Integration of ELFM into Flemish legislation

An amendment was issued by the Flemish government on the 3rd of May 2019 to include an ELFM category into the classification table of VLAREM (the environmental permitting decree applicable in Flanders). The amendment was published on the 26th of September 2019 and goes into effect on the 1st of October 2019.

The amendment creates a new category applicable to the excavation of landfills with the purpose of creating value from waste, be it through energy generation or through re-purposing them as (base) materials.

Due to the potential effects on environment and surrounding populations, the government justifies the formation of this new category. The decree stipulates a number of procedures and regulations to follow. These are summarized as follows:

  • The investigation into the contents of the landfill (by -or, under guidance of- OVAM) does not constitute the processing of waste material and is thus not covered by the new category.
  • Its classification (class I) forces the need for a permit
  • It is an activity subject to a potential, periodic environmental audit if decided by the permitting authority
  • The activity requires an environmental coordinator, level I
  • Permitting is subject to the advice of:
    • Agentschap Zorg en Gezondheid – Agency of Care and Health
    • Vlaamse Milieumaatschappij – Flemisch Environment Association
    • Openbare Vlaamse Afvalstoffenmaatschappij – Flemish Public Waste Association

Should you require further information, a copy of the decree can be found HERE.

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