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Decree Of 14 December 2013 Relative To The General Requirements Applicable To Facilities Under The Scheme Of The Registration Under The Heading No. 2220 (Preparation Or Preservation Of Food Products Of Plant Origin) Of...

Original Language Title: Arrêté du 14 décembre 2013 relatif aux prescriptions générales applicables aux installations relevant du régime de l'enregistrement au titre de la rubrique n° 2220 (préparation ou conservation de produits alimentaires d'origine végétale) de...

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JORF n°0298 of 24 December 2013 page 21146
text No. 43



Order of 14 December 2013 relating to the general requirements for facilities under the registration regime under heading 2220 (preparation or conservation of vegetable foods) of the nomenclature of facilities classified for environmental protection

NOR: DEVP1307960A ELI: https://www.legifrance.gouv.fr/eli/arrete/2013/12/14/DEVP1307960A/jo/texte


Publics concerned: operators of facilities classified for the protection of the environment (ICPE) under the registration regime under section 2220 of the nomenclature of ICPE (preparation or conservation of vegetable food products).
Subject: creation of general requirements for facilities under the registration regime under heading 2220.
Entry into force: the text comes into force on January 1, 2014.
Notice: This Order sets out the technical rules that must be implemented by ICE operators under the registration regime under section 2220 to prevent and reduce the risk of accidents or pollution.
References: This text can be found on the website Légifrance (http://www.legifrance.gouv.fr).
Minister of Ecology, Sustainable Development and Energy,
Considering Regulation (EC) No 1272/2008 of the European Parliament and Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006;
In view of Directive 2000/60/EC of the European Parliament and the Council, of 23 October 2000, establishing a framework for community water policy;
Considering Directive 2006/11/EC of 15 February 2006 on pollution caused by certain hazardous substances spilled into the aquatic environment of the Community;
Vu le environmental codeArticles L. 211-1, L. 220-1, L. 511-2, L. 512-7, D. 211-10, D. 211-11, R. 211-94 and R. 512-46-1 to R. 512-46-30;
Vu le Decree No. 94-469 of 3 June 1994 wastewater collection and treatment referred to in the articles L. 372-1-1 and L. 372-3 the code of municipalities, including its article 6;
Vu le Decree No. 96-1010 of 19 November 1996 for devices and protection systems intended for use in explosive atmospheres;
Considering the decision of 20 April 1994 on the declaration, classification, packaging and labelling of substances;
Considering the decision of 23 January 1997 on the limitation of noises emitted in the environment by facilities classified for environmental protection;
Having regard to the amended decision of 21 November 2002 on the reaction to the 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 decision of 11 September 2003 on the application of Decree No. 96-102 of 2 February 1996 and fixing the general requirements for sampling under declaration Articles L. 214-1 to L. 214-6 of the Environmental Code and under headings 1.1.2.0,1.2.2.0, 1.2.2.0 or 1.3.1.0 of the nomenclature annexed to the Decree No. 93-743 of 29 March 1993 modified;
Considering the decision of 11 September 2003 on the application of Decree No. 96-102 of 2 February 1996 and fixing the general requirements for surveying, drilling, well-creating or groundwork subject to reporting under the Articles L. 214-1 to L. 214-6 of the Environmental Code and under heading 1.1.0 of the nomenclature annexed to the Decree No. 93-743 of 29 March 1993 modified;
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 amended 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 17 July 2009 decision on measures to prevent or limit the introduction of pollutants into groundwater;
In light of the decision of 25 January 2010 on methods and criteria for the assessment of the ecological state, the chemical state and the ecological potential of surface water under the articles R. 212-10, R. 212-11 and R. 212-18 the environmental code;
Considering the decision of 26 July 2010 approving the national water data pattern;
Considering the opinion of the professional organizations concerned;
Having regard to the advice of the Higher Council for Technology Risk Prevention of 19 March 2013;
Based on the comments made at the public consultation held from January 25, 2013 to February 14, 2013, pursuant to theArticle L. 120-1 of the Environmental Code,
Stop it!

Article 1 Learn more about this article...


The general requirements of this Order shall not apply to facilities authorized before 1 January 2014 under heading 2220 and subject to registration from that date.
These provisions apply without prejudice:
- specific requirements that may be accompanied by the registration order under the conditions fixed by the articles L. 512-7-3 and L. 512-7-5 Environmental code.
– other legislation, plans and other approved guidance and planning documents.
Section 11 does not apply to prune drying facilities. The requirements of articles 5, 14 and 51 below are adapted to these installations.

Article 2 Learn more about this article...


Definitions.
For the purpose of this Order, the following means:
"Activities covered by section 2220":
– the only packaging of raw materials, without any other processing or processing on this product, is excluded, whether or not they have been previously processed;
― cooking, appertization, overheating, freezing, lyophilization, dehydration, roasting and other similar activities are covered by section 2220;
- if the only operation on conditioned products is over-frosting and/or freezing without any other processing or processing on this product, including by cutting and repackaging, the over-frosting/congelation facilities are not covered by this section. The simple storage in a refrigerated warehouse is also excluded from section 2220;
"Refrigerating premises": local used to store or sort goods in which temperature and/or hygrometry conditions are regulated and maintained according to the product-specific conservation criteria, whether refrigerated (positive temperature) or frozen or frozen (negative temperature);
"QMNA": the minimum monthly (M) (N) flow rate of each calendar year (A). This is the flow rate of a stream of water;
"QMNA5": the value of the QMNA as it occurs only one year in five on average;
"mix zone": area adjacent to the release point where concentrations of one or more pollutants may exceed environmental quality standards. This area is proportionate and limited near the point of release and does not compromise compliance with environmental quality standards on the rest of the water mass;
"NQE": environmental quality standard according to the above-mentioned decision of January 25, 2010;
"Open circuit refrigeration": any system that allows the return of cooling water to the natural environment after sampling;
"Epandage": any application of waste or effluent on or in agricultural soils;
"A level of odor or concentration of a odorant mixture": conventionally, the dilution factor that must be applied to effluent so that it is no longer felt as odorant by 50% of the people forming a population sample;
odour flow: conventionally, the product of the air flow, expressed in m3/h, by the dilution factor at the threshold of perception;
"Emergence": the difference between the levels of continuous pressure weighted A of ambient noise (operating installation) and residual noise (in the absence of the noise generated by the installation);
"Regulated Areas of Emergence":
― the interior of buildings inhabited or occupied by third parties, existing on the date of the filing of registration records, and their closest external parts (course, garden, terrace) excluding those of buildings located in areas intended to receive artisanal or industrial activities;
―constructible areas defined by urban planning documents that are opposable to third parties and published on the date of the filing of records;
― the interior of buildings inhabited or occupied by third parties that have been established after the date of the filing of records in the constructible 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.

  • Chapter I: General provisions Article 3 Learn more about this article...


    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 facilities to comply with the requirements of this Order.

    Article 4 Learn more about this article...


    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 record maintained and 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 over the past five years.
    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 (see art. 8);
    - the register indicating the nature and quantity of dangerous products held (cf. art. 9);
    the general plan of storage (cf. art. 8);
    – the safety data sheets of the products present in the installation (cf. art. 9);
    - supporting evidence of fire resistance properties of at-risk premises (cf. art. 11);
    - the elements justifying the conformity, maintenance and verification of electrical installations, safety equipment and production equipment (cf. art. 17, 19 and 23);
    - operating instructions (cf. art. 24);
    - the record of water sampling results (cf. art. 27);
    ― the effluent collection network plan (cf. art. 29);
    ― the record of the results of the measurements of the main parameters to ensure the proper operation of the effluent treatment facility if it exists (cf. art. 40);
    ― the workbook if applicable (cf. art. 41);
    ― the register of intervention sheets established during controls and operations on refrigerating and climatic equipment using certain refrigerant fluids (see art. 42.II);
    - the supporting documentation for the establishment or renewal of equipment to reduce noise levels for plum drying facilities (see art. 51.IIB);
    - the register of hazardous waste generated by the facility (cf. art. 54);
    the program of emission monitoring (cf. art. 55);
    ― the technical elements to attest to the absence of emissions in the water of certain products by the installation (cf. art. 56).
    This file is subject to inspection of classified facilities.

    Article 5 Learn more about this article...


    I. ― General rules.
    The facility is located at a minimum distance of 10 metres from the property limits of the facility.
    For prune drying facilities, the facility is located at a minimum distance of 40 metres from the property limits of the facility.
    In the event of technical impossibility, the operator may request an accommodation in accordance with thearticle R. 512-46-17 of the Environmental Code, by proposing alternative measures to ensure a level of security for third parties and a limitation of sound nuisance for equivalent third parties.
    The facility is not above or below premises inhabited or occupied by third parties.
    II. ― Cases of M-type public-receiving facilities.
    If the facility is adjoined by third-party premises, the walls, ceilings and adjoining floors are all REI 120.

    Article 6 Learn more about this article...


    Without prejudice to urban planning regulations, the operator shall adopt the following provisions, necessary to prevent theft of dust and other 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 to be deposited on the traffic lanes. For this purpose provisions such as the washing of the wheels of the vehicles are provided if necessary;
    – surfaces where possible are engazed or vegetated;
    – vegetation screens are set up, if possible.

    Article 7 Learn more about this article...


    The operator shall make appropriate arrangements to integrate the installation into the landscape.
    All facilities are maintained clean and maintained continuously.
    The premises of the facility, under the control of the operator, are designed and maintained in good condition of cleanliness. Release emissaries and their periphery are the subject of special care.

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


      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 be at the origin of a claim that may have direct or indirect consequences on the interests referred to in the facilityArticle L. 511-1 of the Environmental Code.
      The operator has a general plan of workshops and storages indicating these risks.

      Article 9 Learn more about this article...


      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.
      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.

      Article 10 Learn more about this article...


      The premises are maintained clean and regularly cleaned with a view to complying with the storage ban outside the dedicated areas. Cleaning equipment is adapted to the risks posed by products and dust.
      All measures are taken continuously to prevent the introduction and pulling of insects and pests and to ensure their destruction.

    • Section 2: constructive arrangements Article 11 Learn more about this article...


      In general, the constructive provisions aim to ensure that the ruin of a structural element does not result in the chain ruin of the structure of the building, particularly the surrounding premises, and does not promote the collapse of the structure outside the first fire place.
      The evidence of fire resistance properties is retained and maintained at the disposal of the inspection of classified facilities.
      1. Fire-risk premises.
      1.1. Definition.
      Fire-risk premises are the premises identified in section 8 as well as the product storage and packaging facilities identified in the last paragraph of section 11.2.
      The fuel storage facilities classified under headings 1510, 1511 or 1530 shall be subject to the general requirements for each of these headings and shall therefore not be subject to the provisions of this Order.
      1.2. constructive arrangements.
      Fire-risk premises have the following minimum fire reaction and resistance characteristics:
      ― ensemble of the structure a minima R 15;
      - the exterior walls are constructed of A2 s1 d0 materials (B s3 d0 for refrigerated premises if they are covered by the last paragraph of Article 11.2;
      – roofs and roof coverings satisfy the class and the Broof Index (t3);
      – they are isolated from the other premises by a distance of at least 10 meters maintained permanently and clearly identified, or by walls, ceilings and floors that are all REI120;
      any communication with another local is made by an EI2 door 120 C equipped with a closed door or automatic shut-off device.
      2. Other premises (including those containing the process referred to in section 2220).
      Other premises, including those containing the process referred to in section 2220, the storage of products (first materials, intermediate products and finished products) and their packaging (maps, labels...) for less than two days of production referred to in section 2220, and refrigerated premises, have the following minimum reaction and fire resistance characteristics:
      ― ensemble of the structure a minima R 15;
      - A2s1d0 internal and external walls (Bs3d0 for refrigerated premises);
      – roofs and roof coverings satisfy the class and index BROOF (t3);
      ― any communication with another local is made by an EI2 30 C door equipped with a firm-door or automatic closure device.
      The refrigerated premises not covered by section 1511 are on the ground floor.
      If the premises, whether refrigerated or not, dedicated to the storage of products (first materials, intermediate products and finished products) and their packaging (maps, labels...) is more than the quantity produced or used in two days by the installation under section 2220, this space is considered to be a fire-risk space. The requirements of this Article shall not apply and this Local shall comply with the requirements of Article 11.1.2.
      3. Cases of facilities located within a public receiving institution (PPR) of type M.
      The provisions of sections 11.1 and 11.2 do not apply for facilities located within a M-type receiving facility. The constructive provisions of the premises sheltering these facilities are in accordance with the technical rules set out in the ERP Regulations as well as in the specific articles on type M.
      4. Openings.
      The openings in the separative walls (passing ducts and pipes, conveyors, etc.) are equipped with devices ensuring a degree of fire resistance equivalent to that required for these separative elements.

      Article 12 Learn more about this article...


      I. Accessibility.
      The facility has at least access at all times to allow fire and rescue services to be operated.
      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 for the accessibility of emergency equipment from the external traffic lanes to the installation, 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 this facility.
      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 inner radius of 13 meters is maintained and a width 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 of the perimeter of the installation is at a maximum distance of 60 meters from that track;
      – no obstacle is available between access to the installation or ladder and the "engineered" path.
      In the event of the impossibility of setting up an equipment lane allowing the traffic on the entire perimeter of the installation and if all or part of the lane is at a standstill, the last 40 meters of the part of the stale lane are of a minimum useful width of 7 meters and a 20 meters of diameter turnover 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 "engine" track;
      - minimum length of 10 meters,
      presenting the same qualities of slope, bearing force and free height as the "machinery" path.
      IV. - Ladder station.
      For any installation located in a building of height greater than 8 metres, at least one façade is served by at least one "scale" track allowing the circulation and stationing of the air scales. This ladder is directly accessible from the vehicle defined in II.
      From this path, a ladder accessing at least the entire height of the building can be arranged. The track also meets the following characteristics:
      ― the useful width is at least 4 meters, the length of the parking area at least 10 meters, the slope at a maximum of 10%;
      - in the inner radius bends below 50 meters, a minimum R inner radius of 13 meters is maintained and a width of S = 15/R meters is added;
      - no air obstacle hinders the manoeuvre of these scales vertically across the entire track;
      - the distance to the façade is 1 meter minimum and 8 meters maximum for parking parallel to the building and less than 1 meter for parking perpendicular to the building;
      – 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 and a minimum punching resistance of 88 N/cm2.
      In addition, for any installation located in a multi-level building with at least one floor located at a height greater than 8 metres from the level of emergency access, on at least two facades, this "scale" path allows access to openings.
      These openings allow at least one access per floor for each of the facades with ladder and have a minimum height of 1.8 metres and a minimum width of 0.9 metres. Obturation panels or frames that make these access open and remain accessible from outside and inside. They are easily identified from outside by emergency services.
      V. - Establishment of the hydraulic system from the equipment.
      From each "machine" or "scale" track is provided access 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.

      Article 13 Learn more about this article...


      1. General rules.
      The fire-risk premises identified in section 11.1.1, with the exception of refrigerated premises and premises located within PPE, comply with the provisions of this section.
      I. – Township.
      The premises are divided into defensive cantons with a maximum area of 1,600 square metres and a maximum length of 60 metres.
      Each cantonment screen is DH 30 with reference to the standard NF EN 12 101-1, version June 2006, and has a minimum height of 1 meter.
      An area of a minimum height of 1 meter below the lowest point level of the cantonment screen is free of all congestion.
      The difference in height between the level of the highest point occupied by manufacturing and storage processes and the lowest point of the cantonment screen is greater than or equal to 1 meter.
      II. ∙ Defumage.
      Smoke cantons are partly equipped with natural smoke and heat evacuation devices (DENFC).
      A useful area DENFC between 1 and 6 square metres is planned for 250 square metres of projected roof area.
      DENFCs are not located on the roof less than 4 metres from the "firewall" walls separating the facility's premises.
      Smoke disposal devices are composed of automatic and manual control outlets. The useful surface of all of these outlets is not less than 2% of the area of each defrosting canton.
      The action of a security command cannot be reversed by another command.
      In normal operation, rearming (closed) is possible from the building floor, from the defumeration area or from the cell to defumerate in the case of a building divided into several cantons or cells.
      DENFC manual controls are easily accessible from building or storage cells. These manual opening controls are installed in accordance with NF S 61-932, December 2008.
      The DENFCs, with reference to the standard NF EN 12 101-2, dated October 2003, have the following characteristics:
      - Type B opening system (opening + closing);
      reliability: RE 300 (300 safety cycles) class;
      - classification of snow overload at the opening: SL 250 (25 daN/m2) for altitudes below or equal to 400 metres and SL 500 (50 daN/m2) for altitudes between 400 and 800 metres. Class SL 0 is usable if the location area is not likely to be snowed or if constructive provisions prevent snow accumulation. Above 800 metres, the outlets are SL 500 and installed with constructive provisions preventing snow accumulation;
      ambient temperature class T(00);
      – heat exposure class B 300.
      The activation of the defumage is not enslaved to the same detection as that to which the automatic extinction system is enslaved if it exists.
      In the presence of an automatic extinguishing system, the automatic opening devices of the outlets are set so that the opening of the defumming organs cannot occur before the automatic extinction is triggered.
      III. - Fresh air.
      Fresh air intakes of an area equal to the surface of the outlets of the largest canton, local by local, are carried out either by openings on the façade or by mouths connected to ducts or by the doors of the premises to be deactivated on the outside.
      2. Cases of facilities located in public-owned (PPR) facilities.
      The premises for facilities located in public-owned facilities (PPEs) of type M are equipped, if provided by the ERP regulations, with a de-fumage system in accordance with the technical rules for de-fumage contained in the ERP regulations and in the specific articles related to type M.

      Article 14 Learn more about this article...


      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 8;
      - one or more fire appliances (e.g. water, poles) of a public or private network of a DN100 or DN150 meter so 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 meet the requirements of a fire 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 60 m3/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. The provisions of this item shall not apply to prune drying facilities;
      - for prune drying facilities, a water station (flags, posts...), public or private, located less than 200 metres from the facility, or water points (basins, tanks, etc.) with a capacity of 60 m3;
      ― extinguishers distributed inside the facility if it is covered or nearby if it is not located in a closed room, on the outside areas and in places with specific risks, close to the clearances, well visible and easily accessible. extinction 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 15 Learn more about this article...


      Pipes carrying dangerous or unhealthy fluids and collecting polluted or susceptible effluent are waterproof and are resistant to the physical and chemical action of the products they are likely to contain. They are properly maintained and are subject to appropriate periodic reviews to ensure their good condition.

    • Section 3: Accident Prevention Provisions Article 16 Learn more about this article...


      In the parts of the installation referred to in Article 8 and identified "as capable of causing an explosion", the electrical, mechanical, hydraulic and pneumatic installations conform to the provisions of the Decree of 19 November 1996.

      Article 17 Learn more about this article...


      I. ― General rules.
      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.
      Metal equipment shall be grounded in accordance with applicable regulations and standards.
      Materials used for natural lighting do not produce ignited drops during a fire.
      The heating of the production, storage and technical premises can only be achieved by hot water, steam produced by a thermal generator or other system with an equivalent degree of safety.
      II. - Provisions applicable to refrigerated premises.
      Technical equipment (electric heating systems of door frames, de-icing resistances, pressure balancing valves, etc.) present inside the cold rooms or on the walls of them are not a possible cause of ignition or leak spread.
      In particular, if the materials of the premises are not A2s1d0, the electrical cables through them are equipped with non-flammatory propagators, so as to ensure the absence of direct contact between the cable and the trim of the panel or insulation, the metal trims to be drilled cleanly and narrowly. Electric heating resistances are not in direct contact with insulating agents.
      In addition, if the sandwich panels are not A2s1d0, the luminaires are positioned to respect a minimum distance of 20 centimetres between the upper part of the luminaire and the lower trim of the insulating panel. Other electrical equipment is maintained at a distance of at least 5 centimetres between the rear face of the equipment and the panel trim. This provision is not applicable to insulated section cables less than 6 square millimetres that can be placed under IRO tubes attached to the panels.
      Electric cables form a S at the level of the luminaire supply to make water drop and avoid moisture penetration.
      The electrical outlets for the power of the refrigeration units of the vehicles are installed on a support A2s1d0.

      Article 18 Learn more about this article...


      Without prejudice to the provisions of Labour code, the premises are properly ventilated to avoid any risk 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 gases rejected and at least 1 meter above the ridge.
      The form of the evacuation duct, particularly in the closest part of the outlet to the atmosphere, is designed to maximize the ascent and dispersion of the pollutants in the atmosphere (e.g., the use of hats is prohibited).

      Article 19 Learn more about this article...


      Each technical room, technical cabinet or part of the facility identified in accordance with the provisions of section 8 because of the consequences of a disaster that may occur has automatic fire detection. This detection activates a perceptible alarm at any point in the building. The operator lists these detectors with their functionality and determines maintenance operations to maintain their efficiency over time.
      The operator is in a position to demonstrate the appropriateness of the selected dimensioning for detection devices and if applicable extinguishing. It organizes, on a semi-annual basis, at least 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.

    • Section 4: Accidental pollution retention devices Rule 20 Learn more about this article...


      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, at least 800 litres, or equal to the total capacity when it is less than 800 litres.
      II. ― Retention capacity is resistant to products that it may contain and resist the physical and chemical action of fluids. The same applies to its shut-off device, which is kept closed.
      The leakage of the (or) associated tank(s) may 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 and 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. ― When the storages are in the open air, the retentions are emptied as soon as possible from the stormy waters.
      IV. ∙ The soil of areas and premises for the storage or handling of hazardous materials for humans or which may create pollution of water or soil is waterproof and equipped so that the washwater and the material may be collected accidentally.
      V. ― All measures are taken to collect all waters and flows that are likely to be polluted during a disaster, including water used during a fire, so that they are 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.
      In the event of an external containment device to the installation, the channeled materials are collected, gravelly or through self-sustaining systems, and then converge to this specific capacity. In the event of the use of autonomous lifting systems, the operator is able to justify at any time a rigorous maintenance and maintenance of these devices. Regular tests are also conducted on these equipment.
      In case of internal containment, the flow holes are in default closed position. In the event of external containment, the flow holes from these devices are equipped with an automatic shut-off device to ensure this containment when waters that are likely to be polluted are carried. Any means are put in place to avoid the spread of the fire by these flows.
      The volume required for this containment is determined as follows. The operator calculates the sum:
      - the volume of stored liquids;
      – the amount of extinction water needed to fight the fire;
      - the volume of water associated with the weather at 10 litres per square metre of drainage surface to the containment work when the containment is external.
      The collected extinction waters are disposed of to the appropriate waste processing channels.

    • Section 5: Operating Provisions Article 21 Learn more about this article...


      The operator shall designate one or more reference persons with knowledge of the conduct of the facility, the hazards and disadvantages that its operation induced, the products used or stored in the facility and the provisions to be implemented in the event of an incident.
      Prune drying facilities are placed under the direct supervision of a competent person and capable of acting in the event of an accident or incident when the facility works.
      People outside the facility do not have free access to facilities.

      Article 22 Learn more about this article...


      In the parts of the facility identified in section 8, repair or development work may be carried out only after the development of a document or file comprising the following:
      - the definition of hazardous activity phases and corresponding specific preventive means;
      - the adaptation of equipment, facilities and devices to the nature of the operations to be carried out and the definition of their maintenance conditions;
      - the instructions to be given to persons in charge of the work;
      – the organization set up to ensure first aid in the event of an emergency;
      - when the work is carried out by an external company, the conditions of recourse by the latter to subcontract and the organization established in such a case to ensure the maintenance of security.
      This document or file is prepared, based on an analysis of the risks associated with the work, and covered by the operator or by a person appointed by the operator. When the work is carried out by an outside company, the document or record is signed by the operator and the outside company or the persons they have named.
      Compliance with previous provisions can be ensured by the development of the prevention plan defined in articles R. 4512-6 et seq. of the Labour Code where this plan is required.
      In parts of the facility with fire or explosion risks, it is prohibited to bring fire in any form, except for work that has been the subject of a specific document or record in accordance with the preceding provisions. This prohibition is displayed in apparent characters.
      An audit of the successful completion of the work is carried out by the operator or its representative prior to the resumption of the activity. It is registered and is made available for inspection of classified facilities.

      Article 23 Learn more about this article...


      I. ― General rules.
      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 electrical and heating facilities, in accordance with existing repositories.
      Periodic verifications of such equipment shall be recorded in a register on which the follow-up to such verifications are also mentioned.
      II. ― Control of the production tool.
      Without prejudice to the regulation of pressurized equipment, the production tool (e.g. reactor, drying equipment, decontamination/sterilization equipment, distilling apparatus, condensers, separators and absorbers, fermentation chamber or temperate, ovens, cookers, cooking tunnels, autoclaves, fryers, tanks and preparation tanks...) is regularly controlled in accordance with the preconizations.
      Periodic verifications of such equipment shall be recorded in a register on which the follow-up to such verifications are also mentioned.

      Article 24 Learn more about this article...


      I. ― Operating Consignes.
      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, including the prohibition of smoking in areas with fire or explosion risks;
      – the prohibition of any open air burning;
      – the obligation of the "intervention permit" for the parties involved in the installation;
      – conditions for the conservation and storage of products, including precautions for the use and storage of incompatible products;
      - 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 Article 20;
      - 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 obligation to inform the inspection of facilities classified in the event of an accident;
      – the storage rules defined in Article 24-II;
      ― the terms and conditions for the cleaning and recovery of materials within the workshops provided for in section 29-II.
      II. ― Storage methods.
      A. ― Storage location.
      The storage of consumables in manufacturing facilities is prohibited except during manufacturing.
      Any storage is forbidden in the combles.
      B. ― Outdoor storage rules.
      The maximum surface of the islets on the ground is 150 square meters, the maximum storage height is 8 meters, the distance between two islets is 2.5 meters minimum.
      These islets are located:
      - at a minimum of 3 metres from the property limits;
      – at a sufficient distance, without being less than 3 metres, from the exterior walls of the building to allow for an intervention on all the facades of the islet in case of a disaster.
      C. ― Storage rules inside the premises.
      A minimum distance of 1 metre is maintained between the top of the storages and the base of the roof or ceiling or any air blowing or suction system; this distance respects the minimum distance required for the proper operation of the automatic fire suppression system, when it exists.
      Materials stored in bulk (naked products placed on the floor in piles) are separated from other materials by a minimum space of 3 meters on the open sides or sides. A minimum distance of 1 metre is respected with respect to walls and structure elements.
      Mass conditioned materials (products stacked on each other) are stored as follows:
      – the ground islets have a limited surface area of 150 square metres;
      • the maximum storage height is 8 metres;
      – the minimum distance between two islets is 2.5 metres.
      The substances in stackable self-porting containers (self-porting container intended to be stacked) are stored as follows:
      – the ground islets have a limited surface area of 150 square metres;
      – the maximum storage height is 10 metres;
      – the minimum distance between two islets is 2.5 metres.
      Materials stored under positive temperature in carrying storage media such as shelving or palettiers (racks) are stored at a maximum height of 10 metres in the absence of automatic extinction.
      Materials stored under negative temperature in carrying storage media such as shelving or palettiers are stored at a maximum height of 10 meters in the absence of a detection (high sensitivity) with the transmission of the alarm to the operation or to an external monitoring company.
      The storage height of liquid hazardous substances within the meaning of Regulation (EC) No 1272/2008 is limited to 5 metres from the internal ground.

  • Chapter III: Emissions in water
    • Section 1: General principles Rule 25 Learn more about this article...


      The operation of the facility is compatible with the quality and quantity objectives of the water IV of 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 water flows and pollutant flows.

    • Section 2: Water removal and consumption Rule 26 Learn more about this article...


      The sampling is not in an area where permanent quantitative distribution measures have been instituted under theArticle L. 211-2 of the Environmental Code.
      The maximum daily sampling in the public network and/or the natural environment is determined by the operator in its registration file. Provisions are implemented in order to allow a rational use of water based on products and processes in the presence. The techniques used respond to the state of the art of the profession in terms of consumption and water discharge. Monitoring the water consumption of the facility is implemented and monitored over time by the operator to verify the rational use of water.
      If the water sampling is carried out, including by derivation, in a watercourse, in its accompanying table or in a water plan or channel fed by this watercourse or tablecloth, it is not more than 1,000 m3/h and less than 5% of the flow of the watercourse or, if not, the overall feed flow of the canal or water plan.
      If the water removal is carried out by drilling, wells or underground work in an aquifer system, excluding watercourse support sheets, by pumping, drainage, bypass or any other process, the total volume taken is less than 200,000 m3 per year.
      Open circuit refrigeration is prohibited.

      Rule 27 Learn more about this article...


      If the volume taken by drilling is greater than 10,000 m3/year, the arrangements for the installation, operation, monitoring, monitoring and stopping of the sampling work shall be in accordance with the provisions set out in the September 11, 2003 decision on the levies submitted under section 1.1.2.0 pursuant to the provisions of section 1.1.2.0 Articles L. 214-1 to L. 214-3 of the Environmental Code.
      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.
      The sampling works in watercourses do not interfere with the free flow of water. Only can be built in the bed of the watercourse of sampling works that do not require the authorization mentioned in theArticle L. 214-3 of the Environmental Code. The operation of these works is in accordance with the provisions of Article L. 214-18 of the same code.
      In the event of a connection to a public network or power supply through a sheet drilling, the work is equipped with a disconnection device.

      Rule 28 Learn more about this article...


      All drilling is consistent with provisions of section 131 of the mining code and the decision of 11 September 2003 setting out the general requirements for the survey, drilling, well-creation or subterranean work under sections L. 214-1 to L. 214-3 of environmental code and under heading 1.1.1.0 of the nomenclature set in theArticle R. 214-1 of the Environmental Code.
      During the construction of watersheds, all measures are taken to prevent the transmission of separate water tablecloths and to prevent any introduction of surface pollution, including appropriate adaptation to storage or use of hazardous substances.
      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.
      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.

    • Section 3: Collection and Release of Effluents Rule 29 Learn more about this article...


      I. ― 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.
      II. – Pretreatment and treatment facilities.
      In order to minimize the load of the effluent, particularly in particles and organic matter, the soils of the workshops, cold rooms and all working workshops are cleaned dry by prior to washing.
      Without prejudice to sanitary regulatory requirements, soils in areas that may collect waste water and/or wash the facility are filled with waterproof coating and the slope allows these effluents to be driven to an orifice with a siphon and connected to the drainage system.
      The facility has a effluent pre-treatment device with, at a minimum, de-icing and, where applicable, sieving or other treatment solution.

      Rule 30 Learn more about this article...


      Release points in the natural environment are as small as possible.
      Releases allow good effluent diffusion in the receiving environment and minimize the mixing area.
      Residual water discharge devices are designed to minimize the disruption to the receiving environment, at the edge of the discharge point, depending on the use of the water in the immediate vicinity and at the end of the receiving environment, and not to hinder navigation.

      Rule 31 Learn more about this article...


      Each effluent discharge pipe is provided with a sample sampling point and measuring points (debit, temperature, pollutant concentration...).
      These points are located in a section whose characteristics (e.g., upstream conduct, wall quality, flow regime, etc.) allow for representative measurements to be made so that the speed is not substantially slowed down by thresholds or obstacles at the swallow and the effluent is sufficiently homogeneous.
      These points are designed so as to be easily accessible and to allow safe interventions. All arrangements must also be made to facilitate the intervention of organizations outside the request for inspection of classified facilities.

      Rule 32 Learn more about this article...


      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, is collected by a specific network and processed by one or more appropriate treatment devices to treat pollutants in the presence.
      These treatment devices conform to NF P 16-442 (November 2007) or any other European or international standard. They 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 carry-over of this operation on the basis of regular visual controls recorded and held at the disposal of the inspection. The postponement of this operation will not exceed two years. The oil-separator cleaning sheets, the standard compliance certificate, and the waste-processing slips destroyed or retired are made available for inspection of classified facilities.
      When the runoff on all surfaces of the facility (sizes, parking areas, etc.), in the event of rain corresponding to the maximum 10-year precipitation, is likely to generate a flow at the outflow of the treatment structures of these waters greater than 10% of the QMNA5 in the receiving environment, the operator puts in place a collection work in order to respect, in the case of 10-year precipitation, a QMNA5 flow of less.
      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 appropriate treatment is required. Their release is spread over time as a need to meet the limit values set out in section 36, subject to the compatibility of the discharges with the pollution levels defined below with the quality and quantity objectives of the water covered by the IV of Article L. 212-1 of the Environmental Code.

      Rule 33 Learn more about this article...


      Direct or indirect discharges of effluent to groundwater are prohibited.

    • Section 4: Emission Limit Values Rule 34 Learn more about this article...


      All aqueous effluents are channeled.
      Dilution of effluent is prohibited.

      Rule 35 Learn more about this article...


      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.
      The temperature of the discharged effluent is less than 30 °C and its pH is between 5.5 and 8.5 or 5.5 and 9.5 if there is alkaline neutralization.
      The color modification of the receiver medium, measured in a representative point of the mixing area, does not exceed 100 mg Pt/l.
      For receiving waters, releases do not induce:
      - a temperature rise of more than 1.5 °C for salmon water, 3 °C for cyprinticultural waters and 2 °C for conchylic waters;
      - a temperature greater than 21.5 °C for salmon water, 28 °C for cyprincultural waters and 25 °C for water intended for food water production;
      - pH outside of the following ranges: 6/9 for salmon, cyprinticultural and bathing waters; 6.5/8,5 for water intended for food production and 7/9 for conchylic waters;
      - an increase of more than 30% of the suspended material and a variation of more than 10% of the salinity for conchylic waters.
      The provisions of the previous paragraph do not apply to the marine waters of overseas departments.

      Rule 36 Learn more about this article...


      I. ― Residual waters released in the natural environment respect the following concentration limit values, according to the authorized maximum daily flow.
      For each pollutant released by the facility, the maximum daily flow is to be specified in the registration file.


      1. Total suspension materials (MEST), chemical and biochemical oxygen applications (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

      In the case of lagoon purification

      150 mg/l

      DBO5 (on non-decisive effluent):


      Maximum daily flow less than or equal to 30 kg/j

      100 mg/l

      maximum daily flow greater than 30 kg/j

      30 mg/l

      DCO (sur effluent non déanté)


      Maximum daily flow less than or equal to 100 kg/j

      300 mg/l

      Maximum daily flow greater than 100 kg/j

      125 mg/l

      However, different concentration limit values may be proposed by the operator in its registration file when the plant's purification plant has a minimum yield of 95% for DCO, DBO5 and MEST

      2. Azote and phosphorus

      Global Azote including organic nitrogen, ammoniacal nitrogen, oxidized nitrogen:


      Maximum daily flow greater than or equal to 50 kg/day

      30 mg/l per monthly average concentration

      Maximum daily flow greater than or equal to 150 kg/day

      15 mg/l per average monthly concentration

      Maximum daily flow greater than or equal to 300 kg/day

      10 mg/l on average monthly concentration.

      However, different concentration limit values may be proposed by the operator in its registration file when the plant's purification plant has a yield of at least 80% for nitrogen

      Phosphorus:


      Maximum daily flow greater than or equal to 15 kg/day

      10 mg/l per average monthly concentration

      Maximum daily flow greater than or equal to 40 kg/day

      2 mg/l per average monthly concentration

      Maximum daily flow greater than 80 kg/day

      1 mg/l per monthly average concentration

      However, different concentration limit values may be proposed by the operator in its registration file when the plant's purification plant has a minimum yield of 90% for phosphorus.

      3. Other pollutants


      SEH (in case of releases that may contain fats)

      300 mg/l


      II. ― In addition, for all other substances that may be released by the facility, the operator presents in its file the concentration values to which they will be rejected. In any event, for the substances listed therein, the limit values of Appendix IV are met.

      Rule 37 Learn more about this article...


      I. ― Connection to an urban or industrial collective purification plant is permitted only if this sanitation infrastructure (network and sewage station) is capable of transporting and processing industrial effluent as well as sludge resulting from this treatment in good conditions. Discharge authorization and, where applicable, a spill agreement shall be established with the competent authorities in charge of the remediation network and the collection network.
      The limit values of concentration imposed on the effluent at the outlet of the facility before connecting to an urban purification plant do not exceed:
      MEST: 600 mg/l;
      DBO5: 800 mg/l;
      DCO: 2,000 mg/l;
      global nitrogen (expressed in N): 150 mg/l;
      total phosphorus (expressed in P): 50 mg/l.
      The temperature of the discharged effluent is less than 30 °C and its pH is between 5.5 and 8.5 or 5.5 and 9.5 if there is alkaline neutralization.
      However, the release limit values may be greater than the above values if the authorizations and potential spill agreement allow it and to the extent that it has been shown that the proper operation of the networks, purification equipment and the sludge treatment system is not affected by these exceedances.
      For pollutants other than those regulated above, limit values are the same as for a release into the natural environment.
      For the debit, the authorization to discharge into the public network sets the value to be respected.
      II. ― In addition, for all other substances that may be released by the facility, the operator presents in its file the concentration values to which they will be rejected. In any event, for the substances listed therein, the limit values of Appendix IV are met.

      Rule 38 Learn more about this article...


      The limit values above apply to average samples, measurements or analyses carried out over 24 hours.
      In the case of self-monitoring, 10 per cent of the series of measurements results may exceed the prescribed limit values, but not more than double these values. In the case of a daily self-monitoring (or more frequent) of aqueous effluent, these 10% are counted on a monthly basis.
      In the case of instantaneous sampling, no measurement results exceed double the prescribed limit value.
      For nitrogen and phosphorus, the mean concentration on a sampling of 24 hours does not exceed double the limit values.
      For hazardous substances present in the release of the facility and identified in the table in Appendix IV by a star, the operator presents the measures taken with a timeframe to remove the release of this substance into the aquatic environment in 2021 (or 2028 for anthracene and endosulfan).

      Rule 39 Learn more about this article...


      Channeled rainwater discharges meet the following concentration limit values, subject to the compatibility of discharges with the pollution levels defined below with the quality and quantity objectives of the water covered by the IV of 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

    • Section 5: effluent treatment Rule 40 Learn more about this article...


      Treatment facilities for direct discharge in the natural environment and pre-treatment facilities in the event of connection to a collective, urban or industrial wastewater treatment plant, where they are required for compliance with 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, particularly during the start-up or stopping of the facilities.
      Treatment and/or pre-treatment facilities are properly maintained. The main parameters to ensure their proper walking are measured periodically. The results of these measures are referenced to a register that may be computerized and stored in the installation file for five years.
      If a non-availability or dysfunction of treatment and/or pre-treatment facilities is likely to lead to a exceedance of the limit values imposed by this Order, the operator shall make the necessary arrangements to reduce the pollution emitted by limiting or stopping if necessary the activity concerned.

      Rule 41 Learn more about this article...


      Waste, effluent and by-products are permitted. The operator shall comply with the provisions of Schedule III concerning the technical provisions to be applied for spreading.

  • Chapter IV: Emissions in the air
    • Section 1: General Rule 42 Learn more about this article...


      I. ― Dusts, gaseous pollutants or odors are collected at the source and channeled, except in the case of a justified technical impossibility. Without prejudice to the rules relating to occupational health and safety, releases are in accordance with the provisions of this Order.
      Storages of pulverulent, volatile or fragrant products, which can lead to diffuse emissions of pollutants in the atmosphere, are confined (recipients, silos, closed buildings...). Handling facilities, transvasion, transport of these products are, unless justified technical impossibility, equipped with capture and suction devices to reduce emissions in the atmosphere. If necessary, the suction devices shall be connected to a effluent treatment facility to comply with the provisions of this Order. The associated equipment and fittings also meet the prevention of fire and explosion risks (events for drying towers, dust dusting towers...).
      The storage of other bulk products is carried out to the extent possible in closed spaces. In the absence of this, special provisions at both the design and construction level (wind-based installation) and the operation are implemented.
      When the storage of pulverulent products is done in the open air, the humidification of storage or the spraying of additives to limit the flight in dry weather is permitted.
      II. ― Refrigerating and climate equipment using certain refrigerant fluids.
      The conditions for marketing, use, recovery and destruction of the following substances: chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs) and hydrofluorocarbons (HFCs), used as a refrigerant in refrigerating or climatic equipment, are defined at Articles R. 543-75 et seq. of the Environmental Code. The action sheets established during the leakage checks as well as during maintenance and maintenance operations are retained by the operator in a record by equipment held at the disposal of the inspection.

    • Section 2: Atmosphere Releases Rule 43 Learn more about this article...


      Release points in the natural environment are as small as possible. If a number of discharge points are required, the operator warrants that.
      The effluents are collected and released to the atmosphere, after possible treatment, through chimneys to allow proper release. The shape of ducts, particularly in their closest part of the outlet to the atmosphere, is designed to maximize the rise of gas in the atmosphere. The location of these ducts is such that there can be no siphoning of discharged effluents in the pipelines or air catches nearby. The contours of the ducts are not angular and the variation of the section of the ducts in the vicinity of the outlet is continuous and slow.

      Rule 44 Learn more about this article...


      The measuring points and sampling points shall be arranged in accordance with the conditions set out in the reference methods specified in the order of 7 July 2009 referred to and equipped with the equipment necessary to carry out the measures provided for in this Order under representative conditions.

      Rule 45 Learn more about this article...


      The height of the chimney (difference between the elevation of the open air outlet and the mean altitude of the ground at the place in question), expressed in metres, is determined in accordance with the provisions of Appendix II, on the one hand according to the level of the emissions of pollutants at the atmosphere, on the other hand, depending on the existence of obstacles that may hinder the dispersion of the gases.

    • Section 3: Emission Limit Values Rule 46 Learn more about this article...


      For flow determination, channelled emissions and diffuse emissions are taken into account.
      The methods of measurement, sampling and reference analysis in force are determined by the above-mentioned decision of 7 July 2009.

      Rule 47 Learn more about this article...


      The flow of gaseous effluent is expressed in cubic metres per hour reported to standard temperature conditions (273 Kelvins) and pressure (101.3 kilopascals) after deduction of water vapour (dry gas). The gaseous effluent and pollutant concentrations are reported to a reference oxygen content based on the fuel (6 per cent in volume for solid fuels and biomass, 3 per cent in volume for liquid or gaseous fuels). Pollutant concentrations are expressed in gram(s) or milligram(s) per cubic metre reported to the same standard conditions.
      For drying facilities, measurements are made on wet gases.

      Rule 48 Learn more about this article...


      For substances that are likely to be released by the facility, the gaseous effluents shall, depending on the time flow, respect the concentration limit values set out in the table in Appendix V.

      Rule 49 Learn more about this article...


      The operator demonstrates in its file that it has taken all necessary steps to limit odours from effluent treatment. When there are potential sources of large-surface odors (storage, treatment, etc.) that are difficult to confine, they are implanted in such a way as to limit the inconvenience to the neighbourhood (remote...).
      The operator demonstrates in its application file that it has taken all necessary steps to avoid, under any circumstances, the occurrence of anaerobic treatment processes, anaerobic conditions in storage or treatment basins, or in open-air channels.
      The odor flow of the gases emitted to the atmosphere by all of the odorous sources lined, canalisable and diffuse does not exceed the following values:


      EMISSION HIGH
      (m)
      DOWNLOAD
      (in uoe/h)

      0

      1,000 x 103

      5

      3 600 x 103

      10

      21 000 x 103

      20

      180 000 x 103

      30

      720 000 x 103

      50

      3 600 x 106

      80

      18 000 x 106

      100

      36 000 x 106

  • Chapter VI: Noise and vibration Rule 51 Learn more about this article...


    I. ― Noise limit values. - General case.
    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:


    AMBIANT LEVEL
    existing in areas
    Regulated emergence
    (including noise)
    installation)
    EMERGENCE ADMISSIBLE
    for the period
    from 7 a.m. to 10 p.m.,
    except Sundays
    and holidays
    EMERGENCE ADMISSIBLE
    for the period
    from 10:00 to 7:00,
    and Sundays
    and holidays

    Higher than 35 dB(A) 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.
    In the case where the particular noise of the establishment is marked tone within the meaning of point 1.9 of the schedule to the order of 23 January 1997 referred to, in an established or cyclical manner, its duration of appearance does not exceed 30% of the duration of operation of the establishment in each of the diurnal or nocturnal periods defined in the table above.
    II. ― Noise limit values. - Special case of plum drying facilities.
    A. ― For prune drying facilities, for periods limited to a maximum of 45 days per year for the period from 7 a.m. to 10 p.m. and a maximum of 15 days per year for the period from 10 a.m. to 7 a.m., the emergence values of section 51.I do not apply and are replaced by the following values:

    AMBIANT LEVEL
    existing in areas
    Regulated emergence
    (including noise)
    installation)
    EMERGENCE ADMISSIBLE
    for the period
    from 7 a.m. to 10 p.m.,
    except Sundays
    and holidays
    EMERGENCE ADMISSIBLE
    for the period
    from 10:00 to 7:00,
    and Sundays
    and holidays

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

    8dB(A)

    6dB(A)

    Higher than 45 dB(A)

    7 dB(A)

    5 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.
    The operator implements the appropriate constructive provisions to respect these values accompanied if necessary by arrangements to ensure their landscape integration (haies type).
    B. ― Equipment and maintenance to reduce sound emissions at source.
    In the event of the installation of new installations or the renewal of equipment, the operator sets up technologies to reduce noise levels and emergences (sign placed in front of the burner or torch, etc.).
    The operator conducts a regular maintenance of these facilities to avoid cranes, rolling noises at fan level, shock noises (stops, blinks, etc.) and friction (clairy cleaning, trolley chain, etc.).
    III. - 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 (sirènes, warnings, speakers, etc.), which are uncomfortable for the neighbourhood, is prohibited unless their use is reserved for the prevention and reporting of serious incidents or accidents.
    IV. ― Vibrations.
    The vibrations emitted conform to the provisions set out in Appendix I.
    V. ― Operator monitoring of sound emissions.
    A measure of the level of noise and emergence is performed by a qualified person or organization in the first year of registration. This measure is renewed at any time upon request for inspection. The measurements shall be carried out according to the method set out in the annex to the above-mentioned decision of 23 January 1997. These measurements are carried out under representative conditions of the operation of the facility for at least half an hour.

  • Chapter VII: Waste Rule 52 Learn more about this article...


    The operator shall make all necessary arrangements in the design and operation of its facilities to ensure the proper management of the waste of its business, including:
    ∙ limit the quantity and toxicity of waste to the source by adopting clean technologies;
    ― sorting, recycling, valorizing its manufacturing by-products;
    ensuring the treatment or pre-treatment of its waste, including by means of physico-chemical, biological or thermal treatment;
    ― ensuring, for the ultimate waste whose volume must be strictly limited, storage in the best possible conditions.

    Rule 53 Learn more about this article...


    I. ― The operator shall segregate waste (dangerous or non-dangerous) within the facility to facilitate their processing or disposal in specific industries.
    The waste and residues produced are stored, prior to their revalorization or disposal, under conditions that do not pose a risk of pollution (prevention of meteorological water leaching, surface and groundwater pollution, flight and odours) for neighbouring populations and the environment.
    Temporary storage, before recycling or disposal of hazardous wastes, is carried out on watertight and protected storage cuvettes of meteoric water.
    II. ― The quantity of waste stored on the site does not exceed:
    – the capacity produced in twenty-four hours for fermentable waste and by-products in the absence of premises or devices ensuring their containment and refrigeration;
    – the monthly capacity produced or, in case of external processing, a normal batch of shipment to the disposal facility.
    III. ― All arrangements are made to ensure that storage devices are not a source of inconvenience or nuisance for the neighbourhood and do not cause water or soil pollution by runoff or infiltration. Discharge in the natural environment of overflows of storage works is prohibited. Free air storage works are prohibited from accessing unauthorized third parties.

    Rule 54 Learn more about this article...


    Wastes that cannot be valued are disposed of in regulated facilities environmental code.
    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 open air burn is prohibited.

  • Chapter VIII: Emission monitoring
    • Section 1: General Rule 55 Learn more about this article...


      The operator shall establish a program to monitor its emissions under the conditions set out in sections 59 to 65 of this Order. The measures are carried out under the responsibility of the operator and at its own expense.
      The methods of measurement, sampling and reference analysis in force are determined by the above-mentioned decision of 7 July 2009.
      At least once a year, the measures are carried out by an organization approved by the Minister in charge of classified facilities selected in accordance with the inspection of classified facilities.

    • Section 2: Emissions in water Rule 56 Learn more about this article...


      Whether effluents are released in the natural environment or in a connection network at a collective purification plant, a measurement is carried out according to the frequency indicated in the table below for the pollutants listed below, from a representative sample taken over a 24-hour period commensurate with the flow rate.


      Debit

      Day-to-day or continuous when flow is greater than 200 m3/d

      Temperature

      Day-to-day or continuous when flow is greater than 200 m3/d

      pH

      Day-to-day or continuous when flow is greater than 200 m3/d

      DCO (sur effluent non déanté)

      Quarterly for connected effluents
      Monthly for releases in the natural environment

      Total suspension materials

      Quarterly for connected effluents
      Monthly for releases in the natural environment

      DBO5 (*)

      Quarterly for connected effluents
      Monthly for releases in the natural environment

      Global Azote

      Quarterly for connected effluents
      Monthly for releases in the natural environment

      Total Phosphorus

      Quarterly for connected effluents
      Monthly for releases in the natural environment

      SEH (in case of releases that may contain fats)

      Annual for connected effluents
      Quarterly for Releases in the Natural Environment

      (*) For DBO5, the frequency may be lower if it is shown that the monitoring of another parameter is representative of that pollutant and when the measurement of this parameter is not necessary for the monitoring of the treatment station on which the discharge is connected.


      Pollutants that are not likely to be issued by the facility are not subject to scheduled periodic measurements. In this case, the operator shall be at the disposal of the inspection of classified facilities the technical elements to verify the absence of such products from the facility.
      When the pollutants benefit, within the authorized perimeter, from a dilution such that they are no longer measurable at the discharge level in the outside environment or at the connection level with a remediation network, they are measured within the utorized perimeter before dilution.
      The results of these measures are referenced to a register that may be computerized and stored in the installation file for five years. The results of the measures are transmitted quarterly to the inspection of classified facilities.
      For connected effluents, the results of the measurements performed at a more restrictive frequency at the request of the manager of the collective purification plant are made available for inspection of classified facilities.

    • Section 3: Impact on surface water Rule 57 Learn more about this article...


      When the discharge occurs in a watercourse and exceeds one of the following values:
      5 t/j of DCO;
      20 kg/d total hydrocarbons;
      10 kg/j of chrome, copper, tin, manganese, nickel and lead, and their compounds (expressed in Cr + Cu + Sn + Mn + Ni + Pb) ;
      0.1 kg/d of arsenic, cadmium and mercury, and their compounds (expressed as + Cd + Hg),
      the operator shall conduct or conduct measurements of these pollutants downstream of its release (outside the mixing area), at a minimum monthly frequency.
      When the discharge occurs at sea or in a lake and exceeds one of the above-mentioned flows, the operator shall establish an environmental monitoring plan that is adapted to local conditions.
      The results of these measurements are sent to the inspection of facilities classified within a maximum period of one month after the collection is completed.

    • Section 4: Impacts on Groundwater Rule 58 Learn more about this article...


      In the event that the operation of the facility would result in the direct or indirect emission of pollutants in the annexes to the above-mentioned 17 July 2009 order, monitoring is being put in place to ensure that the introduction of these pollutants into groundwater does not result in significant and sustainable degradation or trends in the concentrations of pollutants in groundwater.

    • Section 5: Annual Statement of Emissions Rule 59 Learn more about this article...


      Emissions of substances referred to in sections 59 to 65 of this Order shall, if any, be subject to an annual return under the conditions set out in the Ministerial Order of January 31, 2008 relating to the register and annual return of pollutants and wastes.

  • Annex



    A N N E X E S
    A N N E X E I
    TECHNICAL REGULATIONS


    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.
    The particulate velocity of the emitted vibrations measured by the method defined in this annex shall not exceed the values defined below.
    1. Limit values of particulate speed.
    1.1. Continuous or assimilated sources.
    Are considered continuous or assimilated sources:
    - all machines emitting vibrations continuously;
    ― sources emitting pulses at fairly short intervals without limiting the number of emissions.
    The limit values applicable to each of the three components of the vibration movement are as follows:


    FREQUENCES
    4 Hz ― 8 Hz
    8 Hz ― 30 Hz
    30 Hz ― 100 Hz

    Resistant constructions

    5 mm/s

    6 mm/s

    8 mm/s

    Sensitive construction

    3 mm/s

    5 mm/s

    6 mm/s

    Very sensitive constructions

    2 mm/s

    3 mm/s

    4 mm/s


    1.2. Repeated pulse sources.
    All sources emitting, in limited numbers, pulses at fairly short intervals but greater than 1 s and less than 500 ms are considered to be repeated pulses.
    The limit values applicable to each of the three components of the vibration movement are as follows:

    FREQUENCES
    4 Hz ― 8 Hz
    8 Hz ― 30 Hz
    30 Hz ― 100 Hz

    Resistant constructions

    8 mm/s

    12 mm/s

    15 mm/s

    Sensitive construction

    6 mm/s

    9 mm/s

    12 mm/s

    Very sensitive constructions

    4 mm/s

    6 mm/s

    9 mm/s


    Regardless of the nature of the source, where the frequencies corresponding to the particulate speeds commonly observed during the measurement period are approaching 0.5 Hz frequencies of 8, 30 and 100 Hz, the limit value to be retained is that corresponding to the immediately lower frequency band. If vibrations involve frequencies outside the 4-100 Hz interval, a qualified body approved by the Minister responsible for the environment should be used.
    2. Construction classification.
    For the application of particulate speed limits, constructions are classified into three categories according to their level of resistance:
    • Resistant constructions: constructions of classes 1 to 4 defined by Circular No. 23 of 23 July 1986 on mechanical vibrations emitted in the environment by installations classified for environmental protection;
    • sensitive constructions: constructions of classes 5 to 8 defined by circular 23 of 23 July 1986;
    ― very sensitive constructions: constructions of classes 9 to 13 defined by circular 23 of 23 July 1986.
    The following constructions are excluded from this classification:
    - nuclear reactors and their associated installations;
    - general security facilities, except for the constructions that contain them;
    – dams, bridges;
    • water castles;
    - large-range transport facilities of gases or liquids other than water and water pipes under pressure greater than one metre;
    – storage tanks for gas, liquid hydrocarbons or cereals;
    - railway or road tunnels and other underground works of similar importance;
    ― harbour works such as dikes, docks and works located at sea, including drilling platforms,
    for which the study of vibration effects is entrusted to a qualified body. The choice of this body is approved by inspection of classified facilities.
    3. Method of measurement.
    3.1. Basic elements.
    The movement in one point of a construction is recorded in three rectangular directions, one vertical, the other two directions being defined in relation to the horizontal axes of the work studied without taking into account the azimut.
    The sensors are placed on the main element of the construction (window support of a carrying wall, support point on the metal frame or concrete in the case of a modern construction).
    3.2. Measuring apparatus.
    The measuring string to be used allows the recording, depending on time, of the particulate speed in the frequency band from 4 Hz to 150 Hz for the amplitudes of this speed between 0.1 mm/s and 50 mm/s. The chain dynamic is at least 54 dB.
    3.3. Operational precautions.
    The sensors are completely supportive of their support. They are not installed on the coatings (zinc, plaster, tiles, etc.) that can act as vibration filters or cause parasites vibration if these coatings are not well in solidarity with the main element of the construction. Unless specifically justified, a measure of existing agitations outside the operation of the source is performed.


    A N N E X E I
    CALCUL RULES OF CHEMINATION


    The amount s = k q/cm is calculated for each of the main pollutants where:
    k is a coefficient of 340 for gaseous pollutants and 680 for dust;
    q is the maximum instantaneous flow rate of the pollutant emitted to the chimney expressed in kilograms per hour;
    cm is the maximum concentration of the pollutant considered eligible for soil level as a result of the facility expressed in milligrams per normal metercubus;
    cm is equal to cr ― co where cr is a reference value given by the table below and where co is the annual average of the measured concentration at the place in question.


    POLLUTANT
    Cr

    Sulphur oxides

    0.15

    Nitrogen oxides

    0.14

    Pulses

    0.15

    Hydrochloric acid

    0.05

    Organic compounds:


    - referred to in the 7th of Article 50;

    1

    - referred to in c of 7° of Article 50

    0.05

    Plomb

    0.000 5

    Cadmium

    0.000 5




    In the absence of pollution measures, co may be taken on a flat basis as follows:


    SOUFRE OXYDES
    AZOTE OXYDES
    SUBSTANCE

    Low-polluted area

    0.01

    0.01

    0.01

    Medium-planned or moderately industrialized area

    0.04

    0.05

    0.04

    Very urbanized or highly industrialized

    0.07

    0.10

    0.08


    For other pollutants, in the absence of a measure, co may be neglected.
    S is then determined, which is equal to the largest of the s values calculated for each of the main pollutants.
    The height of the chimney, expressed in metres, shall be at least equal to the hp value calculated as follows:


    hp = s1/2 (R Δ T)-1/6


    where:
    s is defined above;
    R is the gas flow expressed in cubic metres per hour and counted at the actual gas ejection temperature;
    +T is the difference expressed in kelvins between the temperature at the outlet of the chimney and the average annual temperature of the ambient air. If +T is less than 50 kelvins, we adopt the value of 50 for the calculation.
    If a facility is equipped with several chimneys or if there are other releases from the same pollutants to the atmosphere, the calculation of the height of the chimney is as follows:
    Two chimneys i and j, respectively hi and hj, are considered dependent if the following three conditions are simultaneously met:
    - the distance between the axes of the two chimneys is less than the sum: (hi + hj + 10) (in meters);
    ― hi is greater than half hj;
    ―hj is greater than half hi.
    This means that all the chimney-dependent chimneys, the height of which is at least equal to the hp-value calculated for the total mass flow of pollutant considered and the total volumic flow of the gases emitted by all these chimneys.
    If there are natural or artificial barriers in the vicinity to disrupt the dispersion of gases, the height of the chimney must be corrected as follows:
    ― the hp value is calculated taking into account other releases when there are;
    ― structures and buildings are considered to be obstructions, including those that house the facility under study, simultaneously meeting the following conditions:
    ― they are located at a horizontal distance (expressed in meters) less than 10 hp + 50 of the axis of the chimney considered;
    - they have a width greater than 2 metres;
    – they are seen from the chimney considered from an angle greater than 15° in the horizontal plane;
    ―or hi the altitude (expressed in metres and taken relative to the average level of the ground at the place of the chimney) of a point of an obstacle located at a horizontal distance di (expressed in metres) of the axis of the chimney considered, and Hi defined as follows:
    • if di is less than or equal to 2 hp + 10, Hi = hi + 5;
    • if di is between 2 hp + 10 hp + 50, Hi = 5/4 (hi + 5) (1 ― di/(10 hp + 50));
    - the largest Hp of the Hi values calculated for all points of all the obstacles defined above;
    – the height of the chimney must be greater than or equal to the largest Hp and hp values.
    The maximum continuous gas ejection speed is at least 8 m/s if the emission flow of the treated chimney exceeds 5,000 m3/h, 5 m/s if the flow rate is less than or equal to 5,000 m3/h.


    A N N E X E I I
    TECHNICAL PROVISIONS CONCERNING


    The spreading of waste or effluent complies with the following provisions, without prejudice to the provisions of the regulations on agricultural nitrates (in vulnerable areas delimited in application of Articles R. 211-75 to R. 211-77 of the Environmental Code, the provisions set by the action programmes to be implemented for the protection of water from pollution by nitrates of agricultural origin provided for in sections R. 211-80 to R. 211-83 are applicable to the installation):
    (a) Agronomalous interest in the waste:
    Epic waste or effluent 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, the quality of soils and aquatic environments, and is implemented so that nuisances are minimized.
    (b) Preliminary study of spreading:
    A pre-wage study specifies the safety (under the conditions of use) and the agronomic interest of wastes or effluents in relation to the parameters defined in paragraph II 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 paragraph 9 of section R. 512-46.4 of environmental code.
    The pre-study includes:
    - the characterization of wastes or effluents to be spread: predictive quantities, production rate, agronomic value in terms of the parameters defined in point II below, content with the parameters defined in tables 1 a and 1 b of point I below, physical condition, pre-treatment (dehydration, pressing, tracing...) by distinguishing liquid, pasty or solid forms;
    - the indication of the doses of waste or effluent to be spread according to the different types of fertilizing culture and the predictive yields of crops; in particular, the operator demonstrates that it has sufficient surfaces to respect for nitrogen the rules of balanced fertilization within the limits of export capacities of crops;
    - the location, volume, characteristics and terms and conditions of use of waste storage or effluent pending disposal; identification of alternative disposal or valuation channels;
    ― the description of soil characteristics, in particular with respect to the parameters defined in paragraph 2 of the following point II and the ETMs referred to in table 2 of the following point I, in the light of analyses dating less than one year;
    ― the demonstration of the adequacy between agricultural surfaces controlled by the operator or made available to it by land lenders and waste streams or effluents to spread (productions, objective yields, doses to the hectare and return time on the same plot, periods of spreading ban....).
    (c) Spanding plan:
    In view of the 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 spreading is possible given the surfaces excluded from spreading (cf. in particular g) spreading rules). This map shows the contours and numbers of the surface units that can be identified as well as areas excluded from spreading;
    a document referring to the identity and address of land lenders who have signed a written contract with the operator, including their mutual commitments and responsibilities;
    - a table referring to the surfaces identified on the cartographic medium and indicating, for each unit, the PAC reference islet numbers or, failing that, the cadastral references, the total area and the potentially spreadable area as well as the name of the agricultural operator.
    Any modification of the spread plan shall be brought before it is made to the knowledge of the prefect.
    (d) Spanding rules:
    1. 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. Spanded quantities and spreading periods are adapted to ensure the provision of material that is useful to soils or crops without exceeding the requirements, taking into account intakes of any kind, including fertilizers, amendments and crop materials. Organic nitrogen fertilization is prohibited on all legumes except for alfalfa and grass-leaving meadows.
    2. Characteristics of wastes:
    The pH of effluent or waste is between 6.5 and 8.5. However, different values may be retained subject to favourable conclusions of the preliminary study.
    Wastes or effluents do not contain any unwanted elements or substances (plastic, metal, glass, etc.) or pathogens beyond the following concentrations:
    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.
    Waste or effluent may not be spread:
    - if the metal trace elements in the soil exceed one of the limit values in Table 2 of Point I below;
    - provided that any of the undesirable elements or elements contained in the waste or effluent exceeds the limit values set out in tables 1 a and 1 b of point I below;
    ― provided that the flux, accumulated over a ten-year period, provided by waste or effluent on any of these components or compounds exceeds the limit values set out in table 1 of point I below.
    When waste or effluent is spread on pastures, the maximum flow of metallic trace elements to be taken into account, accumulated over a period of ten years, is that of table 3 of point I below.
    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 waste or effluent can help to trace soil pH to a value greater than or equal to 6;
    ― the maximum cumulative flux of soil elements is below the values of Table 3 below.
    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 various wastes or effluents (type (liquids, pulpy and solids), predictive quantities, 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);
    - results of a soil analysis dating less than a year on the global nitrogen parameter and mineral and mineral nitrogen at each representative point of reference of each homogeneous zone;
    - 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.
    4. The characterization of waste or effluent provided in the pre-study is verified by analysis prior to the first spread. In addition to the first year of spreading, effluents or wastes are periodically analyzed, including whenever changes in processes or treatments are likely to change their quality (especially for the content of metallic and organic components).
    5. In the case of a new facility, the data on the characteristics of waste or effluent and the doses of employment are updated and are sent to the prefect after the first year of operation.
    6. Unstabilized solid or pasty waste is buried as soon as possible, within a maximum of 48 hours, to reduce olfactory nuisances and loss by volatilization. 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.
    7. Subject to the requirements established pursuant to Public Health Code, the spread of waste or effluent respects the following minimum distances and times:


    NATURE OF ACTIVITIES TO PROTECT
    MINIMUM DISTANCE
    PAPLICATION DOMAINE

    Puits, drilling, springs, aqueduct transiting water for human consumption in free flow, underground or semi-enterrated facilities used for water storage, whether used for drinking water supply or for the watering of vegetable crops

    35 metres
    100 metres

    Land under 7 per cent
    Field Slot over 7%

    Water courses and water plan

    5 meters from the banks
    35 meters from the banks
    100 meters from the banks
    200 meters from the banks

    Land under 7 per cent
    1. Unfermentable wastes buried immediately after removal
    2. Other cases.
    Field Slot over 7%
    1. Solid and stabilized wastes
    2. Non solid and unstabilized wastes

    Bathing places

    200 metres


    Aquaculture sites (pisciculture and conchyliculture areas)

    500 metres


    Accommodation or premises occupied by third parties, leisure areas and public establishment

    50 metres
    100 metres

    In case of waste or fragrant effluent


    Minimum deadline


    Herbages or forage crops

    Three weeks before the feeding of animals or the harvest of forage crops.


    Land for vegetable or fruit crops except fruit tree crops

    No spread during the vegetation period


    Lands intended for or assigned to vegetable or fruit crops, in contact with soils, or likely to be consumed in a raw state

    Ten months before harvest and during harvest itself



    8. Spanding periods and spreading quantities are adapted to:
    - to ensure the contribution of elements that are useful to soils and cultures without exceeding their needs in the matter given the contributions of any kind that they may otherwise receive;
    ― to prevent prolonged stagnation on soils, runoff outside of landfills, rapid percolation;
    ― to prevent the accumulation of long-term substances likely to degrade its structure or present ecotoxicological risk in soil.
    Spanding is prohibited:
    - during periods when the soil is taken by the gel or abundantly snowed, except for solid waste;
    - during periods of high rainfall and during periods of flood risk;
    - outside of regularly worked lands and meadows or exploited forests;
    ― on high-gradient terrain, under conditions that would result in their runoff out of the yard.
    9. Detection of abnormalities:
    Any defects found on soils, crops and their environment during or as a result of the spread of waste or effluent and likely to be in relation to these spreads are reported without delay to the inspection of classified facilities.
    (e) Storage facilities:
    The permanent waste or effluent disposal works for spreading are designed to meet the periods when the spread is either impossible or prohibited by the prior study. In addition, the operator identifies the waste or effluent treatment facilities that may be used in the event of exceedance of the waste or effluent storage capacity.
    All measures are taken to ensure that storage devices are not a source of inconvenience or nuisance for the neighbourhood and do not result in water or soil pollution by runoff or infiltration. Discharge in the natural environment of overflows of storage works is prohibited. Free air storage works are prohibited from accessing unauthorized third parties.
    The temporary waste repository, on spreading plots and without development work, is permitted only when the following five conditions are simultaneously met:
    ― the waste is solid and shall not be fermentable, if not the duration of the deposit is less than forty-eight hours;
    – all precautions have been taken to avoid runoff on or outside the swab plots or rapid percolation to surface or underground slats;
    ― the depot respects the minimum isolation distances defined for the spread at point 7 except for the distance from dwellings or premises inhabited by third parties that is always equal to 100 metres. In addition, a distance of at least 3 metres from roads and ditches is respected;
    ― the volume of the deposit is adapted to the reasoned fertilization of the receiving plots for the period of study;
    – the maximum duration does not exceed one year and the return to the same location cannot take place before a three-year period.
    (f) Cahier d'épandage :
    A workbook, held under the responsibility of the operator, at the disposal of the inspection of the facilities classified for a period of ten years, includes for each of the receptor plots (or islets):
    ― surfaces effectively spread;
    ― carllary references;
    - the dates of spreading;
    the nature of cultures;
    ― the volumes and nature of all spread matter;
    ― the amount of ICPE-based aggregate nitrogen;
    ― the identification of legal or physical persons responsible for spreading operations as well as all the results of analyses carried out on soils and materials with the dates of sampling and measurements and their location.
    This spreadsheet is unalterable at the end of each week in which spreads were made.
    When waste or effluent is spread on plots made available by a land lender, a land lender cosigned by the operator and the land lender is referenced and attached to the land lender. This border is established by the end of the yard and at least once a week. It includes the identification of receiving plots, volumes and quantities of aggregate nitrogen spread.
    (g) Soil analysis:
    The soils shall be analysed on each representative reference point of each homogeneous zone. A homogeneous zone means a part of homogeneous cultural unit from a pedological point of view not exceeding 20 hectares; each cultural unit means a plot or a group of plots operated under a single crop rotation system by a single operator:
    ― after the final spread, on the reference point(s), on each plot excluded from the yard scope;
    - at least every ten years.
    These analyses relate to the elements and substances in item 2 below:
    Soil sampling and analysis methods are consistent with the provisions of point III below.


    Item I. ― Grievances in metallic and organic components
    Table 1 a. – Limits in metallic components in waste or effluent



    ELEMENTS-TRACES
    metallic
    LIMITE VALUE
    waste or effluent
    (mg/kg MS)
    MAXIMUM FLUX
    provided by waste
    effluent in 10 years (g/m2)

    Cadmium

    10

    0.015

    Chrome

    1 000

    1.5

    Copper

    1 000

    1.5

    Mercury

    10

    0.015

    Nickel

    200

    0.3

    Plomb

    800

    1.5

    Zinc

    3,000

    4.5

    Chrome + Copper + Nickel + Zinc

    4,000

    6


    Table 1 b. ― Limits of organic compounds in waste or effluent




    COMPOSÉS-TRACES
    Organic
    VALUE lIMITE OR EFFLUENT
    waste (mg/kg MS)
    MAXIMUM FLUX
    by waste or effluent
    in 10 years (mg/m2)
    General case
    Spanding on pasture
    General case
    Spanding on pasture

    Total of 7 major PCBs (*)

    0.8

    0.8

    1.2

    1.2

    Fluoranthene

    5

    4

    7.5

    6

    Benzo(b)fluoranthenene

    2.5

    2.5

    4

    4

    Benzo(a)pyrene

    2

    1.5

    3

    2

    (*) PCB 28, 52, 101, 118, 138, 153, 180.


    Table 2. ― Limit values of soil concentration



    ELEMENTS-TRACES
    in soils
    LIMITE VALUE (mg/kg MS)

    Cadmium

    2

    Chrome

    150

    Copper

    100

    Mercury

    1

    Nickel

    50

    Plomb

    100

    Zinc

    300


    Table 3. ― Maximum accumulated flux of metallic trace elements provided by waste or effluent for pasture or pH soils below 6

    METALLIC ELEMENTS
    MAXIMUM FLUX
    provided by waste
    effluent in 10 years (mg/m2)

    Cadmium

    0.015

    Chrome

    1.2

    Copper

    1.2

    Mercury

    0.012

    Nickel

    0.3

    Plomb

    0.9

    Selenium (*)

    0.12

    Zinc

    3

    Chrome + copper + nickel + zinc

    4

    (*) For pasture only.


    Item II. ― Value characterization elements
    agronomic waste or effluent and soil


    1. Analysis for the characterization of the agronomic value of waste or effluent destined for spreading:
    dry matter (%); organic matter (%);
    pH;
    - global nitrogen;
    ammoniacal nitrogen (NH4);
    - C/N ratio;
    total phosphorus (P2O5); total potassium (in K2O); total calcium (in CaO); total magnesium (in MgO); trace elements (B, Co, Cu, Fe, Mn, Mo, Zn). Cu, Zn and B will be measured at the expected frequency for trace elements.
    Other trace elements will be analyzed as part of the initial characterization of waste or effluent.
    2. Analysis for the characterization of the agronomic value of soils:
    granulometry;
    ― same parameters as for the agronomic value of waste or effluent by replacing the elements concerned by: P2O5 exchangeable, K2O exchangeable, MgO exchangeable and CaO exchangeable.


    Item III. ― Sampling and Analysis Methods


    Soil sampling:
    The soil sampling shall be carried out within a radius of 7.50 metres around the reference point identified by its coordinates Lambert, at the basis of sixteen random elementary samples taken in the circle thus drawn:
    ― preferably at the end of the crop and before the plow before the establishment of the next;
    ― before a possible new spread of waste or effluent;
    ― by observing in any case a sufficient time after a supply of fertilizing materials to allow their proper integration on the ground;
    – at the same time of year as the first analysis and at the same sampling point.
    The procedures for the execution of elementary sampling and the formation and packaging of samples are in accordance with NF X 31 100.
    Soil preparation and analysis methods:
    The preparation of soil samples for analysis is carried out according to NF ISO 11464 (December 2006). The extraction of Cd, Cr, Cu, Ni, Pb and Zn metal trace elements and their analysis is carried out according to NF X 31-147 (July 1996). The pH is performed according to NF ISO 10390 (May 2005).
    Sample effluent and waste:
    Sampling methods may be adapted to the characteristics of waste or effluent from the following standards:
    EN 12579: organic products, organic amendments, culture-sampling support;
    NF U 44-108: sludge of urban wastewater treatment works, liquid sludge, sampling to estimate the mean content of a lot;
    NF EN ISO 5667-13:2011: Water Quality ― Sampling ― Part 13: Guidelines for slurry sampling.
    NF U 42-051: fertilizer, sampling and lot estimation theory;
    NF U 42-053: fertilizing, fertilizer, reception control of a large lot, practical method;
    NF U 42-080: fertilizers, solutions and suspensions;
    NF U 42-090: fertilizers, calcic and magnesian amendments, solids, sample preparation for testing.
    The procedure shall include a report containing the following information:
    identification and description of the product to be sampled (appearance, odor, physical state);
    - object of sampling;
    identification of the operator and the various necessary operations;
    - date, time and place of realization;
    ― measures taken to curb the evolution of the sample;
    - frequency of sampling in space and time;
    ― plan of the locations of elementary sample catches (surface and depth) with their characteristics (weight and volume);
    - descriptive of the method of forming the representative sample (at least 2 kg) from the elementary sampling (division, reduction, mixture, homogenization);
    - description of sampling equipment;
    - description of the packaging of the samples;
    - condition of shipment.
    The submission of this report may be based on U 42-060 (refertilizer sampling reports).
    Methods of preparation and analysis of effluent and waste:
    The preparation of the samples may be carried out according to NF U 44-110 on sludges, organic amendments and crop supports.
    The extraction method that is not always standardized is defined by the laboratory according to good laboratory practices.
    The selected analyses may be selected from the lists below, using, to the extent possible, standardized methods to the extent that they are appropriate to the nature of the waste to be analyzed. If standardized methods exist and are not used by the analysis laboratory, the method used must be justified.


    Table 4. • Analytical methods for components




    ELEMENTS
    EXTRACTION METHODS
    and preparation
    ANALYTICAL METHODS

    Metallic elements

    Regal water extraction
    Drying in the microwave or oven

    Atomic absorption spectrometry; or
    Emission spectrometry (AES); or
    Emission spectrometry (ICP) coupled with mass spectrometry; or
    Fluorescence spectrometry (for Hg)


    Analysis on leaching:
    They can be made after extraction according to NF EN 12457 or on a lysimetric column and are carried on pollutants selected according to their presence in the waste, solubility and toxicity.
    The recommended methods of analysis belong to the NFT 90 series as these are aqueous solutions.


    A N N E X E I V
    VLE FOR REJECT AQUEUX IN NATURAL MILIEU



    I. ― Residual waters released in the natural environment respect the following concentration limits:




    CAS number

    1. Regulated substances



    Phenols


    0.3 mg/l

    Cyanides

    57-12-5

    0.1 mg/l

    Manganese and compounds (in Mn)

    7439-96-5

    1 mg/l

    Iron, aluminium and compounds (in Fe+Al)


    5 mg/l

    Etain (including tributyltin cation and tributyltin oxide)

    7440-31-5

    2 mg/l, of which 0.05 mg/l for each tributyltin compound cation and tributyltin oxide

    Halogenated organic compounds (in AOX or EOX) or halogens of absorbable organic compounds (AOX)


    1 mg/l

    Total hydrocarbons


    10 mg/l

    Fluor and compounds (in F) (including fluorides)


    15 mg/l

    2. Hazardous substances entering the qualification of the state of the water masses


    Chemical substances:



    Alachlore

    15972-60-8

    50 μg/l

    Anthracene (*)

    120-12-7

    50 μg/l

    Atrazine

    1912-24-9

    50 μg/l

    Benzène

    71-43-2

    50 μg/l

    Brome Diphenyl ethers


    50 μg/l (sum of compounds)

    Tétra BDE 47



    Penta BDE 99 (*)

    32534-81-9


    Penta BDE 100 (*)

    32534-81-9


    Hexa BDE 153



    exa BDE 154



    HeptaBDE 183



    DecaBDE 209

    1163-19-5


    Cadmium and its compounds (*)

    7440-43-9

    50 μg/l

    Carbon tetrachloride

    56-23-5

    50 μg/l

    Chloroalcanes C10-13 (*)

    85535-84-8

    50 μg/l

    Chlorfenvinphos

    470-90-6

    50 μg/l

    Chlorpyrifos (ethylchlorpyrifos)

    2921-88-2

    50 μg/l

    Cyclonene Pesticides (Aldrine, Dieldrine, Endrine, Isodrine)

    309-00-2/60-57-1/72-20-8/465-73-6

    50 μg/l (sum of 4 drines)

    Total DDT

    789-02-06

    50 μg/l

    1,2-Dichloroethane

    107-06-2

    50 μg/l

    Dichloromethane

    75-09-2

    50 μg/l

    Di(2-ethylhexyl)phtalate (DEHP)

    117-81-7

    50 μg/l

    Diuron

    330-54-1

    50 μg/l

    Endosulfan (sum of isomers) (*)

    115-29-7

    50 μg/l

    Fluoranthene

    206-44-0

    50 μg/l

    Naphthalene

    91-20-3

    50 μg/l

    Hexachlorobenzene (*)

    118-74-1

    50 μg/l

    Hexachlorobutadiene (*)

    87-68-3

    50 μg/l

    Hexachlorocyclohexane (sum of isomers) (*)

    608-73-1

    50 μg/l

    Isoproturon

    34123-59-6

    50 μg/

    Plomb and its compounds

    7439-92-1

    0.5 mg/l

    Mercury and its compounds (*)

    7439-97-6

    50 μg/l

    Nickel and its compounds

    7440-02-0

    0.5 mg/l

    Nonylphenols (*)

    25154-52-3

    50 μg/l

    Octylphenols

    1806-26-4

    50 μg/l

    Pentachlorobenzene (*)

    608-93-5

    50 μg/l

    Pentachlorophenol

    87-86-5

    50 μg/l

    Polycyclic aromatic hydrocarbons (PAHs)


    50 μg/l (sum of 5 compounds)

    Benzo(a)pyrene (*)

    50-32-8


    Somme Benzo(b)fluoranthène (*) + Benzo(k)fluoranthène (*)

    205-99-2/207-08-9


    Somme Benzo(g, h, i)perylene (*) + Indeno(1,2,3-cd)pyrene (*)

    191-24-2/193-39-5


    Simazine

    122-34-9

    50 μg/l

    Tetrachloroethylene (*)

    127-18-4

    50 μg/l

    Trichloroethylene

    79-01-6

    50 μg/l

    Composed of tributyltin (tributyltin-cation) (*)

    36643-28-4

    50 μg/l

    Trichlorobenzenes

    12002-48-1

    50 μg/l

    Trichloromethane (chloroform)

    67-66-3

    50 μg/l

    Trifluraline

    1582-09-8

    50 μg/l

    Substances of the ecological state:



    Arsenic disband

    7440-38-2

    50 μg/l

    Copper dissolved

    7440-50-8

    0.5 mg/l

    Chrome dissolved (including chrome hexavalent and its compounds expressed in chrome)

    7440-47-3

    0.5 mg/l including 0.1 mg/l for hexavalent chromium and compounds

    Zinc disbanded

    7440-66-6

    2 mg/l

    Chlortoluron


    50 μg/l

    Oxadiazon


    50 μg/l

    Linuron

    330-55-2

    50 μg/l

    2.4 D

    94-75-7

    50 μg/l

    2.4 MCPA

    94-74-6

    50 μg/l

    3. Other relevant substances


    Toluene

    108-88-3

    50 μg/l

    Trichlorophenols


    50 μg/l

    2,4,5-trichlorophenol

    95-95-4

    50 μg/l

    2,4,6-trichlorophenol

    88-06-2

    50 μg/l

    Ethylbenzene

    100-41-4

    50 μg/l

    Xylenes (Somme o, m, p)

    1330-20-7

    50 μg/l

    Biphenyle

    92-52-4

    50 μg/l

    Tributylphosphate (Phosphate of tributyle)


    50 μg/l

    Hexachloropentadiene


    50 μg/l

    2-nitrotoluene


    50 μg/l

    1,2 dichlorobenzene

    95-50-1

    50 μg/l

    1.2 dichloroethylene

    540-59-0

    50 μg/l

    1.3 dichlorobenzene

    541-73-1

    50 μg/l

    Dibutyltin Oxyde

    818-08-6

    50 μg/l

    monobutyltin cation


    50 μg/l

    chlorobenzene


    50 μg/l

    Isopropyl benzene

    98-82-8

    50 μg/l

    PCB (sum of congeners)

    1336-36-3

    50 μg/l

    Tributyl phosphate

    126-73-8

    50 μg/l

    2-Chlorophenol

    95-57-8

    50 μg/l

    Epichlorhydrine

    106-89-8

    50 μg/l

    Chloracetic acid

    79-11-8

    50 μg/l

    2 nitrotoluene


    50 μg/l

    1.2.3 trichlorobenzene


    50 μg/l

    3.4 dichloroaniline


    50 μg/l

    4-chloro-3-methylphenol

    59-50-7

    50 μg/l


    II. - Except as otherwise provided, the limit values above apply to average sampling, measurements or analyses carried out over 24 hours.
    In the case of self-monitoring, 10 per cent of the series of measurements results may exceed the prescribed limit values, but not more than double these values. In the case of a daily self-monitoring (or more frequent) of aqueous effluent, these 10% are counted on a monthly basis.
    In the case of instantaneous sampling, no measurement results exceed double the prescribed limit value.
    III. ― For priority hazardous substances identified in the table above by a star(s) present in the releases of the facility, the operator shall present the measures taken with a timeframe to remove the release of this substance into the aquatic environment in 2021 (or 2028 for anthracene and endosulfan).


    A N N E X E V
    VLE FOR GASTER REJECTS IN NATURAL MILIEU


    Gas effluents respect the limit values in the table below according to the hourly flow. In the event that the same pollutant is emitted by various channelled releases, the limit values applicable to each channelled release are determined, if any, based on the total flow of all channelled and diffuse releases. Limit values are reported to the standard conditions defined in section 49:



    You can consult the table in the
    JOn° 298 of 24/12/2013 text number 43




    You can consult the table in the
    JOn° 298 of 24/12/2013 text number 43




    You can consult the table in the
    JOn° 298 of 24/12/2013 text number 43



    II. - In the event of using an oxidation technique to eliminate VOCs, the reference oxygen content for the verification of compliance with the emission limit values is that measured in effluents from oxidation equipment. The operator demonstrates in its record record that it is not necessary to install a secondary energy recovery device.
    III. ― Substances or mixtures to which are assigned, or to which must be affixed, hazard statements H340, H350, H350i, H360D or H360 F or risk phrases R. 45, R. 46, R. 49, R. 60 or R. 61, due to their content in organic compounds classified as carcinogenic, mutagenic or toxic for reproduction
    IV. ― Limit values are required for medium measurements, sampling and analysis carried out over a half-hour period.
    In the case of instantaneous sampling, no measurement results exceed double the prescribed limit value.
    In the case of a permanent self-monitoring (at least one representative measure per day), none of the averages over twenty-four normal operating hours exceeds the emission limit values and none of the average hours is more than 1.5 times the emission limit value;
    In the case of periodic measurements, the average of all measurements carried out during a monitoring operation does not exceed the emission limit values and none of the time averages is more than 1.5 times the emission limit value.


Done on 14 December 2013.


For the Minister and by delegation:

Director General

risk prevention,

P. White


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