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PREFACE INTRODUCTION

ORGANISATION PERSONNEL, TRAINING AND RESOURCES

01 02

2003 Environmental Enforcement Report of the Environment Inspection Section

EIS 2003 ENVIRONMENT INSPECTION PLAN

SPECIFIC ENFORCEMENT CAMPAIGNS ROUTINE INSPECTIONS

04 05

REACTIVE INSPECTIONS FOLLOW-UP AND OWN INITIATIVE

06 07

ACTIONS UNDER CRIMINAL AND ADMINISTRATIVE LAW CO-OPERATION AND CONSULTATION

08 09

INTERNATIONAL CONTEXT APPENDICES

10 11

The main objective of our ‘Environmental Enforcement Report’ is to extensively inform the reader of the numerous achievements of the Environment Inspection Section. Convincing everyone of the necessity of the Flemish Environment Inspection Section in order to create a broader basis for the social and political legitimacy of environmental law in general is – of course - equally important.

PREFACE As in previous years, the professional execution of the 2003 environment inspection plan and the equally professional establishment of the 2004 environment inspection plan were at the centre of attention in 2003. The environmental enforcement report is structured in such a manner that it provides the reader with logical and detailed information about the systematic execution of the different inspections. Since a number of years every environment inspection plan has been the result of a long and wellorganised development process with essential contributions from both the Environment Inspection Section’s environmental inspectors and other enforcement actors. The knowledge, experience and insights of the different local, regional and federal actors involved in the enforcement of the environmental health legislation, are willingly integrated in the Environment Inspection Section’s enforcement activities and in a number of joint inspection campaigns. Obviously, the ‘Flemish environment’ does not stand on its own. By forging strong interregional and international contacts the Environment Inspection Section has succeeded in contributing to international innovations and in generating new trends. These contacts have furthermore resulted in real co-operation and joint enforcement activities with the environmental enforcement authorities of the federal government, the Walloon Region, the Brussels Capital Region and the French Nord-Pas-deCalais region. The previous environmental enforcement plan managed to fully draw attention to the deficiencies in the criminal prosecution of violations recorded by the environmental inspectors of the Environment Inspection Section. Meanwhile it has become clear to us that at least two structural changes are needed to remedy said deficiencies. Firstly it seems appropriate to give the Public Prosecutor magistrates with a very extensive expertise in environmental matters who would furthermore, preferably exclusively, deal with environmental violations. Secondly these environmental magistrates must have the possibility to demand assistance from specialised ‘investigators’ at the Environment Inspection Section. An autonomous Flemish enforcement system independent from policy preparation and implementation, must consequently consist of a ‘supervisory part’ and an ‘investigative part’. The Environment Inspection Section furthermore wishes to optimise the proceedings under administrative law. The enforcement system should not only draw on the extensive technical knowledge of the environmental inspectors, but should also have the possibility to call on the skills of environmental lawyers. Efficient legal and technical assistance for the environmental inspectors in their dayto-day enforcement activities is indispensable. We remain convinced that an efficient and effective environmental policy resulting in a better environment certainly needs feasible and enforceable regulations as well as clear and manageable licences. Such a policy however fully depends on the existence of well-organised, politically and socially supported, professional enforcement. We are in this context counting on the help and support of the future Flemish parliament and the next Flemish government.

Dr. Sc. Robert Baert Inspector-general Head of Section

2003 Environmental Enforcement Report of the Environment Inspection Section

Every year the Environment Inspection Section (EIS) publishes an environmental enforcement report informing about the organisation, execution, follow-up and results of its environmental inspections. This report has thus become an important part of the full implementation of the European Parliament’s and Council’s Recommendation of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (2001/331/EC).

INTRODUCTION The need for such a report already results 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 organising, carrying out, following up and publicising 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 further states that reporting on inspection activities is an important means to ensure through transparency the involvement of citizens, non-governmental organisations and other interested actors in the implementation of environmental legislation. It also states that public access to information thereon must be ensured, pursuant to the Directive with regard to free access to environmental information. In the present environmental enforcement report we have attempted to follow the order of the Recommendation as closely as possible. It can thus be divided into three major parts. Part 1: the section’s organisation and resources The environmental enforcement report begins with a description of the section’s organisation (chapter 1) and reporting on its resources, both human and financial (chapter 2). Part 2: the carrying out, follow-up and results of the environmental inspections All environmental inspections are carried out in accordance with an environment inspection plan. This systematic method of working is a basic principle of the Recommendation, which also states that in order to make the system of inspections efficient, Member States should ensure that environmental inspection activities are planned in advance. Chapter 3 describes the manner in which the annual environment inspection plans are drawn up and their conformity with the definitions of the environmental inspection activities described in point II as well as with the principles of drawing up environment inspection plans contained in point IV of the Recommendation. Subsequently information is given about the carrying out, the follow-up and the results of each part of the environment inspection plan, in particular - specific enforcement campaigns (chapter 4) - routine inspections (chapter 5) - reactive inspections (chapter 6) - own initiative and follow-up (chapter 7). Chapter 8 concludes this part with a global report on the proceedings under criminal and administrative law resulting from the inspections. Part 3: co-operation and consultation The environmental enforcement report ends with a survey of intraregional, interregional and supraregional co-operation. The chapter ‘Co-operation and consultation’ mainly focuses on the different types of national co-operation (primarily within Flanders) while the chapter ‘International context’ provides a summary of the numerous contacts with actors in other European countries and the rest of the world.

2003 Environmental Enforcement Report of the Environment Inspection Section

CONTENTS

PREFACE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ORGANISATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. Position of the EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Task . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Competences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Internal structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Policy and Strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Operational chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. Total quality assurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Organisational changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 9 10 10 11 13 14 15 19

PERSONNEL, TRAINING AND RESOURCES . . . . . . . . . . . . . . . . . . . 1. Personnel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Personnel policy (PLOEG) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Training activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Use of financial resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. File follow-up system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25 25 31 31 34 37

2003 ENVIRONMENT INSPECTION PLAN . . . . . . . . . . . . . . . . . . . . 1. Compilation of the 2003 EIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Description of the 2003 EIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Summary of the 2003 EIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Preparation oh the 2004 EIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39 39 42 46 46

SPECIFIC ENFORCEMENT CAMPAIGNS . . . . . . . . . . . . . . . . . . . . . . 1. Water working group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Safety working group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Noise working group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Waste working group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Air working group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49 49 60 66 69 80

ROUTINE INSPECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. Routine sampling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Routine measurements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Routine inspections of operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99 99 103 111

2003 Environmental Enforcement Report of the Environment Inspection Section

REACTIVE INSPECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Reports of incidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Evaluation reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Marginal notes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Giving advice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Flemish Parliament questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. High supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. The winter smog scheme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

119 119 126 127 129 131 132 134 136

FOLLOW-UP AND OWN INITIATIVE . . . . . . . . . . . . . . . . . . . . . . . . . 1. Follow-up of a file . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Own initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

139 139 145

ACTIONS UNDER CRIMINAL AND ADMINISTRATIVE LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. Inspections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Official reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Taking measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Criminal prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Open government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

149 149 151 152 169 173

CO-OPERATION AND CONSULTATION . . . . . . . . . . . . . . . . . . . . . . . 1. Cooperation with other Vlarem environmental inspectors . . . . . . . . . . . 2. Co-operation with judicial authorities . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Co-operation within the framework of Safety of the Food-chain. . . . . . 4. Co-operation with VMM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Co-operation with OVAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Co-operation with the military government. . . . . . . . . . . . . . . . . . . . . . 7. Co-operation with the Department of Supervision on Chemical Risks . . . 8. Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

175 175 181 183 184 186 187 188 190

10. INTERNATIONAL CONTEXT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. IMPEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

193 193 197

11. ANNEXURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. Contact persons within EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Contact Persons co-operation, deliberation and legislative initiatives . . . 3. EIS and the Press . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Presentations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Used abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Addresses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

203 203 204 206 208 209 211

2003 Environmental Enforcement Report of the Environment Inspection Section

The Environment Inspection Section (EIS) is the enforcement body for environmental health legislation in the Flemish Region. This chapter 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 environmental area was also established. This chapter also provides a description of the policy and the strategy of the EIS, its operational chart and its constant endeavours for quality improvement. Finally, attention is devoted to the imminent organisational changes.

ORGANISATION 1. 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 environment and the infrastructure, in terms of its policy preparation, policy formula-

tion, policy implementation and policy evaluation activities. This hierarchical structure and the other entities within the Ministry of the Flemish Community are shown in the organisational chart below. The reorganisation of the Flemish administration that pursuant to the Better Administrative Policy (BAP) made great strides in 2003 will undoubtedly make radical changes to this landscape in the near future.

Organisational chart of the Ministry of the Flemish Community

Ministry of the Flemish Community

General Affairs and Finance Department

Coordination Department

General administrative services Administration

General Environment and Nature Policy Section

Woods & Greenery Section

Economy, Employment, Internal Affairs and Agriculture Department

Environment Nature, Land and Water Management Administration

Europe & the Environment Section

Environment and Infrastructure Department

Supporting Studies and Assignments Administration

Land Section

Education Department

Town and Country Planning, Housing, Monuments and Landscapes Administration

Environment Inspection Section

Science, Innovation and Media Department

Welfare, Public Health and Culture Department

Waterways and Maritime Affairs Administration

Environmental Licences Section

Roads and Traffic Administration

Nature Section

Water Section

Organisation

2. Task The Flemish Parliament and the Flemish Government, under the terms of the environmental licence decree and Vlarem I, have entrusted the inspectors of 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. 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 an efficient, professional, uniform, integrated and guiding approach throughout Flanders, and the EIS seeks to serve as an example to the local authorities. Therefore, the high supervision is exercised not only on an ad hoc basis but also systematically. In addition to the EIS, there are a number of other actors involved in the enforcement of the environmental licence decree: the mayors; 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. To give shape to this co-operation, which must also be seen in the framework of the global approach to the enforcement policy, a network has been created. The co-operation within this network generates synergisms in view of a more efficient and more functional enforcement of the environmental health legislation. Because of constantly increasing European integration and the process of globalisation, 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 preparation and policy evaluation, the EIS is responsible for advising the Flemish Minister for the Environment on the feasibility and enforceability of the regulations. This is done by providing policy-makers with feedback on experience gathered in the field. Given that resources are limited, the EIS must exploit its potential to the full. The Section is therefore organised in such a way that the available technical expertise is combined, enlarged, exchanged and used to the greatest extent possible and that there is also room for individual initiative.

Finally, the EIS has the task of publicising and providing information about its activities and approach at regular intervals. In this regard, the EIS aims, on the one hand, to ensure transparency and, on the other hand, to create and maintain sufficiently broad-based social support for enforcement.

3. Competences 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; - 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); - the decree of 23 January 1991 for the protection of the environment against pollution by fertilisers (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); - the decree of 22 February 1995 concerning soil sanitation (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 nonionizing radiation, infrasound and ultrasound (Belgian State Gazette of 26 November 1985)

2003 Environmental Enforcement Report of the Environment Inspection Section

Brussels

- the Co-operation Agreement of 21 June 1999 between the Federal Government, the Flemish Region, the Walloon Region and the Brussels Capital Region on the control of major-accident hazards involving dangerous substances (Belgian State Gazette of 16 June 2001).

4. Internal structure

Antwerp

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 servantsâ€™ status. The Head of Section is responsible for the overall management of the EIS. The Chief Inspectorate initiates and supervises the inspection campaigns and investigation activities that are undertaken throughout Flanders in a planned and co-ordinated manner. It is furthermore responsible for the preparation, formulation and evaluation of the enforcement policy and for ensuring human resources and logistical support for the Section. The local services are responsible for carrying out specific inspection tasks, following up environmental sanitation measures, keeping company files up to date and providing policy-makers with feedback on experience gathered in the field.

Limburg

Presentation of the vertical structure of the EIS

Head of Section Chief Inspectorate

Local Service Antwerp

East-Flanders

Local Service Limburg

Local Service East Flanders

Local Service Flemisch Brabant

Flemish-Brabant

Local Service West Flanders

West-Flanders

Presentation of the horizontal structure of the EIS Head of Section

Chief Inspectorate

WORKING GROUPS WASTE

Local Service Antwerp

SOIL AND GROUNDWATER

Local Service Limburg

NOISE AND VIBRATIONS

AIR

Local Service East Flanders

GMO

SAFETY

Local Service Flemisch Brabant

WATER

Local Service West Flanders

In addition to the vertical structure, a horizontal structure has also been set up in the form of working groups for each environmental area. At the end of the year 2003, five working groups were operational: Waste, Noise and Vibrations, Air (including odour and light pollution), Safety and Water. At the end of 2003 the necessary preparatory activities were commenced for the possible launching of a Genetically Modified Organisms (GMO) working group and a Soil and Ground Water working group. For this purpose, two members of staff were recruited from the Chief Inspectorate in the autumn of 2003. They will specialise in these two important environmental subjects.

- to advise the competent Minister on the enforceability and feasibility of the regulations and to provide him/her with the necessary feedback for policy preparation and evaluation.

The objectives of the working groups are as follows:

In the local services, the members of a working group continue to participate in specific enforcement campaigns, routine inspection work, reactive inspections and follow-up inspections, albeit to a more limited extent. They also play a supportive role with regard to their colleagues as specialists in the specific environmental subject of their working group.

- to strive for a high level of environment protection in general. - to co-ordinate the know-how available in the Section on a particular environmental subject, to extend this know-how and to disseminate and use it within the Section; - to organise the planned and co-ordinated inspections, to give them greater depth 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;

Each working group is composed of six or seven members: one representative from each local service and one or two representatives from the Chief Inspectorate acting as working group moderators (project leaders), depending on the size and the 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.

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. To this end, the Section sometimes calls on the skills of external experts. Alternatively, completely new initiatives are taken or new inspection instruments are used. In this way, the knowledge and experience built up in the working groups systematically permeates the rest of the Section.

The working groups organise the planned and co-ordinated inspection campaigns.

5. Policy and Strategy The EIS clearly defined the mission, vision and values of its organisation and its staff years ago. They have become key elements in the continuous drive to optimise the structure and operation of the EIS. The cornerstone in this regard is the raison d’être of the Section: to check and improve the quality of the environmental health policy and its implementation to maintain and, if necessary, improve the quality of the environment and to prevent pollution, damage and major accidents. The mission (Where do we stand now?) is a concept that lends further depth to this raison d’être: as the Environment Inspection Section, we test and promote the quality of the environmental health policy and the implementation thereof to maintain and, if necessary, improve the quality of the environment and to prevent pollution, damage and major accidents. We do this by: - maintaining constant supervision;

Our vision says something about the kind of organisation we want to be. The Environment Inspection Section is the organisation 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 undertaken. The EIS has identified the following critical success factors required to make a success of this transition. To create a corporate culture that promotes constant improvement in which everyone: - supports and propagates the vision, mission and values of the Section; - co-operates and demonstrates that our organisation is more than the sum of its constituent parts; - co-operates with all actors at international, European, federal, regional and local level;

- carrying out official inspections;

- strives to integrate the environment and the coherence of environmental care into other policy sectors;

- carrying out investigations;

- feels valued and takes initiatives;

- implementing measures;

- has correct and relevant information;

- extending the enforcement of the environmental health policy to municipalities, provinces and other enforcement actors;

- trains constantly and effectively;

- 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 loyal, enterprising and contented people who: - provide customers with support and explain clearly what they are doing; - are available and approachable; - respond quickly, dynamically and realistically to challenges; - co-operate in an integrated manner to get results;

- 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 a uniform and integrated environmental health 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:

- always stay one step ahead thanks to their vision, creativity and expertise;

- there must be sufficient social and political legitimacy;

- always seek to improve their work and enjoy what they are doing;

- within the administration, enforcement must be given a place alongside and not subordinate to policy preparation and/or implementation;

- maintain healthy ecological reflexes; - display a correct enforcement reflex.

- the powers, autonomy and independence of the EIS in general and of the environmental inspectors in particular must be guaranteed.

Organisation

6. Operational chart The operational chart includes the following areas of competence: Personnel, Policy and Strategy, Resources and Partners and, finally, Processes. It provides a clear picture of the operation and objectives of the EIS. It is actually a kind of identity card. As a “snapshot” of the current situation, the operational chart provides the information required for the optimisation of the current operation and an optimum approach to new or re-oriented processes. The part dedicated to policy and strategy is based on the mission and vision set out above. On this basis, a number of (long-term) strategic objectives have been set: - inspection; - taking measures; - policy implementation; - policy formulation and evaluation; - active participation in the European IMPEL network; - ongoing training.

The part dedicated to processes describes the different processes of the EIS. Also, a flowchart shows the link between the different process steps. 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. The part dedicated to resources gives an overview of the financial and material resources required for the implementation of the different processes. The part dedicated to personnel shows how many members of staff are involved in the different processes and how much time they devote to these processes and identifies the main activities in this regard. The first operational chart was drawn up in 1998. This dynamic document is regularly updated and is furthermore used to bundle the EIS’s management information. It has proved to be a helpful instrument in the further optimisation of the operation and organisation of the Section.

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 Section. These are in turn translated into personal objectives incorporated in the personal planning document of each staff member.

LIST OF DIRECT PROCESSES Process

Description

P01

Inspecting and taking measures

- P01.1

- file preparation

- P01.2

- travelling + on-site observations

- P01.3

- inspection report + assessment of observations

- P01.4

- reporting to the Public Prosecutor

- P01.5

- Policy formulation and evaluation

- P01.6

- reporting (internal/external)

- P01.7

- file follow-up system

P02

Environment Inspection Plan (EIP)

P03

Mandates to external experts

P04

Policy formulation and evaluation

P05

Dissemination of the environmental health policy to municipalities, provinces and other enforcement actors

P06

Intraregional, interregional and supraregional co-operation with other (environmental) actors

2003 Environmental Enforcement Report of the Environment Inspection Section

7. Total quality assurance 7.1. The EFQM model The Ministry of the Flemish Community is constantly striving to develop its services in the most optimum manner possible. This presupposes an organisational culture at the heart of which there is constant concern for quality and quality improvement. In this regard, the Environment Inspection Section is also doing its bit.

This model describes a method that can help an organisation (profit or non-profit) to achieve excellent results for customers, staff, shareholders and the community. The EFQM Excellence model is a management tool that provides a means of identifying the appropriate improvement actions so that excellent results can actually be achieved.

In recent years, emphasis was first placed on the aspect “Policy and Strategy”. The mission, vision, values and critical success factors were clearly identified. The aspects “Personnel”, “Resources and Partners” and “Processes” were added later on. This led to the drafting of the operational chart of the EIS. In the meantime other aspects were included to arrive at the introduction of total quality assurance. To this end, the Section used the model of the European Foundation for Quality Management (the EFQM model). This is a strategic model, which yields the desired result based on a strong customer-oriented and social-oriented approach to staff, resources and processes. The model also shows the interdependence of the various improvement initiatives within the Ministry.

The EIS carried out a self-evaluation according to the EFQM Excellence model in November 2000. This rapid diagnosis was carried out under the supervision of an external consultant and was part of the Section’s ongoing improvement drive. Based on this rapid diagnosis, a number of improvement actions were defined for the following criteria: leadership, policy and strategy, personnel, partners and resources, processes and customer results. The EIS has evaluated the results of this rapid diagnosis and has in recent years continued to work on substantial improvement actions in which the aspect of ‘Inspecting and taking measures’ was better and more comprehensively documented (see below). It is expected that the implementation of these improvement actions will result in higher-quality service provision.

Schematic presentation of the EFQM model

Leadership

Personnel

Personnel Results

Policy and Strategy

Customer results

Resources and Partners

Processes

Operational Results

Social Results

Organisation

mental law in the Flemish Region’ that was ratified on 30 May 2000 by the Commission on prosecution policy.

7.2. Improvement of internal quality Processing of findings

The ‘Code of good practice for proceedings under administrative law’ (drawn up in 2001) defines the form and content of all the documents that appear on the flowcharts of the 'Enforcement instrumentarium' (from the inspection report to the exhortations and the mandatory measures). As many as 39 different documents are described in detail.

When drafting the Section’s operational chart in 1998, the aspect “Inspecting and taking measures” was identified and its first procedure manual was drawn up. In recent years, new documents have been drawn up to further improve the quality and increase the uniformity of the interventions undertaken by the EIS as regards both the criminal and the administrative prosecution of the investigation results. These documents are fully implemented on a daily basis by all environmental inspectors.

The EIS considers the ‘Enforcement instrumentarium’ and the two codes of good practice as a quality manual. These documents are used on a daily basis by all environmental inspectors when dealing with violations and when taking measures. In this context, the Heads of Service and the Head of Section have been appointed as quality managers.

The ‘Enforcement instrumentarium’ (established in 1996 and thoroughly updated in 2000) sets out the general principles underpinning any intervention by the EIS and shows in a number of flowcharts how the environmental inspectors should intervene at each phase of a file.

EIS instructions

The Code of good practice for drawing up official reports (drawn up in 1999 and adapted in 2000) 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 instrumentarium (see flowchart). The objective of the Code of good practice is to improve the quality and to increase the uniformity of the official reports drawn up by the EIS. It also implements the ‘Priorities review on the prosecution policy of environ-

The EIS also gives internal instructions in order to improve the quality and/or to increase the uniformity when carrying out inspections and evaluating findings. In 2003 six such instructions were drawn up and implemented. The following table offers a summary.

Example of a flowchart of the Enforcement instrumentarium Start

Yes

Serious Risk Imminent danger

Licence

Yes

Yes Conditions complied with?

Yes Conditions sufficient?

Write official report initially or subsequently

Consider applicable measures 4

Mandatory / administrative measures

2003 Environmental Enforcement Report of the Environment Inspection Section

End

LIST OF EIS INSTRUCTIONS IN 2003 Number

Date

Subject

MI 2003/01

22 January

Application of the winter smog scheme

MI 2003/02

3 June

Adaptation of the quality manual for waste water sampling and measuring

MI 2003/03

24 October

Adaptation of the instruction regarding the implementation of the winter smog scheme

MI 2003/04

24 November

Acceptance by the EIS of experts on dredging sludge landfills, within the framework of section 5.2.4 of Vlarem II

MI 2003/05

2 December

Addendum to instruction MI 2002/06 â€“ directive regarding the evaluation of the presence of dangerous substances in discharged industrial waste water

MI 2003/06

9 December

Adaptation of the quality manual for waste water sampling and measuring

High-quality sampling and measuring

The process step 'On-site observations' constitutes an important part of the 'Inspecting and taking measures' process. One of the many facets within this process step is sampling and measuring. 2001 saw the start of the drawing up of a quality manual for sampling and measuring. The sampling and measuring of waste water was the first subject to be tackled. Besides a general procedure for document management, four procedures were issued for sampling water via spot samples or (time- or flow-related) samples, for the use of recipients and preservatives, for the on-site measurement of pH and temperature and for the on-site measurement of the flow rate. A procedure for the operation, calibration

The quality manual describes the measurements in situ (here: pH- and temperature measurement)...

and maintenance of pH meters was also drawn up and the associated forms created. The quality manual was drawn up by VITO in consultation with an EIS steering committee, which constantly tested the proposals against the experience built up within the EIS. The draft procedures were tested in practice and adjusted where necessary. At the end of 2001 a training day was held to explain the theory and the practical use of the quality manual to all the environmental inspectors of the EIS. In May 2002 the staff meeting approved the final version of the quality manual for waste water sampling and measuring and decided that it should be fully implemented as of 1 September 2002.

â€Ś and sampling (including the sealing of samples).

At the end of 2002 all local services were submitted to a first internal audit. In 2003 the points requiring special attention were discussed in the Water working group resulting in an action plan containing measures for correction and remediation. A proposal was launched at the same time to adapt the existing procedures. The action plan and the adapted procedures were approved by the staff and are implemented by all the environmental inspectors. Due to budgetary restrictions it was impossible to carry out a new audit in 2003. The new audit is scheduled to take place in the first months of 2004. The existing procedures were however evaluated resulting in minor adaptations at the end of 2003. In 2002 four technical procedures for waste sampling were drawn up to complement the quality manual. The first procedure describes general key concepts with regard to waste sampling. For certain specific effluents the practical sampling method was described 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 and viscous waste. In 2003 these draft procedures were put to the test in practice and where necessary adjusted. At the beginning of June 2003 the staff meeting approved the final version of the quality manual for waste sampling and measuring. In order to be able to fully implement the procedures, all environmental inspectors will get the opportunity to learn them during a training course. Due to budgetary restrictions this training could not be organised in 2003 and was postponed to the beginning of 2004. Implementation is scheduled as of 1 June 2004.

The procedures for sampling of waste substances were tested in practice and adapted where necessary

When drawing up and introducing the quality manual for sampling and measuring, the introduction in the medium term of a comprehensive quality system at the EIS has been taken into account. One of its requirements is the carrying out of internal audits. Such audits and the follow-up of the remarks contained in the audit report are indispensable to a quality system and are intended to keep the system at the same level and to improve it continuously. In 2003 the procedure for carrying out internal audits was integrated in the global quality manual for sampling and measuring.

7.3. Quality assurance external service providers In the past the EIS noticed that when measuring emissions on its own behalf or on behalf of the companies, a number of certified air pollution laboratories sometimes trifled with the regulatory standards for sampling waste gases. When determining the flow or the dust content they often omitted to scan the chimney diameter. Considering the significance of the outcome of the measurements with respect to enforcement, it is very important to the EIS that emission measurements are conducted precisely and thoroughly. In this respect, sampling is the most critical and less controlled step. Until 2001 the system for certifying air pollution laboratories only required an audit of their procedures and an investigation into the precision of their analyses at the time of their application for certification. Certified laboratories were not checked as to their sampling methods and once they had been certified, there was no active follow-up of their methods for on-site measuring. Based on these experiences, the EIS in 2001 asked VITO, in its capacity of air pollution laboratory of reference, to initiate an active quality control in the field. By way of trial, VITO conducted a limited number of audits in 2001 during emission measurements by certified laboratories. In the fall of 2001, all certified laboratories were informed of its findings. These so-called â€˜patrol inspectionsâ€™ were continued in 2002. VITO selected five laboratories for an on-site audit. Furthermore, since 2002 VITO has also inspected the laboratoriesâ€™ sampling methods when investigating them as a result of an application for certification. Upon instruction of the EIS, in 2002 VITO also conducted an on-site audit during emission measurements by the two certified laboratories with which the EIS has a contract. The purpose of these audits was to conduct an on-site inspection and to evaluate the reporting method of these certified laboratories.

2003 Environmental Enforcement Report of the Environment Inspection Section

Both audits took place in the second half of 2002. There seemed to be a clear evolution towards improved quality with regard to equipment, competence of the staff, calibration and reference materials for measurements with continuous monitors. Yet a number of serious deficiencies were observed which had a direct impact on the quality of the results and which needed to be corrected immediately. They included infringements on the standard measuring procedures, nonperformance of leak detection tests, carelessness in registering primary data during sampling so that these data could not be verified or proven afterwards, and omissions of data in the report, which are essential for the evaluation of the quality of the measurements. At the end of 2002 the EIS sent the audit reports to the laboratories involved with the request to propose – within a month – corrective measures for all comments in the report and deadlines for their implementation. Both laboratories reacted within the set period of time. By order of the EIS, VITO assessed the completeness and the actual implementation of these corrective measures in 2003. When approving such an action plan, ISO standard 17025 is used as a reference. The period of time in which a laboratory undertakes to remedy the shortcomings is of major importance and must be in accordance with the gravity of the shortcoming. Upon instruction of VITO some proposed remediation deadlines were changed in the action plans. VITO also checked the actual implementation of the corrective measures that had to be taken immediately or within a relatively short period of time. To this purpose it for example asked the laboratories for certain internal measuring procedures in order to check whether they had been adapted to the measuring standard. Minutes of internal meetings were also checked to see whether the people carrying out the measurements had been adequately informed about the modified measuring procedures. VITO furthermore verified the completeness of the measuring reports of certain new measurements carried out by the laboratories, focussing on whether they contained enough information about the calibration procedure, the situation and the shortcomings of the company’s measuring devices, if any, and about the production standstill calculation method. By mid-2003 both audit files were closed. According to the final assessment the most urgent corrective actions had been carried out meticulously and the other actions were adequate, adequately documented and had realistic and acceptable implementation deadlines. It goes without saying that the EIS will order future assessments of the acquired quality improvement and of the corrective measures still to be taken.

Assigned by EIS, VITO did a few audits at recognised air laboratories

sample waste water by order of the EIS. These audits will take place at the beginning of 2004 and regard spot sampling as well as flow-related sampling. By auditing its own environmental inspectors as well as its external service providers the EIS expects that all sampling to verify compliance with the environmental health legislation will present the highest possible degree of uniformity and quality.

8. Organisational changes It is every government’s challenge to continuously improve its service provision to the public and to organise its operation in such a way that it can easily respond to new challenges. The Flemish government as a modern organisation also wants to take up this challenge. The ‘Key Tasks Debate’ on the one hand and the ‘Better Administrative Policy (BAP)’ on the other hand are two important instruments to succeed in this objective. The consequences of this administrative innovation process on the EIS are explained below.

8.1. Results of the Key Tasks Debate The objective of the Key Tasks Debate was to reach agreement via mutual consultation and dialogue on the best possible way to organise the Flemish administration by a clear division of competences and tasks between the three directly elected government levels in Flanders: the Flemish government, the provinces and the municipalities. Its main aim was to provide the public with a more transparent and more accessible administration.

At the end of 2003 the EIS asked VITO to carry out on-site audits at the three certified laboratories that

Organisation

The Key Tasks Debate dealt with two main questions: 1. Which tasks are of public interest and must conse quently be carried out by the government? This required a critical reflection on government tasks in general. 2. Which directly elected government level has competence over these key tasks?

c. The original proposal of the Flemish region to allot tasks to the provinces in organising supervision was abandoned. This means that the regulations containing the current division of tasks between the region and the municipalities with regard to the supervision of objectionable establishments remain unchanged. 2. Policy implementation

Political representatives of the three government levels held the Key Tasks Debate from December 2001 till April 2003. They met in ten different working groups, each presided by the competent minister. One of these working groups dealt with the ‘Environment and Nature’ policy area. The results of the Key Tasks Debate and the practical agreements on its implementation were integrated in the ‘Administrative agreement between the Flemish, provincial and local government levels on an efficient and citizen-oriented Flemish administration’ of 25 April 2003. The following elements of the agreement are of relevance to the enforcement of the environmental health legislation:

1. Policy preparation & regulations at Flemish level

a. The region will continue to improve the quality and the enforceability of environmental law. b. The region is working on the replacement of the fragmented and outdated decretal rules on the enforcement of environmental law with integrated rules in the form of a Decree on the Enforcement of Environmental Law: - The Enforcement Decree must provide the necessary instruments allowing the Flemish region to ensure that the municipalities carry out the tasks entrusted to them in a satisfactory manner. Besides stimuli the Decree will also provide for financial sanctions (e.g. a reduction of resources received from the Municipalities Fund). Every citizen will also be entitled to make a well-motivated appeal to the government to give a decision on the necessity of sanctions if he/she can make a reasonable case for a violation. Especially in view of the quality assurance of the enforcement, high supervision and compulsory training (possibly in an adjusted form) are maintained. In addition, preventive inspections will from now on be planned in advance. - The Enforcement Decree must allow the imposition of appropriate sanctions and measures for each violation (proportionality principle). This requires a modernisation and enlargement of the current range of sanctions.

a. The region and the municipalities have both noticed that they need more resources if their enforcement policy is to be convincing, especially the preventive enforcement. As the introduction of the system of global conditions has resulted in a decrease of resources required for licence issuing, these will be invested in enforcement. b. Carrying out the inspection tasks: although the division of the inspection tasks between the region and the municipalities has not changed, their practical execution has: - The municipalities must fully ensure the reactive inspections (in response to complaints) at every location. - The municipalities will spend more time on preventive, systematic enforcement. The municipalities and the region guarantee a minimum level of preventive inspections for all categories of establishments all over the territory. The minimum level applies to the quality as well as to the frequency of the site visits. For this and other tasks the municipalities will require support from the region. - The co-operation between the regional and municipal level will proceed via a network co-ordinated by the regional services (see agreement). This network will play a role in inspecting the objectionable establishments and enforcing offences in the open countryside. - The municipalities will ensure that the local police forces co-operate with the region and the federal police forces in adequately inspecting waste and manure transports and in verifying compliance with for example CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora). They will also put work in the enforcement of offences in the open countryside. - The municipalities and the region must also put work in making a distinction between policy implementation (i.e. licence issuing) and enforcement; this requires structural consultation and co-ordination between implementers and enforcers. - Every endeavour must be made to further separate inspection and investigation tasks without creating practical problems. The role the different police zones can play in enforcing environmental law in general and in carrying out administrative

2003 Environmental Enforcement Report of the Environment Inspection Section

inspections in particular must also be further examined.

In the autumn of 2003 Aminal drew up a draft proposal in order to implement the results of the Key Tasks Debate with regard to the ‘Environment and Nature’ policy area including ‘Enforcement’ and to render them permanent.

3. Flanking and supporting policy

8.2. Better Administrative Policy (BAP) a. To ensure proper information gathering and management the region must create and manage a central database in which municipalities, provinces and the region should store their enforcement information. Everyone who requires this information to carry out his/her task must be granted access to this database. b. Enforcers should be able to operate independently when carrying out supervision tasks. To that purpose they need a clear status. The power to determine enforcement priorities does however remain in the hands of the political authorities. 4. Transports and offences in the open countryside

a. Transports: the Key Tasks Debate did not change the division of tasks and competences between the different government levels. Pursuant to the BAP a regional competence reshuffle is however scheduled. Waste and manure transports, previously within the competence of OVAM and the Manure Bank respectively, now both fall within the scope of authority of the new ‘Enforcement’ entity within the future ‘Department’. Pursuant to the BAP it is necessary to verify which decrees need changing (waste decree, manure decree) and which implementing orders need adjusting. b. Offences in the open countryside: there are no changes to the current division between the different government levels, in order words the regional level as well as the municipal level (local police force) and the federal level (federal police force) maintain their enforcement competence with regard to offences in the open countryside. The same applies to the special keepers appointed by the provincial level (governor). Pursuant to the BAP the enforcement of offences in the open countryside on the regional level is to a large extent transferred from the current ‘Nature’ departments within Animal to the new ‘Enforcement’ entity within the future ‘Department’. The future ‘Forest and Nature Management’ agency will limit itself to police action in case of violations within the territories it manages. Pursuant to the BAP it is necessary to verify which decrees need changing (waste decree, manure decree, forest and nature decree, soil sanitation decree) and which implementing orders need adjusting.

As all other sections within the Ministry of the Flemish Community, the EIS also underwent BAP inspired changes in 2003. The following decisions taken by the Flemish government were of relevance to the ‘Environment and Nature’ policy area and in particular to ‘Environment and Nature Enforcement’. Quote: - The first important modification regards the joining of the enforcement of environmental health and the enforcement of forest and nature management. To ensure efficiency it has however been provided that the executive bodies will be involved in the enforcement of offences in the open countryside and that the supervision of the own territories will remain in the hands of the divisions of Nature and of Woods and Greenery respectively. - The entire enforcement steering will be entrusted to the subentity ‘Environment and Nature Enforcement’. - The current mission of the EIS is still strongly focused on the carrying out of inspection tasks at category 1 establishments. For several reasons the enforcement entity’s mission will have to be extended quite significantly in the future. In order to carry out these tasks in a satisfactory manner, it is in many cases preferable that they are carried out by an entity positioned within the department. These tasks include: • policy preparation with regard to the enforcement policy (including systematic approach); • contributing to the general policy preparation (including giving advice on policy feasibility and enforceability); • elaborating working methods for the actual execution of the inspection tasks; • establishing an environment inspection plan (EIP); • informing the local enforcement officers about the inspection policy and methods; • supervising local enforcement (also in view of compliance with the equality principle); • central gathering and management of data and information relevant to enforcement; • giving feedback to the other entities within the policy area (on a regional level) to contribute to the optimisation of the rules; • contributing to the international and European policy on the enforcement of environmental law and following up international enforcement trends;

Organisation

In the BAP-reorganisation, the enforcement of environmental hygiene… … and environmental control is combined.

• intraregional, interregional and supraregional co-operation with other (environmental) actors; • co-operation with external experts having a very specific technical knowledge; • co-ordinating the environmental enforcement with other actors such as the Natural Resources and Energy Section (ANRE), the Preventive and Social Health Care Section (Health Inspection), the regular police forces (especially the federal police) and the legal institutions in order - amongst other things - to reach complementarity between enforcement under criminal and administrative law. - The enforcement entity must play a role in the policy cycle. This implies that the enforcement priorities must also be determined by other parts of the administration and that vice versa the enforcement entity must draw lessons from all its activities in view of policy preparation and execution. - As was largely the case with regard to licensing, enforcement is currently also evolving towards comprehensive company enforcement. This means that during inspections attention is decreasingly devoted to specific environmental aspects and increasingly to the entirety of a company’s environmental aspects. Consequently, the enforcement entity should work in an integrated manner drawing on the specialist technical knowledge on these environmental issues, which pursuant to the BAP rests with the internal and external independently operating agencies of the environ-

2003 Environmental Enforcement Report of the Environment Inspection Section

ment policy area. To this purpose the enforcement entity should preferably be part of the department. - According to the coalition agreement, environmental enforcement will in future years have to be organised systematically. - It is clear that many other actors play an important role in enforcement in general (Public Prosecutors, federal Minister for Justice, local and federal police forces…) and in administrative enforcement in particular (municipalities & local police forces, currently also responsible for supervision of category 2 and 3 establishments, and in the future maybe also the provincial authorities). There is need for a central enforcement entity controlling the other administrative enforcement officials within the region and ensuring that everybody is treated equally. To play this controlling role with more credibility, the enforcement entity should be part of the department. A similar remark applies with regard to the role of consultative body and co-ordinator that the enforcement entity must play in its relations with the enforcement actors in general. - The final piece of a well-considered policy is a uniformly executed enforcement. The enforcement entity must be able to function relatively independently with respect to other parts of the ministry and with respect to the other ministries. There is a direct information duty to the minister who, as he bears final responsibility, has the possibility to steer things. - Not all enforcement tasks within the ‘Environment and Nature’ policy area can be performed by the central enforcement entity. Other entities within the ‘Environment and Nature’ policy area will be entrusted with specialist supervision tasks (and possibly also with continuous enforcement tasks). For reasons of efficiency the entity responsible for collecting waste water taxes (who also receives the related tax declarations) should for example also be responsible for supervising compliance with compulsory taxation as this supervision is closely connected with the verification of the declarations. There must however be a central enforcement entity co-ordinating all entities responsible for performing administrative enforcement tasks and reporting on these tasks to the minister. - In order to fully ensure neutrality, ‘Environment and Nature Enforcement’ will have direct access to the minister with regard to the carrying out and the results of the inspection tasks. - This subentity is to keep its local services.

To give shape to this reorganisation several working groups made a start on the preliminary activities for the establishment of the new ‘Environment and Nature Enforcement’ entity (ENE) at the end of 2002. This new entity will in the near future centralise the majority of the enforcement tasks that are now being carried out by the EIS, OVAM, VLM and the Woods and Greenery Section and the Nature Section. A lot of time and effort went into the supply of the requested input. A new organisational chart has been drawn up for the new ENE entity. An appropriate vision, mission, values and critical success factors have been laid down. Long-term objectives have been set. Job descriptions and competences have been adapted, processes elaborated and described. All required co-ordination within the ‘Environment and Nature’ policy area and with other policy areas has been described. The same has been done for the required co-ordination with other government levels. To allow the new ENE entity to perform its tasks in an efficient manner, the current supervision actors (EIS, OVAM, VLM, Woods and Greenery and Nature) have calculated that this entity should have 422.9 FTEs at its disposal. On 31 May 2003 the number of available FTEs within the EIS only amounted to 106 FTEs and to 7.9 FTEs within Eco-Management. Together merely a quarter of the total number required. If the ENE entity is to have a sufficient number of high-quality staff members from the start, a wellconsidered and substantial personnel transition from the existing supervisors to the new ENE entity will be required. It is also absolutely certain that a large number of highly skilled people will have to be recruited, if the new entity is to carry out its sizeable tasks in an efficient manner. It is remarkable that, in spite of the Flemish government’s intention to organise the Flemish administration in such a manner that it is more efficient and more transparent to the public, it was decided to position the new ‘Environment and Nature Enforcement’ entity within the department, while similar inspection services such as the ‘Welfare and Public Health Inspectorate’ and the ‘Town and Country Planning, Housing, Monuments and Landscapes Inspectorate’ were given a more autonomous and independent position outside the department and were turned into internal operationally independent agencies.

Unquote.

Organisation

The first part of this chapter presents an overview of the EIS personnel. The number of full-time equivalents (FTE) rose slightly in 2003 for the third year in a row, after years of decreasing personnel figures. Obviously this limited recruitment is still a drop in the ocean: after twelve years in existence the EIS has still not succeeded in inspecting all category I establishments in Flanders, which have a potential high impact on the environment, even once. Further on in the chapter, a description is given of the personnel policy pursued by the EIS and of its constant endeavours to train its entire staff. Finally, the chapter gives an overview of the financial resources available to the EIS and we take a brief look at the electronic follow-up system of the EIS.

PERSONNEL, TRAINING AND RESOURCES 1. Personnel The total number of staff at the end of 2003 was one less than at the end of 2002. The number of FTEs however rose by 1.8 units. At the end of the year 2003, the EIS had a staff of 118. Taking into account career breaks and other forms of part-time work, this amounts to 110.4 FTEs. 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. The level A and B statutory officials are environmental inspectors (86.4 FTEs). The level C and D officials have a supportive administrative function (24 FTEs). The figures represent the situation on 31 December 2003. In 2003 5 members of staff took voluntary early retirement as they had requested at the end of 2002. Voluntary early retirement was taken by three level A environmental inspectors, one level B environmental inspector and one level C employee. One level A environmental inspector retired.

A distinction is made between the following four levels:

university education and higher education (long type) assimilated to university education

higher education (short type) or education assimilated to that level;

completed secondary education or education assimilated to that level;

three years of secondary education, education assimilated to that level or no academic qualifications.

Personnel, Training and Resources

STAFFING A2A

Inspectorate-general Chief Inspectorate Local service Antwerp Local service Limburg Local service East Flanders Local service Flemish Brabant Local service West Flanders

Total

A2A

1 12 15,5 9 9 4 12

62,5

1 1 1

0,5 2

1 2,5 6,5 4 7 5 2

1 1

2 1

24,5

8,5

Total

3 2 3

3 16 27 18 21 14 19

11,5

118

Total

1,0 1,0 1,0

0,5 1,9 1,0 3,0 1,8 2,0

2,9 15,9 23,3 16,8 20,2 13,8 17,5

3,0

10,2

110,4

1 3

STAFFING IN FTE Inspectorate-general Chief Inspectorate Local service Antwerp Local service Limburg Local service East Flanders Local service Flemish Brabant Local service West Flanders

1,0

Total

1,0

1,0 1,0 1,0 3,0

1,0 12,0 13,8 8,5 8,4 4,0 12,0

0,9 2,4 0,8

59,7

0,8

4,6 3,5 6,8 5,0 2,0

1,0

2,0 0,5

21,9

3,0

7,8

2,0 1,0

NEW AT THE EIS Date

Name

Rank

Service

Nature

28.04.03

Tim Stok

Local service Flemish Brabant

Replacement career break

01.06.03

Tanja Verschaeren

C1/D1

Chief Inspectorate

Replacement career break

01.07.03

Carine Baert

Local service East Flanders

Internal mobility

01.09.03

Leentje Timmerman

Local service Limburg

Job change

01.10.03

Geert Keppens

Chief Inspectorate

Recruitment (internship)

13.10.03

Karel Debeuf

Local service West Flanders

Recruitment (internship)

01.11.03

Anja Van der Auwera

A1/B1

Local service Antwerp

Replacement career break

01.11.03

Peter Brien

Local service Limburg

Recruitment (internship)

01.11.03

Greta De Maesschalck

Chief Inspectorate

Recruitment (internship)

08.12.03

Tom Maes

Local service Limburg

Recruitment (internship)

LEAVING THE EIS

Date

Name

Rank

Service

Nature

14.03.03

Dries van den Brempt

Local service Flemish Brabant

End replacement career break

01.05.03

Mieke Verleysen

C1/D1

Chief Inspectorate

Voluntary redundancy

01.05.03

Marie-Louise Roegiers

Local service East Flanders

Holiday prior to retirement

01.07.03

Jacques Suys

Local service Flemish Brabant

Holiday prior to retirement

01.07.03

Jacqueline Symoen

Local service Flemish Brabant

Holiday prior to retirement

01.07.03

Robert Stox

Local service Limburg

Holiday prior to retirement

01.07.03

Marc Vaes

Local service East Flanders

Holiday prior to retirement

01.09.03

Stijn Sijsmans

Local service Flemish Brabant

End replacement career break

01.10.03

Raymond Colle

Local service East Flanders

Retirement

01.12.03

Tim Stok

Local service Flemish Brabant

End replacement career break

2003 Environmental Enforcement Report of the Environment Inspection Section

SUMMARY OF THE DISTRIBUTION OF PERSONNEL BY LEVEL

Level A | 58% Level B | 20% Level C | 10% Level D | 12%

SUMMARY OF THE DISTRIBUTION OF THE NUMBERS OF FTES BY SERVICE

EVOLUTION OF THE NUMBERS OF FTES AT THE EIS FROM 1995 UP TO AND INCLUDING 2003 120 100 80 60 40 20 0 1995

1996

1997 Total # FTEs

1998

1999

2000

2001

2002

2003

# FTE environmental inspector

Personnel, Training and Resources

Staff photos

Inspectorate-general and Chief Inspectorate Top row left to right: Nathalie Janssens, Filip Franรงois, Tanja Verschaeren, Hedwig Stylemans, Koen Mandonx, Robert Baert, Geert Keppens, Chris Van Baelen, Guy Corbeel. Bottom row left to right: Daisy Van Calster, Inge Delvaux, Martine Blondeel, Ingrid Roels, Paul Bernaert, Greta De Maesschalck, Louis Daens, Hans Delcourt, Peter Schryvers, Paul Cuypers.

Local service Antwerp Left to right: Jan Valckx, Ann Van Deun, Christel Gernay, Linda Van Geystelen, Jos Moeskops, Anja Van der Auwera, Diane Haelwaeters, Chris Tackaert, Veerle Wiercx, Ludo Segers, Jo De Baerdemaeker, Ilse Colman, Els De Jonghe, Monique Dirickx, Ann Devisschere, Michael Allison, Hendrik Meulemans, Wilfried Biesemans, An Swinnen, Lieve Joos, Wilfried Van den Acker, Hilde Slosse. Absent: Anne Colman, Domien De Reyer, Lief Mannaerts, Gerard Pensaert.

2003 Environmental Enforcement Report of the Environment Inspection Section

Local service Limburg Left to right: Josse Cleven, Leentje Timmerman, Johan Ballings, Ann Janssens, Freddy Noels, Kaat Vanmeeren, Jan De Paep, Jos Tits, Josée Vanthienen, Rachelle Bervoets, Guido Gerits, Peggy Cloostermans, Sybille Vanderhenst, Rudi Rademaekers, Peter Brien. Absent: Tom Maes, Irène Poelmans, Peter Schoups.

Local service East Flanders Left to right: Luc Verhaeven, Wilfried Van Vaerenbergh, Peter Permanne, Myriam Macharis, Jef Algoet, Dony Vandormael, Peter Wesemael, Gert Govaerts, Carine Baert, Eric Ryckaert, Carmen Bauwens, Greet De Wandeler, Frans Van der Cruyssen, Marc Van Kerckvoorde, Pieter Van Cauwenberge, Els Van Bever, André Goossens, Frank Verslype, Paul Van Gijseghem, Antoine Verhelst. Absent: Luc Bevernage.

Personnel, Training and Resources

Local service Flemish Brabant Standing left to right: Jef Feyaerts, Wim Vermetten, Robert Dupont, Wilfried Nijs, Theo Strobbe, Marc Vanthienen, Mathy De Preter, Christiane Reinquin, Dirk Crivits, Liesbet Rommens. Sitting left to right: Mia Moens, Frans Van de Maele, Tina Poels, Philippe Verbecq. Absent: Carine Holsbeekx, Gert Van de Cauter.

Local service West Flanders Left to right: Henri Trypsteen, Robrecht Pillen, Marc De Vos, Godelieve Lust, Johan Corveleyn, Danny Deygers, Joke Lahousse, Godelieve Martens, Karel Vandamme, Marc Sevenant, Geert Van Landschoot, Georges Van de Walle, Guido Gheysen, Karel Debeuf, Peter De Neve, Roland Loontiens. Absent: Wim Delaere, Liliane Glibert, Lieven Windels.

2003 Environmental Enforcement Report of the Environment Inspection Section

2. Personnel policy (PLOEG)

3. Training activities

Every year, the staff members of the Ministry of the Flemish Community are submitted to an appraisal procedure. At the EIS a lot of work and effort is put into to this annual appraisal, which is part of the so-called PLOEG (a process which highlights the aspects of planning, leadership, follow-up, support and evaluation as well as making the participants feel valued). Such an appraisal is only useful if a number of important conditions are met. Firstly, everyone must be involved in the process and, secondly, a general climate of communication and feedback must be created.

3.1. Courses specific to the EIS

Every year the department formulates its objectives building on the results of the objectives of the previous year and taking into account new challenges. These departmental objectives are translated in cascade through the different administrations to all sections. Every member of the EIS receives personal objectives from his/her hierarchical superior. These are set out in a planning document. The appraisal procedure verifies whether and especially how the agreed results have been achieved. The appraisal report must be descriptive. Those who have performed exceptionally well receive a financial reward. The Flemish civil servants’ status provides for a performance bonus in this case, but appreciation should not only take the form of financial compensation. Job satisfaction, a pleasant working climate and an open working relationship with one’s superior are certainly also extremely important. In case of poor performance, the staff member’s work can be judged insufficient and his/her career advancement can be slowed down. If the staff member’s performance is judged insufficient on two consecutive occasions, he or she will be dismissed on the grounds of professional unfitness.

These courses are fully in keeping with the strategic objective of 'permanent training' at the EIS: organising purposive further training for the staff of the EIS, so that the Section becomes the sole organisation responsible for an effective, professional, uniform, integral and steering environmental health legislation enforcement policy. The only training course the EIS was able to organise in 2003 for all its staff members was the third annual meeting of the Section. Due to budgetary restrictions, a number of scheduled initiatives were postponed to 2004. On 30 January 2003 the third annual meeting of the EIS took place in the ‘Provinciaal Hof’ in Bruges. In this grand and elegant building all the EIS staff members were welcomed by the Head of Section. The annual meeting was entirely dedicated to the presentation of the 2003 environment inspection plan. The start of the new working year was the ideal moment to present the different parts of the EIS inspection programme and their objectives to all members of staff. It also meant a further step in the process towards uniform enforcement throughout Flanders. In their speeches the working group moderators commented on the inspection campaigns contained in the 2003 EIP while some heads of service explained the routine inspections, the reactive inspections and the EIP in general.

At the beginning of 2003, the performance in working year 2002 of all the staff of the EIS was appraised. All the staff members of the EIS feel closely involved in the entire organisation and are giving the best of themselves. This effort was rewarded in the form of performance bonuses given to 19 EIS officials: ten level A officials, three level B officials, two level C officials and four level D officials. This performance bonus was equal to between 3% and 10% of the annual salary. No staff member’s performance was judged insufficient.

After the Head of Section’s closing speech everyone enjoyed a convivial lunch in the presence of a leading Aminal official and the annual meeting ended with a guided tour in the historical heart of Bruges.

subsequently disseminate this information within the Service so that the environmental inspectors can use it when carrying out their various tasks.

3.3. Training for the Seveso team 3.2. Individual training The staff members 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 courses is a development-oriented annual arrangement for the staff. While IT training features frequently, the staff members also attend other training sessions (PLOEG training courses, courses for trainees etc.). In addition, many members of the EIS’s staff participated in external workshops or symposia, not only in Belgium but also abroad. The aim of these initiatives is to monitor developments within the environmental sector and to

For inspections at so-called Seveso companies a multidisciplinary team was created via internal reorganisation and recruitment within the EIS. Because this is a complex area, the team members had to meet additional qualification requirements: they must dispose of a prevention adviser level 1 certificate or be prepared to attend the relevant training. By the end of 2003, seven members of the team had obtained the certificate. Two of them successfully defended their thesis in 2003. At the end of 2003 another team member was still in training.

ATTENDED WORKSHOPS Subject

Organiser

Location

Date

Tolerate and mediate in matters of administrative law

Die Keure

GrootBijgaarden

24 April

Uncontrolled emissions

KVIV

Antwerp

15 May

Waste management

VUB

Brussels

15 May

Framework Directive on water –

KVIV

Antwerp

20 May

Internet and e-mail use and

Koninklijke

Brussels

22 May

supervision in the public sector

Vlaamse Academie

Odour pollution

KVIV

Antwerp

4-5 June

Consequences of order 2003/1 (earth moving)

LIN

Antwerp

19 June

Kluwer Opleidingen

Antwerp

7 October

VUB

Brussels

27-28

current situation in Flanders

on your job Problems related to the collection of fire-fighting water: do you know which type of collection system you should have? 24th international seminar on waste management

November Biomonitoring of our environment: do different

RUG

Ghent

3 December

Disconnection policy and P companies

VITO

Mol

4 December

Water problems in the Flemish textile industry

Centexbel & Febeltex

Nazareth

8 December

Environment and health

All Belgian Ministries of

Brussels

17 December

measurements enhance our knowledge?

the Environment

2003 Environmental Enforcement Report of the Environment Inspection Section

For the control of liquid fuel storage depots, an integrated safety-environmental questionnaire was developed.

One thesis gave an important impetus to the development of an inspection instrument for assessing emergency planning. Emergency planning is the process of preparing, formulating, practising and managing an emergency plan. The co-operation agreement on the control of major-accident hazards involving dangerous substances aims at the prevention of major accidents that involve dangerous substances and consequently imposes a very strict safety policy on the Seveso companies. It also takes into account that an accident might occur even if every possible prevention measure has been taken. In this case the operator must be able to provide sufficient resources, manpower and know-how to efficiently and effectively control the accident and to limit damage to human beings and the environment in co-operation with the competent authorities.

are furthermore limited in size and their environmental and safety level is often low or badly structured. The inspection instrument is intended for inspectors having a general knowledge on safety and environmental issues. It allows them to identify the dangers for human beings and the environment and to check whether the necessary measures have been taken to prevent major accidents and to limit the risk of (major) accidents to an acceptable level. Special attention is in this context devoted to sector specific problems and to the storageâ€™s integrity control by means of organisational and technical measures.

The inspection instrument will allow the EIS to assess the companiesâ€™ emergency planning. It consists of five parts: objective and scope of the emergency plan, the preparatory stage, the actual emergency plan, practising and adapting the emergency plan. Every part checks, via open questions, the emergency planningâ€™s quality. In the other thesis a questionnaire was developed for a specific group of Seveso companies, i.e. liquid fuels storage installations. These storage installations usually form a separate entity characterised by specific problems: frequent transhipments, the combination of inflammability or combustibility and ecotoxicity and the frequent collaboration with third parties. Most of these companies

Personnel, Training and Resources

4. Use of financial resources 4.1. Laboratory costs To support its key process â€˜Inspecting and taking measuresâ€™, the EIS has concluded agreements with accredited laboratories for the measuring, sampling and analysis of different substances and emissions. Agreements have been 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, fertilisers and groundwater. For carrying out emission measurements on chimneys of incineration plants and processing installations,

an agreement has been concluded with two laboratories. One of the contracts includes dioxin measurements. Finally, an agreement has also been concluded for the examination of sewers and small pipe work, the so-called camera inspections. In addition to the general agreements mentioned above some other agreements were concluded for specific cases.

LABORATORY COSTS Waste water, cooling-water and surface water

Local Local Local Local Local Total

service service service service service

Antwerp Limburg East Flanders Flemish Brabant West Flanders

Amount in Euros

138,698.11 133,496.88 149,404.61 142,096.39 204,802.46 768,498.45

Soil, waste, fertilisers and groundwater

Local Local Local Local Local Total

service service service service service

Antwerp Limburg East Flanders Flemish Brabant West Flanders

90,679.87 52,930.57 87,975.51 52,873.53 73,687.13 358,146.61

Emission measurements

Ad hoc emission measurements parcel I Ad hoc emission measurements parcel II Total

216,596.55 86,310.44 302,906.99

Camera inspections

Camera inspection in Sint-Truiden Total

1,913.69 1,913.69

Specific files

Emission measurements for dioxin-like PCBs Audit water laboratories carrying out assignments for the EIS Creation of an assessment framework for the colour of waste water Total

149,362.40 7,260.00 29,415.10 186,037.50

Total

1.617.503,24

2003 Environmental Enforcement Report of the Environment Inspection Section

4.2. Investigation costs In certain circumstances it is also necessary to have additional investigations carried out by specialised laboratories or experts, including non-standard analyses or assessments of the environmental impact of a specific company. These investigations are carried out to help or to inform the EIS. In addition to these investigations specifically aimed at one or at a number of companies, a number of general research assignments were also completed. Laboratory and research costs are recorded in a single budget item (no. 16111262). The total amounted to 100% of the available financial resources.

In 2003 three files were recorded on the budget of the MINA Fund.

4.3. Operating costs To ensure the proper operation of the Section, the EIS disposes of a number of financial resources enabling it to make the necessary purchases. In 2003 the sum of 186,367.41 Euros was used for general operating costs. These include the maintenance, fuel consumption, repair and leasing of the service vehicles.

INVESTIGATION COSTS Odour investigations

Amount in Euros

Odour investigation in Ghent Odour investigation in Buggenhout Odour investigation in Maasmechelen Total

86,865.90 41,040.78 78,946.45 206,853.13

Safety audits

Safety audit in Zeebrugge Safety audit in Antwerp Total

15,282.30 23,280.40 38,562.70

Acoustic investigations

Zaventem airport Zeebrugge container port Total

9,438.00 11,568.00 21,006.00

Investigations into groundwater pollution

Two landfills, province of East Flanders Landfill, province of Limburg Total

48,825.92 24,058.43 72,884.35

General research assignments

Support quality manual for sampling and measuring waste and audit Total

15,190.58 15,190.58

Recorded on the budget of the MINA fund

Sampling and analysis of CFCs Survey on the use of ozone depleting substances in Flanders Leakage tests cooling plants

12,227.05 5,983.45 18,840.55

Total

37,051.05

Total

391.547,81

Personnel, Training and Resources

EIS concluded agreements with recognised laboratories for measuring, sampling and analysis of all kinds of substances and emissions.

The sum of 145,763.53 Euros was used 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 service vehicles for the personal protection of the environmental inspectors; - purchase of protective clothing for the environmental inspectors.

Finally, for 2003 a budget of 349,000.00 Euros was provided for the purchase of durable material: pH meters, mobile phones and cameras (to replace old and faulty cameras). In 2003 only 23,241.56 Euros of this sum was used. Of this budget the sum of 312,500 Euros was provided from replacing the service vehicles of construction year 1993 and 1994. Due to budgetary problems it was impossible to proceed to the very urgent replacement of 18 service vehicles. This purchase was postponed to 2004.

The maintenance, fuel consumption, repair and leasing of service vehicles demands quite some money.

5. File follow-up system Since 1 January 1998 the EIS has been using a computerised system to register, follow up and deal with environmental files and to plan and report on the activities. In our strive for increased uniformity and dictated by the continuously increasing demand for more detailed information, a project was started in 1999 to convert this system into a client server database that can be used by all the Section’s officials. Due to problems with the Ministry’s informatics outsourcer this relatively large project was only implemented in 2003. Due to insufficient support, some major problems at several local services still remain unsolved. The system is used to bundle information on companies that are subject to the licensing requirement. It contains information provided by third parties such as licensing decisions, complaints, marginal notes from the Public Prosecutors and letters from companies. It is also used to store a lot of information on the activities the environmental inspectors perform at these companies. They include inspections, sampling, official reports and administrative measures. It also contains certain basic data such as lists of all the Flemish cities and towns, lists of public services, personnel lists and waste and waste water analysis parameters.

At a higher level, information is also gathered on the activities of the entire Section. They are not only useful for establishing this report, but also form the basis for the establishment – and at a later stage the evaluation – of the annual environment inspection plans. In the near future the file follow-up system will be extended with an existing template system. These documents were laid down in a code of good practice, so that every environmental inspector has a uniform set of standard letters at his disposal to deal with his files. Further adaptations must ensure that the system’s users have access to a data package that is as complete as possible and is continuously extended without rendering it inconvenient. It must be possible within the EIS to have easy access to the information contained in the system.

Several documents can be linked to the system (e.g. inspection reports, official reports and licences) providing the basis for electronic files. At a later stage other digitalised documents such as written complaints and exhortations emanating from the environmental inspectors will be linked to the system. The system’s main objective is to facilitate file follow-up by the environmental inspectors. They can get an idea of the current state of affairs in several ways. There are for example reports showing at what stage of the enforcement instrumentarium a file is at a certain time. Other surveys provide the entire history of a certain company. It is furthermore also possible to generate reports of files still requiring follow-up. These can be helpful to the environmental inspectors when planning their inspections. The system has recently been adapted to allow a closer follow-up of the Section’s dealing with complaints.

EIS used a formatted system for registration, follow-up and completion of dossiers, and for planning and reporting on activities/

Within the framework of the contracts with the accredited laboratories that carry out analyses for the EIS, a small Excel application has been developed. It allows these laboratories to report on the analysis results and the expenses. The analysis results can then be inputted in the file follow-up system. These results combined with the discharge licence data in turn provide an overview of the company’s discharge situation, forming a further step towards entirely electronic files.

Personeel, vorming en middelen

The 2003 Environment Inspection Plan (EIP) was the seventh annual plan drawn up by the EIS. The planned carrying out 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 contains all the sectionâ€™s activities in respect of the â€œInspecting and taking measuresâ€? process, which we will now simply refer to as inspection activities. In this way the EIS is trying to bring its approach in line with European inspection requirements for high-risk establishments having an significant impact on the environment and tie it in with the policy aims of the Flemish government and the Flemish Minister for the Environment, i.e. preference for a systematic approach over and above chance hits on an ad hoc basis.

2003 ENVIRONMENT INSPECTION PLAN 1. Compilation of the 2003 EIP 1.1. Purpose of the Environment Inspection Plan Since quite a while the EIS has been convinced that using a systematic approach is the best way to ensure enforcement. This EIP sets out to cover all inspection activities of the EIS and to quantify the budget and manpower. There are several reasons for this. On the one hand there is the policy of the Flemish Government imposing that all enforcement activities be based on a thorough understanding, whereby the supervision of compliance with environmental legislation evolves from incidental inspections to systematic enforcement. This can be done by using annual enforcement programmes, in which the priorities for a specific working 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 providing for minimum criteria for environmental inspections in the Member States (2001/331/EC)'. This Recommendation originated with the co-operation of the IMPEL enforcement network, and clearly indicates the minimum criteria to be met by environmental inspections. Minimum criteria for environmental inspections According to the Recommendation, environmental inspections should be carried out in the Member States according to minimum criteria to be applied in the organising, carrying out, following up and publicising of the results of such inspections, thereby strengthening

compliance with, and contributing to a more consistent implementation and enforcement of Community environmental law. In the Recommendation a lot of attention is devoted to the establishment of plans for environmental inspections by the Member States that are to demonstrate that all environmental inspection activities are planned in advance. Such plans should also be available to the public. The plans may be established at national, regional or local level, but Member States should ensure that the plans apply to all environmental inspections of controlled installations within their territory. The plans for environmental inspections should be produced on the basis of the following: - the EC legal requirements to be complied with; - a register of controlled installations within the plan area; - a general assessment of major environmental issues within the plan area and a general appraisal of the state of compliance by the controlled installations with EC legal requirements; - data on and from previous inspection activities, if any. The plans for environmental inspections should be appropriate to the inspection tasks of the relevant authorities, and should take account of the controlled installations concerned and the risk and environmental impacts of emissions and discharges from them. They should also take into account relevant available information in relation to specific sites or types of controlled installations, such as reports and self-monitoring data from the operators and results of previous inspections. Environmental audit information and environmental

Environment Inspection Plan 2003

EIP anticipated in-depth and where possible, integrated controls in class 1-industries who were (potentially) strongly environmentally taxingâ€Ś

statements, in particular those produced by controlled installations registered according to the Community eco-management and audit scheme (EMAS) are another relevant source of information. Each plan for environmental inspections should as a minimum: - define the geographical area which it covers, which may be for all of part of the territory of a Member State; - cover a defined period of time, for example one year; - include specific provisions for its revision; - identify the specific sites or types of controlled installations covered; - prescribe the programmes for routine environmental inspections, taking into account environmental risks; these programmes should include, where appropriate, the frequency of site visits for different types of or specific controlled installations; - provide for and outline the procedures for reactive environmental inspections, in such cases in response to complaints, accidents, incidents and occurrences of non-compliance; - provide for co-ordination between the different inspection authorities, where relevant. In the 2003 EIP the EIS has observed most of the Recommendationâ€™s provisions with regard to plans for environmental inspections.

The Recommendation also contains a number of instructions with regard to the reporting on environmental inspection activities in general. The Recommendation states that the Environmental Enforcement Reports should be available to as wide a public as possible and include data about staffing and other resources of the EIS. It should also include summary details of the environmental inspections carried out, including the number of cases dealt with, and a summary of actions taken as a result of projects, actions, serious complaints, accidents, incidents and occurrences of non-compliance. This Environmental Enforcement Report attempts to meet these conditions..

1.2. Objectives of the EIP The EIPâ€™s objectives are pursued at several levels. Where organisation is concerned, the plan sets out to provide an effective, expert, uniform, integrated and steering approach to the inspections. The next most important objective relates to the efficacy of these inspections: in as far as possible the plan is required to provide in-depth and integrated inspections of category 1 establishments with a (possible) serious impact on the environment and/or constituting a safety risk to the environment. The selection of companies or sectors should also take account of environment reputations - have sufficient environment and/or safety measures been put in place in the past?

2003 Environmental Enforcement Report of the Environment Inspection Section

â€Ś and/or implied serious risks to the environment.

A final reason for establishing annual plans is managing the work volume and pressure. The EIS must indeed inspect a large number and a great diversity of establishments. A good annual plan should establish

priorities that help to manage the work volume and pressure, as the environmental inspectors are confronted with a long list of possible reasons for inspections:

POSSIBLE REASONS TO INSPECTIONS -

accident and incident reporting; actions in winter smog periods; verbal interpellations by the Minister; questions from the Flemish parliament; reactions to cabinet orders and complaints; acute complaints regarding category 1 establishments; other complaints regarding category 1 establishments; complaints in the context of the complaints decree (Flemish info line, internal complaints process, Aminal complaints manager or Flemish Ombudsman); - requests from the Public Prosecutor for technical expertise; - requests for advice relating to private water treatment facilities, EMAS and investment allowances;

- special licensing conditions, refused licences and trial licences; - official inspections; - high supervision; - marginal notes by Public Prosecutors in priority official reports written by the EIS; - marginal notes by Public Prosecutors in non-priority official reports written by the EIS; - marginal notes by Public Prosecutors in official reports not written by the EIS; - offences in the open countryside; - complaints concerning category 2 and 3 establishments and non-categorised establishments.

Environment Inspection Plan 2003

The EIP planned, amongst other, the control of discharge of wastewater,

air emissions, …

1.3. Establishment of the 2003 EIP

As its previous versions, the 2003 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 the EIS appealed to the sense of responsibility of all its internal services and personnel.

Preparations for the 2003 EIP already started in the summer of 2002. A draft plan was drawn up based on contributions made by all internal working groups, including proposals for defining routine inspection tasks, reactive inspections and the monitoring of file follow-ups. Many staff members contributed to the establishment of this document. The draft plan also contained most of the proposals from the Flemish Ministry of the Environment. The draft plan was thoroughly discussed during the second EIP seminar, which took place in Wenduine on 24, 25 and 26 November 2002 and was attended by 26 EIS officials. The seminar resulted in an elaborated and realistic proposal for the 2003 EIP. This proposal was discussed in detail and approved by the EIS staff on 19 December 2002. The 2003 EIP was then submitted to the Flemish Minister for the Environment. The EIS did not receive a formal response. An approval by the Minister would entail important political recognition, which would be beneficial to the EIP’s execution.

2. Description of the 2003 EIP As already mentioned in the first chapter, the raison d’être of the EIS is ‘to check and improve the quality of the environmental health policy and its implementation in order to maintain and, if necessary, improve the quality of the environment and to prevent pollution, damage and major accidents’. This raison d’être is translated into a number of tasks of which inspecting and taking measures are undoubtedly the most important. These two tasks also comprise the subject of the EIP. The EIS indeed considers enforcement, an indispensable part of the regulation chain, as its core task. 'Inspecting and taking measures' is the most important process within enforcement. Without enforcement the law usually remains 'just words on paper'.

2003 Environmental Enforcement Report of the Environment Inspection Section

waste (i.e. sludge from waste water treatment),…

and the storage of dangerous substances

2.1. Inspection activities

were for some reason or other not completed within the period set.

In the 2003 EIP we have attempted to estimate the time and resources required for all of the Section’s inspection activities. These activities are however numerous, complex and diverse In the EIP they are grouped according to nature and origin. The different inspection activities are defined below and are subsequently explained in detail in the next four chapters of this report. Specific enforcement campaigns

Specific enforcement campaigns are inspection activities carried out in a planned and co-ordinated manner. They are split into projects, actions and research assignments. Projects are single innovative entities having a well-defined content and clearly marked starting and finishing point. The working groups play a key role in the projects. The inspections can be raised to a higher level by using the expertise present in the working group, or by attracting external expertise, if necessary. The establishments or sectors selected must have a considerable impact on the environment and/or present important risks. Actions are co-ordinated tasks in a given sector. They are defined by the working groups and are usually executory in nature. The local services co-ordinate the carrying out and the reporting on the actions, while the working groups ensure the necessary support. Research assignments are used when the enforcement work of the EIS should be supported by scientific research. These research activities can be split into more general sector-related research, research within the framework of projects or actions and file-bound research aimed to advise and provide information to the EIS. The 2003 EIP also took account of the completion of projects started in previous years. For a number of these projects more than a year was needed; other projects

Specific enforcement campaigns concentrate on sectors with a high environmental relevance, a well-balanced division of files among the local services and a uniform strategy for the whole Flemish Region. Sector selection is guided by European directives (e.g. IPPC directive, Seveso II directive). We also aim to bring the activities in each of the environmental areas in line with each other, thereby creating integrated inspections. This is an explicit response to the objectives of the IPPC directive. Routine inspections

Routine inspections form the basis of the presence policy 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. A number of routine tasks relate to one specific environmental area. Routine sampling (waste, soil, groundwater, manure and waste water) and routine measurements (air, noise and vibration) are perfect examples. Other routine tasks concern the operation of objectionable establishments in general. Inspections following a licence refusal and the verification of special licensing conditions are just two examples. The decision whether or not to carry out a certain inspection rests with the environmental inspector. He must however consult with the Head of Section and act in accordance with the priorities or other arrangements. The routine activities also include the checking of the self-monitoring process. The environmental rules and regulations contain important provisions concerning this self-monitoring process. The EIS checks the information provided as well as the self-monitoring methods used by the companies. There is also room for ‘own initiative’ as it is extremely important that the EIP sets aside time for so-called official inspections on the environmental inspector’s own initiative.

Environment Inspection Plan 2003

Reactive inspections

Reactive inspections are carried out in response to an appeal to the Environment Inspection Section. Since no action can be taken until an appeal is made, it is extremely difficult to plan reactive inspections effectively. In the EIP, on the basis of information from previous years, an attempt has been made to estimate the time needed for actions in response to complaints, incident reports, requests for an assessment report in view of a trial licence, marginal notes from the Public Prosecutor, parliamentary questions, requests for advice (a file for investment allowance, registration as an EMAS location or exemption from waste water tax in case of a private waste water treatment plant) and high supervision. The response to the appeal and the timeframe in which it is made, are both to a considerable degree determined by the list of priorities.

Follow-up (enforcement instrumentarium)

“The work of the environmental inspector only starts when the inspection is finished”. Though this is sweeping statement it contains more than a grain of truth. All kinds of findings are made during an inspection, and they all have to be tested against the rules. Assessing the information and dealing with the violations can require much more work than the actual site visit. The figures of previous environmental enforcement reports reveal that about 7% of inspections gave rise to an official report to the Public Prosecutor’s Office. At the same time, work starts on the administrative processing of the file, in order to arrive at the remediation of the shortcomings observed. Here the enforcement instrumentarium and the codes of good practice serve as guidelines. As the follow-up of an inspection is very file-related, it is difficult to accurately estimate the time needed to follow up each of the inspection activities. At the establishment of the EIP it was consequently decided to only consider the following process steps when assessing the time needed for an inspection activity: file preparation, travelling and on-site observations, inspection report and observation assessment, reporting to the Public Prosecutor and giving a first exhortation, and (internal and external) reporting. The time needed for all further follow-up activities was generally budgeted and mentioned as an individual item after the inspection activities.

Complaints regarding dust (top), odour pollution (centre) and sound pollution (bottom) often lead to reactive controls

2.2. Time allocation As all the enforcement activities are covered, care was taken to estimate the time required for the activities as carefully as possible when the EIP was drafted. This plan is based on the time records taken across the entire section in the autumn of 1998. One of the main conclusions drawn from those records was that the average environmental inspector spends about 77.5% of his/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.

2003 Environmental Enforcement Report of the Environment Inspection Section

The rest of the available time (22.5%) is partly spent on a number of direct processes such as the establishment of an annual plan, mandates to experts, policy formulation and evaluation, dissemination of the enforcement of environmental health legislation to municipalities, provinces and other enforcement actors, and intraregional, interregional and supraregional co-operation with other (environmental) actors, and partly on a number of supportive processes, primarily training and administration.

This check has resulted in a list of priorities containing the following distinct groups of tasks/jobs: - highest priority: tasks and jobs to be carried out immediately. All other tasks and jobs are postponed until this one has been carried out. - very high priority: tasks and jobs that definitely must be carried out within a certain time. - high priority: tasks and jobs to be carried out; they can be postponed if needs be. - non-priority: tasks and jobs that cannot always be carried out due to lack of time.

2.3 Planning and priorities The Environment Inspection Section has an immense workload due to the huge variety, and, more particularly, the very large number of companies in line for inspection. Drawing up an EIP is one way of controlling work volume and pressure.

The carrying out of specific enforcement campaigns belongs to the very high priority group. Consequently tasks or jobs positioned lower on the list (e.g. certain reactive inspections or routine inspections) might not be completed according to the planning.

However, experience has taught us that no matter how meticulously we draw up a plan, the volume and pressure of work is still overwhelming. We need to set priorities and include them in the EIP.

Drawing up plans and setting priorities also involves a firm grasp on the current situation. In the event of a crisis or if other incidental inspections are needed, or if new (political) insights call for urgent action, the priorities must automatically be weighed against each and it will be impossible to carry out certain other activities contained in the EIP.

In 1998 the EIS drew up a list of priorities by ranking the various activities in order of importance and urgency, against different criteria. The list of priorities was reviewed at the end of 2002. The criteria used are mentioned in the table below.

CRITERIA USED WHEN DRAWING UP A LIST OF PRIORITIES Criterion

Notes

Type

Environmental

How seriously will man and/or the environment suffer

Important

impact

if we do not perform this task or job (immediately)?

Deadlines

Are there fixed deadlines or does the EIS impose deadlines itself?

Available resources

Does the EIS have the financial resources, (qualified) people, and material resources to perform this task or job proficiently?

Hierarchy of tasks or principals

What type of task or job is it and who commissioned it?

Urgent

Important Important and urgent

Environment Inspection Plan 2003

3. Summary of the 2003 EIP The table on the following page provides a summary of the items included in the 2003 EIP. More information about their execution can be found in the following four chapters.

4. Preparation of the 2004 EIP The creation of the 2004 EIP was spread over the year 2003. The first stage started with the budget prognosis (in the spring). The real work started in the summer period. This is the time when the working groups suggest a number of projects, actions and research assignments (specific enforcement campaigns) and express their preferences through a set of working criteria. At that time the Flemish Minister for the Environment and a number of other enforcement actors (ANRE, APSG, OVAM, VLM, Food Agency) were also asked to set priorities and make suggestions. Their approach, knowledge and experience were supposed to constitute a valuable contribution to the process. We only received a reaction from OVAM, VLM and ASPG. After the summer, the Chief Inspectorate brought the internal and external proposals (prioritised and assessed in terms of time and budget) together in a single draft document and presented it to the staff for discussion. This document also contained the prognoses and budgets for routine inspections and reactive inspections. Points raised by the staff were subsequently processed in the Chief Inspectorate and the first version of the draft 2004 EIP was established, including the draft campaign index cards.

attended by approximately one third of the environmental inspectors of the EIS. The large delegation of 27 EIS officials was supposed to increase the involvement of the different services and staff members in the establishment and the implementation of the annual plan. The seminarâ€™s objective was to set priorities and adapt certain proposals where necessary. To maximise support for the 2004 EIP, the objectives of the inspection activities were discussed both in plenary meetings and in smaller working groups in order to maximise the integrated approach and the co-ordination of the various activities. At the end of November and the beginning of December, the Chief Inspectorate integrated the remarks and suggestions formulated at the planning seminar in the document. The staff expressed its final acceptance of the 2004 EIP on 18 December. At the beginning of 2004 it was put before the directorgeneral of Aminal and the Flemish Minister for the Environment for approval. The 2004 EIP was designed in such a way that many of the inspection campaigns either relate to or support one or more projects described in the MINA plan 3 (Flemish Plan for Environment and Nature), or implement the obligations imposed by EU directives. Moreover, it leans as far as possible towards an integrated (multidisciplinary) approach to environmental problems. To keep enforcement as transparent and professional as possible the Environment Inspection Section has opted for openness in all aspects of the plan. This can only rest on the pillar of political legitimacy. The Section is consequently very pleased that the Flemish Minister for the Environment has approved this yearâ€™s plan, as he did the plan for 2002.

This draft EIP was then thoroughly discussed at a planning seminar in Wenduine on 16, 17 and 18 November,

More information about the carrying out of the 2004 EIP will be provided in the 2004 Environmental Enforcement Report.

The draft EIP 2004 was discussed during a planning seminar.

Discussion in a sub working group.

2003 Environmental Enforcement Report of the Environment Inspection Section

SUMMARY EIP 2003 TYPE

Projects

THEME Water Safety Waste Air

Water

Actions

Noise

ROUTINE INSPECTIONS REACTIVE INSPECTIONS

Waste

Air

Investigation

Quarries Water

Enforcement campaigns in previous years

SPECIFIC ENFORCEMENT CAMPAIGNS

Safety

Safety Noise Waste Air Safety Air

Water Noise Waste Air Operation

TITLE - Integrated inspection of textile finishing companies – continued - Self-monitoring of wastewater - Emergency plan inspection instrument - Inspection of the use of ozone-depleting substances - Inspection of scrapped vehicle processors - Inspection of VOC emission with illustration printing, flexography and rotary printing - Inspection of self-monitoring for air incl. P216 - Inspection of the dry-cleaning industry - Inspection of MWWTPs - Food companies under directive 91/271 - Discharge of hazardous materials - Seveso II enforcement system - Inspection of petrol stations - Airports - Quality control of acoustic investigations - Groundwater pollution around dumping sites - Specific inspections of soil treatment plants - Illegal disposal of waste in the food chain - Inspection of waste transport companies - Odour investigation in Ghent - Odour investigation in Maasmechelen - Ad hoc immission measurements (dust, …) - Inspections of infilling at quarries and mines - Investigation of waste water colour - Audit of lab sampling - Safety investigations - ASER Assessment Instrument for the control of environmental risks - Complaints about noise and vibration nuisance - Audit of quality manual for sampling and measurements (part 2: waste) - Measurement methods for dioxin-like PCBs - Safety investigations - ASER Environment Accident Index - Burners for cultivation under glass - Audit of continuous measuring equipment - Non-ducted VOC emissions - 2001 odour investigations (Tienen) - Chipboard companies – formaldehyde emission - Asphalt plants - Major refineries - VOC emission of solvents - 2002 odour investigations (Grimbergen/Vilvoorde, Koningshooikt) - Camera inspections in sewers and pipes - Routine wastewater samples - Ad hoc noise measurements - Routine samples of waste, soil, groundwater and manure - Routine air measurements - Refusal decisions - Special conditions - Inspection of self-monitoring - Complaints - Incidents - Evaluation report on trial licence - Enforcement report on new licence - Evaluation of action plan - Evaluation of new establishment section 2 - Report on marginal notes - Advice (PWTP, investment deductions, EMAS, …) - Parliamentary questions - High supervision

FOLLOW-UP (ENFORCEMENT INSTRUMENTS)

Environment Inspection Plan 2003

Specific enforcement campaigns are inspection activities carried out in a planned and co-ordinated manner. In the EIP they are split into projects, actions, research assignments and ongoing projects from previous years. Each working group co-ordinates a number of campaigns, and this chapter reports on these activities per working group. The order follows the classification used in the Environment Inspection Plan.

SPECIFIC ENFORCEMENT CAMPAIGNS 1. Water working group Within the EIS the Water working group bundles the entire enforcement expertise with regard to water. It also co-ordinated an integrated project focussing on textile finishing companies controlling the various environmental areas by means of multidisciplinary inspections.

These principles have also been integrated in Flemish environmental legislation. In recent years the EIS has consequently focussed increasingly on integrated inspections, including projects at slaughterhouses, processors of animal waste, laundries, refineries and landfills.

1.1. Integrated project focussing on textile finishing companies

For 2002 a sector listed in the annex to the IPPC directive was again selected, i.e. the textile finishing sector. This sector comprises 'establishments for the treatment (laundering, bleaching, mercerisation) or dyeing of fibres or textiles', and the Directive specifies an integrated approach for all establishments with a processing output of more than 10 tons a day. This choice was justified by the fact that this sector traditionally has a potentially high impact on the environment. The problems usually relate to the discharge of waste water, the storage and use of dangerous substances, large steam boilers and/or water heaters, extensive groundwater extraction, odour, noise and vibration problems and the storage and disposal of waste.

Necessity of integrated inspections

Integrated pollution prevention and control is the basic principle of European Directive 96/61/EC of 24 September 1996 (called the IPPC directive). In this directive the following considerations are highly relevant to the decision to carry out integrated inspections, among others: - whereas separate initiatives to control emissions in air, water or soil could result in a shift of pollution from one environmental area to another, rather than protection of the environment as a whole; - whereas an integrated approach to pollution control aims, where possible, allowance made of waste management, to prevent emissions to air, water and soil, and, where it is not feasible to reduce these to a minimum with a view to achieving a high level of protection for the environment as a whole; - whereas an integrated approach to pollution control is a sound means of applying the principle of sustainable development; - whereas the licensing conditions should be tested regularly and altered where necessary; in certain cases testing should always be applied.

Project preparation and inspections at a first set of companies took place in 2002, followed in the first half of 2003 by integrated inspections at a second set of textile finishing companies.

Specific Enforcement Campaigns

From yarn (left) to carpet (above) at a textile finishing industry

Of this total of 41 companies 21 were located in West Flanders, 18 in East Flanders and 2 in Limburg. Various sampling and measuring activities were performed as part of these integrated inspections, focussing on discharged waste water inspections. This could be supplemented by sampling and/or measurements of waste, soil, groundwater and air emissions. Attention was also devoted to the companyâ€™s licence situation, waste water discharge, emissions from heating installations, storage of dangerous substances, waste management, groundwater extraction, odour problems and noise and vibration problems.

Project objectives

Research assignment concerning the discharge of dangerous substances

The Flemish textile sector comprises many companies and can be divided into a number of subsectors. For this project the integrated inspection of companies within the 'textile finishing' sector was opted for, i.e. companies covered by Vlarem sections 41.4 and 41.6. Installations with a processing output of more than 10 tons a day are IPPC companies and are additionally classified under heading 41.10. This included all integrated carpet producers and some smaller-sized specialist companies.

When preparing the project and based on the EISâ€™s experience it soon became clear that many black and grey list substances were used in textile finishing. So these could also be present in the discharged waste water. These substances may not be discharged in concentrations exceeding the environmental quality standard for the receiving water, unless standards are explicitly indicated in the environmental licence.

Considering the large number of companies within this subsector and their limited geographic distribution (mainly in East and West Flanders) it was decided to go for a phased approach. A start was made with IPPC companies within the textile finishing subsector, to then continue with other companies within this subsector and/or other subsectors.

Considering the large number of potentially occurring substances, an unprepared inspection of the waste water could be compared with looking for a needle in a haystack. The EIS accordingly asked an external expert for more information about the most commonly used products and substances in the different process steps of textile finishing.

The project was thoroughly prepared, including the compilation of a checklist, the listing and selection of the companies, and the performance of a number of research assignments. Following the preparatory stage, 25 companies were inspected in the second half of 2002. 16 other companies were inspected in the first half of 2003.

The results of this research assignment were used for the definition of a set of analysis parameters within the framework of the project: pH, temperature, suspended solids, settleable solids, BOD, COD, Kjeldahl nitrogen, nitrate, nitrites, total phosphorus, antimony, arsenic, cadmium, chrome, chromium VI, cobalt, copper, mer-

2003 Environmental Enforcement Report of the Environment Inspection Section

Textile industries often have extended water purification installations, where dangerous substances have to be removed as well

Sampling of wastewater of a textile industry (in snow too!)

cury, lead, nickel, tin, zinc, barium, boron, titanium, fluorides, MAH, PAH and volatile halogenated hydrocarbons. These parameters could be supplemented by other parameters contained in the licence.

the waste water. Other PAHs were sporadically found. It was also remarkable that none of the effluents of companies with biological water treatment plants presented excessive amounts of PAH.

Carrying out integrated inspections Research assignment concerning the determining of PAH in textile companiesâ€™ effluents.

In previous years the EIS had established the presence of PAH in the effluent at a number of textile companies. Doubt was cast over these findings by an accredited laboratory in a file in which this laboratory mentioned possible false positive PAH results as a result of the complex matrix of textile waste waters. The textile industry uses many organic products in processes such as bleaching, dyeing and follow-up treatment. Many of these products can be present in the waste water, sometimes even in relatively high concentrations. This makes the analysis of micropollutants in the waste water anything but simple. To investigate this problem in detail, the EIS asked the VITO reference laboratory to conduct a study. In addition to a theoretical part the study mainly consisted of laboratory research into 33 textile companiesâ€™ effluents. This research showed that: - the GC/MS measurement gives a reliable result if the extract is treated over silica; - the matrix only rarely results in false positive results; - in the rare cases where matrix interferences could give rise to false positive results, this is shown in the registered chromatogram in the form of an increased baseline and/or the presence of numerous peaks besides the presumed PAH. The EIS will therefore continue to take account of the reported PAH results.

The project group started a study of the relevant legislation and made frequent use of the Flemish BAT study on textile companies. The results of the abovementioned research assignments were also used. On the basis of the already existing checklists for establishments such as slaughterhouses, processors of animal waste and laundries, a new checklist for integrated inspections at textile finishing companies was drawn up. Additional information was bundled in a separate document. Both documents were to ensure complete and in-depth inspections carried out in a uniform manner by all the environmental inspectors. For this project it was decided to use an approach with 'anchor points' within the local services. These anchor points build up the necessary expertise as a team, carry out the inspections (together with the file owner) and give the necessary support to the file owner. In this way a more efficient and effective enforcement and information flow is striven for. During this project 41 textile finishing companies were subjected to an integrated inspection: 18 finishing companies offering contract services, 17 integrated companies, 8 carpet companies. 233 discharged waste water samples were taken. At many of the selected companies a flow-related sampling campaign was carried out. At the other textile finishing companies only spot samples were taken. For carrying out the integrated inspection, sampling the effluents and following up the remediation of the violations, a total of 258 controls were made. During these controls the inspectors spent more than 800 hours on site.

From the results of this research could also be deduced that it was particularly naphthalene that was present in

Specific Enforcement Campaigns

substances that were not included in the environmental licence (incl. boron, antimony, fluorine and PAH) was observed. It is remarkable that PAH is almost exclusively found in the waste water of companies that do not have their own waste water treatment plant and that fluorine and boron (to a minor extent) can originate from the deep groundwater (Palaeozoic Socle) many textile companies use for dyeing.

Various producers of carpets where controled during the integrated project

Results of the integrated inspections

The project group started a study of the relevant legislation and made frequent use of the Flemish BAT study on textile companies. The results of the abovementioned research assignments were also used. Licence situation: the actual situation. Observing the licensed quantities proved to be a bigger problem (also see groundwater and storage of dangerous substances). Most companies dispose of a recent environmental licence, or update their environmental licence at regular intervals. We observed however that many companies have not yet had heading 41.10 of the list (preliminary treatment and dyeing of textiles with a processing output of more than 10 tons a day) integrated in their licence. This is a specific heading for IPPC companies. Waste water: Approximately half of the inspected companies discharges directly into the surface water, the other half into the public sewer system. Two companies have their waste water treated at a sister company. 24 of the 41 companies we have inspected already have their own waste water treatment plant, in most cases physicochemical pre-treatment followed by biological waste water treatment. This number will further increase as the environmental licence of a number of companies imposes disconnection from the sewer system (and consequently construction of a waste water treatment plant). At 19 companies the EIS carried out a sampling campaign proportional to flow, spread over several days. At the other companies several spot samples were taken. At 2 companies the EIS observed illegal discharges. It resulted from the sampling that at approximately half of the textile companies one or more discharge limit values were exceeded, mainly those with regard to BOD, COD, nitrogen and phosphorus. The discharge limit values for heavy metals (including nickel and copper) were less frequently exceeded. Problems with pH levels were only sporadically observed. In a small number of cases the discharge of dangerous

Every company must also self-monitor its discharged waste water. 22 of the 41 companies are even subject to an extensive self-monitoring scheme including monthly analyses by an accredited laboratory. Only half of the companies complied with all the obligations. Most shortcomings were due to the non-observance of the compulsory frequency and the non-investigation of certain parameters. Some companies have not started self-monitoring yet. These figures speak for themselves!

Groundwater: Most textile companies in East and West Flanders use deep groundwater from the Paleozoic Socle (Cambrian Silurian period), sometimes up to more than 500,000 m2 a year. At some companies this high-quality groundwater is supplemented with phreatic groundwater, tap water, recovery water and/or surface water. The inspections showed that the high-quality socle water is mainly used for dyeing, while for low-grade processes other kinds of water are commonly used. The EIS also noticed that companies increasingly proceed to an internal registration of their water consumption (e.g. by installing water meters in the company) and consequently have a better idea of the water consumption per process. This can improve management and reduce the consumption of water in general and of socle water in particular. A number of companies are also examining the possibility of using recovery water. This research concerns the effluent of a MWWTP as well as their own effluent, each time after additional treatment. While the groundwater level in the Socle is continuously falling, we observed that 10 companies were extracting more groundwater than their licence allows. We also observed that compliance with most other conditions concerning the use of groundwater was reasonably good to good.

Air: At the inspected companies we observed the presence of nearly 100 medium-sized heating installations. Although all companies but one regularly maintain these installations, only 24 of them performed the self-monitoring scheme according to the provisions. 9 companies did not monitor the emissions at all, 8 companies did not check them as frequently as imposed. This goes to show once again that self-monitoring has not yet become an established process in industrial circles.

2003 Environmental Enforcement Report of the Environment Inspection Section

The self-monitoring results prove that only a few companies did not respect the emission limit values. These companies have however taken measures to remedy these violations. Textile finishing companies also have various other emissions from for instance tentering machines, latexing lines, washing installations, steamers, tumble-dryers and coating departments. Certain companies are already carrying out emission measurements, but this was still a problem at several other companies. Odour pollution complaints were lodged against 13 textile finishing companies. The odour pollution is mainly related to emissions from tentering machines, but also from latexing lines and waste water treatment plants.

Waste: Most companies have a waste register and adequately register the discharge of waste. Seven companies did not have a waste register and at six companies certain data had not been entered in the waste register (mainly the EURAL code). Storage of dangerous substances: Every company stored oxidising, harmful, corrosive and irritant products, usually aboveground, both in fixed containers and in smaller (moveable) receptacles. One company partially used underground storage facilities, but did not have a licence to do so.

The most frequently used dangerous substances are acids (acetic acid, formic acid, sulphuric acidâ€Ś), bases (mainly sodium hydroxide), hydrogen peroxide, sodium hypochlorite and sodium hydrosulphite. A limited number of companies also stored small quantities of highly inflammable products and toxic substances. 33 companies stored inflammable products as (spare) fuel for their heating installations, almost exclusively in aboveground containers. Nine companies still stored heavy fuel. At five companies the storage of dangerous substances was not or not fully licensed. A larger number of companies did not observe the licensing conditions. The violations mainly related to: - the lack of periodic inspections (20 companies); - the absence of a collection system at the tank lorry stand (16 companies); - the absence of overfilling protection (13 companies); - the non-observance of construction regulations (10 companies); - the absence of a calamity basin (10 companies); - the non-observance of distance and prohibitory rules (7 companies); - the storage of P1/P2 products in moveable receptacles (7 companies); - partitioning (5 companies).

Others: While just about every operator could present an inspection report of its electrical installation, many could not prove that they had thoroughly consulted with the fire brigade on fire prevention and fire extinguishing. Minutes of such meetings were lacking at 25 companies. A very limited number of problems were observed with regard to compressors, the storage of gases and the carrying out of the legally imposed soil analyses. Several companies caused noise, vibration and/or odour pollution.

Conclusion: As a result of the findings during the integrated inspections at textile finishing companies an official report was drawn up at 22 companies and 38 companies got an exhortation to remedy the observed shortcomings. The exhortations consisted of 99 subexhortations of which 46 had already been followed up at the end of 2003. The other sanitations are still in process and will be further followed up in 2004. Suspension of the entire licence was asked for one company, as it still has not reacted appropriately to the exhortations.

Installation for the treatment of gas emissions of a textile industry: needed in obtaining the emission standards

Specific Enforcement Campaigns

Some industries discharge strongly coloured waste water. Sometimes this causes visual pollution to the receiving waterway.

The dyeing of yarn is an important source of the colouring of wastewater of textile finishing industries

Colour of waste water

Currently there are no standards governing the colour of waste water. Some companies nevertheless discharge strongly coloured waste water (mainly textile finishing companies, but sometimes also graphic companies or tank cleaners) resulting in real (visual) pollution for the receiving water. The EIS wanted an unambiguous assessment framework to assess the problems of coloured waste water in the (textile) industry. It consequently entrusted the VITO reference laboratory with a research assignment. This assessment framework comprises an unambiguous measuring method and clear and enforceable limit values. The first stage consisted in selecting a measuring method, mainly based on international standards. This stage resulted in an interim report published at the end of December. The chosen measuring method was the determination of the Euclidian colour difference âˆ†E*ab. This allows measuring the distance between the colour of the sample and achromatic. In the second stage (first half of 2004) (waste) water samples will be taken, mainly at textile companies, and the measuring method will be tested in practice. This should allow the establishment of a well-founded proposal on limit values. These values could then be imposed as a special licensing condition on companies of which the coloured waste water creates (visual) pollution in the receiving water.

Use of bromine-containing flame retardants

Bromine-containing flame retardants are substances that are added to various products such as electric and electronic products (computers, television sets, printed boards), building materials (polyurethane and polystyrene) and textile products (curtains, carpets, upholstery fabrics) during their production process in order to reduce their inflammability.

The substances are persistent and can bioaccumulate. Various hormone-disturbing effects are known. During combustion brominated dioxines and furanes can be released. The group of bromine-containing flame retardants comprises approximately 75 products of which the following groups are used in large quantities: - polybromobiphenyl (PBB), more precisely decabromobiphenyl; - penta, octa and decabromodiphenyl ether (also grouped as polybromodiphenyl ethers: PBDE) (the word oxides is sometimes used instead of ethers); - hexabromocyclodo-decane (HBCD); - tetrabromobisphenol-A (TBBPA). It is remarkable that in the Framework Directive on Water the polybromodiphenyl ethers are included in the list of priority substances while according to the list in annex 2C of Vlarem I these compounds should be classified as persistent, bioaccumulating organic halogen compounds. They also appear on the list of products with proven or potential hormone-disturbing effects. During its investigation into the use (and the discharge, if any) of these bromine-containing flame retardants the EIS first focused on textile finishing companies as it resulted from limited enquiries made by the EIS that these substances were still being used to treat textile and could consequently end up in the discharged waste water of certain companies. It is not clear to which extent these companiesâ€™ waste water treatment plants manage to remove these substances. As the analysis of bromine-containing flame retardants in waste water seems to be very difficult and little research had so far been done, the EIS started sampling and analysing 2 untreated effluents of companies using bromine-containing flame retardants. The results showed that these substances could be detected.

2003 Environmental Enforcement Report of the Environment Inspection Section

Wastewaters of textile industries are sampled for the analysis of bromide containing flame retardants.

Part of the water purification of a food industry that has to satisfy the regulation of the European Guideline 91/271/EEG

Subsequently it took samples of 2 (treated) effluents and analysed them together with a sample of water from the river Leie. One sample contained an (inexplicably) high concentration of decabromodiphenyl ether. The used water from the river Leie also seemed to contain a limited concentration of these substances. These analyses offered useful information to make further refinements to the analysis method.

all year round. This action was also continued throughout 2003. This staggering also ensured better supervision at companies with seasonal activities, including many vegetableprocessing companies. Within the framework of this action 248 waste water samples were taken and analysed in 2003. Because of the specific discharge situations of companies that are for instance inactive at certain times of the year or that are still adjusting their installations, some scheduled sampling activities did not take place.

The EIS attached major importance to reducing the discharge of bromine-containing flame retardants. The companies involved are consequently followed up and at the beginning of 2004 20 samples of the waste water of textile finishing companies will be checked for PBDE and HBCD. The sampling results will determine the enforcement actions to take. An extension of the research to include other sectors will also be considered.

An assessment of the results shows a distinctively positive trend. While in 2001 a limited number of results showed that 64% of the companies complied with the discharge limit values, this percentage dropped to 57% in 2002 (maybe also due to the intensified inspections), but rose to 78% in 2003. The clear improvement of the effluent quality in 2003 is the result of various extensions or adjustments of the waste water treatment plants.

1.2. Food companies under Directive 91/271/EEC Pursuant to article 13 ยง1 of Council Directive 91/271/EEC concerning urban waste water treatment: The Member States shall ensure that biodegradable industrial waste water from plants belonging to the industrial sections listed in Annex III (mainly food companies and related sectors) that does not enter urban waste water treatment plants before discharge to receiving waters, shall at the latest on 31 December 2000 before discharge respect the conditions established in prior regulations and/or specific authorisation by the competent authority or appropriate body, in respect of all discharges from plants representing 4,000 p.e. or more. This article was integrated into Vlarem II. In 2001 the EIS consequently started listing these companies and included extra inspections at these companies into its routine sampling activities. From 2002 onwards these inspections have been carried out in a more co-ordinated manner: at 85 companies at least three waste water samples a year were taken to verify whether they were in compliance with all the provisions

It results from the company data that various sanitation activities carried out in 2003 will soon result in total compliance with the limit values. There are only three companies left that must further reduce their organic waste load (COD and BOD). Insufficient tertiary purification is the cause of all other limit value exceeding. The nitrogen removal is insufficiently dimensioned or the phosphorus removal is not far-reaching enough (e.g. because not enough flocculating agents are added to limit sludge production or because the return of the biological phosphate removal can be insufficiently guaranteed). In the potato sector many companies still largely exceed the phosphorus limit values because pyrophosphate is dosed during the production process. These companies have not (yet) succeeded in complying with the strict phosphorus limit values. The potato sector has submitted a derogation request to the Flemish Minister for the Environment. Some problems found at vegetable-processing companies are due to their seasonal activities. The influent composition can vary considerably causing various problems

Specific Enforcement Campaigns

Measuring gutter and sampling apparatus for the self-control of an industry with a discharge of more than 50 m3/hour where dangerous substances are also present

To this purpose the EIS used an EIS instruction, a checklist and an explanatory memorandum. These documents were drawn up in close co-operation with a few environmental inspectors, were subsequently tested by all the local services and adapted according to the remarks formulated during the trial period. The final version of both documents was then distributed to all the environmental inspectors. Sometimes things go wrong: fat deposits at a dairy industry

related to waste water treatment management. When the limit values were exceeded, official reports were drawn up and exhortations were sent to the companies concerned urging them to carry out the necessary adjustments within a reasonable period of time. Two companies did not react appropriately to the exhortations and continued to largely exceed the limit values. The EIS proposed to cancel the discharge licence of one of these companies (in spite of the construction of a waste water treatment plant) and proposed to suspend the discharge licence of the other company. The licence issuing body is still dealing with both files.

1.3. Self-monitoring of waste water

Only 61% of the companies fully complied with the conditions for carrying out self-monitoring activities. At 39% of the inspected companies one or more shortcomings were found. These shortcomings were furthermore found at Flandersâ€™ largest dischargers. This goes to show once again that self-monitoring has not yet become an established process in industrial circles. We also found that approximately half of the companies exceeded one of more discharge limit values. All but one company had already taken measures to prevent further exceeding of the discharge limit values. The EIS hopes that a further positive evolution of these analysis results will result from new inspections in 2004. In 2004 it will also check the self-monitoring process at the other companies belonging to the group that discharges dangerous substances with a flow rate in excess of 50 m3/hour.

In addition to routine inspections of the self-monitoring activities (as described in the chapter on routine inspections) the EIS devoted extra time in 2003 to the inspection of the self-monitoring of waste water. Hence all companies were divided into 5 groups based on their discharge flow rate and the presence of dangerous substances.

1.4. Inspection of municipal waste water treatment plants

The compulsory self-monitoring process is the most extensive at companies that discharge dangerous substances with a flow rate in excess of 50 m3/hour. The EIS listed nearly 200 companies in this group. In 2003 44 of these companies underwent a thorough inspection of their self-monitoring activities.

Compliance with the emission conditions

In 2003 the inspection of municipal waste water treatment plants (MWWTP) focussed on two domains: the follow-up of compliance with emission conditions and the delivery and acceptance of septic material.

In previous years the emphasis during MWWTP inspections was on the completeness of the environmental licence and

2003 Environmental Enforcement Report of the Environment Inspection Section

INSPECTION OF THE SELF-MONITORING OF WASTE WATER Number of inspected companies

Carrying out of self-monitoring activities full compliance

61%

with minor shortcomings

32%

with major shortcomings

full compliance

52%

limit values exceeded

48%

Self-monitoring analysis results

Taken measures when it resulted from the self-monitoring

20/21

that certain limit values had been exceeded

on compliance with the licensing conditions. In the meantime nearly every exhortation has resulted in sanitation. Since 2000 attention has mainly been focused on effluent control, based on the self-monitoring process, as it is the legal basis for checking compliance with the emission conditions. First the reporting on the enormous quantity of analysis results to the EIS was structured. Then, in 2001 attention shifted to the carrying out of the self-monitoring programme, in particular to the frequency of flow-related sampling. Here the operators were urged to comply with all applicable legal provisions, which entailed the adjustment of a number of installations, mainly to make flow-related 24-hour sampling possible. The results of the self-monitoring programme were also assessed. They confirmed the problems we were already aware of regarding nitrogen removal at older installations in need of renovation.

The EIS continued to closely monitor this in 2002 and 2003. In addition to the frequency and the results of the selfmonitoring programme, it also devoted attention to the acceptance of waste and external waste water at the MWWTPs. Most of the attention was devoted to the acceptance and processing of septic material, but other flows were also monitored (calf liquid manure, external waste waters). Consequently, the delivery to MWWPTs of septic material not complying with the discharge limit values was stopped as well as the delivery of calf liquid manure and leachate to landfills The objective of the EIS is to have every installation in full compliance with all the standards as soon as possible, including the installations that are currently being renovated. The EIS also attempts to accelerate the renovation of these installations.

Treatment of sewage water in a MWWTP: EIS follow the working of MWWTPâ€™s closely.

Delivery and acceptance of septic material A few years ago the EIS inspected the delivery of septic material. On the basis of an official report drawn up at the time several employees were found guilty before the Crown Court in May 2000 and sentenced to a fine with reprieve from execution. In October 2003 the Court of Appeal discharged them. During these inspections the EIS took a lot of samples but was faced with the problem that there was no legal framework to assess the results of the samples. The EIS consequently allocated a research assignment to formulate a proposal to solve this problem. On the basis of the EIS results and of the Aquafin sampling results, VITO investigated the delivery and acceptance of septic material at MWWTPs. In August 2000 this resulted in a proposal containing environmental health regulations for the external delivery of septic material to a MWWTP. This proposal was presented to the Flemish Minister for the Environment. In 2002, the attention devoted to the acceptance and processing of septic material resulted in a number of consultation meetings with various parties (VMM, OVAM, Aquafin, Association of Clearers of Septic Material, etc.). At these meetings the VITO report was also discussed but until now no Flemish regulations have resulted from it.

Septic material must be brought to a MWWTP: EIS controlled these deliveries (i.e. through sampling) and follow up on the refused loads

This has however not prevented the EIS from devoting even more attention to the problems related to the delivery and acceptance of septic material. Hence in 2003 various deliveries were inspected and arrangements were made concerning the follow-up of deliveries rejected by the MWWTPs. During inspections at 15 MWWTPs where septic material is regularly delivered the EIS took samples of 44 deliveries. The samples were analysed for dry matter, arsenic, cadmium, chrome, copper, mercury, lead, nickel, zinc, pH, ammoniac nitrogen, nitrogen by Kjeldahl method, nitrite, nitrate, total phosphorus, COD, BOD, EOX and MAH (benzene, toluene, ethylbenzene, xylene and styrene). As there are no standards against which the analysis results can be tested directly, they were compared to the 95 percentile of the normal composition of septic material as well as to the VITO proposal with regard to the heavy metals limit values. The EIS found that 10 samples exceeded the VITO limit values and that 17 other samples exceeded one or more 95 percentiles. The EIS carried out further inspections at the MWWTPs and/or clearers of septic material from which these â€˜problem samplesâ€™ originated and always tried to verify whether illegal substances had been added to the septic material. The EIS also made arrangements concerning the follow-up of rejected deliveries of septic material. When the competent representative of Aquafin rejects a delivery, the EIS is

2003 Environmental Enforcement Report of the Environment Inspection Section

To assess the presence of dangerous substances in discharged industrial waste water the EIS has since a few years been using an internal directive taking into account detection limits, measuring errors, matrix effects, etc. At the end of 2002 this directive underwent a global adjustment. Its objective is to ensure a uniform interpretation when assessing the presence of dangerous substances in discharged industrial waste water. The EIS has decided to intensify its search for dangerous substances in these discharges from 2003 onwards. It has decided to select one of more parameters or parameter packages each year and to have them inspected at a large number of companies. In 2003 it decided to concentrate on MAHs including benzene, toluene, ethylbenzene, xylene and styrene. These substances are for instance commonly used as solvents.

Sampling in the framework of the control on the presence of dangerous substances in industry wastewater.

immediately informed. The EIS then tries to carry out an inspection at the clearer of septic material to on the one hand verify the origin of the load and on the other hand to verify the destination of the rejected load. These inspections will continue unabated in 2004.

1.5. Discharge of dangerous substances Within the framework of the discharge of industrial waste water, the following substances are deemed dangerous (article 4.2.2.1. Vlarem II): - substances belonging to families and groups of substances mentioned in list I and II of Annex 2C of Vlarem I (= black and grey list substances); - other substances in a concentration that could be directly or indirectly harmful to human health, fauna or flora; - in case of discharge into surface water: substances causing eutrophication of the receiving waters.

MAHs were found in more than 600 samples. In nearly 25% of the analysed samples one or more of the substances concerned were found. In 6% these even exceeded the internally used action limit. We should however mention that emission limit values have already been imposed on several companies via their environmental licence and that an analysis result exceeding this action limit does not necessarily constitute a violation. In total 15 samples contained a concentration of MAHs in excess of 100 Âľg/l. The concentration of MAHs in four of them exceeded 1 mg/l, with one peak of 45 mg/l. MAHs were mainly found at chemical plants, waste processing companies and printing businesses. Toluene was furthermore found at several companies without their production process justifying its presence. According to research and literature toluene would be an intermediate product of anaerobic breakdown processes and in certain cases the toluene found can be the result of anaerobic processes in the septic tank of sanitary waste water. This has resulted in an adaptation of the internal directive regarding dangerous substances in discharged industrial waste water.

To be deemed â€˜industrial waste water not containing dangerous substancesâ€™, the discharged industrial waste water may not contain dangerous substances in concentrations that exceed the environmental quality standards applicable to the receiving water. If for a particular dangerous substance there is no environmental quality standard applicable to the receiving water, the substance in question may not be discharged at all. When discharging industrial waste water containing one or more dangerous substances, only the dangerous substances for which specific emission limit values have been defined in the environmental licence may be discharged.

Specific Enforcement Campaigns

The Seveso-inspections must allow a systematic and systemic investigation of the technical, organisational and industrial systems.

2. Safety working group The Safety working group mainly concentrated its activities on the prevention of major accidents. It also devoted attention to the inspection of petrol stations.

2.1. Execution 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 on the control of major-accident hazards involving 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 the abovementioned Directive is to ensure high levels of protection for man and the environment. As, according to the European Union, differences in the arrangements for the inspection of establishments by the competent authorities may give rise to differing levels of protection, the inspection by the authorities must under the Directive meet very strict requirements. The major task of the competent inspection services, working together in an inspection team, is the creation of an inspection system meeting the requirements: an inspection programme for all the Seveso II companies, a report of every inspection and feedback to the companyâ€™s management. The scope of the Co-operation Agreement is delimited by

two sets of threshold values for 10 categories of dangerous substances and for a number of named substances, thus creating three groups of companies: - establishments with dangerous substances in quantities below the first threshold, the so-called threshold 0 establishments: these companies do not fall within the scope of the Co-operation Agreement; - establishments with dangerous substances in quantities above the first and below the second threshold, the so-called threshold 1 establishments or low-threshold establishments: these companies must comply with a number of provisions such as compulsory notification, general duty to prevent damage to the environment, duty to demonstrate their efforts in this context and a policy to prevent major accidents; - establishments with dangerous substances in quantities in excess of the second threshold, the so-called threshold 2 establishments or high-threshold establishments: these companies must comply with a number of additional provisions such as drawing up a safety report and a safety management system. The Seveso inspections must be sufficient for a planned and systematic examination of the systems employed at the establishment, whether of a technical, organisational or managerial nature. Planned means that the inspections must be deliberately planned in advance, systematic means that the appropriate techniques must be used. The requirement regarding the planned approach to the inspections is explicitly met in the Co-operation Agreement as it imposes a programme of inspections as part of the inspection system.

2003 Environmental Enforcement Report of the Environment Inspection Section

The inspection teams are also charged with accident investigation, must report on their accident investigations to the European Commission and may prohibit operation pursuant to the existing regulations if the operator has not taken appropriate measures to prevent major accidents and to limit their consequences for man and the environment. The co-operation within the inspection team is discussed in the part ‘Co-operation and consultation’. Fully in line with the major importance Europe attaches to the inspection of Seveso companies and with the Recommendation providing for minimum criteria for environmental inspections, the EIS is convinced of the necessity of inspections to ensure high levels of protection for man and the environment. This implies thorough inspections at appropriate intervals at the Seveso companies. To this purpose the EIS follows a multilateral policy and uses its limited inspection capacity as efficiently and effectively as possible.

2.2. Inspection programme: objective and scope of the inspections It is of major importance that the objective and the scope of the inspections are clearly defined, as regards to content as well as to area. According to the Co-operation Agreement a planned and systematic examination of the systems employed at

the establishment, whether of a technical, organisational or managerial nature is carried out to ensure: - that the operator (can demonstrate that he) has taken appropriate measures to prevent major accidents; - that the operator (can demonstrate that he) has provided appropriate means for limiting the consequences of major accidents; - that the safety report adequately reflects the conditions in the establishment.

The inspections must, via an examination of the systems employed at the establishment, provide a global picture of the companies’ risks and risk management. As it is impossible to allot enough time to each inspection to examine all the systems employed at an establishment, the objective and scope of every inspection is defined: only a certain aspect is inspected. Over the years the execution of the annual inspection programmes will give a global picture. For the delimitation with respect to content (objective and scope) of the inspection and in order to meet the requirement of systematic inspections, i.e. inspections using appropriate methods, the EIS has defined ten inspection types. A summary can be found in the table below. For the inspection types the Safety working group developed several inspection instruments as guidelines for the inspectors: various checklists for the technical measures,

INSPECTION TYPES FOR SEVESO INSPECTIONS Inspection type

Description

Verification of the Seveso status the company

- verification whether the Co-operation Agreement applies to - adjustment of the licence situation to the actual situation

Initial inspection

- explanation of the Co-operation Agreement - possibly verification of the Seveso status - verification of the critical conditions with regard to external safety - verification of the state of the prevention policy and the safety report

Inspection of technical measures

- appraisal of the systems employed at the establishment

Inspection of organisational systems

- testing against the requirements (legal, experience data,

Verification of the safety report (SR)

specific to the company)

Examination of specific risks

- in-depth examination of one or more systems

Safety audit

- assignment to SR expert: appraisal (including quantification) of the measures taken and of the measures to be taken

Accident investigation

- systematic analysis of causes and consequences - definition of additional measures (repair, prevention of re-occurrence)

Follow-up

- verification whether the instructions given were

Specific Enforcement Campaigns

In 2003, EIS gave a lot of attention to the control of operational conditions relative to external risks.

instruments for the different organisational systems (audit, emergency plan, etc.) ratified by the staff of the EIS at a later stage. In the part â€˜Training for the Seveso teamâ€™ (see earlier in this report) two inspection instruments the EIS developed in 2003 were briefly explained. Spatial delimitation is also necessary. Several Seveso companies are so large that they have to be considered as a cluster of companies. As these companies cannot be inspected in one go, they are split into inspectable entities that are separately included in the inspection programme. It is important to mention that some aspects and some parts of these companies nevertheless have to be inspected together, for instance certain organisational systems employed at the company and centralised storage installations.

2.3. Inspection programme: frequency of the inspections Pursuant to the Co-operation Agreement the threshold 2 establishments have to be inspected once a year except if the inspection programme is based on a systematic assessment of major-accident hazards. Considering the high number of Seveso companies, even a delimited inspection with the imposed frequency is not feasible with the current, much too limited inspection capacity. The EIS has consequently chosen for an inspection programme based on hazard indices: fire and explosion index F and toxicity index T. Calculation of the indices allows to put

the company into one of the three hazard classes, which are linked to a basic inspection frequency. Because the hazard indices provide an assessment of the hazard potential (for fire and explosions and for toxic emissions), this frequency determination is de facto a setting of priorities based on objective data, such as the properties of dangerous substances and a number of parameters related to the processing and/or storage circumstances. The inspectors can increase the frequency depending on the size and the complexity of the establishment and taking into account the available information such as the safety report, the inspection experiences, experiences with near misses or accidents and modifications to the establishment. The major disadvantage of this technique is the fact that the hazard potential for the environment is not taken into account. Hence the EIS ordered a team of SR and EIA experts to develop an additional index. The proposed ecotoxicity index E is set up as the toxicity index T. The environmental factor EF is determined on the basis of the relevant substance properties and depends on the vulnerability of the different receivers: groundwater, surface water and MWWTP. A method has also been developed for the selection of the establishments.

2003 Environmental Enforcement Report of the Environment Inspection Section

‘investigation of the management system’ and ‘safety audit’ require time-consuming in-depth examinations.

F = MF x (1 + GPHtot) x (1 + SPHtot) T = TF x (1 + GPHtot + SPHtot) E = EF x (1 + GPHtot + SPHtot) In which: MF = material factor, TF = toxicity facto EF = environmental factor GPHtot = general process hazards factor, SPHtot = special process hazards factor

INSPECTIONS BY THE SEVESO TEAM Number of inspected threshold 2 establishments 89 Number of inspected threshold 1 establishments 76 Number of inspected threshold 0 establishments 23

In the course of 2004 the EIS will introduce the E index. This can result in an increase of the basic inspection frequency at companies using dangerous substances that can cause environmental pollution in case of an accident.

2.4. Inspection programme: inspections carried out in 2003 In 2003 the Seveso team carried out 236 inspections at 188 companies. A large number of inspections were carried out together with the colleagues of the Supervision of Chemical Hazards Section. This means that the EIS in 2003 examined an aspect of the safety problems at 54% of all known threshold 1 establishments and at 81% of all known threshold 2 establishments.

Total number of inspected establishments

188

Number of inspections carried out

236

The EIS drew up 18 official reports following inspections, all for violations of the environmental licence decree. They all concerned the storage of dangerous substances, but the violations observed in case of storage in warehouses differed from those observed in case of storage in tanks. In case of storage in warehouses, compliance with the obligation to have a licence seemed the main problem, while in case of storage in tanks most violations were related to non-compliance with the licensing conditions.

Some inspections require some comment. A single inspection can comprise different inspection types. An examination of a specific risk can for instance be combined with the follow-up of action plans following previous inspections. A single inspection can also be spread over several days. Some inspection types such as

Survey thedeSeveso inspections Overzichtofvan Seveso-inspecties Follow-up Accident assessment Safety inspections Control SR Specific risks assessment

threshold 2 threshold 1 threshold 0

Control management system Control organisational systems Control technical measures Initial control Control Seveso status

Specific Enforcement Campaigns

One location: a petrol station in operation, with various violations (above) and after the closing down and the removal of the pumps (right)

In a number of cases the EIS noticed that the licensed storage capacity (far) exceeded the quantities present. In such cases the licensed quantities are used to determine the Seveso status. If the quantities present in reality never exceed the Seveso thresholds, the EIS recommends the operator to apply for a reduction of the licensed quantities and to provide mechanisms in the licence and in practice that prevent that the Seveso thresholds are exceeded. At a number of companies, in particular storage warehouses, the EIS noticed however that the quantities present exceeded both the Seveso thresholds and the licensed quantities. In these cases the EIS drew up an official report and exhorted the operator to reduce the quantities until receipt of an adjusted licence. The most important characteristic of storage warehouses is the constant change of products, change in nature as well as in quantity. This explains why problems with the licence situation are mainly encountered at storage warehouses. The constant change of products also has an impact on compliance with the Vlarem II conditions for storage warehouses. The main problem is compliance with partitioning and distance regulations. As in 2002 it is remarkable that many establishments still have problems with the compulsory periodic inspections of tanks to store dangerous substances. The EIS observed that many tanks were in use for which no valid or positive inspection certificate could be presented. In a number of cases the inspections had not been carried out. With respect to other tanks no action had been taken following the remarks made by the accredited expert in the inspection report. The spread of the different inspection types over the inspections is shown in the enclosed diagram. The very large number of follow-up inspections is striking. During the 81 inspections a lot of time was spent on the follow-up of unfinished action points, proving the importance the EIS attaches to follow-up. Only an adequate follow-up can guarantee a complete enforcement circle.

the safety policy are often imposed on threshold 2 establishments. The nature of the conditions varies from province to province. Sometimes it is a kind of standard package with regard to parts of the safety management system, such as the inspection and maintenance system. In other cases the special conditions are based on problems listed in the environment safety report, such as co-operation on emergency planning with neighbouring companies. It is also worth mentioning that in 2003 the emphasis was once again on the identification of the Seveso companies (16% of the inspections focussed on the determination of the Seveso status, 14% were initial inspections), and that the inspections were well spread over the different systems employed at the companies (technical, organisational and managerial systems).

2.5. Inspection of petrol stations This action fitted in a long-term campaign that has been running since 1997 with the ultimate aim of inspecting all petrol stations in Flanders. In 2002 the emphasis was put on petrol stations that had not been granted a conditional delay for certain construction and equipment requirements such as a forecourt constructed of impervious material, a hydrocarbon separator, leak detection and overfilling protection devices, and consequently had to meet these requirements in 1999. This action was continued in 2003.

The EIS also devoted a lot of attention to the verification of the conditions of operation related to external risks. This results from the high number of inspections of the type â€˜examination of specific risksâ€™. This inspection type concerns the verification of relevant special conditions. When granting a licence special conditions concretising

2003 Environmental Enforcement Report of the Environment Inspection Section

EIS stipulates that the new operator must renew the fuel station completely

On the basis of an inventory and by means of limited inspections, the EIS selected the petrol stations eligible for a full and thorough inspection. In 2002 and 2003 a total of 221 petrol stations were submitted to an in-depth inspection, checking all their conditions of operation. Most thoroughly inspected petrol stations did not have a forecourt constructed of impervious material or a hydrocarbon separator. The EIS also observed that the compulsory inspections of the storage tanks and the electrical installation had often been omitted and that the report proving consultation on fire-fighting means and the collection of fire-fighting water was often lacking.

The forecourt was not constructed of impervious material and furthermore sloped down towards the public sewer gullies.

At the end of 2003 the operators of 75 of these petrol stations voluntarily stopped their businesses. The operators of 104 petrol stations have carried out or are carrying out the necessary adjustments. Soil sanitation activities and building licences often slow down the process towards full regularisation.

In May 2002 the EIS noticed that the storage tanks had not been reinspected. After a new official report and a new exhortation they were reinspected in August 2002. They were however again only approved for a limited period, as the operator had not taken any action with regard to the remarks formulated during the previous inspection.

Within the framework of this action the EIS took mandatory measures against 36 petrol stations in 2002 and 2003: the petrol stations were closed until they fully met the conditions of operation. At the end of 2003 4 of these 36 petrol stations were still sealed, 4 others voluntarily closed and 2 petrol stations carried out the necessary adjustments. The other files have not yet been closed, mainly because the appeal procedure to the Flemish Minister for the Environment against the mandatory measure is still running.

In September 2002 the petrol station was taken over by a new operator who obtained a building and environmental licence for a new petrol station already in November 2002.

Sanitation of a petrol station During an inspection at a petrol station in August 2001 the EIS observed a large number of violations. The necessary fire-fighting equipment was missing, the tanks did not have any identification and the storage tanks and the electrical installation had not been periodically inspected. The holes with the tank filling valves were full of water.

The operator said that he had not planned any further investments to adjust the petrol station, as it would soon be taken over by another operator. The EIS drew up an official report and exhorted the operator to regularise things. In September 2001 the storage tanks were approved for six months following a general inspection. This limited period allowed the operator to carry out the necessary improvements.

When the old petrol station was demolished in January 2003, odour complaints were received and the EIS noticed that the soil at the pump island was polluted. The EIS took soil samples. It resulted from their analysis that the soil was heavily polluted with mineral oils. The presence of benzene, xylenes and ethylbenzene in the groundwater was also established. In March 2003 the EIS saw that the new operator had completely renovated the petrol station in accordance with the Vlarem II requirements. OVAM was requested to continue the follow-up of the soil and groundwater sanitation.

Specific Enforcement Campaigns

The limited acoustic investigation (LAI) is the control-instrument par excellence in the handling of sound complaints

3. Noise and vibrations working group The Noise and vibrations working group mainly deals with noise and vibration complaints. The EIS investigates noise complaints by means of a so-called ‘limited acoustic investigation’. In order to ensure that all complaints are dealt with in a uniform manner, the working group drew up a manual with regard to this limited acoustic investigation.

3.1. The ‘Limited Acoustic investigation’ Introduction

The current noise legislation is much older than the Vlarem regulations and the Environmental Licence Section and the Environment Inspection Section. It dates from the AROL era (Administration of Town and Country Planning and the Environment) when advice provision (for the issue of a licence) and supervision were carried out by the same organisation and the same officials. There are consequently two types of acoustic investigations: one to verify compliance with the conditions of operation and another, more elaborate investigation, intended for advisory purposes. The first acoustic investigation is called a ‘limited acoustic investigation’ (LAI), the second a ‘full acoustic investigation’ (FAI). The LAI’s sole objective is to measure the acoustic parameter of the specific noise of an establishment and to

test it against the relevant conditions. This is the only way in which a LAI is ‘limited’. There are no other limitations as to measuring duration or measuring period for instance. The LAI is the most important instrument of the environmental inspectors in general and of the EIS environmental inspectors in particular. According to the ‘definitions of noise’ contained in Vlarem II the LAI has to be carried out under the responsibility of these environmental inspectors. Please find below a description of how a LAI should be carried out according to the EIS.

Legal basis

Vlarem II is an implementing order of the Environmental Licence Decree of 28 June 1985. The basic article for preventing noise pollution is article 22 of said decree: ‘the operator of an establishment must comply with the conditions of operation. Regardless of the licence issued he must always take the necessary measures to avoid damage, nuisance and major accidents…’. This last provision is also included in art. 4.1.3.2. of Vlarem II. Consequently, mere compliance with the licence’s environmental conditions or those included in Vlarem II is insufficient. Every interpretation of the legislation in Vlarem II must be tested against these articles.

2003 Environmental Enforcement Report of the Environment Inspection Section

Night noise has to be judged on a different level because sleep disturbances are more important.

Starting-points of the EIS

The specific noise of an establishment

- The specific noise of an establishment that needs to be tested against the provisions of art. 4.5.3.1.§§1,2,3 and 4 and art. 4.5.4.1. of Vlarem II is the global noise (so stable, fluctuating, impulsive, … together) of the entire establishment as this is causing the noise pollution. The provisions of the articles 4.5.3.1.§5. and 4.5.4.1.§5. on intermittent noise are merely additional conditions. Establishments must always comply with the basic articles stipulating that nobody may cause noise pollution.

I. During the day (from 7 a.m. to 7 p.m.)

- The acoustic parameter most representative of noise pollution is the LA,eq of the establishment (not of the measurement!) over a certain period. As the highest sound levels cause most noise pollution, measuring has to be carried out over a period in which the highest sound levels are produced. It is also possible to choose a stricter parameter than the LA,eq but this choice must be justified. - The guide values listed in annex 4.5.4. of Vlarem II and the resulting standards apply in open air, i.e. at any spot beyond the establishment’s property boundaries where there is or can be noise pollution.

When selecting the specific noise there are three main options: 1. the LA,eq logarithmic (not arithmetical) on average over the entire daytime (12 hours). This is the least strict assessment. 2. the LA,eq of the noisiest period. The selection of the period depends on the circumstances. 3. the LA,eq of the noisiest events. Pursuant to the ‘Starting-points of the EIS’ the highest sound levels should be taken into account. Periods with lower sound levels are less important. Option 1 cannot be used, especially if the company does not perform activities the whole day. The periods with more or less noise are £ treated too equally. Option 3 is too strict. It does not take account of quieter periods at all. There is consequently only option 2 left. Summed up: the specific noise of an establishment during the daytime is the LA,eq of a period that is representative of the pollution and consequently contains the highest sound levels.

Specific Enforcement Campaigns

EIS did various sound measurements around the airport, and is now awaiting a definite spacing plan on the resulting sound contours in the licence

II. During the evening (from 7 p.m. to 10 p.m.) The specific noise is determined in the same way as during the daytime. The generally stricter guide values and standards that apply to the evening, can take account of the fact that noise pollution has a bigger impact during the evening. In this case it is possible to apply option 3, but this choice must be justified. III. During the night (from 10 p.m. till 7 a.m.) Night noise must of course be assessed differently because sleep disturbance is important during the night. In this case the abovementioned option 3 is the minimum condition even in case of short events. In some cases it is also justified to opt for a stricter assessment using for instance a statistical parameter as acoustic variable for the specific noise instead of the LA,eq. All measurements are carried out in accordance with the applicable standards and codes of good practice.

3.2. Zaventem airport In 2003 the EIS carried out new sound measurements in the vicinity of the national airport to see to which extent it had acted on the exhortation issued at the end of 2002 to take the necessary measures to prevent new violations. The measurements were carried out by an accredited expert in the area of ‘Noise and vibrations’ between 8 March and 9 April. The sound meters were installed under the flying route of the

‘Noordrand’ at four different locations, i.e. Koningslo, Grimbergen, Wemmel and Brussegem. Between 15 April and 18 April additional measuring was carried out at Wemmel. A significant improvement in respect of 2002 resulted from the measurements. Throughout the last working year discussions about the flying routes were constantly in the media. At the end of 2003 no consensus had been reached on the new dispersion plan that, to make compliance with it enforceable, had to be integrated into the current environmental licence of the airport operator. Consequently, the EIS did not take any further action.

Meanwhile final judgements are expected from: - the State Council with regard to the appeal of the airport operator against the environmental licence; - the Flemish Minister for the Environment with regard to the request of the EIS to impose additional licensing conditions with respect to the so-called test run area. The EIS is awaiting a final consensus between the parties on the dispersion plan of the night flights. This should then result in new sound levels to be integrated into the licence.

2003 Environmental Enforcement Report of the Environment Inspection Section

4. Waste working group

Distribution of the cooling installation inspections over the various industries 2003

2002 60% 50% 40% 30% 20% 10%

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se as

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ca r

c ni

pm eq

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t en

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de tra

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nd . he al th

Investigation of a cooling installation by a cooling technician.

A prohibited coolant was discovered in one of every two companies inspected. Three quarters did not have the proper operating documents. In three quarters of the companies cooling gas perceptibly leaked from the cooling installations. One in two companies failed to have their cooling installations checked for leak-tightness with the prescribed regularity. A quarter of the companies

In addition, by means of inspection campaigns, the industrial emissions of fluorinated greenhouse gases need to be dealt with, to support the objectives

In 2003 the EIS inspected 20 companies in two campaigns each time. The compliance of these 40 companies with the Vlarem regulations for cooling installations was checked. In general, these include: - ban on the use of certain coolants; - construction of the cooling installation in accordance with a code of good practices; - maintenance of the cooling installation in accordance with a code of good practices; - restriction of cooling gas emissions; - self-monitoring of the leak-tightness of cooling installations; - availability of operating documents.

ica

Particularly, during the plan period the storage and use of ozone-depleting substances need to be screened, the Flemish, national and international environmental regulations must be enforced, the use of prohibited coolants must be stopped and their regular disposal must be imposed, while relevant international enforcement actions need to be supported actively.

Cooling installations

On September 19, 2003 the Flemish Government approved the Environmental Policy Plan for 20032007. This plan, following the Flemish Environmental Policy Plan of 1997-2001 (MINA plan 2), provides for the continuation of inspection campaigns for ozone-depleting substances within the scope of the ‘ozone depletion’ issue.

In anticipation of the new environmental policy plan, the EIS included and implemented a project in its EIP for 2003. This mainly consists of three parts: - the inspection of companies with cooling installations that use ozone-depleting substances or greenhouse gases; - the inspection of companies that use ozone-depleting substances for other applications than cooling installations; - the registration of installations containing halons.

4.1. Control of the use of ozone-depleting substances

pursued within the scope of the ‘Climate change due to the greenhouse effect’ issue. The emissions of fluorinated coolants due to leakage losses must decrease.

The Waste working group conducted its co-ordinating role with the enforcement of regulations on the disposal and processing of waste materials this year mainly by means of a project in the scrapped vehicles industry, the further follow-up of the use of ozone-depleting substances and actions at soil sanitation centres, landfills, tank cleaning companies, gruel companies and transport companies.

Specific Enforcement Campaigns

Sampling of cooling gas: in 55% of samples (partly) banned cooling substances were found.

Control on the use of HCFK’s at a producer of plastic foam.

could not substantiate that the installations had been built and maintained in accordance with a code of good practices.

cooling installations that were sampled exclusively contained prohibited coolants.

It is observed that the most companies’ compliance with the regulations (80%) was checked for the first time. Based on the results of this random check, it is likely that the majority of the cooling installations in Flanders is not operated in compliance with the legal regulations. An independent professional cooling technician has inspected a total of 123 cooling installations in the 40 companies on behalf of the EIS, to check for any leaks. It was discovered that 72 cooling installations in 29 of the 40 companies had one or even several cooling gas leaks. The size of the cooling gas emissions due to leakage losses could be estimated in only one in six cooling installations inspected. The necessary data were not available for the other installations. In 2003 an average of 124% per year was calculated as the relative leakage loss, based on documents, compared to 84% per year during the 2002 inspection campaign. The majority of the companies (80%) had been previously inspected. With some caution, it can be said that the cooling installations that had come into contact with the EIS before, outperform other cooling installations with regard to cooling gas emission reductions. The road to the legally compulsory maximum of 5% per year seems long, however.

Sampling

Vlarem II prohibits the use or availability of CFCs and halons in cooling installations, except in hermetically sealed cooling systems with an installed motive power of 500 W or less. This ban has been largely in effect since January 1, 1998. The environmental inspectors have conducted a total of 40 cooling gas samples in 21 companies. In 55% of the samples – at 13 companies – prohibited coolants were found, albeit mostly in small concentrations. Two of the

This may have a number of possible causes: - the operator does not know the use of his coolant is prohibited; - the operator had his installation with prohibited coolant converted to have it run on permitted coolant, but the cooling technician who carried out the conversion did not dispose of the prohibited coolant in accordance with a code of good practices; - the operator had his cooling installation refilled with a permitted coolant (‘drop-in’) but any prohibited coolant still present had not been disposed of; - the operator hopes he will not get caught using the prohibited coolant and the cooling technician supplies prohibited coolant if the cooling installation needs to be refilled. It is very likely that a further banning of the use of prohibited coolant will only be successful in case of increased awareness of the operators, continuation of the supervision and the long-expected but not yet realised accreditation arrangement for professional cooling technicians. Actions under administrative law

In 2003 the EIS sent exhortations to 39 of the 40 operators. The EIS also drew up an official report for five operations, for the use of prohibited coolant, unacceptably high cooling gas emissions, the lack of legally prescribed certificates or failure to conduct the compulsory leak-tightness tests. By means of the exhortations the environmental inspectors urged the operators to make the risk of nuisance and damage to man and the envirnment due to the operation of their cooling installations more acceptable. Because the EIS focuses on the inspection of companies that belong to category 1 because of their activites and cooling installations that belong to category 2 at the most, large cooling installations that fall into category 2 establishments (e.g. large office

2003 Environmental Enforcement Report of the Environment Inspection Section

EIS controlled mainly cooling installations in class 1-industries.

buildings, major distribution centres, â€Ś) fall outside the scope of this project. The faults mentioned are probably typical of these companies.

A chemical distributor who has been exporting CCl4 for years without a licence was assisted in conforming to the applicable regulations.

If the Environmental Policy Plan for 2003-2007 is to achieve its ambitious objective of an emission reduction of ozone-depleting substances of at least 70% by 2007, compared to the 1999 emission levels, additional efforts will be necessary.

Halon extinguishing installations

Non-cooling applications (with the exception of halon extinguishing installations)

The environmental regulations that apply to these installations are mainly imposed by Regulation (EC) No. 2037/2000 of June 29, 2000 regarding ozonedepleting substances. This regulation was changed twice in 2003. This year the EIS investigated the compliance with this regulation in more than ten companies. No indications were found of any infringements at six of the plastic foam manufacturers inspected. They comply with the banning schedule for the use of HCFCs for these installations. The use of halon was not observed at two of the companies inspected that specialise in fire protection systems. Nor was any indication found of the use of HCFCs by an aerosol producer. Sufficient indications were found that the CFCs produced and delivered by a Dutch company to a Flemish company related to a company in the Brussels region were used legally.

Halons are the collective term for three brominated organic substances: CF2BrCl, CF3Br and C2F4Br2. Regulation 2037/2000 stipulates that fire protection systems and extinguishers containing halons must be decommissioned before January 1, 2004 and the halons must be recovered in an environment-friendly manner, barring critical applications. As in 2002, the environmental inspectors asked the operators about the presence of halon stocks and halon extinguishing installations in their establishment. In 2003 a total of more than 28 tonnes of halons was found at 25 operating sites, compared to 40 tonnes at 56 operating sites in 2002. The EIS will see to it that halons are regularly removed from all critical fire protection systems and extinguishers registered in 2002 and 2003.

Specific Enforcement Campaigns

Scrapped vehicles must be destroyed at a recognised centre

4.2. Scrapped vehicles The vehicle wrecks storage and processing industry has a long-standing reputation as an industry where people are not very particular about rules. Environment-friendly management is only slowly gaining ground. Still, this industry did not escape the increasingly strict Flemish environmental legislation based on the European regulations. In a Vlarea order amendmend dated April 28, 2000 the Flemish government unambiguously defined the moment from when a vehicle is to be considered waste. The term ‘scrapped vehicles’ replaced the vague term ‘vehicle wrecks’ from then onwards. The presence and timeframe for the expiry of the validity of the vehicle docments (certificate of registration, conformity certificate and inspection certificate) are the main criteria to determine a vehicle’s status. A scrapped vehicle must be delivered at an approved centre for the destruction of scrapped vehicles within specific timeframes. The approved centre – 13 such centres existed in the Flemish region at the end of 2003 – makes sure the wreck is scrapped after it has been expertly dismantled as stipulated by law. This usually takes place in a shredder that may or may not be located at the approved centre’s premises. A scrapping certificate confirms the legal processing. Based on this document, the vehicle can be deleted from the files of the Department of Motor Vehicles (DMV). Before the scrapped vehicle ends up at an approved centre

it can and may be processed by a car wrecking company. This type of companies must have a category 1 environmental licence from a storage capacity of 100 wrecks onwards. Vlarem II stipulates a series of sectoral conditions for this specific industry of waste-processing companies, with an emphasis on the traceability of waste flows and the prevention of soil pollution as a result of the liquids present in the wrecks. By implementing a project in this industry the EIS wanted to gain experience in the industry. Three types of companies are involved in the processing of scrapped vehicles: demolition companies, the approved vehicle scrapping centres and the shredder companies. A total of 16 companies were selected for inspection within the scope of this project: five approved centres, one shredder company that is not part of any approved centre, nine passenger car demolition companies and one company where heavy-duty equipment (lorries, cranes, …) are dismantled. Combined, these companies represent a licensed capacity of over 8,000 wrecks. Already when selecting the companies, the EIS opted for consultation with OVAM. After all, OVAM had already inspected 93 wreckers and eight shredders in 2002 to verify whether the scrapped vehicles were delivered on time to an approved centre and whether the shredded scrapped vehicles were indeed destroyed via an approved

2003 Environmental Enforcement Report of the Environment Inspection Section

centre. Compliance with the environmental conditions was not checked, because this was not one of OVAMâ€™s competences. The OVAM experience was used in combination with the EISâ€™ own experience to include the most relevant companies in this project. Five wreckers were inspected by OVAM and the EIS together. The EIS checked their compliance with the Vlarem conditions, while OVAM verified to what extent the operator complied with the Vlarea conditions. In preparation of the inspections, the members of the Waste working group visited a properly running car recycling centre on neutral ground, just across the Belgian-Dutch border. All inspections were carried out in the second half of 2003. The environmental inspectors received a checklist to do their inspection fully and thoroughly. In four cases the licence was found to be insufficient for the activities observed. In one case the environmental licence had expired as a result of a refusal on appeal of the building licence. It concerned a company not permitted by zoning regulations for which the local authorities had been promising a purpose modification for five years. Four operators had not yet appointed an environmental co-ordinator. The inspections clearly showed that the wrecking companies very poorly meet their administrative obligations related to the operation of a waste-processing company. Eight of the eleven wreckers failed in one way or another with regard to the registration of delivered, processed and disposed-of wrecks or other waste flows. Oddly enough, an approved centre even had an incomplete register. Compliance with the stipulations regarding a work plan, a document in which the operator of a waste-processing company must detail the manner in which he operates his company, where he stores waste and how he organises the delivery, processing and disposal of waste, among other things, is even worse. In 69 % of the companies inspected the work plan was present, but in 56 % of all companies it was did not corresponds with the actual condition. Again, it was striking that even one of the approved centres (different from the one mentioned above) did not have the compulsory work plan. Almost 40 % of the companies inspected did not have an impermeable floor with a leak-tight drainage system where it is prescribed. An impermeable floor is necessary in places where leaking wrecks are stored, where unprocessed wrecks are disassembled or where liquids are removed, where vehicles or parts are cleaned, where

EIS carried out controls based on a checklist: numerous shortcomings were determined.

batteries and recipients containing liquids are stored and where processed wrecks are cleaned that still contain parts with liquids in them. The construction of or expansion with an impermeable floor is often postponed because of the high cost. Of course the presence of an impermeable floor does not suffice. The wrecks must also be stored correctly. At more than half of the companies inspected the EIS found unprocessed wrecks on a non-impermeable floor. Some operators were stacking unprocessed wrecks where this was prohibited or did not comply with the licensed stacking height when stacking processed wrecks. That soil pollution indeed occurs in this industry, is evident from the obligation to do a descriptive soil investigation at six operators. Another sore point is the labelling of recipients in which any tapped liquids are stored. In more than half of the cases petrol, diesel, various oils, coolants and brake fluids are still found in recipients that do not clearly mention the contents and do not have the necessary danger symbols. One in four companies did not have the compulsory weighing bridge. At five companies polluted industrial wastewater was discharged without passing through a hydrocarbon separator. In two cases traces were found of illegal waste incineration. Save one, all companies have a sufficiently high fence around their premises. In this case too, it is in the operatorsâ€™ best interests to prevent unwanted nighttime visitors from entering the premises. The compulsory five-metre-wide green belt consisting of indigenous plants was not or was insufficiently planted at seven companies. An equal number of operators had to update the existing sign. A total of nine of the sixteen operators were reported for infringements on environmental legislation. This shows that the industry is still a long way off from complying with the new environmental legislation. Three operators show that it is not impossible to comply with the environmental legislation. Based on the experience gained, the EIS has updated its checklist for future inspections in the industry.

Specific Enforcement Campaigns

The operator applies a foil to the landfill.

4.3. Groundwater pollution around landfills As in previous years, a number of landfills were subjected to a thorough groundwater study in 2003. With these investigations, carried out by specialised design offices, the EIS wanted to answer the question whether or not the current operation still results or may result in additional soil and groundwater pollution. In these studies an evaluation is first made of the present condition, based on available data, such as plans of action, profile plans, groundwater analyses and prior investigations. The hydrogeological situation around the landfill was also charted. A second section comprises the fieldwork, such as sampling of existing observation wells around the landfills, followed by groundwater analyses. One or more additional observation wells often need to be installed to get a better idea of the origins of groundwater pollution. Sometimes existing observation wells are not ideally located or the filter set-up of the gauge is not at the ideal depth compared with the groundwater table. Based on the investigation results, the design office formulates an answer to the question whether the operation still results in additional soil or groundwater pollution. A first groundwater study in 2003 pertained to a complex of category 1 and category 2 landfills. The investigation was a continuation of the study carried out by the EIS at the site in 2001. Whereas the previous investigation covered the entire site, the present study only covered the landfills still in operation. In addition to the investigation into additional pollution, the presence of control drains under the film and their proper operation had to be investigated. A camera inspection of any control drains present revealed that they had no use. They were constructed with an incorrect slope, were partly submerged, were clogged with sludge or were deformed. Because of these drains,

the leak-tightness of the films under the dumping areas could not be reliably checked. Since 2001 Vlarem II includes the installation of a leak detection system to replace the control drainage system as a sectoral environmental condition for category 1 and category 2 landfills. Furthermore, the study showed that the groundwater had been locally affected by the category 1 landfill and that the groundwater was also affected between the category 2 landfill being finished and the already finished category 1 landfill. Based on the nature of the pollution, the design office concluded that the last pollution came from the category 2 landfill and not (or only partly) the upstream finished category 1 landfills. Based on the observations of the investigaton, the operator was reported and exhorted to take a number of measures. The poor operation of the control drains had to be compensated with a more intensive groundwater surveillance by sampling a series of additional observation wells twice a year. In addition, the new parts had to be fitted with a film with leak detection and technical and organisational measures were needed with regard to leachate management and several polluted areas had to be contained further. In the meantime the descriptive soil investigation had been finalised. This investigation had been conducted as a result of the conclusions of the first groundwater investigation of the EIS in this case. One the one hand, this descriptive soil investigation explains the local pollution observed next to the current category 1 landfill, where a tanker with leachate is said to have lost its cargo in the not too distant past. On the other hand, this study concludes that the groundwater pollution observed between the category 2 landfill and the previous category 1 landfills does not come from

2003 Environmental Enforcement Report of the Environment Inspection Section

the category 2 landfill, but from previous impermeable leachate basins and from overflowing leachate from the previous category 1 landfill. Because the above-mentioned calamities were never reported to the EIS, although this is compulsory according to Vlarem II, the operator was reported and exhorted to draw up conclusive internal procedures.

rainwater from coming into contact any longer with the materials dumped. In addition, two additional observation wells need to be installed downstream for an even better follow-up of the groundwater quality.

The conclusions of the descriptive soil investigation forced the operator to develop a soil sanitation project in consultation with OVAM.

Based on a groundwater study around a monolandfill for gypsum that was finalised late 2002, the EIS ordered the operator to take additional measurements in 2003. The study confirmed the groundwater pollution previously observed and stated that the present operation still caused additional groundwater pollution around the landfill.

A second groundwater study was carried out because some local residents near a category 2 landfill had expressed their concerns about the groundwater quality. The study comprised the sampling of the existing groundwater observation wells and the addition of a new observation well.

The operator was reported and exhorted to take a number of measures to prevent additional pollution by the current operation. These measures involve the application of a film with a suitable drainage system in certain parts of the landfill, the sanitation of the ditches for gypsum transport water and leachate management around the landfill. The EIS will monitor the further implementation.

The conclusion of the study was that the limited groundwater pollution around the landfill did not involve any risk. This limited pollution had already been observed during previous investigations and no increasing trend was noticeable compared to the previous analysis results. The study concluded that the current operation of the landfill does not cause any additional groundwater pollution. Therefore no additional measures were needed.

A third study was carried out late 2003 around a category 2 landfill and the adjacent category 3 landfill already finished. The analysis results of the groundwater around both landfills hinted at an influence on the groundwater quality. Increased concentrations of parameters that could be related to domestic landfills were recorded in the groundwater. The study states that the groundwater near the category 2 landfill was probably negatively influenced by former illegal dumping in the quarry in the â€˜80s. The illegally dumped materials allegedly have been removed from the quarry in 1984 and 1985 â€“ maybe incompletely â€“ before the operation of the category 2 landfill began. The groundwater quality may have been further influenced during the landfill operation. Considering the parameters and concentrations observed, the influence of the groundwater quality near the category 2 landfill was rather limited. The increased arsenic concentration in one observeration well cannot be associated with the dumping activities. The environmental licences of the category 2 landfill were valid until late 2003. The operator made the necessary arrangements to finish the landfill in the course of 2004. A speedy finalisation of the landfill after the discontinuation of the dumping activities prevents

Groundwater sampling around a landfill.

Polluted soil is stored on a liquidproof hardening.

The activities at soil sanitation industries can be extremely environmentally taxing.

4.4. Specific inspections at soil sanitation centres Early 2003 14 soil sanitation centres were in operation in Flanders. In a soil sanitation centre polluted soil and specific waste (e.g. sand box sand, cesspit sludge, …) are recycled into raw materials for reuse. Depending on the type and degree of pollution and the soil structure, the polluted soil is sanitised physico-chemically, biologically or thermally. Techniques The extractive sanitation of soil, also called wet sanitation or physico-chemical cleansing, is a treatment process whereby pollutants in the soil or waste are removed with a combination of different particle separation techniques. The soil is first introduced in a watery slurry and then vigorously stirred. Organic parts and fine (mineral) parts are then separated on the basis of the particle size and density on the one hand, allowing a physical separation of the pollutants. On the other hand, chemicals may be added to the process water to improve the solubility of pollutants and to soak them off the soil’s mineral and organic components. These chemicals are dosed depending on the pollutants to be treated. As a final step, the sanitised soil is dewatered. Heavy metals, PAH and pesticides can be removed with this method for approximately 90% to a maximum of 98%. Biological cleaning with bioheaps is highly suited for soil polluted with biodegradable compounds. These are generally petrol and diesel oil-like compounds with a carbon chain length up to C25. For an optimum degradation, a number of parameters are checked and controlled. An important parameter is the oxygen content. This is maintained by means of an aeration system or by regularly turning the soil over with a turning machine. Other parameters to be controlled and optimised are the structure of the soil, the nutrient and bacteria content, the moisture content and the temperature. Thermal sanitation is based on the evaporation of pollutants from the soil. Heating the polluted ground to a temperature of 350 to 600°C, mostly in a rotating drum system, volatilises the pollutants or causes pyrolysis of the pollutants.

The pollutants are transported to the gas phase and processed in a separate gas treatment system.

Environmental load All soil sanitation centres have an impermeable paving, which includes facilities to collect rainwater and leachate water, preventing emissions into the soil, in practice. (Rain)water on the premises are collected and treated in a water treatment plant and, if possible, reused as process water. Soil is delivered and stored, processed and removed at all soil sanitation centres. It is possible that soil is blown up during these activities, particularly fine breathable dust (< 10 µm). In case of non-sanitised soil, this may spread pollutants. Dust may be blown away from the location to any nearby surface water. For some of these companies the licence decision included a covering of the polluted soil with tarpaulins as an additional condition. Odour emissions mainly occur during delivery, storage and pretreatment. Depending on the required sanitation technique, odour emissions remain possible during the treatment itself. The water environmental compartment is affected as a result of the possible discharge of waste water. The amount of contaminated rainwater at an establishment depends on the paved, uncovered surface and in many cases is a relatively large part of the amount of effluent that must be discharged eventually. Rainwater falling on covered parts of the premises is not polluted. As regards noise, a distinction can be made between general noise sources, such as the coming and going of lorries, which occurs with all soil sanitation centres, and noise sources of specific installations.

2003 Environmental Enforcement Report of the Environment Inspection Section

The plan based on the soil sanitation industries with the location of the parties, is adapted daily.

Each leading party must be clearly identified on the terrain.

Objective in 2003

inspection, it is important to check the descriptions in the work plan against the observations on the premises. It is the intention that the procedure described in the work plan offers sufficient guarantees to prevent irregularities.

In 2002 exploratory inspections were already carried out. An important conclusion was that the work plan was of primary importance for this industry. To prevent irregularities and to allow a uniform inspection campaign on the department level, it was decided to subject all licensed soil sanitation centres to a complete inspection in 2003. During the on-site inspection the descriptions in the work plan were checked against the observations on the premises. Samples were also taken of soil that had been delivered but still needed to be sanitised, of soil that had already been sanitised or any other materials such as cesspit sludge which some of these companies were allowed to process. The analysis results were checked against criteria included in the licence or Vlarebo or Vlarea criteria depending on the purpose of the sanitised soil. At two companies a batch of sanitised soil failed to meet the Vlarea criteria for use as secondary raw materials. These companies were exhorted to draw up a sanitation plan. Ten of the fourteen soil sanitation centres were exhorted to comply with a number of licence conditions such as the drawing up or updating of the work plan, regularisation of the licence condition and adjustment of the registers. Three companies were also reported for non-compliance with the conditions. In particular, one company was reported for a number of infringements on the general section 2 conditions; the other two companies failed to report the start-up of their operation (art 5.2.1.8.§1.) to the EIS. Operators of waste-processing establishments must have an approved work plan, clearly showing the organisation of the delivery, the organisation of the discharge and the manner of operation, among other things. Again, this clearly shows that the work plan is an important control instrument for soil sanitation centres. The work plan may state the criteria determining the acceptance or refusal of a batch of soil, and the criteria to consider soil as ‘sanitised’. It may also include in which manner the process flows can be traced and which internal inspections or analyses can be made to monitor the treatment. In case of an on-site

Continuation of the action As of January 1, 2004 the trading of sanitised excavated soil must follow earthmoving rules, described in chapter X of Vlarebo. This new regulation stipulates how excavated soil must be handled, from the excavation site, via the transport, to the soil’s final destination. When the excavation amounts to more than 250 m3 or when the excavation occurs on a suspect terrain, the regulation applies. At the place of origin an accredited soil sanitation expert determines the quality of the soil to be excavated and reports this in a technical report. With a view to obtaining a soil management report the technical report is presented to an accredited soil management organisation, or an accredited intermediate storage facility (TOP) or an accredited soil sanitation centre (SSC), insofar as these organisations will trade the excavated soil. A soil management report relates to the purpose of the excavated soil and is only issued if the environmental quality of the soil allows its anticipated use, and if the soil can be fully traced. The new regulation is aimed at limiting the environmental risks related to earthmoving as much as possible, in other words to prevent that polluted soil is moved to another location in the future, thus preventing new pollution. A soil management report is generally issued by an accredited soil management organisation, such as the Soil Specimen Bank. However, the lawgiver also says that intermediate storage facilities and soil sanitation centres can issue reports for all the excavated soil temporarily stored at the installations or sanitation at the installation. But in order to issue soil management reports, these organisations must show that they can work with an approved set of quality rules. For this purpose OVAM is developing a code of good practices for soil sanitation centres.

Specific Enforcement Campaigns

As from 1 January 2004, new rules on soil removal are enforced.

This version contains many new stipulations that go beyond the sectoral conditions for these section 2 establishments. With the introduction of new procedures via accreditation, the work plan will have to be readjusted. As this involves the necessary uniformity requirements, and to avoid irregularities with the coming into force of the earthmoving regulations, this action at soil cleansing companies is continued in 2004

4.5. In brief Illegal disposal of waste in the food chain In 2002 the ‘Bioland’ affair came to light: due to the careless processing of polluted sugar waste, from a pharmaceutical multinational, hormones ended up in lemonade, ice cream and pig feed. This affair confirmed once more the existence of a grey area which allows residual flows or waste (after processing or otherwise) to end up in the food chain. In some cases the statute of the processed flow is unclear: by-product, waste or secondary raw material? In other cases, waste is used as a secondary raw material without any legal framework (e.g. the use of waste that can be converted into fodder and used to feed animals, for which the legal basis will be included in the amended Vlarea). In other cases waste ends up in the food chain due to illegal practices. In 2003 the EIS co-ordinated a limited action regarding the illegal disposal of waste in the food chain. A relatively limited number of staff members was budgeted for this action. Thus it was not the intention to thoroughly inspect a large number of companies. The intention of this action was rather to deal firmly with companies that do not operate correctly, ‘visibly’ and ‘tangibly’ (cf. Bioland).

The choice of this type of companies was not obvious. In any case, a list could not be compiled on the basis of field experiences of environmental inspectors. After consultation with OVAM and FAVV it was decided to focus the action primarily on two industries: gruel companies and tank cleaning companies where tankers are cleaned that have contained foodstuffs. In both industries there is a real chance of illegal mixing of waste flows with flows that end up in the food chain. 20 companies were selected: nine tank cleaners, eight gruel plants, three of which for own use, a closed fat-processing company, an international caterer and a manufacturer/processor of starch derivatives. The inspections centred on the following points of attention: - the traceability of the waste processed. In every inspected company where waste is processed, the waste registers were thoroughly checked. For instance, it was verified whether all the batches present had been recorded in the register, whether the origin was clear, whether there was a processing register, whether the disposal register was sufficiently clear and detailed; - the presence of a sound work plan. It is particularly difficult to discover if waste is illegally processed in a company. An inspection gives only a very momentary idea of the activities performed at the company. Vagueness and a lack of clarity are directly proportional to the possibility to undertake illegal activities. The EIS can reduce these aspects by enforcing correct and timely completed registers via the work plan, by approving a presented work plan only if it is sufficiently detailed and clear and by following the work plan;

2003 Environmental Enforcement Report of the Environment Inspection Section

- the control of the ban on the use of certain ingredients in animal fodder. For instance, the sludge of tank cleaners must not end up in animal fodder. The same applies to kitchen waste, bowel contents and six other ingredient groups.

licence of one tank cleaner was requested because the operator was careless about the environmental legislation and refused to comply with the exhortations imposed.

Control of waste at transport companies The inspections showed that 4 companies presented a category 2 permit, whereas they were actually involved in category 1 activities. The traceability of the processed waste was rather good. A register was present in most cases, either of suppliers of raw materials for gruel, or of cleaned tankers. There was little conformity with Vlarem, however, and a number of register data were not always clear in the register. For instance, Vlarem requires that the source (address) and the origin of the waste (the production process) are mentioned. These are important data which should allow the EIS to assess the waste flow quickly. Especially with tank cleaning companies, this tended to be a problem as only the waste transporters were registered. One tank cleaner, linked to a car wash, could not even say what the contents were of the tanks being cleaned at his company. Another element that was usually lacking, was the EURAL code characterising any waste included in the European Waste Catalogue. This made a quick totalisation of the various waste materials per code very difficult. More than half of the companies, including 6 tank cleaners, did not have an EIS-approved work plan. In a number of cases some internal procedures existed within the scope of a quality standard.

In the month of May 2003 the EIS inspected 19 transport companies in the judicial districts of Ghent and Dendermonde in co-operation with Federal Police and OVAM officials. In the first instance, it was checked in which manner the waste, produced in the establishment, was disposed of. Particular attention was paid to the disposal of used oil. The licence condition and compliance with a number of important environmental conditions were inspected simultaneously. Infringements were found at 18 companies. The seriousness of these infringements varied significantly. In three companies, where used oil was incinerated, the EIS proceeded to sampling. The companies were visited again afterwards. Used oil is not incinerated anymore by the transport companies. Further to the observations, sanitation measures were imposed in all companies where infringements were found. Some sanitation projects are still ongoing in 2004.

None of the prohibited ingredients included in a list by Royal Decree of February 8, 1999 regarding the trade and use of products destined for animal feeding, were found with gruel manufacturers. The withdrawal of the

EIS sampled used oil at industries incinerating this oil.

Specific Enforcement Campaigns

5. Air working group Within the EIS the Air working group co-ordinates all activities related to air pollution and odour nuisance. In 2003 this included the start of 2 new odour investigations and the finalisation of 3 ongoing odour investigations. The graphic industry and chipboard plants received special attention because of their significant emissions of volatile organic compounds (VOC). The enforcement of the planned policy was prepared by means of investigations into the determination and restriction of non-ducted VOC emissions at (petro)chemical companies and into the emissions of dioxin-like PCBs.

5.1. VOC emissions with solvent use – graphic industry On July 10, 2001 the Flemish government decision of April 20, 2001 regarding an amendment to Vlarem was published in the Belgian Law Gazette. European Directive 1999/13/EC regarding restrictions on volatile organic compounds (VOC) emissions resulting from the use of organic solvents with certain activities and in installations (the so-called Solvent Directive) was hereby converted into national law. A section 59 was added to the categorisation list of Vlarem I containing the activities covered by the Solvent Directive. Vlarem II was expanded with a chapter 5.59, containing the sectoral conditions for those activities. The VOC issue was handled in a rather revolutionary manner in the new stipulations of Vlarem II. After all, emission limit values are not only imposed for ducted emissions, but also for diffuse and/or total emissions. Diffuse emissions are often expressed as the maximum percentage of the solvent input that may be emitted into the air. In addition, a so-called reduction programme may be used as an alternative for emission limit values, provided that a similar emission reduction can be achieved for all the installations, as with compliance with the emission limit values. The stipulations of chapter 5.59 cover many different activities, spread over very large and very small companies. Unfortunately, the text lacks clarity in many instances and the definition of the scope is not always clear. That is why a general VOC project was already included in the EIP for 2002, aimed at this issue. The immediate intention was to clarify a number of unclear issues in the law text and in questions of the EIS’ environmental inspectors. Eventually, it was the intention to achieve an appropriate enforcement methodology for the new and uncommon stipulations of chapter 5.59 of Vlarem II. This general VOC project was continued in 2003. To meet the needs of the file holders as much as possible, it was decided to make a vademecum and to organise VOC training. The members of the Air working group acted as go-betweens for questions from colleagues to the working group. The stipulations and the strategy for the enforcement

EIS conducted investigative control at printers, and requested solvent book-keeping.

of Vlarem II chapter 5.59 thus came up several times in the Air working group. Not all problems could be solved immediately. Sometimes help from Aminabel was needed, which had converted the European Directive into Vlarem, and sometimes a position of the Environmental Licence was required. The working group regularly sent an updated version of the questionnaire with the already available answers to the EIS’ local services for information purposes. In addition, the training for new legislation and the manner in which the inspections may be carried out were thoroughly prepared. Two external speakers were contacted and the contents of the explanations were geared to each other. For budgetary reasons, the training had to be postponed until March 2004. Already in 2002 the experiences gained with the general VOC project had shown that the development of an enforcement methodology required two speeds: a general approach under the overall VOC project and, simultaneously, an in-depth approach of one subsection 59. That is why the EIS launched a VOC project in 2003 at companies involved in the illustration intaglio printing, flexography and rotary intaglio printing subsectors of the graphic industry. These subsectors were selected because of their relevant VOC emissions and because a reduction of the VOC emissions from these companies had to be achieved by January 1, 2003, earlier than with most other subsections 59. The project began in the spring of 2003 with a selection of fifteen companies throughout the Flemish region and across the three subsectors. The EIS then conducted an exploratory inspection at the printing businesses involved, and requested the solvent books. The completeness of these documents was screened with regard to form and content and correct listing under section 59 based on the annual solvent consumption. Special attention was paid to critical items, imperfect lines of reasoning or loose assumptions in the books, as this exercise was meant to contribute to the development of an appropriate enforcement methodology for section 59 companies. Where necessary, additional information was requested. It soon became apparent that such a paper check could not suffice in this methodology development stage and that measurements of ducted VOC emissions and the determination of diffuse VOC emissions by means of measurements and/or calculations were necessary.

2003 Environmental Enforcement Report of the Environment Inspection Section

At odour measurements the sampling of gas emissions is done using nalophane bags of 60 litres in a sampling casket.

The analysis is done by panel members with calibrated noses, in a laboratory.

It was decided to outsource these control measurements. The Air working group developed the specifications for this assignment. The relevant measurement for the three different printing techniques was determined; company visits helped to make an estimate of the number of afterburners, emission points, measurement openings and ventilation points. For budgetary reasons, the tender and implementation of this assignment was postponed until 2004, however. This does not mean the issue of VOC emissions due to the use of solvents will not have a high priority in the years to come. The Air working group will co-ordinate preventive inspections, as all conditions for existing installations only take effect in 2005 or 2007.

local residents and model calculations. Also, as many observations as possible are carried out within the companies concerned, inter alia by investigating the relevant processes and carrying out emission measurements with olfactometric and/or chemical analysis. In the context of the company investigations, the emission-limiting measures already carried out and other feasible measures are also evaluated.

5.2. 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. Odours continue to be present around very many establishments, even after initial measures have been taken. The EIS must then be able to determine if the odour is undesired and if the company has taken all possible measures to reduce the odour. External support is often indispensable to achieve this. In industrial areas different potential odour emitters may be located close to one another, making it difficult to establish their share of the observed odour sources (nuisance). This can be achieved by using external support and by examining the company and its surroundings; it is then possible to impose odourlimiting measures on the most significant odour emitters.

Below is a description of the status of two odour investigations at the end of 2003, initiated in the summer of 2003 by order of the EIS and the final reports of which are expected in the second quarter of 2004. These studies were made in an around an industrial area in Maasmechelen and in Ghent. The environmental enforcement report for 2002 contained more information about the three odour studies initiated in 2002 and completed in 2003. These odour investigations were made in and around an industrial area in Tienen and in Grimbergen-Vilvoorde and at the polyester department of a company in the province of Antwerp. Based on the results of these studies, the EIS imposed sanitation measures on the odour-causing companies in 2003. Below it is explained what the results of this approach have been so far.

Maasmechelen industrial area In the mid-90s the EIS received numerous odour nuisance complaints from the residential areas in the vicinity of the industrial area. At that time, four companies were located in this industrial area that could cause odour (nuisance). It concerned a mushroom and vegetable composting company, a company for the storage, transhipment and processing of solid waste and an asphalt producer. Based on its own observations, the EIS fingered one of both composting plants as the major odour source. The EIS ordered the company to have an odour investigation carried out and to take the appropriate odour-reducing measures afterwards.

In all odour analyses by order of the EIS, the same methodology that has been in use in the Netherlands to prepare the drafting of olfactory standards for a number of homogeneous sectors is followed as much as possible. If the investigation is geared towards the surrounding area of the sources of odour, it will involve odour observations (sniffing measurements by the contractor and by environmental inspectors), an inquiry, keeping a log by the

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The highest odour concentrations were measured with the storage of fresh materials …

…and during turning.

The operator of the mushroom composting plant made sure the air from the hall where the raw materials are stored and mixed, and of the tunnels where the compost first ripens, is extracted and ducted into an air treatment plant. This treatment consists of an ammonia washer and a biofilter. A part of the air coming from the washer is ducted to the biofilter for further odour reduction, and a part is directly discharged via a chimney at a height of 60 m. The distribution of the air over the biofilter and chimney depends on the pressure drop over the biofilter and on the company’s activity.

The EIS decided to expand its approach of the odour problem to the entire industrial area. A thorough and systematic odour investigation in the surrounding area and at the four potentially odour-causing companies in the industrial area had to bring relief. The project began early August 2003. The final report should be ready in June 2004. In the meantime the asphalt producer had been shut down indefinitely for economic reasons, so the odour study was limited to the two composting plants and the waste-processing plant.

To assess the effect of this sanitation, the EIS asked the company to appoint an expert. The evaluation report at the end of 1999 stated that the odour problem in the surrounding area had been reduced, but not yet fully solved, that the operation of the air treatment installation was reasonably well, but could still be improved upon and that further odour reduction should be prioritised by limiting diffuse emissions. In addition, the report questioned the contribution of another composting plant to the odour problem, as the vegetable waste was fully composted in the open air. The mushroom composting plant took action to reduce the diffuse emissions. The lorry transporting compost material between two ripening stages, from one composting hall to the other, was replaced with a covered conveyor belt with extraction to the air treatment plant. In the meantime the number of complaints had strongly reduced at the end of the ‘90s. From the fall of 2001 onwards, however, the complaint frequency increased again. Observations by the EIS confirmed that odour nuisance regularly occurred in the residential areas around the industrial area, to about 2 km from the sources. Virtually all complainants fingered the mushroom composting company as the most likely odour nuisance source. The EIS again visited this company but it proved difficult to motivate the operator to incur further odour sanitation costs, all the more because the other composting plant had begun building a GFT (vegetable, fruit and garden waste) composting installation. Again, openly this time, the issue of this company’s contribution to the odour (nuisance) was again raised. The new GFT composting plant, equipped with air extraction, washer, two biofilters and a 14m chimney, was put into operation early 2002.

Each company was visited to review and assess all the critical odour items during the company’s operation. Measurements were carried out at the main emission points and the efficiency of the air treatment plants was determined. A total of 80 odour measurements are planned for ducted and non-ducted emission points. Late 2003, halfway the odour investigation, it had already become clear that the chimney of the mushroom composting plant and, secondly, the openair vegetable composting at the other composting plant were the main odour sources. In the case of vegetable composting, the highest odour concentrations were measured at the storage of fresh materials and at the 'youngest' piles where the first ripening occurred. The odour emissions of the waste-processing plant turned out to be negligible. Further odour measurements should confirm these observations. As regards the mushroom composting plant, it remains to be investigated how often the 'washed' air, without treatment by the biofilter, is simply discharged via the chimney and what the extent of odour emissions may be. As regards the vegetable composting plant, further measurements are planned for early spring 2004 because the biggest supply of grass and garden waste is expected then. In the meantime the investigation of the surrounding area also continued. The sniffing measurements around the companies confirmed the results of the odour measurements at the companies. Again, the odour mainly came from the two composting plants. Additional sniffing measurements in 2004 will provide more information about both companies’ contributions to the odour observed and the odour nuisance caused. The residents of Maasmechelen and of the surrounding muncipalities were also interviewed. In the months of August, September and October some 50 people in the

2003 Environmental Enforcement Report of the Environment Inspection Section

nearby residential areas kept an odour diary and 365 people from the vicinity were interviewed by telephone about their experiences with odour nuisance in the past year. Although the data of both investigations had not been fully processed yet at the end of 2003, it could nevertheless be decided that more than half of the interviewees had been confronted with odour from the industrial area in the past year. Most people fingered the mushroom composting plant as the likely odour source. Three quarters of these people considered the odour a nuisance to a great nuisance. The odour investigation will be continued and finalised in 2004. In addition to the above-mentioned additional measurements and further data processing, the emphasis will mainly lie on proposing suitable odour-reducing measures for problem processes and on determining a criterion to check the acceptability of the odour nuisance caused. Once the investigation report is available, the EIS will exhort the companies causing odour nuisance to take measures within an specific timeframe.

Ghent industrial area From 2000 onwards the EIS and the city of Ghent received persistent complaints about odour pollution experienced by people living on the right bank of the Ghent Canal area. Observations by the environmental inspectors of the EIS and environmental officials of the city of Ghent confirmed these complaints repeatedly. The cause of the odour pollution at the time was a new manure and waste-processing company. The EIS repeatedly reported the company in 2000 and 2001 and exhorted it to take odour-reducing measures. With the actions of the EIS, the residents of the boroughs involved became increasingly aware of a number of existing odour sources which they had tolerated until then. In addition, the new residents took action and filed complaints about odour nuisance caused by thesed companies. The EIS thoroughly investigated the complaints. However, finding out the sources and their contribution proved to be a problem, because the odours of the various probable sources were mixed into new odours and also showed a different odour type as the distance increased. An additional problem was the distance of the odour spread and its momentary nature. The EIS faced a difficult task. Still, a solution of the odour problem was more than urgent, as new odourcausing companies would be coming to the industrial area in the short term, which would probably increase the odour nuisance. That is why the EIS and the city of Ghent decided to start an odour investigation together in 2002. The city of Ghent funded the investigation of the surrounding area, conducted in the first half of 2003, whereas the

Misting of odour absorbent substances in silt bunkers

EIS had a source investigation carried out at the major odour-causing companies from mid-2003 onwards. The results of this investigation are expected by the summer of 2004. Both subinvestigations were started and followed up the EIS and the city of Ghent in mutual consultation. The investigation of the surrounding area was conducted in the boroughs on the right bank of the Ghent Canal area where most odour complaints were observed and focused on some six companies that had been indicated as potential odour sources by the EISâ€™ environmental in spectors, based on own observations. It concerned a wood machining plant, an animal waste processor and a manure and sludge processor, all located closely together in the industrial area involved, and three other companies located farther on, i.e. a company that stores (petro)chemicals and makes new formulas, a soy-processing plant and a yeast-producing plant. Some 40 sniffing measurements in the vicinity of these companies revealed that the odours from the soy processor and the yeast producer reached farthest and that the odours of the petrochemical company and the manure and sludge processor could only be perceived occasionally. The odour diaries kept by 72 people for three months largely confirmed the sniffing measurement results. The diaries

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chimney. The first series of odour measurements showed low odour emissions. No measurements had been conducted yet at the petrochemical company in 2003 because the odour-related production process had not been started up in the last months of the year.

Wood chipper and sieve at one of the industries involved in the Ghent Channel zone: the contribution to odour pollution seems limited and rather localised

also showed that the 2.5km-long odour plume of the yeast producer did not cause much nuisance for the local residents, whereas the odour of the soy processor, that reached just as far, was experienced as a nuisance or even a major nuisance. The other four sources were hardly mentioned in the diaries, indicating that their contribution to the odour nuisance was probably less and certainly more local than initially thought. In general, the residents of the Ghent Canal area apparently suffered from odour (nuisance) frequently. The telephone investigation of the surrounding area among 1,300 local residents also revealed the major odour pressure experienced by these people. Both the sniffing measurements and the odour diaries, and the telephone surveys, however, indicated that companies outside the area of the investigation also had an influence on the odour situation and the feeling of nuisance in the area investigated. The source investigation by order of the EIS began before the investigation of the surrounding area had been finalised. In the meantime, all activities at the manure and sludge processor had been stopped definitively and the wood machining plant had shut down its activities for an indefinite period, for economic reasons. The production processes and exploratory measurements at the other four companies were screened to determine the location of the major odour emission points. A total of 150 odour measurements are planned at these emission points, a third of which had been completed by the end of 2003. The results confirmed what the investigation of the surrounding area had already shown: the greatest odour emission was measured at the yeast producer and the soy processor. These emissions met the expectations as neither of the companies had invested sufficiently in odour-reducing measures. The company processing animal waste ducts all odorous gases into a steam boiler, where they are incinerated and discharged via a 20m-high

In 2004 the remaining odour measurements will be carried out under comparable and other circumstances than in 2003, after which the impact of the odour emissions of the four companies in the vicinity will be calculated. Specific chemical analyses will be used to determine which compounds cause the odour (nuisance). Eventually, all results of the company investigation will be combined with the results of the investigation of the surrounding area and an overall interpretation will be made. The objective of this exercise is the mapping of the odour nuisance contribution of the major sources and the recommendation of possible sanitation measures per source. Based on this, the EIS will exhort the companies causing unacceptable odour nuisance in the Ghent Canal area to take the necessary sanitation measures within a predefined timeframe, once the study is finalised mid-2004.

Industrial area in Tienen The odour investigation in and around four companies in Tienen had been finalised in July 2003. The odour measurements showed that two of the four companies were responsible for virtually all odour emissions in the industrial area, while the odour emissions of the other two companies were small to negligible. According to the study, the major odour source, a sugar refinery, respresented a 60% share of the odour load, a quarter of which on average came from sedimentation ponds for the collection of highly polluted washing water. The second company, representing 40% of the odour emissions, produces citric acid and derivative salts. Striking was that a third of the odour emission of this company came from a single cooling tower. The investigation of the surrounding area showed that the odour plumes of both companies and of the sedimentation ponds could be perceived at a distance of up to three kms and that the local residents experienced nuisance. The people living in the area between both companies experienced odour nuisance from both companies. Other important conclusions were that the highest degree of odour nuisance caused by the sugar refinery occurred during the beet campaign and that the companyâ€™s sedimentation ponds smell less often than the industrial processes, but are considered a greater nuisance. The limited odour emissions of the other two companies very occassionally resulted in odour observations in the immediate vicinity and, in some cases, nuisance.

2003 Environmental Enforcement Report of the Environment Inspection Section

No odour standards were available in Flanders, nor in the Netherlands, to assess the acceptability of the odour nuisance caused by the sugar refinery and the citric acid producer. This evaluation was thus made on the basis of guide values derived from the combination of calculated odour immission concentrations and nuisance percentages obtained from the telephone survey for each company. A check of the odour immission concentrations near the surrounding houses against these guide values showed that both companies and the sedimentation ponds did not comply and thus caused unacceptable odour nuisance. The immission concentrations were two to four times higher than the guide value. The study concluded with a concrete set of measures for the two major odour emitters. Reduction scenario calculations with checks of the derived guide values had determined the extent of the odour reduction or adjustment for each of these companies, in order to stop unacceptable nuisance to the local residents. As none of the companies had already taken odour-reducing measures, they were recommended to initiate an odour prevention policy as a first step. Process-integrated measures were then recommended, including a higher chimney, the use of odour-containing waste gas as combustion air for the steam boilers, the use of closed cooling towers instead of open towers, the use of heat pumps instead of cooling towers, the installation of pressure or vacuum valves on the storage tanks and the covering of odorous storage. It was proposed to reduce the odour emissions near the sedimentation ponds by limiting the wastewater load by means of a sand recovery plant, separating solid organic matter near the washing plant, avoiding sludge discharges and adding lime to the ponds. Source-limiting measures could also be an alternative. Finally, it was stated that end-of-pipe techniques could be necessary, depending on the result of a new inspection of the odour standards after the implementation of the process-integrated measures. The study also gave the two smaller odour sources advice on how to avoid odours causing local nuisance. The EIS reported the sugar refinery and the citric acid plant in October 2003 for causing unacceptable odour nuisance and exhorted them to take all the necessary measures to reduce the nuisance to acceptable levels within binding periods. It was indicated which minimum reduction scenario from the odour investigation had to be applied. In addition, the two smaller odour emitters were exhorted to act upon the advice formulated in the odour investigation. At the end of November 2003 the EIS organised an information meeting about the odour investigation results for the four companies involved. An important signal for the companies was the presence of the deputy Public Prosecutor at this meeting. By the end of 2003 three of the four companies, including the two main emitters, had presented their odour reduction plan to the EIS and had initiated its implementation. Of course the actions in 2003 were limited to lines of

The odour of both industries and sedimentation dams were noticeable up to 3 km

reasoning, cost estimates, feasibility studies and preparations of tests. Before the report on the odour study was available, the sugar refinery did implement some improvements to the sedimentation ponds and the anaerobic water treatment. In 2004 the EIS will follow up on the effective implementation of the necessary odour-reducing measures and their effects on the surrounding area. If necessary, the EIS will impose further actions.

Grimbergen-Vilvoorde industrial area The final report of this odour investigation was available in May 2003. The investigation had shown that two of the four companies emitted unpleasant and bothersome odours that could be smelled at a distance of 2.5 to 3 km. It concerned a GFT (vegetable, fruit and garden waste) composting plant and a gelatine producer. Long-term spread calculations were made for both companies. The odour immission concentrations calculated per company, in relation to the distance to the company, were checked against existing guide values. As no odour guide values exist in Flanders for GFT composting plants, the Dutch guide values were used. For the gelatine producer the guide values were applied that are used for abattoirs in Flanders and the Netherlands, as no specific guide values exist for this industry. The evaluation showed that the guide values for odour nuisance were exceeded in an area with a radius of several kms around the two companies. As a result, some three residential areas may experience unacceptable odour nuisance.

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In the composting industry odour pollution were mainly originating from the scow of the bio filter, and from diffuse emissions from the composting area.

The gelatine producing industry had taken various measures at the end of 2003.

According to the Dutch methodology, excesses of nuisance standards in a residential area result in a standard set of odour measures being imposed on the company involved. Checks of the measures already implemented at both companies against the standard measures for GFT composting plants and abattoirs showed that the GFT composting plants and the gelatine producer already complied. After all, in response to the longstanding complaints, the companies had already taken many odour-reducing measures. Both companies had installed a company hall extraction with gas washing and biofilter. At the composting plant, gases were discharged through a 19m-high chimney after having passed through the biofilter. The gelatine producer had fully covered some sedimentation ponds of the water treatment plant to avoid odour nuisance. Furthermore, both companies had also taken a number of process-integrated measures.

however. It was calculated that, if the company could sustain an odour removal efficiency of 95 %, the entry concentration at the biofilter should be halved in one way or another to achieve a concentration of 2,500 odour units per cubic metre at the outlet of the biofilter. The biofilter, surge and sedimentation basins of the water treatment plant and the diffuse emissions from the degreased bones storage facility were the main odour emission sources at the gelatine producer. According to the scenario calculations, the complete elimination of water treatment emissions in combination with a significant reduction of leaks from the degreased bones storage facility guarantee compliance with the guide values for abattoir odours, preventing any further unacceptable nuisance in the vicinity the company. Based on the results of these scenario calculations, VITO formulated concrete odour-reducing measures for both companies in the odour in vestigation.

As the odour investigation had shown that both companies could still cause unacceptable odour pollution, the possibilities of further odour emission reduction had to be investigated. Scenario calculations were thus made during the odour investigation, whereby the impact on the surrounding area was calculated for different reduction objectives and checked against the relevant guide values. The odour emissions at the composting plant mainly came from the chimney of the biofilter and secondly from diffuse emissions from the composting hall. Scenario calculations showed that this company could meet the Dutch guide value for existing composting plants if diffuse emissions near the composting hall can be avoided and if the post-biofilter odour concentration can be reduced to 4,000 odour units per cubic metre. To meet the guide value for new composting plants near residential areas in the surrounding area, the post-biofilter odour concentration must decrease further to 2,500 odour units per cubic metre, implying a 99 % efficiency of the biofilter. Such an efficiency is unrealistically high,

The EIS concluded from the investigation that the desired odour reducation at the gelatine producer, in addition to a strict follow-up and control of the previous measures, could be achieved by means of some smaller structural measures, such as the complete covering of the water treatment plant including treatment of waste gases via a biofilter and the installation of new doors at the degreased bones storage facility. The EIS therefore exhorted the company in June 2003 to present a sanitation plan for approval, containing binding timeframes, within a month. The EIS approved the plan in July 2003 and the company immediately initiated the sanitation. In the case of the composting plant, however, odour sanitation posed a bigger problem, according to the EIS. It was clear that the operation and load of the gas washer-biofilter combination had to be reassessed and adjusted in relation to the processing capacity for GFT waste. Far-reaching

2003 Environmental Enforcement Report of the Environment Inspection Section

The EIS monitors the sanitation processes at both companies and will assess the results in 2004. Special attention will be paid to the expertâ€™s report on the water treatment plant of the composting plant. After all, based on the report and its own observations, the EIS will judge whether the partial withdrawal of the companyâ€™s environmental licence can be lifted partly or entirely in the future.

Styrene odour from polyester processing

The odour was noticeable up to a distance of 2,5 to 3 km.

structural measures, such as the installation of an additional pretreatment plant, could be necessary. Considering the longstanding unacceptable nuisance caused by the company and the fundamental issues of the gas washer and biofilter, the EIS decided to request the withdrawal of the companyâ€™s environmental licence again in June 2003 until an accredited expert was able to guarantee that all the necessary measures had been taken to reduce any nuisance to acceptable levels. This withdrawal request was partly granted by the Flemish Minister of the Environment in July 2003. The environmental licence was not fully withdrawn but the licensed processing capacity of the GFT composting installation was halved. The withdrawal decision imposed a number of additional odour measures on the company. For instance, this involved a better control and processing of the GFT materials coming in, compulsory sniffing measurements in the summer for three consecutive years, the half-yearly meeting of a consultation committee with company representatives, the local authorities and the local residents involved and the introduction of a certified environmental care system. Late 2003 the gelatine producer had already taken many measures. The hall for the storage of degreased bones was fitted with rolling doors. Significant efforts were made to eliminate odour emissions from the water treatment plant. The capacity of the lime milk production plant was increased with 15%. The surge basin was fitted with surface aerators. The sheathing for the complete covering of the water treatment plant and an additional gas washer and biofilter were ordered. The start-up is planned for the summer of 2004. The investigation into the gas washer and biofilter at the composting plant in still ongoing. In addition, a new crusher for the compost materials and a new cover for the leachate basin was ordered.

Further to complaints about odour pollution from styrene originating in the polyester department of a company in the automotive industry, the EIS had an odour investigation carried out at this company from June to late December 2002. In this department large polyester items such as dashboards and bumpers are made. This takes place in or on a mould on which pigmented resin is first sprayed to give the final colour of the polyester product, and to which different layers of resin, possibly combined with glass fibre as reinforcing material, are subsequently applied. This can be done by spraying, manually or by vacuum injection. The resins contain considerable quantities of styrene that can be released during the application itself, and during the hardening of the parts in the moulds afterwards. The odour investigation, the final report of which was available in January 2003, revealed that the odour emissions could be virtually attributed to styrene and to a lesser extent to acetone which is used as a cleaning agent for the spraying guns. In addition, the emissions mainly occurred with peaks: when spraying the resins and when cleaning the spraying guns. These measurements also showed that the spraying of resins results in more styrene emissions than the manual application, which in turn results in more styrene emissions than with vacuum technology. Furthermore, a study of the air management calculated that 40% of the odour emissions are diffuse and 60% ducted. The large share of diffuse emissions was due to the fact that the polyester department was kept at permanent overpressure to prevent the workers from being exposed to excessively high styrene concentrations. From literature it appeared that there are many simple source-oriented measures to reduce styrene emissions. The possibilities are: minimisation of the spraying of resins and maximisation of the use of vacuum technology, use of controlled spraying, the use of technologically better spray guns with lower styrene emissions, the introducing and applying of codes of good practice for the use of cleaning products and the application of UV hardening of the polyester items. The following end-of-pipe techniques were proposed: biofiltration, active carbon adsorption and concentration followed by afterburning. Although the establishment had already made some efforts in the past to reduce styrene emissions, such as switching to resins with a lower styrene level and switching from spraying to

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Application of resins and through vacuum technology, the lowest styrene emissions are obtained

Manual application of resins allows less styrene emissions than injection, but more than vacuum technology

manual coating and vacuum technology for a part of production, the study revealed that the establishment insufficiently used BAT.

averages were found to be far below the 70 mg/m3 odour threshold value for nuisance for local residents. However, the report did not say whether the timing of these samplings had been selected depending on peak loads caused by activities at the company. Therefore it is impossible to draw any conclusions as to the acceptability of any odour nuisance with peak loads. The air management improvement was carried out in June 2003. The company installed a control system to sustain the overpressure in the polyester department. The measured pressure values are monitored on a control panel and were recorded from the start of the system onwards. Only 2 of the 8 source-oriented measures had been expressly investigated by mid-2003. The company had been drafting procedures for the application of the controlled resin and gelcoat spraying methods and had purchased and put into operation a spray gun cleaner with partial recovery of acetone. In the summer the EIS checked the actual implementation of the measures that were reportedly taken.

The EIS therefore exhorted the company in January 2003 to investigate the source-oriented measures mentioned in the study and, if technically feasible, to implement these, to improve the air management and to assess the results of these sanitation measures at its own expense by means of styrene immission measurements in the surrounding area. The exhortation also imposed the application of endof-pipe techniques, if it were to become apparent in the future that the process-integrated measures are not effective enough. The requirements of the exhortation were included in the special conditions of the companyâ€™s environmental licence several weeks later. The application and assessment of source-oriented measures was expected to take one-and-a-half year. The company was expected to present four progress reports with regard to the follow-up of this sanitation process; the first report should be ready mid-2003 and the second report late 2003. The following reports must be presented in April 2004 and early August 2004. The first progress report commented on the styrene immission measurements conducted prior to the sanitation, the improvement of the air management and the first steps of the investigation, application and evaluation of source-oriented measures. By order of the company, immission measurements were carried out at 5 locations, from mid-May to mid-June, around the company near the houses. Both weekly average and half-hourly average concentrations for the surrounding area were recorded as indicated by the EIS. The 20 weekly average concentrations, determined by means of diffuse samplers, turned out to be 500 times lower than the WHO health guide value of 260 mg/m3 as weekly average and corresponded with the styrene concentration measured by VMM throughout Flanders in 2001. The 10 half-hourly

The second progress report showed that the other 6 source-oriented measures were being investigated. The company had hired an employee specifically for this purpose. In addition, the procedures for controlled spraying were finalised. In August 2003 the company trained its polyester department employees in these procedures and the existing codes of good practice for the use of cleaning agents. Tests with three alternative cleaning agents were also ongoing. In the progress report the company mentioned some problems with the improved air management. During the hot summer of 2003 it was impossible for the workers to work with the doors closed and the control system was shut down for a couple of weeks. Furthermore, the outward-opening doors caused problems, because they were dangerous to open or close in case of high underpressure. The progress report also contained the results of styrene emission measurements carried out by an accredited lab

2003 Environmental Enforcement Report of the Environment Inspection Section

At the change-over of chemicals non-conductive VOS-emissions can be possible, through breathing losses, evaporation losses and leak losses

in November. The general emission limit values were respected, but only 3 of the 8 emission points were measured. The EIS thus exhorted the company to immediately measure the other 5 waste gas flows as well. The EIS will monitor the further progress of the sanitation process and its results in 2004.

Finally Victims of odour pollution submit complaints to the EIS. If these complaints are confirmed by the EIS's own observations, the EIS environmental inspector will draw up an official report and exhort the establishment to take the required measures on the basis of the Vlarem provision that the operator must take all necessary measures to prevent damage and nuisance. Very many complainants did not stop here. They initiated legal proceedings and had their case judged in court. The legal judgement dictated that the above-mentioned Vlarem provision cannot be regarded as a means obligation but a result obligation. The operator can therefore choose which resources he uses to prevent and combat odour pollution, but he does not have freedom of choice with regard to the result to be achieved. Not preventing and combating odour pollution by the operator can in certain circumstances have far-reaching consequences such as the paying of heavy damage compensation and prison sentences.

5.3. Exploratory investigation into diffuse VOC emissions In the spring of 2003 the EIS received the final report on the exploratory investigation into the determination and restriction of diffuse emissions of volatile organic compounds (VOC) at petrochemical and chemical companies and at storage and transhipment companies, carried out by VITO. Emissions from process installations are mainly caused by leakage losses. In the case of chemical storage and transhipment, they can be the result of breathing losses, evaporation losses and leak losses. During the investigation some 50 companies were surveyed to get an overview of the diffuse VOC sources, the current methods to determine these emissions and all the emission-reducing measures applied.

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Leakage losses at process installations may occur with appliances such as valves, flanges, pumps and compressors. About a total of 900,000 of these appliances exist at the companies surveyed. The total diffuse VOC emissions of these process installations, as reported in 2001 by the companies, is around 11,750 tonnes/year. About 74% of these emissions comes from the 2 major refineries and 3 chemical companies. As regards the storage and transhipment activities, it are mainly the major refineries that are singificant sources of diffuse VOC emissions. The VOC emissions from storage tanks and transhipment activities were estimated at about 5,000 tonnes/year and 2,350 tonnes/year, respectively, at all the surveyed companies combined. All the emission data mentioned are mainly based on model calculations. Because of the gaps in the available information and the lack of standardisation of emission stipulations, conclusions need to be drawn with circumspection. For these activities Vlarem II contains other obligations to measure and check diffuse VOC emissions. A number of specific conditions have been included in some recent environmental licences. It mainly concerns the implementation of a leak detection and repair programme (LDAR: leak detection and repair), with emission measurements. However, it is not concretely mentioned how this emission must be determined. The survey shows that about 60% of the companies determine the diffuse VOC emissions of their process installations and report it in their emission reports. Currently, the companies only make very limited use of instrumental determination methods. Calculations based on emission factors are used fairly generally, for both process installations and storage tanks. The accuracy of these non-instrumental methods can be increased by combining them with a number of measurements. The investigative report – like an IMPEL study some years ago – shows that there is no such thing as an ‘ideal’ determination method. A combination of a number of methods is best used, whereby the optimum eventually depends on the objective pursued and the accuracy and the feasible cost price. To increase the comparability of emission data between installations, it is recommended to standardise the methods.

provided that sufficient attention is paid to standardisation and quality control. According to the survey results, some 10 chemical companies applied a more or less comprehensive LDAR programme to their process installations in 2001. For lack of legal provisions, inspiration mainly comes from practical experience in the United States and the Netherlands, where such programmes have long been established. As a result, almost every company has its own variant of LDAR now. All the information collected was used to draw up proposals for emission determination methods and measures to limit diffuse VOC emission. LDAR is considered the preferred measure for process installations, as it comprises both emission determination and emission reduction. The report gives a concrete proposal for LDAR preconditions. It formulates criteria for the measurement frequency, the size of random checks, the measurement methods and repairs. The choice of criteria is based on Flemish and international experience data and guidelines, taking into account the present Measuring of diffuse VOC-emissions in the framework of leak detection and repair programs (LDAR: leak detection and repair)

Emission-reducing measures can be distinguished into end-of-pipe measures (e.g. vapour recovery and vapour destruction units) and process-integrated and preventive measures. Few specific legal provisions exist in this regard, with the exception of vapour recovery systems for petrol storage. The survey showed that many different measures are applied to limit diffuse VOC emissions, with regard to both process, maintenance, choice of equipment, …. The promotion of the use of leak-free equipment is of particular interest. Certainly compared with other techniques, LDAR is a cost-efficient measure to achieve a significant emission reduction. In addition, a great deal of experience has been gained with it. This measure can be enforced rather well,

2003 Environmental Enforcement Report of the Environment Inspection Section

In 2003, EIS continued with its project on the integrated scanning of the large petroleum refineries.

practical situation and the emission reduction pursued within the scope of the European Guideline for National Emission Ceilings (NEC). The federations of chemical and petrochemical industries in the Flemish region were kept informed of the investigation’s progress. They also developed their own proposal for the practical application of LDAR, which were partly taken into account in the conclusions. Based on the proposal formulated in the report, the implementing modalities of LDAR can be developed further and converted into legislation. The EIS advocates the inclusion in Vlarem II of the LDAR’s compulsory implementation by the target companies. To avoid jeopardising the enforcability of the legislation, sufficient attention must be paid to quality control (e.g. system of accreditations for the implementing authorities) and the verifiability of measurement data and actions. As regards storage and transhipment activities, the report only formulated a proposal on emission determination. The introduction of a preferred method allows more standardisation and thus comparability of the reported emissions. A legislative proposal for the necessary emission-reducing measures is currently being developed by Aminabel. The results of this investigation were presented to the public at a ‘diffuse emissions’ workshop on May 15, 2003.

5.4. Scanning of petroleum refineries In 2003 the EIS continued the integrated scanning project for major petroleum refineries. Both the ducted and non-ducted emissions into the air were considered, including dioxin measurements at some sources, among other things. The industrial wastewater and cooling water and waste were also examined further. The so-called bubble system applies to the ducted emissions into the air by petroleum refineries. This means that a common emission limit value applies to a company’s entire emission amount. This system offers companies a great deal of flexibility regarding emission-

reducing measures, for instance by changing fuels, but is difficult to enforce by the supervisory authorities, as it requires a continuous knowledge of the emissions of all subactivities to verify compliance with the limit values. The major petroleum refineries conduct many of the obligatory measurements or calculations of their emissions themselves. This form of self-monitoring is expressly stipulated in Vlarem II, provided that the emission surveillance system is regularly certified by an accredited environmental expert in the air discipline. The certification costs are at the companies’ expense. The EIS has paid a great deal of attention to this in recent years. The companies appointed an expert, who made a description of the existing air emission control system. Such a description had already been made a first time in 1993 for the internal SO2 emission management. In recent years the expert’s investigation comprised all the emission parameters of the bubble system: SO2, NOx, dust, CO and heavy metals. The expert bundled the screening observations in a report, assessing whether or not the ducted emissions were determined in accordance with a code of good practices. The EIS examined the expert’s reports and based its own assessment of the emission surveillance system on this report. In case of a positive assessment by the expert, the EIS could agree to the certification of the methods and practices used. In a number of cases the expert made recommendations and remarks about the procedures applied, with suggestions for adjustments. The EIS exhorted the company to adjust any reported bottlenecks and imprecise or insufficient work methods. The adjusted work methods were again assessed by the expert afterwards. The companies regularly reported their progress to the EIS. Late 2003 the certification of the emission surveillance system was finalised with the two major refineries. As regards the other refineries, the EIS monitored the adjustment of the work methods with the expert’s assistance. In addition to ducted emissions, the EIS paid a great deal of attention in recent years to non-ducted emissions of volatile organic compounds (VOC) of the refineries. These emissions occurred both in the process installations and

Specific Enforcement Campaigns

EIS raised an initiative towards the inclusion in Vlarem II, of a number of additional obligations regarding the use of flares.

Implementation of the debit proportional sampling apparatus for a sampling campaign at a refinery.

with the storage and transhipment activities. Within the scope of the general obligation to exercise care, the EIS asked the companies to initiate a programme to make an inventory and measure all the sources of non-ducted VOC emissions present there. This general framework had to be relied on, as no specific Vlarem II regulations exist as yet to measure and control these emissions.

campaigns, excesses of the emission limits contained in the environmental licence were recorded at two companies. At one company it involved nitrite and PAH and at the other company, nitrate, AOX and PAH and, on one measurement day as a result of an incident, a number of other parameters as well. The EIS drew up official reports. During the measurement campaigns to check the industrial wastewater discharged, the EIS verified how much industrial wastewater the company stored that still required treatment, to avoid the storage of highly polluted water in this period for processing in the water treatment plant and discharging at a later time, i.e. after the measurement campaign. During these checks, however, no particular fluctuations of the tank contents were found.

A special condition in a number of environmental licences, issued with a new licence or in case of an expansion of installations, was that the companies in question needed to initiate a leak detection and repair programme. In the meantime all refineries have begun setting up a system to make an inventory of non-ducted emission points at production installations, piping and storage tanks. This involves a great deal of preparatory work; counting the appliances on site is thus a labour-intensive job. The inventory of possible leakage points is drawn up by a companyâ€™s own staff and/or external specialised companies. The EIS still needs to develop the control of inventory results, including detection and measurement of the most relevant leakage sources. It is the intention to lay down the concrete modalities for such measurement and control programmes in new legislation, for which the EIS developed a proposal. In 2003 the EIS had the dioxin emissions checked at several petroleum refinery installations at its own expense and initiative. In four installations (catalytic crackers and catalytic reformers) measurements were carried out on two or three consecutive work days. The current emission limit value amounts to 2.5 ng TEQ/Nm3. The standard was not exceeded in the eleven measurements carried out. As of January 1, 2006, due to a recent amendment to Vlarem II, a stricter emission limit value of 0.1 ng TEQ/Nm3 will apply. At the catalytic reformers in two of the three refineries measurement values were found that exceeded this future limit value. The highest measurement value amounted to 0.37 ng TEQ/Nm3. In 2003 the EIS also checked the industrial wastewater discharge of the refineries by taking spot samples and flow-related samples. Within the scope of these

The cooling water taken in and discharged were also sampled and analysed by an accredited laboratory. The EIS did not find any excesses of the emission limit values. An administrative investigation into the waste produced was also made on the basis of the available OVAM reporting forms. No shortcomings were found. Various product flows originate from the refining process, that need to comply with specific quality standards and are often stored in separate tanks in the meantime. Sometimes these product flows need to go through a part of the refining process several times to meet the quality requirements. This method is inherent of the refining process. For some re-used flows, however, it is unclear what the added value of reuse is and the question arises whether they must be considered waste. Sorting out this issue requires a specific and specialised investigation in itself and could not take place within the context of the integrated project. Fuel gas is also produced during refining, that is partly used to stoke ovens or that is flared off in case of overproduction. Flaring off some pipes in case of any disturbances is made compulsory in the safety report. Flaring off is also common and often necessary for safety reasons in case of planned interruptions of

2003 Environmental Enforcement Report of the Environment Inspection Section

production installations and with a restart of installations. The use of flaring off to process certain residual flows must certainly be investigated further. In this regard too, the EIS insisted on the inclusion of a number of additional legal obligations in Vlarem II.

5.5. Formaldehyde emission at chipboard companies The use of urea-formaldehyde- or phenol-formaldehyde-based glues causes formaldehyde to be released when chipboards or fibreboards are formed in the heated presses. The waste gases of the board presses are mostly emitted partly ducted (via a chimney) and partly non-ducted (e.g. via roof fans or skylights) into the atmosphere. As a result, a traditional chimney measurement usually does not suffice for emission measurements. In addition, Vlarem II expresses the emission limit value for organic compounds in grams per cubic metre of board produced. In spite of the harmful properties of formaldehyde for man and the environment, the EIS found that virtually no emission observations and checks of the emission limit value had been conducted. Until recently, no measurement data were available with regard to formaldehyde emissions of the drying installations in this industry either. In the course of 2003 the EIS therefore had an investigation carried out into formaldehyde and other VOC emisssions with chipboard production. This investigation focused on the presses as well as the drying installations. In addition to a number of emission measurements, the intention of this assignment was to develop a generally usable methodology for reliable checks of press emissions. Measurements were carried out at four presses (five measurement days), eight drying installations (nine measurement days) and one wood waste incinerator. In most cases the organic carbon content was also measured in addition to formaldehyde, as a measure for the total amount of organic compounds. In some places the phenol and methanol amounts were determined. All chimney measurements (ducted emission) were conducted in the classic manner, with few problems. To determine the non-ducted emission, through skylights or fans, passive samplers (adsorption tubes) were used, that were suspended in the waste gas for about 24 hours. Linking the measurement data to production data allowed the press emissions to be expressed in grams per cubic metres of board produced, thus allowing a comparison with the sectoral emission limit value (120 g/m3 board). Because this limit value applies to the sum of a series of organic compounds, the concentration of each of these compounds must in

Emission measurements where performed at chipboard industries.

principle be determined separately. In practice, such a separate quantification is difficult to achieve, however. In addition to the specific determination of formaldehyde, FID measurements were used to determine the total organic carbon amount (TOC) as an approach. This measurement is easy to do, but has the disadvantage that it is more difficult to use for non-ducted emissions, that it only measures carbon and not the other component atoms of the organic compounds, and that it is not known to which extent they react to some organic compounds, including formaldehyde. As a result, the measurement values cannot be directly compared with the emission limit values from Vlarem II. If the TOC measurement value (in g of carbon per m3 of board) is significantly higher than the emission limit value (in g of organic compound per m3 of board), this emission limit value is probably exceeded. To be absolutely sure, specific measurements are needed to determine the composition of organic compounds.

Specific Enforcement Campaigns

This shows that none of the presses had a formaldehyde emission that exceeded the limit value for organic compounds (120 g/m3 board). The TOC measurements indicated that for press 1 the organic carbon emission was significantly higher than the above-mentioned emission limit value. The TOC could not be measured at one press, as only non-ducted emissions occurred. According to the general principle in Vlarem II, the operators are in any

PRESSES

case obliged to make the emissions ducted as much as possible.

The table below gives an overview of the measurement results for the four presses.

FORMALDEHYDE g/m3 board

g/u

g C/m3 board

g C/u

OSB press

933

446 (ducted emission)

9.369

Fibreboard press

2193

not measured

Fibreboard press

1933

57 (ducted emission)

3.351

Fibreboard press

3087

2.975

There was no correlation between the formaldehyde emission and the formaldehyde content of the glues used, as these glues chemically react during pressing. This makes it impossible to determine the emissions by means of mass balance calculations. A summary of the measurement results for the dryers is shown in the table below. The general emission limit value for formaldehyde (20 mg/Nm3, applicable from 100 g/h) was exceeded with twelve of the twenty-two measurements. However, major differences were found

DRYERS (min - max values)

among the installations and among various measurements at the same installation. High formaldehyde emissions were measured, at direct as well as indirect dryers. No measurable amount of formaldehyde was found in the waste gases of a wood waste incineration plant (< 0.1 mg/Nm3), nor could a link be found between the formaldehyde content of the dried wood and the concentration in the flue gases. All this indicates that formaldehyde is formed by the organic compounds present in the wood during the drying process.

FORMALDEHYDE mg/Nm

no. of measurements 3

TOC

TOC g/u

> 20 mg/Nm

(per dryer)

mg C/Nm

g C/u (per dryer)

Direct

0,33 - 96,1

8/14

15 - 4.600

130 - 1.274

11.807 - 91.473

Indirect

10,2 - 68,8

4/8

175 - 790

93 - 165

1.179 - 1.892

2003 Environmental Enforcement Report of the Environment Inspection Section

Chipboard industries are a large source of formaldehydeand VOS-emissions

In and around this industry an increased presence of dioxins and PCB’s were determined

Based on the experiences of the press measurements, an emission determination methodology was developed. The proposed method to determine the non-ducted formaldehyde emission was based on the use of passive samplers. To determine the non-ducted emission of organic compounds, it is proposed to use a first screening with an FID monitor (determination of the total organic compounds). If it appears the emission factor may be exceeded, a further analysis of the waste gas composition is necessary afterwards. The precise recording of the volume of boards produced during the measurements, is of course a requirement.

crossed by the Franco-Belgian border, splitting the company’s activities into Belgian and French companies. Because of legislative differences, specific actions are prohibited in the Flemish region, but permitted in France several meters farther. Because it would make little sense to take the necessary measures only at the Flemish part of the company, the EIS contacted its French colleagues of the DRIRE Nord-Pas-de-Calais. The issue was expounded in a first consultation, as it was new to the French authorities. In October 2003 the EIS and DRIRE Nord-Pasde-Calais made a joint inspection visit to the Flemish and French companies. The own methods were clarified and a joint further follow-up of the case was agreed on.

5.6. Dioxin-like PCBs Dioxin-like PCBs are a group of compounds with the toxicological properties of dioxins, which is why they were given a TEF value by the World Health Organisation (WHO). Since 2002 the VMM determines dioxins and the dioxin-like PCB-126 during deposition measurements. Dioxin-like PCBs have also been determined in farm milk samples in recent years, anticipating the European standards that will be laid down in the not too distant future. Especially in and around Menen very strongly increased measurement values were recorded. As such a high measurement value was found nowhere else in the measurement network across the Flanders region, a specific source (activity) had to be found. A scrap-processing company was focused on. On the EIS’ indications, the VMM expanded the PCB-126 measurement network with some additional measurement stations in the vicinity of other scrap-processing companies early 2003. These measurement results confirmed that strongly increased deposition values for PCB-126 (and dioxins) were recorded in the vicinity of such companies. The Menen company is a special case. The premises are

The EIS exhorted the company to investigate the cause of the PCB pollution discovered and to take the necessary measures to stop this pollution. The requested action plan should mainly focus on preventing the contribution of materials containing PCBs at the premises on the one hand, by means of a strict scrap acceptance policy, and preventing the distribution of dust containing PCBs by means of a better dust control policy on the other hand. After it became clear that the issue in Menen was a sectoral problem, the EIS took dust and shredder waste samples at the premises of various scrap-processing companies. The PCB content of these samples was determined (7 indicator congeners). Demonstrable quantities of PCBs were found to be present at several locations, but the results strongly varied. At one company concentrations of more than 50 mg/kg of PCB were found, which, in comparison, is the limit value for an ‘appliance containing PCBs’. Late 2003 a more comprehensive investigation into dioxin-like PCB emissions in the Flemish region was started by order of the EIS. Within the scope of this investigation, emission measurements will be conducted at the chimneys of 12 installations in the waste incineration, metallurgical, scrap processing and energy production

Specific Enforcement Campaigns

At the end of 2003, an extensive investigation into the emissions of dioxin-like PCBâ€™s (i.e. at scrap processors), were introduced.

industries. Deposition measurements will be made and terrain dust and waste samples will be taken at the premises of four scrap-processing industries. The dioxins, dioxin-like PCBs and indicator-PCBs will be determined in all these samples. The intention is to get an idea of the ducted and non-ducted emissions and, particularly, to learn more about the source(s) of the contamination found. This should be finalised in the fall of 2004.

5.7. In brief Emissions into the air of asphalt plants In 2002 the EIS had emission measurements carried out at all asphalt plants in Flanders. These measurements, carried out by VITO, served a double purpose: control of compliance with the applicable emission limit values for ducted emissions and the checking of measurement data against the threshold values for self-monitoring measurements. The Environmental Enforcement Report of 2002 contained more information about the results of these measurement campaigns. In the meantime, all sanitations following excesses of emission limit values measured have been implemented and finalised under the EISâ€™ close supervision. In 2003 attention was mainly paid to the active control of the self-monitoring process at asphalt plants. After all, the 2002 emission measurements had revealed that none of the 20 asphalt plants was exempt from the obligation to do self-monitoring for one or more parameters. 18 companies needed to do monthly CO measurements, 11 needed to determine dust emissions, either continuously or monthly, 8 needed to monitor TOC every six months and some also had to monitor

2003 Environmental Enforcement Report of the Environment Inspection Section

NOx and/or SO2. None of the asphalt plants conducted the measurements with the proper frequency. That is why the EIS formalised this obligation at the end of 2002 by means of exhortations to the companies. In 2003 the EIS regularly requested measurement reports of self-monitoring measurements from the companies. The assessment of the exhortation followup could not be finalised at the end of 2003 as not all measurement results were available yet. The Air working group did formulate some guidelines to ensure a more uniform control and evaluation of the self-monitoring process for CO and dust problem parameters by the EISâ€™ environmental inspectors. Based on the 2002 measurement results, VITO also drew up an overall report, with a summary and comparison of all measurement results and with an overview of the main conclusions and measurement and technical environmental bottlenecks. This overall report was available in April 2003.

In 2003 attention on asphalt stations was mainly focussed on the active control of the self-control

A first conclusion of the report was that excesses of the emission limit values at asphalt plants are often the result of insufficient maintenance and control of the dust removal installation and the drying drum burner. Secondly, it stated that the measurement obligations for self-monitoring are very strict because they are linked to the emission (mass flow) discharged during the plantâ€™s effective operation. However, most plants run only a few hours per day and only a limited number of days per year. The study thus proposed three alternatives for the present measurement frequency. Contiguous with a less strict measurement obligation, a compulsory periodic inspection and maintenance of the burner and dust removal installation should be imposed. The report also mentioned two measurement-related technical bottlenecks with their solutions. For instance, it was recommended to take 20 % oxygen as a criterion for the effective operation of an asphalt plant. Only the measurement values with an oxygen content below this value could be included in the calculations. Furthermore, the study included guidelines for the conversion of the individual measurement values, on the assumption that a reference oxygen content would be introduced. Finally, two additional sectoral standards were proposed, for dust and for the total organic carbon conctent. According to the report, the new emission limit values would not require the asphalt industry to maken any huge investments. All conclusions of the investigation will be presented to the Flemish Minister of the Environment, together with the evaluation of the self-monitoring process for the year 2003, to support and adjust the policy conducted for the asphalt industry. Dioxin sources: regulated emissions of crematoria Since January 1, 2003 crematoria gases discharged into the air needed to comply with the sectoral emission limit values. In 2002 all crematoria, except one, had succeeded in implementing the necessary sanitation measures in time. At one installation, where the works were delayed somewhat, the operator was forced to decommision an oven line in the beginning of 2003. Shortly afterwards, the new treatment plant was put into operation here as well. Emission measurements at all installations showed that the emission limit values, for dioxins as well, were largely complied with. This was confirmed by new measurements in the course of 2003. The adjustment of these installations may rightfully be called a success story.

Specific Enforcement Campaigns

Routine inspections form the basis for the policy of on-site presence 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 first part of this section goes more deeply into sampling and measurements, in each case per environmental sector. Much sampling and measuring is done by the environmental inspectors themselves. The other sampling, measurements 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 establishments causing nuisance in general. Inspections further to a decision to refuse a licence, the control of special operating conditions and self-control are the examples discussed here. All items are illustrated using one or more real-life cases.

ROUTINE INSPECTIONS 1. Routine sampling Environmental inspectors can make 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 2003 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 Waste Soil Groundwater Water Total

506 24 41 1.765 2.336

Partition of routine samplings in 2003

The graph below shows the number of routine samplings for groundwater, soil, waste and water for the past five years. As a general trend, the total number of routine samplings steadily decreases, mainly as a result of the decrease in water sampling and to a lesser extent, considering the lesser relative share, the decrease in soil sampling. The latter involves the inactivity of the Soil and Groundwater working group. In 1999 significantly more waste samplings were carried out, as a direct consequence of the dioxin crisis. The number of waste samplings in the past four years, on the other hand, remained constant. Also, a rather limited number of groundwater samples are taken annually.

Evolution of routine samplings 1999-2003

4.000 3.500 3.000

water | 75% groundwater | 2% soil | 1% waste | 22%

2.500

groundwater

2.000

soil waste

1.500

water

1.000 500

1999

2000

2001

2002

2003

Routine Inspections

EIS controlled the waste water through the taking of a spot sample …

and by the carrying out of flow proportional sampling campaigns.

1.1. Routine sampling of water The routine sampling of waste water is always planned beforehand. At the end of 2002 plans were drawn up for the conducting of waste water inspections in 2003. The concept of “basic frequency” which has been adopted for the past three years, was used again. This is the minimum inspection frequency of a given company. The rules for determining this basic frequency were defined according to the discharge rate 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 be taken into account in all cases. In addition to this basic frequency, the samplings actually carried out will also take into account a company’s history. The wastewater inspections carried out by the EIS basically fall 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 wastewater inspections without prior notice whereby a spot sample is taken of the wastewater

100

released at that particular time. These inspections take place during and outside office hours (and even at the weekend). In 2003 considerable attention was again paid to flow-related sampling campaigns. The EIS itself installs a sampling system, and the discharge is continuously monitored for one or more weeks. These sampling campaigns are an important step in the assessment of problem discharges. A lot of samplings and analyses are also carried out in the scope of specific enforcement campaigns and reactive inspections. A total of 1,765 samples were analysed. All these analyses are carried out in legally recognized laboratories. These laboratories took samples and performed analyses for a total amount of 767,404.01 euros. The table below shows in figures the results of the work carried out in the year 2003. Twenty-three percent of the companies were extensively inspected (more than two samplings). 17% of the companies that were inspected did not comply with the regulations in the year 2003, the same percentage as in 2002.

2003 Environmental Enforcement Report of the Environment Inspection Section

In 17% of the controlled industries, a violation of the discharge limits were determined.

Results of wastewater inspections Companies inspected 806 - samples 622 - extensive inspection 184 Number of samples 1.765 Companies not complying with regulations 135 Companies that received on or more exhortations 123 Companies that sanitised 133

Routine samplings as a driving force behind water treatment and disconnection In the â€˜70s a major textile company had a licence to discharge industrial wastewater with a high organic content into the public sewers. Over the years the discharged amount of wastewater continuously increased. In 1988 the licensed flow was increased, while the emission limit values remained the same. No additional restriction was imposed on the organic content of the wastewater via the BOD and COD parameters. At that time the company only had an equalising basin. The EIS conducted routine inspections already in 1992, observing that the emission limit value for suspended particles was not complied with. An official report was drawn up. In 1993 a licence was obtained for the construction of a water treatment plant with a physico-chemical and biological step. The environmental licence stipulated that stricter emission limit values had to be complied with for the organic parameters, COD and BOD, as well as several other parameters from January 1, 1998 onwards. The long term allowed the company to step up its water treatment gradually. The stricter emission limit values were included in the environmental licence, to avoid overburdening the municipal waste water treatment plant where the pretreated industrial wastewater would eventually end up in. In 1998, i.e. after the coming into force of the stricter emission limit values, the EIS conducted a new series of

Enforced routine samplings in the textile industry gave rise to the building of an own waste water purification plant.

routine samplings. Again, the emission limit values were not complied with, which again resulted in an official report. The company was exhorted to take all measures to respect the emission limit values. The emission limit values were complied with during routine samplings in 1999. In 1999 the company requested a doubling of the discharge amount. The doubling was allowed on appeal, by means of a trial licence, on condition of a feasibility study into the compliance with the sectoral emission limit values for a direct discharge into surface water. In 2000 routine inspections revealed that the values were exceeded in only one flow-related mixed sample. In April of 2001 the emission limit value for COD and suspended particles was again not complied with. The results of the self-monitoring process confirmed this with regard to COD. This observation resulted in a new official report. A routine sampling in September of 2001 confirmed the COD exceedance. The company considered building a new water treatment plant and applied for an environmental licence. The higher flow was finally licensed in 2001. A special environmental condition imposed the disconnection of the sewers, in consultation with the various authorities. In 2002 a new water treatment plant was finally licensed. From July 1, 2004 onwards the discharge must meet the emission limit values for discharge into surface water. The EIS also conducted routine samplings in 2002 and 2003, showing that the COD was exceeded. This again resulted in official reports. In September of 2003 the new water treatment plant was put into operation. In the case of this company, the routine samplings were the driving force behind an the companyâ€™s own thorough water treatment and the disconnection of the municipal waste water treatment plant.

Routine Inspections

101

Measuring flume in a precarious state Industrial waste water is usually discharged. According to Vlarem, it must be discharged in such a manner that the quality and flow of the wastewater actually discharged can be controlled, from a certain flow onwards. The wastewater is then discharged via a measurement and control installation for wastewater sampling. A company with several establishments in one municipality causes many problems with regard to the measurement and control installation. A mix of industrial waste water and domestic waste water is discharged together with the rainwater or cooling water, without the possibility of sampling of the various subflows. This mix is thus considered industrial waste water in its entirety. As the sanitary waste water directly flows into the measuring flume without being treated, it can be admired here in all its facets (see photo). The environmental inspectors must wear additional personal means of protection to sample this ‘waste water’ under these nauseating conditions. Moreover, the solid waste in the sanitary wastewater blocks the measurement and control installation. In this case the company obviously fails to provide all the guarantees to have the quality of the wastewater actually discharged checked. As the industrial wastewater must be assessed on the basis of spot samples, a series of samples show divergent measurement results for the parameters inspected. According to Vlarem, a control installation with an open discharge must be covered with grids. Vlarem also stipulates that the operator must ‘build and maintain the entire establishment in such a state that the control staff can operate it in all safety’. The company was thus exhorted to keep the control installations in a state that allows inspections under the best possible circumstances. The EIS will assess the situation during the next sampling and will not hesitate to take the appropriate measures, if necessary.

1.2. Routine sampling of waste, soil, groundwater and manure As distinct from the routine sampling of wastewater, for the sampling of waste, soil, groundwater and manure no basic frequency is agreed on for the sampling of certain waste-producing or processing establishments. On average, environmental inspectors take about seven samples of soil, groundwater, manure or waste per calendar year.

102

Residues of sanitary waste water in a measuring- and control -institution for the sampling of waste water

The reasons to proceed with sampling may vary. For waste-processing establishments incoming batches of waste materials are regularly sampled in order to check if they meet the acceptance criteria for that establishment. Waste material flows to be used as secondary raw materials are, after pretreatment if appropriate, regularly sampled to check whether the composition satisfies the prescribed standards. Batches of excavated soil in soil sanitation centres, intermediate storage sites or quarries and quarries being filled in are sampled and analysed to check the legality of the destination. Unidentified receptacles at a company are sampled in order to check whether they contain hazardous waste. Following complaints about dust from an establishment, the particles are sampled to analyse their harmfulness. The microbial purity of finished products at animal waste processors is controlled by sampling and analysis by a specialised laboratory. Besides the routine samples, samples are also taken when co-ordinated projects and actions are carried out. Environmental inspectors can request one or more analysis packages for a sample. How often each of these packages was analysed in 2003 is shown below.

2003 Environmental Enforcement Report of the Environment Inspection Section

Sampling in an excavated soil batch

Summary of the requested parameter packages Package Number Acceptance criteria category 1 landfills 28 Acceptance criteria category 2 landfills 15 Acceptance criteria category 3 landfills 6 Composition criteria for used oil 4 Vlarebo parameters – soil 69 Vlarebo parameters – groundwater 28 Vlarea parameters - fertiliser/ 14 soil-improveming substance Vlarea parameters – soil 15 Vlarea parameters – non-shaped building material 37 Processors of finished products HRM 8 Processors of finished products LRM 68 Manure 11 Additional groundwater parameters 26 Wood waste for incineration 5

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 2003 a little over 500 samples were taken of waste, about 25 of soil and 40 of groundwater. All the analyses were made by accredited laboratories. The overall budget for the samplings and analyses amounted to 319,448.72 euros.

Sampling and analysis of a lot of excavated soil

The EIS received written complaints about a soil sanitation centre. The complaints mainly involved the unlicensed storage of polluted soil. After a telephone conversation with the complainant a general inspection was carried out at the company. The EIS observed the presence of a soil batch of approximately 400 m3, polluted with materials foreign

The soil sanitation centre obtained a licence for the storage and sifting of soil with the aid of a mobile sifting installation

to the soil (soil with concrete fragments, wood and plastic, from a construction site). The batch was sampled and analysed to check compliance with the Vlarebo soil standard. The analysis results showed that no soil sanitation standards were exceeded. Because the storage and processing of this batch is subject to a licence, the EIS exhorted the operator to regularise his licence condition. At the end of 2003 the Provincial Council issued a licence for the storage and sifting of soil with a maximum storage capacity of 950 m3 by means of a mobile sifting installation. The EIS informed the complainant in writing of the enforcement measures.

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

135 70 205

For air, the number of measuring days is indicated. The measurement of substances discharged into the air is conducted by an accredited laboratory at the request of and under the supervision of the environmental inspector. In a single day, different parameters are measured and different samples taken. For noise, the number of noise measurements and the number of vibration measurements is indicated. Here it must be remarked that a noise measurement may take several hours. A limited acoustic investigation conducted by the EIS can comprise different noise measurements.

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The number of routine measurements for air, noise and vibration over the past five years is shown in the graph below. As opposed to the general trend for routine samplings, the number of routine measurements significantly increases in this case. The number of air measurements increased as a result of the signing of a contract with accredited air laboratories, making it easier for an environmental inspector to have emission measurements carried out. In 1999 more than 100 noise measurements were carried out, significantly more than the average of 67 noise measurements in subsequent years.

Routine Metingen measurements 250 200 150

Overview of the agreements regarding possible emission measurements Parameters - reference: flow, temperature, pressure, oxygen content, CO2 content, water content - waste gas composition (a selection of this is measured for plot II): dust, CO, SO2, NOx, HCl, HF, heavy metals in the dust fraction and in the gas phase, total hydrocarbons (FID measurement), dioxins and furans Lot I incineration plants and process plants where it is assumed that dioxins are present in the waste gases Lot II incineration plants and process installations where it is assumed that there is no significant amount of dioxins in the waste gases

Types of plant

100 50 1999

2000

2001 air

2002

2003

sound

1. large incineration plants and process plants 2. small and medium-sized furnaces powered by liquid or solid fuels 3. incineration plants supplied with wood waste 4. post-incineration units

2.1 Routine measurements air In September 2000 the EIS signed a yearly renewable contract with accredited laboratories for the execution of emission measurements on the chimneys of incineration plants and process plants. The order is divided into two lots, each assigned to a different laboratory. In September 2003 the contracts were extended by one year for the third time. Lot I specifically concerns the execution of emission measurements on plants which may cause significant dioxin emissions. In each case, the measurements include a dioxin measurement spread over three measurement days. Lot II includes four types of â€œstandardâ€? measurements, each involving a specific set of parameters. The measurements are taken on a single day. The table below gives an overview of the possible measurements. The types of plants mentioned under lot II are not exhaustive. At the request of the environmental inspectors, the same or similar parameters can also be measured in other types of plants.

Under the terms of these contracts it is possible for the EIS to have emission measurements carried out on a plant of their choice. In this way, acute questions can be addressed more quickly and more efficiently than before and it will be easier to take on new companies and plants.

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The table below gives an overview of the number of installations where the EIS had emission measurements conducted under this contract in 2003.

Summary of air emission measurements Number of installations Lot I (with dioxin measurements) Lot II - type 1 - type 2 - type 3 - type 4 Total

14 4 20 10 20 68

As in other years, the fourteen companies under lot I are mainly located in the waste incineration industry (especially wood waste, also animal fat) and in the metallurgical industry. In addition, a number of catalytic crackers and reformers of refineres are measured and one glass melting furnace in 2003. In 2003, type 1 measurements of lot II mainly related to dryers of chipboard manufacturers, whereas one third of the type 2 measurements were conducted at asphalt plants. Type 2 screening also included a number of ovens of brickmaking plants and some specific metallurgical processes. All type 3 measurements took place in wood waste incineration plants. The afterburners measured under type 4 mainly related to activities in

2003 Environmental Enforcement Report of the Environment Inspection Section

which organic solvents are used to manufacture ink, sealing products, glues and paints, among other things. Measurements were taken at companies that are active in the graphic industry, paint industry, automobile industry and the textile industry. Since 2001, but even more so in 2002, the number of measurements at afterburners increased at the expense of the number of measurements at small and mediumsized furnaces powered by liquid and solid fuels. This trend is confirmed again in 2003 and shows the increased attention paid to VOC emissions, after the implementation of the European directive on solvents into Vlarem regulations. In addition, the increased conversion of (heavy) fuel furnaces to gas reduces the relevance of emission measurements in combustion plants performed by the EIS. In 2003, mainly for asphalt plants, special attention was paid to the accessibility of the measurement site and the conformity of the measurement openings with the regulations contained in the measurement standards. After all, these matters are important to obtain the correct measurement values and a safe execution of the emission measurement. The table below gives an overview of the number of clear excesses of the emission limit values observed during the abovementioned measurements in 2003 per polluting substance. Excesses were mainly recorded for CO, dust and hydrocarbons. The single significant dioxin exceedance stands out.

Summary of the number of cases exceeding the emission limit values by polluting substance. Lot I parameter Dust CO SO2 NOx KWS HCl HF Heavy metals Hg PCDD/PCDF

3 3 0 0 0 0 2 0 0 1

type 1 3 3 0 0 0 0 0 0 -

Lot II type 2 type 3 3 2 1 7 0 0 1 1 1 0 0 0 -

type 4 0 2 0 0 5 -

EIS signed agreements with recognised laboratories for the performance of emission measurements on the scow of incineration institutions and process installations

CO excesses are mainly a problem in the wood industry. Wood waste incineration plants or dryers of wood chips were responsible for twelve of the sixteen excesses. In addition, five of the eleven excessively high dust concentrations occurred in this industry. The other six dust excesses were equally distributed between the refineries and the asphalt plants. The excessively high concentrations of organic substances were recorded at a paint manufacturer and with painting or printing activities on paper, wallpaper or textile. If high hydrocarbon concentrations were expected, the EIS asked the accredited lab to measure (indicatively) specific organic components in addition to the measurement of the total organic carbon content. Emissions of toluene, ethyl benzene, xylene, benzene and acetone thus were determined at the paint manufacturer and the efficiency of a toluene adsorber was measured at a magazine printing business. For installations where the measurements results showed that the emission limit values were not complied with, the EIS drew up an official report and the necessary exhortations were given to take measures, ensuring compliance with the limit values. In some cases the operation of the plant was discontinued voluntarily or involuntarily.

Routine Inspections

105

The measuring gaps and measuring platform is situated at a height of 40 m, and is only accessible through a lift

The joinery eventually installed a filter with active charcoal for the purification of gasses of at the spray-installation

Emission of pollutants during glass wool production

Because of the difficult accessibility of the measurement site, the corresponding high cost price for the measurement and the low waste gas emission concentrations, the company applied for a measurement frequency exception. However, this application was refused. The EIS thus exhorted the company to take the necessary measures to meet the measurement obligations imposed. The company is now looking into the possibility to make use of a safe measurement site not so high up in the chimney and into the measurement strategy to be followed.

In the spring of 2003 the EIS had emission measurements carried out at an electric glass melting furnace. About 150 tonnes of glass is melted every day in the central furnace, resulting in an annual production of approx. 45,000 tonnes of glass wool. The measurements were carried out in a round 60-metre-high chimney with an inner diameter of 3.80 m. The measurement openings and measurement platform are located at a height of approximately 40 m above ground level and can only be reached with an elevating platform. With the exception of the sectoral standard for SO2, the general emission limit values apply to the melting furnace, for instance for the dust, CO, hydrogen fluoride (HF), phenol, formaldehyde and ethanol parameters. The measurements showed that the gas flow concentrations did not exceed the applicable emission limit values. However, due to the very high waste gas flow rate (approx. 400,000 Nm3/hour) the critical mass flow was exceeded for a number of parameters and, in accordance with the stipulations of addendum 4.4.3 of Vlarem II, a continuous or periodical measurement obligation applies.

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VOC emissions when spraying wood with wood treatment products A cabinet -making company has a booth in which the finished wood products are sprayed in batches with solvent-based preservation products. One batch cycle consists of a 65-minute treatment in the closed-off booth, followed by a 10-minute ventilation. As a special condition for the use of organic solvents, the 1994 environmental licence stipulated that the company had to install an active carbon filter unit on the spraying installation within six months, or an equivalent treatment plant. The company also had to

2003 Environmental Enforcement Report of the Environment Inspection Section

figure b

soundlevel (db)

figure a 30 20 10 0 172

306

545

972

40 30 20 10 0

1731

172

306

frequency (Hz)

545

972

1731

frequency (Hz)

figure c soundlevel (db)

soundlevel (db)

Narrow-band analysis:

50 40 30 20 10 0 172 Hz

306 Hz

545 Hz

972 Hz

1731 Hz

frequency (Hz)

present proof that the maximum emission concentration of organic solvents did not exceed more than 90 mg/Nm3. In spite of these special conditions, the company had not taken any action yet in 2002 to limit or measure the VOC emissions. In 2002 the EIS opened a file as a result of complaints by neighbours about odour nuisance. The EIS exhorted the company to take the necessary measures to limit air emissions from the spraying installation. The management had an emission measurement carried out by an accredited lab in February 2002. The results showed that according to the operator the applicable emission limit value was not exceeded. Therefore he believed no further measures needed to be taken. However, the EIS did not agree with the interpretation of the measurement results and, on its own initiative, had a new emission measurement carried out at the exhaust of the spraying installation in June 2002. This measurement showed that the emission limit value for organic solvents was indeed clearly exceeded. The measured value was 10 times higher than the standard. However, the operator questioned the results of the EIS’ emission measurement. Late 2002 the operator himself contacted an accredited expert and a lawyer to help him prove him right. According to him, the organic solvent concentration measured had to be averaged for the entire 75-minute batch cycle and not for the last 10 minutes of ventilation. This would give a measured value that was 7.5 times lower. It would then fall within the 30 % measurement error and the emission limit value would not be exceeded. In addition, the operator interpreted the special condition in such a way that no filter installation had to be installed if the standard was met.

The operator’s objections were refuted by the EIS. At the same time the company was again exhorted to install an active carbon filter installation or an equivalent treatment plant. Eventually the operator yielded and the active carbon filter was installed. New emission measurements by order of the EIS in May 2003 showed that the emissions from the spraying installation, after installation of the filter, amply meet the emission limit value.

2.2. Routine measurements of noise Noise measurements are almost exclusively carried out as reactive inspections following complaints. In 2003 the EIS received 573 noise complaints, 561 were handled. To handle such complaints the EIS has a number of environmental inspectors, specialised in the ‘noise’ discipline and state-of-the-art measurement equipment. Such equipment is certainly necessary. A noise meter always measures an overall level, i.e. not just the specific sound sought after is measured, but also all interfering sounds. To allow an assessment of the specific noise, the trick is to keep those levels separated. This is not always easy. One of the possibilities the EIS has are narrow-band analyses. This is illustrated in the first example. The following examples show that most complaints received by the EIS can also be assessed without a narrow-band analysis. Narrow-band analysis When investigating a complaint in the vicinity of an industrial area where the guide value was 35 dB(A), an overall noise level with an LA,eq of 39 dB(A) was recorded. As the noise came from various companies and from

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figure a 100 soundlevel (dB(A))

90 80 70 60 50 40 30

Acoustic investigation at a waste processor:

20 0

figure c

100

90 soundlevel (dB(A))

soundlevel (dB(A))

figure b

15 time (minutes)

80 70 60 50 40 30

70 60 50 40 30 20

20 0

10 time (minutes)

15 time (minutes)

non-negligible residual noise, it was rather unlikely that a specific offender could be fingered.

instance by commuter traffic, a busy railway and planes landing.

A pure tone could be heard, but not demonstrated by means of third octave band analysis. With the narrow-band analysis (1/24th of an octave) a very clear pure tone was found in the 324 Hz band (see figure a).

The noise of passing trains was obvious in the noise graphs as clearly defined, brief peaks lasting a few dozens of seconds. The periods of increased noise levels caused by planes landing were also clearly defined. Road traffic did not cause any noise levels above the guide value applicable to the surrounding area at the measurement sites (45 dB(A)).

A measurement was then conducted near an establishment at the edge of the industrial estate. The result is shown in figure b. The pure tone in the 324 Hz band (with a level of 47 dB) was obvious, so it was quite possible that the tone came from that company. To check the matter, a third measurement was carried out at a third location, between the two first measurement points but not in the vicinity of a clearly audible sound source. The result is shown in figure c. The pure tone was evident again, but the level also amounted to 47 dB. Thus the tone could not come from the establishment in question, but from a source that was located about as far from the second as from the third measurement point. Eventually the source turned out to be a berthed ship. Still, the measurements show that narrow-band analysis may be useful to assess complex acoustic situations. Noise nuisance at a building and demolition waste processing plant After repeated complaints from neighbours about noise caused by a sorting company for building and demolition waste, the EIS conducted various noise measurements in the vicinity of the surrounding houses. The nuisance was found to be due to the fact that the company’s activities took place in a covered space that was fully open on one side, towards the complainants’ houses. To get a representative image of the nuisance caused, the measurements were carried out at points in time that were representative of the company’s various operating schemes; the traffic in the surrounding streets was also taken into account. The ambient noise was influenced for

108

The first graph shows the situation when the company is not in operation, allowing the prevailing background values to be determined. The noise peaks caused by passing trains are also clearly defined. As the nuisance mainly manifested itself at two houses in the vicinity, the equipment was set up at each of these houses. A first house, at about 100 metres’ distance, was separated from the company by the street, a dense cypress hedge, a lawn and the railway. The noise meter was positioned about 10 meters behind the hedge. A first measurement was conducted here. Only a railway separated the second house, at about 60 metres’ distance, from the source. Here a second measurement was carried out a few minutes later and with the same operating scheme. Routine measurements commenced in the early morning and showed a clear increase of the sound pressure level with 7 to 8 dB(A) from the start of the company’s activities. With the second measurements the noise levels were 10 dB(A) lower than with the first, because the sound pressure level depends on the distance and because the cypress hedge has a dampening effect. Due to the company’s varying work schema, it was agreed with the neighbours to contact the EIS as soon as they thought the company was operating at full capacity. In those periods sound pressure levels were measured that were 20 to 25 dB(A) higher than the normal ambient sound.

2003 Environmental Enforcement Report of the Environment Inspection Section

Sound measurements in the garden of a complainant: the open hall of the processor of building and demolition waste is situated behind the railway.

The dust of the joinery is extracted into the container: a time control on the extraction ensures a limitation of pollution.

Graphs b and c show both situations. The combination of the measurements under various conditions show that the specific noise at the company amounts to 67 dB(A). The standard is only 45 dB(A) for the geographical situation.

include any special conditions to limit possible noise nuisance. Some time after the licence was issued, a complaint was received. The EIS then conducted a limited acoustic investigation. The specific noise, measured at a measurement point near the first house, amounted to 58 dB(A), i.e. 3 dB(A) more than the criterion of 55 dB(A) for houses in an industrial area.

The limited acoustic investigation clearly showed that the operator violated the applicable regulations. In addition, the EIS discovered that the operator did not meet all the conditions included in the licence to avoid nuisance to the surrounding area. For instance, the licence stipulated that the company hall had to be closed off with doors. The operator admitted to the nuisance, stating that a fully closed space was not feasible, considering the frequent arrival and removal of full and empty containers. He also stated that the nuisance was previously limited by an earth wall that had been levelled due to expansion works for the adjacent railway. The EIS drew up an official report for non-compliance with the licence conditions and ordered the operator to have a full acoustic investigation carried out. In addition, adequate measures had to be taken, to safeguard the neighbourhood against any major nuisance. At the end of the year the exhortation was acted upon and the necessary licence applications were pending to undertake the necessary sanitation (the construction of a sound wall). Noise measurements initiate sanitation Mid-2002 the operator of a cabinet-making company (category 1) applied for a licence regarding company changes. The project comprised a new workshop with wood working machines and dust extraction with a corresponding filter installation and storage container. The operating plan provided for the integration of the dust extraction unit with accessories along the outer wall and opposite the houses along the street at the rear. On November 7, 2002 the Provincial Council issued the environmental licence. However, this decision did not

As regards noise emissions of new establishments, the standstill principle applies. This implies that the original sound climateâ€™s quality must be maintained. The industrial area in question still has a residential function along the street at the rear. The original sound climate resembles that of a low-traffic residential area. The noise caused by dust extraction and the container dominated the measurement site. The level increase and tonality of the industrial noise caused a significant disturbance of the nature of the sound climate. In the unsanitised condition the noise prevention principle was neither complied with, according to the general environmental conditions of Vlarem II. The guide values for the industrial area in question are so broad or flexible that even if they are complied with, an acceptable sound climate cannot be guaranteed to the neighbours. Only drastic measures, such as the complete integration of the dust extraction and container in a sufficiently sound-proofed room, could ensure a sufficient restriction of noise pollution. A sanitation plan was drawn up by an approved expert for the concrete implementation, by order of and at the expense of the operator. There was no room for any â€˜makesfhift measuresâ€™ the operator initially proposed. With the integration of the extraction unit and silo, a first noise sanitation phase was finalised after the 2003 building leave. This measure sufficiently reduced the contributions of both installations. The storage container, however, was not treated and the entire operation thus resulted in an overall zero result for the entire installation. Eventually, with the installation of a time control on the extraction to the container, a solution was reached that was acceptable to the neighbours. The operating duration (and thus the noise emissions) of this extraction are limited to 2 times 20 minutes per day. Outside this period

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the noise emissions caused by the modified cabinet-making plant with accessories is reduced to the original ambient sound level or is barely audible in the background.

2.3. Routine vibration measurements When checking complaints about continuous vibrations, the EIS follows the German DIN 4150/2 standard. Only two steps need to be taken according to this standard: choosing the correct combination of guide values (Anhaltswerte Ao, Au or Ar) from table 1 in §6.2 and checking the measurement’s KBFmax value against those guide values. It must be noted that the guide values of the table according to §5.4 must be increased with 15 %. The table has five types of areas (Einwirkungsorte), each with their own set of guide values. They are categorised on the basis of German town planning regulations of course (but so far, the EIS has not experienced any problems with the application in Flanders). All houses where the EIS conducted measurements, were located in residential areas (Einwirkungsorte 4) or in areas with both houses and companies (Einwirkingsorte 3). The choice between the day or night standard never caused any problems because the night standards are all stricter than the day standards. Unlike the previous inspection, it is not easy to check the measured KBFmax value against the guide value applicable to the chosen area. The assessment is made by checking a single measurement value against the appropriate Au guide value. The entire measurement which takes a quarter of an assessment period (an assessment period is eight hours for nights and sixteen hours for days), is reduced to a single number.

110

Sanitation of vibrations at a textile company The EIS received a complaint about vibration nuisance from a weaving mill working from Monday morning to Friday evening. The complainant’s house was located in an area with both houses and companies, in an area ‘3’ according to the standard. As the company operated day and night, the strictest standard (the night standard) needed to be considered. The nighttime Au guide value for this area amounts to 0.15. Increased with 15 %, this gives 0.1725. According to the EIS’ measurement programme, this corresponds with 75.7 dB. In the complainant’s house the KBFmax value thus had to be smaller than or equal to 75.7 dB. Figure a shows the evolution of the vibration levels during a part of the night. The guide value is apparently exceeded. Figure b shows a detailed overview of the measurement. It is quite clear now that the standard is not complied with. The EIS thus exhorted the company to take the necessary measures. The looms were divided into four groups for sanitation purposes. These groups were then started and stopped together or separately to verify which group caused the most vibrations. Measures would then be taken for that group. Any sufficient measures would then also be applied to the other machines. This procedure was repeated until the standard was complied with. Figure c shows the evolution of the vibration levels during a part of the experiments. In the left-hand part of the graph all machines are in operation. Immediately thereafter the vibration levels are shown of the group that contributed most to the vibrations.

In other words, the chosen value must definitely come from the establishment’s continuous activities and not from the residents, traffic or any other source. In practice, the EIS demands that the Au guide value is exceeded repeatedly.

Layers of very pure natural rubber were placed under all looms of the group, after which the EIS conducted new measurements. Figure d shows the vibration levels of a relevant operating period after the intervention. They are clearly lower than before the measures.

The EIS has equipment allowing the measurement results to be displayed on a computer screen, for instance. Initially, the measurement period is divided into a number of subperiods. This number depends on the measurement itself. In each of these periods the maximum value is determined. On screen it is then verified whether the value can be accepted, by retrieving that maximum value and the vibrations right before and after. If the time basis used for the measurement is sufficiently small (the EIS normally uses a time basis of one-tenth of a second), it can be verified whether or not the maximum value in question is a part of the establishment’s vibrations.

Peaks still exist, though. Figure e shows these peaks on a different time scale. It is abundantly clear that they have nothing to do with the continuous operation of the looms and thus cannot be considered. The standard was complied with after the first intervention.

2003 Environmental Enforcement Report of the Environment Inspection Section

Vibrations: figures

3. Routine inspections of operations

vibrationlevel (db)

figure a 85 75 65 55 45 0

vibrationlevel (db)

time (minutes)

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 licence requires an improvement scheme, studies or measurements within a maximum period of three months after the time stipulated in the licence for fulfilling such obligations'.

figure b 85 75 65 55 45 0

100

Besides routine sampling and routine measurements there are many routine assignments concerning the operation of nuisance-producing establishments in general. Controls further to a decision to refuse a licence, controls of special licence conditions and control of self-control are the examples here.

200

time (minutes)

3.1. Refusals

vibrationlevel (db)

figure c

As mentioned in the introduction above, one of the EISâ€™ priorities comprises the systematic control of refusals.

90 80 70 60 50 40 30 20 10 0 0

75 time (minutes)

100

125

figure d

vibrationlevel (db)

85 75 65 55 45 0

time (minutes)

100

110

Refusals Number received Number processed Number of inspections carried out for this

333 341 537

The graph belows shows the number of refusals received and processed in the past five years. On average, about 350 refusals are received every year. In 1999 this number was significantly lower and in 2002 significantly higher. A large part of these refusals were effectively followed up. It is possible that a refusal received at the end of the year is only processed the following year. This explains the greater number of refusals processed than received in 2003. A small part of the backlog of the high number of refusals received in 2002 was processed in 2003.

Evolution of the refusals 1999-2003. vibrationlevel (db)

figure e 85

500

400 300

200

number received number treated

100

45 0

100

200

300 400 time (minutes)

500

1999

2000

2001

2002

2003

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111

Refusal of an environmental licence for a sauna

Early ‘90s the owner requested and received a licence for the construction of a residential dwelling. The owner also built an indoor and outdoor swimming pool accessible to third parties, although the building licence clearly stipulated that commercial activities were not allowed. The neighbours complained to the EIS about noise and odour nuisance, the destruction of a piece of nature and nuisance due to traffic coming and going. In 1997 the complex, that had grown into a sauna with swimming pool, switched owners. The licence application, submitted in 1998, resulted in a trial licence issued by the local authorities, appealed by the neighbours with the Provincial Council. The EIS asked the mayor to end the illegal situation. He did not act upon this request because the appeal was still pending with the Provincial Council. This appeal, and the appeal following the refusal of a new application by the local authorities, did not result in an environmental licence while the establishment continued in operation. The Council of State also seconded the Provincial Council’s decision. The reason for the refusal was the town planning status of the complex. It was also refused on the Court of Cassation level.

a control inspection – with result. The establishment was not in operation, at least not at the time of the inspection. The neighbours’ complaint submitted to the Flemish Ombudsman Service was considered unjust by this service afterwards. At the end of the year, the EIS received an uncommon letter from the local residents: ‘With this letter we wish to express our gratitude for the efforts of your service regarding the eventual discontinuation of …. We have been living here in a heaven on earth ever since […] no more running motors, no more noise at night, increasingly less traffic, less vandalism […]. The discontinuation is also a good thing for our children. […]. We are not pests. That was never our intention, on the contrary. We only wanted to try and exercise our rights as ordinary citizens and to preserve the rural character […]. Kind regards.’ Because it concerns a category 2 establishment, the local authorities were asked to keep an eye on things. In the meantime, however, a new town planning procedure has been initiated apparently, to obtain a town planning licence after all, aimed at obtaining an environmental licence. To be continued….

The EIS decided to implement its high supervision effectively and issued a discontinuation order, against which an appeal was promptly filed, however. In the meantime the complainants had also contacted the Flemish Ombudsman Service because the EIS allegedly failed to enforce compliance with the discontinuation order. Taking into account the duty to exercise care, the operator’s legal remedies and the absence of serious or imminent danger, the EIS deemed it opportune to await the minister’s decision on appeal. Late 2003 a decision was made. The minister supported the discontinuation order. Shortly thereafter, the EIS conducted

The environmental certificate of the sauna was refused and the operation was (provisionally?) closed down

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2003 Environmental Enforcement Report of the Environment Inspection Section

The soil sanitation centre started the operation, but did not implement the sectoral and special conditions.

3.2. Special conditions Many licences contain special conditions, and the EISâ€™ attention mainly goes 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 context of a specific enforcement campaign.

Licences with high-priority special conditions Number received Number processed Number of inspections carried out for this

895 772 1,388

Special conditions for a soil sanitation centre

In 2001 the Provincial Council issued an environmental licence for a new soil sanitation centra. This licence imposed a number of special conditions regarding the discharge of industrial wastewater, acceptance procedures, transport, green belt, air emissions and noise pollution. Due to the necessary preliminary groundwork, construction began only early 2003. In June 2003 the EIS conducted an initial inspection to verify whether the

company had begun taking measures to meet the sectoral conditions and special environmental licence conditions. The companyâ€™s structural work had been largely finished. However, the EIS discovered that soil was already being cleaned biologically in the halls and in the open air. Fortunately, the soil was stored on a paved floor, preventing soil pollution. The company had not informed the EIS of the commencement of soil sanitation operations, which was nonetheless obligatory for any new nuisance-producing establishment, categorised in section 2 of the list. No scheme had been proposed to the EIS and a number of other administrative environmental conditions had not been complied with. The company did not have its own waste register. The necessary treatment plant had not yet been connected to treat contaminated site water. The premises had not yet been fully fenced off and were freely accessible. The EIS immediately drew up an official report and issued a number of exhortations to the company. The supply of new contaminated soil was prohibited. Before the company could obtain permission from the environmental inspector for further operation, it needed to comply with a number of sectoral conditions. The operator achieved this in a very short time frame. Because the structural work phase was in an advanced stage, permission could

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113

be given mid-July 2003 to continue the biological treatment of the polluted soil. The expansion involving the thermal treatment of polluted soil will only be possible after an additional prior permission from the EIS. Special condition results in many noise-reducing measures A category 1 company filed a licence application for a limited change, involving the storage of raw materials and finished products. However, the noise conditions for existing establishments continued to apply. The application resulted in many objections from residents in the company’s immediate vicinity. Pursuant to the special condition imposed in the environmental licence, the operator of the company presented a report on a full acoustic investigation. This report was the object of an assessment of compliance with the Vlarem II noise conditions. The EIS was unable to grant approval in accordance with 4.5.2. of Vlarem II, because of a number of remarks. The measurement and assessment procedure insufficiently took into account the number of noise sources and the company’s situation. The contribution of the following potential noise sources had been measured or assessed incompletely: the workshop roof in the summer with maximum ventilation, the opening of emergency exits in the facade oriented to the residential area in case of warm weather, a periodic hissing sound coming from the raw material silos and the filling of these silos. The measurement duration and period did not match the company’s continuous work pattern because all noise measurements were taken in the daytime. In addition, the contents of the reports did not meet the requirements of Vlarem II.

The noise conditions were exceeded with less than 10 dB(A). In this case it must be assessed to what extent the stipulations of art. 4.5.1.1.§1. of Vlarem II are complied with. This implies an investigation into the use of the best available techniques (BAT) for the sources in question. The sources were a refrigeration unit and an extraction plant which also caused tonal sound in the surrounding area. The operator was then exhorted to have the noise investigation complemented or amended by the noise expert. Complementing the acoustic investigation made the contribution of the noise sources clear and also described the sanitation measures the company needed to take. The following measures were proposed and taken: a ventilation system in the production department, allowing all roof shutters and safety doors to remain closed, a green belt to prevent visual nuisance to the neighbours, a reduction of working times in the maintenance department in the daytime, the closing of ventilation hatches in the side wall, a sound-proofing coating around transport lines and inside raw material silos, limiting the filling of silos to the daytime and the installation of an acoustic screen on the roof and cooling units. The total cost of these measures amounted to approximately 125,000 euro.

The opening of a gate during hot weather, in the front facing habitation, was insufficiently assessed in the complete acoustic investigation.

114

3.3. Control of the self-monitoring The Flemish environmental health legislation includes many obligatory measurements and registrations of company information. Many of these measurements and registrations serve as a first-line 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 follow-up of incoming waste, examinations of compressors, hazardous material 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 in with 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 of compliance with 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 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 EIS therefore plans to pay even more attention in the near future to the supervision of the selfmonitoring process, first of all in companies that have a major environmental impact (IPPC and Seveso companies). The EIS verifies the following issues during their supervision of the self-monitoring process of companies: - have the mandatory self-monitoring measures been implemented; - has the self-monitoring process been implemented correctly: executor (authorized expert or lab, etc.), equipment, procedures and methods, frequency, etc.; - has the self-monitoring process been implemented during representative company circumstances; - have all relevant conditions been met.

Control of the self-monitoring

Specific inspections for the wastewater self-monitoring

Specific inspections for the air self-monitoring

Other inspections

Total

176

The EIS assesses the self-monitoring process as follows: - in case of non-compliance with mandatory self-monitoring measures, the operator will be reported and exhorted to implement the mandatory self-monitoring measures as soon as possible; - in case the required self-monitoring measures have been carried out but not in accordance with the conditions in force, the operator will be exhorted to resolve this problem as soon as possible; - in case the self-monitoring measures have been implemented in accordance with the conditions and have therefore been accepted by the environmental inspector, the results may be used for official testing of all conditions;

Routine Inspections

115

Furnace for the incineration of sawdust and grounded wood off-cuts at a furniture industry.

From the self-control it became obvious that the dioxinemission was too high.

Should it become clear in that case that conditions or emission limit values have not been observed, the EIS will determine for each individual file whether or not an official report should be drawn up, depending on the seriousness of the violation, the impact it has on people and on the environment, the previous history and the presence or absence of a reason to rule out any responsibility, such as certain emergency situations, force majeure or error; - in any case, the operator will be urged to observe all conditions as soon as possible, unless other compulsory measures are legally enforceable (e.g. enforced discontinued of all activities when emission limit values are exceeded, as it is the case for municipal waste incineration plants).

residues. The heat of the incinerator was used to heat the buildings. In the summertime the furnace was shut down and the waste was disposed of. Initially, this incinerator appeared to work properly. Early 1997, after an exhortation of the EIS, a dioxin measurement was carried out and the measurement result complied with the Vlarem II emission limit value. The operator then had the compulsory dioxin measurement carried out annually. No excesses were observed.

If the company owner does not adequately respond to this request, compulsory measures may be enforced or the licensing authorities may be asked to suspend or withdraw the license. Self-monitoring shows significant exceedance of standards For about ten years now a furniture company has been operating a furnace to incinerate sawdust and ground wood

116

In 2001, without any apparent reason, no emission measurements were carried out anymore. When it became evident that no emission measurements would be carried out in 2002 either, the EIS drew up an official report and exhorted the company to conduct waste gas measurements before the end of 2002. These measurements were carried out on December 13, 2002 and the measurement results, presented at the end of February 2003, revealed that dioxin emissions amounted to 6 ng TEQ/Nm_, or 60 times more than the emission limit value of Vlarem II. The EIS promptly drew up an official report for this significant excess. The company was exhorted to shut down the incinerator immediately and to restart it only after modifications had reduced the dioxin emissions to below the emission limit value. The company had the incinerator cleaned thoroughly and finetuned by a specialised company.

2003 Environmental Enforcement Report of the Environment Inspection Section

The company then asked the EIS for permission to operate the furnace temporarily to conduct new emission measurements on March 20, 2003 and to shut it down again until the measurements were known. However, the measurement results showed that the dioxin emissions were still excessively

high, with 3.14 ng TEQ/Nm3 or 31 times the emission limit value. The incinerator was still shut down at the end of 2003. The company has already developed various sanitation proposals, but has not yet put them into practice.

Reactive inspections are carried out following an appel to the EIS. These inspections are mainly conducted by the local service. Reactive inspections can be subdivided into a number of groups. Action can follow at times including the receipt of a complaint, the notification of an incident, a request for compiling an evaluation report for a trial licence, a note from the office of the Public Prosecutor, a request from the Public Prosecutor’s office for an expert’s assessment, a request for advice, a parliamentary question, a request for high supervision and during winter smog. The range of possibilities can be seen in the real-life files. 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 result in an on-site inspection. Each file is accordingly checked against the list of priorities.

REACTIVE INSPECTIONS 1. Complaints 1.1. General 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 ministries, Aminal, environmental associations, Aquafin and Flemish public bodies such as OVAM and VMM. Anonymous complaints are also often processed. To handle complaints the EIS developed an internal procedure in 2002. This procedure was translated into an internal instruction, which took affect on January 1, 2003. The motive was an observation in the 2001 Annual Report of the Flemish Ombudsman Service on the manner in which environmental complaints about category 2 and 3 establishments were handled by the EIS on the one hand: ‘ … For too long local authorities have failed to take sufficient action, which indicates that the department has not entirely succeeded in exploiting its competence and fulfulling its task within the framework of 'strict supervision' with respect to a resolute detection and followup of the theoretically less important environmental nuisance of category 2 and category 3 establishments. The effective carrying out of 'strict supervision' is open to improvement, hence this observation is justified. The department has also failed to respect the ‘good practice in performance and administrative accuracy’ standard. Moreover, the recommendation was made to investigate whether there is a (better) system for performing this

strict supervision', which enables the department to have a better view on how local authorities deal with reports on environmental nuisance.’ On the other hand, the instruction is in keeping with the Decree of June 1, 2001 on the awarding of a Complaint Right with regard to public administrations. This decree awards everybody the right to file a complaint with a public administration about the functioning and actions of that public administration. Complaints about the proper functioning (or lack thereof) of the department, as with reports and requests for information, must be considered a source of concrete and usable information on the quality of the Flemish government’s good practice in performance. They can also reveal any shortcomings in our functioning. Complaints, a form of feedback by citizens, are thus a valuable tool for quality improvement. The new instruction thus not only concens the handling of environmental complaints, but also the handling of complaints about the functioning of the EISI.

1.2. Handling of environmental complaints Environmental complaints are handled in accordance with a number of arrangements that take into account the primary objectives of the new procedure: - a good follow-up of the complaints reported to the municipality; - an interpretation of the concept of 'strict supervision';

Reactive inspections

119

deregistered. If a solution is not available immediately, the file is followed up further and regularly reported to the complainant. Only if the complaint has been fully solved, the complaint is deregistered. - A complaint about a category 2 or 3 company, even when the complainant claims that the municipality does not take any action or takes insufficient action, is immediately passed on to the mayor who will handle it. The EIS asks the mayor to conduct an investigation within a period of 1 month and to inform the EIS about the results. The complainant is informed. After a month the EIS will verify whether the mayor has taken sufficient initiative to solve the complaint. If it appears that the complaint is solved, the complainant is informed of this. The complaint is then considered processed.

- a good communication with the complainants, municipality, Aminal complaints manager and Flemish Ombudsman Service. Below an overview is given of the arrangements concerning complaint handling: - Environmental complaints about establishments that may cause nuisance are handled differently depending on the category. - In case of complaints about category 1 companies (including complaints via the ministerâ€™s office, the Aminal complaints manager and the Flemish Ombudsman Service), the EIS sends the complainant a receipt two weeks later. Within 3 months upon receipt of the complaint about a category 1 company the file is handled in accordance with internal procedures that comprise inspections, the possible drafting of official reports and exhortations. This is reported to the complainant. If the problem is solved, the complaint is

If the mayor does not answer or insufficiently answers, the legitimacy of the complaint is reviewed

Flowchart for the handling of environmental complaints Environmental complaint

Not categorised Not our competence open field

Pass file on to the local or competent authorities

Yes

End

Category 1

Category 2 Category 3

Categorisation

Ask mayor to investigate within one month + notice of receipt

Notice of receipt (within 14 days)

Inform complainant

Mayor takes action ?

Is file/complaint still relevant ?

Inform complainant

Yes

The EIS handles the complaint (within 3 months after receipt) = high supervision

First handling in accordance with instruments (within 3 months)

Yes Major nuisance ?

Remind mayor to handle the complaint within one month

Follow-up, if necessary

Mayor takes action ?

Yes

Inform complainant

No End Pass file on to the Flemish Minister of the Environment and Agriculture

120

2003 Environmental Enforcement Report of the Environment Inspection Section

End

(the complaint may be solved, even if the mayor does not answer, it may concern a once-only event, the matter is no longer important,…). If the complaint is no longer valid, the complainant is informed of this. The complaint is then considered processed. When the complaint shows that there is major nuisance, the EIS will investigate the complaint itself within the scope of its strict supervision. This is then communicated to the complainant and the mayor. The EIS will also inform the Flemish Minister of the Environment about the lack of or insufficient action of the mayor. As supervisory powers have been awarded to the mayor within the scope of the Environmental Licence Decree, Vlarem I and Vlarem II, by the Flemish government, he will act as Flemish Region ‘body’. The Flemish Minister of the Environment can then call the mayor to account. The complaint is handled further in the same manner as complaints about category 1 companies. If the mayor does not answer or answers insufficiently, and if there is no major nuisance, the EIS will send a reminder to the mayor to investigate the complaint again within the month and to inform the EIS and the complainant. The complainant and the Flemish Minister of the Environment are notified. If the mayor does answer this time and if he has taken sufficient initiative to solve the complaint, the complainant and the minister can be informed and the complaint is then considered processed. If the mayor again fails to answer or answers insufficiently, the complainant, the minister and the Flemish Ombudsman Service Ombudsdienst are informed of this. The complaint is then considered processed by the EIS. - An environmental complaint involving a non-categorised establishment, a field infringement or legislation for which the EIS is not competent, is immediately passed on to the mayor or the competent service. The complainant is informed of this.

Each year the EIS receives many complaints and conducts many inspections to assess these complaints and, if needed, to follow up on the findings. Complaints Number received Number processed Number of inspections

2,227 2,207 2,945

The number of complaints received and processed for the past five years is shown in the graph below. The EIS annually receives more than 2,000 complaints; the number remains reasonably constant. After a slightly decreasing trend in 2000-2002 an increase was again recorded in 2003. This phenomenon regularly occurs in election periods. The graph also reveals that in 2003, in relation to the number of complaints received, more complaints were handled than in the previous four years.

Evolution of the complaints 1999-2003 2.500 2.000 1.500 1.000 500 1999

2000

2001

number received

2002

2003

number treated

The complaints are classified according to environmental compartment. This means that a single complaint can be recorded under several compartments. Complaints by environmental compartment Number of complaints Received Processed Waste 336 336 Soil and groundwater 74 71 Work 540 538 Noise 573 561 Odour 771 751 Light 9 9 Discharge 216 221 Air 220 218 Manure 45 52 Safety 15 17 Total 2,779 2,774

The following graph shows the complaints by environmental compartment for a period of four years. This shows that the complaints for the ‘odour’, ‘noise’ and ‘waste’ environmental compartments gradually increased. Complaints about ‘work’ in general dropped very slightly during the period in question. Complaints for the ‘discharge’ and ‘air’ environmental compartments increased until 2002. In 2003 the number of complaints about these compartments dropped significantly.

Reactive inspections

121

3.500 waste | 12% soil and groundwater | 3%

3.000 manure soil and groundwater air waste discharge noise exploitation odour

2.500

exploitation | 19% noise | 20%

2.000

odour | 27% light | 1% discharge | 7% air | 8%

1.500 1.000

manure | 2%

500

safety | 1%

2000

2002

2003

Distribution of the complaints per environmental compartment in 2003.

Evolution of the complaints per environmental compartment in 1999-2003.

The EIS annually receives a few dozen complaints classified under the ‘manure’, ‘soil’ and ‘groundwater’ environmental compartments. These numbers remained virtually constant. A very limited number of complaints was filed under the ‘light’ and ‘safety’ compartment. These complaints were not included in the graph, to keep the graph surveyable.

exceedances were found during the day. At night the refrigeration units did cause a slight exceedance.

It was also recorded how many companies a complaint was received for. The companies were categorised by class (insofar as known in EIS dossier follow-up system). Striking was that the 2,227 complaints received concerned 1,128 companies, with only an estimated half class 1 companies.

The company is currently doing some alteration work, whereby the refrigeration units are moved. When all the construction work is done, a new sound measurement by order of the company will have to determine whether the complaints are still valid.

Summary of the complaints received Number Number of of complaints companies involved Category 1 Category 2 Category 3 Non-categorised establishments Category unknown Total

1,535 358 43 217 74 2.227

650 248 41 142 47 1.128

Complaints about the noise from refrigerating installations

Neighbours of a catering company regularly file complaints about noise pollution caused by the company. As this company had various refrigeration units, these plants were one of the possible sources of noise complaints. The worst pollution occurred in the summer during warm weather and depended on the wind direction. The environmental licence imposed a full acoustic investigation. An approved noise expert made the necessary measurements. The results showed that no notable

122

2001

The EIS itself also conducted noise measurements. These showed that the guide values of Vlarem II were complied with. An inspection before 8 am did not show any pollution.

Complaints about odour emanating from a textile company

Early 2003 the EIS, via various channels, received a complaint about odour nuisance. Since 1999 the complainant allegedly sufferred from odour nuisance caused by a company that produced vinyl and textile wall covering. Nonetheless, the complainant had never contacted the EIS before. The complaint was immediately investigated thoroughly. The company confirmed that, due to a capacity increase, occasional problems occurred regarding an efficient treatment of flue gases from the foam ovens with the current afterburners. That is why a new afterburner was ordered, which would be put into operation in August 2003. This afterburner needed to have sufficient capacity to allow for the present and any future expansions of the company. The complainant also approached the Flemish Minister of the Environment and the complaint manager of the Flemish Community. In March 2003, by order of the EIS, emission measurements were conducted regarding the afterburners.

2003 Environmental Enforcement Report of the Environment Inspection Section

EIS performed sound measurements at a catering industry after complaints

During these measurements the environmental inspector found that some chimneys directly emitted flue gases into the air and that there was a brownish oil-like viscous liquid at the base of some chimneys and under some parts of the discharge pipes to the afterburners. Via the rainwater pipe this gunge could end up naturally in the sewers and in the surface water. Presumably, it was condensation fluid from the flue gases exhausted. The operator was then sent an official report and exhorted to take the necessary measures within the shortest possible time and to prevent the condensation fluid from ending up in the surface water. The emission measurements showed that on two afterburners, including the oldest one, the standards were exceeded. The company again was sent an official report and was this time exhorted to review the afterburning installations thoroughly, to have them modified and assessed by control measurements, allowing compliance with the emission standards imposed. These emission measurements by order of the company showed that no emission limit values were exceeded. In the meantime the oldest afterburner had already been decommissioned. From August 2003 the new afterburning installation was put into operation. Since then the flue gases from all production lines that were a nuisance are continuously post-treated. The new afterburning installations was fully enclosed with sound-insulating material, preventing any additional noise pollution. In addition, all possible emissions were studied and the treatment in another efficient manner of certain emissions, the temperature and concentrations of which are too low to be treated in the afterburners, was investigated. Late 2003 a definitive post-treatment technology was installed. The issue of the condensation fluid on the roof was also solved. The new drainage pipes were welded together seamlessly, preventing any further leaks; the same was done for the existing discharge pipes where possible. In places where welding was technically not feasible, a collection system was installed, thus collecting the condensation fluid for further processing by an approved waste processor.

EIS found condensation liquid of the extractioned waste gasses in specific parts of the discharge channels to the after burners

Tip on waste incineration

It is a well-known fact that the enforcement of environmental hygiene legislation does not always go as planned. The enforcement of sanitation and repair measures, for various reasons, is a lot more laborious and slower than expected in many cases. However, examples of the opposite also exist. For instance, in the month of March the EIS received a tip about outdoor waste incineration at a building materials company. During the first two, of course unannounced, evening inspections no waste incinceration was recorded in the immediate vicinity of the company. However, incineration was discovered during a third inspection. At around 9.30 am two environmental inspectors spotted a smoke plume that clearly came from the building company. They presented themselves at the company and immediately proceeded to the fire. There they were confronted with two improvised outdoor waste incineration installations, each with a capacity of about two cubic metres. One installation was of the open type, in the form of an open barrel, the second one was of the closed type with a pipe chimney mounted on top. At the time of the inspection waste was being incinerated in the â€˜openâ€™ incineration installation. The open barrel held the remains of e.g. paper, wood, plastic containers, cans, cables and air filters. At around 9.35 am the two environmental inspectors ordered the manager on site to extinguish the fire immediately and to disassemble and remove the waste incineration installations. The operator immediately complied with this order. Around 9.40 am they started to put out the fire. At 9.45 am the ash and remains of the fire were deposited in a waste container and covered with sand. Around 9.50 am they started to disassemble both improvised incinerators and around 10 am the various parts of both incinerators were put in two containers for metal waste, located on the premises. Between the discovery of the illegal activity and the disassembly and removal of the incinerators exactly half an hour went by!

Reactive inspections

123

9h30: determination of illegal waste incineration

9h35: inspection of the fireplace

The manager was confronted with this illegal situation. According to his statements, he was not aware of the illegal incineration activities. He attributed these activities either to a supplier or a collector of building materials who had used the opportunity to incinerate his own waste (which he had allegedly brought along) in one of the two available incinerators. The manager also referred to instructions he had previously given to his staff to stop incinerating waste. Several subsequent inspections of the company showed that waste was no longer incinerated, but is legally disposed of.

1.3. Handling of complaints within the scope of the Complaint Decree

9h40: the fire is extinguished

A complaint within the scope of the Complaint Decree is a manifest expression of a dissatisfied citizen who complains to the authorities about an action or service the same authorities did or failed to do. All complaints that are filed under the decree and initially addressed to the Flemish Ombudsman Service or the complaints manager are initially referred by these departments to the official handling the file or his immediate superior.

9h50: the incineration installation were dismantled

9h55: the installations were removed

10h00: the dismantled incineration installation in the container for metal waste

124

If the problem is not solved on the department level, the complainant may turn to the Aminal complaints manager. The complaint is then registered there and handled in accordance with the Complaint Decree directives. The complaints manager confirms the receipt within 10 calendar days and handles the complaint within 45 calendar days. The complaints manager asks the head of the department involved for a draft reply. If the complainant is not satisfied with the complaints managerâ€™s reply, he can still turn to the Flemish Ombudsman Service, which may conduct an investigation in accordance with the same procedure: the complaint is then passed on to the department head, who conducts an investigation and reports to the Flemish Ombudsman Service. The latter sends an answer to the complainant. In 2003 the EIS handled 23 questions from the Flemish Ombudsman Service and 6 questions from the Aminal complaints manager. An overview is given in the tables below.

2003 Environmental Enforcement Report of the Environment Inspection Section

List of the files of the Flemish Ombudsman Service, which have been handled in 2003 Number

Description

1999-1070

Infringements on building and environmental regulations by a container company

Category 1

2001-0451

Noise pollution by a company in the non-ferrous industry

2001-0898

Unlicensed activities (recycling of demolition waste + cement plant) in an industrial estate

2001-1117

Odour pollution by a manure-processing plant

2001-1390

Unlicensed establishment/activities in a sauna

2002-0204

Odour and noise pollution from a potato-processing plant

2002-0287

Storage of asbestos waste

non-categorised

2002-0788

Noise and dust pollution from a construction site

non-categorised

2002-0822

Use of e-mail when applying for government documents

non-categorised

2002-0853

Soil pollution

2003-0421

Nuisance due to semi-liquid manure storage

2003-0450

Noise pollution by a metal-processing plant

2003-0533

Noise pollution by a dancing pub

2003-0568

Odour pollution from a pig farm

2003-0365

Storage of building and demolition waste

2003-0650

Presumption of radioactivity

2003-0982

Noise pollution from a sugar refinery

2003-3156

Odour pollution from a composting company

2003-5159

Noise pollution from a dancing pub

2003-5370

Odour and noise pollution from a food company

2003-6958

Odour pollution from a pig farm

2003-7196

Noise pollution from a dancing pub

2003-7950

Noise pollution from a dancing pub

non-categorised

List of questions from the Aminal complaints manager handled in 2003 Number

Description

2002-0010

Environmental pollution from an abattoir

Class 1

2003-0512

Soil pollution â€“ unlicensed storage of vehicle wrecks

2003-0513

Odour and noise pollution from an abattoir

2003-0568

Odour pollution from a pig farm

2003-4341

Odour pollution from a pig farm

2003-6102

Odour and noise pollution from an abattoir

Reactive inspections

125

When handling a complaint, the Flemish Ombudsman Service will also pass judgement on the functioning of the public body involved. Some cases, with their allocated qualification, are discussed in the annual report of the Flemish Ombudsman Service. As described in the example below, the decision of the Ombudsman Service investigation may also be that the public body did indeed work properly and meticulously. Good news from the Flemish Ombudsman Service For several years now the EIS has handled complaints about odour pollution in the vicinity of an industrial estate by a manure-processing company on the one hand and a company producing mushroom manure on the other hand. Both companies were strictly and frequently inspected and sent an official report, if necessary. This resulted in the sanitation of odour problems by those companies after some time. In spite of the far-reaching sanitation measures, complaints about odour pollution kept coming in. The way the EIS handled the odour issue has also been investigated by the Flemish Ombudsman Service at the complainants’ request. The EIS was informed in writing by the Flemish Ombudsman Service that, insofar as the complaint pertained to the improper or careless functioning of the public body involved, the complaint was unfounded.

949 49

According to the provisions of the Co-operation Agreement, Seveso companies must, in 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. As soon as possible after the accident the operator must inform the CGCCR and the inspection services of the conditions of the accident, the hazardous substances involved and the available data in order to evaluate the consequences of the accident for man and the environment and to take the necessary measures. He also has to report which measures were taken to limit the medium- and long-term consequences of the accident and to prevent that a similar accident will happen in the future. The Co-ordination Agreement also states that the inspector is obliged to conduct an accident investigation. This accident investigation comprises an as good as possible reconstruction of the incident, an examination into the measures that were or were not taken and the formulation of recommendations to prevent similar accidents in the future.

2. Reports of incidents

Fire in a refinery

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 taken immediately in case of nuisance, damage or imminent danger. Any pollution must be cleaned up in an ecologically sound manner.

Via the CGCCR the EIS was informed of a fire in a refinery. The fire was quite a blaze and involved a lot of smoke. Via the local media the residents were requested to keep their windows and doors closed. No toxic substances were released. The company’s emergency plan was initiated and the emergency services were alarmed. The fire was fought by the city’s fire department and the company’s fire department. As a result of the accident, large amounts (an estimated 100 tonnes) of hazardous substances were released. It concerned a fraction of the refining process. The installation was significantly damaged and two people were slightly injured.

Besides the obligation to exercise care, the operator also has a reporting obligation: the incidents and measures taken must be reported to the mayor and the EIS. If an incident has taken place, the EIS will ascertain whether the necessary consequence-reducing measures were indeed taken. In 2003 a total of 949 incidents were reported to the EIS. These incidents are not restricted to ‘accidents’ in the narrow sense of the word. The operator must report aspects including the breakdown of treatment plants or when a standard is exceeded.

126

Number of reports Number of reports received Number of inspections conducted for this

The EIS immediately visited the site and exhorted the company to take the necessary measures to prevent extinguishing water from ending up in the docks. The company was also ordered to conduct an accident inquiry and make the necessary repairs and inspections to ensure a safe restart of the unit. The EIS conducted two more follow-up inspections aftwerwards. The intention was to verify which measures the company

2003 Environmental Enforcement Report of the Environment Inspection Section

In a fire at a refinery, the emergency plan was put into action: the fire brigade fought the fire.

Inadequate exploitation of a petrol station lead to petrol in the sewer system.

would take on the one hand to prevent a repetition of the accident in the future. On the other hand, the EIS wanted to follow up closely on the preparations for the restart.

functioning of the hydrocarbon separator.

Calamity at a petrol station While on duty, an environmental inspector was called around 11 pm to go to a petrol station. Petrol had overflowed into the sewers and from there into the basement of a house in the neighbourhood. This resulted in major pollution with a possible explosion hazard. On site the EIS met the municipal environmental official, the fire department, the owner of the site and the operator of the station. Near a house further down the street the sewers apparently showed such defects that petrol seeped into the basement of the house. The residents had been moved to a safer location by the mayor. Near the petrol station it was discovered that the hydrocarbon separator had failed. Its walls were staved in, the pump no longer functioned properly and the sewage pipes apparently were broken in some places. As a consequence, an unknown amount of fuel had drained into the sewers. The operator was immediately ordered to have a clearing company come on site to empty the sewers and remove the fuel from the basement of the adjacent house.

For the further sanitation OVAM issued a number of safety measures (indoor air measurements, ventilation obligation) for the afflicted house. At the end of the work year the thorough sanitation of the house had not yet been implemented. Discussions between the insurance companies about who was responsible probably prevented a quick approach.

3. Evaluation reports A trial licence can be granted for a maximum period of two years. In implementation 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

120 124

The number of companies for which an evaluation report had to be drawn up in 2003, is about four times as high as in previous years. The major difference is caused by a spectacular increase of the number of trial licences with pigsties, issued by the Provincial Council of the province of West Flanders.

Around half past two in the morning, the clearing company arrived on site and removed the liquid from the sewers first. A â€˜sewer ratâ€™ was used afterwards to loosen any remaining sludge and to remove it. The collection well in the basement was then drained. However, fuel residues kept flowing into this well via the groundwater, necessitating regular re-emptying.

Evaluation report for a trial licence for a textile company

The operator was ordered to immediately replace the hydrocarbon separator, the pump and the pump well. The operator also took action to prevent such calamities in the future. He was ordered to subject all petrol stations operated by him to a thorough check-up every six months, with special attention to the proper

In its report the EIS proposed to discontinue the discharge of industrial wastewater. After all, an investigation had shown that, on condition of treatment and sufficient storage capacity, the industrial wastewater could be recovered as process water and used for sanitary purposes. In addition to the discontinuation of the

Within the scope of a trial licence an evaluation report was drawn up for a textile company. The subject of the licence was the discharge of industrial wastewater into surface water approved as fishing water. Groundwater was used in the production process.

Reactive inspections

127

The waste water of the textile industry can, should treatment and adequate buffer capacity exist, be recuperated as process water.

EIS prepared a nuanced evaluation report with the trial licence of a soil sanitation centre.

discharge into surface water, a reduction of the pumpedup groundwater flow was achieved.

installation may only be operated in the daytime, not in the evening or at night, nor on Sundays or holidays. The company considered this a restriction.

The costs for the modifications (pumps, piping, surge basin, â€Ś) are compensated in the short term by the elimination of industrial wastewater discharge levies and groundwater extraction. The authorities issuing the licence accepted the advice of the EIS and decided to stop licensing the discharge of the industrial wastewater. The modification work has been successfully completed in the meantime.

Evaluation report for a trial licence for a soil sanitation centre A company that has been active for years in the collection and processing of waste wants to expand its field of activity with a soil cleansing centre. The Provincial Council was positive about the licence application, as there is a need for such companies. However, a great deal of nuisance to the neighbourhood may be the result, due to noise, vibrations, dust and traffic. That is why a trial licence was issued in September 2001. As always, the EIS had to draw up an evaluation report before the end of the trial period. In its 1.5-year operating period the company was inspected several times by the environmental inspector. The sectoral conditions of Vlarem II and the special conditions of the licence were largely complied with, but some problems remained. The green belt had not yet been fully installed as planned. Some visual nuisance thus remained. This had to do with the fact that the company had purchased adjacent parcels, allowing for expansion possibilities. A sound study was imposed in the special conditions of the trial licence. This showed that the sound standards were complied with. For reasons of compliance with the sound conditions of Vlarem II the soil sanitation

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It was a problem that the company apparently could sign more contracts than planned. As a result, the various soil lots on the premises were not always clearly demarcated and the maximum amount of material was exceeded. Consequently, the EIS drew up an official report for exceedance of the licensed amount of material and exhorted the company to keep to the maximum amount. The company was able to comply afterwards. The EIS thus presented a nuanced evaluation report to the Provincial Council, pointing out the positive and negative issues. The Provincial Council issued a licence for 20 years, starting from the trial period, but with strict conditions, the compliance of which will be strictly monitored by the EIS.

4. Marginal notes When a Public Prosecutorâ€™s office has any question concerning an official report filed by the EIS or when the Public Prosecutor wishes to be informed of the situation in the administrative processing of an official report, this question is framed in the form of a marginal note. Marginal notes (per office, all reports) Antwerp Bruges Brussels Dendermonde Ghent Hasselt Yper Kortrijk Leuven Mechelen Oudenaarde Tongeren Turnhout Veurne

Received

Processed

91 47 78 202 66 171 33 101 59 23 61 75 18 37

71 33 74 164 73 157 41 95 74 17 52 66 30 33

Total

1.062

Number of inspections

980 575

The graph below makes a comparison between the number of marginal notes received and their processing for the past five years. This comparison shows that both the number of marginal notes received and the corresponding marginal notes have increased significantly the past four years.

Evolution of the marginal notes 1999-2003 1200 1000 800 600 400 200 0 1999

2000

2001

2002

2003

number received number treated

In addition, following a motivated request from the Public Prosecutorâ€™s office, environmental inspectors are available to act as technical experts in an investigation under the supervision of a magistrate or criminal investigation officer, to the extent that this does not overly interfere with the systematic enforcement. In 2003 the Public Prosecutor was served a total of 52 times in this respect .

The EIS also keeps a separate count of the number of marginal notes relating to companies for which a priority official report was drawn up. Marginal notes Received (per office, after priority official report) Antwerp 40 Bruges

Processed 27

Brussels

Dendermonde

Ghent

Hasselt

Yper

Kortrijk

Leuven

Mechelen

Oudenaarde

Tongeren

Turnhout

Veurne

486

420

Total Number of inspections

575

Reactive inspections

129

Polluted rainwater is considered as industry wastewater and the discharge must therefore be permitted.

licence (156% compared to the licensed flow) while the groundwater table is quite vulnerable. The distribution pumps for diesel did not have an impermeable floor and these pumps were not licensed. The fuel oil and diesel tanks were not subject to the obligatory periodical investigations. The EIS drew up an official report for these facts.

The operator of a concrete plant was summoned in December 2003.

Marginal notes and subsequent official reports result in summons Early 2000 the EIS discovered at a cement plant that the operation was insufficiently licensed and failed to meet a number of Vlarem II conditions. The EIS drew up an exhortation, but discovered in October 2000 that not enough measures had been taken as yet. The company requested an exemption from environmental levies from VMM because all wastewater was recirculated according to them and was thus not discharged (approval as zero discharger). In rainy weather, however, the EIS found that the mud, pebbles and sand washed away with the rainwater into the sewers at the front of the premises. This is indeed discharge of industrial wastewater. In the special conditions to the environmental licence a feasibility study had been imposed to collect the rainwater, thus limiting the use of groundwater. This study was not carried out within the request period. In addition, more groundwater was annually pumped up than allowed according to the

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In May 2001 an expansion of the licence was granted, but discharge of industrial waste water and expansion of the groundwater to be pumped up was not included. The company wanted to build a rainwater basin and close the discharge point to the sewers. Less groundwater would be pumped up then and no industrial waste water would be discharged. In October 2001 the EIS, in response to a marginal note, drew up a subsequent official report. The rainwater basin had still not been built. The diesel tanks were found non-compliant during an inspection (orange sticker) and the distribution pumps needed to be adjusted to the Vlarem II regulations (impermeable floor). Late January 2002 the EIS found that the groundwater pumped up in 2001 had increased to 268% of the licensed flow (almost double compared to 1999) and that the construction of the rainwater basin had still not begun. The reapproval of the tanks, imposed in October 2001, had not taken place. In February 2002 the EIS drew up a new subsequent official report in response to a marginal note. In April 2002 the company put the rainwater basin into operation. In February 2003 the EIS found that the distribution pumps still did not comply. In 2002, in spite of rainwater collection, 170% of the licensed groundwater flow was pumped up. This was included in a subsequent official report to the Public Prosecutorâ€™s office. The EIS informed the company that a proposal to suspend the environmental licence would be submitted to the authorities issuing the licence if sanitation did not take place. The distribution pumps were eventually installed in the work hall in April 2003 where a coating is applied on the floor. The application to increase the groundwater flow was submitted in September 2003. The company was served a summons in December 2003.

5. 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. In 2003 the EIS received no requests in respect of files eligible for investment allowances.

5.1. Recommendation PWTPs The Flemish Parliament passed the programme decrees of December 20, 1996, December 19, 1998 and December 22, 2000 ruling that private persons who purify their wastewater themselves can enjoy exemption from the wastewater levy. One of the conditions for this is the construction and operation of the PWTP according to a code of good practice. Before the mayor can issue such a certificate to the private individual, he or she must request the advice of the EIS. 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 the 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 decree to the minister for the amendment of the decree. Legislation was again amended with the Programme Decree of December 22, 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 constructed after

the house could already be connected to a MWWTP). The term ‘certified private treatment plant’ was also introduced. Late 2003 the Programme Decree of December 19, 2003 ensured that ‘social institutions, outside the medical framework, involved in care and without a production capacity, where predominantly persons are cared for because of their disability or physical condition’ may also be exempt from wastewater levies, under the same conditions as mentioned above.

Despite the last amendments to the legislation, the EIS still has a number of suggestions for the further optimisation 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 wastewater treatment systems if new houses are constructed in a zone where no connection to a municipal wastewater treatment plant is planned; it appears that only a handful of municipalities systematically applied these regulations; - effective introduction of certified installations and approved constructors: the advantages are increasing the quality of the systems, assurance for private persons and simpler control by the public authorities (the first certificate is issued early 2004); - no Vlarem environmental inspectors are used in the procedure; - further simplification of the procedure: after all, the costs for the authorities are still much higher than the benefits.

Recommendation PWTPs Requests received

Antw.

Limb.

East Fl.

Fl. Brab.

West Fl.

Total

286

Incomplete requests

Requests investigated

269

Positive recommendation

265

Negative recommendation (construction)

Negative recommendation (exploitation)

Aerobic bacteria filter or oxidation bed

Anaerobic bacteria filter

Drained sand filter/filter bed

Raised filter bed system

Immersed filter

Activated sludge system

178

Biorotor

Plant systems

Reactive inspections

131

concrete implementation. Pursuant to article 6 of the regulation, the EIS can be asked to give its recommendations on any application for the registration of an industrial activity. Based on a number of criteria, the EIS investigates whether the organisation meets the relevant legal and environmental regulations and an objections may or may not be raised. In 2003 the EIS received three requests for advice in respect of an EMAS registration. In one case the EIS raised an objection, as the organisation did not have a full environmental licence. The EIS did not raise any objections to the other two organisations.

6. Flemish Parliament questions

Biorotor as particular water purification installation (PWZI): EIS must make recommendations on the building and the operation.

Each year the EIS gives a lot of input when answering a variety of questions from the Flemish Parliament. It concerns parliamentary questions, explanation requests, petitions, interpellation requests and current questions. Below an overview is given of the questions processed. The number of inspections conducted for this is always very low (or nil) as the cases are usually very familiar to the EIS and because there is normally little time available between to answer a parliamentary question. Input for questions from the Flemish Parliament

5.2. Recommendations in respect of EMAS EC regulation no. 761/2001 of March 19, 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 â€˜Eco Management and Audit Systemâ€™. EMAS II is the successor to an earlier EMAS regulation (no. 1826/93) aimed at gradually improving the environmental performance of organisations by: - encouraging organisations to set up and apply environmental 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 an open dialogue; - actively involving the employees in the organisation.

Unlike its predecessor, EMAS II is not restricted to industrial activities. The new regulation was implemented by amending the Internal Company Environmental Care section of the Decree on General Environmental Policy Stipulations. Aminal was appointed as the authority competent to record organisations and to cancel, refuse and suspend registrations. The Environmental Licence department takes care of the

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Number of parliamentary questions processed 18 Number of explanation requests processed

Number of petitions processed

Number of interpellation requests processed

Number of current questions processed

SUMMARY OF THE FLEMISH PARLIAMENT QUESTIONS PROCESSED Date

Subject

Nature

No.

22/01/03

Zaventem – Decisions on interministerial conference

Explanation request

354

22/01/03

Agalev study on closure of Wevelgem regional airport

Explanation request

378

24/01/03

Government tasks – Formula

Parliamentary question

24/01/03

Works of art in public buildings – State of affairs

Parliamentary question

3/02/03

Model aviation regulations

Petition

3/02/03

Party room in Erembodegem

Petition

3/02/03

Ban on noisy columns in traffic with festivities, weddings and funerals

Petition

13/02/03

Fishing in Flanders

Explanation request

504

14/02/03

Policy execution third parties – Ministerial representatives

Parliamentary question

107

14/02/03

Government assignments – Judicial services

Parliamentary question

108

14/02/03

Study assignments – Overview

Parliamentary question

113

18/02/03

Vlarem regulations for crematoria in Flanders

Explanation request

517

28/02/03

Laeremans Ramsel landfill – Health problems

Parliamentary question

125

4/03/03

Co-operation with Aminal - Puurs

Parliamentary question

134

30/04/03

Lendelede landfill – Protection area

Parliamentary question

169

23/05/03

Lack of a forthcoming proper environmental enforcement policy

Explanation request

826

28/05/03

Umicore Hoboken/Olen – State of affairs

Parliamentary question

185

28/05/03

Odour pollution from composting installations

Explanation request

820

13/06/03

Tienen Sugar Refinery – Odour pollution

Parliamentary question

193

17/07/03

Decree proposals – Government advice

Parliamentary question

228

7/08/03

Incinerators with chipboard companies

Parliamentary question

235

21/08/03

Dry cleaners – Soil pollution

Parliamentary question

237

and Public Prosecutor’s offices

Interpellation request

404

19/09/03

Flemish building industry asks for government assignments

Interpellation request

405

5/11/03

Swimming pool in Kortrijk

Explanation request

248

7/11/03

DEC – Odour pollution

Parliamentary question

25/11/03

New construction and renovation of public buildings – Ecology

Parliamentary question

5/12/03

Sound and vibration experts – Quality standards

Parliamentary question

16/12/03

Government assignments – Consulting firms

Parliamentary question

16/12/03

Resolutions – Follow-up

Parliamentary question

18/12/03

Consequences of the fire in the Marly-Carcoke-torens

Current question

18/12/03

Brand Marly towers

Current question

12/09/03

Environmental enforcement between the Environmental Inspectorate

Reactive inspections

133

7. 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 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. The EIS has noted for a long time that the local authorities, save a few exceptions, did not provide first-line supervision of the aforementioned establishments. This issue has come up extensively at the MINA council and at a consultation meeting of the EIS with the Flemish Ombudsman Service in 2001. ‘High supervision’ is not interpreted by the EIS as ‘acting in the place of defaulting party’. After all, the EIS in its current form only has some 80 environmental inspectors, whose main task it is to carry out preventive control actions. Furthermore, the EIS cannot enforce supervision by the local authorities, as it has not hierarchical authority over these authorities. To meet the Ombudsman Service’s laments, the EIS has developed and implemented a procedure to closely monitor first-line supervision by the local authorities. This procedure is described elaborately in section 1 of this chapter (Complaints). In the course of 2003 this procedure was explained in detail to the representatives of the Flemish Ombudsman Service.

High supervision at a car wash Further to a complaint from a nature association, the EIS took samples of the wastewater from a carwash in Kontich in December 1999, because the discharge resulted in the visible pollution of a brook. The wastewater did not meet the discharge standards and the EIS drew up an official report. In January 2000 the city council exhorted the class 2 company to submit a sanitation proposal. However, this proposal never reached the city’s environmental department. In February 2000 the company informed the EIS that it had agreed with the mayor to provide a connection to the sewers across the road, as there were no sewers on the side of the car wash. Because the connection to the sewers had still not been made in November 2002, the EIS again took samples of the wastewater from the car wash. Again it turned out that the discharge standards were exceeded. The EIS thus drew up a priority official report and asked the mayor in January 2003 to order the discontinuation of the discharge.

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2003 Environmental Enforcement Report of the Environment

Because the mayor did not comply with this request, the EIS itself prohibited the company in April 2003 from further discharging any wastewater which did not meet the discharge standards. The ban would take effect in July 2003. Early July 2003, however, the EIS found that the company had nevertheless connected all its wastewater to the sewers across the street, allowing the mandatory measure to be cancelled.

High supervision at the city’s request In July 2000 the EIS received the first odour and noise complaints from a neighbour. The source was a class 2 company making aluminium tubes, destined for the pharmaceutical industry. The complainant suggested that the city did not handle the complaints objectively because the city’s environmental official had close family ties with the operators. That is why a series of inspection visits were made outside the normal working hours. This revealed that the odour pollution was due to emanations from the oven air chimneys, used for the baking of varnish coats and printing processes. In September 2000 the mayor asked the EIS to take over the supervision of the company. After internal consultation it was decided to comply with the mayor’s request, taking into account the existing priorities within the department. A sound study carried out at the company’s expense by an approved expert did not reveal any infringements of the applicable sound legislation. However, complaints kept coming in. Early 2001 a new series of inspections was begun whereby it was noted that the company still used a PCB transformer which had not been reported to OVAM. An official report was drawn up and the removal of the transformer was demanded. The PCB transformer was removed by a licensed company in the summer of 2001. In June 2001 a new environmental licence was issued by the Mayor and Aldermen. Various special licence conditions were imposed: within 6 months after the issuance of the licence a noise sanitation plan had to be presented and within 12 months a new afterburner had to be installed. The complainant lodged an appeal against this new decision. The licence issued by the Mayor and Aldermen was confirmed on appeal by the Provincial Council. To meet the complainant’s laments, the EIS asked VMM in July 2001 to conduct immission measurements in the vicinity of the company. These were made in the period from August to November 2001. The report

This class 2-industry make aluminium tubes for the pharmaceutical industry.

Extraction channels lead to the afterburner, the eventual emission takes place along the scows in the background.

showed that the WHO standards were not exceeded, but that odour pollution was found for all downwind measurements. The city was informed of this.

did not exceed the applicable standards. During the construction of the afterburner the company kept the EIS informed of the work progress every week.

Although an exhortation had been given already in October 2001, the EIS found in May 2002 that not all (more than 20) measuring openings had been installed yet in the chimneys. A new exhortation was given. Early July 2002 emission measurements were made by order of the EIS. Furthermore, we also received the fire prevention report and the sanitation plan following the sound investigation.

High supervision lead to the placement of this afterburner.

In the meantime the company had sent a request for the postponement of the afterburner construction to the Mayor and Aldermen. This resulted in a new licence in which the period for the installation of the afterburner was prolonged with six months. The definitive results of the emission measurements resulted in a new official report for the company regarding infringements of the emission limit values and the untimely installation of the afterburner. The EIS exhorted the company to draw up a sanitation plan and to install the afterburner by April 2003. The Health Inspectorate was asked for an advice about the harmfulness of the substances emitted. The company presented a sanitation plan in time and eventually ordered the afterburner which would be put into operation on September 30, 2003. In the meantime the complainant lodged a new complaint, this time with regard to the height of the recently installed chimney for the afterburner. The chimney was measured. No infringement was found. As a result of a new complaint the EIS conducted some sound measurements in June 2003 in the complainantâ€™s garden. The measurements showed that the company

Reactive inspections

135

In October 2003 the EIS found that the afterburner was operational. In November 2003 the environmental inspector was present at measurements – carried out by the constructor – the results of which were outright positive. No odour pollution has been recorded since then and complaints were no longer filed. The public prosecutor’s office was informed of the latest state of affairs. After a major investment of time and means the case was ready to be handed over to the city.

8. The winter smog scheme When the meteorological conditions are poor, air pollution can sometimes rise appreciably, creating a smog which affects man and the 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 the 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 2003 this script was updated for use in the winter of 2003-2004. Vlarem makes a distinction between a warning phase and an alarm phase. The warning phase starts when the average hourly NOx measurement or the sliding daliy 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 spread 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

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2003 Environmental Enforcement Report of the Environment

of the measurement stations in any zone exceed the threshold value. Only the companies in that zone need to 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 on the IRCEL web site (www.irceline.be). Every day VMM, which manages the Flemish measurement network, e-mails the inspector a report of the measurements stations taken at all stations. Only the largest emitters are required to take steps to reduce their contribution when the alarm is issued. According to the Vlarem regulations, these companies discharge more than the threshold quantities for NOx, SO2, dust, chlorine, fluorine, CO or inorganic gaseous chlorine and fluorine compounds. The winter smog companies are selected on the basis of pollutions reported in the annual emission report. The selection is reviewed on October 1 of every year on the basis of the annual emission reports of the previous year. There were 40 winter smog companies for the winter of 2003-2004. These are mainly electrical power stations, metallurgical companies, brickworks and large chemical companies. The map shows the location of the winter smog companies and measurement stations and the distribution of Flanders into zones. 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 temporarily switch to lowsulphur fuels and if possible, natural gas. The operators must report within 24 hours to the EIS, faxing a list of the measures they have taken. The EIS monitors these actions. The companies can lift these measures once the concentrations of NOx and SO2 measured in the atmosphere have dropped below the alarm threshold. They are required to submit to the EIS, within a period of two months, all available information that can be used to assess the efficacy of the measures taken. In principle, the meteorological conditions for warning and alarm phases can be reached at any time of day. A precise follow-up of the concentrations at the VMM measurement stations by the on-duty inspectors and a watertight on-call system with all other parties involved are thus required. That is why the EIS in the beginning of the winter of 2003 tested the operational readiness of the on-call system of all the companies involved, of all the public authorities that must be notified and the field services of the EIS. The 40 winter smog companies were faxed on their on-call fax number on a December evening at around 8 pm and, if mentioned in the

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

scheme, phoned as well. They needed to reply within 2 hours or as quickly as possible by sending a reply fax. The EISâ€™ field services were subjected to the same test. The results of the test were far from satisfactory. Only half of the companies replied within two hours by fax. One third of the companies had to be asked their precise on-call schedule again, as the on-call fax was

not monitored at night. Eight companies did not respond at all. The EIS did whatever was necessary to obtain the missing information and amended the scheme afterwards. Two of the government authorities could not be reached. Their data proved to be outdated and/or the test message was not understood. The scheme was updated and to be absolutely safe, French announcement and termination messages for warning and alarm phases were added.

Reactieve controles

137

For the sanitation to be effective and the enforcement to be credible, a firm and bold follow-up of the measures imposed is an absolute necessity, until the desired sanitation is achieved. In this chapter attention is also paid to ‘own initiative’. In addition to scheduled inspection activities, attention must also be paid to official inspections on the environmental inspector’s own initiative. That both follow-up and own initiative are a major part of the key process for ‘inspecting and taking measures’ is evidenced by the time devoted to it, i.e. 30%.

FOLLOW-UP AND OWN INITIATIVE 1. Follow-up of a file To follow up on any shortcomings found, the EIS makes use of enforcement instruments. This is an EIS tool which must be used efficiently and effectively to maximise its own processing competences. Imposed instructions must thus result in actual sanitation. In the cases where the imposed instructions (mostly exhortations) do not result in the intended sanitation, the EIS will proceed to administrative legal acts (mandatory measures, orders) or a proposal to the authorities issuing the licence to take administrative sanctions (suspending or revoking the licence). If need be, the EIS can also submit a proposal to amend or complement the licence conditions. Below, as an example, is the flowchart used when the environmental inspector imposes mandatory measures in accordance with article 65§4 (if the mayor does not take action or takes insufficient action) or article 66§1 (if the operator refuses to act upon previous instructions and the infringement continues to exist) of Vlarem I.

On the implementation date of the mandatory measure any seal will be described in an official sealing report. Below are some real-life examples. Follow-up of a disconnection Within the scope of the optimisation of the MWWTPs it was decided in 2000 that an abattoir must disconnect the discharge of industrial wastewater from public sewers. From January 1, 2003 onwards new discharge conditions and standards for surface water discharges came into force. With the existing water treatment plant these stricter discharge standards could never be met. Previous inspection by the EIS had shown that the discharge The slaughterhouse wanted to disconnect the discharge of industrial waste water from the sewage system, and built a new water purification system

The mandatory measures may be: - ordering the activities to be stopped, orally and on site; - putting a seal on the machines; - ordering the immediate closure of the establishment. In accordance with the rules of proper management, the mandatory measure is imposed with an implementation date that allows the minister to decide on a possible appeal lodged against the mandatory measure imposed. That is why the implementation date of the mandatory measure is normally 90 days after its service.

Follow-Up and own initiative

139

standards were exceeded several times. The construction Follow-up of the sanitation of a crematorium of a new water treatment plant was thus necessary. The EIS insisted on a prompt commencement of the Emission measurements in the fall of 2001 revealed that works. both ovens of a crematorium exceeded the limit values for dioxins (PCDDs and PCDFs). The EIS drew up an In August 2003 the new water treatment plant was put official report and exhorted the operator to have a new into operation. This fully automated installation consists sampling and analysis made within three months. of a physico-chemical pretreatment and an aerobic biological batch process. Two months were needed to The new emission measurements showed that the first adapt the sludge to the wastewater. After this period the oven met the applicable standards, but that the second required standards were met, according to the operator. oven did not. The EIS thus exhorted the operator early 2002 to make the necessary structural adjustments to In the months to come the EIS will take various wastewa- the flue gas treatment plant to continue meeting ter samples. The analysis results will confirm whether or the applicable emission standards for incinerators in not the applicable discharge standards are met. crematoria.

Enforcement instruments: flowchart for imposing mandatory measures

M6.01 : enforce mandatory measures*

Appeal lodged with the minister/ summary proceedings in civil court ?

* general rule : Choose the period such that a ministerial decision is possible. So : implementing date of mandatory measures = 90 days after notification of the mandatory measure (no urgency)

Yes

Decision before implementing date of mandatory measure ?

No Yes

Measures confirmed ? Yes

Request for suspension by Council of State or summary proceedings in civil court ?

Yes

Yes No

M06.05 : lift mandatory measures

140

Mandatory measure enforceable ?

Suspension

End

2003 Environmental Enforcement Report of the Environment

Yes

M6.02 : make report of sealing and M6.03 : make report of appointment of keeper of the seal

Make report + enforce mandatory measures before civil court, if necessary M6.04 : inquire with the AJD of LIN (right of action)

End

Late 2002 the crematorium was expanded with a third oven, the existing ovens and the new oven were fitted with new filter lines, the oven control system was modified and measurement openings were provided, in accordance with the applicable standards. In addition, the possibility of expansion with a fourth oven was left open. Emission measurements showed that the emission limit values were now amply complied with, for dioxins as well. Early 2003 the EIS conducted a follow-up inspection: the new flue gas treatment plant was in use. The basic principle of these filter lines is dioxin filtration by means of active carbon. The reagent, consisting of 20% active carbon powder and 80% sodium carbonate, absorbs the dioxins and furans from the flue gases and ensures the reduction of acid-forming components (primarily SO2, HF and HCl) through neutralisation. The flue gases then end up in a sleeve filter, where the dust and used-up reagent are filtered from the smoke. The treated flue gases are then blown out through a fan and through the chimney.

Part of the new smoke gas purification system of the crematorium: the emission satisfy the standards at the moment.

As this process cannot work with high temperatures (the filter would be incinerated), the smoke is first cooled in a heat exchanger (an air water cooler), provided with a closed water circuit. Between the cooling and the sleeve filter there is a multi-cyclone for a first dust separation and for the separation of any larger particles or metal particles that could damage the sleeve filter. For every two ovens there is a single chimney after filtration, i.e. the exhaust of the filter line. Emission measurements late 2003 again confirmed that the emission limit values were amply complied with.

File follow-up with obstacles In implementation of the EIP 2003 a petrol station that had already been sent a report in 2001 was again put under the microscope. The history of this file is characterised by operator changes in quick succession and shows that an environmental inspector can encounter many obstacles on the path of his file follow-up. The petrol station involved did not use the possibility of a conditional postponement in 1997 for a number of construction and equipment requirements. After the classic ARAB licence the then operator A of the establishment obtained an environmental licence in 1991. Already in 1993 the licence was taken over by operator B. Four years later operator C takes over the petrol station and becomes its new manager. Another four years later (in 2001) it is operator Dâ€™s turn to manage the petrol station. The EIS then came to the fore and discovered that the takeover had not been reported. Together with a series of technical infringements this illegality was reported to the public prosecutor. The EIS imposed the sanitation. In 2002 a new and thorough scanning of the station was made which was again operated by operator C in the meantime. Pending the minutes by the authorities issuing the licence regarding the reporting of the new takeover by operator C, the environmental licence, issued to operator in 2001, was considered valid. However, operator D in turn announced that the activities had been stopped. The EIS exhorted the new operator C to implement the sanitation imposed previously. For the follow-up of this sanitation the EIS conducted a new inspection in the second half of 2003. To the EISâ€™ surprise, it was discovered that the operation had been stopped, that the pumps had been decommissioned and that the establishment had been put up for sale, although in the meantime operator C had applied for an expansion for the discharge of domestic wastewater and industrial wastewater, a carwash, the storage of hazardous products and the replacement of the single-walled container with a double-walled type.

Follow-Up and own initiative

141

As a result of these exhortations the operator took action. He applied for a new environmental licence for the non-licensed activities and appointed an outside company to fully investigate and optimise the water treatment plant. By using a surge basin the abattoir succeeded in meeting the discharge conditions mid-2001.

The petrol station was closed at the end of 2003, and the pumps were removed.

Several months later it was discovered that the station was in operation again, this time ‘managed’ by another operator, operator E, again without a prior report. The EIS reported the new operator and requested the Provincial Council to suspend the licence. Late 2003 this request had not yet been handled. A final check on site showed that the establishment was closed again. The service pumps had even been removed. Follow-up of the sanitation of an abattoir Within the scope of the ‘Abattoir and processor control’ project the EIS conducted a full inspection of an abattoir in June 2000. A sampling unit was also set up to sample the wastewater discharge for a week. This comprehensive inspection showed that a number of polluting activities were not licenced, that the animal waste was not stored in refrigerators and that the industrial wastewater discharged did not meet the discharge conditions. The EIS drew up an official report and issued exhortations to sanitise the situation.

In November 2001, however, the EIS found that animal waste was still not stored in refrigerators. The EIS again drew up an official report and again exhorted the company to adjust this storage. In response, the abattoir decided to build a fully refrigerated hall. Partly thanks to the time needed to obtain a building permit, the company succeeded only early 2003 to store all animal waste in accordance with the legal stipulations. The environmental licence for the unlicensed activities was obtained late 2001. As a special condition, however, stricter standards were imposed for the discharge of industrial wastewater into the surface water. The abattoir lodged an appeal, but the stricter discharge standards were confirmed by the Flemish Minister of the Environment mid-2002. In December 2002 the Council of State rejected the request to suspend this decision. Because it turned out already in September 2002 that the new discharge conditions could not be met, the company was forced to expand the water treatment plant. After the necessary licences were obtained, this expansion was put into operation early October 2003. The 2 samplings made by the EIS in the meantime show that the discharge conditions are amply met now.

Animal waste must be stored cooled, and may therefore not be placed outside in the courtyard of the slaughterhouse.

Inside of the sampling device: the sampling campaign indicated that the discharged industrial waste water did not comply with the discharge standards.

EISâ€™s measurements showed serious violations of the emission limit values.

Wood waste incincerator discontinued with a flax board company The operator of a flax board company has an environmental licence for the operation of a wood waste incinerator. This oven has been in operation since 1925; during that period only the furnace has been adjusted. In October 2001 the company had emission measurements carried out with regard to the oven. The measurement results showed that the emission limit values for the dust, CO and NOx parameters were exceeded. The EIS reported the company and exhorted the operator to have a sanitation plan drawn up for the oven by an approved air expert. The expert formulated various sanitation measures: improvement of the air management, control of the incineration process and modification of the furnace geometry. The company was exhorted to sanitise the oven before September 2002.

By order of the EIS new emissions measurements were carried out for the oven in February 2003. The measurement results again showed a serious exceedance of the emission limit values. In February 2003 the company made it known that it wanted to replace the oven by a new gasholder. As the company was unable to meet the operating conditions, the EIS decided to discontinue the oven in April 2003 from July 15, 2003 onwards. The company lodged an appeal against this decision with the Flemish Minister of the Environment. The company sped up the replacement of the oven with a new gasholder, which was eventually started up in November 2003. In the meantime the company withdrew its appeal against the mandatory measure.

After the sanitation of the oven air management the company had new emission measurements carried out in September and November 2002. The measurements showed an improvement of the CO and NOx parameters, but the measurement values did not yet meet the emission limit values. The EIS drew up an official report and exhorted the company to take any measures to discontinue the operation of the incinerator under those working conditions before February 2003.

Follow-Up and own initiative

143

Part of the careless storage of corrosive, oxidising and extremely poisonous products.

An additional flotation-installation at the sugar factory, cuts the percentage floating substances in half, ensuring that the discharge standards are respected

Follow-up of a Seveso company A company, which began producing cleansing agents in 1997, was known to the EIS for the discharge of detergents into a sewage water treatment plant. Various measurement campaigns were conducted, whereby various official reports were drawn up. Following an inspection in 2002 within the scope of the supervision of compliance with the Seveso II Directive, it turned out the company was a Seveso threshold 1 establishment. This inspection revealed that the actual situation did not meet the licensed situation. The careless storage of corrosive, oxidising and highly toxic products meant a danger to the environment and to the employees. The separation distances between products with various danger characteristics were nonexistent. The storage of movable recipients with hazardous products did not have a secondary containment. The correct amounts and the nature of the hazardous products could be insufficiently verified for lack of a register and safety information sheets. The EIS reported and exhorted the company to submit a notification file, to apply for an amended environmental licence, to comply with the Vlarem conditions, to request a meeting with the fire department, to conform the zoning and inspection certificates, to conduct risk analyses and to label the end product correctly. The Provincial Council awarded a one-year trial licence to the company with numerous special conditions: the implementation of a safety study, the hiring of qualified staff and the implementation of a feasibility study for wastewater treatment. The management woke up. A notification dossier was submitted, a safety study was ordered, containments and a loading and unloading dock were provided for, the advice of the fire department was requested and an inspection body was contacted to certify the tanks. Ample attention was paid to the wastewater issue: the technical and economic feasibility of a reduction of detergent discharge was carefully examined. The company also lodged an appeal to the trial licence with the Flemish Minister of the Environment.

144

2003 Environmental Enforcement Report of the Environment

When drawing up the evaluation report for this trial licence, the EIS conducted a new inspection at the company. The minister judged that the company had already taken sufficient measures regarding safety and the environment and that the management had improved. The company received an environmental licence for 20 years. In the meantime the EIS followed up on the company through some intermediate inspections. After a modification to the wastewater treatment a new measurement campaign was conducted. The discharge standards were no longer exceeded. The company regularly communicates the state of affairs, ensuring smooth follow-up inspections. Again it appears the sanitation of a company may take several years and that frequent follow-up inspections are needed to stimulate the company to meet all aspects of the environmental legislation.

Follow-up and sanitation of wastewater problems with a sugar refinery The EIS regularly inspects the quality of the industrial wastewater discharged by a sugar refinery. Late 2002 the EIS again found that the discharge standard for suspended solids in wastewater was exceeded. Early 2003 the operator was informed of this and sent a report. The EIS also exhorted him to investigate the cause of the problem, to present the conclusions of this investigation to the EIS and to take the necessary sanitation measures. Mid-2003 the EIS received the investigation conclusions and the announcement that an additional flotation installation would be installed to reduce the suspended solids content in the wastewater discharged. This flotation was installed and put into operation in September 2003.

In the fall of 2003 the EIS sampled the industrial wastewater discharged twice. The sampling took place during a peak production period. Both inspections indicated that the suspended solids content in the industrial wastewater discharged had dropped by approximately half compared to the measurement values late 2002. In both cases the standard was largely complied with. Thanks to the firm and appropriate actions of the EIS and the co-operative attitude of the company the standard exceedance problem with the industrial wastewater discharged was solved.

2. Own initiative It goes without saying that an environmental inspector is occasionally confronted with unforeseen (potential) environmental offences in the performance of his planned activities in the field that (may) constitute a risk to man and the environment. For instance, an environmental inspector can encounter the following situations: illegal wastewater discharge, soil contamination, suspicious smoke plumes from a smokestack, acute odour, light, sound and vibration nuisance, illegal dumping or incineration of waste and an at first sight careless or unsafe operation of a company. When encountering such unforeseen circumstances the environmental inspector cannot pretend nothing is wrong. An (immediate) action on one’s own initiative is in order. Every environmental inspector is allocated a part of his available time for this purpose. Below are some concrete examples.

Offensive storage of paint waste

were disconnected, and some smaller recipients with paint products or paint residues. There were clear signs that a small production unit for paint had been operated here and that this operation had been stopped recently. The operation had taken place without an environmental licence. There was a great deal of waste in proportion to the small-scale production that had taken place there. This indicates that the waste produced was never disposed of. The EIS reported the operator for dumping waste and for operating a warehouse for waste without an environmental licence, and exhorted him to clear the warehouse entirely in the short term and to have all waste collected by an approved collector. OVAM was also informed, because a soil investigation must be conducted when activities are stopped in accordance with the Soil Sanitation Decree. Considering the illegal activities, the establishment was probably not known to OVAM. The operator acted upon the exhortation and had all waste removed according to the rules within the timeframe set. Upon OVAM’s request a pilot soil investigation was conducted on site.

Small-scale production – plenty of waste Control of a tape manufacturer During an inspection at an industrial estate it was accidentally noted that various metal and plastic drums were stored behind an abandoned industrial building. The drums were stacked on wooden pallets. Many had paint traces on the outside. 85 metal drums and 33 plastic drums were counted that presumably all contained paint waste, considering the mention ‘paint dregs’ or ‘used thinner’. They were stored on a concrete floor, which did not have a secondary containment. Some drums did not have a lid. There were two empty drums in a concrete rainwater drainage ditch. In the industrial building a worker was busy doing some cleaning. The industrial building contained some mixing vessels for paint that

In 2003 the EIS conducted thorough inspections on its own initiative at a company manufacturing different kinds of tape, whereby the various environmental compartments were checked. For instance, the EIS checked whether the licence situation corresponded with the actual situation in the company. In addition, the EIS also checked licence management. It was verified how the storage of hazardous substances occurred in practice and how this storage was managed. The EIS investigated whether the company was an IPPC and/or a Seveso company.

Follow-Up and own initiative

145

The EIS fully investigated the production process in search of all relevant emission flows. The various waste flows were inspected, the reporting of waste disposal was requested and the storage at the company was checked. The reports of emission measurements at the chimneys were reviewed. the EIS also took a spot sample of the wastewater and checked the analysis results against the discharge conditions. The EIS also reviewed the results of the pilot soil investigation. The company’s emergency plan was evaluated, inspection results of electric installations were reviewed and the collection of fire extinguishing water was discussed. As a result of this inspection, the EIS gave the company some written exhortations to conform some shortcomings found. Late 2003 the company proved to be in full compliance.

Control of ethylene oxide emissions A company sterilises various products from the pharmaceutical and medical industries with wrapping containing ethylene oxide. Ethylene oxide is a highly flammable, toxic and carcinogenic gas. Autoclaves are used for the sterilisation, the released gas is destroyed in an afterburning installation. The material is placed in an aeration chamber after sterilisation. According to the operating conditions, the operator must conduct monthly measurements of emissions into the air. Because checks revealed that these measurements were conducted by the company itself, the EIS issued an exhortation to the operator to have the emission measurements carried out by an approved expert. The results of the expert’s measurement campaigns showed that the measurements conducted by the company were incorrect. After all, the proper measurement openings in the chimney were lacking, the emission of the aeration room was not measured and the obligatory measurement frequency was not complied with. Because the emission limit values were also exceeded, the EIS drew up a priority official report and exhorted the company to do whatever was necessary to meet the emission conditions. Through a better setting of the afterburning installation and a better control by means of monthly chimney measurements, the company was able to stay below the ethylene dioxide emission standard. However, the chimney of the aeration room still exceeded the standard, so that a priority official report was again drawn up. The investment in an emission control system on the aeration room exhaust and the costs for modifications to the chimney of the afterburning installation would be high. This contributed to the company’s decision to discontinue all activities in December 2003.

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2003 Environmental Enforcement Report of the Environment

By fine-tuning the afterburner, the industry could remain within the emission standards for ethylene oxide

Light nuisance and pollution Images from space clearly show that Flanders is one of the most brightly lit areas in the world. Our modern society can no longer do without artificial light. Unfortunately the use of artificial light in many cases has evolved into excess. A major part of this light ends up where it is not needed or desired. In addition, a great deal of energy is wasted. Light nuisance is the nuisance man and the environment experience from artificial light in the open air. Artificial light can blind the eyes, it can disturb numerous evening and nighttime activities or it can cause a general feeling of displeasure. This nuisance can also occur as a form of neighbours’ nuisance, for instance due to light penetrating through windows. A written examination of the surrounding area carried out by Aminal showed that 5% of the population in Flanders experiences light nuisance. Next to noise and odour pollution, light nuisance is the most common form of nuisance. Light pollution is the increased clarity of the nighttime environment due to lighting that emits too much light and/or wrong light. Especially astronomers complain about the excessive use of artificial light. Animals and plants also experience negative effects. The possible risks to animals are: decrease of populations due to the barrier effect, collisions due to light attraction,

disorientation or maladjusted behaviour, disturbance of the breeding and foraging behaviour of birds, disturbance of the procreation cycle, premature awakening from hibernation and overdue migration. In case of plants, germination, blossoming and falling of the leaves may be disturbed. The excessive use of light also has a cost price: air pollution is closely related with useless energy costs and additional environmental taxes. This issue thus also has its effect on the energy policy in Flanders. The EIS sees the control of air nuisance, by establishments causing nuisance, as an important challenge for the future. This issue recently received a lot of attention. Experience with light inspections teaches us that, in spite of the limited stipulations in Vlarem II and in spite of the lack of clear lighting standards, light nuisance is relatively easy to sanitise.

The EIS hereby adopts the following principles: - in case of activity: the use and intensity of light sources in the open air are limited to operating and safety needs. Lighting is conceived in such a manner that non-functional light transfer to the environment is limited to the maximum extent; - in case of non-activity: no light. In addition, flood lighting must be exclusively aimed at the establishment or parts of it and advertising lighting must not exceed the normal intensity of public lighting. During a first confrontation with infringements of the lighting regulations contained in Vlarem II, companies often invoke the following apologetic arguments: - ignorance: many companies are not aware of the existing regulations. - safety: without there being any form of activity and without the presence of persons on the premises, the term ‘safety’ is often used in the sense of security, for instance to deter burglars. The term ‘safety’ in the regulations in this context, however, refers to the protection of people’s integrity and not to burglary protection (quote from the reply of the then Flemish Minister of the Environment to parliamentary questions). Anti-theft lighting thus is not a part of safety necessities. It is amazing that some companies, either through their insurance broker, or through the regular police services, are ‘recommended’ or even ‘obliged’ to make abundant use of artificial light to protect their properties against theft, in contravention of the applicable regulations. - public road lighting: a number of operators postulates the limited contribution of company lighting compared to the abundant public road ighting.

As soon as the EIS points out the legislation and the related energy savings, the necessary sanitation measures are taken rather quickly most of the times. The EIS mainly conducts its light inspections at class 1 establishments, primarily on its own initiative or on the basis of complaints. Attention is mostly paid to companies along major arteries, industrial estates, company car parks and major distribution centres. Considering the moment on which pollution occurs, the EIS conducts the inspections within the scope of its assignments outside normal working hours. For instance, in 2003 the EIS inspected several companies along the A12 road between Londerzeel and Willebroek, along the N16 between Willebroek and Sint-Niklaas, in industrial estates in East and West Flanders and at a number of golf courses. These checks resulted in many significant light sanitations. To control light pollution it is also important to emphasise the role of environmental inspectors as allocated by local authorities. After all, they have first-line supervision of class 2 and 3 companies and non-categorised establishments. Some cities and municipalities take this role to heart, while others less so or not at all. In the years to come the EIS may do a co-ordinated inspection campaign together with the environmental inspectors from local authorities with regard to light nuisance and light pollution throughout Flanders.

From an investigation into the living environment it appears that 5% of all Flemings are bothered by light

‘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 time and effort than the actual on-site inspection. To act upon observations the EIS disposes of enforcement instruments. 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 sanitation 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 1. Inspections Most inspections which are carried out take place during normal working hours. However, some inspections are carried out in the evening, at 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 detemine the precise level of pollution or infringement. The set-up and results of the inspections are extensively reported on in the previous parts of this report. Another of the tasks assigned to the EIS is to ensure a 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, his hierarchical authorities and the legal authorities such as the Public Prosecutors or the examining magistrates and the government’s Co-ordination and Crisis Centre (CGCCR). During periods of winter smog the Chief Inspectorate monitors the air quality (NOx and SO2) 24 hours a day and initiates the necessary actions, with the support of the provincial local services. The inspector has the necessary logistical resources to

respond immediately and go to the scene of the incident. To this end, he has 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 2003.

Number of inspections conducted During office hours 7,647 In the evening (from 5 pm to midnight) 2,211 At night (from midnight to 8 am) 1,111 At weekends (Saturday, Sunday and public holidays) 636

Totaal

11.605

Number of companies inspected

4.612

The figure below shows the number of inspections conducted over the past five years. It is striking that the number of inspections in 2000 was significantly lower than in other years. An explanation is the temporarily decreased workforce in 2000. This low point can also

Actions under criminal and administrative law

149

Summary of the inspections conducted in 2003

Evolution of the inspections conducted in 1999-2003

14000

12000

number

10000

8000

6000

4000

2000

During office hours | 66% In the evening | 19% At night | 10% At the weekend | 5%

be found in the ‘evolution of the FTE number with the EIS’ graph (see chapter 2 of this report). The inspections outside working hours are virtually constant. The inspections during working hours strongly vary. These depend, among other things, on the specific campaigns planned, the routine samples to be taken, the sanitations to be followed up on and the number of reactive inspections (e.g. complaints, incidents, advice, high supervision). The number of companies inspected follows the trend of the number of inspections. From 2001 onwards the graph shows a rising trend. In 2002 it is significantly higher because of the ‘Petrol station inspection’. Prior to the thorough inspection with a limited selection, a large number of stations were screened quickly for this action, by means of many short inspections. The number of inspections confirms that the percentage of Flemish companies where an inspection has been carried out, is low. The EIS estimates that there are several ten thousand category 1 companies. In contrast, about 11,600 inspections are carried at some 4,600 companies annually. About a quarter of these are companies in which no inspections have been carried out before. In the other companies, the inspections were mainly carried out within the framework of the follow-up of corrective actions following the discovery of non-conformities in previous years. After all, the sanitation of an infringement which is uncovered can take some considerable time and it has to be monitored throughout this period.

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2003 Environmental Enforcement Report of the Environment

0 1999

2000

2001

2002

2003

During office hours In the evening At night At the weekend Inspected companies

A single company inspection may comprise one, several or all environmental disciplines: wastewater, air, sound, waste, safety,…. In other words, a single company inspection does not mean that all environmental disciplines of a company are checked. If exclusively integrated (multidisciplinary) inspected were to be conducted, the EIS could annually inspect only a little over 1,000 companies with the current resources. Inspections at a company fall within the scope of targeted inspection campaigns involving one, several or all disciplines, depending on the objectives of the inspection campaigns, follow-up inspections of ongoing sanitation, routine inspections, routine sampling and measurements and reactive inspections. The statistical datum that a company has an average chance of being inspected approximately once every ten years, however, does not exclude that one company may be inspected more than once every 10 years. Aspects such as environmental impact, complaints, new permits, preventive inspection campaigns, sampling, follow-up inspections and sanitation play an important role. For instance, it cannot be ruled out at all that a company is inspected several times a year, in case of odour complaints or a new permit, for wastewater sampling or measurement of the air emissions and for the follow-up of ongoing sanitation. By conducting several inspections at a number of companies annually, the group of non-inspected companies

increases. It is thus perfectly conceivable that a company is not subject to an inspection within a 10-year period, for instance because of an environmental impact estimated lower or the absence of complaints, sampling and follow-up inspections. Witness the numerous category 1 companies that the EIS has still not checked in its 12-year existence. Just as shocking is the fact that the assertion above cannot even be supported by concrete, reliable figures. To the great dissatisfaction of the EIS, in 2003 the Flemish government still has no usable environmental databank from which the correct number of companies could be known.

2. 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 the establishment. The sum of the last three rows is therefore greater than the figure in the first row.

Initial official reports Total 751 Prioritised reports 388 (52%) Non-prioritised reports 363 (48%) No (full) licence 270 Non-compliance with the conditions 596 Other legislation (Waste Decree, Soil Sanitation Decree, Fertiliser Decree, …) 81

The graph below makes a comparison between the various infringements that resulted in an official report for the past five years. This graph shows that percentage wise the number of official reports filed for the non-possession of an environmental licence decreases in comparison with the number of official reports for non-compliance with the licence conditions. This proves that the companies increasingly comply with the licence obligation, but do not necesssarily comply with all environmental conditions.

Evolution of the official reports filed in 1999-2003 100% 80% 60% 40% 20% 0% 1999

Since the approval of the ‘Policy on Prosecution concerning Environmental Law in the Flemish Region’ (approved by the Policy on Prosection Commission on on May 30, 2000 and further called the Priority Paper) and the resulting adaptation of the ‘Code of good practice for the official report’ (December 11, 2000 and in force since January 1, 2001), the EIS can mention the priority of an infringement in an official report according to the criteria mentioned in the Priority Paper. The Priority Paper also mentions that when the administration compiles an official report for offences given priority in the paper, for the information of the Public Prosecutor’s office, it expressly mentions the priority nature and also indicates why the required investigation and any criminal proceedings are deemed to be a priority. The description of an infringement of criminal law as a priority has the consequence that the case will be processed in the most effective manner, both regarding proceedings under criminal law and regarding administrative (mandatory) measures.

2000

2001

2002

2003

other legislation non-compliance with the conditions no (full) licence

In subsequent official reports, additional information on an initial official report is sent to the Public Prosecutor. This can be done on one’s own initiative or upon a request by Public Prosecutor’s office. Information is provided on the administrative prosecution of the official report by the EIS. This can range from a declaration of the legal manager of the company to re-establishing of the same facts. When the company falls into line with the legislation following an exhortation by the EIS, this is of course also reported. Subsequent official reports Total

1.264

The Public Prosecutors’ offices receive much information from the EIS: besides the nearly 2,000 official reports there is also other contact. The results from this information flow are described in the last part of this section.

Actions under criminal and administrative law

151

Example of an operation without a permit, where the stipulations were also not met, and where violations were also taking place on other legislation (Waste decree).

3. 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.

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.

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 sanitation of them.

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.

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. The assessment can lead to the application of administrative 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 authorities. 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 Fertiliser Decree, a procedure can be started to impose an administrative penalty.

152

Recommendations and exhortations Without official report Sanitised Upon an official report Sanitised

959 1.033 668 753

3.1. Recommendations and exhortations

In many cases an exhortation suffices in ensuring the actual conducting of the necessary rehabilitation. Because of the increased attention to the follow-up of ongoing constituent exhortations from previous years in 2003, the number of sanitations in 2003 exceeded the number of recommendations and exhortations. It must be noted that a sanitation only counts after all constituent exhortations have achieved the desired result.

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 legisltion is approaching or because the environmental inspector thinks that a failure of installations could originate. In this case no official

The graph below lists the sanitations for the past five years, in addition to the recommendations and exhortations. In both cases, a distinction is made between those with and those without an official report. The number of exhortations following an official report and the corresponding sanitations remain virtually constant over time and follow each other well.

2003 Environmental Enforcement Report of the Environment

2000

1500

1000

500

0 1999

2001

2000

2003

2002

exhortations after official report recommendations and exhortations without official report sanitised after official report sanitised without official report

Evolution of the recommendations, exhortations and sanitations 1999-2003

On the other hand, the recommendations and exhortations without an official report and the corresponding sanitations fluctuate more. After a major regression in 2001 the recommendations and exhortations show an increase. The sanitations also increase and have been higher in recent years compared to the exhortations given, because of an catchin-up operation compared to previous years. Recommendations and exhortations with regard to oil storage The local police reported problems at a sheltered workplace to the EIS, where small appliances were injection moulded and assembled. Upon inspecting the industrial site, the EIS did indeed discover a rather serious case of oil pollution. The oil came from a 1,000-litre recipient, the faucet of which had been opened apparently by a staff member, but not closed again. About 500 litres of hydraulic oil had spilled onto the underlying concrete floor and the soil around it. The company itself immediately took a number of measures, such as the spreading of wood chips on the oil and removal of the substance in order to have it processed by a specialised company. In addition, the competent authorities were spontaneously notified and a laboratory was contacted to determine and define the soil pollution.

in a courtyard of the company. These were not installed in the necessary calamity basin, which could have largely avoided the oil pollution. The EIS drew up an official report and issued exhortations. The company declared itself fully prepared to remedy the storage, both legally (applying for a licence to store hydraulic oil) and with regard to environmental engineering (construction of a calamity basin for oil storage). After several months the EIS thus could report to the Public Prosecutorâ€™s office that the company had fully regularised itself by placing all oil-like liquids within a calamity basin under a roof, and that the company had obtained an additional licence for this storage. Exhortation as start of proceedings under administrative law Within the framework of a previous action a case was finalised in 2003 with the definitive removal of an appliance containing PCBs. The company in question produces frying oil and lard from pure pig, beef and chicken fat. The action was conducted throughout the entire Flemish Region and was aimed at the removal of PCBs and appliances containing PCBs in accordance with the stipulations of Vlarem and the PCB removal plan.

The EIS orally gave the advice to have the polluted soil cleansed in a soil sanitation centre, which they did. Further investigation revealed that the company did not have a licence to store hydraulic oil. Also, closer inspection showed that three other similar recipients, filled with oil, were located

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Storage of hydraulic oil in the inside courtyard of the industry.

The PCB-transformer were closed down after the closing-down warrant from EIS.

The appliance was noted in March 2002 during an inspection at the company. In contravention of the rules, this appliance was not reported to OVAM. This should have been done before January 1, 1999. Any non-reported appliances containing PCBs should have been decommissioned before November 17, 2000. Their cleaning or removal should have ensued within the following six months.

This tougher approach met with succes. The company did not lodge an appeal, promptly decommissioned the appliance and provided the EIS with proof of the legal removal. The EIS then notified the Public Prosecutor of the eventual outcome. The matter was dismissed because the situation had been regularised.

3.2. Request for action by the mayor The EIS informed the Public Prosecutorâ€™s office of the facts and exhorted the company to present proof within six months of the legal removal of the transformer. By the end of this period the operator reported that the works aimed at the decommissioning could only be undertaken midNovember. A copy of the signed order form served as proof of this. However, late November the operator reported that the costs for the renewal of the high-voltage cabin had become too high and that the company could not bear this investment. A move to Wallonia, according to the operator, was considered. The EIS did not comply with a request to postpone the removal of the transformer containing PCBs. Early January 2003 the appliance was found to be still in operation during a new on-site inspection. The operator again promised a quick decommissioning and removal. From experience the environmental inspector sensed that the situation was escalating. Promises were not kept and the EIS ordered the use of the transformer stopped on site. As the rules of proper management dictate, the appeal possibility was pointed out to the operator.

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In addition to the environmental inspectors of the EIS, mayors have also been given an important role in the enforcement of the environmental health legislation. For instance, they play a key part in enforcing mandatory measures, also for a category 1 establishment: when a category 1 company is operating without a (full) licence, the EIS can propose the mayor to order the activities stopped, put a seal on the machines or close the establishment. The EIS regularly sends recommendations and proposals for the application of mandatory measures to mayors.

Request for action by the mayor Request to the mayor Action taken by the mayor or sanitised by the operator

80 56

The mayor replied that he would not proceed with the closing down of the activities of the waste processor for the time beeing.

It will hardly be surprising that the number of times the mayor took action is signicantly less than the number of action requests. For instance, in a number of cases the operator himself immediately took the necessary actions and/or stopped the operation. Other operators obtained a licence. However, in a number of cases the mayor manifestly refused to take action.

Illegal filling of a clay pit

The mayor does not take action with a waste processor

An inspection showed that one of the pits was still being filled with inert waste, without the operator having the required environmental licence. The EIS drew up an official report and requested the mayor to immediately have the illegal activities stopped and to order the removal of any waste left behind. The mayor gave the order to stop all unlicensed activities and to immediately remove the waste in accordance with the legal regulations. Since then the operator has since stopped dumping. The illegaly stored waste at the front of the site had still not been removed when this article was published.

The EIS drew up a priority official report for a company that stores and mechanically treats inert waste (sifting of soil). As the company could not present an environmental licence for these activities, the EIS informed the mayor. The EIS requested him to impose a mandatory measure on the company in accordance with article 65Â§1 of Vlarem I. However, the mayor replied that for the moment he would not have the activities stopped. He wanted to wait for the reaction from Public Prosecutorâ€™s office and also held the opinion that the legislation about the use of waste as soil was rather unclear and open to interpretation. As it was clear that the mayor did not want to take administrative action in this case, the EIS decided to stop the companyâ€™s unlicensed activities itself. The operator has complied with this discontinuation order and ceased its his illegal activities.

In the vicinity of an old brickyard some neighbours were concerned about a suspicious number of leukemia cases. The mayor asked the EIS to start an investigation into the presence of any harmful substances in and around two clay pits.

The EIS initially continued its investigation, sampling the waste recently brought in. Talks with the neighbours revealed that doubts mainly existed about what had been dumped in the clay pits in the past. At an information meeting they were given the opportunity to give indications about the locations where they thought any other than inert waste had been dumped in the past. Based on this information, the EIS had an approved lab make about four drillings in the clay pit the following days, each time up to the clay layer. Samples were taken every half a meter. Based on visual and organoleptic observations, ten samples were initially withheld for analysis.

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EIS had depth drilling done on the landfill.

A sample was taken every halve metre.

On the one hand, the analysis results showed that the waste brought in recently was not ‘non-polluted construction site soil’, as the operator had informed the EIS before. On the other hand, in one drilling PAHs were found at a depth of approximately 12 metres in concentrations that exceeded the soil sanitation standard tenfold. Because the operator clearly had dumped not only inert waste, the EIS again drew up an official report. In addition, two private groundwater extractions in the vicinity of the clay pits were sampled. It turned out that the groundwater was not contaminated.

cessing of this case. The descriptive soil investigation is currently ongoing.

In the meantime an approved soil expert conducted a pilot soil investigation by order of the operator. This investigation revealed some minor PAH exceedance in a few samples, but the concentrations found by the EIS were not detected at all. The EISs findings cannot prove whether or not a connection exists between the presence of PAHs and the leukemia cases in the neighbourhood. That is why the Health Inspectorate was asked to conduct further investigations. Within the scope of a possibly necessary soil sanitation the EIS’ analysis results were sent to OVAM for further action, who opined that no urgent sanitation measures were required, pending the further pro-

3.3. EIS mandatory measures When the EIS proposes to a mayor that he should order the discontinuation of an activity, put a seal on appliances or close the installation and when the mayor failts to or does so ineffectively, the EIS itself can take those measures. 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, the EIS can impose mandatory measures. The enclosed tables descrived the further follow-up of ongoing sanctions of 2002 on the one hand and the new sanctions of 2003 on the other hand.

EIS MANDATORY MEASURES (FOLLOW-UP OF 2002)

156

Company activity

Mandatory measure description

Situation end 2003

Preparation of food additives

Transformer containing PCBs to be taken out of use and legally disposed of

Transformer removed

Chipboard manufacturer

Transformers containing PCBs to be taken out of use and legally disposed of

Transformers removed

Intermediate storage of vegetable waste

Discontinuation of the activities

Sanitised

Petrol station

Discontinuation of the activities

Activities discontinued

Aluminium anodisation

Transformers containing PCBs to be taken out of use and legally disposed of

Transformers removed

Petrol station

Discontinuation of the activities

Activities discontinued

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EIS MANDATORY MEASURES (NEW IN 2003) Company activity Crushing and sifting of rubble

Mandatory measure description Discontinuation of the crushing and sifting installation

Situation end 2003 Installation discontinued

Petrol station

Discontinuation of the activities

Petrol station sealed

Car wash

Discontinuation of wastewater discharge

Discharge discontinued

Petrol station

Discontinuation of the activities

Activities discontinued

Petrol station

Discontinuation of the activities

Activities discontinued

Farm

Compliance with the number of pigs permitted

Appeal against the mandatory measure before the minister

Petrol station

Discontinuation of the activities

Implementation period of the mandatory measure not yet expired

Petrol station

Discontinuation of the activities

Implementation period of the mandatory measure not yet expired

Petrol station

Discontinuation of the activities

Appeal against the mandatory measure before the minister

Petrol station

Discontinuation of the activities

Implementation period of the mandatory measure not yet expired

Petrol station

Discontinuation of the activities

Activities discontinued

Petrol station

Discontinuation of the activities

Sanitation in progress

Petrol station

Discontinuation of the activities

Petrol station sealed

Petrol station

Discontinuation of the activities

Activities discontinued

Petrol station

Discontinuation of the activities

Activities discontinued

Petrol station

Discontinuation of the activities

Sanitised

Petrol station

Discontinuation of the activities

Implementation period of the mandatory measure not yet expired

Petrol station

Discontinuation of the activities

Implementation period of the mandatory measure not yet expired

Petrol station

Discontinuation of the activities

Sanitation begun

Petrol station

Discontinuation of the activities

Implementation period of the mandatory measure not yet expired

Production of wood fibreboards Discontinuation of the activities of the OSB department

Implementation period of the sanction extended by the minister on appeal and linked to several conditions

Petrol station

Discontinuation of the activities

Sanitised

Petrol station Petrol station

Discontinuation of the activities Discontinuation of the activities

Sanitation almostPetrol station Sanitation in progress

Cement plant

Discontinuation of the activities

Implementation period of the mandatory measure postponed by the court in summary proceedings until June 1, 2004

Petrol station

Discontinuation of the activities

Sanitation nearing completion

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EIS MANDATORY MEASURES (NEW IN 2003)

158

Company activity

Mandatory measure description

Situation end 2003

Petrol station

Discontinuation of the activities

Petrol station sealed

Petrol station

Discontinuation of the activities

Implementation period of the mandatory measure not yet expired

Petrol station

Discontinuation of the activities

Implementation period of the mandatory measure not yet expired

Petrol station

Discontinuation of the activities

Implementation period of the mandatory measure not yet expired

Petrol station

Discontinuation of the activities

Petrol station sanitised

Petrol station

Discontinuation of the activities

Activities discontinued

Petrol station

Discontinuation of the activities

Implementation period of the mandatory measure not yet expired

Petrol station

Discontinuation of the activities

Activities discontinued

Petrol station

Discontinuation of the activities

Activities discontinued

Petrol station

Discontinuation of the activities

Petrol station sealed

Petrol station

Discontinuation of the activities

Activities discontinued

Petrol station

Discontinuation of the activities

Activities discontinued

Petrol station

Discontinuation of the activities

Activities discontinued

Petrol station

Discontinuation of the activities

Sanitation ongoing

Petrol station

Discontinuation of the activities

Appeal against the mandatory measure before the minister

Production of food fats

Transformer containing PCBs to be taoken out of use and legally disposed of

Transformer removed

Heliport

Discontinuation of the activities

Appeal against the mandatory measure before the minister

Container company

Discontinuation of the activities

Discontinuation order by the mayor after suspension of the licence

Petrol station

Discontinuation of the activities

Activities discontinued

Farm

Discontinuation of the use of the store pigs stables

Implementation period of the mandatory measure not yet expired

Swimming pool

Closure of the swimming pool

Sanction lifted by the minister on appeal (January 5, 2004)

Chipboard manufacturer

Discontinuation of the wood burning installation

Sanitised: old boiler was replaced with new boiler

2003 Environmental Enforcement Report of the Environment

EIS enforced coercive measures on the chip wood industry.

After appeal, the industry received postponement, under fixed stipulations, of the closing-down of activities.

Mandatory measure imposed on a chipboard company

Since August 2001 the EIS is regularly confronted with complaints about odour pollution casued by a production unit for wood chipboards and OSB sheets. Various sniffing tours by the EIS on and around the industrial area involved and in the adjacent residential areas allowed the EIS to identify with certainty the company as the source of the odour pollution reported.

2002, to change the production unit for MDF sheets into a production unit for OSB sheets. However, this change was not accepted as a notice of change by the Provincial Council. An environmental licence had to be applied for in accordance with the stipulations of article 6 of Vlarem I. Based on the production capacity, the activities also need to be subject to an EIA.

The company was originally licensed to manufacture wood chipboards and, following an expansion in 1999, also for a new production unit for Medium Density Fibreboard (MDF) wood fibreboards. A closer inspection at the industrial sites revealed that the company had not been expanded with a new production unit for MDF sheets, but with a production unit for OSB sheets (Oriented Strand Boards) for which no licence had been issued. The first complaints occurred with the start-up (trial run) of this nonlicensed OSB department.

Considering the continued complaints about odour pollution and the operation of the OSB department without an environmental licence, the EIS decided to initiate the procedure for a discontinuation of the unlicensed OSB department. The EIS asked the mayor to take action within the scope of the powers granted to him by Vlarem I. By means of a motivated letter, the mayor left any action against the company to the EIS, who then proceeded to impose a mandatory measure: the discontinuation of the activities of the OSB department as of June 28, 2003.

The EIS drew up various official reports, e.g. for odour pollution and non-possession of the required environmental licence. The operator was exhorted to remedy his non-compliance with the environmental health legislation. The companyâ€™s management, however, obstinately continued denying that they caused the odour pollution and claimed the company did have a licence for the OSB department. Because of the follow-up and the insistence of the EIS to obtain the required environmental licence, the operator finally applied for a change of the licence in

The conditions that needed to be complied with to lift this sanction were: obtaining a valid environmental licence for the OSB department and taking the necessary measures to prevent odour pollution. The operator lodged an appeal with the minister within the prescribed period. On July 2, 2003 the EIS found that the mandatory measure was not complied with and drew up an official report. To end this illegal condition, the EIS decided to put a seal on the OSB department on July 31, 2003. On July 28, 2003, however, the minister made a decision in the procedure initiated by the company against the mandatory measure. The appeal was declared admissible

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and partially founded: the period for a discontinuation of the OSB department was moved from July 31, 2003 to August 31, 2004 and a number of conditions were linked to this postponement. Eventually the company applied for an environmental licence on December 5, 2003 and provided the EIS with a comprehensive action and sanitation plan, drawn up by an approved EIA expert for the air discipline. This sanitation plan was assessed by the EIS and the remarks were provided to the operator. The first major sanitation (OSB dryer emissions) is scheduled for early September 2004. The complete sanitation plan is further followed up by MI.

Putting a seal on a petrol station With regard to the operation of a petrol station, a number of specific environmental regulations need to be complied with since January 1, 1999. For instance, the tanker area, the fuel tank mouth area and the motor vehicle supply area must be impermeable, and the subterranean tanks must be double walled and equipped with a leak detection system and an overflow protection. Existing filling stations, which made a timely report to the EIS and to the Environmental Licence department, obtained a conditional postponement until January 1, 2002 or January 1, 2005 for the realisation of these regulations. Within the scope of an organised action by the EIS, a number of existing filling stations were inspected in the course of 2002 and 2003 that did not make use of this postponement. Thus the EIS inspected a petrol station at the end of 2002 that had been in operation since 1964. The licence is valid until September 1, 2011, but no postponement was applied for with regard to the Vlarem II regulations. During its inspection the EIS found that the petrol station was fully licensed, but that it was operated by another operator. In addition, the regulations mentioned were not complied with and the tanks were not subject to the EIS sealed the filling nozzles of the underground tanks

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prescribed periodical investigations. Not a single document turned out to be available at the place of business, nor was the environmental co-ordinator appointed as provided by law. The EIS thus drew up an official report and exhorted the operator to conform the petrol station within six months to the Vlarem II regulations. During the summer of 2003 the EIS discovered that the petrol station was still in operation without any changes. The EIS again drew up an official report and imposed a mandatory measure: the discontinuation of the fuel storage and distribution activities by November 3, 2003 at the latest. The operator was obliged to empty the storage tanks by that date and to clean them with a view to their sealing. An inspection on the expiry date showed that the petrol station still remained in operation without any changes. A seal was then put on the fuel tank mouths of the subterranean tanks to prevent refilling of the tanks, but allowing emptying for regular fuel sales. A while later the petrol station was sanitised nevertheless based on a new environmental licence. It is now in operation again. Discontinuation of a petrol station At the end of 2002 the EIS, also within the scope of the co-ordinated action, drew up an official report for another petrol station because it did not conform to the construction and equipment requirements. The operator was exhorted to apply for an environmental licence for the changes scheduled, to conform the petrol station to Vlarem II within six months and to have a general inspection of the existing subterranean tanks carried out within three months. However, the operator did not act upon this exhortation. Mid-2003, after the period of the exhortation had expired, the modifications to the station had not yet begun. Nor had an environmental licence been applied for with regard to the changes planned and the general inspection requested had not been carried out.

The operator complied with the enforcements of EIS and closed the operation of the petrol station down.

Because the operator refused to act upon the exhortations, the EIS imposed a mandatory measure: the discontinuation of the station was ordered within three months after the mandatory measure had been imposed. As preparatory measures, the underground tanks had to be emptied and decommissioned before that date. The mandatory measure could only be lifted, provided that the station was fully conformed to the Vlarem II stipulations within the period with regard to construction and equipment. Precisely three months after the discontinuation decision the EIS was able to verify on site that the operator had complied with the mandatory measure imposed. The operation of the petrol station had been discontinued and the underground tanks had been emptied and decommissioned. One week later the pumps had also been removed.

Sanction with regard to an outdoor swimming pool For several years the EIS had been receiving complaints from neighbours of a municipal outdoor swimming pool about noise nuisance caused by swimming children in and around the swimming pool. In 1999 the EIS ordered an approved noise expert to carry out a noise study. The study showed that the guide value was exceeded with 6 dB(A). The EIS reported and exhorted the city council to present and implement a sanitation plan. This exhortation was not complied with. In 2001 the neighbours made their grievances known to the Flemish Minister of the Environment. Mid-2001 the EIS conducted a limited acoustic study and found that the guide value was exceeded with 8 dB(A). The EIS drew up an official report for non-compliance of the guide value and non-application of the best available technology to prevent noise pollution. The EIS hereby exhorted the city council to take any measures to prevent nuisance to the neighbours and to have a full acoustic investigation carried out.

sanitation plan. This study confirmed the previous observations and a number of proposals were formulated to meet the conditions. Further to this, several meetings took place and the city council and the EIS were in frequent correspondence with each other. The operator proved unwilling to sanitise the establishment. In the meantime the Public Prosecutor dismissed all of the EIS’ official reports in this matter. Due to the rainy summer of 2002, the EIS had not taken any new actions. In the spring of 2003 the complainants again made their grievances known. The EIS took new noise measurements in July 2003 and again drew up an official report. In September 2003 the EIS made its decision known to the mayor and the Environment alderman to stop the operation of the outdoor swimming pool from December 11, 2003 onwards, until the best available technology was applied to limit noise pollution for the neighbours, thus meeting the operating conditions. The city lodged an appeal with the Flemish Minister of the Environment. In January 2004 the Flemish Minister of the Environment decided to cancel the EIS’ decision based on the following considerations: that, based on the analysis of legislation and of the lawgivers intentions when drawing up Vlarem, it must be concluded that the noise of playing children is not covered by the stipulations, particularly the noise standards, of Vlarem II; that the infringements on which the EIS’ mandatory measure was based were unjust; that the conditions of article 32 of the Environmental Licence Decree and article 66 of Vlarem I were thus not met and a discontinuation order should not have been issued; that there was no non-compliance of the licence conditions, nor any imminent or serious danger to man and the environment. This ministerial decision also stated that, considering ‘the lack of clarity’ in the Vlarem stipulations, a ‘finetuning’ of these stipulations will be in order by means of an amendment to Vlarem. Early April 2004 the announced Vlarem amendment had still not been made.

The Mayor and Aldermen ordered a noise expert to conduct a full acoustic investigation and to draw up a

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The interim storage area for green waste, caused extensive odour pollution.

Mandatory measure ends odour pollution An intermediate storage depot for vegetable waste caused a great deal of odour pollution. Following a complaint from the city, the EIS regularly conducted inspections. During these inspections the EIS discovered that the vegetable waste was not removed to a licenced establishment within 5 days after its arrival, although this was a condition of the environmental licence. The EIS drew up a first official report and exhorted the operator to remove any vegetable waste that involved a risk of odour pollution within 5 days. Any other vegetable waste present had to be disposed of within one month. Initially the exhortations were complied with, but the operator reverted to his old habits. To follow up on the case, new inspections were carried out in the course of the following months. The EIS found that the exhortation was not complied with. The waste was still scattered over the site, a part was even rotting, resulting in complaints. The EIS exhorted the operator again to strictly comply with the licence conditions. A new complaint from the city referred to the non-possession of a building permit for the use and relief change of the site. The local police reported this infringement. Considering the connection between environmental and building licences, the EIS also drew up an official report for the illegal operation of a category 1 storage and transhipment site subject to a licence. After all, Vlarem I stipulates that the environmental licence is suspended as long as the building permit is not issued. The operatorâ€™s written promise to apply for the required town planning permit was not kept. Therefore the mayor was asked to use his powers to close the establishment. In reply the mayor asked the EIS, which was better qualified technically in his opinion, to end the illegal condition itself â€“ which it did.

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The sanitation of the site was regularly checked the following period. During a visit the EIS discovered that new vegetable waste had been brought in and that no sanitation had been carried out. The EIS eventually decided that the discontinuation order had been ignored, which again resulted in an official report. The company then made every effort to clear the site. The person in charge stated that the site had been sanitised. After various inspections and a sampling after this assertion, the EIS eventually was able to decide that the activities had been discontinued and that the site had been entirely cleared. The case was closed. An order to cease the works, issued by the Building Inspection colleagues, was one of the reasons for the eventual sanitation.

3.4. Administrative sanctions If the operator does not comply with the provisions of the Environmental Licence Decree and its implementing orders or with the licence conditions, the competent authority can entirely or partly suspend or withdraw the licence. This can be carried out at the proposal of an environmental inspector from the EIS. He can also propose that changes be made to the licence conditions. In this case too a table is presented with the state of affairs regarding the further follow-up of pending proposals for 2002 and a table with the new proposals for 2003.

PROPOSALS TO SUSPEND OR WITHDRAW THE LICENCE (FOLLOW-UP OF 2002) Company activity Swimming pool Aluminium anodisation Fuel storage Petrol station Building and demolition waste Vegetable processor Furniture factory

Description of the proposal Proposal to the Provincial Council to suspend the environmental licence Proposal to the minister to withdraw the licence Proposal to the Provincial Council to suspend the environmental licence Proposal to the Provincial Council to withdraw the environmental licence Proposal to the Provincial Council to withdraw the environmental licence Proposal to the Mayor and Aldermen to suspend the discharge licence Proposal to the Provincial Council to suspend the environmental licence for the woodburning installation.

Situation end 2003 Sanitised No decision yet No decision yet Licence withdrawn, operation stopped No decision yet New licence issued by the Mayor and Aldermen Partial suspension from January 1, 2004 onwards

PROPOSALS TO SUSPEND OR WITHDRAW THE LICENCE (NEW IN 2003) Company activity Crushing and sifting of rubble

Scrapping and demolition

Scrapyard

Brickyard

Storage of tyres

Abattoir Cement plant Shooting range Tank cleaning

Textile company Surface treatment of metals

Description of the proposal Proposal to the Provincial Council to suspend the environmental licence partly (crushing and sifting installation) Proposal to the Provincial Council to suspend the licence partly (storage and sorting of 25,000 tonnes of building and demolition waste) Proposal to the Provincial Council to withdraw the environmental licence partly (storage of car wrecks) Proposal to the Provincial Council to suspend the environmental licence entirely Proposal to the Mayor and Aldermen to suspend the environmental licence partly (part: supply of tyres) Proposal to the minister to suspend the environmental licence Proposal to the Provincial Council to suspend the environmental licence Proposal to the Provincial Council to withdraw the environmental licence Proposal to the Provincial Council to suspend the environmental licence partly (part: internal cleaning) Proposal to the Provincial Council to suspend the environmental licence Proposal to the Provincial Council to suspend the environmental licence partly (large staining plant)

Situation end 2003 No decision yet

Licence suspended, company bankrupt, sanitation requested from OVAM No decision yet

Provincial Council awaits decision on exception application Licence suspended in February 2004 No decision yet No decision yet Decision not to withdraw the environmental licence No decision yet

No decision yet No decision yet

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PROPOSALS TO SUSPEND OR WITHDRAW THE LICENCE (NEW IN 2003) Company activity

Description of the proposal

Situation end 2003

Composting company

Proposal to the minister to suspend the environmental licence Proposal to the Provincial Council to withdraw the environmental licence Proposal to the Provincial Council to suspend the environmental licence Proposal to the Provincial Council to withdraw the environmental licence Proposal to the Provincial Council to withdraw the environmental licence Proposal to the Mayor and Aldermen to suspend the environmental licence Proposal to the Provincial Council to suspend the environmental licence Proposal to the Provincial Council to withdraw the environmental licence Proposal to the Provincial Council to withdraw the environmental licence Proposal to the Provincial Council to suspend the environmental licence

Licence partly suspended

Petrol station Gas storage Gas storage Petrol station Building and demolition waste Vegetable processing Petrol station Building and demolition waste Building and demolition waste

Meat processing Plastic processing Production of radiators Waste processor Vegetable processor

164

Proposal to the Provincial Council to suspend the environmental licence Proposal to the Provincial Council to suspend the environmental licence Proposal to the Provincial Council to suspend the environmental licence partly (oven) Proposal to the Mayor and Aldermen to suspend the environmental licence Proposal to the Provincial Council to suspend the environmental licence partly (discharge)

2003 Environmental Enforcement Report of the Environment

No decision yet No decision yet Declared without object Activities discontinued Licence suspended Sanitised No decision yet Activities stopped Suspension confirmed on appeal, mayor issued discontinuation order No decision yet No decision yet No decision yet No decision yet No decision yet

Because of the pollution of the crush- and sieve installation, EIS requested the partial suspension of the environmental permit.

On EIS suggestion, the permit of the wood waste incineration installation was suspended.

Proposal to suspend the licence of a crushing and sifting installation

Proposal to suspend the licence of a wood waste incineration plant

From the moment a crushing and sifting installation came into operation, in January 2002, the EIS received complaints from nearby companies and residents about dust, noise and vibration nuisance. The EIS repeatedly detected the nuisance on site and repeatedly exhorted the company to limit this pollution

The wood waste incineration plant of a furniture company was licensed to incinerate 1,200 tonnes of wood waste per year, provided that the specific standards listed in the environmental licence for the emission of pollutants were complied with.

In spite of the various measures taken by the company to reduce the nuisance, complaints kept coming in. Each time the measures that were taken proved to be insufficient to meet the standards or to reduce the nuisance to an acceptable level. The EIS therefore exhorted the company to stop using the crushing and sifting installation in case of unfavourable weather conditions. However, the company repeatedly ignored this measure, resulting in a great deal of dust pollution in the area. The EIS decided that the company had a structural lack of attention for the environment and that it did not take all the necessary measures to stop polluting the area. The EIS and the mayor thus submitted a proposal to the Provincial Council in October 2003 to suspend the environmental licence partly. This proposal implied that the suspension would last until the pollution in the vicinity of the company had dropped to acceptable levels. Early 2004 the Provincial Council decided to postpone its decision about a possible suspension with three months. This gave the operator the opportunity to take additional measures in the meantime to reduce the nuisance.

Within the scope of a general measurement campaign for flue gas emissions of waste incinerators and industrial process installations the EIS checked the compliance of emission limit values of the installation involved. Checks of the measurement results against the applicable standards revealed that the emission limit values for dust and CO were significantly exceeded. This exceedance was confirmed by later measurements, carried out by order of the company. The EIS reported the company involved for not complying with the emission limit values imposed and exhorted the company to conduct an investigation into the operation of the wood waste incinerator and subsequently take any process-integrated and end-of-pipe measures to reduce the emission of contaminants via flue gases to below the emission limit values. This exhortation did not achieve the desired result. The EIS then exhorted the company to present an obligation and a binding schedule for approval in the short term with regard to the implementation of the required modifications. As the operator did not comply with this exhortation either, the EIS submitted a proposal to the licensing authorities to suspend the environmental licence partly, particularly as regards the part involving the wood waste incinerator.

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Because of the sound pollution of the clay pigeon shooting range, EIS requested the withdrawal of the environmental permit.

After many years, the industry eventually built a water purification plant.

The operatorâ€™s position on the modification of the installation or the discontinuation of the activities was heard at a meeting of the competent ad hoc commission. Late 2003 the Provincial Council issued an order, suspending the licence for the incinerator from January 1, 2004 onwards, as the company had no intention of sanitising the installation.

shooting range then limited shooting hours to 7 pm to avoid noise pollution in the evening.

Proposal to withdraw the licence of a shooting range Late February 2002 the EIS received a complaint about noise pollution from a licensed shooting range (trench shooting, down-the-line shooting for .22 carbines and horizontal shooting for .22 carbines and pistols). The establishment is located in an agricultural area bordering on a residential area. The complainant lives about 750 metres from the shooting range. Various other houses are located within this radius. The nearest house is 85 metres from the shooting range. Further to the complaint, the EIS conducted a limited acoustic investigation in August 2002. The EIS recorded a significant exceedance of the guide value for the specific sound: 17 dB(A) in the daytime and 22 dB(A) in the evening. The EIS drew up an official report and exhorted the operator to have a full acoustic investigation carried out by an approved noise expert. This investigation was conducted both during the use of the outdoor clay shooting range and during indoor shooting. The measurements were made at 2 points: at the nearest house, or 85 metres from the clay shooting gallery (measuring point 1) and at approximately 165 metres from the eastern parcel border of the shooting range, in the direction of the complainant (measuring point 2). Like the EIS, the design office recorded a significant exceedance of the daytime and evening guide values. The

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The sanitation plan of the noise expert reads: â€˜In spite of the application of all possible sanitation measurements, taking into account the BAT, the specific noise caused by clay shooting still results in a high exceedance of the guide value.â€™ Based on the acoustic investigations and the decision of the sanitation plan, the EIS decided to submit a proposal to the Provincial Council to withdraw the environmental licence. However, this request was not granted because clay shooting is one of the so-called problem sports according to the Provincial Council, for which a working group has been established, as for motor sports, to find an overall solution for the industry. A letter from the Flemish Sports Minister to the Provincial Council reads that the Environment office is requested, among other things, to investigate the noise standards for clay shooting ranges and amend them if necessary, thus making the standards realistic and feasible for sportsmen. Pending this, it is asked that any decision to close a shooting range because of noise pollution is postponed until after the Vlarem II amendment.

From proposal to withdrawal of an environmental licence to build a water treatment plant The company in question is a wine wholesaler with the bottling of wine as core activity. Liquors are also bottled regularly. The company produces a large amount of wastewater. This wastewater was initially discharged without processing, into the sewers that drained into the surface water. The sewers were connected to a sewage water treatment plant afterwards, resulting in problems due to overload. The EIS

regularly found sediment in the discharged wastewater. The discharge flow was sometimes more than 10 times the flow allowed, making the colour and odour of wine very recognisable in the wastewater! Because of the flow rate was frequently exceeded and because of the operatorâ€™s refusal to take measures to disconnect the rainwater, the EIS, after several official reports, submitted a proposal to the Provincial Council in 1997 to suspend the discharge licence. As the licensing authorities had still not accepted the EISâ€™ proposal after three months and as the company neither co-operated in finding a quick solution for the major problems, the EIS eventually decided to go one step further and request the suspension from the competent minister. When no reply was received, not even after a year, the EIS itself decided to take charge and ordered that a detailed and time-limited discontinuation proposal be drawn up within three months for the non-licensed discharge of wastewater and to take any necessary measures to clean the company installations that directly or indirectly related to the illegally discharged wastewater. The purpose was to eliminate any form of pollution.

As expected, the operator lodged an appeal to this order. Early 1999 the EIS discovered that the mandatory measure was ignored. The appeal, however, did not suspend the measure taken. The umpteenth official report was presented to the Public Prosecutor. The very same year the management appeared in court and was convicted. Of course they lodged an appeal. We were not aware of any verdict at the end of 2003. The conviction had probably incited the company to start working on a water treatment plant. After a new investigation of the issue the construction was begun. The wastewater flows within the company were separated. Mid-2002 the water treatment plant was put into operation. The story could have ended here, but it turned out to be a new beginning. For the construction and the operation of the water treatment plant neither a building nor an environmental licence had been applied for. The water treatment plant was thus operated illegally. At the end of 2003 an application file was compiled, but new measurements showed that the phosphorus standard was not met.

PROPOSALS TO CHANGE OR SUPPLEMENT THE LICENCE CONDITIONS (FOLLOW-UP OF 2003) Company activity

Description of the proposal

Situation at the end of 2003

Airport

Proposal to the minister for supplementary licence conditions regarding noise levels

No reaction received yet

Chicken farm

Proposal to the Provincial Council to modify the licence conditions for manure storage

Proposal rejected (general Vlarem conditions sufficient)

Mill

Proposal to the Mayor and Aldermen to modify the licence conditions regarding the imposition of a new acoustic investigation

Dossier followed up further by the city (category 2 company)

Airport

Proposal to the minister to modify the licence conditions concerning the central test turning place

No reaction received yet

PROPOSALS TO CHANGE OR SUPPLEMENT THE LICENCE CONDITIONS (NEW IN 2003) Company activity Miscellaneous

Description of the proposal Request to the Provincial Council to impose a noise investigation on seven companies at an industrial estate to determine the impact on the residential area

Situation at the end of 2003 Licence conditions complemented with noise studies

Actions under criminal and administrative law

167

Supplementing licence conditions following noise complaints For several years now the EIS is regularly confronted with noise complaints about an industrial area. It concerns both complaints against individual companies and against the industrial estate in its entirety. The complaints mainly come from residents in the adjacent residential areas and are lodged with the environmental departments of the cities involved or with the EIS. According to the regional planning, this industrial area is located in an industrial estate. A large part of the adjacent residential areas is located in a residential estate less than 500 metres from an industrial estate, other residential areas are located in a residential estate. By order of the EIS some three noise studies were carried out in the past years, resulting in the conclusion that a significant noise (over)load existed in the residential areas adjacent to the industrial estate. A large number of dominant noise sources are present at the industrial estate that may be, not individually, but overall, the cause of noise pollution. With the existing noise sources the industrial area regularly exceeds the Vlarem II guide values for ambient noise in the adjacent areas. Further to the above-mentioned noise studies the EIS sent an exhortation to four companies in May 2001 to take noise-reducing measures for a number of installations or parts of installations. The companies reacted reluctantly to the exhortations given: reference to the situation that was changed compared to the condition during the EISâ€™ measurements, implementation of a few limited measures, implementation of own noise studies, reference to other sources at the industrial estate, road traffic, â€Ś. In addition, a number of environmental licences were issued fairly recently, after the noise studies carried out by the EIS, to new companies and for important expansions of existing companies. The increasing noise complaints at the end of 2002 and 2003 from an adjacent district, among other things, showed that the noise production even increased. The EISâ€™ final conclusion was that the noise load on the residential areas around the industrial estate was too high and had to be reduced. According to the EIS, the noise problems caused by the industrial estate can only be solved with an overall approach of the licensing authorities with, in a first phase, a noise study by the most noisy companies to determine the individual immission share of all relevant noise sources for the surrounding area, linked to a sanitation proposal. The EIS extensively discussed the issue with the Provincial Council, the Environmental Licences department and the municipal council involved.

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The permit stipulations of seven industries in an industrial zone where updated to clean up sound-pollution

In April 2003 the EIS thus requested the Environmental Licences department to initiate the procedure for the amendment of the operating conditions for seven companies, in application of article 45 of Vlarem I. On November 27, 2003 the Provincial Council issued a decision for each of the seven companies with additional conditions. The companies needed to have a noise study drawn up by an approved expert, with measurements of the relevant noise sources and immission calculations of the noise pressure level for the surrounding area, and, as a conclusion, noise sources that may have to be sanitised depending on the BAT. The decision also established the procedure for the submission and implementation of the study. The EIS was appointed as co-ordinating department. The EIS will further co-ordinate this matter and assess the noise studies and sanitation plans carried out in the second half of 2004. It is the intention that in a second phase, through additional decisions of the Provincial Council, the companies effectively sanitise the relevant noise sources.

3.5. Fertiliser Decree administrative fines According to article 37 of the Decree of January 23, 1991 concerning the Protection of the Environment against Pollution by Fertilisers, in the case of an infringement of article 16 (spreading of manure other

In certain violations regarding the transport of manure, administrative fines can be imposed.

Administrative fines Number of fines Number of sessions Total amount of the fines (euro)

10 5 6,350

4. Criminal prosecution Although the EIS has been asking the Public Prosecutorsâ€™ offices for years for an accurate feedback of decisions about the official reports, the EIS still receives insufficient information about the response to official reports. One of the reasons is that a decision about an official report is sometimes made several years after the discovery of the infringement. The EIS thus continues to press for effective criminal prosecution and prompt transfer of information from the Public Prosecutorsâ€™ offices. The table below gives an overview of the information received by the EIS. For the second time separate information is mentioned about the high-priority official reports. These high-priority official reports have only been drawn up since the start of 2001. It is still too soon to draw conclusions from the limited information whether or not high-priority breaches now receive more effective criminal treatment. Only when a sufficient number of high-priority official reports have been drawn up and some time has been allowed for the

criminal treatment of these reports, will it be possible to paint an accurate picture. The table below makes a comparison between the number of initial official reports and the decisions received by the EIS over a period of five years. The graph shows that the number of official reports has remained virtually constant in the past five years. Since the introduction in 2001 of the distinction between priority and non-priority official reports, the number of priority official reports is increasing, compared to the number of non-priority official reports. According to the graph, the number of decisions for the past years is virtually constant and follows the trend of the official reports with a delay of one to two years. In the past five years there has been no noticeable evolution in the number of dismissals, amicable settlements, discharges and convictions. Based on the present information, it is not possible to make a comparison between the number of initial official reports and the number of decisions as one judgement may concern several official reports. Evolution of the official reports and their criminal follow-up 1999-2003 800

600

aantal

than on cultivated land, discharge into sewers, surface water or on public roads) and article 17 (arrangement for the spreading of manure on cultivated land) administrative fines of up to 2,500 euro can be imposed. The extent of the fine is determined by the department heads of the EIS and of the Manure Bank of VLM.

400

200

0 1999

2000

2001

2002

2003

conviction

dismissed

discharge

priority official reports

settlement

non-priority official reports

Actions under criminal and administrative law

169

Decisions by the Public Prosecutors’ offices in 2003 (all official reports) Office Antwerp Bruges Brussels Dendermonde Ghent Hasselt Yper Kortrijk Leuven Mechelen Oudenaarde Tongeren Turnhout Veurne

Total

Dismissed 11 17 35 15 8 37 2 22 16 0 13 35 5 9

Amicable settlement 5 0 0 26 43 0 0 1 2 0 9 4 0 0

Discharge 2 0 0 0 0 0 1 0 0 0 0 0 2 0

Conviction 0 0 0 0 1 1 1 0 0 0 2 1 0 0

225

Decisions by the Public Prosecutors’ offices in 2003 (prioritised reports) Office Antwerp Bruges Brussels Dendermonde Ghent Hasselt Yper Kortrijk Leuven Mechelen Oudenaarde Tongeren Turnhout Veurne

Total

Dismissed 1 5 7 0 1 8 1 7 6 0 0 2 0 4

Amicable settlement 2 0 0 1 3 0 0 0 2 0 1 1 0 0

Discharge 0 0 0 0 0 0 1 0 0 0 0 0 0 0

Conviction 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Summary of the decisions by the Public Prosecutors’ offices

Settlement | 28%

Discharge | 2%

Conviction | 2%

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b. Prioritised reports

a. All official reports

Dismissed | 68%

Dismissed | 79%

Settlement | 19%

Discharge | 2%

Conviction | 0%

Judge decides to close a company

Conviction after numerous official reports

The environmental licence of a category 2 company was refused no less than five times by the Provincial Council, after a verdict on appeal. Each time the Mayor and Aldermen issued a licence in the first instance. In this case only one neighbour filed a complaint, initiating appeal proceedings. Initially, it concerned a company involved in the following activities: agricultural contract work, demolition and groundwork, transport, scattering of salt and upkeep of shoulders.

In August 1998 it was discovered at a wood processing company that the actual situation at the company no longer corresponded with the licensed situation. As a result, the EIS drew up an official report (Official Report 1) and the company was exhorted to apply for an environmental licence with the Provincial Council.

Two years ago the non-agricultural activities were transferred to another location. This has reduced the environmental pollution, but it is still not acceptable to the neighbour. Especially in the spring and fall during periods of high agricultural activity, the operation causes serious noise and dust pollution.

To finish its products, this company has two major spraying units. At the time of the obligatory environmental licence application, solvent-based paints and varnishes were exclusively used and a water curtain was the only emission-reducing measure. This resulted in pollution in the area due to solvent odours. The updated environmental licence of August 1999 ordered the implementation of emission measurements within three months as a special condition.

On October 14, 2001 a noise sanitation plan was imposed. This plan included the construction of a screen against the noise of transport movements and the relocation of a high-pressure washing installation and a repair workshop to the rear of the premises. All the fuel storage and distribution activities now take place there. The sanitation plan has not been implemented as yet, as it depends on the issuance of a town planning permit for the construction of a new access road and the screen. This town planning permit was not issued because the company is located in an agricultural area with a valuable landscape and because the premises have been paved illegally.

More than two months after expiry of this period (February 2000) the EIS again discovered that the emission measurements imposed had still not been implemented. A new official report (Official Report 2) was drawn up and an exhortation was given to present the results of the emission measurements within three weeks. This eventually occurred in April 2000. For both spraying machines the organic solvents emissions proved to be significantly higher than permitted. Again, the EIS drew up an official report (Official Report 3) and exhorted the company to develop a concrete sanitation plan. The operator responded with a vague planning that did not result in any concrete actions either.

After each refusal of an environmental licence and considering the continuing environmental pollution in the area, the EIS drew up an official report. The mayor was also sent a letter in order to take any measures against the illegal operation. Because the mayor did not take action, the EIS ordered the operation discontinued, orally and on site.

In the meantime, complaints from neighbours about odour pollution kept coming in. The EIS therefore decided to have emission measurements carried out at its own expense by an approved laboratory, with regard to the 2 major spraying machines. These measurements in October 2000 showed high emissions of total organic carbon (TOC) with both machines. A new official report (Official Report 4) ensued and the operator was exhorted to take measures in the very short term.

On October 23, 2003 the Mayor and Aldermen issued an environmental licence for the sixth time. This superseded the EISâ€™ mandatory measure. However, a new appeal was lodged by the neighbour. It is very likely that this merry-go-round will not stop as long as there is no consensus about the town planning elements and the environmental aspect. In the meantime, the court has bundled all official reports and a verdict was pronounced on June 12, 2003: the judge ordered the company closed for a period of two years. This measure is suspended due to pending appeal proceedings.

In response, the company ordered an active carbon (AC) filter installation and a completely new spraying machine, suited for solvent-based and water-based paints and varnishes. These installations were installed in the course of April and May 2001, after which the EIS had new emission measurements carried out at its own expense. The old spraying machine (only solvent-based products) again greatly exceeded the TOC emission limit value, in spite of the presence of an AC filter. For the new spraying machine, the EIS found that hydrocarbon emissions had dropped significantly, but the TOC parameter was still slightly exceeded. The EIS again drew up an official report (Official Report 5), this time with high

Actions under criminal and administrative law

171

The wood manufacturing industry eventually satisfied the emission standards by the placement of filter installations with active charcoal, the judge took this into account in his sentence

priority due to the persistent problems. The operator was exhorted to take additional measures and to have control measurements taken. Following this, the company installed a second AC filter installation in September 2001 and a higher refilling frequency was agreed on with the AC supplier. In addition, for the new machine, products were sought with an even lower solvent content. The control measurement late September 2001 no longer showed an exceedance of the standards.

However, the verdict also took into account the defendantsâ€™ clean sheet and the fact that major investments had been made after all, which proved to be efficient. Based on this, in his verdict of April 2003 the judge expressed his hope that the defendants had recognised the importance of strict compliance with the environmental legislation and would not commit new similar infringements in the future. Both defendants (natural person and legal person) were eventually sentenced to pay a small fine. Conviction of a contract worker

Based on the many official reports from the EIS, the Public Prosecutor decided to prosecute the company and the case was heard in April 2003 by the criminal court. The defendants were the manager, as a natural person, and the company, as a legal person. They faced charges of non-compliance with a special condition from the environmental licence (implementation of emission measurements within the set timeframe, see official report 2) on the one hand, and non-compliance of the emission limit values (see official reports 3, 4 and 5). As an aggravating element, the judgeâ€™s assessment, in addition to the seriousness of the offences, also took into account that more than one and a half years had passed between the first observations that a number of emission limit values were significantly exceeded and the date on which the problems were solved. According to him, this did not indicate a speedy and prompt solution of the problems. The judge questioned the defendantsâ€™ alleged constructive attitude, even taking into account the technical difficulties and (significant) economic implications.

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Following a complaint from the local authorities, the EIS conducation an inspection late 1999 at the premises of a contract worker. The company had an environmental licence, issued by the Provincial Council. Its compliance with the environmental licence conditions was verified. As it turned out, the distribution installation, the underground petroleum tanks and the storage of petroleum and waste oil drums did not meet the sectoral and special conditions. The underground singlewalled tanks had never been subjected to a general investigation. No overflow protection and leak detection were present. The loading and unloading areas of the distribution installation, that should have been fitted with an underground film and paving, had an unpaved surface. Nor was it connected to an oil separator. The washing area for industrial vehicles drained into a field behind the premises.

The EIS drew up an official report and sent exhortations, however, without any reaction from the operator. Early 2001 a new inspection was conducted at the contract workerâ€™s premises. Nothing had changed. Again an official report was drawn up and exhortations were sent. The operator was warned that his environmental licence could be suspended. Again, he did not react to the exhortation. In October 2001 the EIS conducted a following inspection and discovered on site that the washing area had been paved, but that the companyâ€™s wastewater still drained into the field. Accidentally, it was observed during the inspection that some petroleum had been spilled on the unpaved surface of the tank area. The EIS reported its observations in a subsequent official report. As the operator did not comply with the exhortations, a proposal was submitted to the Provincial Council to suspend the licence partly. The adjustment of the installation to the sectoral conditions was begun only in October 2002, with regard to the distribution installations and the petroleum storage. These measures were fully implemented early 2003. The EIS then cancelled its request to the Provincial Council regarding the partial suspension of the environmental licence. The sanitation ended simultaneously with the handling of the case by the Criminal Court. The person in charge at the company was ordered to pay a 500 euro fine. The motivation of the judgeâ€™s decision mentioned the fact that the operator had done it for profit, as well as distortion of competition by postponing investments. The operator already had a criminal past, showing that he is not very particular about compliance with legislation in his professional activities.

5. 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 distribution installation of the wage worker did not satisfy the stipulations at all. The operator was sentenced because of the postponement of the necessary investments

Requests to make public must be submitted in writing to the administrative authority that which possesses the documents. Government documents dealing with environmental information are subject to these rules. In the course of the working year 2003 the EIS received twelve written requests to make public government documents relating to environmental cases. Eleven of these requests were granted. Nine petitioners effectively inspected the file. Also, within the scope of legislation on government contracts, the principal is obliged to make certain information public. In 2003 the EIS received eight requests for obtaining the detailed assignment decision in the award of government contracts. All requests were granted by the EIS.

Thus the Decree of May 18, 1999 concerning Openness of Government states that every administrative authority is required to make the government documents (with certain exceptions, such as an official report for an offence) available to anyone who submits a request, by allowing inspection of the documents, providing explanations, furnishing a transcript or lending a copy.

Actions under criminal and administrative law

173

EIS cooperates with various organisations to achieve optimal sustainability of environmental legislation. This networking must be seen within the framework of the integral approach to the enforcement policy, and must generate a synergetic effect on the levels of efficiency and practicality. EIS often receives requests to cooperate in the most diverse consultation structures. EIS can only participate in these consultations if some secondary conditions are met. Therefore, the independence of the supervision and the enforcement must be guaranteed. Apart from this, the expertise of EIS can only be used if it makes a real contribution to the betterment of the environment and the legislation in general, and the enforcement in particular. A description of all consultation structures would be superfluous. Just a few specific consultation bodies will be described. An overview of the extended network of EIS representatives in the different bodies, is attached as an appendix.

CO-OPERATION AND CONSULTATION 1. Cooperation with other Vlarem environmental inspectors 1.1. Local Community Vlarem environmental inspectors The Flemish legislature appointed the local communities for Class 2 and 3 institutions, as first line supervisors. Each local authority must appoint agents from the local police force and/or technical officials, who must firstly obtain a competency certificate. The competency certificate is awarded after the special Vlarem training has been completed, and the competency examination has been passed. Many errors occur when appointing Vlarem environmental inspectors. Although the inspection obligation for Class 2 and 3 institutions has been allocated to the local authorities for more than ten years, many local authorities have not appointed Vlarem environmental inspectors as yet. According to information supplied by Aminabel (General Environment and Nature Policy Section), there were no Vlarem environmental inspectors appointed in one out of four (24%) of Flemish local councils. A slight improvement was experienced in the previous years (29% in 2001, and 27% in 2002). The division of the 75 local authorities, without Vlarem environmental inspectors in the provinces, is represented on the following pages. It seems that a great difference exists between the different provinces: in Limburg, a Vlarem environmental inspector has been appointed nearly

everywhere, many ‘voids’ exist in Antwerp and Flemish Brabant (and to a lesser degree in West Flanders). Moreover, not even the appointment of a Vlarem environmental inspector is a guarantee of effective local enforcement, in practice. These inspectors are also burdened with advising on licensing requests and various other responsibilities. The performance of these inspectors depends on their personal workload, and the local political support system regarding environmental enforcement. The local enforcement is also dependent on the size of the city or district, and the staff size of the municipality. Nevertheless, it is of the utmost importance that the inspection of class 2 and 3 institutions be performed effectively by the Vlarem environmental inspectors, appointed by the local authorities. Because of this, EIS has regular contact with these inspectors. The understanding between the local inspectors and EIS has always been good. If requested, EIS provides the necessary support in the finalisation of problematic files. The powers of local authorities are often discussed in these exchanges between EIS, the local inspectors and mayors. These exchanges must ensure that EIS spend less time on ‘advanced supervision’ of the class 2 and 3 insti-

Co-Operation and consultation

175

Distribution of local communities with and without Vlarem environmental inspectors (year-end 2003)

100%

75%

50%

25%

0% Antwerp

Limburg

East Flanders

municipalities without

West Flanders

municipalities with

List of local communities without Vlarem environmental inspectors (year-end 2003) Antwerp Limburg East Flanders Flemish Brabant Arendonk Bree Assenede Affligem

West Flanders Alveringem

Beerse

Heers

Herzele

Beersel

Ardooie

Boechout

Herstappe

Horebeke

Bekkevoort

Bredene

Brasschaat

Voeren

Knesselare

Bertem

Deerlijk

Lede

Bever

Dentergem

Grobbendonk

176

Flemish Brabant

Herenthout

Melle

Boortmeerbeek

Heuvelland

Hoogstraten

Merelbeke

Diest

Houthulst

Hove

Oosterzele

Drogenbos

Jabbeke

Kontich

Sint-Laureins

Herne

Koekelare

Lint

Zomergem

Hoeilaart

Langemark-Poelkapelle

Meerhout

Zwalm

Kapelle-op-den-Bos

Lo-Reninge

Merksplas

Kortenberg

Mesen

Niel

Kraainem

Meulebeke

Nijlen

Lennik

Pittem

Oud-Turnhout

Linkebeek

Ruiselede

Ravels

Oud-Heverlee

Spiere-Helkijn

Retie

Pepingen

Zonnebeke

Sint-Amands

Rotselaar

Zuienkerke

Vorselaar

Scherpenheuvel-Zichem

Vosselaar

Tremelo

Wijnegem

Wezembeek-Oppem

2003 Environmental Enforcement Report of the Environment

EIS puts its enforcements expertise in laundries and drycleaners to the disposal of municipal environmental officers.

At the explanation of the project, the working of the dry-cleaning machine came to bid.

tutions, and can focus its full attention on class 1 institutions.

mental problems caused by these businesses, are mostly air and ground pollution, caused by hazardous solvents containing chlorine (PER: perchloro-ethylene). Another important element of this choice, was that EIS itself inspected class 1 laundries and dry -leaners and thus picked up experience in this sector.

EIS systematically sends complaints regarding class 2 and 3 institutions and non-classified institutions to the local authorities. EIS performs its advanced supervision in the administrative following up on the completion of these complaints. Frequent contact between EIS and local inspectors are necessary for the smooth running of affairs. You can read more on this at the end of the discussion of the complaints process. Apart from the Vlarem environmental inspectors, the mayors acquired an important role regarding the enforcement of the environmental legislation. They have a key role to fulfil in imposing coercive measures, also on class 1 institution. EIS regularly updates the mayors with suggestions and recommendations on the imposition of coercive measures. The impression exists that mayors pay more attention to the recommendations of EIS than previously, even though it is not yet the general rule.

Project Dry Cleaning: EIS takes the enforcement experience to the local authorities.

Until now, the responsibility of â€˜advanced supervisionâ€™ by EIS on class 2 and 3 businesses, has been limited to the support of local inspection authorities dealing with complaints. In 2003, EIS organised the first control action, coordinated with cities and local communities and with this, gave a completely new approach on its mission regarding the extension of its enforcement experience to local authorities. This inspection campaign took place in the dry-cleaning industry. The controls were performed by environmental inspectors of the cities and local authorities. EIS coordinated, and provided support to this action. The dry-cleaning industry was chosen because of its environmental impact, the controllable size of the sector, the distribution over the Flemish territory and the location of the businesses, often in residential areas, where they can be potential pollutants. The environ-

In 2003, EIS invited all Flemish cities and local communities, a total of 308, to participate in the pilot project. 199 councils reacted to this invitation. There were 46 councils in this group who mentioned that they do not have a Vlarem environmental inspector. Of the remaining 153 interested councils, 73 did not have any dry cleaners in their area. This left 80 councils who would participate in the campaign, inspecting approximately 300 of the estimated 450 Flemish dry cleaning concerns of classes 2 and 3. EIS also announced this inspection campaign to the professional association. This happened at a meeting with the Association in July 2003. In support to these inspections, EIS compiled a checklist in consultation with a few pilot cities and local councils (Antwerp, Gerik, Ostend and Zwijndrecht), for the inspection of the dry-cleaning industry. This checklist was tested by EIS and the pilot councils in approximately 20 test inspections, and was thus optimalised. EIS organised an information session for the Vlarem environmental inspectors and the participating local authorities. Besides a presentation on the project, the checklist and the EIS enforcement method, the manner in which dry cleaning machines operate, and the impact on the environment, were discussed. All inspections took place at the same time, over the entire Flemish territory, from October to December 2003. EIS collected the results of the inspections at the end of the inspection campaign. EIS will evaluate these results in 2004. At the first glance, it seems that 45 local authorities took part in the project, and that 120 dry cleaners were controlled regarding their adherence to the Flemish environmental legislation. Local environmental inspectors took action within the framework of their powers, where infringements on the environmental legislation were detected, and they

Co-Operation and consultation

177

NRES and EIS closed a cooperation agreement to reach optimal enforcement at the quarries and mines.

In 2003 emphasis was placed on the control of the landfill sites.

imposed the necessary measures to correct matters. The follow-up information by the local authorities on observed infringements on environmental legislation will be collected by EIS. Halfway through 2004, a report based on this information, a report-back on collected information, the imposed measures and the fitness of the inspected industry, will be compiled by EIS. A global evaluation of the pilot project will be delivered to the Flemish Environmental Minister in 2004.

progress reports, fencing in plans), admission prohibitions and the dumping of waste materials. This led to the compilation of official reports and the issue of advice and warnings.

Other inspection campaigns can be organised later in other business sectors, depending on the success of this pilot project.

1.2. Co-operation with the Natural Resources and Energy Section (ANRE) As stated in Article 58 of Vlarem, containing the Flemish regulation to the environmental licence, the ‘quarries and mines’ sector is controlled by both the Natural Resources and Energy Section (ANRE) and EIS. The EIS inspectors in these matters are charged with the supervision of the adherence to the technical licensing and environmental hygienic instructions, while the ANRE inspectors supervise the adherence to instructions regarding the dangers of earth moving and/or cave-ins. Some of these powers supplement each other perfectly, while others overlap or are just the same power wielded by both agencies at the same time. ANRE and EIS reached a cooperation agreement on 7 July 1997 in order to achieve an optimal enforcement of environmental legislation in the ‘quarries and mines’ sector. This cooperation agreement took shape in 1997, with the founding of an ad hoc quarries and mines working group, with EIS and ANRE as members. The cooperation was given body through; inter alia, the compilation of an inventory with the most important information regarding all active mining and through the regular execution and further follow-up of joint controls. In the previous years, many deficiencies in all active mining operations were ascertained through inspection, such as the lack of compulsory documentation (approved plans,

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The experiences in the field during these inspection campaigns resulted in the compilation of a model inspection report, and a thorough evaluation of the legislation. This model inspection report must make it easier for environmental inspectors to submit every quarry to an integrated examination, using a convenient checklist. The evaluation of the existing sectoral conditions in Vlarem, containing the general and sectoral conditions on environmental health, led to a proposal for improvement, with its most important objective: deregulation where possible, reducing administrative burdens for the entrepreneur and the avoiding of double or overlapping supervisory abilities. This proposal was submitted to the Flemish Environmental Minister for approval. It was clear from later follow-up checks, that most of the perceived shortcomings were quickly eliminated. The problem of land fills is still an important issue.

Supervision in 2003 In 2003, a new planned and coordinated inspection campaign was launched in the awareness of and supervision of landfill problems. The benefits resulting from the filling of quarries and mines with polluted soil are great. These problems were observed earlier, but for the lack of satisfactory and clear legislation, only sporadic checks were carried out on the landfills before 2002. According to the decision of the Flemish government, dated 31 May 2002, Header 60 ‘filling with non-polluted excavation soil’ was added to the classification list of ‘Vlarem’ containing the Flemish regulation on the environmental licence, and sectoral conditions where added to Vlarem, containing the general and sectoral conditions on environmental health. This made the complete or partial filling with non-polluted excavation soil, a licenceable obligation and new

Vlarem regulations containing the general and sectoral conditions on environmental health, had to be complied with. The most important new conditions are: stating of the name of the person qualified to request and accept filling soil, keeping of a register, the compilation of a technical report (with analysis of the excavated soil) and the compilation of a soil management report. All quarries in the provinces Antwerp and Flemish Brabant were checked in 2003. Half of the quarries in West Flanders were also checked. The following was inspected during this inspection campaign: - which quarries were being filled; - where filling was in progress, did the entrepreneur have the necessary environmental licence; - did the filling soil comply with the norms set out, through sample taking and analysis - whether Vlarem II- conditions were met.

Three (14%) out of the 21 soil samples taken, did not comply with the laid-down norms. Other shortcomings included mainly the illegal dumping of waste materials, the lack of a register, technical report or soil management report and no written communication to the supervisory authority of the name of the qualified person to supply and accept filling soil. A total of 9 official reports, 15 exhortations and 8 requests to have activities stopped, were written for the 21 quarries being filled. These figures speak for themselves. The imposed sanitation measures will be followed up further in 2004. Seeing how necessary these checks are, the remaining quarries in West Flanders and all the quarries in East Flanders and Limburg, will be checked thoroughly.

ANREâ€™s Perception The results were bundled under the enclosed table. ANRE was asked for feedback regarding their experiences with the cooperation between EIS and ANRE. Their perception follows.

Results of the quarry checks, 2003 Quarries

Checked quarries

Quarries being filled

Filling soil samples taken

Samples not complying with norms

Filling without environmental licence

Official reports

Exhortations

Requests to the mayor to stop the filling

Requests granted by the mayor (before the end of 2003)

It appears from this information that 21 (28%) of the 74 checked quarries were being filled. Of these, 8 (38%) did not have an environmental licence. In all these cases, the mayor was requested to put a stop to the non-licensed activities. Five of the eight requests were granted by the mayor, before the end of 2003.

It is not irrelevant to state at the onset that, because of the different backgrounds, cultures, missions and visions of the two departments, the point of departure and the perception both departments give to their specific mandates in the mining sector, could be very different at times. ANRE is after all a department that deals with the natural wealth according to its vision and mission: - vision: ANRE will be the prominent centre of knowledge regarding the Flemish subsurface - mission: ANRE places its knowledge at the disposal of the establishment and maintenance of high prices regarding the Flemish subsurface commodities, through governmental channels.

Flowing from this vision and mission, it appears that ANRE is not only concerned with the performance of tasks, such as advice regarding requests for environmental requests, inspection and enforcement, but also the preparation of policies aimed at a lasting stock-control system in general and a mining policy in particular. It appeared necessary to supplement existing legislation regarding spatial planning and the environment with specific legislation for surface materials, to realise several specific goals, and to tackle the remaining bottlenecks. The Surface Mining Materials Decree of 4 April 2003 is the result of this preparatory work and evaluation, and will soon be executed by an implementation decision.

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ANRE stated that the cooperation lead to a win-win situation for both departments

Because of certain tangents under existing legislation, certain policies must be evaluated and must then be refined or adapted to conform to the present or proposed legislation, such as the Waste Materials Decree, Flarebo or Vlarem, containing the general and sectoral conditions on Environmental Health (in conjunction with EIS).

because of certain shortcomings or facts that are not always shared with the other department.

EIS, on the other hand, received a very specific enforcement mandate and oversees the licensing situation and the enforcement of the present Environmental Legislation, without having to question the present legislation or whether certain scenarios would be economically attainable. The connection of its enforcement experience to its policies, is only derived from its primary task, enforcement.

In conclusion, it must be said that the cooperation between both departments led to a win-win situation for both departments. It also leads to a more transparent and goal oriented execution of tasks and of the supervisory authorities.

As stated earlier in Article 58 in Vlarem, containing the Flemish regulation to the environmental licence, supervision of quarries and mines fall in the spheres of both EIS and ANRE. ANRE considers this very fortunate, even indispensable, that, despite the differences in background and approach, the two supervisory authorities concluded a cooperation agreement, which sets out the different responsibilities clearly, so that matters can be adjusted toward the licence holders and the two authorities can coordinate their performance.

Article 1 of Vlarem containing the Flemish regulation to the Environmental Licence, states that inspectors of the Preventative and Social Healthcare Section (APSG or Healthcare in short), qualified to implement the Health policy, can be appointed by the Flemish minister to oversee class 1 and 2 institutions, and that they also have authorisation to render advice (headers indicated with G in Appendix 1 of Vlarem, containing the Flemish regulation to the Environmental Licence.

ANRE can point out that the cooperation is a welcome support structure to it regarding its supervisory tasks, because EIS, on the subject of supervision, has much more enforcement experience at its disposal and can also put this experience to the disposal of ANRE. Inversely, ANRE feels that it helped EIS to know more about quarries and mines by providing information on the inventories and joint site visits during the first years of the agreement.

In these cases, the EIS inspectors are encumbered with the supervision of the adherence to the technical licensing, and the APSG inspectors with the supervision of the instructions regarding health aspects. Some of these authorisations fit perfectly, some overlap and some are just double work.

Site cooperation between inspectors of both departments varies, depending on local authorities, where in one situation a clearly recognisable subject exists to be addressed, and in another case more than one subject, concerning the various officials. The cooperation is perfect in some Local Services and in other Local Services the cooperation is a bit more difficult,

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Regarding future cooperation: ANRE desires cooperation on a lasting mining policy, besides the enforcement, once the Surface Mining Decree has been enforced.

1.3. Co-operation with APSG

The different points of view, the knowledge and the experience present in both services, must render a valuable contribution to the whole of the enforcement action. To make this happen, a long process of negotiation took place, similar to the agreement between ANRE and EIS.

The EIS point of departure is as follows: - the intention of the legislator in the execution of the supervisory authorisation must be respected as a whole and must be applied in the endeavour to an efficient and effective cooperation, to come to an optimal enforcement of the legislation; - the mandate and the purpose of PSHS is to assume its supervision authorisation according to Vlarem containing the Flemish regulation to the Environmental Licence G headers â€“ meaning the health aspects thereof; - the sectoral requirements for Vlarem containing the Flemish regulation to the Environmental Licence G headers, must be set out as soon as possible regarding the environmental hygienic aspects on the one hand and the health aspects on the other hand. In cases where doubt exists, this must be resolved in consultation with both parties in one of the two categories; - both parties must agree to list swimming and recreation, hospitals and biotechnology first; - staffing available for this process is limited at both departments, necessitating both departments to optimally utilise staff. For the tasks regarding the execution of the supervision, the following agreements are necessary: 1. the sharing of expertise when requested; 2. the joint compilation of manageable checklists to be used by inspectors, so that certain health aspects can be tested within the agreement 3. the performance of joint inspections, limited to the circumstances where it would be necessary, sensible and practical; 4. mutual communication on sectoral level, but also on the levels of the inspectors, the local services and the entrepreneurs; - well-deliberated agreements and good cooperation are necessary for the processing of complaints regarding the respective authorisations, feedback regarding relevant facts, infringements, imposed measures and sanitation, and; - joint deliberation will be necessary at regular points of time on the level of the departmental heads;

EIS, requested by PSHS, helped with the training of 13 medical environmental experts from the local health communities. This is a cooperation relationship on health issues and organisation, that is positioned on a supra local level (in the region of 250 000 to 300 000 residents), and which is able to coordinate the total local health system.

2. Co-operation with judicial authorities There exists co-operation between EIS and various judicial authorities (the general public prosecutor and other prosecutors) within the framework of criminal processing of revealed violations.

2.1. Consultation with the General Public Prosecutorâ€™s Office EIS is represented in the prosecution policy commission. The aim of this commission is to better the communication between administration and prosecutors and to give shape to the prosecuting policy. The commission is chaired by the Secretary General of LIN. The Ministry of the Flemish Community is amply represented within the cabinets of the Flemish Ministers of Environment, Spatial Planning, Mobility and Labour and Tourism; and also the sections Building Inspection Judicial service provision, Europe and Environment, Building inspection and the roads and Traffic administration in attendance. The representatives at the College of Attorneys General are the delegates from the three qualifying General Public Prosecutors: the Prosecutor of the Occupational Court in Antwerp, the Prosecutor of the Occupational Court in Ghent and the Prosecutor of the Occupational Court in Brussels. The cabinet of the Minister of Justice is also represented. The commission met in2003, on 18 March, 17 September and 15 December. No matters regarding the environment were discussed during the meeting of 18 March.

Negotiations started again in 2003. It seems that a cooperation agreement will be possible in 2004. The cooperation that will arise, must generate a synergetic effect on the level of efficient and adequate enforcement of health aspects.

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Three points regarding the environment were placed on the agenda for the meeting of 17 September. The first was the ‘Environmental Enforcement Report for 2002, by the Environment Inspection Section’. The second point was the criticism by EIS regarding the prioritising of the official reports. The last point regarded the Mercuriales 2003. These three points on the agenda were seen as one point and were also treated as such. The following decisions were made, after an extensive explanation of the enforcement report and the Mercuriales, by the authors thereof: - the priority memorandum on Environmental Law will be lived up to; - a uniform system of measurements will be developed, - the prosecutors will provide the motivations for arraignment; to achieve this, the priority official reports for 2001 and 2002 will be sent to the Prosecutor General in Brussels, as Brussels is the central point of Appeal regarding environmental issues; - pilot projects will be launched, similar to the project regarding the transport of waste oil. Two points were put on the agenda of the meeting of 15 December, regarding the environment: firstly, a question from the manure bank because of an arrest made by the Occupational Court in Ghent on 20 December 2002, regarding a recent acquittal on a violation of the Manure Decree and secondly a question by the attorney general of Brussels towards the publication of the priority memorandum on Environmental Law. It was decided to put the document on the internet. The most important point on the agenda was the general point ‘Development of a statistical instrument regarding the consequences given by the prosecutors to the official reports of the Inspection Services’. After a detailed explanation by a representative of the Brussels General Prosecutor, regarding the present statistical information of the prosecutors and the perspectives on refinement thereof, it was decided to set up an ad hoc working group, to better the recogniseability of the matters. Two representatives of EIS will take part in the work of this ad hoc working group.

2.2. Discussion on the judicial district level Contact is made with judicial districts on the local service level. The goal of these contacts is to arrive at an efficient follow-up of the official reports, through the sharing of information and communication. This sharing differs from local service to local service. The local service can contact the prosecutor to discuss specific files.

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Four of the fourteen prosecutors have annual discussions with the local services. These discussions are about both specific files and structured cooperation. There are no systematic discussions with other prosecutors, but there is contact regarding the necessities of specific files. EIS is asked for technical advice on specific files.

2.3. Judicial Trainees Over the past years it has been possible for advocates to be appointed as magistrates, even though they have less than five years experience at the bar. They must at least have one year practical experience and must pass a comparative examination and after this, must successfully complete a judicial stage. This stage lasts eighteen months for prosecutor magistrates (substitutes for Royal Council) and three years for judges. The candidates perform the functions of prosecutor magistrates or judges under the direction of a stage master. Part of the stage is spent at a few self-selected services and institutions. Penitentiaries, police services and juridical services are normally selected, but less obvious choices like EIS are possible. Some judicial trainees decided to spend part of their stage at EIS. EIS received a total of 9 judicial trainees (three in Limburg, two in East Flanders, two in Flemish Brabant and two in West Flanders). They were firstly received at the Main Inspection, where the received general information regarding environmental hygiene legislation, and later at a local service, where they made the acquaintance with on site inspection.

The judicial trainees received an explanation during an inspection on the field.

The introduction at Head Inspection in Brussels,k consisted of an explanation on how EIS is situated within the ministry of the Flemish Community, an explanation of the instructions and authorisation of the environmental inspectors, and the vertical and horizontal structure of EIS. Next, attention was given to the codes of good practice and a discussion of the Priority Memorandum Prosecution Policy on Environmental Law, in the Flemish community. The working groups were also explained and examples from different working groups were discussed. For the introduction to supervision, they went, depending on which prosecutor they were allocated to, to one of the local services, where they performed on site inspections in association with the environmental inspectors. Many aspects came to the forefront during these inspections; like the taking of samples, sound measurements, compilation of official reports, followup of warnings and constraining measures. The checking of the licence of one company and the enforcement of general, sectoral and particular conditions also formed part of their inspection assignments. Attention was also given to the handling of complaints. The information exchange and cooperation between the judicial trainees and EIS can be invaluable to both parties. EIS hopes that this cooperation will lead to prosecutors and magistrates that are better informed on environmental legislation, so that there will be better cooperation in future and a better adapted and directed prosecution policy.

3. Co-operation within the framework of Safety of the Food-chain 3.1. Commission Animal Waste The Commission for Animal Waste was set up in accordance with a decision regarding the transport and processing of animal waste by the Flemish government in 1995, with the instruction to advise on the material dealt with in the decision. There are three Flemish and two federal inspectors on the commission, as well as many representatives of the transporting and processing industries. A coordination working group was established, consisting of Flemish and federal inspectors. Aminal is represented by EIS in both assemblies.

farmers or the firms fetching the animal waste, it was decided to draft a list of minimum demands on locations where carcasses must be deposited to await collection. The commission discussed an amendment proposal to possibly have a ministerial decision in this regard, in 2003. An important point of discussion was the implementation of the Ordinance (EC) No. 1774/2002, dated 10 October 2002, to establish health instructions regarding animal by-products not meant for human consumption. A central fact of this ordinance is the safe and definitive removal of risky animal material from the food chain, in which three categories of animal material are distinguished. A working group took a look at the indistinctiveness and division of authority and made a detailed list of the necessary modifications to existing regional legislation. This working group reported regularly to the commission. A recurring point on the agenda of the commission for animal waste, is the problem of financing of offal collection. We will not go into it, as it is not part of the context of this report. The last animal meal, removed from industry after the European prohibition, dating from the period of 15 December 2000 to 15 March 2001, was destroyed by burning in the first quarter of 2003. The European prohibition was a far-reaching intervention to contain mad cow disease.

3.2. Agreement regarding animal by-products After the dioxin crisis of 1999, and the continuing mad cow disease crisis (with a prohibition on the processing of animal waste into animal meal in 2000), it was decided by the different Belgian authorities, involved with veterinary science, sanitation and environmental hygienic testing, to set up an agreement on the supervision of animal waste streams, for every link in the meat chain. The agreement sketches the responsibilities of all concerned authorities and contains various coordinating stipulations. The agreement stipulates that federal and regional authorities must inform each other when shortcomings or infringements are encountered on regional or federal legislation. The regions must organise systematic control along the whole chain of institutions involved: from the producers of animal waste, to companies fetching the animal waste and transporters thereof, to the end processors.

In 2003, attention was given mainly to the following items.

The frequency of testing, follows an arbitrary program that keeps the extent of production of the institutions in consideration. Abattoirs must be tested at least once a year. Much attention is given â€“ under European pressure â€“ to the traceability of animal waste. The Permanent Committee for Evaluation supervises its enforcement.

Trucks fetching animal waste must often fetch carrion from inaccessible places. With the many claims for damage by

The first version of this agreement was signed on 4 October 2001. Adaptations regarding a better

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3.3. Agreement regarding the use of waste products in the food chain The discussion between regional and federal authorities, that must end in an agreement within the framework of the testing of waste products, came to nothing in 2002, because of the indistinctness over the judicial consequences for the passing on of dossier-bound managerial information of inspecting authorities, to the federal police. The agreement must visualise efficient supervision on waste streams (regional responsibility), that may never bring the safety of food (federal responsibility), into question. The Food Agency reactivated the agreement at the end of 2003. The draft agreement envisages a succession commission that will be assigned different tasks, inter alia, the coordination and testing and the optimalisation of the information streams. The already-mentioned indistinctness will be treated with the necessary attention, after the agreement has been signed. The draft agreement will be finalised in 2004.

4. Co-operation with VMM In the agreement regarding animal by-products not intended for human consumption, much attention was given to the traceability of animal waste

traceability of animal waste were discussed in 2002. After the agreement took effect, additional adaptations became necessary because of the EC Ordinance No. 1774/2002. This ordinance included not only animal waste, but went much further. The agreement was renamed the ’Agreement between the Federal Agency for Safety of the Food Chain, the Federal Civil Service for Public Health, Safety of the Food Chain and Environment and the regions, regarding animal by-products not destined for human consumption’ The new project was far advanced at the end of 2003. A definitive model was not yet possible, because of the discord on the division of authorisation for the granting of recognition to industries processing animal by-products. The disagreement essentially entails interpretation differences of the definition ‘by-products’. EIS could only perform compulsory microbiotic tests on the end products of processors of animal waste, because of a pressing shortage of staff. Coordinated inspections in this regard, were not performed in 2003.

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The Section Measuring Networks and Investigation of VMM is responsible for the measuring and following up of air quality in Flanders. This is done from measuring installations for different pollutants, spread over the whole of Flanders. One example of this is the measurement for the precipitation of dioxin. If the measurements taken are related to the emissions from polluting installations, EIS is requested to establish the sites where measurements are taken, and also to evaluate the results of the measurements. EIS also calls on VMM to analyse its own samples of environmental air, for example the treatment of problems regarding odour pollution. A formal agreement was entered into with the Ghent laboratory of VMM in 2003, within the framework of the laboratory. This determined that EIS could ask for assistance from VMM in measurement campaigns, and could ask for the analysis of samples of environmental air.

Deposits of dioxin and dioxin-related polychlorobiphenyl VMM always measures the deposits of dioxin and dioxinrelated polychloro-biphenyl (PCB-126) all over Flanders at the beginning and end of each year. The measurements run the whole year at certain (historically) sites with high deposits. EIS helped in determining the sites close to known and (potentially) important sources of dioxin. If a

VMM could, after intervention of EIS, carry out deposition measurements of PCDD, PCDF and PCBâ€™s on the industry terrain

heightened deposit of dioxin is measured, it is EISâ€™ task to find the possible source thereof. EIS can enforce an operator to measure these emissions, or have the measurements taken by a recognised laboratory, should it be a business suspected of air pollution. Attention was mainly paid to the measured strong increase of the deposits of the dioxin-related polychlorobiphenyl (PCB-126) at Menen. After intervention by EIS, VMM could perform deposit measurements of PCDD, PCDF and PCBs on the premises of a company, in order to better examine the source. VMM broadened the scope of measurements for PCB-126 during 2003, on suggestion by EIS. The results showed that there was a strong relationship between the heightened PCB-126 deposit and activities by scrap iron processing. Further investigation will indicate the source of this pollution.

Measuring of VOC and PAK at asphalt producers EIS collaborated with the VMM Ghent laboratory when the emissions from asphalt producers were tested. On instruction from EIS, VMM measured emissions near a depot in 2002, the concentrations of aromatic hydrocarbon (benzene, toluene, xylene and naphtalene) in the environmental air, in the space of a few weeks. It could be determined from the results that there was a connection between the heightened concentrations of toluene (homologues) and naphtalene, and the discernable odour. Especially naphtalene seemed to be the source of serious odour pollution.

and naphtalene, was only partially found in these measurements. At the one depot, it seemed that especially toluene was responsible for the possible odour pollution, with no connection to naphtalene. It seemed at the other depot, that naphtalene could be responsible for the pollution, but it could not be completely proven. It must also be mentioned that no excessive emission was discovered for any of the measured components, for which there is a norm in environmental air.

Immission measurements on request by EIS EIS started a new action in 2003 in the EIP 2003, in order to structure the ad hoc requests for measurement of imissions. Measurements in the area of institutions can be a very handy instrument in enforcement. A complaint regarding dust pollution, caused by random and/or discontinued emissions, is a classic example. In this case, immision measurement can be a good alternative to the classic emission measurement. This can also help to ascertain if there is danger to man or environment.

In 2002, EIS requested VMM to measure around two asphalt depots for a month, after continuous odour complaints. It was also endeavoured to keep the measurements as close as possible to an emission campaign ordered by EIS. Measurements were taken according to the same parameters of 2002. The connection between the heightened concentrations of toluene (homologues)

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VMM was asked to put dust collectors in the vicinity of a breaking and sifting installation during October 2002. This installation caused much dust in the neighbourhood. The dust collectors were placed near the installation in April 2003, according to the stipulations of Vlarem, containing the general and sectoral conditions on environmental health. Because of technical problems, the measurements could only be validated from September 2003. The values were relatively low; in one area the standard was slightly exceeded, but the values were still much lower than the upper limit. Fewer measurements were taken in the upwind collector than the downwind collector; so it could not be proven that the company contributed to the dust pollution of the area.

Based on the decision on Animal waste, a waste collector is forced to dispose of animal waste within two days. Sometimes the waste collectors inform OVAM that they refuse to collect animal waste at certain producers who are not paying their invoices. OVAM constantly informs EIS of these reports. EIS controls, through spot checks, whether occasion towards environmental pollution could be forthcoming, caused by carrion not being collected. Mostly, this is about less relevant dossiers. (e.g. A cattle farmer closed its industry but forgot to fetch its collection subscription, a small butchery where one payment went wrong and a case where the collection was not paid). EIS strictly demands that the waste collectors should live up to its responsibilities, at all times.

Measurements were also taken around brickworks and a scrap yard for a period of three months after continuous complaints. EIS asked to have the collectors placed before the summer holidays, in order to have representative results of dust precipitation over the hottest months of the year. EIS and VMM tried to place the collectors optimally. Due to circumstances, the collectors could only be placed at the end of September 2003. The collectors were changed on a monthly basis. Four collectors were placed at the brickworks. The first collector was placed in the garden of the complainant and the other three on distances of 100m, 240m and 500m northeast of the repository of the raw materials of the brickworks. A fluoride measurement station was also located at the complainant. Two collectors were placed in the garden of the complainants, complaining about the scrap yard. The results of these tests will be available in 2004

Further more, information is exchanged over amongst other illegally applied secondary ground matter, discovered soil- and groundwater pollution, illegal removal of waste matter and non-payment of levyâ€™s for the dumping or incineration of waste matter.

5. Co-operation with OVAM The supervising competence of OVAM and EIS is largely complementary, but overlaps partly. OVAM has no supervision on classified industries. EIS again, controls no typical waste stream regulations such as acceptance criteria, recognition of collectors, reports of waste streams and levyâ€™s. OVAM and EIS keep each other up to date regarding observations of violations against the regulations within each control section. For the past years, there has been perfect information swapping around PCB-holding apparatus for which OVAM owns the official inventory. Supervising officials of EIS note the characteristics of found PCB-holding apparatus on the checklist. These numbers are immediately faxed to OVAM, to make sure the apparatus was correctly named. EIS decides, based on an answer from OVAM, whether to act or not. During the project in the sector of scrapped vehicles, an amount of scrap yard industries were inspected with OVAM. Outside the project, OVAM also regularly updates EIS on violations against the sectoral conditions of Vlarem II, discovered during the industryâ€™s visits towards control of Vlarea-conditions.

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Clean-up of a warehouse for old vehicle tyres In November 2001, the EIS performed a control on a storage company for old tires, along with the municipal environmental services. It was established that the stock of old tyres was more than the amount allowed. EIS warned the industry to reduce the amount by the end of the year, to within the licensed amount. No attention was given to the warning, and in February 2002 the industry was declared bankrupt. In discussion between EIS, the municipal manager and the curator of the industry, it was decided to wait to give the curator time to find a new operator for the industry. This was not possible, and eventually it was decided to get assistance from OVAM for the official removal of the second-hand tyres.

OVAM stood in for the ex-officio removal of car tyres.

6. Co-operation with the military government The application area of the Environmental licensing decree is defined in detail. Every institution in the Flemish region obliged to obtain a licence, is integrally subject to the regulations of the decree and its decisions. The degree in which the Local environmental regulations are applicable on military actions and activities on military domain, and the supervision on this, has been the topic of discussion for many years. Military domains were nowhere explicitly excluded from the regulations in the Local environmental regulations, therefore licence obligatory institutions exploited on military domain seem to be subject to the regulations of the Environmental licensing decree and it’s enforcements decisions in principal. This means that, in principal, EIS may enforce its supervising authority on the institutions, without limitations. On the other hand there is the Decree of 8 -10 July 1791 regarding the Conservation and the Classification of Strengthened Positions and Military Posts, and the Decree of 24 December 1811 regarding the Organisation and Services of the Support of Weapon Storage. These decrees are still in power and stipulate that the ‘Minister of Defence is the only controller of the military domain and the administrative bodies are in no way empowered to control the domain, contrary to what is shown in the decree’ and ‘in all affairs exclusively related to the actual military services, such as the defence of the position, the guarding and the protection of all military institutions and the goods in hospitals, arsenals, barracks, warehouses, etc. the military authority is totally independent of the Civil power’.

The military authority’s can also call on the proportional principal when, through the enforcement of the local regulations, they would have difficulty in executing the conduct that has been bestowed, when the secret, strategic or confidential character of its services becomes affected. The military authorities will establish whether this is the case. De facto, this means that according to the abovementioned stipulation, the EIS has no supervising ability’s over the institutions regarding the military service. At the same time, the military authority should also not cause difficulties in an un-proportional way, in the enforcement of its allocated conduct. These problems are not presented when a military domain (or part of one) is hired to private companies in the form of a concession. In that cases, one is not dealing with an ‘actual military service’ and EIS has full supervisional ability, which is actually enforced. Between the two extremes of an ‘actual military service’ and a ‘concession’ there is a grey zone with un-clarity on enforcement of supervision on regional regulations. Both the Flemish, as well as the military authorities knows that this ‘minefield’ has to be cleared as quickly as possible. During the previous years, a lot of deliberation has taken place between the Flemish administration and the military authority’s, in order to come to a co-operation decision in the form of one basic protocol. The basic protocol is not limited to the environmental regulations, but comprises everything of importance in regional regulations, also spatial regulation.

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In the Westhoek (Flanders Fields) un-exploded chemical weapons are regularly unearthed during agricultural activities.

The purpose of the basic protocol is clear general appointments over the enforcement of, and the supervision of the complete regional regulations in military actions and activities on military domain. At the end of 2001, a proposal on basic protocol was forwarded for discussion of the cabinet of the Flemish minister-president. Negotiation with the military authority’s for approval is still ongoing. The basic protocol can there-after be extended with specific protocols for concrete situations. A similar specific agreement is the one regarding the dismantling- and destruction installation for munitions at the military domain at Poelkapelle.

In the co-operation agreement two meetings took place in 2003. During these meetings the military discussed an environmental dossier. Keeping the formulated remarks of EIS in mind, the dossier would get definitive form in 2004.

The First World War left our country with a large amount of chemical weapons and explosives. In the West-corner (Flanders Fields), unused chemical weapons are dug up regularly by Building- and Agricultural operations. In the past, these weapons were dumped in the sea.

The most important attention point in the dossier, is the safety aspects at the exploitation of the institution (including the safety report) and the emissions to air, water and soil. The Royal Military School is taxed with the supervision of the industry and the execution of the necessary analyses and measurements of the environmental-aspects. The military has to do further in vestigations to determine whether the institution is obliged to accept Seveso policy, and what the consequences to the exploitation of the institution would be.

Since 1996 it has been illegal in Belgium, and chemical weapons and explosives had to be disarmed and destroyed. Belgium started a disarming institution in Poelkapelle, under the watchful eye of the Ministry of Defence. The institution is famous world wide.

The ministry of Defence is aware of the environmental problems at the dismantling and destroying of explosives and plans to build a new disarming institution in place of the ‘open pit detonation’, still in use at the polygon at Poelkapelle.

Still, the exploitation raised questions over the safety and management of the institution. To answer these, the minister of Defence signed a protocol agreement on 5 September 2001 with the Flemish minister of Environmental Affairs. The agreement’s aim is the public making of the management and the exploitation of the institution.

Next to the rendering of its co-operation at the drafting of co-operation agreements, EIS also made it’s expertise available to the military authority’s. Thus, EIS is actively involved in the training of higher army officers as future environmental advisors at the Land forces, at the Engineering school at Jambes.

Co-operation agreement with the Ministry of Defence

The co-operation agreement foresees the setting up and the actualisation of an environmental dossier agreement with the Flemish regulations regarding the environmental licence. In disaster, well-defined complaints, or at the request of the Flemish minister of Environmental Affairs,

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The cooperation agreement regarding the control of heavy casualties where dangerous substances were concerned is the basis for co-operation between EIS and the department of the Supervision of Chemical Risks.

7. Co-operation with the Department of Supervision on Chemical Risks 7.1. Inspection Teams

7.2. Drafting and performance of inspection programs

It was already stated earlier in the report that the Seveso II-guideline in Belgium was converted by the â€˜Co-operation agreement of 21 June 1999 between the Federal state, the Flemish region, the Welsh region and the Brussels region, regarding the control of the danger of heavy casualties where dangerous substances were involvedâ€™ (further shortly the Cooperation accord).

Annually, an inspection program is set up by Seveso inspectors for the next year, during mutual deliberation of both inspection services. Here, the nature of the inspections and inspection services who will be involved with the inspections, are decided. Both collective inspections, as well as controls done by one inspection service, are possible. The allocation happens based on the necessity and the goal of the inspection.

In the co-operation accord, the requirements of the Guideline is translated into the Belgian situation with divided authorities for the federal state (labour protection) and the regions (protection of the area, man and environment). Per region, one inspection team had to be set up with all relevant inspection services, based on equivalence and retaining all authorities.

At the determination of the inspection program per industry, the available specifications are considered: licences, notification, safety reports, information from earlier inspections, environmental- and safety technical history, important adaptations, occurrences at the industry or in other similar industries.

In this way, there are two inspection services authorised for one specific institution: the regional environmentalinspection (EIS in Flanders) and the federal inspection service for the protection of the employees (FGS Work regulations, Labour and Social Deliberation of FGS Economy, KMO, Middle Classes and Energy). The coordination in the inspection teams and the general coordinations are assured by the division of the supervision on Chemical Risks of the FOD Employment, Labour and Social Deliberation (the early direction of the Chemical Risks.). The co-operation between the inspection services takes place on different levels.

Care is taken that the different internal business systems are covered (technical, organisational, management). Particular attention is also given to the installations with the highest risk, to the systems performing inadequately or insufficient to the responsibility sense of the industrial management. The draft program is then handed to the inspection services for approval. One important characteristic of the inspection program is its dynamic character: If the current event demands it (alterations, occurrences, new insights, etc.) the program is adapted. In case of an accident, an accident investigation is immediately done as priority, according to the conclusions of the Co-operation agreement. In the preparation and carrying out of the programmed (collective) inspections, the involved inspectors make the necessary appointments. After every inspection, an inspection report is prepared by each. They also decide

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how further follow up should take place. On principal, the inspection services will forward an enforcement letter to the industry. For EIS this can be about counselling or exhortations, on both the Co-operation agreement as well as the Environmental licensing decree. The basis on which this happens, is chosen according to the problem and the effectivity of the enforcement. The letters and reports are exchanged between both services.

7.3. Co-operation Commission Seveso-Helsinki: Working Group inspection policy Article 35 of the Cooperation Agreement prescribes a permanent deliberation structure between the various authority services involved. The deliberation found a definite form in the Cooperation-comission Seveso-Helsinki, started in the middle of1999. In the lap of the Cooperation commission, a working group is started in 2003, with different designated inspection services. The most important goal of the workgroup is a structured deliberation on the inspection system and –policy. The workgroup met twice in 2003, based on a discussion document on inspection strategy’s and –tactics. In the second version of the document, the juridicial advice on competences of the inspection service based on the Cooperation accord, is kept in mind.

7.4. Deliberation Inspection Services On 1 and 2 December 2003, the section of supervision on the Chemical Risks was host to a seminar for all designated inspection services. EIS took part with a limited delegation. The goal was information swapping on the structure and procedures of the regional environmental-inspection services, and the evaluation of the inspection system in its different aspects. The representatives of EIS gave presentations of the structure and workings of EIS, the eco-toxicity index, the position of the inspection instruments, the experiences with the collective inspections, the Mutual Joint Visit (European exchange program) in Sweden, and the juridical advice on the authorities of the inspection services. In general, the inspection system was experienced positively. Practical agreements were still made to improve the cooperation. At the seminar, the international developments, specific enforcement- and interpretation problems and some accidents were discussed

8. Policy 8.1. Technical Deliberation Environmental regulation (TOM) The realisation of the environmental policy teaches that actualisation of the complex and extensive environmental regulations were necessary, and will remain necessary. Because of the many changes and additions to the regulations, the different decrees and decisions must be thoroughly and timeously coordinated. Therefore, in the beginning of 2000 the Flemish environmental administration’s deliberation institute TOM was called to life. TOM stands for ‘Technical Deliberation Environmental regulations’. It is a permanent deliberation institution for all administrations and services involved with the enforcement and maintaining of the policy for environmental institutions and activities. TOM strives, via optimum consensus between it’s members, to reach a uniform and correct application of the environmental regulations, through technical and juridical views. Here, attention is specifically given to solutions for overlapping, gaps and contradictions in the regulations and the application and maintaining to come to coherent, result aimed regulations and implementations thereof. Compatibility with legislation in other domains and other levels, is an focus point. It is not TOM’s task to evaluate the regulations in general ways, or to discuss concrete dossiers. TOM consists of a steering committee and ad hoc established workgroups. Every member can submit problems to TOM. TOM has meetings around seven times a year, and its task is to ensure the inventorisation of problems and the proposal of solutions. These solutions can exist of the formation of a policy on conduct with uniform interpretation, or the formulation of a tactful and scientific prepared suggestion for the adaptation of the legislation. Since the start of TOM, more and more trouble points were observed, inventorised and analysed. TOM submits its recommendations to the Flemish minister of Environmental affairs. A lot of TOM recommendations have been submitted to the minister. However, many other points of concern still exist in the deliberation process. The definitive TOM-recommendations are published on the website, www.mina.be/tom.html, under the link ‘beslissingen’, along with the reaction of the Flemish minister of Environmental Affairs. Interpretation of the legislation by TOM is in force from the moment that they are accepted by the minister. Should the minister decide to modify the legislation,

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List of published TOM recommendations on 31/12/2003 Nr.

Subject

A 01

Vlarem, classification list; heading 3: waste water purification installations

A 02

Synchronised modification to the legislation

A 03

Appointment regarding the frequency of modification in the environmental legislation and regarding an un-official coordination

A 04

In questions of class 3 and on the contents of the certification

A 05

Authority to request modification of the licence requirements

A 07

Vlarem I, heading 9.5: mixed cattle breeding institutes

A 09

Vlarem II: the formulation ‘unless differently stipulated in the environmental licence’; manner and point of time

A 10

Dormant licences

A 11

The use of non-polluted rubble on the building site

A 12

Vlarem I, classification list; heading 3: non classified waste water purifications

A 14

Portable installations

A 15

Waste streams: dilution

A 17

Implicit modification Vlarem I-classification list

A 20

Surface treatment metals

based on recommendations by TOM, this must obviously happen according to the ruling authority division and decision forming procedure..

The EIS could offer an important input from the enforcement practice side.

EIS also takes part in the TOM deliberation. EIS is represented in both the steering committee, as well as the ad hoc Working Groups. It ensures that during the discussions of observed problems, maximum consideration is given to the experience gained in the field. EIS strives as far as possible towards a unification, executability and enforceability of the regulations.

8.3. Deliberation around ozone depleting substances

8.2. Collaboration with legislative initiatives Policy formulation and policy evaluation through feedback of the experience from the field, is one of the core assignments of EIS. One of the ways in which EIS attempts to fulfil its assignment, is through cooperation with legislative initiatives and to be linked to the policy cycle in this way. The legislative initiatives to which the section rendered its cooperation, is included in the table of annexure 2. The bulk of the initiatives where based on the strategic aim of the policy memorandum of the minister ‘Making legislation more effective and efficient’. More attention towards the executability and the enforceability of the legislation - in the early phases of the decision making this was also an important cornerstone.

The EIS contributed to the implementation of the Protocol of Montreal in 2003, both nationally, as well as internationally. EIS co-operated on legislative level with the federal and regional governments to prepare the Belgian viewpoints, prompted by the modification to the European Regulation 2037/2000 of 29 June 2000 regarding the Ozone layer Depleting Substances. EIS also actively supported the Permanent Representative of Belgium at the European Union, in its defence thereof at the Council of Europe. EIS also prepared the compulsory Belgian report to the European Commission on the penalty clauses in force in Belgium on infringements of the non-observance of this regulation. On this, the EIS received constructive feedback from diverse governments in the Flemish region, the Brussels region, the Walloon region, FGS FinancesCustoms, FGS Public Health and Environment, FGS Economy, and the former federal ministry of Agriculture.

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Through far-reaching globalisation, the enforcement finds itself more and more in an international context. It is therefore EIS’s task to forge international contacts, and to take active part in the establishment of international innovation and tendencies. An active input in the European network towards the implementation and enforcement of the environmental health legislation (EU IMPEL-enforcement network), is an aim of the mission of EIS. In this chapter, the various contributions to this network are described. EIS also offered its expertise regarding the enforcement of the environmental health legislation, to diverse European and world-wide organisations. This contribution is also discussed.

INTERNATIONAL CONTEXT 1. IMPEL 1.1. Position At an informal get-together of the Environmental ministers of the EU-member-states in 1991, it was agreed to take initiatives towards the establishment of a European network for the enforcement of environmental hygiene. This was in agreement with the Fifth Environmental Action program. A first get-together of delegates of the European member-states took place in 1992 in Chester (Great Britain), where the IMPEL-network was established. IMPEL stands for the Implementation and Enforcement of Environmental Law. The aim of the IMPEL-network was described as follows: ‘The objective of the network is to create the necessary impetus in the Community to make progress in ensuring a more effective application of environmental legislation. The network shall promote the exchange of information and experience and the development of a greater consistency of approach in the implementation, application and enforcement of environmental legislation, with a special emphasis on Community environmental legislation. It shall provide a framework for policymakers and environmental inspectors and enforcement officers to exchange ideas both jointly and separately, and to encourage the development of enforcement structures’.

- several ad hoc Working Groups and project teams for the practical enforcement of the approved projects, compiled of representatives of the participating member-states and the European Commission, under direct supervision of the plenary meeting; - one national coordinator per member state, responsible for the information flow between the network and the member state.

More information on IMPEL can be found at the following website: http://europa.eu.int/comm/environment/impel/

The current structure of IMPEL is as follows: - a plenary meeting as ruling institution, with one representative per country, eventually backed by two to three co-workers and/or colleagues; The European network for the implementation and enforcement of environmental law was established in 1992.

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1.2. Semi-Annual plenary meeting In 2003 two plenary meetings were organized: the 21st plenary meeting in Greece, Athens from May 14 to May 16, and the 22nd plenary meeting in Italy, Rome from November 26 to November 28. The plenary meeting normally takes place in a Member State, whichever is the chairman of the EU at that instance ,and is chaired by the guest country and the European Commission. Plenary meeting in Athens In Athens, Belgium was represented by delegates from all three regions. All fifteen Member States of the EU, the European Commission, the twelve candidate countries (with the exception of Malta) together with Norway and Croatia were present. A number of completed reports were approved. An interim report over running projects on the one hand and a recommendation from a number of new projects on the other hand, were brought forward. However, the most important point of the assembly concerned the discussion of the progress report regarding the evaluation of the enforcement reports submitted by Member States, based on the European Recommendation regarding Minimum criteria for Environmental Inspections on the one hand, and an exchange of opinions over a recommendation for the formulation of a number of ‘Minimum criteria for the qualification of environment inspectors’, on the other hand. The long-term work flow was revised and some refinements were made. The meeting also concentrated on the practical appointments, which seemed to be necessary - especially of financial and logistical nature - to enable the participation of the future EU-Member States and (future) candidateMember States in the IMPEL-joint ventures. Plenary meeting in Rome In Rome, Belgium was represented by delegates from all three regions. All fifteen Member States of the EU, the European Commission, the twelve candidate countries (with the exception of Malta) together with Norway and Croatia, were present. An extended report and video over the successful IMPEL Conference in Maastricht (Netherlands) was introduced. After an exchange of thoughts, Hungary offered to organise the next IMPEL Conference.

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No less than seven completed projects were approved and will be published on the IMPEL website. Furthermore, the new printed version of the IMPELbrochure was proposed. After exhaustive discussion, a number of IMPELprojects for 2004 were proposed and classified according to function of importance. Once the budget which was assigned by the European Commission to IMPEL is known, it will be reviewed so that each project may be started effectively. The meeting focussed a lot of attention on the revising of the IMPEL-rules, which streamline the general working of the network. It was decided to establish a working group, which must review whether IMPEL will also become involved in the Environmental Management Act. The desire was also expressed that IMPEL should play a role as an advisory body in the development of a more ‘enforcement friendly’ legislation. The principal agenda point was however the exchange of thoughts over further IMPEL-activities, in relation to the qualification and training of environmental inspectors. The European Commission is (under pressure from the European Parliament) extremely concerned with these matters, and its suggestion to organise an extensive work meeting in Brussels during the course of 2004, was accepted by the meeting. The European Commission also informed the meeting on its intention to recommend a further approach by laying this matter down before the plenary meeting in Dublin, June 2004.

1.3. IMPEL-conference in Maastricht In the lap of the European network for the implementation and enforcement of the environmental legislation, the second IMPEL-conference was held in Maastricht from October 6 to 8, 2003. The first IMPELconference took place in 2000 in Villach (Austria). The second conference, organized by Netherlands, had as a theme: ‘Impel at Work’, and covered the implementation of the environmental policy and the environmental legislation within the diverse competent authorities of the EU-Member States, the new EU-Member States, the candidate EU-Member States and Norway. The goal of these conferences was to share information, from exchanging of thoughts to sharing experiences between the many participants from across the entire Europe, to improve the quality of the daily inspection - and enforcement work.

The second IMPEL-conference had as title ‘IMPEL at work’

230 participants from current, new and candidate EU-member states and numerous other countries, took part in the conference.

To accommodate this, both plenary and parallel sessions and workshops were organized. During these programs, the following items were discussed: - the Impel network; - recent developments since the first Impel Conference in 2000; - environmental inspections and enforcement in the future; - new instruments and improvement upon existing instruments; - the goal of inspections and the manner of approach; - identifying and distributing ‘good practices’; - capacity building.

importance that the learning process oversees all industry levels. Exchange of information is therefore the first, and maybe the most important condition.

Elaborate discussions took place during these sessions, on new development, trends, ideas, instruments, networking and capacity building, all with the goal to improve the inspection method. In total 230 people took part in this Conference. MI was represented by 6 participants and provided amongst other a presentation strongly appreciated by the participants, on the effectiveness and efficiency of environmental inspection sections inside the Flemish Environment Inspection Section’. Through the wide spread attendance of EI at this conference, many contacts were made and experiences regarding the way of working in Flanders were exchanged between colleagues from different countries. The Flemish inspection method is promoted through: - the revealing and explanation of the manner of ‘effective and efficient’ work within the Flemish Environmental Inspection Section; - the revealing and explanation of all the achieved enforcement results.

1.4. Learning from accidents Lessons learnt through accidents are very important on different levels. On the basis of accident analysis, an industry must take the necessary measures to prevent repetition in the future. Seeing that similar dangerous situations also exist in other industries, it is of great

An annual seminar “Learning from mistakes” is organised in France. This seminar has been taking place since 1999, under the guidance of the IMPEL network. The seminar took place in Dijon on the 4th and 5th of November 2003. One representative from EI participated. The most important goal setting of the get together was the exchange of experiences in relation to accidents and serious emissions. Inspectors from France, Germany, Italy, Czech Republic, Austria, Portugal, Slovakia and Belgium, handled 19 incidents and accidents: fires and explosions, uncontrolled emissions of hazardous substances and fires in storage places of dangerous products. Even though the origins of the incidents were very different, a number of recurring attributes were still found: - one poor industry operation was often one of the causes, or an amplifying factor; - quite a few incidents happened during manual handling or during unusual industry activities: starting a new plant, maintenance works, changing of ploughs; - a number of accidents were avoided through simple technical safety measures; - proper functioning fire detection and fire abatement substances can limit the consequences; - a number of incidents had a very large impact on humans and the environment in each industry and in the surroundings.

EI is convinced of the need to exchange information regarding accidents. To use this built-up expertise to our full advantage, an international user friendly databank is essential. The existing European databank, MARS (Major Accident Reporting System) can serve as a basis for this.

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The Recommendation regarding Minimum criteria for Environmentalinspections in the Member states, momentarily forms the basis for a lot of IMPEL-activities

1.5. Training and qualifications of environment inspectors The European Parliament and the Council approved the recommendation regarding Minimum criteria for Environmental Inspections, in the Member States on 4 April 2001. The recommendation was published in the Official Journal of the European Communities of 27 April 2001. In article IX of this recommendation, the Commission is requested to establish minimum criteria for the qualification of environmental inspectors as a matter of urgency, in co-operation with IMPEL and others interested. In the same article, the Member States are encouraged to, in cooperation with IMPEL, the Commission and others interested, develop training projects which will satisfy the request for qualified environmental inspectors, as a matter of urgency. During the plenary IMPEL-meeting in Sweden (June 2001) it was decided to establish a working group for the development of a recommendation for the creation of the minimum criteria for the qualification of environment inspectors, as well as training projects. This working group came together several times in 2001 and 2002, and prepared a report which was approved on 18 March 2003. The definitive report can be viewed on the following website:http://Europe.eu.int/comm/environment/impel/environmental_inspectors.htm The report starts off by describing the function of an environmental-inspector. From this report, the framework was taken for the determination of the needs in the qualification and training of these inspectors. This entails, amongst other, requirements for admission levels, personal properties and general aptitude, etc. The report ends with a chapter on planning and evaluation: the training must be planned and must be reported on. This can happen within the quality surveillance system already in use, and the yearly planning procedures.

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1.6. Management reference look In article III ‘organization and implementation of environmental inspection sections’ from the already quoted recommendation regarding Minimum criteria for Environmental Inspections, in the Member States, it is amongst other stipulated that: ‘to promote the best practices in the entire Community, the Member States, in co-operation with IMPEL, can consider making an arrangement for testing within which the Member States give advise over inspectorates and inspection procedures in the Member States, keeping in mind the different systems and context in which they operate’.. In order to make this possible, a working group was started within IMPEL in 2001, chaired by Denmark. Flanders is also a part of this work group. The goal of this work group was to set up a management reference book. This workgroup got together several times during 2002 and 2003, and in October 2003 prepared a draft end-report. At the end of 2003, this report was approved at the plenary IMPEL-meeting in Rome. This manual mostly covers the management of Environmental Inspection sections, their organization and their continuous strive to improve ,and is intended for the management of federal, regional as well as local authorities. This textbook encloses the following important chapters:

1. 2. 3. 4. 5. 6. 7.

Mission, vision and values; Strategy and planning; Leadership and management; Personnel; Culture of the organization; Structure; Quality system.

This is abundantly illustrated with solution-aimed ‘good practice’ examples from the diverse Member States. Many ‘good practice’-examples from EIS were recorded in this report, as well as: the mission, the values, the yearly Environmental inspection plan, the structure and group working, quality system, codes of good practice and the yearly enforcement report. In 2004 the work-group will concentrate on the method of distribution and publication of the information-rich document.

2. Other 2.1. Chile In the co-operations program 2002-2004 between Chile and Flanders, environmental heading, it is amongst other stipulated that: ‘Both parties agreed to build permanent relations between CONAMA (Chilean National Commission for the Environment ) and Aminal. Chile showed prior interest in a program on technical assistance and exchange of experiences on the level of ‘Environmental Inspections’. Flanders concretely offers the following: Flanders offers her expertise in a five day workshop in Chile. During this workshop the activities of the Flemish Environment Inspection Section was explained and, departing from the concrete Chilean situation, further co-operations, recommendations and appointments will be made for the remainder of the co-operations program’’.

In 2003, EIS partially implemented the co-operations program by participating in a five day workshop organized by CONAMA, in Concepción in de 8° region of Bio-Bio in Chile. This workshop took place from 24 to 28 March 2003. The Flemish delegation was made up of 5 members from EIS, being the head of division, the department head of the Chief Inspectorate, an expert on odour- and air pollution, an expert on waste and an expert on water. The EIS-delegation was accompanied by a college-interpreter Dutch-Spanish from the directorate-general of Aminal. The workshop’s program consisted mostly out of the following sections: - explanation of the organisation and the operations of CONAMA and other involved actors; - explanatory report over the organization, operations and enforcement strategy of the Flemish Environment Inspection Section; - a visit to the regional intendant + press meeting; - diverse industry inspections; - feedback, conclusions and further co-operation agreements. The most striking findings during the workshop can be summarized as follows: - Chile’s biggest concern of the last few years, consisted of ensuring that the impact of the economical crisis in their neighbouring country Argentina has as little impact as possible on their own economical situation.

Flemish and Chilean environmental inspectors during the workshop in Concepción, Chile

Environmental care is momentarily not very high on the list of priorities; - the military and economic legislation is a level higher than the environmental legislation; - Chile does not possess a minister/ministry of Environment; - the Chilean Constitution ensures that each citizen has the right to a ‘healthy environment’; - CONAMA was established in 1994 following the general Act on Environment, and stands under the guardianship of the presidency; - in resolution nr. 112 of 1999, regional committees were started for the control of new projects (see environmental permission). Existing projects are not (yet) controlled; - Chile possesses a widespread environmental regulation, though controls are rather limited, or non-existing; - the 8th region Bio Bio is the most industrialized region in Chile. It is reported that CONAMA is also the most advanced when it comes to tackling the environmental problems in this region; - environmental violations existing in Chile is not criminally proceeded in court, although infringement of the health regulations are; - the inspectors of CONAMA have no administrative competence. According to the aspects to be controlled, they inspect along with inspectors from other authorities such as agriculture, water, health, the naval force, etc. These inspectors are administratively competent; - during controls, the inspection report is signed by all involved inspectors and by the operator of the controlled industry. Should action be needed, the inspectors of CONAMA serve to rely on the obligingness and goodwill of the inspectors from other services. This is one situation that the inspectors of CONAMA have experienced as very restrictive, and has caused them many frustrations. CONAMA is momentarily the only co-ordinating and sensitizing role player between the different competent authorities; - since the competence is spread across different authorities, there is, for the time being, little or no chance of an integrated enforcement approach; - the most involved control-authorities possess over very limited personnel, financial and logistical agents. Recently, the already limited available credit was cut in half.

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During this workshop, it was evident that the strongly industrialized region Bio Bio is in dire need of Flemish enforcement expertise and exchange of experiences in the controlling of (sewage) waste water treatment plants, landfills and the petrochemical sector. Technical assistance was also requested in the assessment of the legislation in specific ad hoc dossiers. As further completion of the co-operation program, it was arranged on site that Flanders will make their expertise available in the following ways: - 3 to 4 Chileans from the region Bio Bio will come to Flanders to undergo active enforcement training; - the practicum training will run over a period of about two weeks; - anticipated period: May-June 2004; - providing technical assistance through the assessment of the legislation in specific ad hoc dossiers.

Subsequently, on 1 April, during a visit to the Belgium Embassy in Santiago, the goal and the results of this mission was once again comprehensively explained. The readiness of CONAMA to take part in a co-operation proposal was remarkably large. Whether these co-operations will ever be finalised, will depend largely on the capability and/or willingness of the Chilean authorities to carry the related costs (i.e. international flights). At the end of 2003 there was still no further feedback.

2.2. Dioxin 2003 It has become a tradition that EIS actively participates in the yearly symposium over halogenated environmental polluting substances and persistent organic polluting substances, (POP’s: persistent organic pollutants). The twenty third symposium, DIOXIN 2003, took place from August 25 to August 29, 2003 in Boston, Massachusetts, United States of America.

Scientists, technologists, trade creditors from measureand purifying equipment, operators and officials, came together to recommend and discuss the latest findings regarding PCB’s, polychlorinedibenzodioxins and -furfurans and bromide organic matter. All possible aspects, like the forming and distribution in the environment, toxicology, epidemiology, sampling- and analysing methods, prevention, emission control and remediation, were covered during the five day congress through lectures and poster recommendations

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During the congress, EIS presented a poster, entitled ‘Reducing the PCDD/F emission from crematoriums in the Flemish region (Belgium): a successful preventive enforcement approach’. Herein light was shed on the many ways EIS was successful in realizing the sanitation of the dioxin emission from the crematoriums in the Flemish Region. Especially the preventative measures, supported by imposing emission measurements, the enforcement of process integrated measures on short term and the professional follow-up of the continuation of the final sanitation work, was stressed. During the symposium, quite a few more sessions were attended, amongst other on measuring systems, the atmospheric dispersal of the polluted matter, methods of dioxin removal and of -destruction, dioxin sources and dioxin formation. Attention was also focused on the problem of ‘new’ POP’s. The incineration of biomass and of waste in open air, remains an important factor, but it is very difficult to estimate the source of dioxin. At the sources of PCDD/F – most certainly from Asian participants – special attention was given to metallurgy (sinter plants, non ferrous) and on crematoriums. Japan remains the most industrialized country with the highest (known) dioxin-emissions. They do run a reduction program, but the average handled industrial sources often still remain at least an order of magnitude above those in the EU. Very few innovative emission limitation techniques were proposed, those applicable were in industrial installations. For years, the attention in Flanders has been applied towards continued dioxin sampling from important point sources – this attention is now slowly but certainly increasing in countries such as France and Japan. There is a permanent need for faster and cheaper determination methods, both in tissue, in food and fodder, as well as in environmental matrices. The ‘classical’ PCB’s, seemingly omnipresent in the environment, and their possible effects on people and fauna and flora, is clearly receiving renewed attention. However, there was strikingly little statistical information over dioxin-like PCB’s in the environment (environmental concentrations of emissions data). For this group of combinations, standards will soon have to be provided for food and fodder inside the EU. There was a lot of attention given to the presence of bromide flame-retardants in the inner atmosphere and in certain running water sources close to determined industries (bromide production, textile). The EU-issued product bans on some types of these combinations, are still under discussion in US and they remain big analytical problems. The Flemish situation and information, in comparison to the other countries present, concludes that once again it is our normative guidelines and enforcement

approach of the industrial sources, that can probably serve as an example.

2.3. Efficiency and effectivity of environmental inspections In the lap of the OECD (Organisation for Economic Co-operation and Development) and INECE (International Network for Environmental Compliance and Enforcement),an ‘Expert Workshop’ was organized November 3rd and 4th 2003 in the OECD building in Paris, on Environmental Compliance and Enforcement Indicators.

The idea with this workshop was to exchange information and experience between experts from different countries on ‘compliance and enforcement’ indicators at Environment Inspection Sections. The goal was to inform the policy makers as well as the public, in a credible, uniform, simple and understandable manner, on the output and the outcome of environmental inspections. Correct information on enforcement actions and the achieved results, must be viewed as a powerful instrument to cause maximum stimulation, and to guarantee the enforcement of the environmental regulatory requirements. In total, 45 people participated in this workshop. As well as the OECD, INECE, the World bank, the European Commission and representatives of diverse countries from all parts of the world were present. EIS was represented by the department head of the Chief Inspectorate. Diverse lectures were given. The representative from EIS gave a presentation over the ‘Effectiveness and

EIS gave a presentation over the ‘Effectiveness and efficiency of environmental inspections within the Flemish Environment Inspection Section’,

efficiency of environmental inspections within the Flemish Environment Inspection Section’, greatly appreciated by everyone. During the workshop, it could be established that Flanders belongs to the trend-setters when it comes to the use and application of both output- and outcomeindicators. The representative of EIS made many new contacts at this conference and exchanged experiences with colleges from other countries over the manner of working in Flanders. After the debate, the conclusion was made that all the countries were in need of uniform, simple and effective indicators to map the effectiveness and the efficiency of the enforcement. All participants agreed that urgent action was needed, through defining suitable indicators and through the setting up of a number of pilot projects. To enable this, funds are needed. OECD, INECE as well as the EU, seemed prepared to act on this. As soon as sufficient funds are available, a follow up to this workshop will take place.

2.4. CLEEN EIS further participated in the activities of CLEEN-network of European enforcement organisations. CLEEN stands for ‘Chemical Legislation European Enforcement Network’.

The use of CFC's in Flanders is – as it is in the rest of Europe – prohibited with a few exceptions, such as in the manufacturing of medical dose inhalers, or for special use in laboratories. The production of CFC's in Europe is also prohibited, unless it is for essential applications, or to provide in the fundamental needs of countries that have ratified the Protocol of Montreal. The Dutch VROM - Inspection Environmental Hygiene South, has requested the EIS to investigate whether the tens of tons of CFC 11 and CFC 12’s, produced in the Netherlands and supplied to an industry located in Flanders, is indeed used for essential applications or for the cited fundamental needs. EIS indicated, along with customs, that the CFC's were not delivered in Flanders for illegal use by third parties, but that they were exported out of Europe, to countries where they may still be used, who have not ratified the Protocol of Montreal.

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2.5. Seveso-matters On scheduled dates, so-called ‘Mutual Joint Visits (MJV’s)’ are organized in the different Member States of the EU. Their most important goal is to stimulate contact between the inspectors of the different Member States, who perform inspections based on the Seveso II-Directive. The Directive aims for harmony across the entire Union. Therefore, it is of great importance that each Member State, preserving its own accents, organizes and implements Seveso-inspections in a uniform manner. The personal contact between the different inspectors forms one of the most important means in the strive towards consistency on these grounds. The MJV’s are designed to work in small groups. Unlike congresses or colloquia over the Seveso II-Directive, there are a maximum of 2 representatives per Member State. Through means of a rotating system, each Member State will, after just a couple of years, be responsible for the organisation of the exchange program. The organization will give each Member State the extended chance to lay out the national regulatory process, and to inform the organisation of the Seveso-inspections. The most important aspect of the MJV’s is the joint ‘industry control’ through the representatives of the different Member States. From June 3 to 6 2003, a representative from EIS took part in the MJV in Skien, Norway. The central theme of the MJV was the application of the Seveso II-Directive in Norway and the co-operation between the different authorities involved. Norway is not a member of the European Union, and therefore only has an observation status at the CCA-meetings (Committee of Competent Authorities). Though this country is actively participating in the European exchange program based on the Seveso II-Directive. Besides the host country, there were also other non-Member States and future Member States present:; Switzerland, Romania, Latvia, Estonia and Slovakia. Within these countries, there seems to be a great preparedness to streamline the policy regarding the prevention of severe accident techniques within the EU. During the MJV, an industry visit was organised at a Norwegian Seveso-concern. It concerned a conducted tour of the industry, and no real inspection. During the MJV organised by the Belgian authorities from 23 to 25 October 2002, legitimate controls were performed, and this was welcomed by the participants. Another striking fact was that the participants still gave little attention to the consequences of heavy casualties to the Environment. For a while already, EIS has been

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EIS on inspection with DRIRE Nord-Pas-de-Calais.

convinced of the need of increased attention to the problems, and of special inspection methods, this is proven by the inspection-instruments developed during the course of the years. However, there are still important gaps in the knowledge. Here, supporting investigation is definitely needed.

2.6. Co-operation with DRIRE Nord-Pas-de-Calais Following the discovery of pollution by dioxins and dioxin-like PCB’s of the Menen environment, EIS started a border crossing deliberation with the French colleagues of DRIRE (Direction Régionale de l'Industrie, de la Recherche et de l'Environnement) Nord-Pasde-Calais, in 2003. The pollution was namely determined in the immediate area of the Belgian-French border, where possible sources could be situated on French territory downwind of the measuring sites. In the 90’s, the old French waste incineration oven at Halluin was indicated as the main source of the prolonged dioxin pollution in Menen (Centre) and Rekkem. This oven has since been closed for many years, and replaced by a new installation, supplied of the necessary smoke gas purification system. The open fires that were frequently encountered in the old industrial zone along the French shore of the Leie, up to a few years ago, are now mostly a thing of the past. Since 2002, the attention focused on the specific pollution by dioxin-like PCB’s in this region. The activities of a scrap-processing industry in particular, literally situated on the Belgian-French border, were indicated as a possible source. The activities of this industry are divided between Belgian and French companies. The supervision of the environmental legislation for the French section of the industry, lies with the services of DRIRE from the region

Nord-Pas-de-Calais. Because of the nature of the problem, a collective approach across the entire terrain is in this case crucial. However, the difference in legislation must be kept in mind, where specific actions prohibited in the Flemish region, are (still) allowed a few metres further on in France. EIS made contact with DRIRE at the end of 2002, in order to discuss the situation and to determine what common action could be possible. During a first deliberation, at the start of 2003, EIS explained the problem at Menen based on the available measure results. Very soon, it became clear that this information was completely new to the French government. In the summer of 2003, an EIS-delegation visited Lille. DRIRE described its activities on the environmental legislation and enforcement level. EIS gave an actualised summary of the situation, and once more pleaded for a common approach. In October 2003, a joint inspection visit to the Flemish and French section of the industry terrain took place, with inspectors from EIS and DRIRE Nord-Pas-deCalais. Corresponding, EIS again explained its own activities. During this meeting, appointments were made for a further collective follow-up of the dossier. At the moment there is a licence application being processed for the French establishment, where measures would probably be imposed in order to limit the PCB-pollution. During the course of 2004, the dossier will again be evaluated together.

At the information sessions, the representative of the EIS provides an explanation on the position of the Flemish region in Belgium, the working of the EIS (organisation, assignment, competences, environmental-inspection plan, inspections, enforcement, etc.), quality care, reporting and concrete results of the enforcement approach on the terrain. During these meetings, it is often experienced that the audience appreciate the concrete EIS-inspection approach extremely. EIS therefore plans to continue its strive towards an active presentation on the international forums, based on the available people and resources.

2.8. Co-operation with the European Commission The European Commission formally requested Belgium to launch an investigation into suspected illegal supplies of methyl bromide by a supplier of compressed gasses. EIS offered its expertise for use by the federal government authorised in the supervision of the marketing of such products. In this dossier, it could be indicated that insufficient proof existed to point to illegal traffic. During a routine control of a chemical supplier, the supervisory official discovered that the supplier had been supplying CCl4 to buyers outside Europe for years, while he did not have the necessary export permit. The supplier was urged to set matters straight with the licence providing European Commission.

2.7. Propagating the enforcement to foreign countries The continuous far-reaching European integration and globalisation is making itself more and more visible at the level of environmental enforcement. EIS therefore considers it as its task to forge international contacts, in order to be able to actively contribute to new tendencies, and to contribute to innovative initiatives. These contacts also allow EIS to test its own activities in an international context. The Environmental-Inspection Plan and the Environmental Enforcement Report is translated and circulated in English. This ensures that the working method of the EIS becomes known internationally. This initiative is valued by the colleagues from other countries, which leads to requests for the EIS to explain the inspection system and enforcement approach.

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201

Hans Delcourt

Waste

Site-responsible

Koen Mandonx

Geert Keppens

Greta De Maesschalck

Peter Schryvers

Paul Bernaert

Environmental

Nathalie Janssens

Chris Van Baelen

Paul Bernaert

Koen Mandonx

Chief Inspectorate

Enforcement Report

Materials

Informatics

Organizational support

Paul Bernaert

Quarries & Mines

Chris Van Baelen

Peter Schryvers

Water

(*: Seveso-team)

Inge Delvaux*

Martine Blondeel

Filip FranĂ§ois

Air, light and odour

Safety

Louis Daens

Noise and vibrations

Ingrid Roels

Paul Bernaert

Chief Inspectorate

Service Head

Support on content

Wilfried Biesemans

Wilfried Van den Acker

Ilse Colman

Jos Tits

Leentje Timmerman

Guido Gerits

Jos Tits

Limburg

Wilfried Van den Acker

Local Service

Rudi Rademaekers

Jos Tits

Leentje Timmerman

Peter Schoups

Josse Cleven

Freddy Noels

Antwerp

Gerard Pensaert

Lief Mannaerts

Wilfried Van den Acker*

Christel Gernay*

Jo De Baerdemaeker*

Wilfried Biesemans*

Jos Moeskops

Ludo Segers

Hendrik Meulemans

Jan De Paep

Limburg

Linda Van Geystelen

Local Service

Local Service Antwerp

Frank Verslype

Marc Vanthienen

Wilfried Nijs

Robert Dupont

Frans Van de Maele

Flemish-Brabant

Local Service

Luc Verhaeven

Pieter Van Cauwenberge

Dony Vandormael

Luc Verhaeven

East-Flanders

Local Service

Peter Wesemael

Wilfried Van Vaerenbergh

Koen Mandonx

Theo Strobbe

Koen Mandonx

Flemish-Brabant

Local Service

Robert Dupont

Dirk Crivits

Marc Van Kerckvoorde* Frans Van de Maele

AndrĂŠ Goossens*

Peter Wesemael

Luc Bevernage

Frans Van der Cruyssen

Gert Govaerts

Paul Van Gijseghem

East-Flanders

Local Service

Peter De Neve

Georges Van de Walle

Johan Corveleyn

Peter De Neve

West-Flanders

Local Service

Karel Van Damme

Robrecht Pillen

Guido Gheysen

Geert Van Landschoot

Henri Trypsteen

Marc Sevenant

Roland Loontiens

West-Flanders

Local Service

ANNEXURES 1. Contact persons within EIS

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203

2. Contact Persons co-operation, deliberation and legislative initiatives Co-operation with others, deliberation structures and legislative initiatives

Contact Persons

Action Plan Hoboken

Hendrik Meulemans Linda Van Geystelen

Action Plan Menen

Filip François Martine Blondeel Wim Delaere Roland Loontiens

Active publicity of administration

Koen Mandonx

Amendment EU-regulation Ozone depleting Substances

Paul Cuypers

Amendment Environmental licence decree (GMO’s)

Paul Bernaert

Amendment Act Air pollution and Waste substance decree

Paul Cuypers

BBB-project team

Paul Bernaert

Hans Delcourt BBT/EMIS - steering committee

Paul Bernaert

Commission Animal waste, plenary meeting

Frans Van de Maele

Commission Animal waste, Working Group Coordination

Hans Delcourt

Paul Van Gijseghem Frans Van de Maele Commission Prosecution policy for Environment and Spatial Regulation

Hans Delcourt

Commission Collection waste substances

Robert Baert

Target Group Policy

Paul Bernaert

Forum of the VR-experts

Inge Delvaux

Large Vlarem-train

Paul Bernaert Filip François Martine Blondeel

Implementation decision 2003/33/EG regarding acceptance criteria landfills

Hans Delcourt

Core task debate + implementation

Paul Bernaert

Small Vlarem-train

Paul Bernaert

Environmental Boat

Chris Van Baelen

MINA-plan 2 theme 1 ‘Thinning of the Ozone layer’: responsible action 4

Hans Delcourt

‘Introducing an extended inspection program for use in the collection of ozone depleting substances’ MINA-plan 2 theme 10 ‘Disturbance by sound pollution’: responsible action 80

Louis Daens

‘Sanitation of sound pollution of polluting industries’ Conversion EU-Guideline waste incineration

Filip François

Conversion EU-Guideline large stoke installations

Filip François

Agreement Animal waste

Hans Delcourt

Deliberation waste incineration

Robert Baert Paul Bernaert Filip François

Deliberation policy light pollution

Martine Blondeel

Deliberation odour policy

Martine Blondeel

Deliberation with VMM on deposition- and emission measurements

Filip François Martine Blondeel

Project internal environmental care

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Chris Van Baelen

Co-operation with others, deliberation structures and legislative initiatives

Contact Persons

QRA-policy in Flanders

Paul Bernaert Inge Delvaux

Regulation chip wood industries

Filip Franรงois Henri Trypsteen Geert Van Landschoot

Co-operation with the department Natural Resources and Energy

Paul Bernaert Chris Van Baelen

Co-operation with the Health Inspectorate

Robert Baert Paul Bernaert

Co-operation with the Military Government

Robert Baert Paul Bernaert

Co-operation with the Federal Agency for the safety of the food chain and OVAM

Paul Bernaert Hans Delcourt Ingrid Roels

Co-operation commission Seveso-Helsinki, plenary meeting

Inge Delvaux

Co-operation commission Seveso-Helsinki, Working Group Inspection policy

Inge Delvaux Wilfried Van den Acker Inge Dils

Strategic project Legislation: MRI

Paul Bernaert Filip Franรงois Koen Mandonx

Strategic project Legislation: Recognitions

Paul Bernaert Hans Delcourt Peter Schryvers Filip Franรงois

Strategic project Legislation: Integral environmental conditions

Paul Bernaert Inge Delvaux

Strategic project Legislation: Enforcement

Robert Baert Paul Bernaert Inge Delvaux Peter Schryvers

Steering committee Environmental quality standards

Paul Bernaert

Steering committee Reference tasks VITO

Paul Bernaert

Steering committee SR-guideline book

Inge Delvaux

Sub commission Gasses

Inge Delvaux Wilfried Van den Acker

Task Force Manure processing

Georges Van de Walle

Technical Deliberation Environmental legislation (TOM), plenary meeting

Paul Bernaert

Paul Van Gijseghem Technical Deliberation Environmental legislation (TOM), Sub Working Groups

Louis Daens, Hans Delcourt, Filip Franรงois, Peter Schryvers

VIWC-Sub Working Group Pollutants in eels

Peter Schryvers

Working Group Dioxins in Milk

Filip Franรงois Martine Blondeel

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205

4. Presentations EIS regularly react on external enquiries to make its knowledge available, and to provide information. Underneath, a summary of the presentations and lessons given by supervisory officials of the EIS in 2003, can be found.

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•

‘Environment Inspection Section, enforcement-organ of the environmental hygiene legislation in the Flemish Region’ based on the permanent training of environmental coordinators, organised by the University Ghent in Ghent;

•

‘Dangerous substances: problems and solutions, future legislative initiatives, experience around registration of dangerous substances and tank controls based on the permanent training of environmental coordinators, organised by Ecolas at Elewijt;

•

‘Safety studies and their importance based on environmental licences’ in the framework of the permanent training of environmental coordinators, organised by Kluwer in Antwerp;

•

‘The operation of the Environmental-inspection Section’, ‘Wastewater: practice and practice session and ‘Waste substances and soil: practice based on the training of environmental officials, organised by the Education- and Training institute for Government personnel at Lier ;

•

‘Supervision of the environmental legislation’ based on the permanent training of environmental coordinators, organised by Syntra at Sint-Niklaas;

•

‘The Environmental-inspection Section’ based on a panel-discussion during the study day ‘Particular Inspection Services’, organised by the University Ghent in Ghent;

•

‘Enforcement of the environmental hygiene legislation’ based on the training of environmental coordinators level A, organised by Lucina in Leuven;

•

'The Environment policy in Flanders' based on the training of prevention-advisors level 1, organised by Lucina in Leuven;

•

‘Environment Inspection Section: structure and working’ based on the deliberation between Seveso-inspection services, organised by the Management of chemical risks in Lommel;

•

‘Environment Inspection Section as enforcement organ of the environmental hygiene legislation of the Flemish region’ based on environmental coordinator training, organised by the IRIS-High school in Brussels;

•

‘Enforcement’, based on the permanent training of environmental coordinators, organised by Syntra in Kortrijk and in Brugge;

•

‘Structure and action of the Environment Inspection Section’ based on training of medical environmentalists of the LOGO's (Local Health Deliberation) in Brussels;

•

‘Structure and action of the Environment Inspection Section + inspection campaign at large textile industries’ based on training of environmental coordinators, organised by Centexbel, Febeltex and Cobot in Zwijnaarde;

•

‘Information on the legislation regarding sound’, organised by the Police zone Pajottenland in Galmaarden;

•

‘Role of the Environment Inspection Section in the municipal environmental-supervision’, organised by the Environmental official deliberation of the province Flemish-Brabant in Huldenberg;

•

‘Tasks and actions of the Environment Inspection Section’ for officials of the province North-Holland in Brussels;

•

‘Effectiveness and efficiency of environmental inspections’ at the second IMPEL-congress in Maastricht;

•

‘Effectiveness and efficiency of environmental inspections’ at an expert workshop organised by OESO and INECE in Paris;

•

‘Enforcement of IPPC legislation in Flanders' during a workshop ‘Implementation of the IPPC Legislation: responsibility of the competent authorities and the industrial operators’ for Bulgarian officials, organised by the European Commission based on the training of the entry of Bulgaria to the European Union in Stara Zagora, Bulgaria.

2003 Environmental Enforcement Report of the Environment

5. Used abbreviations 5.1. Institutions Aminabel Aminal ANRE APSG AROL CGCCR CLEEN DRIRE EFQM EIS EPA EU FAVV FGS HMN IMPEL INECE IPA IRCEL LIN LOGO MINA-council NGO OECD OVAM TOM VITO VLM VMM WHO

General Environment and Nature Policy Section Environment, Nature, Land and Water Management Administration Natural Resources and Energy Section Preventive and Social Health Care Section Administration Spatial Regulation and Environment Governmental Coordination- and Crisis Centre Chemical Legislation European Enforcement Network Direction RĂŠgionale de l'Industrie, de la Recherche et de l'Environnement European Foundation for Quality Management Environment Inspection Section External Privatised Agency European Union Federal Agency for Safety of the Food-chain Federal Government Service Enforcement Environmental and Nature Implementation and Enforcement of Environmental Law International Network for Environmental Compliance and Enforcement Internal Privatised Agency Inter Regional Environmental Cell Environment and Infrastructure Department Local Health Deliberation Environmental- and Nature Board of Flanders Non-Government Organisation Organisation for Economic Co-operation and Development Public Waste Agency of Flanders Technical Deliberation Environmental regulation Flemish Institute for Technological Research Flemish Land Agency Flemish Environmental Agency World Health Organisation

5.2. (Environmental) technical terms AC ARAB BAP BAT BSE EIA EIP EMAS EURAL FAI FTE GFT GMO GRC IPPC LAI LDAR MDF

Active carbon General regulation on labour protection Better Administrative Policy (the reorganisation of the Flemish administration) Best available techniques Bovine spongiform encephalopathy (mad-cow disease) Environmental Impact assessment Environmental Inspection Plan Eco-management and Audit Scheme European waste substance list Complete acoustic investigation Full-time equivalent Vegetable-, fruit- and garden waste Genetically modified organism Soil Sanitation Centre Integrated pollution prevention and control Limited acoustic investigation Leak detection and repair Medium Density Fibreboard

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MINA-fund MINA-plan 2 MINA-plan 3 MJV MWWTP OSB PLOEG PWTP SR TEF TEQ TOP Vlarea Vlarebo Vlarem I Vlarem II

Fund for Prevention and Sanitation regarding Environment and Nature Environmental policy plan 1997-2001 Environmental policy plan 2003-2007 Mutual Joint Visit Municipal waste water treatment plant Oriented Strand Board Planning, leading, observe, evaluate, and estimated Private waste water treatment plant Safety Report Toxic equivalent factor Toxic equivalents Interim storage Decision of the Flemish government on determination of the Flemish regulation regarding waste prevention and -control Decision of the Flemish government regarding determination of the Flemish regulation on soil sanitation Decision of the Flemish government regarding determination of the Flemish regulation on environmental licences Decision of the Flemish government regarding general and sectoral determinations towards environmental hygiene

5.3. Substances and parameters BOD CFC COD EOX HBCD HCFC MAH PAH PBB PBDE PCB PCDD PCDF PER pH POP TBBPA TOC VOC

210

Biological oxygen demand Chlorofluorocarbons Chemical oxygen demand Extrudable organic halogen compounds Hexabromocyclododecan Hydro Chlorofluorocarbons Mono-aromatic hydrocarbon Poly-aromatic hydrocarbon Polybromidebiphenyl Polybromidediphenylethers Polychlorobiphenyl(s) Polychlorine-dibenzo-paradioxin(s) (dioxins in short) Polychlorine-dibenzo-furan(s) (furans in short) Perchloro-ethylene Acidity Persistent organic pollutants Tetrabromobisphenol-A Total organic carbon Volatile organic compound(s)

2003 Environmental Enforcement Report of the Environment

6. Addresses Head of section: Dr. Sc. Robert Baert, Inspector-General Graaf de Ferrarisgebouw Koning Albert II-laan 20 bus 8 1000 Brussels Tel.: 02-553 81 83 Fax: 02-553 80 85 e-mail: milieu-inspectie@lin.vlaanderen.be Chief Inspectorate Service Head: Ing. Paul Bernaert Graaf de Ferrarisgebouw Koning Albert II-laan 20 bus 8 1000 Brussel Tel.: 02-553 81 97 Fax: 02-553 80 85 e-mail: milieu-inspectie.hi@lin.vlaanderen.be Local Service Antwerp Service Head: Lic. Linda Van Geystelen Copernicusgebouw Copernicuslaan 1 2018 Antwerp Tel.: 03-224 64 26 Fax: 03-224 64 28 e-mail: milieu-inspectie.ant@lin.vlaanderen.be Local Service Limburg Service Head: Ir. Jan De Paep Taxandriagebouw Gouverneur Roppesingel 25 3500 Hasselt Tel.: 011-26 42 60 Fax: 011-26 42 61 e-mail: milieu-inspectie.lim@lin.vlaanderen.be

As from 10/05/2004: Koningin Astridlaan 50 bus 5 3500 Hasselt Tel.: 011-74 26 00 Fax: 011-74 26 29

Local Service East-Flanders Service Head: Ir. Paul Van Gijseghem Apostelhuizen 26k 9000 Ghent Tel.: 09-235 58 50 Fax: 09-235 58 79 e-mail: milieu-inspectie.ovl@lin.vlaanderen.be Local Service Flemish-Brabant Service Head: Ir. French Van de Maele and as from 01/04/2004 Ing. Marc Vanthienen Waaistraat 1 bus 2 3000 Leuven Tel.: 016-21 11 50 Fax: 016-21 11 51 e-mail: milieu-inspectie.vbr@lin.vlaanderen.be Local Service West-Flanders Service Head: Ir. Roland Loontiens Koningin Astridlaan 29/4 8200 Brugge Tel.: 050-40 42 11 Fax: 050-39 15 12 e-mail: milieu-inspectie.wvl@lin.vlaanderen.be

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Ministry of the Flemish Community Publication Ministry of the Flemish Community Environment Inspection Section Responsible publisher Dr. Sc. Robert Baert Inspector-General Section Head Graaf de Ferrarisgebouw Koning Albert II-laan 20, bus 8 1000 BRUSSEL Final editing ir. Peter Schryvers Ing. Paul Bernaert, Service Head Depot number: D/2004/3241/341 Translation BEAVER TRANSLATIONS +32 (0)54 51 81 39 www.beavertran.be Layout Printer BOONE-ROOSENS n.v., Lot Print Printer BOONE-ROOSENS n.v., Lot This publication was printed on environment-friendly produced paper. Â© ministry of the Flemish Community

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