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VLAREM II
Order of the Flemish Government of 1 June 1995 concerning
General and Sectoral provisions relating to Environmental Safety

Chapter 5.9. ANIMALS

Section 5.9.1. Area of application

Article 5.9.1.1.
§ 1.
The provisions of this chapter are applicable to the establishments referred to in subsections 9.3, 9.4,
9.5, 9.6, 9.7, 9.8 and 9.9 of the classification list as well as to the storage sites for manure referred to
in subsection 28.2 of the classification list that are associated with the aforementioned
establishments.

Article 5.9.1.2.
[...]

Section 5.9.2. Construction regulations for animal housing and manure storage
sites and places for manure treatment and manure processing


Animal housing

Article 5.9.2.1.
§ 1.
Animal housing must be built using durable and sound materials, in accordance with a code of good
practice or - failing such code - according to the rules of good workmanship, under the supervision of
a certified architect, an engineering architect, a civil architectural engineer, an industrial architectural
engineer, an agricultural engineer or a bio-engineer, in such a way that the nuisance for the
environment is prevented or restricted to the normal level of nuisance caused by neighbours.
§ 2.
The full floor surfaces in animal housing must be made of hardened material. They must be
manureproof. If this proves necessary, the manureproofness must be ensured by the application of a
manure-resistant impermeable layer. These floor surfaces must be sloping, to ensure the easy
removal of manure, slurry or flush water.
§ 3.
It is forbidden to equip these floor surfaces of animal housing, manure ducts and slurry tanks with
overflows or drainage channels to a surface water, a public sewer, an artificial drainage route for
rainwater or a septic pit.

Additional construction conditions for animal housing with respect to the limitation of
the emission of ammonia

Article 5.9.2.1bis.
§ 1.
For all poultry and pig farms for which an environmental licence is granted for:
        the operation of a new installation, whether or not in combination with the complete discon-
        tinuation of an existing cattle breeding establishment
        the changing of an existing cattle breeding establishment, whereby one or a multiple of new
        animal housings are built
        the changing of an existing cattle breeding establishment by the amalgamation of cattle breed-
        ing establishments, whereby one or a multiple of new animal housing are also built the newly to
        be built animal housing must be low in ammonia emissions if, for the animal cate-gory
        concerned, a technique is included in the list of low ammonia emission animal housings
        established by the order of the Flemish minister competent for the environment.
§ 2.
After the finishing of the construction of a low ammonia emission animal housing and the provision of
the different low ammonia emission animal housing systems included therein, a su-pervisory architect,
engineering architect, civil architectural engineer, industrial architectural en-gineer, agricultural
engineer or bio-engineer must issue a certificate that demonstrates that the construction work was
carried out in conformity with the low ammonia emission animal housing techniques described in the
list established by the order of the Flemish minister competent for the environment. This certificate is

 VLAREM II
 Consolidated version of 7 March 2012                                                                 Page 1/14
kept available for perusal by the supervisory authority.
§ 3.
Animal housing that was built according to animal housing techniques considered as low ammonia
emission by virtue the order of the Flemish minister competent for the environment maintains its
status of low ammonia emission animal housing, even if the technique is not con-sidered as such by
following ministerial orders for the establishment of low ammonia emission animal housing
techniques. With the conversion of this animal housing, where the rebuilding has a negative impact on
the emission of ammonia, the requirements for low ammonia emission ani-mal housing as included in
the most recent version of the list must be complied with.

Storage sites for solid animal manure outside animal housing

Article 5.9.2.2.
§ 1.
Permanent storage sites for solid animal manure outside animal housing must be equipped with a
floor made of hardened material. The floor must be manureproof. If this proves necessary, the
manureproofness must be ensured by the application of a manure-resistant impermeable layer.

These storage sites must be enclosed on three sides by manureproof walls of sufficient height, which
must meet the same requirements as the floor. The fourth side must be provided in such a way that
the washing away of drained water and rainwater from this permanent storage site is not possible.
§ 2.
The floor is made in such a way that thin manure and drainage water are collected in manureproof,
closed storage spaces (slurry pits).
§ 3.
The location is chosen in such a way that odour nuisance for the surrounding land is prevented or
restricted to the normal level of nuisance caused by neighbours.
§ 4.
It is forbidden to equip these storage sites for solid animal manure and the relevant slurry pits with
overflows or drainage channels to a surface water, a public sewer, an artificial drainage route for
rainwater or a septic pit.
§ 5.
Unless otherwise specified in the environmental license, an installation must, where solid animal
manure is produced on site, have one or more manure storage areas for solid animal manure with a
total capacity sufficient to stock at least the quantity of solid animal manure produced in a six-month
period by those animals it is permitted to keep on the basis of the number of animal stalls in the
livestock building(s). By no later than 31 December 2011, this capacity shall be raised to a quantity
corresponding to 9 months in the case of animals kept permanently in stalls. By way of derogation
from the provisions above, this period shall be at least 3 months in the case of stable manure.

The necessary volume must be calculated on the basis of the directives for storage capacity for
manure mentioned in appendix 5.9., section 7.

These provisions are considered to be complied with if the operator of the establishment can prove to
be able to prevent in another regulatory manner that the aforementioned quantity of ma-nure or part
thereof is spread on agricultural land during the period concerned.

Storage sites for slurry

Article 5.9.2.3.
§ 1.
Unless otherwise specified in the environmental license, an installation producing mixed manure must
have one or more manure storage areas with a total capacity sufficient to stock at least the quantity
of manure produced in a six-month period by those animals it is permitted to keep on the basis on the
number of animal stalls in the livestock building(s).

By no later than 31 December 2011, this capacity shall be raised to a quantity corresponding to 9
months in the case of animals kept permanently in stalls. The required volume shall be calculated in
accordance with the manure storage capacity guidelines stated in Appendix 5.9, Chapter 7.

These provisions are also assumed to have been satisfied if the operator of an installation is able to
demonstrate under other regulations that, in the period in question, he was able to avoid spreading
some or all of the aforementioned manure on arable land.
§ 2.
The floor, the walls and the ducts forming the connections to the animal housing or to other storage
spaces must be constructed from durable and sound materials according to the rules of good
workmanship as indicated in appendix 5.9., chapter 1 or 2 to this order. The construction work is to
be performed under the supervision of a certified architect, an engineering architect, a civil
architectural engineer, an industrial architectural engineer, an agricultural engineer or a bio-engineer,

 VLAREM II
 Consolidated version of 7 March 2012                                                              Page 2/14
in such a way that the nuisance for the environment is prevented or restricted to the normal level of
nuisance caused by neighbours.

As a derogation from previous provision, for existing establishments it is also allowed that the storage
sites of slurry associated with the establishment meet the conditions indicated in appendix 5.9.,
chapter 3 (foil basins and manure storage bags). Storage sites for slurry may be built either
underground, at ground level or above ground level.
§ 3.
It is forbidden to equip these storage sites for slurry with overflows or drainage channels to a surface
water, a public sewer, an artificial drainage route for rainwater or a septic pit.
§ 4.
Excepting the required vent pipes, storage sites located outside the animal housing must be closed off
from the open air.

For storage sites intended for the storage of effluents with a low level of ammoniacal nitrogen as
determined in the fertilizer decree originating from manure handing or manure processing in-
stallations, this can be derogated from in the environmental licence.
§ 5.
   1. The suction and filling pipes used for the emptying and possibly also for the filling of manure
        basements as well as the apertures needed for mixing the contents of slurry basements must
        be located outside the animal housing. A manureproof facility must be provided, where slurry
        spilt during filling or emptying is collected. A slurry basement must be constructed in such a
        way that above the manure in the basement there can never be spaces that are completely
        closed off from the open air.
   2. With other types of slurry storage places, a manureproof spillage well with a capacity of at least
        125 litres must be provided at the filling and suction pipe; pipes and valves not fitted at a frost-
        free depth must be protected against freezing; there must be at least two valves fitted in a
        filling or drainage line which may come under the pressure of the content of the storage site;
        the outer valve must be able to be shut using a safety lock; in ducts in which a siphoning action
        can occur, valves or venting provisions must be provided.
§ 6.
Within a water abstraction area and/or protected zone of type I, II or III, only slurry basements with
base and upright walls made of reinforced concrete, in accordance with current Belgian and/or
European standards and regulations, or manure storage silos, may be used. If other materials are
used, the soundness of the proposed construction must be justified by means of an expert study. This
study is kept available to the supervisory authority.

Places provided for manure treatment or manure processing installations

Article 5.9.2.4.
§ 1.
With the use of an installation for the treatment or the processing of animal manure, the necessary
measures will be taken in order to ensure that any spilt manure can be col-lected and replaced in the
existing manure storage facility.

The operator takes all necessary measures with the objective of ensuring that cleaning water,
leachate or manure cannot enter the soil, and certainly cannot arrive in drains intended for the
drainage of rainwater

Section 5.9.3. General conditions with respect to the location of animal housing
Article 5.9.3.1.
[...]
§ 1.
[...]
§ 2.
[...]

Section 5.9.4. Additional conditions with respect to the location of sties


Rating

Article 5.9.4.1.
According to the design of the sty on the one hand, and the layout of the slurry storage facilities on
the other hand, each sty and/or slurry storage facility associated with the establishment is rated with
a score expressed in points as follows:



 VLAREM II
 Consolidated version of 7 March 2012                                                                Page 3/14
Description                             Rating

 1. Animal housing systems:

        a. sty equipped with a system for slurry removal several times per day (cf.
                                                                                      80
        manure wash system)


        b. housing with dry litter waste management system (enzymes - compost)        80


        c. deep litter housing, i.e. animal housing where at regular intervals the
        animals are provided with a sufficient quantity of litter and where the
                                                                                      60
        bedding is disposed of only after a complete housing period - after the
        animals have been taken outside;

        d. animal housing with solid floor, with bedding (including concrete slabs
                                                                                      30
        with tapered apertures, the so-called "straw slats");

        e. animal housing floor with a slatted area of over 50 %;
        Note: animal housing floor should be understood as the floor of the area      20
        where the animals are actually kept.

        f. animal housing floor with a slatted area of 50 % or less                   10


        g. animal housing with solid floors, without bedding.                         10


        h. low ammonia emission animal housing                                        110



 2. Ventilation systems for animal housing:

        a. Mechanical ventilation systems connected to an odour abatement
                                                                                      110
        installation;


        b. Mechanical ventilation systems, not connected to an odour abatement
        installation;


                1. With vertical emission:


                       a. exhaust opening 0.5 m or more above the
                       ridge of the roof:


                               without cowl                                           50


                               with cowl                                              30


                       b. exhaust opening less than 0.5 m above the
                       ridge of the roof:


                               without cowl                                           40


                               with cowl                                              20


                2. With lateral emission                                              10




VLAREM II
Consolidated version of 7 March 2012                                                   Page 4/14
c. Natural ventilation systems:


                 1. without cover (open ridge air chimney)                                      20


                 2. with cover                                                                  10



  3. The storage of solid animal manure:

         a. dunghill enclosed on three sides;                                                   50


         b. transporter;                                                                        50

         c. deep litter housing, i.e. animal housing where at regular intervals the
         animals are provided with a sufficient quantity of litter and where the
                                                                                                0
         bedding is disposed of only after a complete housing period - after the
         animals have been taken outside;


  4. The storage of slurry

         a. storage inside the animal housing:

                 manure basement under the floor of the housing, without stench
                                                                                                20
                 trap;


                 manure basement under grate, without stench trap;                              20


                 manure basement under grate, with stench trap, with limited storage
                                                                                                50
                 time (max. 3 weeks)

         b. storage outside the animal housing:


                 closed storage;                                                                50


                 simple cover;                                                                  30


                 open storage.                                                                  0



For new systems that do not appear in this table the applicant may provide a proposal, stating
reasons, for the determination of the rating, on the basis of an approach equivalent to that shown in
the table above. This proposal may be attached to either the environmental licence file, or to the
application for a derogation to the provisions of these regulations.

Rating per establishment

Article 5.9.4.2.
The rating to be taken into consideration for the establishment is calculated as specified below.
   1. Sties:
           a. Per sty:
              Each sty belonging to the establishment is given a rating "Wst", which is the sum of the
              scores awarded in accordance with article 5.9.4.1. to the housing system (in point 1) of
              article 5.9.4.1.) and to the ventilation system (in point 2) of article 5.9.4.1.).
           b. For all sties belonging to the establishment:
              If the establishment encompasses several sties, all sties belonging to the establishment
              are awarded a joint rating "Wv", which is the weighted average calculated as follows:


 VLAREM II
 Consolidated version of 7 March 2012                                                               Page 5/14
where:
               Wv = the rating awarded to all of the sties belonging to the establishment;
               Σ (W stn × Vstn) = the sum of the products per sty of the rating for the sty and the
               number of places for pigs in that sty;
               Σ Vstn = the sum of the number of places for pigs for all of the sties belonging to the
            establishment.
   2. The storage of solid animal manure and slurry:
        1. Per manure storage facility:
            In accordance with article 5.9.4.1. a rating is awarded to each solid animal manure
            storage facility (cf. point 3) of article 5.9.4.1.) and to each slurry storage facility (cf.
            point 4) of article 5.9.4.1.) belonging to the establishment.
        2. For all manure storage facilities belonging to the establishment:
            If the establishment encompasses several manure storage facilities, all facilities
            belonging to the establishment are awarded a joint rating "Wm", which is the weighted
            average calculated as follows:




               where:
               Wm = the rating awarded to all slurry and solid animal manure storage facilities
               belonging to the establishment;
               Σ (W Mon × A) = the sum of the products per manure or slurry storage facility of the
            rating for the storage facility and of the number of animals of which the slurry or manure
            is collected in that storage facility;
            Σ A = the sum of the number of animals of which the manure is collected in the storage
            facility concerned.
   3. The establishment:
      The rating awarded to the establishment is equal to the sum of the ratings awarded in
      accordance with points 1° and 2° above to all the sties belonging to the establishment, on the
      one hand, and to the manure storage facilities belonging to the establishment, on the other
      hand.

Prohibitory rules and stipulations of distances to be observed

Article 5.9.4.3.
It is forbidden to operate pig farms if they are located:
    1. wholly or partially in a catchment basin and/or type I, II or III protected zone;
    2. wholly or partially in an area other than an agricultural area.

Article 5.9.4.4.
At least the following distance must be maintained between each sty and/or storage area for solid
animal manure or mixed manure in an installation located in an agrarian area on the one hand, and
any residential development area, natural area of scientific value or nature reserve, area for
residential recreation or residential area other than a residential area with a rural character indicated
on the regional plan, or any forestry reserve indicated in the Forest Decree of 13 June 1990 on the
other hand, based on the number of pigs kept in the installation, expressed as pig units, and on the
number of rating points awarded to the installation pursuant to Article 5.9.4.2:

                              Minimum distance in metres for the following numbers of pig units
    Rating points
       awarded
                           100 to       501 to     1 051 to       1 576 to     2 101 to     more than
  to the installation
                            500          1050        1575          2 100        2 625        2 625


         <50                250          300          350       prohibition   prohibition   prohibition

      50 − 100              200          225          250           300          350           400

 VLAREM II
 Consolidated version of 7 March 2012                                                                Page 6/14
101 − 150             100         150           200             250      300         350

      151 − 200              50         100           150             200      250         300

         > 200               50           50          100             150      200         300
for the application of the abovementioned provisions:
       one sow and piglets shall be equivalent to 2.5 pig units; any other pig > 10 weeks shall be
       equivalent to l pig unit. ;
       any other pig > 10 weeks shall be equivalent to l pig unit. ;

Article 5.9.4.5.
[...]

Translation not available
§ 1.
[...]
§ 2.
[...]

Section 5.9.5. Additional conditions with respect to the location of poultry houses


Rating

Article 5.9.5.1.
§ 1.
According to the design of the poultry house on the one hand, and the layout of the manure storage
facilities on the other hand, each poultry house and/or manure storage facility associated with the
establishment is rated with a score expressed in points as follows:


 Description                                                                                     Rating

  1. Animal housing systems:

         a. litter-covered floor (dry manure);                                                   60


         b. latted floor (thin manure);                                                          20


         c. battery without forced drying of manure:


                   open manure storage underneath the battery;                                   20


                   regular removal of the manure to a holding tank;                              40


                   daily removal of the manure to a holding tank;                                80

         d. battery with forced drying of the manure using fans, ceiling fans or a
         comparable system (e.g. deep pit system or high rise system housing,
                                                                                                 110
         flushing gutter manure removal system housing, battery with belt for
         removing manure and manure drying system).

         e. low ammonia emission animal housing                                                  110



  2. Poultry house ventilation system:

         a. Mechanical ventilation systems connected to an odour abatement                       110
         installation;


         b. Mechanical ventilation systems, not connected to an odour abatement

 VLAREM II
 Consolidated version of 7 March 2012                                                             Page 7/14
installation;


                 1. With vertical emission:


                         a. exhaust opening 0.5 m or more above the
                         ridge of the roof


                                 without cowl                                                       50


                                 with cowl                                                          30

                         b. exhaust opening less than 0.5 m above the
                         ridge of the roof


                                 without cowl                                                       40


                                 with cowl                                                          20


                 2. With lateral emission;                                                          10


         c. Natural ventilation systems


                 1. without cover (open ridge air chimney);                                         20


                 2. with cover                                                                      10



  3. Manure storage

         no manure storage (immediate removal);                                                     50

         sealed storage;                                                                            40

         simple cover;                                                                              30

         open storage, open flushing gutters.                                                       0



For new systems that do not appear in this table the applicant may provide a reasoned proposal for
the determination of the rating, on the basis of an approach equivalent to that shown in the table
above. This proposal may be attached to either the environmental licence file, or to the application for
a modification to the provisions of these regulations.

Rating per establishment

Article 5.9.5.2.
The rating to be taken into consideration for the establishment is calculated as specified below.
   1. Poultry houses:
           a. Per poultry house:
              Each poultry house belonging to the establishment is given a rating "Wst", which is the
              sum of the scores awarded in accordance with article 5.9.5.1. to the housing system (in
              point 1) of article 5.9.5.1.) and to the ventilation system (in point 2) of article 5.9.5.1.).
           b. For all poultry houses belonging to the establishment:
              If the establishment encompasses several poultry houses, all poultry houses belonging to
              the establishment are awarded a joint rating "Wp", which is the weighted average

 VLAREM II
 Consolidated version of 7 March 2012                                                                   Page 8/14
calculated as follows:




               where:
               Wp = the rating awarded to all of the poultry houses belonging to the establishment;
               Σ (W stn × Pstn) = the sum of the products per poultry house of the rating for the poultry
               house and the number of places for poultry in that poultry house;
               Σ P stn = the sum of the number of poultry that can be kept in all the poultry houses
           belonging to the establishment.
   2. Manure storage facilities:
        a. Per manure storage facility:
           With respect to the storage of manure (cf. point 3) of article 5.9.5.1.) belonging to the
           establishment, a rating is awarded in accordance with article 5.9.5.1.
        b. For all manure storage facilities belonging to the establishment:
           If the establishment encompasses several manure storage facilities, all facilities
           belonging to the establishment must be awarded a joint rating "Wm", which is a
           weighted average calculated as follows:




               where:
               Wm = the rating awarded to all manure storage facilities belonging to the establishment;
             Σ (W Mon × QMon) = the sum of the products per manure storage facility of the rating for
             the facility and of the number of animals of which the manure is collected in that facility;
             Σ A = the sum of the number of animals of which the manure is collected in the storage
             facility concerned.
   3. The establishment:
      The rating awarded to the establishment is equal to the sum of the ratings awarded in
      accordance with points 1° and 2° above to all the poultry houses belonging to the
      establishment, on the one hand, and to the various types of manure storage facilities belonging
      to the establishment, on the other hand.

Prohibitory rules and stipulations of distances to be observed

Article 5.9.5.3.
§ 1.
The operation of establishments comprising one or more poultry houses with slurry manure and
wholly or partly located in a water abstraction area and/or type I, II or III protected zone is forbidden,
irrespective of the number of poultry kept at the establishment.
§ 2.
Translation not available
§ 3.
The operation of establishments comprising one or more poultry houses with a joint total of over
10.000 animals located wholly in areas other than agrarian areas is forbidden.
§ 4.
The minimum distance to be observed, as measured from each animal housing facility and/or manure
storage facility at an establishment located in a rural residential area, on the one hand, to each of the
residential development areas, conservation areas with scientific value or nature reserves, forestry
reserves, areas for residential recreation and residential areas other than a rural residential area,
indicated in the regional land-use plan on the other hand, is laid down in the following table according
to the number of animals that are kept at the establishment and according to the rating calculated for
the establishment in accordance with article 5.9.5.2.:

                                                      Required minimum distance in metres at the
                                                      number of poultry indicated
  Rating awarded to the establishment                 < 5000             fram 5.001 to 10.000
  < 75                                                100                150
  75 - 150                                            75                 100
  151 or more                                         50                 75
In an establishment comprising one or more poultry houses and located wholly in a rural residential
area, it is forbidden to keep more chickens or other poultry than the number allowed according to the
aforementioned criteria and the stipulations of distances to be observed.

 VLAREM II
 Consolidated version of 7 March 2012                                                               Page 9/14
§ 5.
The minimum distance to be observed, as measured from each animal housing facility and/or storage
facility for slurry or solid animal manure at the establishment, to each of the residential development
areas, conservation areas with scientific value or nature reserves, forestry reserves, areas for
residential recreation and residential areas other than a rural residential areas indicated on the
regional land-use plan, is laid down in the following table according to the number of animals that can
be kept at the establishment and according to the rating calculated for the establishment in
accordance with article 5.9.5.2.:
        Rating granted Minimum distance requirement in m relating to number of poultry units
             to the      < 5000       from      from       from      from        from         >
          installation               5,001     10,001     20,001    40,001      60,001      80.000
                                        to        to         to        to          to
                                    10,000     20,000     40,000    60,000      80,000
       < 75                    100    150       200        300        400     prohibition prohibition
       75 - 150                 75    100       150        225        300     prohibition prohibition
       151 - 200                50     75       100        150        200         250        300
       > 200                    50     75       100        150        200         225        250

In an establishment comprising one or more poultry houses and located wholly in an agrarian area, it
is forbidden to keep more chickens or other poultry than the number allowed according to the
aforementioned criteria and the stipulations of distances to be observed.
§ 6.
[...]

Section 5.9.6. Additional conditions with respect to the location of animal housing
other than sties and poultry houses
Article 5.9.6.1.
§ 1.
For mixed establishments comprising both sties and/or poultry houses, the requirements referred to in
this chapter - including the prohibitory rules and stipulations of distances to be observed - are
applicable without prejudice to the sties and the poultry houses belonging to the mixed establishment.
§ 2.
Without prejudice to the particular conditions that can be imposed in the environmental licence, for
animal housing other than sties and poultry houses the following prohibitory rules apply:
   1. The operation is forbidden of establishments comprising one or more animal housing facilities
       other than sties and poultry houses, irrespective of the number of animals that are kept at the
       establishment, if these establishments are wholly or partly located in a water abstraction area
       and/or a type I, II or III protected zone;
   2. The operation is forbidden of establishments comprising one or more animal housing facilities
       other than sties and poultry houses with a joint total of over 200 weaned native large mammals
       (sections 9.4.2., 9.4.3. and 9.5. of the classification list), over 2.000 weaned native small
       ruminants (section 9.6 of the classification list) or over 10.000 weaned rabbits, rodents, etc.
       (section 9.7 of the classification list), if the establishments are located wholly in areas other
       than rural residential areas or agrarian areas.

       The same numbers apply when several of these categories of animals are combined. The
       following conversion factor must be used: 1 weaned native large mammal = 10 weaned native
       small ruminants = 50 weaned rabbits, rodents, etc.

      In addition, it is prohibited to operate establishments where over ten dogs are kept if these
      establishments are located in a residential area other than a rural residential area, or in a
      residential development area.
   3. The operation is forbidden of establishments comprising one or more animal housing facilities
      other than sties and poultry houses with a joint total of over 500 weaned native large mammals
      (sections 9.4.2., 9.4.3. and 9.5. of the classification list), over 5,000 weaned native small
      ruminants (section 9.6 of the classification list) or over 25,000 weaned rabbits, rodents, etc.
      (section 9.7 of the classification list), if the establishments are located wholly in areas other
      than agrarian areas. The same numbers apply when several of these categories of animals are
      combined.

       The following conversion factor must be used:

       1 weaned native large mammal = 10 weaned native small ruminants = 50 weaned rabbits,
       rodents, etc.
§ 3.
The prohibitions and stipulations of distances stated in §1 and §2 do not apply to animal testing
installations. Pursuant to these provisions, animal testing installation shall mean: any installation at

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 Consolidated version of 7 March 2012                                                              Page 10/14
which living vertebrates, including larval forms which are free living and/or capable of reproduction,
excluding other foetal or embryonic forms, are kept and used in tests or kept with a view to testing,
excluding installations at which cattle are kept for practical examination.

Section 5.9.7. Conditions concerning control establishments

Article 5.9.7.1.
§ 1.
In establishments with slurry in which either over 2,500 pigs, or over 1,500 native large mammals
other than pigs, or over 40,000 poultry can be kept, or in establishments that are wholly or partly
located within protected zones for groundwater abstraction, at the operator's expense observation
pipes (measuring wells) are placed judiciously.

The observation pipes are to be made of a material that cannot be affected by the stored liquids. They
are fitted according to the rules of good workmanship as shown in appendix 5.9. to this order or
according to another equivalent code of good practice.

The number of pipes and the nature of their placement, as well as the type used and their length are
determined after consultation with the Department, competent in matters concerning environmental
licences and, where appropriate, with the operator of the water abstraction facility to be protected.
§ 2.
However, after consultation with the Department, competent in matters concerning environmental
licences and, where appropriate, with the operator of the water abstraction facility to be protected,
the observation pipes referred to under § 1. may be replaced by equivalent control facilities taking
into account the hydrogeological information about the ground.
§ 3.
The plans for the work and the drilling reports of the observation pipes or monitoring facilities referred
to in § 1 and § 2 above are made available to the Department, competent in matters concerning
environmental licences.

Section 5.9.8. Conditions with respect to the limitation of environmental
nuisance


Conditions with respect to the limitation of environmental nuisance

Article 5.9.8.1.
§ 1.
The ventilation of animal housing, whether mechanical or natural, must be performed in such a way
that pollution of the ambient air is prevented or restricted to the normal level of nuisance caused by
neighbours.
§ 2.
Insofar as they do not have a function for ventilation, windows should be kept closed. Outside doors
that are not designed to play a role in the ventilation of the animal housing must only be opened to
allow people, animals or goods to enter the building, or in the event of force majeure

The prevention of nuisance caused by dust originating from dry fodder

Article 5.9.8.2.
Dry fodder which may give rise to nuisance caused by dust is to be stored either in silos or to be kept
in packaged form.
Measures are taken to prevent the undesired spreading of dust with the filling of the fodder silos, or
restrict it to a limit value that is acceptable from an ecological point of view.

Manure

Article 5.9.8.3.
§ 1.
It is forbidden to spread or store solid animal manure or slurry within the establishment but outside
the storage spaces provided specifically for this purpose.
§ 2.
[...]
§ 3.
The produced animal manure must be disposed of in an ecologically sound manner, in accordance
withthe Decree of 22 December 2006 on the protection of water against nitrate contamination from
agricultural sources and the executive decisions providing for its enforcement.

General measures for environmental protection
 VLAREM II
 Consolidated version of 7 March 2012                                                             Page 11/14
Article 5.9.8.4.
§ 1.
The establishment itself, the animals and the close vicinity being the property of the establishment
must be kept in a satisfactory hygienic state. A reliable water supply must be ensured.
§ 2.
The maximum number of animals in each animal housing is limited by the type and size of housing
according to technical agricultural standards.
The maximum number of animals indicated in the licence or in the notification may not be exceeded.
§ 3.
Effective measures must be taken to control vermin such as rats, mice and insects.
§ 4.
Without prejudice to the regulatory provisions concerned, carcasses may not be buried in the
establishment's land. The operator takes the steps required to separate the carcasses from the
healthy animals without delay, in order for them to be collected as soon as possible by an
establishment as referred to in subsection 2.11 of the classification list. In anticipation and to prevent
further infection:
   1. - body parts, organs and carcasses of small animals (poultry, rabbits, piglets up to approx. 20
       kg, etc.) must be kept in sealed carcass holders;
   2. - carcasses of medium-sized animals (pigs, calves, sheep etc.) must be kept at a dedicated
       carcass site, which must be easy to clean and disinfect and made of hard materials, with a
       fitting closed cover made of a durable and easy to maintain material; this carcass site must be
       easily recognisable and easy to reach by the collection vehicle of the establishment referred to
       in subsection 2.11 of the classification list;
   3. - carcasses of large animals (cattle, horses, etc.) must be kept under a fitting closed cover
       made of durable and easy to maintain material;
   4. -all other measures must be taken to prevent contact with third parties.

       The cover referred to in points 2° and 3° must be such that cats, dogs, other animals and
       insects can not get to the carcasses.
§ 5.
Kitchen waste and/or other waste intended for the feeding of the animals must be kept in closed
receptacles that can be cleaned easily

Waste waters

Article 5.9.8.5.
§ 1.
Any discharge of manure - whether as liquid manure, slurry or in any other form - into the public
sewers, an artificial drainage route for rainwater or in a surface water is prohibited. This prohibition
does not apply to the discharge of effluent after the treatment or the processing of animal manure if
the necessary licence (heading 3) has been granted.
§ 2.
All animal manure in liquid form as well as the leachate originating from manure must be collected in
a manureproof storage facility in or outside the animal housing.
§ 3.
The discharge of run-off and/or waste waters originating from the cleaning of the establishment is
subject to the requirements applicable to the establishments referred to in sections 3 and 52 of the
classification list.

Section 5.9.9. Conditions concerning monitoring

Article 5.9.9.1.
The operator must ensure that the establishment is kept in good condition - in particular the animal
housing, the storage facilities for manure and slurry and accessories - by regular maintenance and
checks.

Article 5.9.9.2.
§ 1.
The operator of an establishment as meant in article 5.9.7.1 § 1 checks the groundwater for the
presence of slurry originating from leaks at least every 3 months.
§ 2.
Furthermore, at the expense of the operator referred to in § 1, at least every three years a
groundwater examination will take place by an accredited laboratory specialising in groundwater
examinations.

The operator sends a copy of the analysis results to the Department, competent in matters concerning
environmental enforcement and, where appropriate, to the operator of the water abstraction to be
protected. The operator of an establishment located in a protected zone must also allow the checking

 VLAREM II
 Consolidated version of 7 March 2012                                                              Page 12/14
of the measuring wells by the relative water authority when this authority so requests.
§ 3.
If it appears from the observation pipes or equivalent monitoring facilities referred to in § 1 or from
other observations that the manureproofness of the animal housing or manure storage sites is no
longer assured, the operator will take the necessary measures to restore the manureproofness as
quickly as possible. In anticipation of the repair, no young or additional animals may be brought in.
The execution of the repairs must be attested by a certified architect, an engineering architect, a civil
architectural engineer, an industrial architectural engineer, an agricultural engineer (farm
construction) or an agricultural bio-engineer (agricultural engineering).

Article 5.9.9.3.
With the final putting out of use of a manure storage site, the storage site must be completely
emptied.

Here the necessary measures must be taken related to protection against explosion and the
prevention of soil, surface area and groundwater pollution.

Article 5.9.9.4.
§ 1.
The operator must inform the Department, competent in matters concerning environmental
enforcement, the Governor of the Province and the Burgomaster of the municipality where the
establishment is located without delay of any leakage of fluids that may give rise to ground pollution
or to infiltration into the sewer system, surface water, groundwater or on adjacent properties.
§ 2.
If the operator is aware of any serious pollution related to the operation of the establishment, in
particular on the basis of the controls referred to in the articles 5.9.9.1. and/or 5.9.9.2., he must
report this to the Department, competent in matters concerning environmental enforcement referred
to in § 1 immediately.

Section 5.9.10. Conditions concerning existing animal housing and manure
storage sites

Article 5.9.10.1.
Without prejudice to the conditions imposed in the environmental licence, the existing animal housing
and manure storage facilities must meet the conditions specified in articles 5.9.2.1. § 3, 5.9.2.2. §§ 1,
2 and 4 and 5.9.2.3. § 1 and in sections 5.9.7. up to and including 5.9.9. of this order within the
period of 1 year from the date of this order coming into force.

Section 5.9.11. Additional conditions with respect to manure handing and/or
manure processing with animal housing


Follow-up of the nutrient flow

Article 5.9.11.1.
The operator shall maintain a register of all manure treatment and/or manure processing.

Article 5.9.11.2.
The operation of manure handling and manure processing installations must suffice with regard to the
provisions mentioned in article 5.28.3.4.2, 5.28.3.5.1, 5.28.3.5.2 and 5.28.3.5.3.

section 5.9.12. Environmental conditions relating to installations at which dogs
are kept

Article 5.9.12.1.
The conditions of this section apply to the installations stated in section 9.9 of the classification list.

Article 5.9.12.2.
The installation shall be enclosed by a fence to prevent the animals from escaping. On the sides facing
residential buildings or the public highway, this fence shall be made of nontransparent elements and
have a minimum height of two metres. A lockable gate must be provided to prevent access by
unauthorised persons.

The kennels shall be adequately sound-proofed and greenery shall be planted around the kennels and
play areas to ensure that the animals are not disturbed by the environment.

Any activity likely to disturb the peace and quiet is prohibited between the hours of 22.00 and 07.00.

 VLAREM II
 Consolidated version of 7 March 2012                                                                 Page 13/14
Between the hours of 22.00 and 07.00, the dogs are to be kept indoors unless otherwise stated in the
environmental license.

Cadavers must be removed for destruction by a relevant company. Pending collection, the bodies shall
be stored in a sealed container.




VLAREM II
Consolidated version of 7 March 2012                                                         Page 14/14

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Rregullore e hollandes

  • 1. VLAREM II Order of the Flemish Government of 1 June 1995 concerning General and Sectoral provisions relating to Environmental Safety Chapter 5.9. ANIMALS Section 5.9.1. Area of application Article 5.9.1.1. § 1. The provisions of this chapter are applicable to the establishments referred to in subsections 9.3, 9.4, 9.5, 9.6, 9.7, 9.8 and 9.9 of the classification list as well as to the storage sites for manure referred to in subsection 28.2 of the classification list that are associated with the aforementioned establishments. Article 5.9.1.2. [...] Section 5.9.2. Construction regulations for animal housing and manure storage sites and places for manure treatment and manure processing Animal housing Article 5.9.2.1. § 1. Animal housing must be built using durable and sound materials, in accordance with a code of good practice or - failing such code - according to the rules of good workmanship, under the supervision of a certified architect, an engineering architect, a civil architectural engineer, an industrial architectural engineer, an agricultural engineer or a bio-engineer, in such a way that the nuisance for the environment is prevented or restricted to the normal level of nuisance caused by neighbours. § 2. The full floor surfaces in animal housing must be made of hardened material. They must be manureproof. If this proves necessary, the manureproofness must be ensured by the application of a manure-resistant impermeable layer. These floor surfaces must be sloping, to ensure the easy removal of manure, slurry or flush water. § 3. It is forbidden to equip these floor surfaces of animal housing, manure ducts and slurry tanks with overflows or drainage channels to a surface water, a public sewer, an artificial drainage route for rainwater or a septic pit. Additional construction conditions for animal housing with respect to the limitation of the emission of ammonia Article 5.9.2.1bis. § 1. For all poultry and pig farms for which an environmental licence is granted for: the operation of a new installation, whether or not in combination with the complete discon- tinuation of an existing cattle breeding establishment the changing of an existing cattle breeding establishment, whereby one or a multiple of new animal housings are built the changing of an existing cattle breeding establishment by the amalgamation of cattle breed- ing establishments, whereby one or a multiple of new animal housing are also built the newly to be built animal housing must be low in ammonia emissions if, for the animal cate-gory concerned, a technique is included in the list of low ammonia emission animal housings established by the order of the Flemish minister competent for the environment. § 2. After the finishing of the construction of a low ammonia emission animal housing and the provision of the different low ammonia emission animal housing systems included therein, a su-pervisory architect, engineering architect, civil architectural engineer, industrial architectural en-gineer, agricultural engineer or bio-engineer must issue a certificate that demonstrates that the construction work was carried out in conformity with the low ammonia emission animal housing techniques described in the list established by the order of the Flemish minister competent for the environment. This certificate is VLAREM II Consolidated version of 7 March 2012 Page 1/14
  • 2. kept available for perusal by the supervisory authority. § 3. Animal housing that was built according to animal housing techniques considered as low ammonia emission by virtue the order of the Flemish minister competent for the environment maintains its status of low ammonia emission animal housing, even if the technique is not con-sidered as such by following ministerial orders for the establishment of low ammonia emission animal housing techniques. With the conversion of this animal housing, where the rebuilding has a negative impact on the emission of ammonia, the requirements for low ammonia emission ani-mal housing as included in the most recent version of the list must be complied with. Storage sites for solid animal manure outside animal housing Article 5.9.2.2. § 1. Permanent storage sites for solid animal manure outside animal housing must be equipped with a floor made of hardened material. The floor must be manureproof. If this proves necessary, the manureproofness must be ensured by the application of a manure-resistant impermeable layer. These storage sites must be enclosed on three sides by manureproof walls of sufficient height, which must meet the same requirements as the floor. The fourth side must be provided in such a way that the washing away of drained water and rainwater from this permanent storage site is not possible. § 2. The floor is made in such a way that thin manure and drainage water are collected in manureproof, closed storage spaces (slurry pits). § 3. The location is chosen in such a way that odour nuisance for the surrounding land is prevented or restricted to the normal level of nuisance caused by neighbours. § 4. It is forbidden to equip these storage sites for solid animal manure and the relevant slurry pits with overflows or drainage channels to a surface water, a public sewer, an artificial drainage route for rainwater or a septic pit. § 5. Unless otherwise specified in the environmental license, an installation must, where solid animal manure is produced on site, have one or more manure storage areas for solid animal manure with a total capacity sufficient to stock at least the quantity of solid animal manure produced in a six-month period by those animals it is permitted to keep on the basis of the number of animal stalls in the livestock building(s). By no later than 31 December 2011, this capacity shall be raised to a quantity corresponding to 9 months in the case of animals kept permanently in stalls. By way of derogation from the provisions above, this period shall be at least 3 months in the case of stable manure. The necessary volume must be calculated on the basis of the directives for storage capacity for manure mentioned in appendix 5.9., section 7. These provisions are considered to be complied with if the operator of the establishment can prove to be able to prevent in another regulatory manner that the aforementioned quantity of ma-nure or part thereof is spread on agricultural land during the period concerned. Storage sites for slurry Article 5.9.2.3. § 1. Unless otherwise specified in the environmental license, an installation producing mixed manure must have one or more manure storage areas with a total capacity sufficient to stock at least the quantity of manure produced in a six-month period by those animals it is permitted to keep on the basis on the number of animal stalls in the livestock building(s). By no later than 31 December 2011, this capacity shall be raised to a quantity corresponding to 9 months in the case of animals kept permanently in stalls. The required volume shall be calculated in accordance with the manure storage capacity guidelines stated in Appendix 5.9, Chapter 7. These provisions are also assumed to have been satisfied if the operator of an installation is able to demonstrate under other regulations that, in the period in question, he was able to avoid spreading some or all of the aforementioned manure on arable land. § 2. The floor, the walls and the ducts forming the connections to the animal housing or to other storage spaces must be constructed from durable and sound materials according to the rules of good workmanship as indicated in appendix 5.9., chapter 1 or 2 to this order. The construction work is to be performed under the supervision of a certified architect, an engineering architect, a civil architectural engineer, an industrial architectural engineer, an agricultural engineer or a bio-engineer, VLAREM II Consolidated version of 7 March 2012 Page 2/14
  • 3. in such a way that the nuisance for the environment is prevented or restricted to the normal level of nuisance caused by neighbours. As a derogation from previous provision, for existing establishments it is also allowed that the storage sites of slurry associated with the establishment meet the conditions indicated in appendix 5.9., chapter 3 (foil basins and manure storage bags). Storage sites for slurry may be built either underground, at ground level or above ground level. § 3. It is forbidden to equip these storage sites for slurry with overflows or drainage channels to a surface water, a public sewer, an artificial drainage route for rainwater or a septic pit. § 4. Excepting the required vent pipes, storage sites located outside the animal housing must be closed off from the open air. For storage sites intended for the storage of effluents with a low level of ammoniacal nitrogen as determined in the fertilizer decree originating from manure handing or manure processing in- stallations, this can be derogated from in the environmental licence. § 5. 1. The suction and filling pipes used for the emptying and possibly also for the filling of manure basements as well as the apertures needed for mixing the contents of slurry basements must be located outside the animal housing. A manureproof facility must be provided, where slurry spilt during filling or emptying is collected. A slurry basement must be constructed in such a way that above the manure in the basement there can never be spaces that are completely closed off from the open air. 2. With other types of slurry storage places, a manureproof spillage well with a capacity of at least 125 litres must be provided at the filling and suction pipe; pipes and valves not fitted at a frost- free depth must be protected against freezing; there must be at least two valves fitted in a filling or drainage line which may come under the pressure of the content of the storage site; the outer valve must be able to be shut using a safety lock; in ducts in which a siphoning action can occur, valves or venting provisions must be provided. § 6. Within a water abstraction area and/or protected zone of type I, II or III, only slurry basements with base and upright walls made of reinforced concrete, in accordance with current Belgian and/or European standards and regulations, or manure storage silos, may be used. If other materials are used, the soundness of the proposed construction must be justified by means of an expert study. This study is kept available to the supervisory authority. Places provided for manure treatment or manure processing installations Article 5.9.2.4. § 1. With the use of an installation for the treatment or the processing of animal manure, the necessary measures will be taken in order to ensure that any spilt manure can be col-lected and replaced in the existing manure storage facility. The operator takes all necessary measures with the objective of ensuring that cleaning water, leachate or manure cannot enter the soil, and certainly cannot arrive in drains intended for the drainage of rainwater Section 5.9.3. General conditions with respect to the location of animal housing Article 5.9.3.1. [...] § 1. [...] § 2. [...] Section 5.9.4. Additional conditions with respect to the location of sties Rating Article 5.9.4.1. According to the design of the sty on the one hand, and the layout of the slurry storage facilities on the other hand, each sty and/or slurry storage facility associated with the establishment is rated with a score expressed in points as follows: VLAREM II Consolidated version of 7 March 2012 Page 3/14
  • 4. Description Rating 1. Animal housing systems: a. sty equipped with a system for slurry removal several times per day (cf. 80 manure wash system) b. housing with dry litter waste management system (enzymes - compost) 80 c. deep litter housing, i.e. animal housing where at regular intervals the animals are provided with a sufficient quantity of litter and where the 60 bedding is disposed of only after a complete housing period - after the animals have been taken outside; d. animal housing with solid floor, with bedding (including concrete slabs 30 with tapered apertures, the so-called "straw slats"); e. animal housing floor with a slatted area of over 50 %; Note: animal housing floor should be understood as the floor of the area 20 where the animals are actually kept. f. animal housing floor with a slatted area of 50 % or less 10 g. animal housing with solid floors, without bedding. 10 h. low ammonia emission animal housing 110 2. Ventilation systems for animal housing: a. Mechanical ventilation systems connected to an odour abatement 110 installation; b. Mechanical ventilation systems, not connected to an odour abatement installation; 1. With vertical emission: a. exhaust opening 0.5 m or more above the ridge of the roof: without cowl 50 with cowl 30 b. exhaust opening less than 0.5 m above the ridge of the roof: without cowl 40 with cowl 20 2. With lateral emission 10 VLAREM II Consolidated version of 7 March 2012 Page 4/14
  • 5. c. Natural ventilation systems: 1. without cover (open ridge air chimney) 20 2. with cover 10 3. The storage of solid animal manure: a. dunghill enclosed on three sides; 50 b. transporter; 50 c. deep litter housing, i.e. animal housing where at regular intervals the animals are provided with a sufficient quantity of litter and where the 0 bedding is disposed of only after a complete housing period - after the animals have been taken outside; 4. The storage of slurry a. storage inside the animal housing: manure basement under the floor of the housing, without stench 20 trap; manure basement under grate, without stench trap; 20 manure basement under grate, with stench trap, with limited storage 50 time (max. 3 weeks) b. storage outside the animal housing: closed storage; 50 simple cover; 30 open storage. 0 For new systems that do not appear in this table the applicant may provide a proposal, stating reasons, for the determination of the rating, on the basis of an approach equivalent to that shown in the table above. This proposal may be attached to either the environmental licence file, or to the application for a derogation to the provisions of these regulations. Rating per establishment Article 5.9.4.2. The rating to be taken into consideration for the establishment is calculated as specified below. 1. Sties: a. Per sty: Each sty belonging to the establishment is given a rating "Wst", which is the sum of the scores awarded in accordance with article 5.9.4.1. to the housing system (in point 1) of article 5.9.4.1.) and to the ventilation system (in point 2) of article 5.9.4.1.). b. For all sties belonging to the establishment: If the establishment encompasses several sties, all sties belonging to the establishment are awarded a joint rating "Wv", which is the weighted average calculated as follows: VLAREM II Consolidated version of 7 March 2012 Page 5/14
  • 6. where: Wv = the rating awarded to all of the sties belonging to the establishment; Σ (W stn × Vstn) = the sum of the products per sty of the rating for the sty and the number of places for pigs in that sty; Σ Vstn = the sum of the number of places for pigs for all of the sties belonging to the establishment. 2. The storage of solid animal manure and slurry: 1. Per manure storage facility: In accordance with article 5.9.4.1. a rating is awarded to each solid animal manure storage facility (cf. point 3) of article 5.9.4.1.) and to each slurry storage facility (cf. point 4) of article 5.9.4.1.) belonging to the establishment. 2. For all manure storage facilities belonging to the establishment: If the establishment encompasses several manure storage facilities, all facilities belonging to the establishment are awarded a joint rating "Wm", which is the weighted average calculated as follows: where: Wm = the rating awarded to all slurry and solid animal manure storage facilities belonging to the establishment; Σ (W Mon × A) = the sum of the products per manure or slurry storage facility of the rating for the storage facility and of the number of animals of which the slurry or manure is collected in that storage facility; Σ A = the sum of the number of animals of which the manure is collected in the storage facility concerned. 3. The establishment: The rating awarded to the establishment is equal to the sum of the ratings awarded in accordance with points 1° and 2° above to all the sties belonging to the establishment, on the one hand, and to the manure storage facilities belonging to the establishment, on the other hand. Prohibitory rules and stipulations of distances to be observed Article 5.9.4.3. It is forbidden to operate pig farms if they are located: 1. wholly or partially in a catchment basin and/or type I, II or III protected zone; 2. wholly or partially in an area other than an agricultural area. Article 5.9.4.4. At least the following distance must be maintained between each sty and/or storage area for solid animal manure or mixed manure in an installation located in an agrarian area on the one hand, and any residential development area, natural area of scientific value or nature reserve, area for residential recreation or residential area other than a residential area with a rural character indicated on the regional plan, or any forestry reserve indicated in the Forest Decree of 13 June 1990 on the other hand, based on the number of pigs kept in the installation, expressed as pig units, and on the number of rating points awarded to the installation pursuant to Article 5.9.4.2: Minimum distance in metres for the following numbers of pig units Rating points awarded 100 to 501 to 1 051 to 1 576 to 2 101 to more than to the installation 500 1050 1575 2 100 2 625 2 625 <50 250 300 350 prohibition prohibition prohibition 50 − 100 200 225 250 300 350 400 VLAREM II Consolidated version of 7 March 2012 Page 6/14
  • 7. 101 − 150 100 150 200 250 300 350 151 − 200 50 100 150 200 250 300 > 200 50 50 100 150 200 300 for the application of the abovementioned provisions: one sow and piglets shall be equivalent to 2.5 pig units; any other pig > 10 weeks shall be equivalent to l pig unit. ; any other pig > 10 weeks shall be equivalent to l pig unit. ; Article 5.9.4.5. [...] Translation not available § 1. [...] § 2. [...] Section 5.9.5. Additional conditions with respect to the location of poultry houses Rating Article 5.9.5.1. § 1. According to the design of the poultry house on the one hand, and the layout of the manure storage facilities on the other hand, each poultry house and/or manure storage facility associated with the establishment is rated with a score expressed in points as follows: Description Rating 1. Animal housing systems: a. litter-covered floor (dry manure); 60 b. latted floor (thin manure); 20 c. battery without forced drying of manure: open manure storage underneath the battery; 20 regular removal of the manure to a holding tank; 40 daily removal of the manure to a holding tank; 80 d. battery with forced drying of the manure using fans, ceiling fans or a comparable system (e.g. deep pit system or high rise system housing, 110 flushing gutter manure removal system housing, battery with belt for removing manure and manure drying system). e. low ammonia emission animal housing 110 2. Poultry house ventilation system: a. Mechanical ventilation systems connected to an odour abatement 110 installation; b. Mechanical ventilation systems, not connected to an odour abatement VLAREM II Consolidated version of 7 March 2012 Page 7/14
  • 8. installation; 1. With vertical emission: a. exhaust opening 0.5 m or more above the ridge of the roof without cowl 50 with cowl 30 b. exhaust opening less than 0.5 m above the ridge of the roof without cowl 40 with cowl 20 2. With lateral emission; 10 c. Natural ventilation systems 1. without cover (open ridge air chimney); 20 2. with cover 10 3. Manure storage no manure storage (immediate removal); 50 sealed storage; 40 simple cover; 30 open storage, open flushing gutters. 0 For new systems that do not appear in this table the applicant may provide a reasoned proposal for the determination of the rating, on the basis of an approach equivalent to that shown in the table above. This proposal may be attached to either the environmental licence file, or to the application for a modification to the provisions of these regulations. Rating per establishment Article 5.9.5.2. The rating to be taken into consideration for the establishment is calculated as specified below. 1. Poultry houses: a. Per poultry house: Each poultry house belonging to the establishment is given a rating "Wst", which is the sum of the scores awarded in accordance with article 5.9.5.1. to the housing system (in point 1) of article 5.9.5.1.) and to the ventilation system (in point 2) of article 5.9.5.1.). b. For all poultry houses belonging to the establishment: If the establishment encompasses several poultry houses, all poultry houses belonging to the establishment are awarded a joint rating "Wp", which is the weighted average VLAREM II Consolidated version of 7 March 2012 Page 8/14
  • 9. calculated as follows: where: Wp = the rating awarded to all of the poultry houses belonging to the establishment; Σ (W stn × Pstn) = the sum of the products per poultry house of the rating for the poultry house and the number of places for poultry in that poultry house; Σ P stn = the sum of the number of poultry that can be kept in all the poultry houses belonging to the establishment. 2. Manure storage facilities: a. Per manure storage facility: With respect to the storage of manure (cf. point 3) of article 5.9.5.1.) belonging to the establishment, a rating is awarded in accordance with article 5.9.5.1. b. For all manure storage facilities belonging to the establishment: If the establishment encompasses several manure storage facilities, all facilities belonging to the establishment must be awarded a joint rating "Wm", which is a weighted average calculated as follows: where: Wm = the rating awarded to all manure storage facilities belonging to the establishment; Σ (W Mon × QMon) = the sum of the products per manure storage facility of the rating for the facility and of the number of animals of which the manure is collected in that facility; Σ A = the sum of the number of animals of which the manure is collected in the storage facility concerned. 3. The establishment: The rating awarded to the establishment is equal to the sum of the ratings awarded in accordance with points 1° and 2° above to all the poultry houses belonging to the establishment, on the one hand, and to the various types of manure storage facilities belonging to the establishment, on the other hand. Prohibitory rules and stipulations of distances to be observed Article 5.9.5.3. § 1. The operation of establishments comprising one or more poultry houses with slurry manure and wholly or partly located in a water abstraction area and/or type I, II or III protected zone is forbidden, irrespective of the number of poultry kept at the establishment. § 2. Translation not available § 3. The operation of establishments comprising one or more poultry houses with a joint total of over 10.000 animals located wholly in areas other than agrarian areas is forbidden. § 4. The minimum distance to be observed, as measured from each animal housing facility and/or manure storage facility at an establishment located in a rural residential area, on the one hand, to each of the residential development areas, conservation areas with scientific value or nature reserves, forestry reserves, areas for residential recreation and residential areas other than a rural residential area, indicated in the regional land-use plan on the other hand, is laid down in the following table according to the number of animals that are kept at the establishment and according to the rating calculated for the establishment in accordance with article 5.9.5.2.: Required minimum distance in metres at the number of poultry indicated Rating awarded to the establishment < 5000 fram 5.001 to 10.000 < 75 100 150 75 - 150 75 100 151 or more 50 75 In an establishment comprising one or more poultry houses and located wholly in a rural residential area, it is forbidden to keep more chickens or other poultry than the number allowed according to the aforementioned criteria and the stipulations of distances to be observed. VLAREM II Consolidated version of 7 March 2012 Page 9/14
  • 10. § 5. The minimum distance to be observed, as measured from each animal housing facility and/or storage facility for slurry or solid animal manure at the establishment, to each of the residential development areas, conservation areas with scientific value or nature reserves, forestry reserves, areas for residential recreation and residential areas other than a rural residential areas indicated on the regional land-use plan, is laid down in the following table according to the number of animals that can be kept at the establishment and according to the rating calculated for the establishment in accordance with article 5.9.5.2.: Rating granted Minimum distance requirement in m relating to number of poultry units to the < 5000 from from from from from > installation 5,001 10,001 20,001 40,001 60,001 80.000 to to to to to 10,000 20,000 40,000 60,000 80,000 < 75 100 150 200 300 400 prohibition prohibition 75 - 150 75 100 150 225 300 prohibition prohibition 151 - 200 50 75 100 150 200 250 300 > 200 50 75 100 150 200 225 250 In an establishment comprising one or more poultry houses and located wholly in an agrarian area, it is forbidden to keep more chickens or other poultry than the number allowed according to the aforementioned criteria and the stipulations of distances to be observed. § 6. [...] Section 5.9.6. Additional conditions with respect to the location of animal housing other than sties and poultry houses Article 5.9.6.1. § 1. For mixed establishments comprising both sties and/or poultry houses, the requirements referred to in this chapter - including the prohibitory rules and stipulations of distances to be observed - are applicable without prejudice to the sties and the poultry houses belonging to the mixed establishment. § 2. Without prejudice to the particular conditions that can be imposed in the environmental licence, for animal housing other than sties and poultry houses the following prohibitory rules apply: 1. The operation is forbidden of establishments comprising one or more animal housing facilities other than sties and poultry houses, irrespective of the number of animals that are kept at the establishment, if these establishments are wholly or partly located in a water abstraction area and/or a type I, II or III protected zone; 2. The operation is forbidden of establishments comprising one or more animal housing facilities other than sties and poultry houses with a joint total of over 200 weaned native large mammals (sections 9.4.2., 9.4.3. and 9.5. of the classification list), over 2.000 weaned native small ruminants (section 9.6 of the classification list) or over 10.000 weaned rabbits, rodents, etc. (section 9.7 of the classification list), if the establishments are located wholly in areas other than rural residential areas or agrarian areas. The same numbers apply when several of these categories of animals are combined. The following conversion factor must be used: 1 weaned native large mammal = 10 weaned native small ruminants = 50 weaned rabbits, rodents, etc. In addition, it is prohibited to operate establishments where over ten dogs are kept if these establishments are located in a residential area other than a rural residential area, or in a residential development area. 3. The operation is forbidden of establishments comprising one or more animal housing facilities other than sties and poultry houses with a joint total of over 500 weaned native large mammals (sections 9.4.2., 9.4.3. and 9.5. of the classification list), over 5,000 weaned native small ruminants (section 9.6 of the classification list) or over 25,000 weaned rabbits, rodents, etc. (section 9.7 of the classification list), if the establishments are located wholly in areas other than agrarian areas. The same numbers apply when several of these categories of animals are combined. The following conversion factor must be used: 1 weaned native large mammal = 10 weaned native small ruminants = 50 weaned rabbits, rodents, etc. § 3. The prohibitions and stipulations of distances stated in §1 and §2 do not apply to animal testing installations. Pursuant to these provisions, animal testing installation shall mean: any installation at VLAREM II Consolidated version of 7 March 2012 Page 10/14
  • 11. which living vertebrates, including larval forms which are free living and/or capable of reproduction, excluding other foetal or embryonic forms, are kept and used in tests or kept with a view to testing, excluding installations at which cattle are kept for practical examination. Section 5.9.7. Conditions concerning control establishments Article 5.9.7.1. § 1. In establishments with slurry in which either over 2,500 pigs, or over 1,500 native large mammals other than pigs, or over 40,000 poultry can be kept, or in establishments that are wholly or partly located within protected zones for groundwater abstraction, at the operator's expense observation pipes (measuring wells) are placed judiciously. The observation pipes are to be made of a material that cannot be affected by the stored liquids. They are fitted according to the rules of good workmanship as shown in appendix 5.9. to this order or according to another equivalent code of good practice. The number of pipes and the nature of their placement, as well as the type used and their length are determined after consultation with the Department, competent in matters concerning environmental licences and, where appropriate, with the operator of the water abstraction facility to be protected. § 2. However, after consultation with the Department, competent in matters concerning environmental licences and, where appropriate, with the operator of the water abstraction facility to be protected, the observation pipes referred to under § 1. may be replaced by equivalent control facilities taking into account the hydrogeological information about the ground. § 3. The plans for the work and the drilling reports of the observation pipes or monitoring facilities referred to in § 1 and § 2 above are made available to the Department, competent in matters concerning environmental licences. Section 5.9.8. Conditions with respect to the limitation of environmental nuisance Conditions with respect to the limitation of environmental nuisance Article 5.9.8.1. § 1. The ventilation of animal housing, whether mechanical or natural, must be performed in such a way that pollution of the ambient air is prevented or restricted to the normal level of nuisance caused by neighbours. § 2. Insofar as they do not have a function for ventilation, windows should be kept closed. Outside doors that are not designed to play a role in the ventilation of the animal housing must only be opened to allow people, animals or goods to enter the building, or in the event of force majeure The prevention of nuisance caused by dust originating from dry fodder Article 5.9.8.2. Dry fodder which may give rise to nuisance caused by dust is to be stored either in silos or to be kept in packaged form. Measures are taken to prevent the undesired spreading of dust with the filling of the fodder silos, or restrict it to a limit value that is acceptable from an ecological point of view. Manure Article 5.9.8.3. § 1. It is forbidden to spread or store solid animal manure or slurry within the establishment but outside the storage spaces provided specifically for this purpose. § 2. [...] § 3. The produced animal manure must be disposed of in an ecologically sound manner, in accordance withthe Decree of 22 December 2006 on the protection of water against nitrate contamination from agricultural sources and the executive decisions providing for its enforcement. General measures for environmental protection VLAREM II Consolidated version of 7 March 2012 Page 11/14
  • 12. Article 5.9.8.4. § 1. The establishment itself, the animals and the close vicinity being the property of the establishment must be kept in a satisfactory hygienic state. A reliable water supply must be ensured. § 2. The maximum number of animals in each animal housing is limited by the type and size of housing according to technical agricultural standards. The maximum number of animals indicated in the licence or in the notification may not be exceeded. § 3. Effective measures must be taken to control vermin such as rats, mice and insects. § 4. Without prejudice to the regulatory provisions concerned, carcasses may not be buried in the establishment's land. The operator takes the steps required to separate the carcasses from the healthy animals without delay, in order for them to be collected as soon as possible by an establishment as referred to in subsection 2.11 of the classification list. In anticipation and to prevent further infection: 1. - body parts, organs and carcasses of small animals (poultry, rabbits, piglets up to approx. 20 kg, etc.) must be kept in sealed carcass holders; 2. - carcasses of medium-sized animals (pigs, calves, sheep etc.) must be kept at a dedicated carcass site, which must be easy to clean and disinfect and made of hard materials, with a fitting closed cover made of a durable and easy to maintain material; this carcass site must be easily recognisable and easy to reach by the collection vehicle of the establishment referred to in subsection 2.11 of the classification list; 3. - carcasses of large animals (cattle, horses, etc.) must be kept under a fitting closed cover made of durable and easy to maintain material; 4. -all other measures must be taken to prevent contact with third parties. The cover referred to in points 2° and 3° must be such that cats, dogs, other animals and insects can not get to the carcasses. § 5. Kitchen waste and/or other waste intended for the feeding of the animals must be kept in closed receptacles that can be cleaned easily Waste waters Article 5.9.8.5. § 1. Any discharge of manure - whether as liquid manure, slurry or in any other form - into the public sewers, an artificial drainage route for rainwater or in a surface water is prohibited. This prohibition does not apply to the discharge of effluent after the treatment or the processing of animal manure if the necessary licence (heading 3) has been granted. § 2. All animal manure in liquid form as well as the leachate originating from manure must be collected in a manureproof storage facility in or outside the animal housing. § 3. The discharge of run-off and/or waste waters originating from the cleaning of the establishment is subject to the requirements applicable to the establishments referred to in sections 3 and 52 of the classification list. Section 5.9.9. Conditions concerning monitoring Article 5.9.9.1. The operator must ensure that the establishment is kept in good condition - in particular the animal housing, the storage facilities for manure and slurry and accessories - by regular maintenance and checks. Article 5.9.9.2. § 1. The operator of an establishment as meant in article 5.9.7.1 § 1 checks the groundwater for the presence of slurry originating from leaks at least every 3 months. § 2. Furthermore, at the expense of the operator referred to in § 1, at least every three years a groundwater examination will take place by an accredited laboratory specialising in groundwater examinations. The operator sends a copy of the analysis results to the Department, competent in matters concerning environmental enforcement and, where appropriate, to the operator of the water abstraction to be protected. The operator of an establishment located in a protected zone must also allow the checking VLAREM II Consolidated version of 7 March 2012 Page 12/14
  • 13. of the measuring wells by the relative water authority when this authority so requests. § 3. If it appears from the observation pipes or equivalent monitoring facilities referred to in § 1 or from other observations that the manureproofness of the animal housing or manure storage sites is no longer assured, the operator will take the necessary measures to restore the manureproofness as quickly as possible. In anticipation of the repair, no young or additional animals may be brought in. The execution of the repairs must be attested by a certified architect, an engineering architect, a civil architectural engineer, an industrial architectural engineer, an agricultural engineer (farm construction) or an agricultural bio-engineer (agricultural engineering). Article 5.9.9.3. With the final putting out of use of a manure storage site, the storage site must be completely emptied. Here the necessary measures must be taken related to protection against explosion and the prevention of soil, surface area and groundwater pollution. Article 5.9.9.4. § 1. The operator must inform the Department, competent in matters concerning environmental enforcement, the Governor of the Province and the Burgomaster of the municipality where the establishment is located without delay of any leakage of fluids that may give rise to ground pollution or to infiltration into the sewer system, surface water, groundwater or on adjacent properties. § 2. If the operator is aware of any serious pollution related to the operation of the establishment, in particular on the basis of the controls referred to in the articles 5.9.9.1. and/or 5.9.9.2., he must report this to the Department, competent in matters concerning environmental enforcement referred to in § 1 immediately. Section 5.9.10. Conditions concerning existing animal housing and manure storage sites Article 5.9.10.1. Without prejudice to the conditions imposed in the environmental licence, the existing animal housing and manure storage facilities must meet the conditions specified in articles 5.9.2.1. § 3, 5.9.2.2. §§ 1, 2 and 4 and 5.9.2.3. § 1 and in sections 5.9.7. up to and including 5.9.9. of this order within the period of 1 year from the date of this order coming into force. Section 5.9.11. Additional conditions with respect to manure handing and/or manure processing with animal housing Follow-up of the nutrient flow Article 5.9.11.1. The operator shall maintain a register of all manure treatment and/or manure processing. Article 5.9.11.2. The operation of manure handling and manure processing installations must suffice with regard to the provisions mentioned in article 5.28.3.4.2, 5.28.3.5.1, 5.28.3.5.2 and 5.28.3.5.3. section 5.9.12. Environmental conditions relating to installations at which dogs are kept Article 5.9.12.1. The conditions of this section apply to the installations stated in section 9.9 of the classification list. Article 5.9.12.2. The installation shall be enclosed by a fence to prevent the animals from escaping. On the sides facing residential buildings or the public highway, this fence shall be made of nontransparent elements and have a minimum height of two metres. A lockable gate must be provided to prevent access by unauthorised persons. The kennels shall be adequately sound-proofed and greenery shall be planted around the kennels and play areas to ensure that the animals are not disturbed by the environment. Any activity likely to disturb the peace and quiet is prohibited between the hours of 22.00 and 07.00. VLAREM II Consolidated version of 7 March 2012 Page 13/14
  • 14. Between the hours of 22.00 and 07.00, the dogs are to be kept indoors unless otherwise stated in the environmental license. Cadavers must be removed for destruction by a relevant company. Pending collection, the bodies shall be stored in a sealed container. VLAREM II Consolidated version of 7 March 2012 Page 14/14