Odor nuisance in the environmental law? It's the municipality's move!

Environment Act

In the Environment Act, your Municipality takes care of the aspect of odor emission. It elaborates this in an environmental plan. Odor regulations are mainly in the environmental plan. For sewage treatment plants (rwzi's), keeping farm animals and various agricultural activities, the national government provides instruction rules in the Quality of the Living Environment Decree (Bkl). For many other activities, such as the hospitality industry, the government does not set rules. The municipality itself decides whether and which rules to include for these in the environmental plan. However, the municipality must ensure an acceptable level of odor nuisance.

Odor-sensitive buildings and sites

The definition of the object to be protected changes. The Bkl contains instruction rules on which buildings the municipality must in any case record as odor-sensitive in the environmental plan. These are fewer than now. In addition, the municipality can choose to protect other buildings and locations.

A building that is not yet there, but may be there, is also odor sensitive.

Building contour odor in environmental plan

The municipality must establish a 'building contour odor' in the environmental plan. Within the building contour a 'high protection' applies, outside it a 'low protection'. Previously, the term "built-up area" was used here, which sometimes caused confusion.

Standards and distance requirements

The municipality can stipulate in an environmental plan that standards or distance requirements do not apply to a building that has a former functional connection to that business. This can be done for certain agricultural activities, for a business park or for the hospitality sector.

Odor rules article 2.7a Activities Decree

Which aspects the competent authority takes into account when determining the acceptable level of nuisance is no longer laid down in government regulations. However, there is a specific duty of care to limit adverse effects of an environmentally harmful activity as much as possible. This includes limiting odor nuisance.

This specific duty of care naturally includes paying attention to possible odor emissions and investigating whether reduction is possible. This duty of care also includes conducting pilot tests to determine reduction through BAT (Best Available Techniques). It is a legal requirement that when granting an environmental permit for licensed establishments, it is tested whether a company applies the Best Available Techniques (BAT) for reducing odor emissions. There is a duty to update permits and a duty to deploy BAT. Application of ozone to reduce odor emissions falls within this BAT. As Agrozone, we are currently heavily involved in design projects for odor control where we are conducting many tests.

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Odor nuisance in the environmental law? It's the municipality's move!

Odor nuisance in the environmental law? It's the municipality's move!

Environment Act

In the Environment Act, your Municipality takes care of the aspect of odor emission. It elaborates this in an environmental plan. Odor regulations are mainly in the environmental plan. For sewage treatment plants (rwzi's), keeping farm animals and various agricultural activities, the national government provides instruction rules in the Quality of the Living Environment Decree (Bkl). For many other activities, such as the hospitality industry, the government does not set rules. The municipality itself decides whether and which rules to include for these in the environmental plan. However, the municipality must ensure an acceptable level of odor nuisance.

Odor-sensitive buildings and sites

The definition of the object to be protected changes. The Bkl contains instruction rules on which buildings the municipality must in any case record as odor-sensitive in the environmental plan. These are fewer than now. In addition, the municipality can choose to protect other buildings and locations.

A building that is not yet there, but may be there, is also odor sensitive.

Building contour odor in environmental plan

The municipality must establish a 'building contour odor' in the environmental plan. Within the building contour a 'high protection' applies, outside it a 'low protection'. Previously, the term "built-up area" was used here, which sometimes caused confusion.

Standards and distance requirements

The municipality can stipulate in an environmental plan that standards or distance requirements do not apply to a building that has a former functional connection to that business. This can be done for certain agricultural activities, for a business park or for the hospitality sector.

Odor rules article 2.7a Activities Decree

Which aspects the competent authority takes into account when determining the acceptable level of nuisance is no longer laid down in government regulations. However, there is a specific duty of care to limit adverse effects of an environmentally harmful activity as much as possible. This includes limiting odor nuisance.

This specific duty of care naturally includes paying attention to possible odor emissions and investigating whether reduction is possible. This duty of care also includes conducting pilot tests to determine reduction through BAT (Best Available Techniques). It is a legal requirement that when granting an environmental permit for licensed establishments, it is tested whether a company applies the Best Available Techniques (BAT) for reducing odor emissions. There is a duty to update permits and a duty to deploy BAT. Application of ozone to reduce odor emissions falls within this BAT. As Agrozone, we are currently heavily involved in design projects for odor control where we are conducting many tests.

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