Key Benefits:
Minister of Ecology and Sustainable Development,
In view of Directive 91 /676/EEC of the Council of the European Communities of 12 December 1991 Concerning the protection of water from pollution by nitrates from agricultural sources;
Given the code of the environment;
Law No. 93-24 of 8 January 1993 on the protection and development of landscapes and amending Certain legislative provisions in the field of public inquiry;
Given the amended Decree No. 53-578 of 20 May 1953 fixing the classification of classified installations;
Having regard to Decree No. 77-1133 of 21 September 1977 for the application of the law On 19 July 1976 on installations classified for the protection of the environment;
In view of Decree No. 93-1038 of 27 August 1993 on the protection of waters against pollution caused by nitrates of agricultural origin;
In view of Decree No. 2001-34 of 10 January 2001 on action programmes to be implemented for the protection of water from pollution caused by nitrates of agricultural origin;
In view of the Decree of 26 February 2002 on pollution control work Related to livestock effluents;
In the opinion of the professional organizations involved;
In the opinion of the Board of Governors for facilities classified as of June 27, 2006,
Stop:
This Order sets out the technical requirements for installations subject to authorisation under heading 2120 of the nomenclature.
In vulnerable areas, delimited in application of the Decree No. 93-1038 of 27 August 1993, the provisions laid down by the orders relating to the programmes of action taken pursuant to Decree No. 2001-34 of 10 January 2001, in particular those applicable in the area of structural surplus, are Applicable to the installation.
This Order shall apply, as soon as it is published in the Official Journal of the French Republic, to new installations whose authorisation order will take place more than four months after its publication And to the existing installations subject, after its publication, to a new authorisation in accordance with the combined provisions of Articles L. 512-15 of the Environment Code and 20 of Decree No 77-1133 of 21 September 1977
This Order shall apply to installations authorised no later than four months after its publication, within the time limits for compliance defined by the prefectural decree. These deadlines are compatible with those which may otherwise be laid down in the framework of action programmes for the protection of water by nitrates of agricultural origin or of the programme for the control of pollution of agricultural origin. These time limits will not in any case exceed 31 December 2008.
The requirements to which existing installations are already submitted shall remain applicable until the expiry of the maximum period of compliance established in the previous paragraph. Paragraph.
For the purposes of this Order, installation means:
-livestock buildings: livestock and lodging premises (boxes, niches ...), quarantine and infirmary premises, exercise areas in Hard (type courette);
-farm parks: land where the surface is not watertight and serves as a permanent, diurnal and nocturnal place of life for the animals;
-the schedules: the woodworking and working parks, the premises for the preparation of the Food, bedding and food storage buildings, the effluent sewerage system (disposal, storage, treatment);
:
-home: a place to be used as a permanent or temporary residence Persons, such as accommodation, lodge;
-local usually occupied by third parties: a premises intended to be used routinely by persons (institutions receiving the public, office, store, workshop, etc.) ;
-bony park: area where the surface is not watertight, where animals can be scratched in the day;
-work park: area used for animal training and/or training;
-manure: a mixture of droppings Solid and liquid and litters with first fermentation;
-effluents: liquid or solid waste, manure, rainwater dripping on the hard work areas of dogs and wastewater from Activity and appendices;
-litter: layer of insulating and absorbent material, placed on the ground, where the animals stay, and intended to give the animals a convenient and healthy layer, holding the waste;
-unloaded waters: waters Of rain or washing that dries on the hard living areas of dogs and has been disposed of solid materials (droppings, hairs, meal remains, ...).
Livestock buildings, schedules and farm parks are located at:
-at least 100 metres from the homes of third parties (with the exception of housing occupied by facility personnel) or Premises usually occupied by third parties, stadiums or registered campgrounds, as well as areas for habitation by urban planning documents against third parties;
-at least 35 metres from wells and boreholes, sources, Free-flow aqueducts, of any underground or semi-buried installation used for the storage of water, that the water is intended for drinking water supply or for the watering of vegetable crops, shorelines, banks of the Stream;
-at least 200 metres from swimming areas (except private pools) and beaches;
-at least 500 metres upstream of fish farms and shellfish areas. Derogations related to the topography and the circulation of water may be granted by the Prefect.
In case of necessity and in the absence of a technical solution to ensure the convenience of the neighbourhood and the protection of water, distances Set above can be increased.
Babies, work and livestock farms are located on land that supports animals in all seasons, maintained in good condition, and of sufficient permeability to avoid stagnation Of water. All precautions are taken to prevent the direct flow of sludge and polluted water to streams, the public domain and third-party land.
The provisions of section 4 apply, in the case of extensions to regular operating facilities, to new livestock or farm buildings, or to their schedules News. They do not apply where an operator must, in order to bring the licensed facility into compliance with the provisions of this Order, carry out schedules or build or reconstruct on the same site a building of the same capacity
Prejudice to Article L. 512-15 of the Environment Code, in the case of amendments, in particular in order to comply with new animal welfare standards, operating facilities or operating for the benefit of rights Granted in accordance with the provisions of Article L. 513-1 of the Environment Code, derogations from the provisions of Article 4 may be granted by the prefectural authorisation of authorisation, subject to compliance with the conditions laid down
order to grant such derogations, the prefect, on the basis of the impact assessment or the declaration of amendment established in accordance with Article 20 of Decree No. 77-1133 of 21 September 1977, lays down the requirements which ensure that These amendments do not increase the inconvenience to the interests referred to in Article L. 511-1 of the Environment Code
The operator takes appropriate steps to integrate the installation into the landscape.
The effluent collection system is maintained in good working order.
Waste water discharge points are as small as possible.
They are designed to allow The installation of sampling and flow measurement systems.
All soils in farm buildings and schedules, all disposal facilities (pipelines, including those for disposal of effluent to storage and treatment facilities, etc.)) Or storage of effluent is impermeable and maintained in perfect condition. The slope of the soils of the farm buildings or the associated facilities allows the effluent to flow to the sanitation system. These provisions do not apply to the soils of the cabinet, work and livestock farms.
Inside the farm buildings, the bottom of the walls is impermeable and maintained in perfect condition on a height of at least one metre.
Water collection facilities in the natural environment are equipped with totalizing measuring devices of the amount of water collected. The measurement is regularly identified and the results are recorded and made available to the inspection of classified installations.
The connection to a water table or to the public drinking water distribution system is fitted with a device In all circumstances, avoiding the return of water that can be polluted.
The Facility Authorization Order sets out the requirements for water withdrawals based on their significance and impact on aquatic
. All steps are taken to limit water consumption.
All cleaning waters required for the maintenance of buildings and schedules, and waters likely to run on concrete areas, are collected by a water-tight and system-driven system Effluent remediation.
All measurements are taken in all parts of the installation to avoid the escape of the animals (design and height of fences, walls and partitions, ...). Appropriate means of capture shall be kept to Provision in the establishment, as appropriate.
You can consult the Table in OJ
No 21 of 25/01/2007 text number 41
-for the period from 22 hours to 7 hours: maximum permissible emergence: 3 dB (A).
In addition, the level of noise at the property boundary of The installation shall not exceed 70 dB (A) for the day period and 60 dB (A) for the night period, unless the residual noise for the reporting period exceeds this limit.
In the event that the particular noise of the establishment is Marked tone within the meaning of point 1.9 of the annex to the decree of 23 January 1997 on the limitation of noise emitted in the environment by installations classified for the protection of the environment, in an established or cyclical manner, its duration Of appearance shall not exceed 30 % of the duration of operation of the establishment in each of the diurnal or nocturnal periods defined in the table above.
Where several classified installations, subject to declaration under the Are located within the same establishment, the overall noise level emitted by these facilities will have to comply with the above limit values.
Transport vehicles and handling equipment used in The interior of the installation shall comply with the provisions in force for the limitation of their sound emissions.
The use of all communication devices by acoustic means (sirens, alarms, loudspeakers, etc.), Disturbing in the vicinity, is prohibited, unless their employment is exceptional and reserved for the prevention and reporting of serious incidents or accidents.
Livestock buildings are efficiently and permanently ventilated.
The operator arranges for the mitigation of odor, gas or dust emissions that may create Neighbourhood nuisance.
The effluents (solid and liquid) of the facility are treated:
-either in an individual sanitation system (of the watertight septic tank type, filter trench pit, ...) under conditions Article 18, without prejudice to the provisions of the regulations in force concerning those systems, and in particular the provisions of the ministerial decree of 6 May 1996 and in compliance with the recommendations of the public sanitation service Non-collective;
-either on a specialized site (landfill, composting centre, ...) under the conditions set out in section 19; or
-at a facility specific to the facility, under the conditions set out in the section 20;
-by application on agricultural land, in accordance with the provisions of section 21;
-or by any other equivalent means authorized by the prefect.
The discharge, direct or post-treatment, of effluent to the network Shall be subject to discharge, in accordance with Article L. 1331-10 of the Public Health Code.
In the area of structural surplus, the provisions laid down by the orders relating to the programmes of action taken pursuant to the decree N ° 2001-34 of 10 January 2001, are applicable to the installation.
Unladen waters may be treated according to the procedures authorised by the regulations on action programmes taken pursuant to Decree No. 2001-34 of 10 January 2001. 2001.
Any direct discharge of effluents into the natural environment is prohibited.
For effluent treatment plants, the minimum level of treatment is set by the prefectural authorization of authorization and, in the case of discharge to surface waters of treated effluents, the flow Maximum allowable daily pollution is compatible with the quality objectives set for the receiving environment.
To overcome any failure of the effluent treatment facility, the facility has watertight safety basins To store all of the effluent the time required for the correct operation of the facility.
Sludge and other products resulting from the treatment of effluent may be applied to agricultural land in Respecting the requirements of section 21.
In the case of release into the natural environment of treated effluent, the discharge shall respect the following emission limit values (controlled, unless otherwise specified in the standard, on raw effluent not Unfiltered and unfiltered, without prior dilution or mixing with other effluents):
-suspended solids (NFT 90-105): the concentration shall not exceed 100 mg/l if the daily flux does not exceed 15 kg/d, 35 mg/l beyond;
-DCO (NFT 90-101): the concentration shall not exceed 300 mg/l if the daily flux does not exceed 100 kg/d, 125 mg/l beyond;
-DBO5 (NFT 90-103): the concentration shall not exceed 100 mg/l if the daily flux does not exceed 30 kg/d, 30 mg/l Beyond.
1. Effluents from the operation of the operation may be subjected to a natural purification by the soil and its plant cover, under the following conditions:
-nitrogen inputs, irrespective of origin (livestock effluent, effluents) Of agri-food origin, chemical fertilizers or other nitrogen inputs of organic or mineral origin), on land subject to application, take into account the special nature of land and crop rotation;
-the Fertilization must be balanced and match the export capabilities of the crop or grassland concerned;
-in no case should the soil absorption capacity be exceeded, so that neither the long-term stagnation on the Soil, neither runoff outside the field of application nor rapid percolation to groundwater can occur;
-organic nitrogen fertilization is prohibited on all legumes except alfalfa and grasslands Grass-legumes association;
-minimum distances between, on the one hand, the land application of the effluent and, on the other hand, any housing of third parties or any premises usually occupied by third parties, the stages or the grounds of Licensed camping, with the exception of on-farm campgrounds, is set at 100 metres. Outside periods when the soil is frozen, runoff from the effluent is followed by a landfill.
2. Any application is subject to the production of a land application plan. This plan, based on their suitability for land application, defines parcels that may be subject to the application of organic effluent. It must demonstrate that each of the receiving parcels, including those provided by third parties, is suitable for the agronomic enhancement of the effluent.
The application plan shall include at least the following:
- Identification of parcels (cadastral references or other recognized support, total area, and epandable area) grouped by operator;
-the identity and address of the operator and the lenders of the land Written contract with the operator;
-the location on a cartographic representation on a scale between 1/12 500 and 1/5 000 of the parcels concerned and the areas excluded from the application by differentiating them and indicating the grounds Exclusion;
-the proposed cropping systems (field crops and major successions);
-the nature, the nitrogen content with an indication of how this content is to be assessed (analyses or references) and the amount of effluent that Will be applied;
-the maximum allowable doses by type of effluent, soil and culture using local references or any other equivalent method;
-the time-period application schedule That the application is prohibited or inappropriate. In vulnerable areas, these periods are those defined by the programme of action taken pursuant to Decree No. 2001-34 of 10 January 2001 referred to above.
All of these elements are presented in a summary document made available to The inspector of classified installations.
Any significant modification of the application plan must be carried out before it is made known to the prefect.
3. In vulnerable areas, in accordance with Decree No. 93-1038 of 27 August 1993, the quantity of nitrogen applied shall not exceed 170 kg per hectare per hectare and per year on average on the operation for nitrogen contained in the effluent from the The installation.
In the area of structural surplus, the provisions laid down by the orders relating to the action programmes, taken pursuant to Decree No. 2001-34 of 10 January 2001, are applicable to the installation, in particular the provisions If
is a need to strengthen the protection of the water, the prefect may fix the epandable quantities of nitrogen and phosphorus not to exceed the initial state The site, the overall fertilization balance in the impact study, and the risks of land erosion, runoff to surface water or leaching.
4. The application of livestock effluent and products resulting from their treatment is prohibited:
-less than 50 metres from water pickup points for human communities or individuals;
-less than 200 metres Bathing sites (with the exception of private swimming pools) and beaches;
-less than 500 metres upstream of fish farms and shellfish areas, with the exception of topography, the circulation of water and provided for by the order Authorization;
-less than 35 metres from stream banks; this limit is reduced to 10 metres if a 10 metre strip grass or wooded and not receiving any input is permanently implanted along the watercourses;
- On steep slopes except where devices are in place to prevent any risk of flow and runoff to streams;
-on soils taken in bulk by frost (except for manure and composts) or Snow;
-on flooded or soaked soils;
-during periods of heavy rain;
-on soils not used for agricultural production;
-on vegetable crops;
-by air-sprouting except for Waters from effluent treatment.
Sprinkling application is only possible for water from effluent treatment. It is carried out by means of devices which do not produce aerosols.
These provisions are without prejudice to the provisions laid down by the other rules applicable to dog farms, in particular those laid down in the framework of the programmes Action for the protection of water by nitrates of agricultural origin or of the programme for the control of agricultural pollution.
The entire site must be maintained in perfect condition of maintenance (painting, plantings, engazing ...).
All buildings and annexes are kept clean and regularly cleaned, in accordance with the The cleaning and disinfecting plan presented in the initial authorization file.
The niches in which the animals are placed are constructed of hard, shock-resistant, easy-to-maintain and disinfecting.
Soils And the walls of livestock buildings are cleaned daily and disinfected regularly.
In the case of the use of litter, it is maintained so as not to cause nuisance (solid waste is removed each Day).
Babies, working and livestock farms are maintained in good condition; solid waste is removed regularly when the animal load exceeds 1 dog/60 square metres.
The operator fights against the proliferation of Insects and rodents as often as necessary. A register of processing operations shall be kept up to date and made available to the inspection.
The presence in the installation of hazardous or combustible materials is limited to the necessities of the operation.
The operator shall keep at his disposal documents enabling him to know the nature and The risks of hazardous products present in the facility, in particular safety data sheets.
Drums, tanks and other packaging must bear the names of the products in very legible characters and, if applicable, Hazard symbols in accordance with the regulations for the labelling of dangerous chemical substances and preparations.
Cleaning, disinfection, treatment, fuel and more generally hazardous products are Stored under conditions that prevent accidental spills into the natural environment and all risks to the safety and health of nearby populations and to the protection of the environment
There cannot be a spill of hazardous materials into public sewers or the natural environment in the event of an accident.
Dead animals are stored and removed by the renderer or destroyed in accordance with the conditions laid down in the Rural Code.
For the purpose of removal, dead animals are placed in watertight containers And closed, easy handling, arranged in a separate location from any other activity and reserved for that purpose. Pending their removal, when it is deferred in accordance with the modalities laid down in the Rural Code, except for exceptional mortality, they shall be stored at negative temperature in a sealed and sealed container, intended for that purpose only and Identified.
Burning of dead bodies is prohibited.
The registration of nitrogen fertilization practices is achieved through the maintenance of a land application for each parcel or island, including parcels made available by third parties. By a cultural island, we mean a grouping of homogeneous plots from the point of view of the culture concerned, from the cultural history (especially in relation to successions and organic inputs) and the nature of the
. Application includes the following information relating to farm effluent from the operation:
-the overall fertilizer balance;
-identification of the patches (or islands) that are being applied;
-the areas Effectively applied;
-application dates;
-the nature of the crops;
-the volumes by nature of the effluent and the quantities of nitrogen applied, specifying the other inputs of organic and mineral nitrogen;
-the method of application and Landfill time;
-the treatment used to reduce odours (if any).
In addition, each time an effluent produced by a facility is applied to parcels provided by third parties, the workbook Application includes the agreement or contract between the two parties as well as a slip cosigned by the producer of the effluent and the consignee. This check list shall be prepared no later than the end of the application site and shall include the identification of the receiving plots, the volumes by nature of the effluent and the quantities of nitrogen
. Inspection of classified installations.
In the case of effluent treatment at a plant-specific wastewater treatment plant, an analysis of the nitrogen and phosphorus contained in the sludge and effluent treatment products is carried out Annually.
In the event of a release to the natural environment, the effluent discharge point treated in the environment is unique and developed for the purpose of sampling and flow measurements using either a weir or a weir Specially adapted for this purpose, i.e. a known volume capacity. Flow measurements and analyses to determine the COD, DBO5, TSS, phosphorus, and global nitrogen (NGL) of the effluent released into the natural environment are made at least once per semester at the operator's
. The results of these analyses are retained for five years and submitted to the inspector for classified installations.
The measurement of the odour rate is carried out, in particular at the request of the prefect, according to the standard methods in force if the installation is the subject of complaints relating to the Odour nuisance.
Measures shall be carried out, to the extent possible, by an organization approved by the Minister responsible for the environment.
When an installation ceases activity in respect of which it was authorized, its operator shall inform the prefect at least three months before the final stop. The operator's notification shall indicate the planned or completed rehabilitation measures.
The operator shall restore the site so that it no longer manifests any danger and inconvenience. In particular:
-all hazardous products as well as all waste are valued or evacuated to properly licensed facilities;
-the vats that contain products that can pollute the water are emptied, cleaned, Degassed and, where appropriate, decontaminated. They are, if possible, removed, otherwise, and in the specific case of buried and semi-buried tanks, they are rendered unusable by filling with inert solid material.
The Director of Pollution Prevention and Risk is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done at Paris, December 8, 2006.
For the Minister and by delegation:
The Director of Pollution Prevention and Risk,
Major,
L. Michel
