Key Benefits:
Publics concerned: operators of inert waste storage facilities under the registration regime under heading 2760.
Purpose: General technical requirements for inert waste storage facilities under the registration regime under heading 2760 relating to environmental protection for the operation of such facilities.
Commencement: This Order comes into force on 1 January 2015.
Notice: these rules and requirements determine the measures to prevent and reduce the risks of accidents or pollution, as well as the conditions for insertion into the environment and redevelopment of inert waste storage facilities after stopping the operation.
References: This Order is available on the website Légifrance (http://www.legifrance.gouv.fr).
Minister of Ecology, Sustainable Development and Energy,
Having regard to Council Directive No. 1999/31/EC of 26 April 1999 concerning the dumping of wastes;
Having regard to Council Decision No. 2003/33/EC of 19 December 2002 establishing criteria and procedures for the admission of wastes to landfills in accordance with Article 16 and Annex II of Directive No. 1999/31/EC;
Considering Directive No. 2008/98/EC of the European Parliament and the Council of 19 November 2008 on waste and repealing certain directives;
Vu le environmental codearticles R. 512-46-1 to R. 512-46-30;
Vu le Decree No. 88-466 of 28 April 1988 modified for asbestos-containing products;
Considering the decision of 23 January 1997 on the limitation of noises emitted in the environment by facilities classified for environmental protection;
In light of the amended dated 29 July 2005 fixing the form of the Hazardous Waste Tracking Form referred to in theArticle 4 of Decree No. 2005-635 of 30 May 2005 ;
Considering the decision of 31 January 2008 on the register and annual reporting of emissions and transfers of pollutants and wastes;
In view of the July 7, 2009 Decision on Air and Water Analysis Procedures in CEPAs and Reference Standards;
Having regard to the order of 29 February 2012 setting out the contents of the records mentioned in the articles R. 541-43 and R. 541-46 the environmental code;
In view of the Order of 12 December 2014 on conditions for the admission of inert waste to facilities under headings 2515, 2516, 2517 and in inert waste storage facilities under section 2760 of the classification facility nomenclature;
Considering the opinions of interested professional organizations;
Based on the comments made at the public consultation held from May 28, 2014 to June 19, 2014, pursuant to theArticle L. 120-1 of the Environmental Code ;
Considering the opinion of the Higher Council for the Prevention of Technological Risk of 12 August 2014;
In view of the Commissioner of Simplification's opinion of August 12, 2014,
Stop it!
This Order sets out the requirements for inert waste storage facilities registered under heading 2760.
Except for sections 4 and 6 and I of Articles 5 and 7, which are not applicable to existing facilities, the provisions of this Order shall apply as of 1 January 2015.
These provisions apply without prejudice:
- special requirements which may be accompanied by the registration order in the conditions fixed by the articles L. 512-7-3 and L. 512-7-5 the environmental code;
- other legislation, plans and other approved guidance and planning documents.
Effective 1 January 2015, the requirements fixed before that date by pre-fectoral order to the facilities regularly authorized under theArticle L. 541-30-1 of the Environmental Code shall be deemed to constitute specific requirements under the articles L. 512-7-3 and L. 512-7-5 Environmental code.
For the purpose of this Order, the following means:
"Inert waste": a waste covered by theparagraph 4 of Article R. 541-8 of the Environmental Code ;
"Emergence": the difference between the weighted constant pressure levels 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 records and their closest external parts (course, garden, terrace), excluding those of buildings located in areas intended to receive artisanal or industrial activities;
- the building 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;
"Inert waste storage facility": inert waste disposal facility, excluding waste disposal facilities where:
- waste is stored for a period of less than three years in order to allow their preparation for transport in order to recover in a different place;
- waste is stored for a period of less than one year before transport to a permanent storage site;
- waste is valued in accordance with Articles L. 541-31 et seq. of the Environmental Code.
Excluded from the scope of this Order:
- the storage of radioactive waste within the meaning of Council Directive 96/29/EURATOM of 13 May 1996 establishing the basic standards for the health protection of the population and workers against the dangers resulting from ionizing radiation;
- infective waste storage as defined in the Decree No. 97-1048 of 6 November 1997 related to the disposal of waste of infectious and assimilated risk-care activities and anatomical parts and amending Public Health Code ;
- the storage of waste from the prospecting, extraction, processing and storage of mining resources, including fossil raw materials, and waste from mining and quarrying, including waste from drilling to allow the exploitation of hydrocarbons;
- storage in natural or artificial cavities in basement.
The facility is established, completed and operated in accordance with the plans and other documents attached to the application for registration established in accordance with the articles R. 512-46-1 to R. 512-46-7 of the environmental code.
The facility is located outside the area of tablecloth, streams, water plan, canals and ditches, temporary or definitive.
The operator shall enumerate and justify, as appropriate, all arrangements for the design, construction and operation of the facility in order to comply with the requirements of this Order.
I. - For facilities authorized after the entry into force of this Order, the operator shall prepare and maintain a record containing the following documents:
- a copy of the application for registration;
- the registration file and the accompanying file, maintained and dated according to the modifications made to the facility;
- the registration order issued by the prefect and any prefectural order relating to the installation;
- the type of inert waste eligible on the site according to the labels and codes of theAnnex II to section R. 541-8 of the Environmental Code ;
- description of the site, including hydrogeological and geological characteristics;
- the various documents provided for in this Order.
II. - For facilities authorized prior to the entry into force of this Order, the operator shall prepare and maintain a record with the following documents:
- a copy of the application for authorization;
- the authorisation file and the accompanying file kept up-to-date and dated based on the modifications to the facility;
- the authorization order issued by the prefect and any prefectural order relating to the installation;
- the type of inert waste eligible on the site according to the labels and codes of theAnnex II to section R. 541-8 of the Environmental Code ;
- description of the site, including hydrogeological and geological characteristics.
The installation is located at a distance from:
10 meters of residential constructions, establishments intended to receive people from the public, areas for housing or water captures;
10 meters of waterways, railways or road communication.
In the event of technical failure to respect these distances, the operator proposes alternative measures to ensure an equivalent level of nuisance.
Storage is remote from a distance of at least 10 metres from the site limit.
Without prejudice to urban planning regulations, the operator shall adopt the following provisions, necessary to prevent theft of dust and other materials:
I. - The roadways and parking areas of the vehicles are arranged (gradient forms, coating, etc.).
II. - Vehicle traffic and parking areas are properly cleaned.
III. - Vehicles out of the facility do not cause dust or mud to be deposited on traffic lanes. For this purpose, provisions such as washing the wheels of the vehicles are provided if necessary.
IV. - The surfaces where possible are engazed or vegetated, vegetation screens are put in place, if possible.
The operator shall make appropriate arrangements to integrate the installation into the landscape.
The entire installation is maintained clean and maintained permanently. The premises of the facility, under the control of the operator, are designed and maintained in good condition of cleanliness. The boundaries of the inner perimeter are regularly cleared and cleaned. Release emissaries and their periphery are the subject of special care.
Cleaning operations must be carried out by limiting the maximum amount of dust.
The operator shall summarize in a notice, available on site, the measures implemented to reduce the environmental impact of transport operations, storage, handling or transfer of waste (circulation, dust flare, noise, etc.) in accordance with Chapters V, VI and VII of this Order. It also specifies the terms and conditions of supply and shipping (i.e. itineraries, schedules, transport equipment used, limiting the speeds on the site according to weather conditions, etc.) as well as operating techniques and layouts.
The presence in the installation of hazardous or combustible materials is limited to the requirements of the operation. The operator identifies on a list dangerous products, their nature, the maximum quantity held, the risks of these dangerous products, through safety data sheets and on a map their location on the site. These documents are available on the website. Containers shall bear in legible characters the name of the products and, where appropriate, the hazard symbols in accordance with the labelling of hazardous substances, preparations and mixtures.
The facility has at least one access at all times to allow fire and emergency services to be operated. For the purpose of this Order, "access to installation" means an opening linking the private or public service 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.
Extinguishers are distributed inside the installation, well visible and easily accessible.
Fire control means are capable of operating effectively regardless of the temperature of the facility, especially during freezing times. The operator shall ensure that the safety and fire control equipment is periodically checked and maintained in accordance with the existing repositories. The periodic and maintenance check register is available on site.
I. - Any storage of a liquid that can cause water or soil pollution is carried out free of meteoric water and associated with a retention capacity adapted to the volume of the containers.
The leakage of the (or) associated tank(s) may be controlled at any time.
Any new tank installed under the ground level is double enveloped.
II. - Retention and containment.
The soil of areas and premises for the storage of hazardous materials or which may create pollution of water or soil is watertight and equipped so that it can collect wash water and spilled material accidentally, so that the liquid cannot flow out of the area or area.
The materials collected are preferably recovered and recycled or, if impossible, processed in accordance with the provisions of this Order.
I. - The operation is carried out under the direct or indirect supervision of a person named by the operator who has undergone basic training on the conduct of the facility, the hazards and disadvantages that the operation induced, the products and wastes used or stored in the facility and the provisions to be implemented in the event of an incident or accident. Authorized persons on site are named in a list available on site. Facilities monitoring and maintenance officers are trained in the conduct to be carried out in the event of an incident or accident and familiarized with the use of fire control equipment. Staff are aware of the risks posed by facilities in normal or degraded operation.
II. - Instructions are established, kept up to date and posted in places frequented by staff.
The conditions for the admission of waste are set out in the December 12, 2014 decision on the conditions for the admission of inert waste to facilities under headings 2515, 2516, 2517 and in inert waste storage facilities under section 2760 of the classification facility nomenclature.
The waste storage facility is protected to prevent free access to the site. Its entrances are equipped with gates closed to key outside the opening hours. People outside the facility do not have free access to facilities. A single main access is provided for the normal operating conditions of the site, any other access to be reserved for secondary and exceptional use.
The installation is built, equipped and operated so that its operation is not at the origin of vibration in the surrounding constructions that may compromise the health or safety of the neighbourhood or constitute a nuisance for the neighbourhood, and the noises emitted by the facilities are reduced to the maximum.
The delivery of waste is done in a diurnal period, except for specific prefectural authorization.
Waste burning is prohibited on the storage facility site.
Disposal of waste directly into the final storage area is prohibited. A waste control area is developed to allow waste control after dumping of the dumplings that transport them. This area can be moved following the phasing of site operation. This area is the subject of a particular display and delimitations to locate it.
A dumpster cannot be spilled in the absence of the operator or its representative.
The waste storage organization must meet the following conditions:
- it ensures the stability of the mass of waste, in particular avoids slipping;
- it is carried out so as to fill the parts in height before extending the storage area to limit, during operation, the area subject to the weather;
- it shall allow for a gradual and coordinated redevelopment of the site according to a phasing proposed by the operator and taken back into the record.
The operator shall be at the disposal of the inspection of classified facilities the necessary elements to present the various phases of operation of the site.
A sign of signage and information is placed close to the main entrance, on which are noted:
- identification of the storage facility;
- the number and date of the prefectural order of authorization;
- the social reason and address of the operator;
- opening days and hours;
- the mention: "no access to any unauthorized person";
- the telephone number of the gendarmerie or the police and departmental fire and rescue services.
The panels are made of resistant materials, the inscriptions are unalterable.
The use of non-polluted rainwater is preferred in the process of cleaning facilities and watering the runways. In order to minimize and minimize water consumption, water noisy devices or equivalents are preferred whenever possible.
All necessary steps are taken to ensure that the establishment is not responsible for the issuance of dust or smells that may incommodate the neighbourhood and impair public health and safety, even in times of inactivity.
The stored inert wastes are humidified to prevent dust flares in dry weather and when the wind speed requires it.
The operator monitors air quality by measuring dust fallout.
The number of measuring points and the conditions under which measuring devices are installed and operated are described in a notice available on site. A point to determine the level of ambient interference ("bottom noise") is planned. The operator sets up a network to measure the monitoring of dust fallout in the environment. This follow-up will be carried out in accordance with the standards in effect by the fall gauge method and in the event of difficulties, by the deposit plate method. Operators who participate in an air quality measurement network that includes dust fallout measures may be exempted from this requirement if the existing network allows proper monitoring of the effects of their releases.
The standards used to measure dust are NF X 44-052 (version May 2002) and NF EN 13284-1 (version May 2002). The dust concentration of ambient air at more than 5 metres from the facility does not exceed 200 mg/m2/j. This limit is required for medium measurements, samples and analyses carried out over a half-hour period.
The operator shall report annually to the inspection of classified facilities an assessment of the results of dust fallout measures, with its comments, which shall include significant changes in measured values, production levels, areas that may emit dust and weather during measurements.
The measures are carried out under the responsibility of the operator and at its own expense. The results of the emission measurements for the past five years are required for inspection of classified facilities.
At least once a year, dust discharge measures are carried out by an approved body in accordance with the October 27, 2011 Order or selected in accordance with the inspection of classified facilities. This periodicity can be adapted according to local climate conditions.
I. - Noise limit values.
The sound emissions of the facility are not at the origin, in the regulated-emerged areas, of an emergence greater than the eligible values defined in the following table:
| Higher than 35 and lower or equal to 45 dB (A) | 6 dB (A) | 4 dB (A) |
| Superior to 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. - Vehicles - construction equipment.
Transport vehicles, handling equipment and construction equipment used inside the facility are in accordance with the provisions in force for limiting their sound emissions.
The use of all acoustic communication devices (sirnas, tellers, loudspeakers, etc.), disturbing for the neighbourhood, is prohibited, unless their use is exceptional and reserved for the prevention and reporting of serious incidents or accidents.
The provisions of this chapter do not apply to inert waste received by the facility.
Generally, the operator organizes waste management under conditions to ensure the preservation of the interests referred to in the articles L. 511-1 and L. 541-1 Environmental code.
The operator provides at least one specific batch for undesirable wastes on the facility that are removed as soon as they are identified. The operator shall segregate wastes within the facility so as to facilitate their treatment or disposal in specific industries. Wastes are stored, prior to revalorization or disposal, under conditions that do not pose a risk of pollution (prevention of a leaching by meteoric waters, surface and groundwater pollution, flight and odours) for neighbouring populations and the environment.
The operator ensures the traceability of these undesirable wastes in its registry in accordance with the order dated 29 February 2012.
The operator shall segregate wastes within the facility so as to facilitate their treatment or disposal in specific industries.
Temporary storage, before recycling or disposal of hazardous wastes, is carried out on watertight and protected storage basins of meteoric water. The quantity of waste stored on the site does not exceed the monthly capacity produced or, in case of external processing, a normal batch of shipment to the disposal facility.
The operator ensures the traceability of these wastes in its register in accordance with the order dated 29 February 2012. In accordance with the above-mentioned decision of 29 July 2005, he issued a tracking slip as soon as he delivered hazardous waste to a third party.
In the case of an accidental situation that 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 pollutant concentrations in groundwater.
The operator declares its waste in accordance with the thresholds and criteria of the amended January 31, 2008 Order relating to the register and annual reporting of pollutant emissions and wastes.
The operator shall make available to the inspectors of the classified facilities a detailed report on the remediation of the site specifying the nature and thickness of the various layers of recovery and all the modifications to be created and the characteristics that the storage of waste must respect (compacity, nature and quantity of the different plants, infrastructure...). The report also contains an agreement by the owner of the site if the operator is not the owner and mayor of the site's settlement municipality. The remediation of the site is consistent with this report.
Final coverage is put in place at the end of the operation of each of the phasing slices proposed by the operator and resumed in the prefectural authorization to operate. Its model allows the resorption and evacuation of rainwater compatible with the obligations enacted in the articles 640 and 41 Civil code. The geometry in plan, thickness and nature of each cover are specified in the site's operating plan.
The layouts are carried out according to the intended future use of the site, especially those mentioned in urban planning documents that are subject to third parties. In any case, the layout of the site after exploitation takes into account the landscape aspect.
The development cannot include creating a water plan that leads to the contact of wastes stored with water.
At the end of the operation, the operator provides the prefect of the department in which the installation is located a topographical plan of the storage site at the 1/500 scale that presents all the site layouts.
A copy of this site plan is forwarded to the mayor of the settlement municipality, and to the landowner if the operator is not the owner.
The decision of October 28, 2010 on inert waste storage facilities is repealed.
The Director General of Risk Prevention is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 12 December 2014.
For the Minister and by delegation:
The Director General of Risk Prevention,
P. White
