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VLAREM II Order of the Flemish Government of 1 June 1995 concerning General and Sectoral provisions relating to Environmental Safety Chapter 5.9. ANIMALS Section 5.9.1. Area of application Article 5.9.1.1. § 1. The provisions of this chapter are applicable to the establishments referred to in subsections 9.3, 9.4, 9.5, 9.6, 9.7, 9.8 and 9.9 of the classification list as well as to the storage sites for manure referred to in subsection 28.2 of the classification list that are associated with the aforementioned establishments. Article 5.9.1.2. [...] Section 5.9.2. Construction regulations for animal housing and manure storage sites and places for manure treatment and manure processing Animal housing Article 5.9.2.1. § 1. Animal housing must be built using durable and sound materials, in accordance with a code of good practice or - failing such code - according to the rules of good workmanship, under the supervision of a certified architect, an engineering architect, a civil architectural engineer, an industrial architectural engineer, an agricultural engineer or a bio-engineer, in such a way that the nuisance for the environment is prevented or restricted to the normal level of nuisance caused by neighbours. § 2. The full floor surfaces in animal housing must be made of hardened material. They must be manureproof. If this proves necessary, the manureproofness must be ensured by the application of a manure-resistant impermeable layer. These floor surfaces must be sloping, to ensure the easy removal of manure, slurry or flush water. § 3. It is forbidden to equip these floor surfaces of animal housing, manure ducts and slurry tanks with overflows or drainage channels to a surface water, a public sewer, an artificial drainage route for rainwater or a septic pit. Additional construction conditions for animal housing with respect to the limitation of the emission of ammonia Article 5.9.2.1bis. § 1. For all poultry and pig farms for which an environmental licence is granted for: the operation of a new installation, whether or not in combination with the complete discon- tinuation of an existing cattle breeding establishment the changing of an existing cattle breeding establishment, whereby one or a multiple of new animal housings are built the changing of an existing cattle breeding establishment by the amalgamation of cattle breed- ing establishments, whereby one or a multiple of new animal housing are also built the newly to be built animal housing must be low in ammonia emissions if, for the animal cate-gory concerned, a technique is included in the list of low ammonia emission animal housings established by the order of the Flemish minister competent for the environment. § 2. After the finishing of the construction of a low ammonia emission animal housing and the provision of the different low ammonia emission animal housing systems included therein, a su-pervisory architect, engineering architect, civil architectural engineer, industrial architectural en-gineer, agricultural engineer or bio-engineer must issue a certificate that demonstrates that the construction work was carried out in conformity with the low ammonia emission animal housing techniques described in the list established by the order of the Flemish minister competent for the environment. This certificate is VLAREM II Consolidated version of 7 March 2012 Page 1/14 VLAREM II Consolidated version of 7 March 2012 Page 1/14

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Page 1: Rregullore e hollandes

VLAREM IIOrder of the Flemish Government of 1 June 1995 concerningGeneral and Sectoral provisions relating to Environmental Safety

Chapter 5.9. ANIMALS

Section 5.9.1. Area of application

Article 5.9.1.1.§ 1.The provisions of this chapter are applicable to the establishments referred to in subsections 9.3, 9.4,9.5, 9.6, 9.7, 9.8 and 9.9 of the classification list as well as to the storage sites for manure referred toin subsection 28.2 of the classification list that are associated with the aforementionedestablishments.

Article 5.9.1.2.[...]

Section 5.9.2. Construction regulations for animal housing and manure storagesites and places for manure treatment and manure processing

Animal housing

Article 5.9.2.1.§ 1.Animal housing must be built using durable and sound materials, in accordance with a code of goodpractice or - failing such code - according to the rules of good workmanship, under the supervision ofa certified architect, an engineering architect, a civil architectural engineer, an industrial architecturalengineer, an agricultural engineer or a bio-engineer, in such a way that the nuisance for theenvironment is prevented or restricted to the normal level of nuisance caused by neighbours.§ 2.The full floor surfaces in animal housing must be made of hardened material. They must bemanureproof. If this proves necessary, the manureproofness must be ensured by the application of amanure-resistant impermeable layer. These floor surfaces must be sloping, to ensure the easyremoval of manure, slurry or flush water.§ 3.It is forbidden to equip these floor surfaces of animal housing, manure ducts and slurry tanks withoverflows or drainage channels to a surface water, a public sewer, an artificial drainage route forrainwater or a septic pit.

Additional construction conditions for animal housing with respect to the limitation ofthe emission of ammonia

Article 5.9.2.1bis.§ 1.For all poultry and pig farms for which an environmental licence is granted for:

the operation of a new installation, whether or not in combination with the complete discon-tinuation of an existing cattle breeding establishmentthe changing of an existing cattle breeding establishment, whereby one or a multiple of newanimal housings are builtthe changing of an existing cattle breeding establishment by the amalgamation of cattle breed-ing establishments, whereby one or a multiple of new animal housing are also built the newly tobe built animal housing must be low in ammonia emissions if, for the animal cate-goryconcerned, a technique is included in the list of low ammonia emission animal housingsestablished by the order of the Flemish minister competent for the environment.

§ 2.After the finishing of the construction of a low ammonia emission animal housing and the provision ofthe different low ammonia emission animal housing systems included therein, a su-pervisory architect,engineering architect, civil architectural engineer, industrial architectural en-gineer, agriculturalengineer or bio-engineer must issue a certificate that demonstrates that the construction work wascarried out in conformity with the low ammonia emission animal housing techniques described in thelist established by the order of the Flemish minister competent for the environment. This certificate is

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kept available for perusal by the supervisory authority.§ 3.Animal housing that was built according to animal housing techniques considered as low ammoniaemission by virtue the order of the Flemish minister competent for the environment maintains itsstatus of low ammonia emission animal housing, even if the technique is not con-sidered as such byfollowing ministerial orders for the establishment of low ammonia emission animal housingtechniques. With the conversion of this animal housing, where the rebuilding has a negative impact onthe emission of ammonia, the requirements for low ammonia emission ani-mal housing as included inthe most recent version of the list must be complied with.

Storage sites for solid animal manure outside animal housing

Article 5.9.2.2.§ 1.Permanent storage sites for solid animal manure outside animal housing must be equipped with afloor made of hardened material. The floor must be manureproof. If this proves necessary, themanureproofness must be ensured by the application of a manure-resistant impermeable layer. These storage sites must be enclosed on three sides by manureproof walls of sufficient height, whichmust meet the same requirements as the floor. The fourth side must be provided in such a way thatthe washing away of drained water and rainwater from this permanent storage site is not possible.§ 2.The floor is made in such a way that thin manure and drainage water are collected in manureproof,closed storage spaces (slurry pits).§ 3.The location is chosen in such a way that odour nuisance for the surrounding land is prevented orrestricted to the normal level of nuisance caused by neighbours.§ 4.It is forbidden to equip these storage sites for solid animal manure and the relevant slurry pits withoverflows or drainage channels to a surface water, a public sewer, an artificial drainage route forrainwater or a septic pit.§ 5.Unless otherwise specified in the environmental license, an installation must, where solid animalmanure is produced on site, have one or more manure storage areas for solid animal manure with atotal capacity sufficient to stock at least the quantity of solid animal manure produced in a six-monthperiod by those animals it is permitted to keep on the basis of the number of animal stalls in thelivestock building(s). By no later than 31 December 2011, this capacity shall be raised to a quantitycorresponding to 9 months in the case of animals kept permanently in stalls. By way of derogationfrom the provisions above, this period shall be at least 3 months in the case of stable manure. The necessary volume must be calculated on the basis of the directives for storage capacity formanure mentioned in appendix 5.9., section 7. These provisions are considered to be complied with if the operator of the establishment can prove tobe able to prevent in another regulatory manner that the aforementioned quantity of ma-nure or partthereof is spread on agricultural land during the period concerned.

Storage sites for slurry

Article 5.9.2.3.§ 1.Unless otherwise specified in the environmental license, an installation producing mixed manure musthave one or more manure storage areas with a total capacity sufficient to stock at least the quantityof manure produced in a six-month period by those animals it is permitted to keep on the basis on thenumber of animal stalls in the livestock building(s). By no later than 31 December 2011, this capacity shall be raised to a quantity corresponding to 9months in the case of animals kept permanently in stalls. The required volume shall be calculated inaccordance with the manure storage capacity guidelines stated in Appendix 5.9, Chapter 7. These provisions are also assumed to have been satisfied if the operator of an installation is able todemonstrate under other regulations that, in the period in question, he was able to avoid spreadingsome or all of the aforementioned manure on arable land. § 2.The floor, the walls and the ducts forming the connections to the animal housing or to other storagespaces must be constructed from durable and sound materials according to the rules of goodworkmanship as indicated in appendix 5.9., chapter 1 or 2 to this order. The construction work is tobe performed under the supervision of a certified architect, an engineering architect, a civilarchitectural engineer, an industrial architectural engineer, an agricultural engineer or a bio-engineer,

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in such a way that the nuisance for the environment is prevented or restricted to the normal level ofnuisance caused by neighbours. As a derogation from previous provision, for existing establishments it is also allowed that the storagesites of slurry associated with the establishment meet the conditions indicated in appendix 5.9.,chapter 3 (foil basins and manure storage bags). Storage sites for slurry may be built eitherunderground, at ground level or above ground level.§ 3.It is forbidden to equip these storage sites for slurry with overflows or drainage channels to a surfacewater, a public sewer, an artificial drainage route for rainwater or a septic pit.§ 4.Excepting the required vent pipes, storage sites located outside the animal housing must be closed offfrom the open air. For storage sites intended for the storage of effluents with a low level of ammoniacal nitrogen asdetermined in the fertilizer decree originating from manure handing or manure processing in-stallations, this can be derogated from in the environmental licence.§ 5.

The suction and filling pipes used for the emptying and possibly also for the filling of manure1.basements as well as the apertures needed for mixing the contents of slurry basements mustbe located outside the animal housing. A manureproof facility must be provided, where slurryspilt during filling or emptying is collected. A slurry basement must be constructed in such away that above the manure in the basement there can never be spaces that are completelyclosed off from the open air.With other types of slurry storage places, a manureproof spillage well with a capacity of at least2.125 litres must be provided at the filling and suction pipe; pipes and valves not fitted at a frost-free depth must be protected against freezing; there must be at least two valves fitted in afilling or drainage line which may come under the pressure of the content of the storage site;the outer valve must be able to be shut using a safety lock; in ducts in which a siphoning actioncan occur, valves or venting provisions must be provided.

§ 6.Within a water abstraction area and/or protected zone of type I, II or III, only slurry basements withbase and upright walls made of reinforced concrete, in accordance with current Belgian and/orEuropean standards and regulations, or manure storage silos, may be used. If other materials areused, the soundness of the proposed construction must be justified by means of an expert study. Thisstudy is kept available to the supervisory authority.

Places provided for manure treatment or manure processing installations

Article 5.9.2.4.§ 1.With the use of an installation for the treatment or the processing of animal manure, the necessarymeasures will be taken in order to ensure that any spilt manure can be col-lected and replaced in theexisting manure storage facility. The operator takes all necessary measures with the objective of ensuring that cleaning water,leachate or manure cannot enter the soil, and certainly cannot arrive in drains intended for thedrainage of rainwater

Section 5.9.3. General conditions with respect to the location of animal housing

Article 5.9.3.1.[...]§ 1.[...]§ 2.[...]

Section 5.9.4. Additional conditions with respect to the location of sties

Rating

Article 5.9.4.1.According to the design of the sty on the one hand, and the layout of the slurry storage facilities onthe other hand, each sty and/or slurry storage facility associated with the establishment is rated witha score expressed in points as follows:

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Description Rating

1. Animal housing systems:

a. sty equipped with a system for slurry removal several times per day (cf.manure wash system)

b. housing with dry litter waste management system (enzymes - compost)

c. deep litter housing, i.e. animal housing where at regular intervals theanimals are provided with a sufficient quantity of litter and where thebedding is disposed of only after a complete housing period - after theanimals have been taken outside;

d. animal housing with solid floor, with bedding (including concrete slabswith tapered apertures, the so-called "straw slats");

e. animal housing floor with a slatted area of over 50 %;Note: animal housing floor should be understood as the floor of the areawhere the animals are actually kept.

f. animal housing floor with a slatted area of 50 % or less

g. animal housing with solid floors, without bedding.

h. low ammonia emission animal housing

80

80

60

30

20

10

10

110

2. Ventilation systems for animal housing:

a. Mechanical ventilation systems connected to an odour abatementinstallation;

b. Mechanical ventilation systems, not connected to an odour abatementinstallation;

1. With vertical emission:

a. exhaust opening 0.5 m or more above theridge of the roof:

without cowl

with cowl

b. exhaust opening less than 0.5 m above theridge of the roof:

without cowl

with cowl

2. With lateral emission

110

50

30

40

20

10

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c. Natural ventilation systems:

1. without cover (open ridge air chimney)

2. with cover

20

10

3. The storage of solid animal manure:

a. dunghill enclosed on three sides;

b. transporter;

c. deep litter housing, i.e. animal housing where at regular intervals theanimals are provided with a sufficient quantity of litter and where thebedding is disposed of only after a complete housing period - after theanimals have been taken outside;

50

50

0

4. The storage of slurry

a. storage inside the animal housing:

manure basement under the floor of the housing, without stenchtrap;

manure basement under grate, without stench trap;

manure basement under grate, with stench trap, with limited storagetime (max. 3 weeks)

b. storage outside the animal housing:

closed storage;

simple cover;

open storage.

20

20

50

50

30

0

For new systems that do not appear in this table the applicant may provide a proposal, statingreasons, for the determination of the rating, on the basis of an approach equivalent to that shown inthe table above. This proposal may be attached to either the environmental licence file, or to theapplication for a derogation to the provisions of these regulations.

Rating per establishment

Article 5.9.4.2.The rating to be taken into consideration for the establishment is calculated as specified below.

Sties:1.Per sty:a.Each sty belonging to the establishment is given a rating "Wst", which is the sum of thescores awarded in accordance with article 5.9.4.1. to the housing system (in point 1) ofarticle 5.9.4.1.) and to the ventilation system (in point 2) of article 5.9.4.1.).For all sties belonging to the establishment:b.If the establishment encompasses several sties, all sties belonging to the establishmentare awarded a joint rating "Wv", which is the weighted average calculated as follows:

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where:Wv = the rating awarded to all of the sties belonging to the establishment;

Σ (Wstn × Vstn) = the sum of the products per sty of the rating for the sty and the

number of places for pigs in that sty;Σ Vstn = the sum of the number of places for pigs for all of the sties belonging to the

establishment.The storage of solid animal manure and slurry:2.

Per manure storage facility:1.In accordance with article 5.9.4.1. a rating is awarded to each solid animal manurestorage facility (cf. point 3) of article 5.9.4.1.) and to each slurry storage facility (cf.point 4) of article 5.9.4.1.) belonging to the establishment.For all manure storage facilities belonging to the establishment:2.If the establishment encompasses several manure storage facilities, all facilitiesbelonging to the establishment are awarded a joint rating "Wm", which is the weightedaverage calculated as follows:

where:Wm = the rating awarded to all slurry and solid animal manure storage facilities

belonging to the establishment;Σ (WMon × A) = the sum of the products per manure or slurry storage facility of the

rating for the storage facility and of the number of animals of which the slurry or manureis collected in that storage facility;Σ A = the sum of the number of animals of which the manure is collected in the storagefacility concerned.

The establishment:3.The rating awarded to the establishment is equal to the sum of the ratings awarded inaccordance with points 1° and 2° above to all the sties belonging to the establishment, on theone hand, and to the manure storage facilities belonging to the establishment, on the otherhand.

Prohibitory rules and stipulations of distances to be observed

Article 5.9.4.3.It is forbidden to operate pig farms if they are located:

wholly or partially in a catchment basin and/or type I, II or III protected zone;1.wholly or partially in an area other than an agricultural area.2.

Article 5.9.4.4.At least the following distance must be maintained between each sty and/or storage area for solidanimal manure or mixed manure in an installation located in an agrarian area on the one hand, andany residential development area, natural area of scientific value or nature reserve, area forresidential recreation or residential area other than a residential area with a rural character indicatedon the regional plan, or any forestry reserve indicated in the Forest Decree of 13 June 1990 on theother hand, based on the number of pigs kept in the installation, expressed as pig units, and on thenumber of rating points awarded to the installation pursuant to Article 5.9.4.2:

Rating pointsawarded

to the installation

Minimum distance in metres for the following numbers of pig units

100 to500

501 to 1050

1 051 to 1575

1 576 to2 100

2 101 to2 625

more than2 625

<50 250 300 350 prohibition prohibition prohibition

50 − 100 200 225 250 300 350 400

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101 − 150 100 150 200 250 300 350

151 − 200 50 100 150 200 250 300

> 200 50 50 100 150 200 300

for the application of the abovementioned provisions:one sow and piglets shall be equivalent to 2.5 pig units; any other pig > 10 weeks shall beequivalent to l pig unit. ;any other pig > 10 weeks shall be equivalent to l pig unit. ;

Article 5.9.4.5.[...]

Translation not available§ 1.[...]§ 2.[...]

Section 5.9.5. Additional conditions with respect to the location of poultry houses

Rating

Article 5.9.5.1.§ 1.According to the design of the poultry house on the one hand, and the layout of the manure storagefacilities on the other hand, each poultry house and/or manure storage facility associated with theestablishment is rated with a score expressed in points as follows:

Description Rating

1. Animal housing systems:

a. litter-covered floor (dry manure);

b. latted floor (thin manure);

c. battery without forced drying of manure:

open manure storage underneath the battery;

regular removal of the manure to a holding tank;

daily removal of the manure to a holding tank;

d. battery with forced drying of the manure using fans, ceiling fans or acomparable system (e.g. deep pit system or high rise system housing,flushing gutter manure removal system housing, battery with belt forremoving manure and manure drying system).

e. low ammonia emission animal housing

60

20

20

40

80

110

110

2. Poultry house ventilation system:

a. Mechanical ventilation systems connected to an odour abatementinstallation;

b. Mechanical ventilation systems, not connected to an odour abatement

110

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installation;

1. With vertical emission:

a. exhaust opening 0.5 m or more above theridge of the roof

without cowl

with cowl

b. exhaust opening less than 0.5 m above theridge of the roof

without cowl

with cowl

2. With lateral emission;

c. Natural ventilation systems

1. without cover (open ridge air chimney);

2. with cover

50

30

40

20

10

20

10

3. Manure storage

no manure storage (immediate removal);

sealed storage;

simple cover;

open storage, open flushing gutters.

50

40

30

0

For new systems that do not appear in this table the applicant may provide a reasoned proposal forthe determination of the rating, on the basis of an approach equivalent to that shown in the tableabove. This proposal may be attached to either the environmental licence file, or to the application fora modification to the provisions of these regulations.

Rating per establishment

Article 5.9.5.2.The rating to be taken into consideration for the establishment is calculated as specified below.

Poultry houses: 1.Per poultry house:a.Each poultry house belonging to the establishment is given a rating "Wst", which is thesum of the scores awarded in accordance with article 5.9.5.1. to the housing system (inpoint 1) of article 5.9.5.1.) and to the ventilation system (in point 2) of article 5.9.5.1.).For all poultry houses belonging to the establishment: b.If the establishment encompasses several poultry houses, all poultry houses belonging tothe establishment are awarded a joint rating "Wp", which is the weighted average

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calculated as follows:

where:Wp = the rating awarded to all of the poultry houses belonging to the establishment;

Σ (Wstn × Pstn) = the sum of the products per poultry house of the rating for the poultry

house and the number of places for poultry in that poultry house;Σ Pstn = the sum of the number of poultry that can be kept in all the poultry houses

belonging to the establishment.Manure storage facilities: 2.

Per manure storage facility: a.With respect to the storage of manure (cf. point 3) of article 5.9.5.1.) belonging to theestablishment, a rating is awarded in accordance with article 5.9.5.1.For all manure storage facilities belonging to the establishment: b.If the establishment encompasses several manure storage facilities, all facilitiesbelonging to the establishment must be awarded a joint rating "Wm", which is aweighted average calculated as follows:

where:Wm = the rating awarded to all manure storage facilities belonging to the establishment;

Σ (WMon × QMon) = the sum of the products per manure storage facility of the rating for

the facility and of the number of animals of which the manure is collected in that facility;Σ A = the sum of the number of animals of which the manure is collected in the storagefacility concerned.

The establishment: 3.The rating awarded to the establishment is equal to the sum of the ratings awarded inaccordance with points 1° and 2° above to all the poultry houses belonging to theestablishment, on the one hand, and to the various types of manure storage facilities belongingto the establishment, on the other hand.

Prohibitory rules and stipulations of distances to be observed

Article 5.9.5.3.§ 1.The operation of establishments comprising one or more poultry houses with slurry manure andwholly or partly located in a water abstraction area and/or type I, II or III protected zone is forbidden,irrespective of the number of poultry kept at the establishment.§ 2.Translation not available§ 3.The operation of establishments comprising one or more poultry houses with a joint total of over10.000 animals located wholly in areas other than agrarian areas is forbidden.§ 4.The minimum distance to be observed, as measured from each animal housing facility and/or manurestorage facility at an establishment located in a rural residential area, on the one hand, to each of theresidential development areas, conservation areas with scientific value or nature reserves, forestryreserves, areas for residential recreation and residential areas other than a rural residential area,indicated in the regional land-use plan on the other hand, is laid down in the following table accordingto the number of animals that are kept at the establishment and according to the rating calculated forthe establishment in accordance with article 5.9.5.2.:

Required minimum distance in metres at thenumber of poultry indicated

Rating awarded to the establishment < 5000 fram 5.001 to 10.000< 75 100 15075 - 150 75 100151 or more 50 75

In an establishment comprising one or more poultry houses and located wholly in a rural residentialarea, it is forbidden to keep more chickens or other poultry than the number allowed according to theaforementioned criteria and the stipulations of distances to be observed.

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§ 5.The minimum distance to be observed, as measured from each animal housing facility and/or storagefacility for slurry or solid animal manure at the establishment, to each of the residential developmentareas, conservation areas with scientific value or nature reserves, forestry reserves, areas forresidential recreation and residential areas other than a rural residential areas indicated on theregional land-use plan, is laid down in the following table according to the number of animals that canbe kept at the establishment and according to the rating calculated for the establishment inaccordance with article 5.9.5.2.:

Rating grantedto the

installation

Minimum distance requirement in m relating to number of poultry units< 5000 from

5,001to

10,000

from10,001

to20,000

from20,001

to40,000

from40,001

to60,000

from60,001

to80,000

>80.000

< 75 100 150 200 300 400 prohibition prohibition75 - 150 75 100 150 225 300 prohibition prohibition151 - 200 50 75 100 150 200 250 300> 200 50 75 100 150 200 225 250

In an establishment comprising one or more poultry houses and located wholly in an agrarian area, itis forbidden to keep more chickens or other poultry than the number allowed according to theaforementioned criteria and the stipulations of distances to be observed.§ 6.[...]

Section 5.9.6. Additional conditions with respect to the location of animal housingother than sties and poultry houses

Article 5.9.6.1.§ 1.For mixed establishments comprising both sties and/or poultry houses, the requirements referred to inthis chapter - including the prohibitory rules and stipulations of distances to be observed - areapplicable without prejudice to the sties and the poultry houses belonging to the mixed establishment.§ 2.Without prejudice to the particular conditions that can be imposed in the environmental licence, foranimal housing other than sties and poultry houses the following prohibitory rules apply:

The operation is forbidden of establishments comprising one or more animal housing facilities1.other than sties and poultry houses, irrespective of the number of animals that are kept at theestablishment, if these establishments are wholly or partly located in a water abstraction areaand/or a type I, II or III protected zone;The operation is forbidden of establishments comprising one or more animal housing facilities2.other than sties and poultry houses with a joint total of over 200 weaned native large mammals(sections 9.4.2., 9.4.3. and 9.5. of the classification list), over 2.000 weaned native smallruminants (section 9.6 of the classification list) or over 10.000 weaned rabbits, rodents, etc.(section 9.7 of the classification list), if the establishments are located wholly in areas otherthan rural residential areas or agrarian areas.

The same numbers apply when several of these categories of animals are combined. Thefollowing conversion factor must be used: 1 weaned native large mammal = 10 weaned nativesmall ruminants = 50 weaned rabbits, rodents, etc.

In addition, it is prohibited to operate establishments where over ten dogs are kept if theseestablishments are located in a residential area other than a rural residential area, or in aresidential development area.The operation is forbidden of establishments comprising one or more animal housing facilities3.other than sties and poultry houses with a joint total of over 500 weaned native large mammals(sections 9.4.2., 9.4.3. and 9.5. of the classification list), over 5,000 weaned native smallruminants (section 9.6 of the classification list) or over 25,000 weaned rabbits, rodents, etc.(section 9.7 of the classification list), if the establishments are located wholly in areas otherthan agrarian areas. The same numbers apply when several of these categories of animals arecombined.

The following conversion factor must be used:

1 weaned native large mammal = 10 weaned native small ruminants = 50 weaned rabbits,rodents, etc.

§ 3.The prohibitions and stipulations of distances stated in §1 and §2 do not apply to animal testinginstallations. Pursuant to these provisions, animal testing installation shall mean: any installation at

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which living vertebrates, including larval forms which are free living and/or capable of reproduction,excluding other foetal or embryonic forms, are kept and used in tests or kept with a view to testing,excluding installations at which cattle are kept for practical examination.

Section 5.9.7. Conditions concerning control establishments

Article 5.9.7.1.§ 1.In establishments with slurry in which either over 2,500 pigs, or over 1,500 native large mammalsother than pigs, or over 40,000 poultry can be kept, or in establishments that are wholly or partlylocated within protected zones for groundwater abstraction, at the operator's expense observationpipes (measuring wells) are placed judiciously. The observation pipes are to be made of a material that cannot be affected by the stored liquids. Theyare fitted according to the rules of good workmanship as shown in appendix 5.9. to this order oraccording to another equivalent code of good practice. The number of pipes and the nature of their placement, as well as the type used and their length aredetermined after consultation with the Department, competent in matters concerning environmentallicences and, where appropriate, with the operator of the water abstraction facility to be protected.§ 2.However, after consultation with the Department, competent in matters concerning environmentallicences and, where appropriate, with the operator of the water abstraction facility to be protected,the observation pipes referred to under § 1. may be replaced by equivalent control facilities takinginto account the hydrogeological information about the ground.§ 3.The plans for the work and the drilling reports of the observation pipes or monitoring facilities referredto in § 1 and § 2 above are made available to the Department, competent in matters concerningenvironmental licences.

Section 5.9.8. Conditions with respect to the limitation of environmentalnuisance

Conditions with respect to the limitation of environmental nuisance

Article 5.9.8.1.§ 1.The ventilation of animal housing, whether mechanical or natural, must be performed in such a waythat pollution of the ambient air is prevented or restricted to the normal level of nuisance caused byneighbours.§ 2.Insofar as they do not have a function for ventilation, windows should be kept closed. Outside doorsthat are not designed to play a role in the ventilation of the animal housing must only be opened toallow people, animals or goods to enter the building, or in the event of force majeure

The prevention of nuisance caused by dust originating from dry fodder

Article 5.9.8.2.Dry fodder which may give rise to nuisance caused by dust is to be stored either in silos or to be keptin packaged form.Measures are taken to prevent the undesired spreading of dust with the filling of the fodder silos, orrestrict it to a limit value that is acceptable from an ecological point of view.

Manure

Article 5.9.8.3.§ 1.It is forbidden to spread or store solid animal manure or slurry within the establishment but outsidethe storage spaces provided specifically for this purpose.§ 2.[...]§ 3.The produced animal manure must be disposed of in an ecologically sound manner, in accordancewiththe Decree of 22 December 2006 on the protection of water against nitrate contamination fromagricultural sources and the executive decisions providing for its enforcement.

General measures for environmental protection

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Article 5.9.8.4.§ 1.The establishment itself, the animals and the close vicinity being the property of the establishmentmust be kept in a satisfactory hygienic state. A reliable water supply must be ensured.§ 2.The maximum number of animals in each animal housing is limited by the type and size of housingaccording to technical agricultural standards.The maximum number of animals indicated in the licence or in the notification may not be exceeded.§ 3.Effective measures must be taken to control vermin such as rats, mice and insects.§ 4.Without prejudice to the regulatory provisions concerned, carcasses may not be buried in theestablishment's land. The operator takes the steps required to separate the carcasses from thehealthy animals without delay, in order for them to be collected as soon as possible by anestablishment as referred to in subsection 2.11 of the classification list. In anticipation and to preventfurther infection:

- body parts, organs and carcasses of small animals (poultry, rabbits, piglets up to approx. 201.kg, etc.) must be kept in sealed carcass holders;- carcasses of medium-sized animals (pigs, calves, sheep etc.) must be kept at a dedicated2.carcass site, which must be easy to clean and disinfect and made of hard materials, with afitting closed cover made of a durable and easy to maintain material; this carcass site must beeasily recognisable and easy to reach by the collection vehicle of the establishment referred toin subsection 2.11 of the classification list;- carcasses of large animals (cattle, horses, etc.) must be kept under a fitting closed cover3.made of durable and easy to maintain material;-all other measures must be taken to prevent contact with third parties.4.

The cover referred to in points 2° and 3° must be such that cats, dogs, other animals andinsects can not get to the carcasses.

§ 5.Kitchen waste and/or other waste intended for the feeding of the animals must be kept in closedreceptacles that can be cleaned easily

Waste waters

Article 5.9.8.5.§ 1.Any discharge of manure - whether as liquid manure, slurry or in any other form - into the publicsewers, an artificial drainage route for rainwater or in a surface water is prohibited. This prohibitiondoes not apply to the discharge of effluent after the treatment or the processing of animal manure ifthe necessary licence (heading 3) has been granted.§ 2.All animal manure in liquid form as well as the leachate originating from manure must be collected ina manureproof storage facility in or outside the animal housing.§ 3.The discharge of run-off and/or waste waters originating from the cleaning of the establishment issubject to the requirements applicable to the establishments referred to in sections 3 and 52 of theclassification list.

Section 5.9.9. Conditions concerning monitoring

Article 5.9.9.1.The operator must ensure that the establishment is kept in good condition - in particular the animalhousing, the storage facilities for manure and slurry and accessories - by regular maintenance andchecks.

Article 5.9.9.2.§ 1.The operator of an establishment as meant in article 5.9.7.1 § 1 checks the groundwater for thepresence of slurry originating from leaks at least every 3 months.§ 2.Furthermore, at the expense of the operator referred to in § 1, at least every three years agroundwater examination will take place by an accredited laboratory specialising in groundwaterexaminations. The operator sends a copy of the analysis results to the Department, competent in matters concerningenvironmental enforcement and, where appropriate, to the operator of the water abstraction to beprotected. The operator of an establishment located in a protected zone must also allow the checking

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of the measuring wells by the relative water authority when this authority so requests.§ 3.If it appears from the observation pipes or equivalent monitoring facilities referred to in § 1 or fromother observations that the manureproofness of the animal housing or manure storage sites is nolonger assured, the operator will take the necessary measures to restore the manureproofness asquickly as possible. In anticipation of the repair, no young or additional animals may be brought in.The execution of the repairs must be attested by a certified architect, an engineering architect, a civilarchitectural engineer, an industrial architectural engineer, an agricultural engineer (farmconstruction) or an agricultural bio-engineer (agricultural engineering).

Article 5.9.9.3.With the final putting out of use of a manure storage site, the storage site must be completelyemptied. Here the necessary measures must be taken related to protection against explosion and theprevention of soil, surface area and groundwater pollution.

Article 5.9.9.4.§ 1.The operator must inform the Department, competent in matters concerning environmentalenforcement, the Governor of the Province and the Burgomaster of the municipality where theestablishment is located without delay of any leakage of fluids that may give rise to ground pollutionor to infiltration into the sewer system, surface water, groundwater or on adjacent properties.§ 2.If the operator is aware of any serious pollution related to the operation of the establishment, inparticular on the basis of the controls referred to in the articles 5.9.9.1. and/or 5.9.9.2., he mustreport this to the Department, competent in matters concerning environmental enforcement referredto in § 1 immediately.

Section 5.9.10. Conditions concerning existing animal housing and manurestorage sites

Article 5.9.10.1.Without prejudice to the conditions imposed in the environmental licence, the existing animal housingand manure storage facilities must meet the conditions specified in articles 5.9.2.1. § 3, 5.9.2.2. §§ 1,2 and 4 and 5.9.2.3. § 1 and in sections 5.9.7. up to and including 5.9.9. of this order within theperiod of 1 year from the date of this order coming into force.

Section 5.9.11. Additional conditions with respect to manure handing and/ormanure processing with animal housing

Follow-up of the nutrient flow

Article 5.9.11.1.The operator shall maintain a register of all manure treatment and/or manure processing.

Article 5.9.11.2.The operation of manure handling and manure processing installations must suffice with regard to theprovisions mentioned in article 5.28.3.4.2, 5.28.3.5.1, 5.28.3.5.2 and 5.28.3.5.3.

section 5.9.12. Environmental conditions relating to installations at which dogsare kept

Article 5.9.12.1.The conditions of this section apply to the installations stated in section 9.9 of the classification list.

Article 5.9.12.2.The installation shall be enclosed by a fence to prevent the animals from escaping. On the sides facingresidential buildings or the public highway, this fence shall be made of nontransparent elements andhave a minimum height of two metres. A lockable gate must be provided to prevent access byunauthorised persons. The kennels shall be adequately sound-proofed and greenery shall be planted around the kennels andplay areas to ensure that the animals are not disturbed by the environment. Any activity likely to disturb the peace and quiet is prohibited between the hours of 22.00 and 07.00.

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Between the hours of 22.00 and 07.00, the dogs are to be kept indoors unless otherwise stated in theenvironmental license. Cadavers must be removed for destruction by a relevant company. Pending collection, the bodies shallbe stored in a sealed container.

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