Key Benefits:
Minister of Ecology, Sustainable Development, Transport and Housing,
Having regard to Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October 2009 establishing sanitary rules for by-products not intended for human consumption and repealing Regulation (EC) No. 1774/2002;
Considering the environmental code;
Considering the amended 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;
Considering the decision of 8 January 1998 on sludge spreads on agricultural soils;
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 Decree of 22 March 2004 on fire resistance of products, construction elements and works;
In view of the decision of 7 February 2005 setting out the technical rules to be met by the reporting livestock;
Considering the decision of 31 January 2008 on the register and annual reporting of pollutant emissions and wastes;
In view of the July 7, 2009 Decision on Air and Water Analysis Procedures in CEPAs and Reference Standards;
Considering the opinion of the professional organizations concerned;
In light of the opinion of the Higher Council for Technology Risk Prevention of 14 February 2012,
Stop it!
This Order sets out the requirements for classified facilities for composting non-hazardous waste or raw plant material registered under heading 2780 after the date of entry into force of this Order.
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.
Definitions.
For the purpose of this Order, the following means:
Composting: controlled aerobic biological process usually with a temperature rise phase, which allows the hygienicization and stabilization by degradation/reorganization of organic matter, and leads to the obtaining of a compost that can be used as an amendment or organic fertilizer.
Lot : a quantity of products manufactured in a single establishment on the same production site using uniform production parameters and which is identified so that it can be recalled or reprocessed if necessary.
Andain: longitudinal deposit of organic matter in fermentation formed during the composting process, which the process takes place in open or closed environment.
odour concentration (or odour level): dilution level that must be applied to effluent so that it is no longer felt as odour by 50% of the population sample. It is expressed in European odor unit by m3 (uoe/m3). It is obtained according to NF EN 13 725.
Odour flow: product of the airflow discharge expressed in m3/h by the odour concentration. It is expressed in European odor unit per hour (uoe/h).
odorous intensity: the size of the sensation for a stimulus greater than that corresponding to the threshold of perception of an odor. It is usually a growing function of the concentration of the odorant mixture.
Return to the ground: use of soil fertilization; combines the destination of the composts placed on the market and that of the raw materials on agricultural land as part of a spreading plan.
The materials produced by an installation are of two categories:
1. Finished products, corresponding to fertilizing materials and crop supports conforming to a standard made of compulsory application or benefiting from approval, interim sales authorization or distribution authorization for testing.
2. Wastes, including:
2.a: intermediate materials, intended to be used as raw material in another classified facility, for the production of the finished products referred to above;
2.b: Other waste and effluent produced by the facility.
Emergence: the difference between the level of continuous pressure weighted equivalent of ambient noise (operating installation) and residual noise (in the absence of the noise produced by the installation).
Regulated emerging areas:
(a) The interior of buildings inhabited or occupied by third parties, existing on the date of the filing of the registration file, and their closest external parts (course, garden, terrace) excluding those of buildings located in areas intended to receive artisanal or industrial activities;
(b) Building areas defined by urban planning documents that are opposable to third parties and published on the date of the filing of records;
(c) The interior of buildings inhabited or occupied by third parties that have been established after the date of the filing of records in the building areas defined above and their closest external parts (course, garden, terrace), excluding those of buildings located in areas intended to receive artisanal or industrial activities.
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.
File "categorized installation".
The operator shall prepare and maintain a record with the following documents:
1. A copy of the application for registration and the accompanying file.
2. The registration file dated based on the modifications to the facility, including the daily capacity of the facility in tonnes of processed materials (t/j).
3. The list of substances that may be allowed in the facility: nature and geographical origin.
4. The registration order issued by the prefect and any prefectural order relating to the installation.
5. Results of effluent and noise measurements over the past five years.
6. The various documents provided for in this Order, namely:
― the registry that gathers all reports of accidents or incidents made at the inspection of classified facilities;
– 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;
- evidence of fire resistance properties of premises;
- records for the verification and maintenance of fire warning and control equipment;
- the plans of the premises and the positioning of the alert and rescue equipment;
- operating instructions;
― intake and exit registers;
― the effluent collection network plan;
― the design of the facility for the conduct of critical operations in terms of the issuance of odorous compounds, as specified in section 51;
― the constitutive documents of the spreading plan;
- the file on the prevention and management of odorous nuisances, referred to in Article 51;
- where applicable, the zero state of the odours perceived in the site environment, referred to in section 53.
This file is subject to inspection of classified facilities.
Implantation.
5-1. A composting facility includes:
― an area* (or dedicated equipment) of reception/tri/control of incoming materials;
― an area* (or dedicated equipment) for the storage of incoming materials, adapted to the nature of these materials;
– a preparation area* (or dedicated equipment) if applicable;
– an area* (or dedicated equipment) of aerobic fermentation;
― an area* (or dedicated equipment) of maturation;
- a (or dedicated equipment) refinement/criblage/formulation if applicable;
– a storage area for stabilized compost and waste before shipment if applicable.
A lower number is accepted on explicit justification from the operator.
Areas reported with an asterisk (*) are waterproof and equipped to collect the flowing runoff water, juice and possible process water.
With the exception of those that are housed in a closed building, these different areas are located at least 8 metres from the property limits of the site.
The site mass plan specifying the function of the different areas is an integral part of the registration file.
5-2. Without prejudice to urban planning regulations, the facility is not located within the close protection perimeter of a water capture intended for human consumption.
The facility is installed so that the various areas and equipment mentioned above are located:
– at least 50 metres from homes occupied by third parties, stadiums or registered campgrounds, as well as areas for housing by urban planning documents that are subject to third parties, institutions receiving the public, with the exception of those related to the collection or processing of waste. This minimum distance is ranged from 50 to 200 metres for areas reported with an asterisk (*) to 1 of this section when they are not closed, with the collection and treatment of gas effluents, and 100 metres for such facilities composing related farm effluents from the facility that produced them;
- at least 35 metres from wells and drilling outside the site, sources, free-flow aqueducts, shores, river banks, any underground or semi-enterrated facility used for the storage of water intended for drinking water, agri-food industries, or for the irrigation of vegetable or hydroponic crops; the distance of 35 meters from the shores and banks of the rivers can however be reduced in case of water transport;
- at least 200 metres from public bathing places and beaches;
- at least 500 metres from the fish farms and conchyliculture areas.
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 properly cleaned and designed;
- vehicles leaving the facility do not cause dust or mud deposition on public traffic routes;
– to the extent possible, surfaces not directly used for the activity are enclosed and vegetation screens are put in place.
Integration into the landscape.
The operator shall make appropriate arrangements to integrate the installation into the landscape.
The entire site, as well as its surroundings under the operator's control, are maintained clean and maintained at all times. Release emissaries and their periphery are the subject of special care.
Installation monitoring.
The operation is carried out under the direct or indirect supervision of a person designated in writing by the operator and having knowledge of the conduct of the facility and of the induced hazards and disadvantages and products used or stored in the facility.
Persons outside the facility do not have free access to the facility.
Clean installation.
The premises are maintained clean and regularly cleaned, in particular to avoid clusters of hazardous or polluting materials and dust.
Risk location.
The operator shall identify the areas of the facility that, due to 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 Article 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 areas of the facility the nature of the risk (fire, explosive atmosphere or toxic emanations) and signals it on a conventional panel.
The operator has a general plan of workshops and storages indicating these risks.
State of stockpiles of dangerous goods.
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.
The presence in the installation of hazardous or combustible materials is limited to the requirements of the operation.
Knowledge of products. - Labelling.
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.
Fire resistance.
The buildings and premises sheltering the facility have the following minimum fire reaction and resistance characteristics:
― ensemble of the R15 minima structure;
- interior and exterior walls of class A2s1d0;
– roofs and roof covers of class and index BROOF (t3).
The premises do not contain any storage of flammable or combustible materials other than those strictly necessary for the exercise of the activity.
Defensive.
When the composting equipment is covered, the roof has at least 2% of its surface of the elements allowing, in the event of fire, the evacuation of smoke (e.g., light fusible materials under the heat effect). Compulsoryly integrated into these elements are smoke and heat outlets with automatic and manual control, the surface of which is calculated according to the nature of the products, materials or substances stored, on the other hand, of the dimensions of the building; it is never less than 0.5% of the total roof surface.
The manual control of smoke outlets must be easily accessible from emergency exits.
Closure of installation.
The installation is closed with a minimum height of 2 metres to prohibit 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 hours of receipt of the materials to be processed. These reception times are indicated at the entrance of the facility.
These provisions, however, do not apply to the associated facilities of a farm composing only its own effluent.
For facilities located on the same site as another classified facility whose site is already closed, a simple signage is sufficient.
Access control. – Accessibility in the event of a loss.
I. - Accessibility.
The facility has at least one access at all times to allow fire and rescue services to operate.
For the purpose of this Order, "access to installation" means an opening linking the service or public lane and the interior of the site sufficiently sized to allow the entry of emergency equipment and their implementation.
Vehicles whose presence is related to the operation of the facility station without causing any discomfort to the accessibility of emergency equipment to the facility, even outside the operating and opening hours of the facility.
II. - Accessibility of equipment near the facility.
At least one "machine" track is kept clear for traffic on the perimeter of the installation and is positioned so that it cannot be obstructed by the collapse of all or part of the installation.
This "machine" track respects the following characteristics:
- the useful width is at least 3 metres, the free height at a minimum of 3.5 metres and the slope below 15%;
- in the inner radius bends below 50 meters, a minimum R internal radius of 11 meters is maintained and an overwidth of S = 15/R meters is added;
– the track is resistant to the load calculated for a vehicle of 160 kN with a maximum of 90 kN per axle, with a maximum distance of 3.6 metres;
― each point in the perimeter of the installation is at a maximum distance of 60 metres from this track.
In the event of the impossibility of setting up a "machine" track allowing traffic on the entire perimeter of the installation and if all or part of the track is stale, the last 40 meters of the part of the stale track are of a minimum useful width of 7 meters and a 10-metre-diameter overturning area is scheduled at its end.
III. - Displace emergency equipment inside the site.
In order to allow the crossing of emergency equipment, any section of "machine" track of more than 100 linear meters has at least two so-called cross-roads, judiciously positioned, whose characteristics are:
― minimum useful width of 3 meters in addition to the machine track;
- minimum length of 10 meters,
and presenting the same qualities of slope, bearing force and free height as the "machine" path.
IV. - Establishing the hydraulic system from the equipment.
From each "machine" track, access is provided to all exits of the building or at least two opposite sides of the installation by a stabilized path of at least 1.40 metres wide.
Ventilation of premises.
Without prejudice to the provisions of Labour code and in normal operating phase, the premises are properly ventilated to avoid any risk of formation of explosive or toxic atmosphere. 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.
Automatic detection and extinguishing systems.
All closed-risk areas identified in section 10 are 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 a semi-annual basis, minimum maintenance checks and tests for which records are made 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.
Fire warning and control means.
The facility has the necessary means to alert fire and rescue services, as well as fire-fighting facilities that are appropriate to the hazards and comply with existing standards, including:
- one or more fire appliances (e.g. water, poles) of a public or private network established in such a way that any point of the limit of the piles of raw materials before, during and after composting is less than 100 metres from a device to provide a minimum flow of 60 m3/h for at least two hours. If not, a water reserve intended for extinction is accessible in all circumstances. If the fire is not intended exclusively for fire extinguishing, the operator materializes the volume required for fire defence and ensures that the water reserve is permanently available. Its size and location must have received the approval of departmental fire and rescue services prior to the commissioning of the facility;
- 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. In the event of a high fire risk, the facility is also equipped with armed fire valves located near the exits of the closed buildings. They are arranged so that a fireplace can be attacked simultaneously by two lances from two different angles.
Fire-fighting means are available continuously and sized to operate effectively regardless of the outside temperature, especially during freezing times.
The operator shall conduct the periodic inspection and maintenance of the safety and fire control equipment in accordance with the existing repositories. The results of the controls and, where applicable, those of the maintenance operations are recorded.
Local plans.
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.
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".
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 of fire in any form, including the prohibition of smoking, in areas with fire or explosion risks, except for the prior issuance of a fire permit;
– the obligation of the "intervention permit" for the parties involved in the installation;
- the terms and conditions for the implementation of the containment and isolation devices of the collection network, as provided for in section 34, item 4.
- 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 prohibition of any open air burning.
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.
Means for ELVs.
The establishment has sufficient reserves of consumer products or materials used in a common or occasional manner to ensure compliance with emission limit values and other provisions of this Order such as filter sleeves, neutralization products, inhibitor liquids, absorbent products, etc.
Periodic verification and maintenance of equipment.
The operator ensures or performs the periodic verification and maintenance of fire safety and control equipment in place (e.g. extinguishments, detection and extinction systems, fire cut-off doors, dry column) as well as any electrical and heating facilities, in accordance with the applicable repositories.
Periodic verifications of these materials are recorded in a register on which follow-ups are also mentioned.
Nature of incoming materials.
Eligible in a composting centre for composting only wastes and materials of interest to soils or plant nutrition or for the smooth running of the composting process.
Intake of the following wastes on the facility site is prohibited:
- hazardous waste within the meaning of Article R. 541-8 of the aforementioned environmental code;
- Category 1 animal by-products as defined in Article 8 of Regulation (EC) No 1069/2009;
- waste containing one or more radionuclides whose activity or concentration cannot be overlooked from the perspective of radiation protection.
Any admission considered by the operator of substances to compost a different nature or origin from those mentioned in the registration file is brought to the prefect's knowledge with all the elements of appreciation.
Some wastes, which may evolve into anaerobics and generate odorous nuisances, must, as soon as possible, if necessary after fragmentation, be mixed with products with complementary characteristics (structuring, carbonated, dry), the installation of which must have in sufficient quantity.
Any admission considered by the operator of wastes or materials of a different nature than that mentioned in the package file, which may result in a noticeable change in the elements of this file, is brought to the attention of the prefect with all the elements of appreciation.
Preliminary information on substances to be processed.
The operator of a composting facility develops one or more specifications to define the quality of eligible wastes. Prior to the first admission of a waste to the facility and for the purpose of verifying its eligibility, the operator requests the producer of the waste or the community in charge of the collection prior information on the nature and origin of the waste and its compliance with the specifications. This prior information is renewed annually and maintained at least three years by the operator.
The operator shall make available to the inspection of the classified facilities the compendium of the specifications and the prior information that has been sent to it.
Admission records.
Each intake of waste leads to the control of their compliance with the information referred to in the pre-information document established pursuant to Article 26. The materials and wastes received are subject to an off-site prior weighing or upon admission, and visual inspection upon arrival on the site. An estimate of incoming quantities can be weighed.
Any admission of waste or material shall result in a registration of:
– the date of receipt, the identity of the carrier and the quantities received;
- the identity of the waste producer or community in charge of their collection, and their origin;
― the nature and characteristics of the waste received with the corresponding code of the nomenclature in Appendix II to section R. 541-8 of the Environmental Code.
Rejected deliveries are also reported in this register, with reference to the grounds for refusal and the destination of the refused wastes indicated by the producer or community in charge of the collection of these wastes.
This provision relating to the registration of substances does not apply to effluents produced by a farm whose composting facility is associated.
Admission records are archived for a minimum period of ten years. These records are kept at the disposal of the inspection of classified facilities and, where applicable, the inspection authorities referred to in section L. 255-9 of the Rural and Maritime Fisheries Code.
The mixture of various wastes or the return of the compost at the top of the treatment for diluting pollutants or unwanteds is prohibited.
Composting.
The composting process begins with an aerobic fermentation phase of the substance after mixing, with aeration of the material obtained by overturning and/or by forced aeration. This aerobic phase is conducted according to the provisions set out in Appendix I.
The shelf life of the materials during aerobic fermentation composted in the corresponding area is at least three weeks, which can be reduced to two weeks in the event of forced aeration.
At the end of the aerobic phase, compost is directed to the maturation zone.
The operator sets the conditions and means of control to avoid the occurrence of anaerobic conditions in the storage of incoming materials or during fermentation or maturation phases. The maximum height of fermentable piles andains during these phases is limited to three metres. The height can be increased to five metres if the operator demonstrates that this height does not result in nuisance and does not adversely affect compost quality.
Storage of composts.
The operator specifies in its file the storage capacity of the finished composts available to the facility. This capacity, including, where applicable, the one available on another site, is sufficient to deal with the irregularity of the quantities used or sold.
Batch management.
The operator introduces a separate batch management of manufacturing, from the constitution of the andains to the disposal of the compost. It indicates in its record file the organization set up to respect this batch management. It maintains a lot-based monitoring document on which it defers all useful information regarding the conduct of the degradation of the materials and the biological evolution of composting and making the link between incoming and outgoing substances after composting. When relevant to the process, the following information is reported in particular on this document:
- the nature and origin of the goods or wastes forming the lot;
― temperature and humidity measurements identified during the process, the temperature measurements being carried out in accordance with the schedule;
― number and dates of aeration or periods and, where applicable, waterings of the Andans;
- duration of fermentation and maturation phase;
- the results of the analyses required to demonstrate the conformity of the compost lot with the criteria defining a fertilizer material.
This follow-up document is regularly updated, archived and maintained at the disposal of the inspection of facilities classified for a minimum period of ten years. It is communicated to any user of the materials that are produced upon request.
Process anomalies and non-conformities of finished products are identified and analyzed to receive a necessary treatment for the return of experience of the operating method.
The provisions of this section do not apply to the associated facilities of a livestock farm, composing only its own effluents.
Conformity of compost with criteria defining fertilizing matter.
Without prejudice to the application of the provisions of sections L. 255-1 to L. 255-11 of the Rural and Maritime Fisheries Code and Articles L. 214-1 and L. 214-2 of the Consumer Code for fertilizing materials and crop supports, the operator shall provide for the inspection of classified facilities and the inspection authorities responsible for sections L. 255-1 to L. 255-11 of the Rural Code and Maritime Fisheries the evidence relating to the conformity of each batch of compost with the criteria defining a fertilizer material.
On this basis, the operator prepares an annual assessment of non-compliances and corresponding quantities, also available to these authorities.
Intermediate matter.
For each intermediate material as defined in section 2, the operator shall respect at least the limit content defined in NFU 44-051 concerning metal trace elements and organic trace compounds. Its undesirable content (plastic, metal, glass) must also be consistent with the limit values of NF U 44-051 in cases where the manufacture of finished compost does not involve a phase of removal of these unwanted elements. It maintains evidence regarding the conformity of each lot at the disposal of the inspection of classified facilities and of the inspection authorities responsible for sections L. 255-1 to L. 255-11 of the Rural and Maritime Fisheries Code.
Exit register.
The operator maintains a record of outputs distinguishing finished products, intermediate materials and waste intended for spreading and mentioning:
- the date of removal of each lot;
- the corresponding masses and characteristics, especially in relation to the quality parameters specified by the standard;
– the recipient(s) and the corresponding masses.
This exit register is archived for a minimum period of ten years and held at the disposal of the inspection of classified facilities and, where applicable, the inspection authorities responsible for articles L. 255-1 to L. 255-11 of the Rural and Maritime Fisheries Code.
The workbook as provided for in the above-mentioned decision of 7 February 2005 may be used as an exit register.
Retention devices.
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 it is 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.
Products recovered in the event of an accident may only be released under conditions consistent with this order or are disposed of as waste.
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.
The materials collected are preferably recovered and recycled, or if impossible, processed in accordance with sections 32, 56 and 57.
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.
The containment device flow holes are in the default closed position.
The collected extinction waters are disposed of to the appropriate waste processing channels.
Compliance with quality objectives.
The operator justifies the compatibility of the operation of the facility with the quality and quantity objectives of the waters referred to in Article L. 212-1 of the Environmental Code and deferred to the water development and management master plan.
It indicates the arrangements made in the design and operation of the facility to limit water flows.
Water removal.
The sampling is not in an area where permanent quantitative distribution measures have been instituted under Article L. 211-2 of the Environmental Code.
In the event of connection, on a public network or on a sheet drilling, the work is equipped with a disconnection device.
The sampling works in watercourses do not interfere with the free flow of water. Only can be constructed in the bed of the watercourse of sampling works that do not require the authorization referred to in Article L. 214-3 of the Environmental Code. The operation of these works is in accordance with the provisions of Article L. 214.18.
Samples.
The operator indicates in its file the steps taken for the establishment, operation, monitoring, monitoring and stopping of sampling works.
Water sampling facilities are equipped with a totalizing measuring device. This device is recorded daily if the debit is likely to exceed 100 m3/d, weekly if the debit is lower. These results are stored on a registry that is eventually computerized and stored in the installation folder.
In the event of a connection to a public network or on a sheet drilling, the work is equipped with a disconnection device.
The sampling works in watercourses do not interfere with the free flow of water. Only can be constructed in the bed of the watercourse of sampling works that do not require the authorization referred to in Article L. 214-3 of the Environmental Code.
Forages.
All drilling is consistent with provisions of section 131 of the mining code and at the decision of 11 September 2003 setting out the general requirements for the survey, drilling, the creation of wells or groundwork subject to declaration under sections L. 214-1 to L. 214-3 of the environmental code and under section 1.1.1.0 of the nomenclature set out in section R. 214-1 of the environmental code.
When drilling into a table, all measures are taken to avoid the transmission of separate water sheets and to prevent any introduction of surface pollution.
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.
Collection of effluents.
Direct connections between effluent collection networks to be treated and the receiving environment are prohibited, with the exception of accidental cases where the safety of individuals or facilities would be compromised.
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 folder.
Release points.
Release points in the natural environment are as small as possible.
Residual water discharge devices are designed to minimize the disruption to the receiving environment, the edges of the discharge point and the swallowing of the receiving environment, and not to hinder navigation.
Sampling points for controls.
On each effluent discharge pipe is provided a sample sampling point and measurement points (debit, temperature, polluting concentration...).
These points are designed to be easily accessible and to allow safe interventions. All arrangements are also made to facilitate the intervention of organizations outside the application for inspection of classified facilities.
Rainwater discharge.
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, composting or storage areas and other waterproof surfaces, are collected by a specific network and processed by one or more appropriate treatment devices.
When the runoff on all surfaces of the facility, in the event of rain corresponding to the maximum 10-year precipitation, is likely to generate a flow rate at the outlet of the treatment structures of these waters greater than 10% of the QMNA5 in the receiving environment, the operator shall set up a collection work to meet the flow rate below 10% of this QMNA5.
In case of rejection in a collective collection work, the maximum flow rate is fixed by agreement between the operator and the manager of the collection work.
The collected water can only be released to the receiving environment after quality control and, if necessary, appropriate treatment. Their release is spread over time as a need to comply with the limit values set out in section 47, subject to the compatibility of the discharges with 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.
Underground water.
Discharges of effluent to groundwater are prohibited.
Release parameters.
The requirements of this article apply only to direct releases to the natural environment.
The operator justifies that the daily maximum flow rate does not exceed 1/10 of the interannual average flow rate of the watercourse.
For conchylic receptor waters, the pH altered by discharges shall remain between 7 and 9 and releases do not result in an increase of more than 30% of suspended material and a variation of more than 10% of salinity, with the measurement being done outside the mixing area.
The provisions of the previous paragraph do not apply to the marine waters of overseas departments.
ELV for rejection in the natural environment.
Residual waters released in the natural environment respect the following concentration limits, according to the maximum discharged daily flow.
| 1. Total Suspension Materials (MEST), chemical and biological oxygen demand (DCO and DBO5) | |
| Total suspension materials | |
| Maximum daily flow less than or equal to 15 kg/j | 100 mg/l |
| Maximum daily flow greater than 15 kg/j | 35 mg/l |
| DBO5 (on non-decisive effluent) | |
| Maximum daily flow less than or equal to 15 kg/j | 100 mg/l |
| Maximum daily flow greater than 15 kg/j | 30 mg/l |
| DCO (sur effluent non déanté) | |
| Maximum daily flow less than or equal to 50 kg/j | 300 mg/l |
| Maximum daily flow greater than 50 kg/j | 125 mg/l |
| 2. Azote and phosphorus ( corresponding concentration) Monthly average value) | Global Azote including organic nitrogen, ammoniacal nitrogen, oxidized nitrogen |
| Maximum daily flow greater than or equal to 50 kg/day | 30 mg/l |
| Maximum daily flow greater than or equal to 150 kg/day | 15 mg/l |
| Maximum daily flow greater than or equal to 300 kg/day. | 10 mg/l |
| Phosphorus (total seal) | |
| Maximum daily flow greater than or equal to 15 kg/day | 10 mg/l |
| Maximum daily flow greater than or equal to 40 kg/day, | 2 mg/l |
| Maximum daily flow greater than 80 kg/day. | 1 mg/l |
Connection to a treatment plant.
Connecting to a collective, urban or industrial wastewater treatment plant is permitted only if the sanitation infrastructure (network and sewage) is capable of transporting and processing industrial effluent, including sludge, under good conditions. A spill authorization and, where applicable, a spill agreement are established with the manager of the remediation network and the collection network; this convention can then specify the concentration limit values to be taken into account.
Otherwise, the concentration limit values imposed on the effluent at the outlet of the pre-connection facility at an urban purification plant do not exceed:
MEST: 600 mg/l;
DBO5: 800 mg/l;
DCO: 2,000 mg/l;
Global Azote (expressed in N): 150 mg/l;
Total Phosphorus (expressed in P): 50 mg/l.
For pollutants other than those regulated above, limit values are the same as for a release into the natural environment.
For temperature, flow and pH, the release authorization in the public network sets the value to be respected.
Unless otherwise provided, the limit values above apply to average sampling, measurements or analyses carried out over 24 hours.
Rainwater.
Releases of piped rainwater comply with the following concentration limit values, subject to the compatibility of releases with the pollution levels defined below with the quality and quantity objectives of the water referred to in Article L. 212-1 of the Environmental Code:
| Total suspension materials | 35 mg/l |
| DCO (sur effluent non déanté) | 125 mg/l |
| Total hydrocarbons | 10 mg/l |
Treatment facilities.
Treatment facilities for direct release in the natural environment and pre-treatment facilities in the event of connection to a collective purification plant, where they are required to respect the limit values imposed on the discharge, are designed to cope with variations in the flow, temperature or composition of the effluents to be treated in particular on the occasion of the start-up or shut-down of the facilities.
Spandage.
The primary destination of the facility is the production of a fertilizing material or a culture medium approved or conforming to a mandatory application standard pursuant to sections L. 255-2 to L. 255-11 of the rural and marine fisheries code. With the exception of the associated facilities of a farm composting its own effluents, the amount of compost produced that does not meet these conditions shall not exceed 10% of the amount produced over a year when the nature and quality of the treated wastes permit.
The provisions of this Order shall apply to spreading:
- composted materials that do not meet the criteria of fertilizing material as referred to above;
― effluent produced by the facility.
The spread of these materials is permitted, under the conditions specified in Appendix II, if the following limits are met:
- total nitrogen quantity less than 10 t/year;
- annual volume below 500,000 m3/year;
- DBO5 less than 5 t/year.
The provisions of this section shall not apply to substances produced exclusively from livestock effluents, whether or not associated with raw plant materials, if the spread is carried out on the lands operated by the farmer(s) that provided the livestock effluent: the conditions for spreading are then those defined for the effluents of the original farm.
Prevention, capture and purification of releases to the atmosphere.
The operator shall adopt all necessary measures to prevent and limit the volume of dust and other materials. It sets up, if necessary, sprinkling or wiring systems.
Equipment and infrastructure that may release smoke, gas, dust or odorous compounds are operated to prevent emissions and are, where appropriate, equipped with devices to collect and channel emissions. The pipeline gaseous effluents are recovered and transported to a gaseous sewage facility, the outlet of which is located in such a way as to limit the neighbourhood's discomfort.
This implantation rule also applies to diffuse odour sources whose gaseous effluents are not collected, such as composting, open storage sites or lagoons.
Content of the file listed odours.
The operator designs and manages its installation to take into account and limit odorous nuisances. To this end, the Committee is implementing a dossier on this issue, which includes:
― the plan for areas of human occupation within a radius of 1 km around the site, as specified in section 53 below;
― the zero state of the odorous perceptions present in the site environment before the start of the installation, as specified in section 53 below, in the case of an installation created more than four months after publication of this Order. However, this document is not required for facilities where the operator can justify that the environment is particularly low;
- the list of the main sources of fragrant emissions outside, whether continuous or discontinuous, concentrated or diffuse;
- a list of critical operations that may cause significant odour emissions, specifying the corresponding frequency of each of them;
― the design of the facility for the conduct of critical operations in terms of the emission of odorous compounds;
- a document specifying the technical means and operating modes used to limit the odorous emissions caused by the installation.
Prevention of fragrant emissions.
The facility is equipped, equipped and operated so that its operation is not at the origin of fragrant shades for the neighbourhood. In particular, the operator ensures that anaerobic conditions are not encountered at all times in the storage of the material received and in composting treatment.
In the event of a complaint that resulted in the limitation of control, the operator shall make a statement of olfactory perceptions in the environment by a competent body. The intensity of odors attributable to the activities of the facility, measured according to the current standard (norm NF X 43-103 to the date of publication of this Order) at the level of human occupancy zones as defined in section 53 below, located within a radius of 3,000 metres of the fenced limits of the facility, shall be considered to be low.
Management of fragrant nuisances.
The operator realizes and maintains and at the disposal of the inspection of classified facilities a plan showing the areas of human occupancy present within a radius of 1 km around the site: dwellings occupied by third parties, areas intended for housing by urban planning documents opposable to third parties, stadiums or registered campgrounds, establishments receiving the public with the exception of those related to the collection and processing of wastes,
The operator keeps up-to-date and at the disposal of the inspection of classified facilities a record of any complaints that are communicated to it, including the information necessary to characterize the conditions for the appearance of nuisances that have motivated the complaint: date, time, location, weather conditions, possible correspondence with a critical operation.
For each event reported, the operator identifies the causes of the nuisances identified and describes the measures it puts in place to prevent the renewal of operating situations at the origin of the complaint. Where there is a riparian committee, the operator shall submit to it annually the corrective actions it has implemented.
In addition to cases where the facility's environment has a particularly low sensitivity, especially in the event of a lack of human occupation within a radius of 1 kilometre around the site:
- the operator shall maintain and attach to the record referred to in Article 4 a notebook of the facility on which it defers the dates, hours and descriptions of the critical operations carried out;
―it produces by a competent body a state of the odorous perceptions present in the site environment before the start of the installation (state zero), indicating, to the extent possible, the characteristics of the odors perceived in the environment: nature, intensity, origin (by discriminating other odors from the activities possibly already present on the site), type of perception (odor perceived by bloated or continuously). This zero state of odorous perceptions is, if any, attached to the registration file.
In the event of significant nuisances, the operator shall conduct by a competent body a diagnosis and a dispersion study to identify the odorous sources on which modifications are to be made so that the installation complies with the following objective of ambient air quality: the odour concentration attributable to the installation as assessed in the said study at the level of the enclosed areas listed in the first paragraph of this article within a radius of 3000 meters.
Control of odor treatment equipment.
The operator of a facility with odour treatment equipment, such as gas washers or biofilters, carries out the control of these equipment at least once every three years. These controls, carried out upstream and downstream of the equipment, are carried out by an organization with the knowledge and skills required; they have a minimal measure of the following parameters: sulphur compounds, ammonia and odour concentration. The results of these controls, specifying the organization that has carried out them, the methods implemented and the conditions under which they were conducted, are made available for inspection of classified facilities.
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:
| 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) |
Waste storage.
The operator shall segregate waste (dangerous or non-dangerous) within the facility to facilitate their processing or disposal in specific industries.
Wastes produced by the facility and the undesirable fraction likely to be extracted from waste intended for composting are stored under conditions that do not pose a risk of pollution.
The quantity of waste other than effluent, composting waste and composted waste stored on the site does not exceed the monthly capacity produced or, in the case of external processing, a normal batch of shipment to the disposal facility.
Temporary storage of hazardous wastes is carried out on watertight storage bowls.
Disposal of waste.
Wastes that cannot be valued are disposed of in regulated facilities in accordance with the environmental code. The operator is able to justify the removal on request of the inspection of classified facilities.
The operator sets up a register characterizing and quantifying all hazardous waste generated by its activities (nature, tonnage, disposal industry, etc.). It issues a tracking slip as soon as it delivers these waste to a third party.
Any burning of waste in the open air is prohibited.
Inspection of classified facilities.
Inspection of classified facilities may, at any time, carry out or carry out samples of liquid or gaseous effluent, waste, compost or soil, and perform or carry out measurements of sound levels. The costs of sampling and analysis are borne by the operator.
Implementation.
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.
A N N E X E S
A N N E X E I
TRANSFORMATION STANDARDS
The processing standards set out in this annex are not applicable to facilities that implement lombri-composting treatment.
| Composting with aeration | 3 weeks of aerobic fermentation at a minimum; At least 3 turns spaced at least 3 days; At least 55 °C for a minimum period of 72 hours. |
| Composting in forced aeration | 2 weeks of aerobic fermentation at a minimum; At least 1 turnover (returning after aerobic fermentation followed by a temperature rise at 50 °C for 24 hours); At least 55 °C for a minimum period of 72 hours. |
A N N E X E I
TECHNICAL PROVISIONS CONCERNING
In vulnerable areas, delimited pursuant to sections R. 211-75 to R. 211-79 of the Environmental Code, the provisions set out by the action programs to be implemented for the protection of water from agricultural nitrates provided for in sections R. 211-80 to R. 211-83 of the Environmental Code are applicable to the installation. Waste or effluent, as referred to as substances, is also subject to the following provisions:
1. General.
Spanded matter has an interest in soils or crop nutrition and its application does not affect, directly or indirectly, the health of humans and animals, the quality and phytosanitary status of crops or the quality of soils and aquatic environments.
Spanding is carried out in such a way that the nuisances are minimized.
In the event of a risk of exceeding the storage capacity of the material to be spread, the operator assesses the additional storage capacity to be put in place, describes the modifications to the facility and informs the prefect beforehand. If not, it identifies the treatment facilities for such substances to which it may use.
A pre-wage study specifies the safety (under the conditions of employment) and the agronomic interest of the materials in relation to the parameters defined in point 6 below, the suitability of the soil to be received and the detailed spread plan below. This study justifies the compatibility of spreading with the environmental constraints identified and the existing planning documents, including the plans set out in section L. 541-14 of the Environmental Code and the water development and management plans, as set out in sections L. 212-1 and 3 of the Environmental Code.
2. Preliminary study and spreading plan.
The pre-study includes:
― the characterization of the material to be spread: predictive quantities, production rate, agronomic value with respect to the parameters defined in point 6 below, metal trace content, undesirable elements and impurities, physical condition, pre-treatment (dehydration, pressing, tracing...);
- the indication of doses of raw materials according to the different types of fertilizing culture and the predictive yields of crops;
- description of soil characteristics, in particular with respect to the parameters defined in point 6, given analyses dating less than three years for parameters other than nitrogen and less than one year for nitrogen;
― the demonstration of the adequacy between agricultural surfaces controlled by the operator or made available to it by land lenders and the flow of materials to be spread (productions, doses to the hectare and return time on the same plot);
– the location, volume and characteristics of storage structures.
In view of this pre-study, a spreading plan is carried out; it shall be constituted:
―a map at a minimum scale of 1/25,000 allowing to locate areas where spread is possible given the exclusions referred to in point 3 below "Sanding Rules". This map, or an accompanying document, shows the contours and numbers of PAC reference islets or, if not, the cadastral references of the plots, the total area, the purable area, the name of the agricultural operator, as well as the areas excluded from spreading;
a document indicating the identity and address of agricultural operators who have signed a written contract with the facility operator, including their mutual commitments and responsibilities.
Any modification of the spread plan must be brought to the attention of the prefect before it is realized.
3. Spanding rules.
3.1. Intakes.
Nitrogen, phosphorus and potash intakes of all origins, organic and mineral, on lands subject to spreading, take into account the rotation of crops as well as the particular nature of land and its fertilizing content. For these elements, fertilization is balanced and corresponds to the export capacities of the culture concerned. Organic nitrogen fertilization is prohibited on all legumes except for alfalfa and grass-leaving meadows.
3.2. Specifications of sanded materials.
The pH of the material is between 6.5 and 8.5. However, different values may be retained subject to favourable conclusions of the preliminary study.
The operator shall establish a seed control program, which may not be applied in the following cases:
- if the metallic trace elements in the soil exceed one of the limit values set out in Appendix I of the Order of January 8, 1998;
- provided that one of the undesirable elements or compounds contained in the waste or effluent exceeds the limit values set out in Appendix I of the January 8, 1998 Order;
- provided that the flux, accumulated over a period of ten years, provided by waste or effluent on one of these components or compounds exceeds the limit values set out in Appendix I to the Order of January 8, 1998;
- except for liquid effluents, to which the following requirements do not apply, if their contents in micro-organisms exceed the following values:
salmonella: 8 NPP/10 g MS (numbering according to the most likely number technique);
― enterovirus: 3 NPPUC/10 g MS (numbering according to the most likely number of cytopathogenic units);
― viable heminth eggs: 3 to 10 g MS.
Materials do not contain trace elements of metal or organic trace compounds other than those listed in Appendix I of the Order of January 8, 1998.
Waste or effluent shall not be disposed of on soils with a pre-spread pH of less than 6, except where the following three conditions are simultaneously met:
- soil pH is greater than 5;
- the nature of the material can help to trace the soil pH to a value greater than or equal to 6;
– the maximum cumulative flux of soil elements is less than the values of Appendix I of the January 8, 1998.
3.3. Forecasting program.
An annual forecasting program is established, in agreement with land lender farmers, no later than one month before the start of the operations concerned. It also includes the parcels of the waste or effluent producer when it is also an agricultural operator.
The program includes:
― the list of plots affected by the campaign as well as the characterization of crop systems (cultures established before and after spreading, intercultural period) on these plots;
― a characterization of the different types of materials and lots to be spread (forecast, production rate, as well as at least the total nitrogen content and mineral and mineral nitrogen available for fertilizing culture, measured and determined on the basis of analyses dating less than a year);
- specific preconizations for the intake of waste or effluent (calendar and spreading doses...);
― the identification of legal or physical persons involved in the realization of the spread.
This forecasting program is available for inspection of classified facilities. He was sent to him on his request.
3.4. Characterization of materials.
The characterization of the spreading materials provided in the pre-study must be verified by analysis prior to the first spreading.
3.5. Case of a new installation.
In the case of a new installation, the data on the characteristics of the materials and the doses of employment are updated and sent to the prefect after the first year of operation.
3.6. Technical methods of spreading.
Unstabilized waste is buried as soon as possible, within a maximum period of forty-eight hours, to reduce fragrant nuisances. Derogations from the obligation of burial may, however, be granted on justification in the record for crops in place provided that these are not intended for direct human consumption.
When effluents are likely to contain pathogenic microorganisms, spreading shall not be performed by aero-aspersion devices.
3.7. Distances and spreading times.
Subject to the requirements established under theArticle L. 20 of the Public Health Code, the spread of waste or effluent respects the following minimum distances and times:
| Puits, drilling, sources, aqueduct transiting water for human consumption in free flow, underground or semi-enterrated installations used for water storage, used for drinking water or for the irrigation of vegetable crops. | 35 metres 100 metres | Land under 7 per cent Field Slot over 7% |
| Water courses and water plan | | Land under 7 per cent |
| | 5 meters from the banks | 1. Unfermentable wastes buried immediately after removal |
| | 35 meters from the banks | 2. Other cases |
| | | Field Slot over 7% |
| | 100 meters from the banks | 1. Solid and stabilized wastes |
| | 200 meters from the banks | 2. Non solid and unstabilized wastes |
| Bathing places. | 200 metres | |
| Aquaculture sites (pisciculture and conchyliculture areas). | 500 metres | |
| Habitation or premises occupied by third parties, recreation areas, public accommodation. | 50 metres 100 metres | In case of waste or fragrant effluent |
| Herbages or forage cultivation. | Three weeks before the feeding of animals or the harvest of forage crops. | If there is no risk associated with the presence of pathogens. |
| | Six weeks before the feeding of animals or the harvest of forage crops. | Other cases. |
| Land for vegetable or fruit crops other than fruit trees. | No spread during the vegetation period. | |
| Fields intended or assigned to vegetable or fruit crops, in contact with soils, or likely to be consumed in a raw state. | Ten months before the harvest and during the harvest itself. Eighteen months before harvest, and during harvest. | If there is no risk associated with the presence of pathogens. Other cases. |
Done on 20 April 2012.
For the Minister and by delegation:
Director General
risk prevention,
L. Michel
