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Decree Of 26 March 2012 On General Requirements Applicable To The Installations Classified Under The Regime Of Registration Under The Heading No 2710-2 (Made Non-Hazardous Waste Collection Facilities By Their...)

Original Language Title: Arrêté du 26 mars 2012 relatif aux prescriptions générales applicables aux installations classées relevant du régime de l'enregistrement au titre de la rubrique n° 2710-2 (installations de collecte de déchets non dangereux apportés par leur ...

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JORF no.0083 of 6 April 2012 page 6244
text No. 2



Decree of 26 March 2012 on general requirements for classified facilities under the registration regime under heading 2710-2 (non-hazardous waste collection facilities provided by their original producer) of the nomenclature of facilities classified for environmental protection

NOR: DEVP1208907A ELI: https://www.legifrance.gouv.fr/eli/arrete/2012/3/26/DEVP1208907A/jo/texte


Publics concerned: operators of facilities classified for the protection of the environment (ICPE) subject to the regime the registration under section 2710-2.
Subject: Order of general requirements of facilities classified for environmental protection under 2710-2.
Entry into force: immediate for new and phased facilities up to January 1, 2013 for existing facilities.
Notice: This order applies to non-hazardous waste collection facilities provided by their original producer.
References: This Order is available on the website Légifrance (http://www.legifrance.gouv.fr).
Minister of Ecology, Sustainable Development, Transport and Housing,
Considering the environmental code, including articles L. 212-1, L. 511-1, L. 512-7 to L. 512-7, L. 541-44, R. 541-8 and R. 512-67 to R. 514-5;
Considering title II of Book II of the Labour Code;
Vu le Public Health Codeincluding article L. 1331-10;
Vu le Mining codeincluding article L. 411-1;
Vu le Decree No. 96-1010 of 19 November 1996 for devices and protection systems intended for use in explosive atmospheres;
In view of the Decree of 30 May 2005 on the Control of Waste Treatment Circuits;
Considering the decision of 20 April 1994 on the declaration, classification, packaging and labelling of substances;
Considering the amended decision of 23 January 1997 on the limitation of noises emitted in the environment by facilities classified for environmental protection;
Having regard to the decision of 21 November 2002 on the reaction to fire of modified construction and development products;
Considering the 14 February 2003 decision on the performance of roofs and roof coverings exposed to an outdoor fire;
Considering the 28 July 2003 decision on the conditions for the installation of electrical equipment in locations where explosive atmospheres can be created;
Considering the Decree of 22 March 2004 on fire resistance of products, construction elements and works;
Having regard to the amended Decree of 20 April 2005 pursuant to the Decree of 20 April 2005 on the National Programme of Action against Aquatic Pollution by Certain Hazardous Substances;
Considering the 29 May 2009 decision on the transport of dangerous goods by land routes;
In view of the July 7, 2009 Decision on Air and Water Analysis Procedures in CEPAs and Reference Standards;
Having regard to the amended decision of 25 January 2010 on the methods and criteria for the assessment of the ecological state, chemical state and ecological potential of surface water under articles R. 212-10, R. 212-11 and R. 212-18 of the Environmental Code;
Considering the opinion of the professional organizations concerned;
Considering the opinion of the Standards Advisory Board of December 1, 2011;
In light of the opinion of the Higher Council for the Prevention of Technology Risk of 14 February 2012,
Stop it!

Article 1 Learn more about this article...


This Order sets out the requirements for classified facilities registered under heading 2710-2 (non-hazardous waste collection facility provided by the original producer of these wastes).
These provisions apply to existing facilities, reported prior to the date of publication of this Order in the Official Gazette, as specified in annex I. The requirements to which existing facilities are already subject remain applicable until such provisions come into force.
These provisions apply without prejudice to specific requirements supplementing or strengthening which may be accompanied by the registration order under the conditions set out in Articles L. 512-7-3 and L. 512-7-5 of the Environmental Code.

  • Chapter I: General provisions Article 2 Learn more about this article...


    Compliance of the installation.
    The facility is established, completed and operated in accordance with the plans and other documents attached to the application for registration.
    The operator shall enumerate and justify, as appropriate, all arrangements for the design, construction and operation of the facility in order to comply with the requirements of this Order.

    Article 3 Learn more about this article...


    File "categorized installation".
    The operator shall prepare and maintain a record with the following documents:
    a copy of the application for registration and the accompanying file;
    ― the record file dated based on the modifications to the facility;
    ― the registration order issued by the prefect and any prefectural order relating to the installation;
    ― results of effluent and noise measurements;
    the various documents provided for in this Order:
    ― the registry of all accident or incident reports;
    ― the register containing the stock status and the annexed storage plan;
    – the risk location plan and all useful elements related to the risks caused by the operation of the facility;
    – the safety data sheets of the products present in the installation;
    where applicable, evidence of fire resistance properties of premises;
    - the elements justifying the conformity, maintenance and verification of electrical installations;
    - records for the verification and maintenance of fire warning and control equipment;
    ― the plans of the premises and positioning of the alert and rescue equipment as well as the diagram of the networks between equipment with the manual valves and push buttons to be used in case of malfunction;
    - operating instructions;
    the waste disposal register;
    ― the effluent collection network plan.
    This file is subject to inspection of classified facilities.

    Article 4 Learn more about this article...


    Statement of accidental accidents or pollution.
    The operator shall promptly report to the inspection of classified facilities any accidents or incidents that are likely to affect the interests referred to in section L. 511-1 of the Environmental Code.

    Article 5 Learn more about this article...


    Implantation.
    The facility is not above or below premises inhabited or occupied by third parties.

    Article 6 Learn more about this article...


    Fly of dust.
    Without prejudice to urban planning regulations, the operator adopts the following provisions to prevent dust flares and deposition of various materials:
    - the roadways and parking areas of the vehicles are fitted (gradient forms, coating, etc.) and properly cleaned;
    ― vehicles leaving the facility do not cause dust or mud deposition on public traffic lanes.

    Article 7 Learn more about this article...


    Integration into the landscape.
    The operator shall make appropriate arrangements to integrate the installation into the landscape.
    The installation is maintained clean and maintained permanently.

  • Chapter II: Prevention of accidents and pollution
    • Section 1: General Article 8 Learn more about this article...


      Installation monitoring.
      The facility shall be operated only in the presence of a person designated by the operator and having knowledge of the conduct of the facility, of the hazards and disadvantages that its operation induced, and of the materials used or stored in the facility.

      Article 9 Learn more about this article...


      Clean installation.
      The premises are maintained clean and regularly cleaned, in particular to avoid clusters of hazardous or polluting materials and dust. Cleaning equipment is adapted to the risks posed by products, waste and dust.

      Article 10 Learn more about this article...


      Risk location.
      The operator shall identify, under its responsibility, the parts of the facility that, because of the qualitative and quantitative characteristics of the material being implemented, stored, used or produced, are likely to cause a claim that may have direct or indirect consequences on the interests referred to in section L. 511-1 of the Environmental Code. Workshops and handling areas of these products must be part of this census.
      The operator determines for each of these parts of the facility the nature of the risk (fire, explosive atmospheres or toxic emanations) and signals it on a conventional panel.
      The operator has a general plan of workshops and storages indicating these risks.

      Article 11 Learn more about this article...


      State of stockpiles of dangerous goods. - Labelling.
      The operator maintains a record of the nature and quantity of the inmate hazardous products to which a general storage plan is attached. This registry is available to fire and rescue services.
      Without prejudice to the provisions of Labour code, the operator has documents that allow it to know the nature and risks of hazardous products present in the facility, in particular safety data sheets.
      Containers shall bear in legible characters the name of the products and, where appropriate, the hazard symbols in accordance with the labelling of hazardous substances, preparations and mixtures.

      Article 12 Learn more about this article...


      Soil characteristics.
      The soil of areas and premises for the storage or handling of hazardous materials for humans, the environment or likely to create pollution of water or soil is watertight and equipped so that it can collect wash water and spilled material accidentally, so that the liquid cannot flow out of the area or area.

    • Section 2: Fire behaviour Article 13 Learn more about this article...


      Fire response.
      Waste storage facilities have the following minimum fire reaction characteristics (according to NF EN 13 501-1):
      – A2 s2 d0 materials.
      The evidence of fire reaction properties is retained and maintained at the disposal of the inspection of classified facilities.

      Article 14 Learn more about this article...


      Defensive.
      Fire-risk premises are partly equipped with natural smoke and heat evacuation devices (DENFC), in accordance with existing standards, allowing the free air evacuation of smoke, combustion gas, heat and unburned products in the event of a fire.
      These devices are automatically or manually controlled. Their useful opening surface is not less than:
      2% if the defrosting area is less than 1,600 m2;
      To be determined by the nature of the risk if the area to be deflated is greater than 1,600 m2 without being less than 2% of the area of the premises.
      In normal operation, rearming (closing) is possible from the floor of the premises or from the defensive zone or the cell to be deactivated in the case of locals divided into several cantons or cells.
      Manual opening controls are located near the access.
      Natural smoke and heat evacuation devices are adapted to the particular risks of the installation.

    • Section 3: Safety Provisions Article 15 Learn more about this article...


      Closure of installation.
      The installation is enclosed with a fence to prevent unauthorized entry. Main access is provided for normal site operating conditions, any other access to be reserved for secondary or exceptional use. The exits are closed outside the opening hours. These opening hours are indicated at the main entrance of the facility.

      Article 16 Learn more about this article...


      Accessibility.
      The access lawn is fitted according to the expected peak traffic, so as not to disturb traffic on the adjacent public track.
      If necessary, a panel indicating the speed limitation within the installation is displayed at the site entrance.
      Buildings and storage areas must be accessible to allow fire and emergency services to be operated. They are served, on at least one face, by a way. In case of a closed room, one of the facades is equipped with opening allowing the equipped savior passage.
      If a vehicle unloading platform is used by the public, it is equipped with devices to prevent the fall of a vehicle in the event of a false manoeuvre. The traffic lanes are wide enough to allow an easy operation of all authorized vehicles.

      Article 17 Learn more about this article...


      Ventilation of premises.
      Without prejudice to the provisions of Labour code and in normal operating phase, the premises are properly ventilated. The outlet to the atmosphere of the ventilation is placed as far as possible from the buildings inhabited or occupied by third parties and the mouths of external air aspiration and at a sufficient height given the height of the surrounding buildings in order to promote the dispersion of the rejected gases.

      Article 18 Learn more about this article...


      Equipment usable in explosive atmospheres.
      In the parts of the installation referred to in Article 10 with a risk of fire or explosion, electrical, mechanical, hydraulic and pneumatic equipment conform to the provisions of Decree of 19 November 1996.
      They are reduced to what is strictly necessary to the needs of the operation and are entirely made up of materials usable in explosive atmospheres. Materials used for natural lighting do not produce ignited drops during a fire.
      The evidence of compliance with the Order of 19 November 1996 is made available to inspection services.

      Article 19 Learn more about this article...


      Electrical installations.
      The operator shall maintain at the disposal of the inspection of classified facilities the evidence that its electrical installations are carried out in accordance with the applicable rules, maintained in good condition and verified. Electrical sheaths and other pipes are not a possible cause of ignition or leakage and are appropriately protected against shocks, the spread of flames and the action of the products present in the part of the facility in question.
      Metal equipment (servoirs, tanks, pipes) is placed on the ground and the same electrical potential, in accordance with applicable regulations and standards.

      Rule 20 Learn more about this article...


      Automatic detection and extinguishing systems.
      Each technical room is equipped with a smoke detector. The operator lists these detectors with their functionality and determines maintenance operations to maintain their efficiency over time.
      The operator is able to demonstrate the relevance of the selected dimensioning for detection or extinction devices. It prepares maintenance instructions and organizes on an annual frequency maintenance checks and tests for which records are kept available for inspection of classified facilities.
      In the event of installation of automatic fire-extinguishing systems, fire-extinguishing systems are designed, installed and maintained regularly in accordance with recognized repositories.

      Article 21 Learn more about this article...


      Fire warning and control means.
      The facility is equipped with fire-fighting tools that are appropriate to the hazards and conform to existing standards, including:
      a means to alert fire and rescue services;
      - plans of premises facilitating the operation of fire and rescue services with a description of the hazards for each premises as provided for in section 10;
      - one or more fire appliances (e.g. water, poles) of a public or private network with a nominal diameter DN100 or DN150 implanted in such a way that any point of the facility's limit is less than 100 metres from a device that provides a minimum flow of 60 cubic metres per hour for a period of at least two hours and that are in compliance with the emergency requirements The aircraft are remote from a maximum of 150 metres (the distances are measured by the tracks practicable to fire and rescue equipment). If not, a water reserve of at least 120 cubic metres for extinction is accessible in all circumstances and at a distance from the facility having collected the advice of departmental fire and rescue services. This reserve has connections that meet the standards in place to allow the fire and rescue service to feed and provide a flow of 60m3/h. The operator is able to justify to the prefect the effective availability of water flows as well as the size of the possible storage basin;
      - extinguishers distributed inside the facility when it is covered, on the outside areas and in locations with specific risks, close to the clearances, well visible and easily accessible. Extinguishing agents are appropriate to the risks to be combated and compatible with stored materials.
      Fire control means are capable of operating effectively regardless of the temperature of the facility, especially during gel periods. The operator shall ensure that the safety and fire control equipment is periodically checked and maintained in accordance with the existing repositories.

      Article 22 Learn more about this article...


      Local plans and network diagrams.
      The operator prepares and maintains the positioning plan for emergency and emergency equipment, as well as the plans for the premises, which it maintains at the disposal of fire and rescue services, which should include, for each location, the hazards present.
      It also sets out the network diagram between equipment specifying the location of manual valves and push buttons to be used in case of malfunction.

    • Section 4: Operations Article 23 Learn more about this article...


      Work.
      In parts of the facility with fire or explosion hazards, and in particular those referred to in section 10, it is prohibited to bring fire in any form, except for work that has been the subject of a "fire permit". This prohibition is displayed in apparent characters.
      Repair or development work leading to an increase in risk (e.g. use of a flame or hot source) can only be carried out after the issuance of a "intervention permit" and possibly a "fire permit" and following a particular instructions.
      The "intervention permit" and possibly the "fire permit" and the specific safety record of the facility are established and covered by the operator or by a person appointed by the operator. When the work is carried out by an outside company, these documents are signed by the operator and by the outside company or the persons they have appointed.
      After the completion of the work and prior to the resumption of the activity, a facility verification shall be carried out by the operator or its representative or the representative of the potential external enterprise.

      Article 24 Learn more about this article...


      Operating instructions.
      Without prejudice to the provisions of Labour code, instructions are established, kept up-to-date and posted in places frequented by staff.
      These instructions include:
      - the prohibition to bring fire in any form, except for the prior issuance of a fire permit;
      – the prohibition of any open air burning;
      – the obligation of the "intervention permit" for the parties involved in the installation;
      - emergency shutdown and installation safety procedures (electricity, fluid networks)
      - measures to be taken in case of leakage on a container or piping containing dangerous substances;
      - the terms and conditions for the implementation of the segregation devices of the collection network, provided for in section 39;
      - means of extinction to be used in the event of a fire;
      - the alert procedure with the telephone numbers of the facility's response officer, fire and rescue services, etc.;
      - the operating modes;
      - the frequency of verification of the safety and limitation or treatment devices generated;
      - maintenance and cleaning instructions;
      - the obligation to inform the inspection of facilities classified in the event of an accident.
      The operator justifies compliance with the requirements of this Article by listing the instructions it sets out and by showing the date of last modification of each.

      Rule 25 Learn more about this article...


      Periodic verification and maintenance of equipment.
      The operator shall ensure or perform the periodic inspection and maintenance of the safety and fire-fighting equipment (e.g., fire-fighting, detection and extinction systems, dry column) and any electrical and heating facilities, in accordance with the existing repositories.

      Rule 26 Learn more about this article...


      Training.
      The operator prepares the training plan, specific to each officer assigned to waste management operations and adapted to their function. This plan includes an evaluation phase and is the subject of a certificate of capacity and knowledge, indicating the validity of each training.
      The operator provides training for all personnel (temporary and permanent) called to work within the facility. It also ensures that service providers, including carriers, have adequate training.
      The facility operator defines a suitable training program including:
      – the various risks encountered on the facility, in particular:
      - fire risk and extinction handling;
      – verification of the security instructions on the site;
      – the conduct to be carried out in the event of an incident or accident;
      waste and waste management sectors;
      means of protection and prevention;
      – gestures and postures when handling heavy or bulky objects;
      - the administrative and control procedures to be carried out on incoming wastes, outgoing cargoes and vehicles to be taken on the site.
      Training may be provided by the operator or by a person of his or her choice.
      The operator shall be at the disposal of the inspection of the facilities classified as evidence of compliance with the provisions of this section.

      Rule 27 Learn more about this article...


      Fall and collision prevention.
      Pedestrians circulate securely between each possible area of waste deposits.
      I. ― When the waste dock is in height, a suitable anti-lap device is installed throughout the unloading area. On other high parts of the site, such as access to the unloading area, a device is put in place to avoid the fall of vehicles downwards.
      Panels indicating the risk of drops are displayed in various locations in these areas. The lower part of the dock, where the containers are handled, is strictly reserved for service personnel. A visible display prohibits this area to users.
      II. ― The premises, traffic lanes and parking areas are free of any constraint on the traffic of vehicles or pedestrians. Lighting is suitable for waste unloading.

      Rule 28 Learn more about this article...


      Deposit zone for re-employment.
      The operator may establish an area within the facility where users deposit their objects or furniture for reuse. The deposit in this area is under the control of a person authorized by the operator and with its agreement.
      This area is sheltered from the weather and distinct from the rest of the facility. The reuse area does not exceed 10% of the total surface of the facility.
      The maximum storage time for these re-use products is fixed by the operator. She can't exceed three months. Beyond this duration, stored products acquire the status of waste and must be managed as such.

    • Section 5: Storage Rule 29 Learn more about this article...


      Storage retention.
      I. ― Any storage of a liquid that may cause water or soil pollution is associated with a retention capacity that is at least equal to the largest of the following two values:
      100% of the capacity of the largest tank;
      50% of the total capacity of the associated tanks.
      This provision is not applicable to wastewater treatment basins.
      For storage of unit capacity receptacles less than or equal to 250 litres, the retention capacity is at least equal to:
      - in the case of flammable liquids, with the exception of lubricants, 50% of the total capacity of drums;
      – in other cases, 20% of the total capacity of the drums;
      - in all cases, 800 litres minimum or equal to the total capacity when less than 800 litres.
      II. - The retention capacity is waterproof to the products it could contain and resist the physical and chemical action of the fluids. The same applies to its shut-off device which is kept closed.
      The leakage of the (or) associated tank(s) must be controlled at any time.
      Containers or containers containing incompatible products are not associated with the same retention.
      Storage of flammable liquids, as well as other toxic or dangerous products for the environment, is permitted under the soil level only in masonate or assimilated pit tanks, and for flammable liquids, under the conditions set out above.
      III. - The soil of areas and premises for the storage or handling of hazardous materials for humans or likely to create pollution of water or soil is watertight and equipped so that it can collect wash water and spilled material accidentally, so that the liquid cannot flow out of the area or area.
      Products recovered in the event of an accident may only be released under conditions consistent with this order or are disposed of as waste.
      IV. - All measures are taken to collect all water and drainage that may be polluted during a disaster, including water used during a fire, so that the water is recovered or treated to prevent pollution of soils, sewers, streams or natural environment. This containment can be achieved by internal or external devices at the facility. Internal devices are prohibited when dangerous substances are stored.
      The collected extinction waters are removed to the appropriate treatment channels. In the absence of previously characterized pollution, they may be evacuated to the receiving environment within the limits allowed below, subject to the compatibility of the discharges presenting the pollution levels defined below with the quality and quantity objectives of the waters referred to in Article L. 212-1 of the Environmental Code:


      Total suspension materials

      100 mg/l

      DBO5 (on non-decisive effluent)

      100 mg/l

      DCO (sur effluent non déanté)

      300 mg/l

      Total hydrocarbons

      10 mg/l

  • Chapter III: Water Resources
    • Section 1: Removals, water consumption and effluent collection Rule 30 Learn more about this article...


      Water removal, drilling.
      All measures are taken to limit water consumption.
      The connection to a water table or the public drinking water distribution network is equipped with a disconnection device that prevents the return of water that can be polluted.
      The use of the fire water system is strictly reserved for damages, emergency exercises and maintenance or maintenance operations outside of the network.
      During the construction of sheet-hole drilling, all measures are taken to prevent the transmission of separate water sheets and to prevent any introduction of surface pollution, including appropriate adaptation to storage or use of hazardous substances.
      The realization of any new drilling or decommissioning of a drilling is brought to the attention of the prefect with all the elements of assessing the hydrogeological impact.
      All drilling shall be in accordance with the provisions of Article L. 411-1 of the mining code.
      In the event of termination of use of drilling, the operator shall take appropriate measures to obtain or fill this work in order to avoid pollution of groundwater sheets.

      Rule 31 Learn more about this article...


      Collection of effluents.
      Direct connections between effluent collection networks to be treated or destroyed and the receiving environment are prohibited, with the exception of accidental cases where the safety of individuals or facilities would be compromised.
      Aqueous effluent discharged by facilities is not likely to degrade the facility's networks or to release toxic or flammable products in these networks, possibly by mixing with other effluents. These effluents do not contain substances that hinder the proper operation of the site's processing facilities.
      The collectors carrying water polluted by flammable liquids, or likely to be, are equipped with effective protection against the danger of flame propagation.
      The effluent collection network plan shows the sectors collected, the points of connection, looks, swallows, lifting stations, measuring stations, manual and automatic valves. It is retained in the installation file.

      Rule 32 Learn more about this article...


      Rainwater collection.
      Unclean rainwaters that do not alter their original quality are evacuated by a specific network.
      Rainwater that is likely to be polluted, including runoff on traffic lanes, parking, loading and unloading areas, storage areas and other waterproof surfaces, are collected by a specific network and processed by an adequate treatment device(s) to process pollutants in the presence.
      These equipment are drained (hydrocarbons and sludges) and cured when the volume of sludge reaches half of the useful volume of the sludge and in all cases at least once a year, unless the operator's justification for the deferral of this operation on the basis of regular visual controls recorded and held at the disposal of the inspection. In any case, the postponement of this operation will not exceed two years. Follow-up sheets for the cleaning of deciant-separators of hydrocarbons, the standard compliance certificate, and waste-processing slips destroyed or retired are required for inspection of classified facilities.

    • Section 2: Releases Rule 33 Learn more about this article...


      Justification of the compatibility of releases with quality objectives.
      The operation of the facility is consistent with the quality and quantity objectives of the waters referred to in Article L. 212-1 of the Environmental Code.
      The prescribed emission limit values are those set out in this Order or those revised downward and presented by the operator in its file in order to incorporate the objectives set out in the above paragraph and to allow compliance, in the non-mix area environment, with environmental quality standards and threshold values defined by the above-mentioned Order dated 20 April 2005 completed by the above-mentioned Order dated 25 January 2010.
      For each pollutant, the rejected flow is less than 10% of the eligible flow by the medium.
      The design and operation of the facilities allows to limit the flow of water and pollutant flows.

      Rule 34 Learn more about this article...


      Measurement of rejected volumes and rejection points.
      The amount of water released is assessed at least once a year.
      Release points in the natural environment are as small as possible. They are designed to allow easy sampling of samples.

      Rule 35 Learn more about this article...


      Limit values of rejection.
      Without prejudice to the authorization of dumping in the public network (art. L. 1331-10 of the Public Health Code), wastewater discharges are the subject as a need for treatment to meet the following, controlled limit values, unless otherwise specified in the standard, on undetected and non-filtered raw effluent, without prior dilution or mixture with other effluents:
      (a) In all cases, before release to the natural environment or to a network of collective sanitation:
      pH 5.5 ― 8.5 (9,5 in case of alkaline neutralization)
      - temperature < 30 °C;
      (b) In the case of rejection in a group remediation network with a treatment plant:
      - suspended material: 600 mg/l;
      DCO: 2,000 mg/l;
      • DBO5: 800 mg/l.
      These limit values a and b are not applicable when the authorization for release in the public network provides a higher value;
      (c) In the case of rejection in the natural environment (or in a group remediation network without a purification plant):
      - suspended material: 100 mg/l;
      DCO: 300 mg/l;
      DBO5: 100 mg/l.
      In all cases, releases must be consistent with the quality or quality objectives of watercourses.
      (d) Specific pollutants: before released into the natural environment or in an urban collective sanitation network.
      - phenol index: 0.3 mg/l;
      ― hexavalent chromium: 0.1 mg/l;
      Total cyanides: 0.1 mg/l;
      AOX: 5 mg/l;
      arsenic: 0.1 mg/l;
      total hydrocarbons: 10 mg/l;
      Total metals: 15 mg/l.
      The total metals are the sum of the mass concentration per litre of elements Pb, Cu, Cr, NI, Zn, Sn, Cd, Hg, Fe, Al.
      In all cases, releases must be consistent with the quality or quality objectives of watercourses.

      Rule 36 Learn more about this article...


      Prohibition of releases in a tablecloth.
      The discharge, even after purification, of waste water to groundwater is prohibited.

      Rule 37 Learn more about this article...


      Prevention of accidental pollution.
      Arrangements are made to ensure that there can be no accident (tight or cuvette, etc.), dumping of hazardous materials in public sewage or natural environment. Evacuation of the collected effluent shall be carried out either under the conditions set out in this section or as waste under the conditions set out in Chapter VII below.

      Rule 38 Learn more about this article...


      Operator monitoring of pollution released.
      Where applicable, the operator is implementing a water release monitoring program that defines the periodicity and nature of the controls. The measures are carried out under its responsibility and at its own expense. At least once a year, the measures provided by the monitoring program are carried out by an approved body selected in accordance with the inspection of classified facilities.
      In all cases, a measure of the concentrations of the release values referred to in section 35 shall be carried out annually by a body approved by the Minister responsible for the environment.
      These measurements are carried out on a representative sample of the operation of the facility and consist of either a continuous sampling of half an hour or at least two instantaneous samplings spaced half an hour.
      If the estimated flow from consumption is greater than 10 m3/d, the operator also performs a continuous measurement of this flow.

      Rule 39 Learn more about this article...


      Spandage.
      Waste and effluent is prohibited.

  • Chapter IV: Emissions in the air Rule 40 Learn more about this article...


    Prevention of fragrant nuisance.
    The operator shall make all arrangements to limit odours from the facility, including to avoid the occurrence of anaerobic conditions in storage or treatment basins, or in open-air channels.
    Without prejudice to the provisions of Labour code, areas capable of fragrant emissions are arranged as much as possible in confined premises and if necessary ventilated. Lined odor effluents are, if any, recovered and routed to a gas purification facility.

  • Chapter V: Noise and vibration Rule 41 Learn more about this article...


    Noise limit values.
    I. ― Noise limit values.
    The sound emissions of the facility are not at the origin, in the regulated-emerged areas, of an emergence greater than the eligible values defined in the following table:


    LEVEL
    ambient noise
    (including noise)
    installation)
    TRADE
    eligible
    for the period
    from 7 a.m. to 10 p.m.,
    except Sundays
    and holidays
    TRADE
    eligible
    for the period
    from 22:00 to 7:00,
    and Sundays
    and holidays

    Higher than 35 and less than or equal to 45 dB(A)

    6 dB(A)

    4 dB(A)

    Higher than 45 dB(A)

    5 dB(A)

    3 dB(A)


    In addition, the limit of ownership of the facility does not exceed, when in operation, 70 dB(A) for the day period and 60 dB(A) for the night period, unless the residual noise for the period under review is greater than that limit.
    II. - Vehicles. - Construction equipment.
    Transport vehicles, handling equipment and construction equipment used inside the facility are in accordance with the provisions in force for limiting their sound emissions.
    The use of all acoustic communication devices (sirnas, tellers, loudspeakers, etc.), disturbing for the neighbourhood, is prohibited, unless their use is exceptional and reserved for the prevention and reporting of serious incidents or accidents.
    III. - Vibrations.
    The facility is built, equipped and operated so that its operation is not at the origin of vibrations in the surrounding constructions that could compromise the health or safety of the neighbourhood or create a nuisance for the neighbourhood.
    IV. - Operator monitoring of sound emissions.
    The operator puts in place a monitoring of the sound emissions of the facility to estimate the value of the emergence generated in the regulated emerging areas. The measurements shall be carried out according to the method set out in the annex to the amended 23 January 1997 order referred to above. These measurements are carried out under representative conditions of the operation of the facility for at least half an hour.
    A measurement of the level of noise and emergence shall be carried out at least every three years by a qualified person or organization, the first measure being carried out in the year following the start of the facility.

  • Chapter VI: Waste Rule 42 Learn more about this article...


    Waste admission.
    Wastes cannot be received outside the installation's opening hours.
    Wastes are received under the control of personnel authorized by the operator or its representative.
    When the filing of a waste is refused to the user, the operator or its representative informs the existing sectors for its management.
    Wastes emitting odorous gases that may hinder the neighbourhood are not stored for more than two days.
    I. - Reception and storage.
    Non-hazardous waste may be deposited directly on areas, dens, lockers or containers specific to each class of waste allowed. The assignment of the various dumps, lockers or containers for waste storage must be clearly indicated by appropriate markings or displays.
    A check of the state and degree of filling of the different containers is carried out daily during the hours of public openings.

    Rule 43 Learn more about this article...


    Outgoing waste.
    Any waste removal operation is carried out under the responsibility of the operator. It organizes the management of outgoing waste under conditions to ensure the preservation of the interests referred to in title I and title IV of Book V of the Environmental Code. It ensures that transport companies, their vehicles and destination facilities have the necessary authorizations, registrations or declarations and approvals.
    I. Register of outgoing waste.
    The operator shall establish and maintain a record of the waste that is released from the site.
    The outgoing waste register contains at least the following information:
    - the date of the shipment;
    the name and address of the recipient;
    ― the nature and quantity of each waste shipped (code of the waste entering under the nomenclature defines section R. 541-8 of the Environmental Code);
    - the number of the follow-up slip and, where applicable, the references to the pre-acceptance certificate;
    the identity of the carrier;
    - the vehicle registration number;
    ― the qualification of the final treatment vis-à-vis the hierarchy of treatment modes defined in article L. 541-1 of the environmental code (recycling, energy enhancement, elimination...) ;
    ― the treatment code that will be operated in the installation according to Annexes I and II of Directive No. 2008/98/EC.

    Rule 44 Learn more about this article...


    Wastes produced by the installation.
    Wastes produced by the facility must be stored in conditions that prevent the pollution risks provided by the various points of this Order.
    Wastes must be treated in facilities regulated for this purpose under the Environmental Code, under conditions that ensure environmental protection.
    Where applicable, the operator must issue a follow-up slip as soon as the operator delivers these waste to a third party and must be able to justify the processing of the waste.

    Rule 45 Learn more about this article...


    Burning.
    The burning of waste in the open air is prohibited.

    Rule 46 Learn more about this article...


    Transport.
    The transport of wastes must be carried out in conditions that prevent flight. In particular, if it is made use of open dumps, the waste from the site must be covered with a tarpaulin or a net.
    The operator will ensure that all waste transport operations comply with these provisions, as well as, where applicable, those of the May 29, 2009 Order on the Transport of Dangerous Goods by Landways for the Transport of Hazardous Wastes. In particular, it ensures the validity of vehicle-specific documents and transport personnel. It gives the driver the transport documents corresponding to the outgoing waste.

  • Chapter VII: Emission monitoring Rule 47 Learn more about this article...


    Inspection of classified facilities.
    Inspection of classified facilities may, at any time, carry out or conduct samples of liquid or gaseous effluent, waste or soil, and perform or carry out measurements of sound levels. The costs of sampling and analysis are borne by the operator.

  • Chapter VIII: Implementation Rule 48 Learn more about this article...


    The Director General of Risk Prevention is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex



    A N N E X E I
    PROVISIONS FOR EXISTING INSTALLATIONS


    The provisions of this Order shall apply to existing facilities as of the date of publication in the Official Gazette, with the exception of articles 11, 13, 14, 19, 20 and 21 which apply to existing facilities according to the following schedule:


    FROM 1 OCTOBER 2012
    FROM 1 JANUARY 2013

    Article 11 ― State of stockpiles of dangerous goods. – Labeling

    Article 13 – Fire reaction.
    Article 14 – Defumage.
    Article 19 – Electrical installations.
    Article 20 ― Automatic detection and extinction systems.
    Article 21 – Fire warning and control means.


Done on March 26, 2012.


For the Minister and by delegation:

Director General

risk prevention,

L. Michel


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