? UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
February 16, 1976
MEMORANDUM
TO: EPA Staff
FROM: Division of Visitors and Information Exchange
Office of International Activities
SUBJECT: Attached Report on Belgium
Attached is a report on Belgium, third in a series of back-
ground country papers for EPA staff involved in international
activities. The first two reports were on Japan and Luxemburg.
Other reports which will be available soon include:
ASIA
Australia
EUROPE
Austria Italy
Denmark Netherlands
France Spain
Germany (Federal Republic) Sweden
Great Britain Switzerland
Ireland
NORTH AMERICA
Canada
The country profiles, together with our monthly bulletin --
"Summaries of Foreign Government Environmental Reports", are
to inform EPA staff about national environmental efforts
abroad. Suggestions on improving the format or contents of
the reports are welcome. Please call Dolores Gregory
(202-755-0560).
Attachment
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For Internal Use Only
Office of International Activities
Environmental Protection Agency
February, 1976
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PREFACE
This is a brief report on the organization and management
of environmental activities on the national level in Belgium.
Reports on Japan and Luxemburg have already been distributed
and similar reports on other countries will be available soon.
These reports, which are background papers for EPA staff involved
in international activities, are not for distribution outside
the Agency.
Emphasis is on policy and regulatory functions of national
environmental agencies. Research and development, often under
the auspices of other departments, for example, Ministry of
Science and Technology, are not covered in these reports.
Source documents for the reports, received under the
International Documents Exchange, are available in the EPA
Headquarters Library. English summaries of the foreign docu-
ments are published in the monthly bulletin "Summaries of
Foreign Government Environmental Reports."
Office of International Activities
February, 1976
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TABLE OF CONTENTS
Page
I. National Organization for Environmental Control 1
II. Environmental Legislation 5
III. Environmental Standards 12
IV. Enforcement Procedures 15
V. Interrelationships Between Government and Industry 18
VI. Reference Notes 20
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0 N T R 0 I, ! N B E L G 1 U M
I. National Organization for Environmental Control
government structure
Belgium is a constitutional, representative and hereditary monarchy.
The executive power is exercised by the Council of Ministers, headed by the Prime
Minister, and by the King. Legislative power is in the hands of Parliament, and
judicial power rests with the Supreme Court of Appeal. The Parliament, composed
of a Senate and a Chamber of Representatives, is responsible for the proposal,
debate and passage of laws. All legislative proposals are subject to the approv-
al of the Council of Ministers. The Council is also responsible for seeing to
it that legislative enactments are carried out. As the ministers are usually
members of Parliament, there is not really a complete separation of power between
the executive and legislature. Further, as head of state, the King shares legis-
lative power with Parliament as well as exercising executive power in conjunction
with the Council of Ministers. The powers granted to the King by the Constitution
include dissolution or postponement of sessions of Parliament, appointment of
ministers and judges and command of the armed forces. All acts of the King, how-
ever, must be countersigned by one of the ministers.
national environmental body
Belgium does not have one centralized environmental agency. Environ-
mental policy is formulated mainly by the Ministry of Public Health, along with
various other ministries and certain commissions established for research and
coordination of pollution control. A Secretariat of State for the Environment
has very recently been created to coordinate legislation and activities of various
services involved in pollution control and to serve as a liaison between Belgium
and the European Community in environmental matters.
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agencies with environmental responsibilities
Advisory functions are carried out by the Superior Councils of Public
2
Hygiene and Water Supply as well as a national commission for the study of pol-
lution of sea water by hydrocarbons. These groups conduct research and advise
the King on matters of pollution control. The King is empowered by several laws
to issue royal decrees in the interests of environmental protection. Coordinat-
ing activities are executed by interministerial committees for science policy
4
and water protection.
The March 26, 1971 Law on the protection of surface waters against
pollution provides for the establishment of three water purification associa-
tions responsible for the decontamination of wastewater discharged into the
coastal basin, the Scheldt Basin, and the Meuse Basin. These associations are
to include representatives of the provinces on the territory of which the juris-
diction of one of the associations extends, private enterprises using surface
waters from areas under an association's jurisdiction and enterprises discharging
polluted wastewater into these surface waters. The duties of these associations
are research of possible causes of pollution and the execution of decontamination
programs through the amelioration of existing water purification systems and the
establishment and maintenance of new systems. Moreover, all discharges of waste-
water from other than domestic sources must be authorized by the director of one
of the associations. (These authorizations, however, can be annulled or modified
by the Minister of Public Health).
The structure of the associations consists of a general assembly, whose
members represent the three groups of participants and a council of administra-
tion, composed of nine elected members of the general assembly. Press reports
indicate, however, that these purification bodies have not yet been formed in
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accordance with the March 26, 1971 Law, although the necessary legal procedures
for their Implementation are being worked out.
The creation of an interrainisterial commission for coordination in the
prevention and combating of air pollution is the subject of an October 7, 1971
Royal Decree. Members of the commission represent eight ministries, as well as
\
the organizational hierarchy of the Prime Minister and the Secretariat of State
for Scientific Policy and Programming, and their functions include preparation
of regulatory provisions and coordination of work among the different ministries
involved in air pollution control.
national-local relationships
Belgium is composed of nine provinces, each of which is headed by a
governor. The legislative body of the province is the provincial council,
administered by a "permanent deputation" of six provincial councillors. The
provinces are further divided into communes, the basic unit of local government,
each headed by a burgomaster and board of aldermen. Provincial and communal
authorities exercise a considerable amount of autonomy in voting their budgets
and providing for public services; however, there is a direct link between
national and local authorities, as local affairs are conducted under the aegis
of the Minister of the Interior. It is on the advice of this minister that the
King names the governors and burgomasters.
In the control of water pollution, although the national government,
primarily the Ministry of Public Health, provides regulations and standards, it
is mainly through the initiative of the provinces and communes that water purifi-
cation systems are actually implemented. As the three planned regional water
purification associations have not yet begun to function, provinces and communes
are conducting research and planning activities for wastewater purification,
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subsidized to a great extent by the national government.
A May 10, 1967 Royal Decree provides for the creation of provincial
commissions for the coordination of water problems. The functions of these
commissions are of a research, planning and development nature, including exchanges
of information on decontamination processes, amelioration of irrigation waterways
in farmland, and maintenance of pure drinking water.
The communal burgomasters and aldermen are responsible for the authori-
zation of discharges of wastewater from domestic sources into surface waters.
Both air and water pollution legislation impart to communal authorities the power
to take emergency measures in cases of dangerous contamination of air or water;
these measures, however, must always be confirmed by the Minister of Public Health
within an established time period. Provincial and communal authorities may also
set their own penalties for non-compliance with environmental laws, in addition
to those established by national law.
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II. Environmental Legislation
legislative system
Although Parliament is considered to be the legislative power in
Belgium and the Council of Ministers (government) the executive, the legislative
duties of introducing and voting on laws are shared by both branches. In prac-
tice, most laws are proposed by the ministers, after which they must be approved
by a vote of Parliament, with or without amendments. When a proposed law is
introduced in one of the chambers of Parliament, the bill must be approved by
the appropriate minister before undergoing parliamentary study and debate. Ul-
timately, the King must assent to every law, but this is usually a formality.
In certain instances, the King is empowered to issue "royal decrees" amending
or abrogating portions of existing laws. Each such decree must be countersigned
by the appropriate minister; in some cases the ratification of Parliament is
required. The judiciary branch has the power to contest royal decrees and re-
fuse their implementation if the decrees do not appear to be in accordance
with the Constitution. Laws voted by Parliament, however, escape this judicial
scrutiny.
highlights of the laws and regulations on air and water pollution
Belgium has a multiplicity of laws and decrees on the control of air
and water pollution. Two basic laws, given additional substance by various
royal and ministerial decrees, provide for the protection of bi.uundwater and
surface water. The March 26, 1971 Law on the protection of groundwater empowers
the King to take measures to protect groundwater for consumption and domestic
use. With the consent of the Minister of Public Health, the King may establish
the procedures for the granting of authorization for the placement of discharge
of materials into or onto soil that may be harmful to the quality of groundwater.
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This law is subsequent to a November 18, 1970 Royal Decree requiring authoriza-
tion from the minister in charge of mines for the extraction of groundwater
for other than domestic use and prohibiting all discharges of wastewater or
pollutants into wells or catchment areas.
The March 26, 1971 Law also protects surface water against pollution
by prohibiting the throwing or placing of objects or materials in surface water.
It also bans the discharge of liquids, pollutants or gases into surface water,
other than authorized discharges of wastewater. The King, on the advice of his
ministers, may regulate the manufacture, importation, sale and use of products
that may pollute surface water. This law calls for the creation of the three
previously mentioned water purification associations. The latter may authorize
wastewater discharges and provide for water purification installations.
A more detailed regulation of the discharge of wastewater into public
sewers and surface water is afforded by a January 23, 1974 Royal Decree requiring
the sampling and analysis of discharged wastewater and of receiving waters to
assure that water purification standards are met. Wastewater discharge into
highway drainage ditches is forbidden, unless the wastewater is from a domestic
source, contains no fecal matter, and has been treated for the elimination of
polluting materials.
Surface water is protected from specific types of wastewater dis-
8
charge by a number of additional royal decrees. Proprietors or sugar refineries,
9 10
iron smelting works, dairy enterprises, metal pickling and metal-surface
11 12
treatment plants, and fruit and vegetable canneries must obtain an authori-
zation to discharge wastewater from the authority having jurisdiction over the
receiving waters. Within a certain time period after such an authorization has
been granted, the above-mentioned enterprises must submit plans for purification
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installations to the Office of Wastewater Purification in the Ministry of Public
Health.
Two royal decrees, dated April 24, 1965 and May 6, 1966, deal with
drinking water. The former requires that drinking water be potable, and the
latter defines non-potable water as having a pH value lower than 6.5 and contain-
ing one or more specified organisms or substances, the tolerable quantities of
which are listed.
A third basic water pollution law protects sea water from contamina-
tion by hydrocarbons. Dated July 4, 1962, this law prohibits navigating vessels
from discharging hydrocarbons or any mixture containing hydrocarbons likely to
dirty the surface of the sea. In addition, ships are required to maintain a
registry of all hydrocarbons kept on board. The King may make obligatory the
installation of oil separators on certain types of ships, and he designates the
ports which must have reception installations and determines the minimum volume
of residues that they must be capable of collecting during a given period of
time. The November 29, 1967 Royal Decree designates types of ships that are
required to have a reservoir in which to store hydrocarbons until they can be
disposed of at a port reception installation.
Aside from these specific enactments, regulations against pollution of
Belgian sea water, ports and beaches are also incorporated in general police and
navigation regulations in royal decrees dated January 22, 1929 and May 31, 1968.
Each of these decrees contains an article prohibiting throwing, depositing, allow-
ing to float or disposing into water of objects that may impede navigation or
13
hinder the free flow of water. Any discharge of pollutants (hydrocarbons,
radioactive wastes, etc.) is forbidden. In addition, the May 31, 1968 Royal
Decree on police regulations of the Lower Scheldt river basin prohibits the dis-
14
charge of objects or pollutants into those waters.
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There is one general air pollution law in Belgium dealing with atmo-
spheric pollution from stationary sources. Provisions for control of air pollu-
tion by automobile fumes are incorporated in decrees on automobiles and traffic
regulations.
The December 28, 1964 Law concerning the fight against air pollution
empowers the King to take the following measures, with the consent of the Minister
of Public Health: 1) prohibition of certain forms of pollution; 2) regulation
or prohibition of pollution-causing apparatus; 3) regulation or requirement of
the use of preventive or pollution-control devices.
The March 26, 1971 Royal Decree provides that technical specifications
to which combustion facilities used in heating buildings must conform in order
to be manufactured, imported or sold in Belgium will be determined by the Ministers
of Public Health, Economic Affairs, and Employment and Labor.
A royal decree, dated July 26, 1971, designates certain areas of the
country as special protection zones against air pollution where, because of emis-
sions from heating facilities, the air contains a yearly average of more than
150 micrograms of sulfur oxides per cubic meter. In these areas, combustion of
peat, lignite and smoking coal briquettes is prohibited. Open-air incineration
of all wastes is proscribed except for the burning of vegetable wastes emanating
from the upkeep of gardens, the clearing of land or professional agricultural
15
activities.
The July 26, 1971 Decree also stipulates that proper functioning of
heating facilities in the special protection zones be maintained. This decree
was further implemented by the ministerial decrees of March 26 and March 27, 1974,
issued by the Minister of Public Health. They set forth the technical processes
to be followed in the mandatory testing of heating facilities fueled by solid
and liquid combustibles in order to determine the amount of fumes emitted.
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The March 27, 1974 Ministerial Decree concerns qualifications of technicians
responsible for maintenance of heating installations in the special protection
zones. The decree presents a detailed list of courses of study to be given by
educational institutions (including examination requirements) to technicians in
accordance with air pollution control standards. Also, the Minister of Public
Health must approve certifications of all graduates.
Regulations on air pollution from automobile fumes are incorporated
in a March 14, 1968 Royal Decree on general regulations on policing of road
traffic. Article 86 of this decree states that motor vehicles must be maintained
and driven so as not to emit, in an abnormal manner, oil and combustion wastes
or discharges of fumes harmful to traffic safety. A subsequent decree of March
15, 1968 on general regulations on technical conditions to be met by motor ve-
icles establishes the procedure to be used in measuring the opacity of exhaust
fumes in compliance with standards. The permissible amount of carbon monoxide
content in exhaust gases emitted from automobiles having ignition engines was
limited to 4.5% or less by the November 8, 1971 Royal Decree.
other program areas (noise, pesticides, radiation, protection of nature)
Belgium has one general noise pollution law, dated July 18, 1973.
This law empowers the King to take the following measures: 1) proscription
of the generation of certain noises; 2) placing of time limits on certain noises;
3) regulation or prohibition of production, import or sale of objects or machines
capable of producing certain noises; 4) imposition of standards for use of noise
reduction devices; and 5) creation of special protection zones within which
special measures may be taken. Decrees of August 9 and August 13, 1971 on general
regulations for technical conditions of motor vehicles require the measurement
of noise levels in motor vehicles, the responsibility for which is granted to
the Foundation for the Study and Research of Traffic Safety.
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Pesticide control in Belgium is dealt with in the June 20, 1964 Law
regulating food substances, as implemented by a December 6, 1968 Decree, author-
izing the government to establish and maintain a list, including tolerable levels,
of additives and residues of active pesticide substances allowable in foodstuffs
of plant origin. In 1969 the government was empowered to authorize the use of
pesticides and other materials to stimulate growth in plants and livestock. A
list of toxic pesticides and phytopharmaceuticals is contained in a decree of
May 31, 1958 with additions to the list appearing in subsequent decrees. The
distribution of authorizations to sell or use toxic pesticides and phytopharma-
ceuticals is regulated in this decree as well as in a decree of April 5, 1963,
which also stipulates that treatment of products used for food purposes may be
undertaken only by persons specifically authorized by the Ministry of Public
Health. In addition, prior to entry into commerce, pesticide products must have
their ingredients and intended use listed at and approved by the Ministry of
Public Health.
Belgium has three laws on the protection of the environment from damage
by radiation. The March 29, 1958 Law for protecting the population from ionizing
radiation hazards authorizes the government to set conditions for the importation,
production, storage, transport, sale, distribution and use of commercial, indus-
trial, scientific, medical or other uses of apparatus or substances capable of
emitting ionized radiation. The government is also authori^u to take all neces-
sary measures to safeguard the population and to avoid hazards resulting from
the accidental contamination of any place or substance by radioactivity. Another
radiation law, dated August 9, 1963, places the responsibility for any accident
caused by a nuclear vessel directly on the operator of that vessel. Finally,
in 1966 a law was enacted, prohibiting any person from receiving or depositing
in a nuclear facility any nuclear substances, combustibles, or radioactive and
waste products, unless specific authorization has been granted by the government.
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Provisions for the protection of nature and the safeguard of the natural
environment are contained in the July 12, 1973 law on the conservation of nature,
a framework law authorizing the creation of natural reserves, forest reserves and
and natural parks. The law specifies the special characteristics of the three
types of reserves and designates those activities, such as hunting or deforesta-
tion, which are to be prohibited in each. The Ministry of Agriculture is desig-
nated as the government agency responsible for the issuance of all necessary imple-
menting regulations, and provisions are made for the establishment of an advisory
Superior Council for the Conservation of Nature to assist the Ministry in the per-
formance of its functions under the law.
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III. Environmental Standards
status of standards
A general definition for a unit of water pollution is stated in a
January 23, 1974 Royal Decree regarding execution of the March 26, 1971 Law on
the protection of surface water as follows: 180 liters of wastewater containing
suspended materials in the amount of 500 mg./liter, having a biochemical oxygen
demand of 300 mg./liter in five days, a chemical oxygen demand of 750 mg./liter,
and nitrogen content of 55 mg./liter.
More specific standards for the discharge of wastewater into public
sewers and surface water are established in the January 23, 1974 Royal Decree.
As regards discharges into public sewers, the decree stipulates that these dis-
charges may not contain solid household wastes, textile fibers, plastic wrappings,
or dissolved inflammable gases and that any detergent must be 80% biodegradable
within 24 hours. Further, the temperature of wastewater may not exceed 45°C and the
pH value must be between 6 and 9.5. The content of mineral oils, volatile sol-
vents, and animal or vegetable fat may not exceed 0.5 g./liter, and the content
of suspended material may be no more than 1 g./liter and no larger than 1 cm.
Finally, wastewaters entering public sewers are not to contain substances such as
phenol, phosphorous, fluorine, zinc, arsenic, or manganese in amounts that could
be harmful to sewers, purification installations or receiving waters.
Standards for the discharge of wastewater into surface water are some-
what different. In this case, the temperature of the wastewater may not exceed
30°C and the pH value must be between 6.5 and 8.5. In addition, the content of
suspended materials is not to exceed 100 mg./liter, animal or vegetable oil
content may be no greater than 5 mg./liter, and the detergent content is not
to be more than 3 mg./liter. In industrial sectors where hydrocarbons enter
directly into production processes, the content of petroleum or its derivatives
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in discharged wastewater may not be greater than 15 mg./liter; in other industrial
sectors, petroleum content may not exceed 5 mg./liter.
Lastly, a November 29, 1967 Royal Decree on pollution of sea water by
hydrocarbons states that, for ships on which oil separators are mandatory, the
water discharged into the sea must contain less than 100 parts oil per 1,000,000
part of mixture discharged.
Clean air standards in Belgium are fewer in number than those for water.
The July 26, 1971 Royal Decree creating special protection zones against air
pollution, as further delineated in a January 29, 1974 decree, sets standards for
heating facilities in the special protection zones. Fuel oils for domestic heat-
ing are not to contain more than 1 percent sulfur. When solid fuels are used,
the maximum permissible weight of combustion gases is 0.6 g./lOOOkcal and the
proper temperature of combustion gases less than 400°C. When liquid fuels are
used, the proper temperature of combustion gases is between 200 and 350°C, and
the carbon dioxide content of those gases must be more than 9 percent. Moreover,
heating facilities must not emit visible fumes, except rarely and in a fleeting
manner and traces of oil should not be visible on filter paper used in measuring
the fume index.
As for air pollution caused by automobile emissions, motor vehicles
with ignition engines are to comply with the standards set by the "March 20, 1970
European Communities Council of Ministers Directive on the Harmonization of Legis-
17
lation of Member States on Pollution from Positive-Engine Equipped Motor Vehicles.
Besides, automobiles must be maintained so as not to emit exhaust gases having a
18
carbon monoxide content exceeding 4.5%.
The Ministry of Public Health sets most of the air and water pollution
standards in conjunction with the King and, in certain cases, other ministries.
For example, technical specifications to which combustion apparatus must conform
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in order to be manufactured, imported or sold in Belgium are established by the
Ministries of Public Health, Economic Affairs and Employment & Labor. The Ministry
of Communications issues directives on automobile emissions; in general, standards
for air pollution caused by motor vehicles are taken from the "March 20, 1970
European Communities Council of Ministers Directive on the Harmonization of Legis-
lation of Member States on Pollution from Positive-Engine Equipped Motor Vehicles."
Advisory councils on water supply and public hygiene and various afore-
mentioned environmental research commissions assist the government in the formula-
tion of anti-pollution standards.
All laws and regulations regarding pollution control in Belgium contain
a statement as to the Minister(s) responsible for their execution; in most cases,
it is the Minister of Public Health. Major laws, like the 1971 laws on protection
of surface water and groundwater and proper maintenance of heating facilities, are
the subject of newspaper articles, urging citizens to comply with regulations. In
addition, officials of the Ministries concerned with the environment speak to
19
industrial groups such as the Union of Brussels' Enterprises, emphasizing the
necessity of clean-air and clean-water measures.
formulation and promulgation
All standards are incorporated into laws and decrees and published in
the Moniteur Beige (Belgisch Staatsblad), the official law gazette of Belgium.
Copies of laws also appear in the Bulletin Usuel des Lois et Arretes, Les Codes
et les Lois Speciales les Plus Usuelles en Vigueur en Belgique, and Recueil des
Lois et Arretes.
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IV. Enforcement Procedures
court system
Belgium's judiciary system is empowered to act independently of the
other branches of the government. Although judges are chosen by the King on the
advice of the Ministers, they can be removed from their posts only by the Cour
de Cassation (the Supreme Court of Appeal), the highest court. At the bottom
of the court structure are the Tribunal de Police, the lowest criminal court,
and the Justice de Paix, the lowest court for civil cases. These courts deal
with minor offenses carrying a maximum penalty of seven day's imprisonment. The
Tribunal de Premiere Instance handles appeals from the lower courts, as well as
the majority of civil cases and more serious criminal cases involving penalties
of up to five years' imprisonment. Appeals from this court are heard by the Cour
d'Appel. Criminal cases resulting in sentences of from five years imprisonment
to the death sentence are carried out in the Cour d'Assise, the only court having
a jury. Sentences of the Cours d'Assise, although not open to appeal, can be
set aside by the Cour de Cassation, which submits the case to retrial by a court
of the same level as that which originally heard the case. The Cour de Cassation
consists of two sections, civil and crimina.1-. presided over by at least seven
judges. The function of this court is the annulment of verdicts of other courts
if its judges feel that the law has not been properly applied. In addition, the
citizens of Belgium are protected against arbitrary actions of the national,
provincial or municipal governments by the Council of State (Conseil d'Etat),
which can annul administrative verdicts and order Indemnification for damages
resulting from governmental actions.
enforcement mechanisms
Enforcement of environmental regulations is carried out by various
agents of the Ministry of Public Health and by local and communal authorities.
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Groundwater laws are enforced by engineers and agents of the Administration of
Mines as well as agents designated by the Minister of Public Health. These
officials, who may be assisted by communal authorities, are responsible for taking
samples of substances in groundwater suspected of being harmful and submitting
them to a designated laboratory. These agents can prohibit utilization of mal-
functioning installations or apparatus that may pollute the water; after fifteen
days, such measures must be ratified by the Ministry of Public Health.
Similarly, enforcement procedures for surface water and drinking water
include taking and analyzing samples of discharged water and receiving water (in
the case of surface water) and distribution networks (in the case of drinking
water). Agents of the Ministry of Public Health (more specifically, the Water
Distribution Service, the Inspectorate of Food Commodities and the Institute of
Hygiene and Epidemiology) may enter water distribution installations at any time
to extract samples.
Regulations regarding discharges of hydrocarbons into sea water are
enforced by maritime commissions, maritime police, and other local officials.
Within 24 hours of a ship's arrival in port, the ship captain must advise the
maritime commission of any discharge into the water of a mixture containing
more than the permissible amount of hydrocarbons.
Air pollution laws are enforced through sample-taking of fumes from
commercial heating installations by agents of the Inspectorate of Public Hygiene
in the Ministry of Public Health. The carbon monoxide content of automobile fumes
may be measured by local police. If a heating facility in a private residence
is suspected of non-compliance with air standards, the Justice de Paix may grant
permission for inspection by government agents.
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penalties
Each major environmental law includes a statement of penalties for non-
compliance. Infractions against groundwater, surface water and air standards are
punishable by eight days to six months in prison and/or a fine of 26 to 5,000
francs. Penalties for non-compliance with drinking water standards are eight
days to six months imprisonment and/or a fine of 26 to 1,000 francs. Penalties
are doubled if a new offense is committed within two years of a previous conviction.
20
In all cases, the offender is considered to be guilty until proven innocent.
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V. Government-Industry Relationships
collaboration
One of the most industrialized countries in the world, Belgium is a
large producer of steel, non-ferrous metals and metal manufactured products,
as well as chemicals, textiles, glass, and paper products.
In the fight against pollution of surface water, private industries
are to be represented in the aforementioned water purification associations,
along with the provincial officials. The general assembly of each association
is to have one representative from each industrial enterprise that utilizes sur-
face water in the association's district and one representative from each industry
which discharges pollutants into the water and uses one of the association's puri-
fication installations.
Further cooperation between government and industry is indicated by a
multi-disciplinary research and development program concerning water problems,
21
being carried out by academic and industrial laboratories.
In the area of financing purification installations for treatment of
wastewater, the government has instituted subsidy programs to aid the water puri-
fication associations, as well as private enterprises which must comply with
clean-water standards and which do not have one of the association's installations
at their disposal.
polluter pays?
Initial investments and maintenance costs of planned purification
facilities of the three associations are to be borne by the provinces in the
associations' districts and the industries involved, along with aid from the
national government. Provinces are to contribute funds in proportion to the
number of inhabitants residing in an association's district. Industrial
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enterprises utilizing surface water under an association's jurisdiction are to
pay in proportion to the volume of water extracted, and enterprises polluting
surface water must pay in proportion to the amount of polluting substances con-
22
tained in their discharged wastewater. Additional funds may be provided by
the sale of purified water and byproducts of the purification process.
Private enterprises that have to build their own purification facili-
ties can receive government subsidies through a five-year aid program, extending
from January 1, 1974 to May 1, 1979; by virtue of this program the national govern-
23
ment will provide financial aid varying from 60% in 1974 to 35% in 1979, thereby
creating an incentive for industries to undertake water treatment programs as
soon as possible. In order to qualify for such assistance, an enterprise must
begin execution of the treatment project within three months from the time of
1 /
the government's decision to provide aid.
In addition to the previously discussed procedures for the inspection
of water purification installations, holders of authorizations to discharge
wastewater are obligated to report any changes in the composition or quantity
of wastewater to the director of the water purification association in that area.
Further, if a director of one of the associations determines that an enterprise
continues to pollute surface water, even after judicial scrutiny, he is to advise
the Minister of Public Health who may suspend authorization to discharge and pro-
25
hlbit the use of installations and equipment suspected of causing pollution.
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Reference Notes
Numbers in brackets following entries are the identification numbers assigned
to documents which have been abstracted for the Foreign Exchange Documents
Program of the E.P.A. Office of International Activities. Copies of documents
are filed under these numbers at the E.P.A. Headquarters Library in Washington,
D.C.
1. "Ce que sera la pollution de 1'environnement en Belgique,"
Le Peuple (Brussels), May 29, 1974, p 2.
2. Materialen zum Umweltprogratmn der Bundesregierung 1971, (Bonn: Federal
Ministry of the Interior, 1971), p 636. [ID //00354A]
3. established by Royal Decree of December 7, 1955. [ID //00454A]
4. Materialen zum Umweltprogramm der Bunde regie rung 1971, p 636. [ID //00354A]
5. "Le gouvernement se pr£occupe de la protection de 1'environnement,"
Le Soir (Brussels), June 5, 1973, p 2; "Vingt-deux communes
de I1agglomeration namuroise realiseront-elles ensemble 1'epuration
de leurs eaux usees?" Le Soir (Brussels), April 12, 1974, p 7.
6. ibid., p 7.
7. March 26, 1971 Law on protection of surface water against pollution. [ID //00549A]
8. December 10, 1954 Royal Decree. [ID //00461D]
9. September 12, 1956 Royal Decree. [ID //00461F]
10. February 10, 1967 Royal Decree. [ID //00461G]
11. November 3, 1969 Royal Decree. [ID //00461H]
12. November 3, 1969 Royal Decree. [ID //00461J1
13. January 22, 1929 Royal Decree, Article 11, [ID 000462A]; May 31, 1968 Royal
Decree, Article 13. [ID 000813A]
14. Article 21.
15. Exceptions are given in July 3, 1972 Royal Decree.
16. Article 39.
17. July 19, 1971 Royal Decree regarding approval of automobiles with
ignition engines, as regards emission of gaseous pollutants. [ID //00436D]
18. November 8, 1971 Royal Decree on limiting of carbon monoxide content
in exhaust gases emitted by automobiles having ignition engines. [ID #00436G]
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19. "Lea industrials appeles a epurer eux-memes leurs eaux residuaires,"
Le Soir (Brussels), March 28, 1974, p 8. [ID //00549E]
20. March 26, 1971 Law on the Protection of Groundwater. [ID //01324A]
21. Edgar Kesteloot, "Les nuisances et les possibilites de les maitriser,"
Pour une conservation e^fficace de 1' environnement, Colloque
des 15 et 16 decembre 1970, (Brussels:Pare Leopold, 1972),
p 31.
22. measured in units of pollution, defined in January 23, 1974 Royal Decree
on minimum pollution amounts regarding the Law of March 26, 1971 on the
protection of surface water. [ID //00549D]
23. "Les industriels appeles a epurer eux-memes leurs eaux residuaires,"
op. cit.
24. January 23, 1974 Royal Decree on intervention of the government in
investment by an industrial enterprise for special treatment of
wastewater. [ID #005490]
25. March 26, 1971 Law on the protection of surface water. [ID #00549A]
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