Questions and answers

Question:

I have a restaurant, do I need to comply to the environmental rules of the IAB BES?

Answer:

Yes, if you have a restaurant or hotel your business is subject to the environmental rules of the IAB BES. Also other businesses in this sector, such as cafe's, catering companies or guesthouses need to comply to these rules.

Activities carried out at a Catering Establishment and listed in Annex 1 to the Establishment and Activity Decree BES are:

• food preparation
• storage of waste
• cooling system
• generator
• discharge of waste water.

Restaurants are type 2 companies. You must notify to the competent authority (the Executive Council). You also need to do a notification when starting or changing your business.

Question:

Is a construction site subject to the environmental rules of the IAB BES?

Antwoord:

Usually not.

Firstly, an activity that lasts less than 6 months does not fall within the concept of ‘establishment’ as laid down in the Public housing, spatial planning  and Environmental management Act BES and therefore does not fall under the environmental rules of the IAB BES. Even if the activity lasts longer than 6 months, it is not yet certain whether a construction site is covered by environmental regulations.

Construction activities themselves are not included in Annex I of the IAB BES. In addition, according to Annex I, Section 1.2 of the IAB BES, engines on a construction site are excluded because they are temporarily present. This temporality may also last longer than the 6 months above.

However, other activities may take place on the construction site, so that a construction site is subject to environmental rules. For example storing of cement or wood.

A construction site will usually be a type 1 or 2. The probability that a type 3 environmental permit is required is very small.

Question:

Do I need an environmental permit when I have a cooling system with 1.200 kg propane?

Answer:

Yes, Annex 1, Section 2.3 (n) of the IAB BES sets the limit for propane and butane at 100 kg for an environmental permit requirement. For ammonia (NH₃), the limit is 1.500 kg. Cooling systems with carbon dioxide as refrigerant are not subject to a permit.

Question:

If I have a foodtruck or truki pan do I need to comply with environmental rules?

Answer:

If you have a food truck, truki pan or other type of restaurant on wheels where you prepare and sell food, your business may be subject to the environmental rules of the IAB BES.

You must comply with environmental rules if you regularly prepare or sell food from the same location.  If this is only once or several times a year, your activity is unlikely to be covered by the environmental rules of the IAB BES. You may need to apply for another permit, such as an event permit.

Question:

What is meant by ‘establishment of an establishment’ in the context of a notification?

Answer:

The 'establishment' means: starting a business in a location. This can also be a new business or a business at another location.

You need to notify the 'establishment' when:

• you start a new business
• you have a type 2 company and have not yet notified
• you have a type 1 business that becomes a type 2 business by expanding or by changing an activity.

You don't always have to notify when you start, for example when:

• you take over a business and the same activities continue
• your business premises will be demolished, after which a new building will be built in which the same activities take place.