station

Stop of activities

Activities stopped

Petrol station

Stop of activities

Activities stopped

Petrol station

Stop of activities

Remediated

Petrol station

Removal of pumps

Activities stopped

Stop of activities

Implementation date of mandatory measure not yet expired

Petrol station

Stop of activities

Activities not yet stopped

Petrol station

Stop of activities

Remediated

Stop of supply of hazardous substances

Appeal against mandatory measure pending with minister

Paint manufacturer

Stop of activities at a section of the establishment

New environmental license obtained

Timber yard

Supply of timber waste stopped and non-licensedd storage of timer waste remove

No more supply of timber waste stores of timber waste being taken away

Stop of storage, sorting and handling of certain wastes

Implementation date of mandatory measure not yet expired

Petrol station

Stop of activities

Implementation date of mandatory

Petrol station

Stop of activities

Farm Container company

EIS mandatory measures (new in 2004) BUSINESS ACTIVITY

Transport company

Storage of hazardouss substance

Pig farmer making own feed

DATE

measure not yet expired Activities stopped

Actions under criminal and administrative law â€˘ 103

Proposals to suspend or withdraw the environmental license (progress check of 2003) BUSINESS ACTIVITY

DATE

DESCRIPTION OF PROPOSAL

SITUATION AT END OF 2004

Proposal to minister to withdraw the environment license

Environmental license withdrawn on 18/1/05

Fuel storage

Proposal to Provincial Council toe suspend the environment licens

No judgement as yet

Building and demolition waste

Proposal to Provincial Council toe withdraw the environment licens

No judgement as yet

Meat processing

Proposal to Provincial Council toe suspend the environment licens

No judgement as yet

Waste processing

Proposal to burgomaster and aldermen toe suspend the environment licen

Operation closed down

Brick makers

Proposal to Provincial Council to fullyse suspend the environmental license Proposal to Provincial Council to fully suspend the environmental license renewed

Minister does not allow request for departure.

Petrol station

Proposal to Provincial Council toe withdraw the environment licens

No judgement as yet

Concrete maker

Proposal to Provincial Council tose suspend the environment license

Provincial Council does not suspend environmental license

Proposal to minister to suspend the environment license

No judgement as yet

Anodising of aluminium

Abattoir Scrap dealer

EIS requested to advise Provincial Council on

Environmental license partially suspende

suspension of environmental license (storage of wrecked cars)

(storage of wrecked cars limited)

Proposal to Provincial Council to partiallyn) suspend the environmental license (oven)

New environmental license obtained

Proposal to Provincial Council to partially suspend the environmental license (discharge)

The Provincial Council has amended environmental license

Plastic processor

Proposal to Provincial Council to suspend the environment license

Environmental license suspended

Textile company

Proposal to Provincial Council to suspend the environment license

Remediated

Proposal to Provincial Council to partially suspend the

Provincial Council die not suspend

environmental license (breaking and sieving installation)

environmental license

Surface treatment of metals

Proposal to Provincial Council to partially suspend the environmental license (large staining plant)

No judgement as yet

Tank cleaning

Proposal to Provincial Council to partially suspend the environmental license (internal cleaning section)

No judgement as yet

Petrol station

Proposal to Provincial Council to withdraw the environment license

Operation closed down

Gas storage

Proposal to Provincial Council to

Decision not to suspend environmental

suspend the environment license

license - extra license conditions imposed

Production of radiators Vegetable processor

Pounding and sieving rubble

Proposals to suspend or withdraw the environmental license (new in 2004) BUSINESS ACTIVITY

DATE

DESCRIPTION OF PROPOSAL

SITUATION AT END OF 2004

Petrol station

Proposal to Provincial Councile to suspend the environment licens

Environmental license suspended

Petrol station

Proposal to Provincial Council to withdraw the environment license

No judgement as yet

Petrol station and fuel trader

Vegetable processor

Anodising of aluminium Waste processor

Proposal to Provincial Council to withdraw the

Environmental license withdrawn

environment license (part petrol station and fuel trade)

activities stopped

Proposal to Provincial Council

Environmental license not suspended. License

to suspend the environment license expired.

New temporary environmental license obtained

Proposal to minister to withdraw the environment license

Environmental license withdrawn on 18/1/05

Proposal to Provincial Council to suspend the environment license

104 â€˘ Environmental Enforcement Report 2004 of the Environment Inspection Section

No judgement as yet

Proposals to change or supplement the environmental license conditions (progress check of 2003) BUSINESS ACTIVITY

DESCRIPTION OF PROPOSAL

SITUATION AT END OF 2004

Airport

DATE

Proposal to minister to supplement the licensing conditions for noise standards

No reaction received as yet

Airport

Proposal to minister to change the licensing

Conditions changed on 30/12/04

conditions for the central test run location

Proposals to change or supplement the licensing conditions (new in 2004) BUSINESS ACTIVITY Farm

DATE

DESCRIPTION OF PROPOSAL

SITUATION AT END OF 2004

Fitting of dust filters + acoustic assessment

Trial license to 24/4/2005

Examples of measures Sealing of a petrol station and a fuel depot In the past the Duties Section of the FGD (Federal Government Department) of Finances had noted that the operator of a petrol station was paying insufficient duties by mixing unfinished refinery product with petrol. In Mid December 2003 the EIS was given the message that these liquid wastes, which originated from Poland, were being stored illegally in a fuel depot in Kempen, Antwerp. The wastes were being sold as fuel after being mixed with petrol.

However, in December 2004 the petrol station was still being operated. And so the burgomaster, in consultation with the EIS, imposed a mandatory measure. The burgomaster decided that all activities were to be stopped immediately. In the end, in mid January 2005, the filler nozzles on the pumps and the storage tanks were sealed off. In the meantime the operator has also been summoned to appear before the district court in Turnhout.

An investigation revealed that it was a carcinogenic, flammable liquid that was being stored without an environmental license in an above ground tank, and that it did not, moreover, meet the Vlarem II operating conditions. The EIS wrote up an official report and exhorted the operator to dispose of the product in accordance with the regulations. The operator refused to do so. Therefore the product was officially transported to a processing plant at the expense of the district council. Both the EIS and the district council then applied to the Provincial Council to withdraw all the environmental licenses held by the company. In April 2004 the Provincial Council implemented this request. The operator made an appeal to the minister but the latter confirmed, in August 2004, the decision of the Provincial Council. Since the firm was immediately declared bankrupt, the receiver filed an urgent request with the Council of State to suspend the ministerial decision. In early October 2004 the Council of State rejected this application for a suspension. The illegal storage of a liquid waste in a tank above the ground.

In November 2004 the Local Police noted that despite the withdrawal of all environmental licenses, the fuel depot petrol station was still being operated. It appeared that the bankrupt companyâ€™s receiver was renting the establishment to the same operator, who had set up another company in the meantime, and did not have any kind of environmental license for this. The EIS asked the burgomaster to stop the activity. The burgomaster gave that order at the end of November.

Actions under criminal and administrative law â€˘ 105

Later it transpired that the business manager had set fire to the waste stored there himself.

Exhortations lead to remediation In 2002 VMM informed the EIS that sewage water had been supplied to a municipal wastewater treatment plant on several occasions with heavy contamination loads. At the request of Aquafin VMM took a series of samples, which indicated that the contamination originated from a mayonnaise and sauce manufacturer. On 6 May 2002 the EIS carried out its first inspection of the company. Since it did not have the required measurement infrastructure it was impossible to take a representative sample of the industrial wastewater being discharged. The EIS drew up an official report and ordered the operator to place the necessary measurement infrastructure by the 1st of October 2002. The operator fitted this measurement infrastructure. In 2003 the EIS took several samples of the industrial wastewater. Exceedances of the acidity standards and biochemical and chemical deoxidisation of the wastewater led to the writing of an official report. In that period the companyâ€™s management decided to fit a wastewater treatment facility. This facility consisted of a buffer tank, a coarse filter reactor with polymer dosage system, an aerated flotation, neutralisation and sludge-draining unit. Since the end of 2003 the company has been treating its own wastewater in this installation. As a result of necessary alterations to the wastewater pipe mains, the existing measurement infrastructure had become unusable. Therefore the EIS exhorted the company to fit a

new one. The standard discharge parameters have been respected since then, with the exception of one. The EIS observed that the phosphor content in the industrial wastewater was exceeding the basic environmental quality target for surface water and that the license did not permit the discharge of heightened concentrations of phosphor. The EIS exhorted the company a third time to reduce the quantity of phosphor in the industrial wastewater. Since then the problems at the municipal wastewater treatment plant have been alleviated. Malpractices lead to fire Since the set up in 1999 of a road and demolition contractor in West Flanders, the EIS had received complaints from local residents about failures to observe the Vlarem II conditions. The EIS identified the failings and listed them in an official report. To optimise its operations the company applied for an urban development permit. However, the burgomaster and aldermen refused to issue this permit. A few months later the firm went bankrupt. A new company was created, but in practice it was merely a change of name. The new company employed the same personnel and the person criminally responsible for company was still the same person. Over this period the EIS wrote up several successive official reports. As the business manager took no further measures to meet the Vlarem regulations, and the complaints were still coming in, and the business manager showed no signs of altering any-

106 â€˘ Environmental Enforcement Report 2004 of the Environment Inspection Section

thing, the EIS wrote up a new official report. The EIS also informed OVAM of the local activities so that the correct waste duties could be calculated. Since the situation did not improve in the slightest and the business manager did not want to cooperate, the EIS asked the burgomaster to close down the unlicensed establishment. Shortly after this there was a fire in the heaps of stored waste. The acting public prosecutor called the EIS on the hotline to make observations at the site and advise the fire brigade about the type of waste stored there. Since there were huge amounts of smoke and a danger that the fire might spread to adjacent buildings, the fire brigade decided to allow the fire to burn out in a controlled fashion. After the fire, the burgomaster sealed off all access to the company. It later transpired that the business manager had started the fire himself.

point in time, given the summary proceedings pending. The burgomaster decided to exercise his powers. In mid December 2004, in the presence of the burgomaster, the EIS noted that the supply depot was still being operated. The burgomaster gave the order that the establishment be closed down and the seals affixed. On the recommendation of the EIS the filling nozzles on the two fuel containers were sealed. A week later the hoses were also sealed off. The burgomaster later noted that vehicles were being filled directly from a tanker. He drew up successive official reports and urged the public prosecutor to handle the matter with extreme urgency. In February 2005 the district court heard the districtâ€™s summary case against the operator.

Sealing off of a Supply Depot In 1997 the Provincial Council refused to issue an environmental license for a supply depot for heavy goods vehicles in a small district in Limburg. The operator appealed against this decision, and, at appeal the minister issued the requested environmental license. However, in 2001, the district refused to issue an urban development permit for the supply depot and so the environmental license was suspended. The EIS noted that the supply depot was still being operated, drew up an official report and asked the burgomaster to take action. The district, pursuant to the act of the 12th of January 1993 on the right to initiate action to protect the environment, pressed for a cessation of activities in summary court proceedings. The demand that the activities be ceased was at first refused: the judge stated in his decision that the lack of a license was insufficient grounds to apply the right of action, and that any harmful impact on the environment would have to be adequately proven. The district decided to pursue action with a substantiated and reasoned defence. In early November 2004 the EIS noted that the fuel distribution installations at the supply depot had been sealed off by customs and excise. They had sealed off the two pumps and containers on the basis of fraudulent use of mineral oil. On the same day customs seized the pumps and the content of the containers, and set a figure by way of surety, which was quickly paid by the operator to release the pumps. A few days later the EIS noted that the company was operating again. In the meantime the operator had applied to the district council for a new urban development permit, which it again refused. The operator also applied for a new environmental license for a supply depot for heavy goods vehicles and accessories. Late in November 2004 the Provincial Council refused to issue the environmental license, after which the EIS arranged a meeting with a number of representatives from the district council. The point for discussion was whether or not an official closure would be opportune at that

The burgomaster ordered the business to be shut down and the filler nozzles of the tanks to be sealed.

Actions under criminal and administrative law â€˘ 107

DECISIONS BY THE PUBLIC PROSECUTOR'S OFFICES Prioritized official reports

All official reports

Conviction

Discharge

Settlement

Dismissed

Criminal prosecution Although the EIS has been asking de public prosecutors for years for accurate feedback on its decisions on official reports, the EIS does not yet receive enough information on the consequences of its official reports. This is partly due to the fact that a decision on an official report can sometimes be taken years after an infringement was observed. This is why the EIS continues to press for effective criminal proceedings and a smooth flow of information from the public prosecutors. The table below shows the information coming in to the EIS. For the second time separate details are given on the priority official reports, which have been written since early 2001. At first sight these data offer little in the way of hope, but it is still worth drawing conclusions from the scant information about whether or not criminal prosecutions are more effective when processing priority infringements. We won’t get a more accurate picture until sufficient priority official reports have

been drawn up and sufficient time has elapsed for their criminal prosecution. The graph below compares the number of initial official reports against the decisions received by the EIS over a period of six years. It shows that the number of official reports has fallen in the last six years. Since the introduction in 2001 of a distinction between priority and non-priority official reports, the number of priority official reports has risen against the non-priority official reports. The graph shows that the number of decisions in recent years is about half of the number of official reports. Compared with 2003, more acquittals and judgements and fewer dismissals and amicable settlements were reported in 2004. For the sake of completeness we should state that a decision can relate to one or more official reports.

Decisions by the Public Prosecutor’s offices in 2004 (a: prioritized reports, b: other official reports) OFFICE

DISMISSED

SETTLEMENT

Antwerp Bruges Brussels Dendermonde Ghent Hasselt Ieper Kortrijk Leuven Mechelen Oudenaarde Tongeren Turnhout Veurne Total Total

108 • Environmental Enforcement Report 2004 of the Environment Inspection Section

DISCHARGE

CONVICTION

EVOLUTION OF THE OFFICIAL REPORTS AND THEIR CRIMINAL FOLLOW-UP 900

600

300

1999

2000

2001

2002

2003

2004

Prioritized official reports

Dismissed

Discharge

Non-prioritized official reports

Dismissed

Conviction

The odour pollution from this chicken coup led to a District Court sentence.

Conviction of a poultry breeder In a rural district to the south of Ghent a complainant has been complaining bitterly against a poultry breeder for five about five years. The situation between the company and complainant had degenerated so much that all their communi-

cation went via solicitors at daggers drawn. The police services and the EIS had been called in several times to assess the odour pollution at the site. Normally, the odour nuisance around businesses of this type is largely determined by objective data such as temperature, wind direction, humidity of the litter and age of the chicks. When complaints are made about odour, subjective aspects can play a role, and these cannot be underestimated. Several the EIS inspectors made observations in the environs and their observations ranged from ‘no odour nuisance’ to ‘intense odour nuisance’. The last observation resulted in an official report in 2003 and an exhortation to set up a remediation plan. In the meantime the complainant started legal proceedings against the poultry breeder. He employed every resource at his disposal, such as expert reports and official reports by the government authorities. On the 11th of May 2004 the district court passed a judgement that hit the company - and the whole of the small livestock industry - like a bomb. The company was banned from operating as long as it had not taken sufficient measures to prevent damage and nuisance - and prison sentences, substantial fines, compensation and penalties were imposed. The company lodged an appeal. The judgement did, however, make the operator see the seriousness of the situation. He began effectively to work on the remediation plan imposed by the EIS. Greater clarity was brought into the licensing situation. The complainant had filed a request with the Provincial Council to alter the licensing conditions by imposing a bio-filter or 25-metre chimney. After careful consideration and having consulted new expert

reports the licensing authority decided, in a new licensing decision of December 2004, to include more realistic special conditions in the license. Without doubt, this dossier requires further monitoring in the future.

Open government In the last decades both citizens and the business world have indisputably become more articulate and desire to be better informed. The Flemish administration wishes to meet this demand on a broad scale. The Decree of the 26th of March 2004 on the public nature of government administration states that every administrative authority is required to divulge administrative documents to anyone requesting to see them (with a few exceptions, such as an official report of an infringement) by giving access, providing an explanation, or providing or lending a copy. Requests to make public must be submitted in writing to the administrative authority which possesses the documents. Government documents dealing with environmental information are subject to these rules. In the course of the 2004 working year the EIS received six written requests to divulge administrative documents in environment dossiers. All of these requests were granted. Also, in the context of the law on government contracts, the principal is required to divulge certain information. In 2004 the EIS received six requests to see the reasons behind the decision to grant a government contract. The EIS granted all of these requests.

Actions under criminal and administrative law • 109

The EIS works together with various authorities to ensure the optimal enforcement of environmental health legislation. What follows is a description of some specific subjects, with the emphasis on co-operation that has a direct impact on the sharing of inspection tasks between the EIS and other authorities, and on the proceedings under criminal law for infringements observed. The EIS also regularly receives requests to participate in the most diverse consultative structures. It can take part in such consultations only if a number of conditions are met. For instance, it must naturally be guaranteed that the independence of the EIS’s supervision and enforcement is preserved. In addition, the expertise of the EIS can only be used if it really contributes to the improvement of the environment in general, and to enforcement in particular. A description of all the consultative structures would be out of place here, so we shall describe only some specific consultative bodies. An overview of the extensive network of the EIS representatives in the various organisations is enclosed with this document.

Cooperation and consultation Cooperation with other Vlarem inspectors Municipal Vlarem inspectors The Flemish legislator has conferred first line supervision of the environmental law for class 2 and 3 establishments on the municipal councils. Each local authority must appoint agents of the local police and/or technical inspectors from the local authority who must first obtain a certificate of competence for this. This certificate of competence is issued to them after the following of the special ‘Vlarem training’ and the passing of the associated competence test. There are a lot of things going wrong in the appointment of Vlarem environmental inspectors. Although the districts have had the power of supervision for class 2 and 3 establishments for more than 10 years, lots of districts have still not appointed a Vlarem environmental inspector. According to the data supplied by Aminabel, in the year 2004 almost one fourth (23%) of the Flemish municipalities have (still not) appointed a Vlarem inspector. After a slight improvement in recent years (29% in 2001, 27% in 2002 and 24% in 2003) that number appears to be stagnating. The spread of 72 districts without a Vlarem environmental inspector over the provinces is given in the figure on the following page. There seems to be a huge difference between provinces: whereas in Limburg a Vlarem environmental inspector has been appointed for almost all districts, there are still a lot of ‘gaps’ in the provinces of Antwerp, Flemish Brabant and West Flanders. In addition, experience shows that even when an inspector has been appointed, this is no guarantee of effective municipal enforcement. These inspectors are indeed also responsible

regarding licence applications and various other tasks. The acting of these inspectors often depends on their personal commitment and the local political situation regarding environmental enforcement. Local enforcement also depends on the size of the municipality and the number of personnel in the municipal environmental service. Nevertheless, it is of the greatest importance that supervision of category 2 and 3 establishments is provided effectively by the Vlarem environmental inspectors appointed for this task by the local authority. The EIS has regular contact with these inspectors to this end. There is indeed usually a good understanding between these local enforcers and the EIS, and the EIS offers the necessary support as requested with the handling of problem cases. Municipal competence is often discussed with municipal enforcers and the burgomasters. This should allow the EIS to have to devote less time to ‘high supervision’ of category 2 and 3 establishments so that it can pay full attention to category 1 establishments. The EIS sends complaints about class 2 and 3 establishments and non-classified establishments to the districts systematically. It supervises from the next tier up by carrying out administrative progress checks of how these complaints have been processed. Ensuring that the process runs smoothly often necessitates contact with the district environmental inspectors. You can read more about this in the section on complaints processing.

Cooperation and consultation • 111

Besides the Vlarem environmental inspectors, the burgomasters have also been given an important role with the enforcement of environmental health legislation. This includes a key role in the imposing of compulsory measures, also for category 1 establishments. The EIS regularly provides advice and suggestions to burgomasters for the applying of compulsory measures. The impression exists that burgomasters act a little more often than previously to proposals from the EIS, although it is still by no means the general rule.

Dry cleaning Project: EIS takes its experience of enforcement to the municipalities With a project entitled ‘Taking enforcement to the local authorities: inspection of companies in the dry cleaning sector’, the EIS organised its first major collaboration between the regional and local supervisory authorities. The idea was to get the environmental inspectors of the districts and cities to inspect as many dry cleaning firms as possible, with the EIS’s support. With this the EIS implemented part of the ‘Enforcement’ project 40 under MINA plan 3. At the start of the project the interested municipalities were invited to a talk on the legislation, the activities of the dry cleaning companies, and the most significant environmental aspects. In addition, the EIS, along with a number of trial municipalities, drew up a checklist for use in the inspections, and an in-depth explanatory document.

LOCAL COMMUNITIES WITH AND WITHOUT VLAREM ENVIRONMENTAL INSPECTORS (YEAR-END 2004) 100

Of all the Flemish cities and municipalities, 308 in total, there were 104 that did not respond to the invitation. Of the interested cities and municipalities, 1 in 4 was unable to participate because they did not have their own Vlarem environmental inspector. We were told that there were no dry cleaning businesses in half of the remaining municipalities. This left us with 85 districts and cities that had promised to participate in the project.

0 Antwerp

Local communities with

Limburg

East Flanders

Flemish Brabant

West Flanders

The inspections were carried out in the months of October to December 2003. The completed checklists arrived at the EIS in the course of 2004. For reasons unknown at the present

Local communities without

List of municipalities without a Vlarem inspector (end 2004) ANTWERP

LIMBURG

EAST FLANDERS

FLEMISH BRABANT

WEST FLANDERS

Arendonk Beerse

Bree Heers

Assenede Herzele

Affligem Beersel

Alveringem Ardooie

Boechout Brasschaat Grobbendonk Herenthout Hoogstraten

Herstappe Voeren

Horebeke Knesselare Lede Melle Merelbeke

Bekkevoort Bertem Bever Boortmeerbeek Diest

Bredene Deerlijk Dentergem Heuvelland Houthulst

Oosterzele Sint-Laureins Zomergem Zwalm

Drogenbos Herne Hoeilaart Kapelle-op-den-Bos Kortenberg Kraainem Linkebeek Oud-Heverlee Pepingen Rotselaar

Jabbeke Langemark-Poelkapelle Lo-Reninge Mesen Meulebeke Pittem Ruiselede Spiere-Helkijn Zonnebeke Zuienkerke

Hove Kontich Lint Meerhout Merksplas Nijlen Oud-Turnhout Ravels Retie Sint-Amands Vorselaar Vosselaar Wijnegem

112 • Environmental Enforcement Report 2004 of the Environment Inspection Section

Scherpenheuvel-Zichem Tremelo Wezembeek-Oppem

time the EIS has not received, by the end of 2004, any checklists or news of the project from some municipalities. In the 47 districts that did take part, inspections were made of a total of 86 dry cleaning businesses, i.e. about 20% of the total number in the Flanders Region. Although serious failings were noted at several dry cleaning businesses, such as lack of a licence or registration, failure to satisfy the emission measurement duty, and failure to meet the conditions for storage hazardous substances, the local environmental inspectors did not write up a single official report. The EIS wrote to those municipalities that had promised to participate but had ended up dropping out, asking them to give the reasons for this and to return any remaining checklists. Municipalities in which inspections were carried out were approached to report the effect of any measures taken. With these letters the EIS enclosed an evaluation document with the results and provisional conclusions of the project.

Cooperation with the Natural Resources and Energy Section The quarry and mining sector is supervised by the environmental inspectors of the Natural Resources and Energy Section (ANRE) and the environmental inspectors of the EIS. The officials from the EIS are in this context entrusted with the task of following up compliance with the technical licensing and environmental health provisions, while the inspectors from the Natural Resources and Energy Section monitor compliance with the provisions on the risk of ground shifting and/or collapse. Since the 7th of July 1997 both parties have arranged and organised supervision of the quarry and mining sector between them under a cooperation agreement. Controls of quarry filling soil To highlight and control the issue of filling soil a planned and coordinated inspection campaign was needed in this sector in 2003. The benefits of filling quarries and mines with contaminated soil are huge.

47 municipalities inspected 86 dry cleaning businesses (photo: rear of a dry cleaning machine).

The EIS takes regular samples of the filling soil.

As a result of the decision of the Flemish Government of the 31st of May 2002, heading 60 ‘filling with non-contaminated excavated soil’ was added to the Vlarem I classification list and sectoral conditions were included in Vlarem II. As a result, the complete or partial filling of quarries and mines with noncontaminated excavated soil and non-contaminated dredging sludge and demolition rubble was subject to license and required to satisfy the new sectoral Vlarem II conditions. The most important new conditions are: giving the name of the party authorised to transport and accept the filling soil, the keeping of a register, the writing of a technical report (with analyses of the excavated soil or dredging sludge and demolition rubble) and the writing of a ground management report. In 2003 the EIS inspected all quarries in the provinces of Antwerp and Flemish Brabant and half of the quarries in West Flanders. In 2004 the EIS continued this inspection campaign. In this the EIS placed the accent on a progress check of the remediation measures imposed in 2003. Additionally the EIS inspected all other quarries in Flanders (all quarries in the provinces of Limburg and East Flanders and the remaining quarries in West Flanders).

During this inspection campaign the EIS checked: - the quarries at which filling operations are in progress; - whether the operator of the quarry at which filling operations are in progress is in possession of the necessary environment license; - whether the filling soil meets the required standard (via sampling and analysis); - whether the sectoral Vlarem II conditions are satisfied. The table below gives an overview of the results of these inspections. The data show that 39 (39%) of the 100 quarries inspected were being filled. Of the 39 quarries being filled, 3 (7,7%) did not have the necessary environment license. In respect of these three quarries the EIS asked the burgomaster to stop the non-licensed activities. By the end of 2004 the burgomasters in question had granted two of the three requests to stop the activities. Of the 80 soil samples taken by the EIS, 24 (30%) did not meet the standards imposed. Other failures related to the illegal dumping of waste, the lack of a register, technical report or ground management report, and omitting to tell the supervisory authority the name of the person authorised to transport and accept the filling soil.

RESULTS OF FILLING SOIL QUARRY INSPECTIONS IN 2004

Quarries inspected Quarries being filled Samples of filling soil taken Samples that did not meet the standards Filling operations without environment license Official reports Exhortations Requests that the burgomaster stop the filling Requests granted by burgomaster (before end of 2004)

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TOTAL

Therefore, during this inspection campaign, the EIS detected a great deal of failings. In respect of the 39 quarries being filled the EIS wrote a total of 7 official reports, issued 11 exhortations and made 3 requests to stop activities. 30 % of the filling soils sampled did not satisfy the conditions of noncontamination. These figures speak for themselves. In 2005 the EIS continues to monitor the (remediation) measures imposed.

Cooperation with the Preventive and Social Health Services Article 58 of Vlarem I mentions that the officials of the Preventive and Social Health Service (PSHS or, in short, Health Inspectorate), appointed by the Flemish Minister competent in matters of health, supervise the category 1 and category 2 plants for which the PSHS is also competent and plays an advisory role in the licensing procedure (section G of Annex 1 of Vlarem I). In this matter, the EIS personnel are in charge of the supervision of the compliance with the regulations in matters of technical licence and environmental hygiene, and the PSHS personnel for the compliance with the regulations in matters of health. A number of these regulations complement one another perfectly, some however are overlapping or simply redundant.

The illegal dumping of waste in a quarry is no exception.

The different perspectives, and the knowledge and experience available at both sections should constitute a valuable contribution to enforcement as a whole. To put this into practice we have long been negotiating a cooperation agreement with APSG, analogous with the ANRE / EIS agreement. The EIS considers the following key points: - the will of the legislator in the exercise of the supervisory competence must be respected in an unabridged way, and adapted to the pursuit of an efficient and effective co-operation, to reach an optimal enforcement of the regulations. - the assignment and the objective for PSHS is to fully take up its supervisory competence for the sections G of Vlarem, particularly concerning health matters; - for the sections G of Vlarem, the sectoral conditions must be listed as quickly as possible, concerning both environmental hygiene and health matters. Dubious cases will be assigned to either category after discussion with both parties; - both parties agree to draw up this list in the first instance for the headings public baths and water recreation, hospitals and limited use of GMOâ€™s and pathogenic organisms;

- the available personnel resources from both sections are limited, so an optimal use of these resources is required from both of them - good understanding and good co-operation are necessary to transmit the complaints depending on the respective competences, feedback regarding relevant conclusions, infringements, imposed measures and remediation; - mutual consultation will be necessary on the level of section management at regular intervals.

Cooperation and consultation â€˘ 115

Cooperation with legal authorities Within the framework of the criminal prosecution of reported violations, consultations take place between the EIS and the various legal authorities (general Public Prosecutor’s offices and local Public Prosecutor’s offices). In addition, the EIS helps with the training of the legal interns.

Consultations with the general Public Prosecutor’s offices The EIS is represented within the Prosecution Policy Commission for the environment and environmental planning in Flanders. The purpose of the commission is to foster communication between the administration and the Public Prosecutor’s offices and to draw the outlines of a prosecution policy. The Commission is presided by the Secretary-General of LIN. The ministry of the Flemish Community is widely represented by the cabinets of the Flemish ministers of Environment, Physical and Spatial Planning, Mobility and Employment and Tourism, and by the representatives of Toerisme Vlaanderen, the EIS, the Building Inspectorate section, the Legal Services section, the Europe and Environment section, the Housing Inspectorate section and the Road Traffic and Highways administration. For the committee of general Public Prosecutors, there are delegates from the three general Public Prosecutor’s offices of Flanders, namely the Public Prosecutor’s office at the Court of Appeal in Antwerp, the Public Prosecutor’s office at the Court of Appeal in Brussels and the Public Prosecutor’s office at the Court of Appeal in Ghent. The cabinet of the minister of Justice is also represented. In 2004 representatives of the Federal and Local Police were included in the Commission.

which MI drew up priority official reports in the years 2001 and 2002. A representative of the general public prosecutor’s office in Brussels gave a talk on the document and emphasised that the results of the investigation would demonstrate that the priorities note was properly observed. According to him, the situation in which many cases go into preliminary investigation, could for the most part be explained by the option the parties were given to put matters straight within 9 months, after which the situation would be viewed again on site, and the investigation into criminal responsibility was yet to take place. The document itself and the notes point out that public prosecutors are awaiting the results of the administrative proceedings initiated by the EIS (exhortations, mandatory measures, administrative sanctions) before themselves initiating criminal proceedings.

Consultations at the level of the legal districts The contacts with the legal districts took place at the level of the local services. The aim is to achieve more efficient followup of the official reports through consultation and communication. In most cases, communication is only possible on actual files. In some cases, the EIS is asked for technical assessment. The content of that consultation varies from local service to local service and from legal district to legal district. The local service can also contact the public prosecutor to consult over specific dossiers. Consultations with two of the 14 public prosecutors are run along well-structured lines. In these cases the consultations extend to specific dossiers and to a means of structured cooperation.

Legal interns The Commission met in 2004 on the 8th of March and the 22nd of June. At the meeting of the 8th of March the initial results from the mixed official reports working group were explained. The meeting consented to a request by the general public prosecutor’s office to design and use a uniform cover page on the official reports of the reporting authorities. As regards the Environment sector in particular, an explanation was given of OVAM’s evaluation of its official report for the period 2002 - 2004. Where the Environment sector is concerned the meeting of the 22nd of June explained the minutes of the meeting, of the 19th of May 2004, of the technical working group to improve the recognisability of the dossiers given to the public prosecutor by the environment sections of the Flemish Community. The Prosecution Policy Commission also approved the code list of the reporting authorities. At the meeting a public prosecutor’s document of the 22nd of June 2004 was handed to the Brussels court of appeal, in which an overview was given of the progress made in cases for

Since a few years now appointment to the magistrature is possible for lawyers who have less than five years of experience. After at least one year of practical experience, they must then pass a comparative examination and subsequently successfully complete a legal internship. The internship lasts one and a half years for candidates for the post of magistrate of the Public Prosecutor’s office (substitute Public Prosecutor) and three years for candidates for the position of judge. The intern does the work of a magistrate of the Public Prosecutor’s office or judge under the guidance of a co-ordinator. Finally, the interns must acquire experience in the “local services” with a number of departments or institutions of their choice. Generally speaking, the interns opt for prisons, police services or legal services. However, a number of less conventional services, such as the EIS, can be selected by interns. In 2004 too a number of legal trainees opted to have a pat of their training with the EIS. In total the EIS received six legal trainees (four in East Flanders and two in West Flanders). They were first received at the Chief Inspectorate where they

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processing sector. The EIS represents Aminal in both commissions. In 2004 the Commission met just twice, in the autumn. At the last meeting the draft inspection report was explained, as set up by the Food and Veterinary Office in accordance with its mission for the 13th to the 24th of September 2004. During this round of inspections European inspectors checked the extent to which implementation of Ordinance (EC) no. 1774/2002 on the manipulation of animal by-products not intended for human consumption was assured in Belgium and the extent to which the provisions of the ordinance were being adhered to in the field. At the heart of this ordinance lies the safe and definitive removal of animal waste from the food chain. Legal trainees during an inspection of a poultry abattoir.

The meeting also approved an alternative system for financing the processing of animal waste, to be applied for a threeyear period starting on the 1st of January 2005.

were given a general talk on environmental law and the activities and organisation of the EIS, and then at a local service, where they learned about the inspections in the field. During these inspections they came face to face with all kinds of aspects, such as diverse sampling, noise measurements, drafting an official report, monitoring exhortations and mandatory measures. These standard inspection tasks also include checking the licensing situation of a business, and satisfaction of the general, sectoral and special conditions. Naturally, they also look at the subject of complaints processing. The mutual exchange of information and cooperation between the legal trainees and the EIS offers significant added value for both parties.

Animal by-product agreement

The EIS hopes that more and more magistrates will be working at offices of the Public Prosecutor who are familiar with environmental legislation, so that in the future this results in better co-operation and a more suitable and focused policy on prosecution.

Cooperation on Food Chain Safety The Animal Waste Commission The Animal Waste Commission was set up in 1995 with the instruction to provide advice on the subject matter of the decree. Three Flemish and two federal officers sit on the commission, next to a wide representation from the collection and

Since 1986 the European authorities have put in place a number of measures to prevent the spread of mad cow disease. A number of significant measures are compelled by Ordinance (EC) no. 1774/2002 on the manipulation of animal by-products not intended for human consumption. The concept of animal by-products is wide-ranging and, for example, alongside the well-known offal, also contains hides, manure, kitchen waste from airplanes and former foodstuffs of animal origin. Both the regional and federal authorities are competent do deal with the matters in the ordinance. A cooperation agreement between the federal government and the regions was needed to ensure performance of all the European obligations. It clearly describes the responsibilities and tasks of the federal state and the regions. The content of this cooperation agreement is as good as finalised. It is an extension of an earlier agreement on animal waste, which the competent ministers had already signed on the 10th of January 2003. The cooperation agreement will come into effect once all of the parties have signed. The regions must organise a systematic inspection of the entire chain of establishments in question: from the producers of animal waste, its carriers and transporters, to the final processors. The inspection frequencies follow a random program that makes allowances for the production scope of these establishments. Abattoirs must be inspected at least once a year. The traceability of animal waste is a matter deserving of particularly close attention. As a result of the shortage of personnel the EIS was only able to fulfil a part of the tasks conferred on it in 2004 under this agreement (see also item 4.3 under the section entitled â€˜Specific Enforcement Campaignsâ€™).

Cooperation and consultation â€˘ 117

Convention concerning the use of waste material in the food chain The consultations between the regional and federal authorities designed to result in an agreement on waste controls were temporarily suspended in 2002 as a result of ambiguity over the legal consequences of passing on the supervisory authorities’ dossier-related, administrative information to the Federal Police. The purpose of that draft agreement is to organise efficient supervision of waste streams (regional authority) whose processing must never compromise food safety (federal authority). Late in 2003 the FAVV reactivated the consultations for a short time. The draft agreement will probably be finalised in 2005.

Cooperation with VMM (Flemish Environment Agency) In the area of air pollution the EIS has been operating for years with the Measurement Network and Research sections of the VMM. If the VMM measurements of the air quality are directly related to emissions from objectionable establishments, the EIS is involved in determining the measurement locations and evaluating the measurement results. In turn, the EIS calls on VMM to analyse its own samples of environmental air. In early 2003 this was framed in a formal agreement with VMM’s Ghent Laboratory. This is because environmental measurements around objectionable establishments can be a useful instrument in enforcement. Complaints about dust nuisance, for example, are a classic example, caused by non-planned or discontinuous emissions. In these cases immission measurements offer a good alternative to the classic emission measurements to help ascertain whether damage or nuisance is occurring in the environment as the result of emissions. In 2004 the EIS asked VMM to assess the air quality around an aluminium processing company. Six measurement posts were set up to determine the quantity of precipitating dust and deposited heavy metals, dioxins and PCB’s. The measurements were taken in the period from December 2004 to January 2005. The results will be available in the spring of 2005.

in the environment with the existing environmental quality standards for environmental air and therefore to assess the impact of that source. The results of these measurements will also be known in early 2005.

Cooperation with OVAM The supervisory powers of OVAM on the one hand, and the EIS on the other, are largely complementary where the Waste Decree and the Soil Remediation Decree are concerned, but they do overlap in places. For example, OVAM does not have the power to inspect classified establishments. And then again, the EIS does not supervise typical waste stream management issues, such as duty of acceptance, recognition of collectors, reporting of waste flows and duties. OVAM and the EIS do, however, inform each other of observations indicating a suspected infringement of the regulations they each patrol. For a few years now there has been an efficient exchange of information on devices containing PCBs, of which OVAM keeps the official list. The EIS’s environmental inspectors note down the characteristics of any PCB containing device that they encounter on a permanent checklist and fax these data through to OVAM immediately to check whether the operator has reported the device correctly. Depending on OVAM’s response, MI decides whether or not to take action independently. The EIS and OVAM also keep each other informed of their experiences in controlling compliance with the European ordinance on the manipulation of animal by-products not intended for human consumption (see earlier in this report). In the context of the still fairly new regulations on soil excavation OVAM and the EIS regularly consult over interpretation, while respecting each other’s tasks and powers. OVAM has cooperated willingly on two internal workshops - on soil excavation and on the new Vlarea - which MI organised for its environmental inspectors. Furthermore, information is exchanged over illegally used secondary raw materials, the soil and groundwater pollution encountered, illegal disposal of waste and suspected evasion of duties on the disposal or incineration of waste. This information enables OVAM to consider possible criminal and administrative measures within the bounds of its powers.

Measurements were also taken in the vicinity of an electrical power station consisting of several diesel engines and located in the centre of a city. Since the sectoral emission limit values for these establishments are relatively relaxed, meeting the limit values under the circumstances offers no guarantee that no damage or nuisance is occurring in the environment. The immission measurements allow us to compare concentrations

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Seveso inspections are carried out by teams of the EIS environment inspectors and by inspectors from the Chemical Risk Inspection section.

To check the spread of manure and waste incineration the EIS used a helicopter belonging to the Federal Police.

Cooperation with the Chemical Risk Inspection section

Cooperation with the Federal Police

Earlier in this report we indicated that inspections under the cooperation agreement on the prevention of serious accidents (Seveso inspections) were carried out by an inspection team made up of the regional environment inspection section (the EIS in Flanders) and the federal inspection section, which is competent in matters involving employee protection. Coordination within the inspection teams, and general coordination, are assured by the Chemical Risk Inspection section of the FGD for Employment, Labour and Social Consultation.

In early 2004, with the help of a Federal Police helicopter, the EIS checked the (early) spread of manure and the illegal incineration of waste.

On the 18th and 19th of November 2004 the Chemical Risk Inspection section was invited to a seminar for all Seveso inspection services. The EIS sent a large delegation. The objectives were to evaluate the various aspects of the inspection system and exchange information on existing procedures used by the inspection services to put mandatory measures in place. In general the system of inspection was viewed in a positive light. The services made further practical arrangements to improve the cooperation even more. The seminar also dealt with the subjects of international developments, problems of implementation and interpretation, and a few accidents.

It appears from data collected via VMM’s MAP measurement network, that in the IJzerbekken and Leiebekken in particular, the number of exceedances of the nitrate standard are still extremely high, meaning that Flanders is still not able to satisfy the European standard. In addition to excessive manure spreading, the discharge of fertilisers into the environment is still a major source. These discharges are often the result of insufficient manure storage capacity on the farms. By means of an extensive campaign the EIS sought to trace operators who were forced, through a lack of sufficient storage, to spread manure too early. It is forbidden to burn waste in the open air, particularly because large quantities of dioxins can be released during the incineration process. The issue of fire lighting by businesses and private individuals is however well known and widespread. Experience has taught the EIS that making an example of a few companies in an industrial zone serves to raise awareness in the entire zone.

During the consultations in 2003 the services agreed that in the future, in the context of operating a coherent prevention policy, they would develop the tools of inspection by mutual consultation, refine and update them, and include safety aspects for the environment as well as any specific regional obligations. In 2004 a trial project was set up on the storage of gas oil. A working group has developed a cause-and-effect analysis tool, which ascertains whether the operator has taken the technical measures needed to prevent serious accident and limit the effects.

The most efficient way to conduct both of these campaigns was from the air, with support from teams on the ground. This allowed the inspectors to cover a large area with a small number of people. For this reason, we used a helicopter from the Federal Police’s Air Support section.

You can read about the collaborations to set up and implement the Seveso Inspection Programme in chapter 4 ‘Specific Enforcement Campaigns’.

We were also able to survey enclosed areas on industrial estates. This method of observation can be used again in new campaigns.

On the 31st of January and the 7th of February we flew over the most vulnerable areas of Flanders. Despite the bad weather and the fact that the fields were extremely damp, we noted several infringements, and took resolute action.

Cooperation and consultation • 119

To reduce odour pollution caused by the Walloon companies, the EIS collaborated with its Walloon colleagues.

Cooperation with other regions In 2004 the EIS and its colleagues in the other regions met for the first time to tackle cross-boundary odour problems. Residents of Brussels had regularly complained to the inspectors of the Brussels Instituut voor Milieubeheer (BIM) [Brussels Environmental Management Institute] about odour pollution originating from a chemical company situated on Flemish territory. Although this company had invested huge amounts on odour remediation under pressure from the EIS, the complaints were still coming in. In addition, the odour problem at Rollegem (Kortrijk) persisted still, caused by an industrial zone to the North of Moeskroen in Wallonia. In the past the Walloon ‘Division de la Police de l’Environnement’ (DPE) had inspected these businesses on several occasions and imposed remediation measures to deal with the main sources of odour. The trend in complaints revealed that the situation had improved after this intervention, but had not been fully resolved.

Rollegem. The EIS and the Walloon DPE in turn agreed that in 2005, following the results of the environment assessments, they would, if needs be, pursue very specific action to further remediate the odour pollution from the chemical company and the industrial estate in Moeskroen. At the end of 2004 the BIM reported that the list of complaints followed up over a period of six months had yielded no significant result and that, therefore, in 2005, air pollution measurements were planed to pinpoint the source of the complaints. You can read more about the results of the Flemish environment assessment in Rollegem and surrounds in item 5.3 of the section entitled ‘Specific Enforcement Campaigns’.

Policy Technical Consultation on Environmental Regulations (TOM)

At the request of the Walloon DPE, the EIS in Namen gave its colleague inspectors from the other regions a talk on its successful tackling of complex odour problems by means of odour assessments. The EIS explained that it normally determines the impact of odour on the environment by commissioning an odour assessment, and decides the odour reduction potential for the polluting business by investigating the source.

The process of implementing environmental policy shows us that regular updates of the complex and very extensive environmental law is and will remain necessary. The legislation must be simplified and its quality improved. As a consequence of the many amendments and supplements of the regulations the various decrees and resolutions must also be harmonised with each other in good time.

Therefore the three regions agreed that in 2004 the BIM and the EIS would each commission an environment assessment on their territory - the BIM in Brussels and the EIS in

Hence the creation in early 2000 of the TOM consultation body in the Environment and Nature policy domain. TOM stands for Technical Consultation on Environmental

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Regulations. It is a permanent consultation body for all the administrations and services involved in the implementation and enforcement of policy on environmentally polluting plants and activities. TOM is made up of representatives of Aminal, the Flemish public environment inspection sections, other Flemish administrations with an interest in environmental policy, the Legal Services department of the Environment and Infrastructure section and representatives from the local authorities via the Association of Flemish Provinces (VVP) and the Association of Flemish Cities and Districts (VVSG). TOM aims, via as much consensus as possible between its members, to achieve a uniform and proper application of the environmental regulations from a technical and legal perspective. In this, particular attention is paid to resolving overlaps, gaps and inconsistencies in the regulations and their implementation and enforcement, so as to ensure coherent, results-oriented regulations and implementation.

Participation in regulatory initiatives Policy formulation and evaluation based on feedback from experience in the field is one of the core mandates of the EIS. One way in which the EIS fulfils this mandate is through participation in regulatory initiatives, thereby incorporating itself into the decision cycle. The table below gives an overview of the initiatives in which the section participated. The majority of the initiatives fell under the administrative aims of the ministerial policy note ‘Making regulations more effective and efficient’. More attention to the implementability and enforceability of regulations, even in the early stages of drafting was a major guiding principle. The EIS representatives were able to provide significant input based on enforcement practice.

Since the start-up of TOM, a number of key points have been recognized, examined and analysed. TOM’s recommendations are submitted to the Minister for the Environment. The definitive TOM recommendations are published, together with the reaction of the Flemish Minster of the Environment, on the web site www.mina.be/tom.html, under the link ‘beslissingen’ (decisions).

List of published TOM recommendations at 31 December 2004 NR.

SUBJECT Vlarem, classification list; section 3: municipal waste water treatment plants Synchronised changes to regulations Agreement over the frequency of changes to the environmenta regulations and unofficial co-ordination Querying of class 3 and of the content of the minutes Competence to request changes to the licence conditions Vlarem I, section 9.5: mixed animal rearing stations Vlarem II: the formulation ‘unless otherwise specified in the environmental licence’; time and manner Latent license The use of non-polluted rubble on building sites Vlarem I, classification list; heading 3: non-classified waste water treatment Mobile installations Waste flows: dilution Implicit change in Vlarem I classification list Surface treatment of metals Hazardous waste

The EIS also participates in TOM consultations within Aminal. As supervisory authority the EIS is represented both in the steering committee and in several ad hoc working groups. The EIS ensures that during discussion of the signalled key points and in the search for suggested solutions, due account is always taken of experience gained in the field. The EIS thereby strives to achieve the minimum of ambiguity combined with maximum implementability and enforceability.

Cooperation and consultation • 121

The continuing process of globalisation is placing enforcement in an ever more international context. One of the EIS’s tasks is therefore to lay international contacts, and actively participate in the creation of international innovation and tendencies. One aspect of the EIS’s mission is to play an active role in the European network for the implementation and enforcement of environmental legislation (the EU IMPEL network). This chapter describes the various contributions made by the Service within this network. Furthermore, the EIS lends its support to European and global organizations in connection with the enforcement of environmental legislation. The contributions made by the Service in this regard are also outlined.

International context IMPEL Background The European Union Network for the Implementation and Enforcement of Environmental Law, or IMPEL, is an informal network of Member States of the European Union (25 countries), acceding Member States (Bulgaria and Romania), candidate Member States (Croatia and Turkey), Norway and the European Commission. This network was set up in 1992 in accordance with the Fifth Environment Action Programme. This is an informal organisation through which delegates can share information, discuss problems and give each other practical advice. In this way they can accrue important knowledge and exchange the best application methods in inspection, supervision and enforcement within the European Union. The idea behind the IMPEL network is to guarantee systematic implementation of the relevant European directives by the Member States – and ensure adequate supervision of this. Indeed, without the resources required to supervise the implementation of European environmental law, this legislation is as good as worthless. It is only if the Member States have the necessary motivation and resources to enforce the rules in place, that can people be sure the environment they live and work in will benefit from permanent protection.

The present structure of IMPEL is as follows: a plenary meeting with one representative for each country, possibly supported by two or three staff members and/or colleagues as a decision-making body; several ad hoc working groups and project teams for the practical implementation of the approved projects. These are made up of several representatives of the participating Member States and the European Commission and are under the direct supervision of the plenary meeting; one national co-ordinator for each Member State who is responsible for the necessary flow of information between the network and the Member State Further information on IMPEL is available at the following website: http://europa.eu.int/comm/environment/impel/.

The European network for implementing and enforcing environmental law was set up in 1992.

In the meantime IMPEL has been recognised in the Sixth Environmental Action Programme and in the Recommendations of the European Parliament and the Council of the 4th of April 2004 on minimum criteria for environmental inspections in the Member States.

International context • 123

Six-monthly plenary meetings In 2004 two plenary meetings were held: the 23rd plenary meeting in Dublin (Ireland) from the 2nd to the 4th of June, and the 24th plenary meeting in Amsterdam (the Netherlands) from the 1st to the 3rd of December. The plenary meetings take place in the Member State which is president of the EU at the time and are chaired by the host country and the European Commission. Plenary meeting in Dublin Belgium was represented in Dublin by delegates from the three regions. The twenty-five Member States of the EU, the European Commission, Norway (as an observer), and the two candidate Member States were present. A number of completed reports were approved. An interim report of projects underway and a proposal for a number of new projects were discussed. The meeting took note of the practical arrangements the Commission had worked out to finance future IMPEL activities. The issue of representing IMPEL in the external world was solved by forming an extended troika. No decision was made, however, on its ultimate composition. Plenary meeting in Amsterdam Belgium was represented in Amsterdam by delegates from the three regions. With the exception of Portugal, the Member States of the EU, the European Commission, Norway and Croatia (as observers) and the two candidate Member States were present. The meeting was in agreement over the amendments received the composition of the extended troika, the rules for financing IMPEL’s activities and the form and content of the projects proposed. The meeting decided that Croatia should be accepted as a fully-fledged member of IMPEL. A number of interim reports were presented. The two parallel work groups were retained.

The second working group discussed a project known as ENAP (Exploring New Approaches in Regulating Industrial Installations). This working group had three goals: - to inform participants of the results and recommendations of the three previous meetings of the ENAP working group; - to offer participants an opportunity to express their opinion on business that had come on the ENAP working group agendas; - to propose further IMPEL activities in relation to this. The plenary meeting took note of the many ideas and opinions formulated by the participants in the working group activities. After thorough discussion a number of IMPEL projects were proposed for 2005 and classified in order of importance. Once the Commission’s budget for IMPEL is known we will see which of these projects can actually be started. The meeting agreed unanimously Latvia’s offer to host the IMPEL conference in Riga in 2006.

IPPC and health In IMPEL a project started in London in September 2004 with the theme ‘Consideration of Human Health through IPPC’. The United Kingdom is the leader of this project and a lot of EU Member States and candidate Member States were represented. The EIS also took part in the working meeting. The purpose of that working meeting was to check how, in the current IPPC context, health aspects can be taken into account when assessing emission limit values and other licensing conditions. The project output will consist of a report to act as a manual for taking health aspects into account when applying the IPPC regulations. Two working meetings were organised in total. The first covered the following items: - how and when do Member States currently take account of health aspects when applying the IPPC directive? - how can good practices and methods be developed to take maximum account of the health aspects? - the writing of a draft questionnaire to obtain more information on the two questions above.

The first working group dealt with better regulations and was set up with the purpose of developing new ideas on the question of how the recommendations of the IMPEL report ‘Effective enforcement relies on a good legal basis’ can be implemented in practice. The working group decided to propose the formation of a new Better Regulations cluster, within the IMPEL network. The working group’s proposal was accepted unanimously at the meeting.

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The IMPEL project aims to investigate how health aspects can be taken into account when determining emission limit values and other licensing conditions.

At the meeting the following main obstacles arose: at what point do we start talking about health aspects? what information do we need if we are to assess effects on health in a reliable manner? - what confidence do citizens have in government? - how effective are the existing instruments? - what are the effects and importance of enforcement? - how do we improve communication?

At the end of 2004 the questionnaire was complete. A provisional version of the report (manual) is expected by the end of February 2005, followed by a second working meeting in April 2005. The final report will be put for approval before the plenary Impel meeting in November 2005, during the United Kingdomâ€™s period of chairmanship.

International context â€˘ 125

The EIS gives a talk to its Chilean colleagues on the results of groundwater studies near landfills.

The EIS and the Chileans during an inspection of an incineration plant for household waste.

Other The EIS provides training for Chilean colleagues In 2004 the EIS honoured the cooperation programme 20022004 between Chile and the Flanders Region, in the area of Environment. In the autumn period the EIS received a delegation of Chilean environment and health inspectors from the eighth region, ‘Bio Bio’ (Chile’s most heavily industrialised region).

The EIS illustrated the subject of waste by inspecting processors of animal waste, giving a talk on the relevant Vlarem provisions on landfills and an overview of the results of groundwater studies at landfills, carried out by the EIS, inspections of landfills, and a talk on the policy on waste and soil and groundwater pollution related to landfill sites.

For 14 days the Flemish environment inspectors gave their Chilean colleagues an intensive and practical environmental law enforcement course. The training started with a ‘getting to know each other’ session, and went on to cover the structure, powers and activities of the EIS and a presentation of the activities of the Chilean environment administration (CONAMA) and health administration. Thereafter, an explanation was given of the government structure, environmental law and licensing policy.

The Chilean delegation also visited VITO for a talk on the role of VITO as a reference lab and as a BBT knowledge centre. They also visited the environment lab, the odour measurement lab, and the Prodem water treatment test installations.

During the visit to VITO members of the Chilean delegation were able to take a sample of the waste oil themselves, following the rules in the the EIS quality manual.

The rest of the course consisted of a mixture of site visits and inspections, theoretical discussions of the legislation, and the policies, achievements and activities of the EIS in practice. The Chilean delegation was also introduced to the concentration of industry in the Flanders Region with a tour of the port of Antwerp and several factory visits. In terms of enforcement, the emphasis was placed on a practically oriented inspection of wastewater, air, ground and groundwater pollution and on the aspect of nuisance, particularly odour nuisance. Waste and safety aspects were also covered in detail. The talk on wastewater consisted of an explanation of the conditions of discharge, self-monitoring and monitoring by the EIS of industrial wastewater and municipal wastewater. The Chilean delegation took a sample on site (both a spot sample and a mixed flow-rate sample) and the Chileans visited a municipal wastewater treatment plant.

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They were even shown how to sample waste oil. The EIS’s approach to complaints about odour nuisance was explained during a visit to the Ghent Canal zone, where the EIS commissioned an odour assessment in 2004. The Chilean delegation accompanied the EIS on odour observations. In addition, the EIS and the Chileans inspected a processor of animal waste who came up in the odour assessment. The section on air pollution consisted of an inspection visit to three waste incineration plants: one for hazardous wastes, one for water treatment sludge and one for household waste. The Chilean delegation attended emission measurements carried out on behalf of the EIS. An explanation was given of the selfmonitoring system for air, and the EIS’s role in this. The enforcement approach in the chemical sector and the refineries was also explained and demonstrated. Proper attention was paid to the relevant legislation (IPPC, self-monitoring, LDAR ...), the EIS’s achievements in the petrochemicals sector and the Seveso inspection system. Finally, time was made for a thorough evaluation of the fourteen-day training course. After the course had ended the Chilean inspectors where particularly appreciative of their reception and training. Later, both parties were extremely interested in continuing the cooperative links between the Flemish and Chilean environment inspection organisations, and possibly even extending them to other regions of Chile. This interest immediately manifested itself in two new projects that were included in the new cooperation programme for 2005-2006, approved at the end of 2004: - Training of Chilean environment inspectors from other regions in Chile; - Tackling of the odour issue in the highly industrialised port of Talcahuano.

The EIS provides training for Slovenian colleagues The EIS has a good reputation for enforcement in Europe. The drafting of an annual inspection plan and annual enforcement report are part and parcel of this. As a result, the EIS has been asked to collaborate on international training programmes on the enforcement of environmental law. In the autumn of 2004 this happened at the request of the European Commission. In the EU, Taiex (Technical Assistance Information Exchange Unit) was working with one of the regions of Slovenia to organise a training programme on ‘the EU-Environmental Legislation – Air Pollution’. This workshop was part of a regional training programme that Taiex had organised on a variety of environmental topics.

50 inspectors took part in the session. The EIS explained the role and importance of enforcement in the fight against air pollution in Flanders. The presentation was illustrated with cases related to the reduction of dioxins in waste incineration and in the steel industry. During the session we again found that the listeners were highly appreciative of the concrete and results-oriented approach of the EIS inspections in the field.

Dioxin 2004 Again, in 2004, the EIS participated in the five-day ‘International Symposium on Halogenated Environmental Organic Pollutants and POPs’, or DIOXIN 2004, held in Berlin in early September. This annual symposium is the world’s most important forum for presenting and exchanging the latest findings on formation, environmental spread, health effects, sampling and analysis methods, and emission prevention and limitation of halogenated organic pollutants. The most commonly known of these compounds are dioxins, furans and PCBs.

The EIS gave a presentation at that congress entitled ‘Diffuse emissions of dioxins and furans and dioxin-like PCBs from industrial sources in the Flanders Region’. This presentation covered two related subjects. On the one hand, it covered the issue of non-controlled emissions of dioxins from non-ferrous companies. The storage, transhipment and transport of dioxin rich residues from flue gas treatments in smelting processes, leads to a higher risk of dioxins spreading in the environment. Also, the presentation looked at scrap processing companies, where there is also a problem of higher concentrations of PCBs (including dioxin-like PCBs) in and around the premises. The Flanders Region plays a pioneering role in this area, given the very scant concrete information available. By explaining the problem to an international public of experts, the EIS hopes to contribute to its remediation. Since the European Commission is set to propose limit values in 2005 on the content of dioxin-like PCBs in foodstuffs, the restricted emissions of these compounds are bound to attract more attention in the coming years. Furthermore, during the congress there was a lot of interest in halogenated flame inhibitors and the coming into effect of the Stockholm Treaty on persistent organic pollutants.

The training was organised for inspectors working for the central, regional and local Slovenian authorities. In total, about

International context • 127

Odour management In November 2004 the EIS participated in the international conference, â€˜Environmental Odour Managementâ€™ in Cologne, organised by the Kommission Reinhaltung der Luft im VDI und DIN. This biennial congress focuses on recent developments in the area of odour policy, instruments for determining the impact of odour and developments in odour management for specific sectors of industry. The symposium was attended by 200 participants from scientific, commercial, technological and government circles in a variety of European countries, Turkey, the United States, Canada, Australia, Japan and Korea. In a presentation at that congress the EIS explained that odour assessments are a useful instrument in enforcing complex odour problems. In an odour assessment we use the nuisance method to derive criteria on the acceptability of odour nuisance in specific odour situations. We also calculate scenarios to determine the measures a company should take in order to satisfy those criteria. The impact of the odour on the environment is investigated via complaints analysis, telephone surveys, odour journals and air pollution measurements. In the companies themselves we carry out emission and odour measurements and explain odour prevention and restriction processes. The EIS has commissioned about twenty odour assessments in the last ten years. The EIS discussed their content and usability in enforcement. The presentation of that investigation system and its successes at an international forum may, it is hoped, contribute to the remediation of odour problems in other countries. Other topics covered at the congress included the use of electronic sniffers for monitoring odours, sampling, measurement and modelling techniques and sector-specific odour measurement and odour prevention techniques. At the conference plenty of thought was given to greater uniformity in the regulations on odour in Europe and an official request was made to launch a European horizontal BBT study on odour prevention techniques.

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Environment compliance and enforcement indicators At the OECD and INECE (International Network for Environmental Compliance and Enforcement) a working meeting of experts was organised in November 2003 at OECD in Paris, on ‘Environmental Compliance and Enforcement Indicators’. The EIS attended this meeting. Further to this working meeting, via bilateral consultations between the OECD and Russia, a project entitled ‘Environmental Compliance and Enforcement Indicators in the Russian Federation’ was started. The OECD project leaders explained the content of the new project in May 2004 to the management of the Russian ministry for Natural Resources and a group of Russian experts. The OECD called on the EIS to act as a technical expert on this subject. It is internationally accepted that Flanders has built up a lot of experience in this area. The meeting in Moscow consisted of two parts. The first was entirely devoted to explaining the project to the top management of the Russian ministry for Natural Resources. At this meeting the EIS explained the need to measure the effectiveness and efficiency of environment inspectorates by means of indicators.

The second part consisted of a meeting of experts to discuss ‘the Environmental Enforcement and Compliance Indicators in the Russian Federation’. The EIS gave an extensive presentation on the effectiveness and efficiency of environment inspectorates in the Region of Flanders. The participants were extremely interested. At these meetings the EIS was able to establish lots of useful contacts and exchange experience and information. We promoted the Flanders Region by presenting and explaining: How we work effectively and efficiently in the Flanders Region; The input, output and outcome indicators that the EIS currently uses; The enforcement results already obtained in Flanders. Indeed, effective indicators are of great importance in informing policy-makers and citizens in a credible, uniform and intelligible way about the input, output and outcome of environmental inspections. Correct information on various enforcement actions and the results obtained should be seen as a powerful tool for stimulating and guaranteeing, as far as possible, the enforcement of our environmental regulations.

International context • 129

130 â€¢ Environmental Enforcement Report 2004 of the Environment Inspection Section

APPENDICES Contacts at the EIS Support with respect to content INSPECTORATEGENERAL (IG) CHIEF INSPECTORATE

LOCAL SERVICE ANTWERP

LOCAL SERVICE LIMBURG

LOCAL SERVICE EAST-FLANDERS

LOCAL SERVICE FLEMISH-BRABANT

Paul Bernaert

Linda Van Geystelen

Jan De Paep

Paul Van Gijseghem

Marc Vanthienen

Roland Loontiens

Waste working group Hans Delcourt Ingrid Roels

Hendrik Meulemans

Freddy Noels

Gert Govaerts

Robert Dupont

Marc Sevenant

Soil and groundwater Greta De Maesschalck Hendrik Meulemans working group

Sybille Vanderhenst

Frank Verslype

Tina Poels

Karel Debeuf

Noise and vibrations working group

Tom Maes

Frans Van der Cruyssen

Wilfried Nijs

Henri Trypsteen

Marian Lagrou

Tina Poels

Karel Debeuf

Section head

Louis Daens

Ludo Segers

LOCAL SERVICE WEST-FLANDERS

GMOs working group Geert Keppens

An Swinnen

Quarries and mines working group

Paul Bernaert Chris Van Baelen

Gerard Pensaert

Rudi Rademaekers

Peter Wesemael

Robert Dupont

Karel Van Damme

Air, light and odour working group

Filip François Martine Blondeel

Jos Moeskops

Peter Schoups

Peter Wesemael

Liesbet Rommens

Geert Van Landschoot

Safety working group Inge Delvaux*

Wilfried Biesemans*

Leentje Timmerman

André Goossens*

Jef Feyaerts

Guido Gheysen

(*: Seveso-team)

Inge Dils*

Marc Van Kerckvoorde*

Christel Gernay* Wilfried Van den Acker* Water working group Peter Schryvers IPPC core team

Lief Mannaerts

Paul Bernaert Lief Mannaerts Martine Blondeel Paul Cuypers Inge Delvaux Hans Delcourt Greta De Maesschalck Filip François Geert Keppens Ingrid Roels Peter Schryvers

Jos Tits

Wilfried Van Vaerenbergh

Dirk Crivits

Robrecht Pillen

Johan Ballings

Marc Van Kerckvoorde

Jef Feyaerts

Wim Delaere

LOCAL SERVICE LIMBURG

LOCAL SERVICE EAST-FLANDERS

LOCAL SERVICE FLEMISH-BRABANT

LOCAL SERVICE WEST-FLANDERS

Organisational support INSPECTORATEGENERAL (IG) CHIEF INSPECTORATE IT

LOCAL SERVICE ANTWERP

Koen Mandonx (IG) Paul Bernaert

Wilfried Van den Acker Jos Tits Luc Verhaeven Wilfried Biesemans

Koen Mandonx

Peter De Neve

Material

Chris Van Baelen Tanja Verschaeren

Ilse Colman

Dony Vandormael

Theo Strobbe

Johan Corveleyn

Environment Enforcement Report

Peter Schryvers Paul Bernaert Geert Keppens

Wilfried Van den Acker Leentje Timmerman

Pieter Van Cauwenberge

Theo Strobbe

Georges Van de Walle

Guido Gerits

Appendices • 131

Contacts for cooperation, consultation and regulatory initiatives COOPERATION WITH THIRD PARTIES, CONSULTATION BODIES AND REGULATORY INITIATIVES

CONTACT PERSONS

Amendment of the sectoral regulations in the policy areas of Environment and Nature in the context of Better Administrative Policy Action plan for Hoboken Action plan for Menen

Amendment of law on Air Pollution and Waste Decree BBB project team BBT/EMIS - steering group Animal Waste Commission Waste Collection Commission Prosecution Policy Commission for Environment and Spatial Planning Target group policy Enforcement Ordinance (EC) 2037/2000: ozone-depleting substances Icolev (Internal Communication on Environment) Implementation Order 2003/33/EC on landfill acceptance criteria Implementation of Guideline 2004/35/EC of 21 April 2004 on environmental liability in relation to the prevention and remediation of environmental damage in the Flanders Region Environment boat MINA plan 3 theme 1 ‘Depletion of the Ozone Layer’: inspection programme MINA plan 3: Project 40 ‘Enforcement’ NEC reduction programme (Aminabel) Animal by-product agreement Consultation on light pollution policy Consultation on Cross-compliance between ABKL and environmental administrations Consultation on odour policy Consultation with VMM on deposition and immission measurements Internal Environmental Care Project Chipboard manufacturer regulations Cooperation with Natural Resources and Energy Cooperation with Aminabel over recognition of experts on noise and vibrations Cooperation with the Health Inspectorate Cooperation with the military authorities Cooperation with the Food Agency and OVAM

Seveso-Helsinki Cooperation Committee Strategic regulation project: MRI Strategic regulation project: accreditation

Strategic regulation project: integrated environmental conditions Environment Quality Standards Steering Group VITO Reference Tasks Steering Group Technical Consultation on Environment Regulations (TOM), plenary meeting Technical Consultation on Environment Regulations (TOM), sub working groups

134 • Environmental Enforcement Report 2004 of the Environment Inspection Section

List of abbreviations Institutions Aminal Aminabel ANRE APSG BIM CONAMA CGCCR DRIRE DPE EIS EU FAVV FOD HMN IMPEL INECE IRCEL LIN MINA-Raad OECD OVAM TAIEX TOM VITO VLM VMM VVP VVSG WGO

Environment, Nature, Land and Water Management Administration General Environment and Nature Policy Division Natural Resources and Energy Section Preventive and Social Healthcare section Brussels Institute for Environmental Management Comisión Nacional del Medio Ambiente Government Coordination and Crisis Centre Regional Industry, Research and Environment Division Environmental Policy Department Environment Inspection Section European Union Federal Agency for the Safety of the Food Chain Federal State Department Enforcement of Environment and Nature Implementation and Enforcement of Environmental Law International Network for Environmental Compliance and Enforcement Interregional Environment Cell Environment and Infrastructure section Environment and Nature Council of Flanders Organisation for Economic Cooperation and Development Public Waste Agency of Flanders Technical Assistance Information Exchange Unit Technical Consultation on Environment Regulations Flemish Institute of Technological Research Flemish Land Agency Flemish Environment Agency Association of Flemish Provinces Association of Flemish Cities and Districts World Health Organisation

Environmental terms ARAB BAP BBT BREF BSE CAI CRAB DIN DOS EIP EMAS FTE gft GGO GIS GRM FID IPPC LAI LDAR MINA-plan 3 MWWTP ODP

general labour protection regulations Better Administrative Policy (reorganisation of Flemish administration) best available techniques best available techniques reference document bovine spongiform encephalopathy (mad cow disease) complete acoustic assessment central file of reference addresses Deutsches Institut für Normung dossier follow-up system used by EIS environment inspection plan ecomanagement and audit scheme full-time equivalent vegetable, fruit and garden waste genetically modified organism Geographic Information System specified risk material flame ionisation detector integrated pollution prevention and control limited acoustic assessment leak detection and repair Environment Policy Plan 2003-2007 municipal wastewater treatment plant ozone depleting potential

Appendices • 135

OSB PLOEG PWTP RDBMS SEL SR TEF TEQ VBS vCJD Vlarem I Vlarem II Vlarea Vlarebo

oriented strand board plan, lead, monitor, evaluate, value private wastewater treatment plant relational databank management system sound exposure level safety report toxic equivalent factor toxic equivalents safety management system Creutzfeldt-Jakob disease Implementing Order of the Decree relating to the environmental licence containing the Flemish regulation to the environmental licence Implementing Order of the Decree relating to the environmental licence containing the general and sectoral conditions on environmental health Implementing Order of the Flemish Government concerning the Flemish regulations on waste prevention and control Implementing Order of the Flemish Government concerning the Flemish regulations on soil remediation

Chemicals and parameters BOD CFC COD deca-BDE HBCD HC HCFC PAH PBDE PCB PCDD PCDF pH TOC VOC

biological oxygen demand chlorofluorocarbons chemical oxygen demand decabromide diphenyl ether hexabromocyclo-dodecane hydrocarbon chlorofluorohydrocarbon polyaromatic hydrocarbons polybromide phenyl ethers polychloro biphenyl(s) polychloro-dibenzo-paradioxins (in short, dioxins) polychloro-dibenzo-furans (in short, furans) acidity total organic carbon volatile organic compound(s)

136 â€˘ Environmental Enforcement Report 2004 of the Environment Inspection Section

Addresses Section head: Dr. Sc. Robert Baert, inspector-general Graaf de Ferrarisgebouw Koning Albert II-laan 20 bus 8 1000 Brussels Tel.: +32 2-553 81 83 Fax: +32 2-553 80 85 e-mail: milieu-inspectie@lin.vlaanderen.be Chief Inspectorate Section head: Ing. Paul Bernaert Graaf de Ferrarisgebouw Koning Albert II-laan 20 bus 8 1000 Brussels Tel.: +32 2-553 81 97 Fax: +32 2-553 81 95 e-mail: milieu-inspectie.hi@lin.vlaanderen.be Local service Antwerp Section head: Lic. Linda Van Geystelen Copernicusgebouw Copernicuslaan 1 2018 Antwerp Tel.: +32 3-224 64 25 Fax: +32 3-224 64 28 e-mail: milieu-inspectie.ant@lin.vlaanderen.be Local service Limburg Section head: ir. Jan De Paep Hendrik van Veldekegebouw Koningin Astridlaan 50 bus 5 3500 Hasselt Tel.: +32 11-74 26 00 Fax: +32 11-74 26 29 e-mail: milieu-inspectie.lim@lin.vlaanderen.be Local service East-Flanders Section head: ir. Paul Van Gijseghem Apostelhuizen 26k 9000 Gent Tel.: +32 9-235 58 50 Fax: +32 9-235 58 79 e-mail: milieu-inspectie.ovl@lin.vlaanderen.be Local service Flemish-Brabant Section head: Ing. Marc Vanthienen Waaistraat 1 bus 2 3000 Leuven Tel.: +32 16-21 11 50 Fax: +32 16-21 11 51 e-mail: milieu-inspectie.vbr@lin.vlaanderen.be Local service West-Flanders Section head: ir. Roland Loontiens Koningin Astridlaan 29 bus 4 8200 Brugge Tel.: +32 50-40 42 11 Fax: +32 50-39 15 12 e-mail: milieu-inspectie.wvl@lin.vlaanderen.be

Appendices â€˘ 137

Publishing House Ministry of the Flemish Community Environment Inspection Section Publisher Dr. Sc. Robert Baert inspector-general section head Graaf de Ferrarisgebouw Koning Albert II-laan 20 bus 8 1000 BRUSSELS Editors ir. Peter Schryvers Ing. Paul Bernaert, section head Chief Inspectorate

Depot number: D/2006/3241/006

Layout

138 • Environmental Enforcement Report 2004 of the Environment Inspection Section