Are you operating an establishment authorised by a permit, and do you want to change the operating conditions for your establishment? Find out how to propose or request changes or additions to the specific operating conditions for your establishment.
Once you have received a permit for your establishment, you must comply with all the operating conditions, whether they be general, sectoral, integral or specific.
These operating conditions are strict. They aim to minimise the environmental impact of certain proposed establishments and may include, for example:
- limits on polluting emissions
- waste management requirements
- restrictions on noise and odours
- measures to protect local biodiversity and animal welfare
In what cases can the specific conditions be changed?
The specific operating conditions are unique to each establishment.
As an operator, you may be no longer able to ensure the appropriate conditions for:
- firstly, avoiding or reducing a danger, nuisance or inconvenience caused by your establishment
- secondly, remedying that danger, nuisance or inconvenience
Who is responsible for changing the conditions?
The competent authority is the municipal authority for the area in which the establishment is located. In certain cases, this may be the competent technical officer in the territory where the establishment is located.
This competent authority may:
- change the specific operating conditions on its own initiative
- amend the specific operating conditions at your, the operator’s, request
How do I request a change?
Download and complete the application/proposal for additions or changes to the specific conditions available in the ‘Forms’ section below.
Return the form to the competent authority.
The specific operating conditions of an authorised establishment must be changed:
- if these conditions are no longer suitable for avoiding, reducing or remedying the danger, nuisance or inconvenience
- if necessary, to ensure compliance with the ambient concentration of air pollutants (immissions) standards laid down by the Government
- if necessary, to ensure compliance with the requirements for monitoring and reporting emissions from facilities, including the specified greenhouse gas emissions from facilities.
This procedure concerns operators of an establishment authorised by an environmental permit.
The authorities that issued the permit, including the municipal authority and the technical officer, may request changes on their own initiative.
1. Preparing the application
Prepare a complete and compliant file by:
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- completing the application form (available in the ‘Forms’ section below)
- gathering all the required documents
2. Submitting the application
Send the file to the relevant authority (usually the municipal authority for the area where your establishment is located).
3. Receipt of the application
Once your application has been received, the competent authority has three working days to forward it to the technical officer with territorial responsibility.
4. Processing of the application
The technical officer, within 30 calendar days:
-
- will decide whether to hold a public enquiry
- will consult with other bodies for an opinion
- will analyse your request
If a public enquiry is deemed appropriate, the technical officer will ask the municipal authority or municipal authorities involved to organise a public enquiry for a period of 15 calendar days. The municipal authority or authorities then have 10 calendar days to draw up and send the report from the public enquiry to the technical officer.
5. Analysis and report
The technical officer, on the basis of the opinions and enquiry report, if applicable, draws up and sends the report to the competent authority.
The time limit for this is 50 calendar days:
-
- from the start of the procedure if no public inquiry to be held
- from receipt of the public enquiry report when a public enquiry is held.
The technical officer informs the operator that they are sending their report to the competent authority.
6. Information on changes to the operator’s permit and decision
The competent authority notifies the operator of the technical officer’s report within 10 calendar days.
The applicant/operator may send any comments or ask to be heard within 10 calendar days.
The competent authority takes its final decision and communicates this decision within 30 calendar days of receiving the report:
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- to the operator
- to the technical officer with territorial responsibility
- or to the municipal authority.
7. Communication and publishing of the decision
The municipal authority has 10 calendar days to publish the decision. The decision must be displayed so that it is accessible to the public for 20 calendar days.
The specific operating conditions are unique to each establishment. They can be changed according to the procedure explained below.
The general, sectoral and integral conditions CANNOT be changed by the operator via this procedure. They are amended by decree of the Walloon Government. All establishments are required to comply with them if they apply, without their permit being changed.
- Decree of 11 March 1999 on the environmental permit
- Décret du 11 mars 1999 relatif au permis d’environnement)
- Decree of the Walloon Government of 4 July 2002 concerning the procedure and various measures for the execution of the Decree of 11 March 1999 concerning the environmental permit
- Arrêté du Gouvernement wallon du 4 juillet 2002 relatif à la procédure et à diverses mesures d’exécution du décret du 11 mars 1999 relatif au permis d’environnement